Excerpt: ...hat Defendant Mays has not established any legal basis to vacate the judgment. Under Code Civ. Proc. S 683.170, subd. (a), "[t]he renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment, including the ground that the amount of the renewed judgment as entered pursuant to this article is incorrect, and shall be vacated if the application for renewal was filed within five years...

Excerpt: ...ng party perm-ts. (b) Each answer shall: (1) Admit so much of the matter inwlved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (c) If a responding ...

Excerpt: .... The motion is denied as to Form Interrogatory No. 17.1 based upon the Court's ruling on the Request for Admissions. 2. Motion to Compel Further Responses to Special Interrogatories (Set 1) Against Defendant Yiming Qiu: Defendant Yiming Qiu is ordered to serve a answers, without objections, to Special Interrogatory Nos. 3, 4, 6-9, and 11-25 on or before November 30, 2023. Defendant Yiming Qiu is ordered to serve further answers, without objectio...

Excerpt: ... law and policy a defendant owes no duty to protect a plaintiff from particular harm. Avila v. Citrus Community college Dist. (2006) 38 cal.4th 148, 161 ["Avila"]; Knight v. Jewett (1992) 3 cal.4th 295, 314-15 ["Knight"]. The court does not ask what risks a particular plaintiff subjectively knew of or chose to encounter, but evaluates "the fundamental nature of the sport and the defendant's role in or relationship to that sport in order to determ...

Excerpt: ...sel represented that they had reserved a motion to be relieved from a waiver of their objections. Based upon these representations, the Court ruled on one of the motions to compel and continued the remaining four motions to compel and ordered the parties to meet and confer and for Plaintiff to file a revised Separate Statement by October 11, 2023 and any further Opposition by October 16, 2023. The Court did not receive the required further Separa...

Excerpt: ...e not necessary to dispose of Defendants' demurrer. Demurrer: The demurrer to the First Cause of Action is sustained, without leave to amend. The cause of action is barred by the two year statute of limitations. (See Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 750; Kent v. Cal. DeVt of Consumer Affairs (E.D. cal. June 28, 2011) 2011 U.S. Dist. LEXIS 69676, at *9; Thomas v. Sonoma county (N.D. cal. July 21, 2013) 2013 U.S. Dist. LEXIS 102...

Excerpt: ...inadequate service or notice of motion]; See also Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7 ["It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of moton"].) The motion is granted, with thirty (30) days leave to amend. In the alternative, should Plaintiff decide not to amend at this time, the motion i...

Excerpt: ...tention that under cases such as Williams v. Horvath (1975) 16 Cal.3d 834, 838 (Williams), and State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1240 (Bodde), sovereign immunity only is waived if the requirements of the Government Claim Act, including compliance with the claim presentation requirement, are met. It argues that the claim presentation requirement is a substantive element for a cause of action against a public ent...

Excerpt: ... compensation for an attorney who has rendered services in connection with a legal proceeding, the trial court has broad discretion and wide latitude, and the court may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony. P LCM Group, Inc. v. Drexler (2000) 22 Cal. 4th 1084, 1095. The burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. (Center...

Excerpt: ...hould this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Motion to Strike: Cross-Defendant's Request for Judicial Notice: The Request is denied as irrelevant to the determination of these motons. Cross-complainant's Request for Judicial Notice: The Request is denied as unnecessary; if the statutes and comments are relevant, they will be considered. The motion to strike is ...

Excerpt: ...n 377.32. Specifically, Plaintiffs did file the Declaration of Successor in Interest Wesley McKinley pursuantto Code of Civil Procedure secton 377.11 and Welfare & Institutions Code section 15657.3 along with their Complaint on October 31, 2022, and the declaration has Estella lola McKinley's Death Certificate attached thereto as Exhibit A; 2. Defendants' Demurrer to Plaintiffs' First Cause of Action for Elder Abuse and Neglect based upon insuffi...

Excerpt: ...d confer may subject that party to sanctions by the Court. Demurrer: 1. Statute of Limitations Re First through Third Cross-claims: The demurrers are overruled. It is not clear from the face of the pleading whether or not fraudulent or negligent conduct of Plaintiff, Cross-Defendant Zhu is alleged with respect to the quiet title, breach of fiduciary duty and accounting claims. These are subject to different statute of limitations. (See Code Civ. ...

