Excerpt: ...ction subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross‐complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint, t...

Excerpt: ...ntersection of Lone Pine Canyon Rd. Plaintiff Suzi was a passenger in Garrett's vehicle. Also driving eastbound on SR 138 was Gautier in a tractor‐trailer owned by CR England. Due to Gautier traveling at an unsafe speed and failing to yield to stop traffic, a collision occurred between him and the Plaintiffs, causing Plaintiffs to sustain injuries (¶¶9‐13). At issue is a motion to quash subpoenas for records regarding Plaintiffs' gun owners...

Excerpt: ...oners, who were African American shoppers, claimed they had been beaten by a shopping center's security guards. (Fuller, supra, 87 Cal.App.4th at pp. 302‐303.) The petitioners sued, among others, the individual guards, and the petitioners noticed the guards' depositions. (Id. at p. 303.) The guards moved for a protective order to prevent the depositions from going forward, as the United States Attorney's Office and the FBI were investigating th...

Excerpt: ...g of 18 U.S.C. § 1030. The Complaint alleges that Defendant intentionally and without authorization accessed such protected computer and, by destroying the contact information, caused damage and loss through such access. The Complaint also alleges that the loss by such unauthorized access meets or exceeds $5,000 in value. (Complaint, ¶¶ 70‐72.) It is further alleged that “In performing the unauthorized access, Defendants acted with malice,...

Excerpt: ... period is extended by five court days. (Code Civ. Proc., § 437c, subd. (a)(2).) Costco filed its MSJ on February 11, 2021. The proof service attached to the MSJ indicates Costco served its MSJ by mail on February 10th. Seventy‐five days beyond that date is Monday, April 26th. Adding the five court days for mail service results in a date of Saturday, May 1st. The hearing should have thus been noticed on or after Monday, May 3rd. Instead, it wa...

Excerpt: ...ct, where it is proven that the defendant is guilty of oppression, fraud, or malice, the plaintiff may recover punitive damages. It does not, however, automatically follow that because a plaintiff is entitled to compensatory damages he is also entitled to exemplary damages. (Silberg v. California Life Ins. Co. (1974) 11 Cal.3d 452, 461.) To establish a conscious disregard for the safety of others as a predicate for punitive damages, a plaintiff m...

Excerpt: ...Analysis Motion to Set Aside The Proof of Service of Summons pertaining to Keller Williams Big Bear indicates that service was made on “Michael Shawn Hoffman, Authorized to Accept Service.” Service was purportedly made on October 30, 2020, at 11:21 a.m. at 39374 Lodge Road, Fawnskin, CA 92333. However, Michael Hoffman was not the agent for service of process and, therefore, service was ineffective. With respect to Michael Shawn Hoffman, Teres...

Excerpt: ...condition at the time of the injury.” (Gov. Code, § 835.) Instead, all Plaintiff alleges is that Gonzales and Erickson, both of whom are Chaffey employees, created the dangerous condition when they had Plaintiff run full speed throughout the gymnasium while blindfolded. (¶¶ 9‐10, 16, 20‐21, 30‐33.) While Plaintiff does generally allege the premises were “in a dangerous, defective and unsafe condition,” and that Chaffey “failed to...

Excerpt: ... Proc., §128.7, subd. (d); Malovec v. Hamrell (1999) 70 Cal.App.4th 434, 441.) Section 128.7, subdivision (b) states: By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circums...

Excerpt: ...s irrelevant and Plaintiffs are asking to accept the truth of statements therein, which is improper, as judicial notice would only be of the existence of the filed pleading, not the truth of the arguments asserted. Firstly, Defendants Dunagan offer no clear reason why an order to show re compliance should issue. Even if late, they do not dispute the bond was posted. Sayegh complied eventually so an order to comply appears unnecessary. Second, Dun...

Excerpt: ... argue the fraud causes of action are not pleaded with the requisite particularity. Defendants argue the allegations are conclusory. In opposition, Plaintiff references allegations from the Complaint and argues that she has pled sufficient facts to support her fraud claims. Plaintiff states that the special demurrer fails to specify in what particulars the pleading is uncertain. Analysis The elements of actionable fraud are: “(1) a false repres...

Excerpt: ... to raise a triable issue of material fact. This is immaterial because the moving party Page | 2 bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co., (2001) 25 Cal. 4th 826, 850‐851. Where the plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. Cod...

Excerpt: ...portion of the purchase price of PWT. Under its terms, Rees agreed not to compete with Plaintiff without Plaintiff's written consent anywhere in the United States. Rees was to protect all confidential information and not disclose or use for his own account. Rees was not to employ any of Plaintiff's employees or encourage them to leave Plaintiff's employ. (Complaint, ¶¶147‐151.) Plaintiff further alleges Rees breached when he started Vazza onl...

Excerpt: ...fore the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. (b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (a), the employee or consumer m...

Excerpt: ...filed with the California Secretary of State on January 31, 2017, and (2). The Court grants the City's request for judicial notice pursuant to Evidence Code section 452, subdivisions (b) and (c). The City's Demurrer The City demurs to Plaintiffs' entire FAC on the grounds the FAC fails to allege sufficient facts to constitute a cause of action. Further, the City demurs to the first cause of action for violation of Labor Code, section 1102.5, on t...

Excerpt: ..., the burden shifts to the plaintiff to establish his probability of prevailing on the claim. (HMS Capital, Inc. v. Lawyers Title Company (2004) 118 Cal.App.4th 204, 211.) A defendant meets his initial burden by demonstrating the act underlying the plaintiff's cause of action fits one of the categories spelled out in section 425.16, subdivision (e). (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) The “focus is not the form of the plaintiff's c...

Excerpt: ...ay agree with Caltrans that the initial application may have been lacking the criteria for a good faith settlement, (leaving out many of the Tech‐Bilt considerations,) the declaration submitted by Dale Dunlap, P.E. with the reply is sufficient for this Court to approve the good faith settlement. Plaintiffs did not list the rough approximation of the Plaintiffs' total recovery, Kemira and Flores' proportionate share of liability, Kemira's financ...

Excerpt: ... 361, 367.) “Ordinarily, the proper county for trial of a transitory action is the county in which the defendants or some of them reside. (Id. at p. 368.) “Where there are several defendants who reside in different counties, the law gives plaintiff the option and right of commencing the action in the county where any one of the defendants may reside. [Citation.]” (Taff v. Goodman (1940) 41 Cal.App.2d 771, 776.) “A corporation is properly ...

Excerpt: ...mmary Judgment (MSJ), arguing it complied with the standard of care, and it did not cause or contribute to Plaintiff's injuries and damages. Plaintiff's Opposition was due November 30, 2020. (Code Civ. Proc., § 437c, subd. (b)(2).) On December 7, 2020, Defendant filed a Notice of Non‐Opposition, confirming no opposition was filed or served on Plaintiff's behalf. Based on Defendant's evidence, i.e., the declaration of Dr. Prober (along with Pla...