Excerpt: ...must make himself available to oral and telephonic communications from defense counsel if he remains self-represented. Plaintiff is urged to seek legal representation in this acton. Plaintiff filed exhibits in his Opposition to the Demurrer. This is improper as the Court may only consider the Complaint and matters to which it can properly take judicial notice. Therefore, the Court did not consider these exhibits. Motion to Compel Deposition Subpo...

Excerpt: ...ssume, to some extent, what evidence will presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what at trial. The denial or grant of these motions is without prejudice. Where either party has sought to limit argument of the other party, the motion is denied. Motons in limine are used to preclude evidence. Many o...

Excerpt: ... to the interrogatory. If she does not, she must state that in her interrogatory response. Defendant must respond based on the information she has at the time she responds to the interrogatory. To the extent Defendant's responses are based on vague, blanket assertions of privilege without production of a privilege log, they lack merit because "if an objection to a document request is based on a claim of privilege or work then the response to the ...

Excerpt: ...trated to be relevant or helpful to the dispute where the published appellate decision of Randy's Trucking controls the issue. Motion for Reconsideration: On July 25, 2023, the Court issued a detailed ruling in which the Court granted Defendant's motion for a mental examination, subject to certain provisions and a Protective Order and continued the hearing on the motion for the parties to meet and confer over the date and time of the examination ...

Excerpt: ...of the services contrary to, or without the necessity for, expert testimony. PICM Group, Inc. v . Drexler (2000) 22 Cal. 4th 1084, 1095. The Court should consider the nature of the litigation, its difficulty, the amount involved, the skill required and the skill employed in handling the litgation, the attention given, and the success of the attorney's efforts and his or her experience in the particular type of work demanded. Contractors Labor Poo...

Excerpt: ...ledge, did not comply with this Order. Therefore, the Court sets an OSC Re Sanctons against Plaintiff Humberto Aranda and his attorneys, CONSUMER LAW EXPERTS, P.C. and Nancy Zhang, Attorney at Law, set for October 24, 2023, at 8:30 a.m. in Department S29. No appearance is required by Defendant at this hearing. The judicial assistant shall give notice of this OSC. Motion: The motion is granted. With respect to compelling compliance where the respo...

Excerpt: ...f their factual content"].) Defendant's Evidentiary Objections: 1-3 overruled Moton: The motion is denied. In order to prevail on this motion, Defendant would have to show that Plaintiff cannot prove she suffered from organophosphate poisoning. But that is a disputed issue of fact. Plaintiff's medical records show she was admitted for treatment for "organophosphate (Def's Exh. H at pp. 1, 2; see also id. at p. 8 ["Could not rule out possibly orga...

Excerpt: ...nsurer, a demurrer must be overruled if any valid theory is stated and in this case the alter ego allegations are sufficient to impose liability on all three defendants if proven at trial. (See Compl. at "1 9- 10; Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221 [reversing judgment of dismissal following demurrer after concluding the alter ego allegations, analogous to those in this case, were sufficiently statedl.) b. In conc...

Excerpt: ...ntly connected to unlawful conduct within the limitations period." (Richards v. CH2M Hill, Inc. (2001) 26 Cal.4th 798, 802.) An employer's series of unlawful actons "should be viewed as a single, actionable course of conduct if (1) the actions are sufficiently similar in kind; (2) they occur with sufficient frequency; and (3) they have not acquired a degree of 'permanence' so that employees are on notice that further efforts at informal conciliat...

Excerpt: ... a stay of these proceedings pursuant to Code Civ. Proc. 51281.4 which requires the court to impose a stay of litigation whenever a court has ordered arbitration of a controversy that is an issue in the litigation. (See, e.g., MKJA, Inc. v. 123 Fit Franchising, LLC (2011) 191 Cal.App.4th 643, 647.) In the acton that was ordered to arbitration, Petitioner Garrick's claims that he is being denied access to corporate information. In paragraph 90 of ...

Excerpt: ...nsider the issuance of sanctions against the non-complying party. DEMURRER: 1. All Causes of Action are uncertain: The demurrers for uncertainty are overruled. 2. First through Third Causes of Acton: The demurrers are sustained with thirty days leave to amend. The Plaintiff has not properly alleged respondeat superior or ratification. The generalized allegations in paragraph 15 and 16 are not enough to impute the intentional torts of Defendant Ch...

Excerpt: ...ising from those risks deemed inherent in a sport; as a matter of law, others have no legal duty to eliminate those risks or otherwise protect a sports participant from them"]; Knight v. Jewett (1992) 3 Cal.4th 296, 314-15.) However, a defendant has a duty to use due care not to increase the risks to a participant over and above those inherent in the activity. (Kahn v. East Side Union High School Dist. (2003) 31 Cal.4th 990.) Furthermore, a defen...

Excerpt: ...d or contributed to Decedent's death (i.e. the fall was not the cause of her death based on reasonable medical probability). And the fall did not cause any lasting harm, as there was no evidence of any wounds or acute bleeding from the CT scan taken the day of the fall. Plaintiffs Hernandez's dispute is based on their contention and reading of Decedent's medical files. But their reading and beliefs of what the medical records indicate are not suf...

Excerpt: ...efendants intend to strike Plaintiff's entire cause of action for punitive damages/exemplary damages. Defendants are not required to c:ite specific language in the Complaint. Defendants' motion complies with the California Rules of Court. In this action, Plaintiff's allegations in support of her punitive damages claim is inadequate. Absent any aggravating factors such as allegations of a prior history of substance abuse, prior arrests for driving...

Excerpt: ...enied as to Requests 4044. The demands are overly broad and irrelevant to the extent they seek information on ALL TYPES of vehicles, without limitation to Plaintiffs' particular year, make and model. 3. The motion is granted as to Requests 35-39 and 45-46 subject to a Protective Order. Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Mercedes-Benz likely had knowledge of the issues. ...

Excerpt: ...rule - suffcient foundation (NOTE: This was a multi-part paragraph) Obj. # 6 - '1 20 [one sentence] Sustain - lacks foundation, hearsay Obj. #7 - 22 Overrule - sufficient foundation laid, his opinion Obj. #8 - 24 Sustain - speculation (as to loan diversions) Obj. # 9 - '1 27 Overrule - sufficient foundation for VISION ONE Obj. # 10 - '1 27 Overrule - sufficient foundation laid Obj. # 11 - '1 28 Overrule - sufficient foundation laid Obj. # 12 - '1...

Excerpt: ...o defraud the plaintiff, (4) the plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact, (5) causation, and (6) the plaintiff sustained damages. (Blickman Turkus, LP. v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) When the allegations of the Complaint are considered, sufficient facts are alleged in support of Plaintiffs' fraudulent inducement — concealment cause of...

Excerpt: ...rly serve the tenant with a valid 3-day notice. (Borsuk v. Appellate Division of Superior Court (La Hillcreste Apartments, LLC) (2015) 242 Cal.App.4th 607, 611.) Strict compliance is required with the 3-day notice. (Stancil v. Superior Court (City of Redwood City) (2021) 11 Cal.5th 381, 394-95; Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749.) Code of Civil Procedure section 1161, subdivis...

Excerpt: ...ies on notice that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Demurrer: The issue in this case is whether the civil department within the San Bernardino County Superior Court may hear the claims asserted by Willey-Nelson or if they are matters of internal trust affairs that exclusively belong to the probate department. Either a trustee or trust beneficiary m...

Excerpt: ...s. This Court may exercise its "'inherent authority to fashion procedures and remedies as necessary to protect litigants' rights and the fairness of trial.'" (Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985, 1009, quoting Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, 763.) The levy resulted from the writ of execution, which was the result of this Court's grant of a default judgment—a default judgment whi...

Excerpt: ...g sanction is not necessary to enforce a monetary sanction. New and v. Superior Court (1995) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 155 Cal.App.3d 754, 759. his ground cannot be the basis for the Court granting this motion. The remaining grounds are Defendant's failure to engage in discovery and her alleged willful disobedience of the Court's Order compelling discovery. These grounds are persuasive. While defense counsel was present, noti...

Excerpt: ...ailure to meet and confer, where required, will result in sanctions to the offending party. DEMURRER: Third Cause of Acton for Intentional Infliction of Emotional Distress: The Court is confused by Plaintiff's position. On the one hand, Plaintiff requests leave to amend and then argues that the allegations are sufficient. The Court determines that, while the allegations are sufficient as against a demurrer, if Plaintiff wants leave to amend, the ...

Excerpt: ...acities of the Defendants as trustees. Defendants provide a full opposition on the merits, and there are no due process concerns. Any order issued by the Court will be properly entered against the proper parties. At the outset, it is an important consideration that all of the parties were aware throughout the litigation that The Lucas Corporation was a defunct corporation for all intents and purposes. While a release of the entity is important fo...

Excerpt: ...er. (Code Civ. Proc., S subd. (a)(4).) However, the Court puts the parties on notce that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non- complying party.l Defendant Husson attacks the First Amended Complaint (FAC) on three grounds. First. Defendant Husson argues that although an agreement is referenced in the FAC, Plaintiff does not allege any particulars, i.e., whether it was w...

Excerpt: ...GM was falsely advertising the transmission, knowing the material was false, and with the intent to induce reliance and knowing Martinez's vehicle was defective. Despite such knowledge, GM failed to disclose the true facts and Martinez was induced by the representations and omissions to his detriment. (Compl. at 3-4, 7, 11, 15, 23-53, 116, 121, 131, and 137.) b. Less particularity is needed in the concealment context and in cases when the facts a...

Excerpt: ...mary Adjudication on the Complaint: 1. First Cause of Acton for Breach of Contract: The motion is denied. Plaintiff's claims against Defendant arise from a combinations of sections 2.2 and 2.3 of the Non- Disclosure Agreement (NDA). Defendant Jasmine Marie Acosta (ACOSTA) fails in her burden because even if section 2.3 of the NDA is void/unenforceable, the entre NDA is not demonstrated to be void/unenforceable, and section 2.3 of the NDA would on...

Excerpt: ...90- 150 days is not unusual. The Court also finds that once Defendant told escrow to cancel, financing that was in progress could not be completed. As the agreement provided for the Defendant's business to be included in the transaction, there was no need for Defendant to close the business. Defendant cancelled the transaction too quickly. Plaintiffs have presented evidence demonstrating it takes several months to obtain the financing they needed...

Excerpt: ...ulation Judicial correction of an award is authorized only if the alleged miscalculation or mistake is "evident"—apparent on the face of the award—and not merely suppositional. (See Lopes v. Millsap (1992) 6 Cal.App.4th 1679, 1587 [arbitrator's declaration admissible for limited purpose of showng evident miscalculation that could be corrected without affecting merits of controversy]; Severtson v. Williams Constr. Co. (1985) 173 Cal.App.3d 85,...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ...e to act on the part of their attorneys. There is no evidence the amendment was intended to be a catch-all remedy for every case of poor judgment on the part of counsel which results in dismissal.' ( Huens v. Tatum, supra, 52 Cal. App. 4th at p. 264, quoting, in part, Peltier v. McCloud River R.R. Co., supra, 34 Cal. App. 4th at p. 1824, italics in original.)" English v. IKON Business Solutions, Inc. 94 Cal.App.4th 130, 146-147[114 Cal.Rptr.2d 93...

Excerpt: ...nt to hire day laborers to cut down the trees on the weekend to avoid City interference despite defendants knowing their conduct was illegal. The FAC also indicates defendants' agents cut down the trees. (FAC at 17, 20-25, and 29.) Third Cause of Action for Public Nuisance: The demurrer is overruled. The demurrer fails to outline the relevant Municipal Code sections cited and analyze that law in the context of the allegations. (See Quantum Cookin...

Excerpt: ...rocedurel section 2025.450, it should be under section 2025.480. By the facts, a notice was served to which Defendant General Motors, LLC (GM) objected. Section 2025.450 addresses compelling when no objection is served. An objection was served. Thus, although not perfectly, the motion fits better under section 2025.480, which applies to objections to questions and documents. Here, there are entire objections to producing documents and answering q...

Excerpt: ...ot this complaint. 2. Demurrerto the First Cause of Action for Breach of Contract: The demurrer is overruled. The complaint need only allege the contract's legal effect McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489, which has been done in this case given the "equal partners" allegation, among others. (Compl. at '1 8.) The revised UPA also provdes filler terms if needed. Jones v. Goodman (2020) 57 Cal.App.5th 521, 531. Franci...

Excerpt: ...Agreement. Plaintiffs do not challenge that Decedent's claims are subject to arbitration, except to offer an unconscionability argument. Plaintiffs argue that the agreement is procedurally unconscionable because Decedent was given it on a take it or leave it basis. But Plaintiffs offer no evidence in support of this argument and the circumstances under which Decedent signed it. Moreover, on its face, the Agreement provides, "Residents shall not b...

Excerpt: ... hearing and consider the issuance of sanctons against the non-complying party. Demurrer: Defendant Christopher Felix (Felix) demurs to the 1st , 2 nd -9 th and 11th causes of action. He essentially argues that the claims are those asserted against a landlord/lessor to which he is not identified as such, and the lease agreement attached to the Second Amended Complaint (SAC) identifies the landlord/lessor as Rancho Homes. Additionally, the allegat...

Excerpt: ...l of the denial of his dock license. Unlike an excessive force claim, such a claim does not automatically encompass "threat, intimidation, or coercion. 2. Plaintiff's Second and Third Causes of Acton: There are two essential elements of a claim under section 1983: the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the plaintiff of a right, privilege or immunity secured by the Constitu...

Excerpt: ...lso Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 235 [declaration in support of ant-SLAPP motion].) 1. Objections to the Declaration of Castaldi: A. Objections 1, 3, 14, 15, 17, 19, 21, 30, 34, 42, 44, 45, 47, 57, 58, 60, 61, 62, 65, 66, 58-70, 73, 75, 76, 77, 79, 80, 82, 85, 85, 88 (lacks foundation or proper authentication), 16, 29 (hearsay), 20, 38, 43, 46, 110 (improper opinion), 22, 23, 24, 37, 48, 59 (lacks foundation / impr...

Excerpt: ...' Evidentiary Objections: 1. Declaration of Racha Nour: All overruled. (Defendants' should have labeled these objections consecutively rather than by paragraph. 2. Declaration of Alan D. Wallace: All objections, except Objection #4, are overruled. The opinion as to his "general opinion that a reasonably careful real estate professionals [Sicl operating in the field in similar circumstances to Defendants here would have recommended to Plaintiff to...

Excerpt: ...its 1-3 attached to Defendant's Request for Judicial Notice filed March 9, 2023. Mohon for Reconsideration: The motion is denied. The Court loses jurisdiction to rule on a pending moton for reconsideration after entry of judgment. (APRI Ins. Co. v. Sup.Ct. (Schatteman) (1999) 76 Cal.App.4th 176, 181 [immaterial that moton to reconsider filed before entry of judgment]; Branner v. Regents of Univ. of Calif. (2009) 175 Cal.App.4th 1043, 1048 ["A mot...

Excerpt: ... a Court Order even in the absence of an authorization from Plaintiff.12 It would appear that Plaintiff has refused to informally provide an authorization and opposed the instant motion on the grounds that the Court cannot compel her to issue a written authorization because she asserts it is an unauthorized method of discovery to require Plaintiff to produce a written authorization in response to a Request for Production of Documents. The Court w...

Excerpt: ...ies had entered into an arbitration agreement. Defendant thereafter undertook to secure a stipulation to arbitrate, did not file motions or propound discovery and filed objections to Plaintiff's discovery to preserve its right to respond if arbitration was not successful. Plaintiff does not assert any substantive unconscionability and his claims of procedural unconscionability either lack evidentiary support2 or are not supported by the case law....

Excerpt: ...Notice: The Court denies Plaintiff's request for judicial notice. Plaintiff Rutherford's requests involve irrelevant documents given the procedural posture of the case. (Hernandez v. Board of Education (2004) 126 Cal.App.4th 1161, 1168, fn. 1 [judicial notice can be denied on relevancy groundsl.) Defendant's Request for Judicial Notice: The Court denies Plaintiff's request for judicial notice. New evidence with the reply is generally improper (Ja...

Excerpt: ...ions as an individual or whether he was acting in an official capacity for ASTI. Plaintiffs allege their business relations began in 2014, but there are no allegations as to when the specific business plan was created, even though there are allegations that ASTI was registered with the Secretary of State on January 12, 2015. 2. Second Cause of Action for Negligent Misrepresentation: The demurrer is sustained, with thirty days leave to amend. As w...

Excerpt: ...ent S29. The trial attorneys shall personally appear at the TRC — no court call. The trial document exchange is June 8, 2023 (which is a non-appearance date) and the trial documents filing date is June 19, 2023, except that motons in limine shall be filed in accordance with the local rules. The parties are ordered to comply with the Court's Trial Setting Order which will be available on the Court's website in a few days. All trial documents sha...

Excerpt: ...errule 3. Objections to the Points & Authorities: 1 – 9. overrule (objections are proper only as to evidence, not argument) 4. Supplemental Declaration of Julie Weiner: 1-28. overrule Motion: A. Procedural Issue: Plaintiffs have “lodged” certain documents in support of their Opposition. If a party intends to “lodge” exhibits, he needs to cite to a statute, rule of court, or local rule that provides for the “lodging” of exhibits. (Lo...

Excerpt: ... Exhibits A-K and M-Q in their entirety. 2. Motion: A. Where the moving party in a motion for judgment on the pleadings is the defendant, the motion is limited to the grounds that the court has no jurisdiction over the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against the defendant. (Code Civ. Proc., § 438, subds. (c)(1)(B)(i)- (ii).) Like a demurrer, ...

Excerpt: ...ves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. Where any motion is granted, the Court orders the parties and their attorneys to advise all witnesses: 1. Not to mention, refer or attempt to convey to the jury any evidence excluded or limited; and 2. Not to make any reference to the fact that any Order was made on a mot...

Excerpt: ...laintiff's medical condition has greatly evolved since the action was filed. Defendants appear to have initially read the case as much more limited in terms of damages than it is turning out to be. Plaintiff does not demonstrate any prejudice, other than further delay. On the other hand, the case is very old and it has been nearly six years since the case was filed. Plaintiff complains that Defendants have not acted diligently in the discovery pr...

Excerpt: ... be a proper document that the Court can take judicial notice of. However, the same document is attached as an Exhibit to the Cross Complaint so it may still be properly considered. 3. The Court takes judicial notice of Exhibit J. Defendants, Cross‐Complainants' Request for Judicial Notice: 1. The Court takes judicial notice of the existence, filing and legal effect of Exhibits A through D and F but not of the truth of matters asserted in these...

Excerpt: ...rms” of the sales agreement Plaintiffs executed with Metro Nissan which contain the arbitration provision. (In re Henson (9th Cir. 2017) 869 F. 3d 1052, 1060 [“We expressly rejected Toyota's argument that the plaintiffs' claims were necessarily based on the Purchase Agreements merely because the lawsuit was predicated on the bare fact that a vehicle purchase occurred.”], citing Kramer v. Toyota Motor Corp. (9th Cir. 2013) 705 F.3d 1122, 112...

Excerpt: .... Motion: The motion is denied. Moving party has failed to demonstrate the existence of an arbitration agreement between Plaintiffs and Defendant. Preliminarily, the language of the arbitration provision plainly does not give Defendant the right to compel arbitration as a third‐party beneficiary or otherwise. Rather, the language refers to types of disputes between Plaintiff and the Dealership which may be arbitrated by Plaintiff or the Dealers...

Excerpt: ... (5) United Site Services, Inc. and Sanctions (continued from 11/09/ and 11/15/22) Tentative Ruling: The motions are granted in part and denied in part. Plaintiff's Evidentiary Objections: The objections are overruled. Like motions to strike at trial, evidentiary objections must be specific and particularized. It is not the Court's burden to guess which portions of the proffered evidence are subject to the objection; the burden is on the objectin...

Excerpt: ...ond by one of the following: (1) an agreement to comply; (2) a representation of inability to comply; or (3) a legitimate objection to all or part of the demand. (Code Civ. Proc., § 2031.210, subd. (a).) A representation of a party's inability to comply must state: (1) that a diligent search and reasonable inquiry has been made in an effort to locate the item demanded; and (2) the reason the party is unable to comply: e.g., the document: never e...

Excerpt: ...ntiff's ‘claim' for unjust enrichment as a claim for relief. See, e.g., Ghirardo v. Antonioli, 14 Cal.4th 39, 50 (1996) (recognizing that a plaintiff may advance a stand‐alone claim for unjust enrichment, particularly where he or she seeks restitution and other remedies are inadequate). These courts focus on whether the facts demonstrate a defendant's unjust receipt of some benefit. Other courts cast unjust enrichment as an effect: it is simp...

Excerpt: ...is a cause of action. A district court has succinctly summarized the conflict as follows: Some courts have read a plaintiff's ‘claim' for unjust enrichment as a claim for relief. See, e.g., Ghirardo v. Antonioli, 14 Cal.4th 39, 50 (1996) (recognizing that a plaintiff may advance a stand‐alone claim for unjust enrichment, particularly where he or she seeks restitution and other remedies are inadequate). These courts focus on whether the facts ...

Excerpt: ...tion is denied. Certification is not appropriate because (a) Plaintiffs fail to present any facts or evidence that Zhigang, Guduan, Haixia, Zhao, and Liu can be shown to have personally engaged in any of the alleged wage‐and‐ hour violations; (b) Plaintiffs fail to establish the proposed class suffered similar wage‐andhour violations, i.e., typicality2 is lacking; (c) Plaintiffs fail to establish that proving their wage‐and‐hour claims ...

Excerpt: ...pose or address this issue in their opposition and the Court determines that the Order sustaining the demurrer for failure of the facts alleged is considered a judgment on the merits. (See Kanarek v. Bugliosi (1980) 108 Cal.App.3d 327, 333‐334. Furthermore, "the same facts are pleaded in the second action [citation], [and] …, the new complaint contains the same defects as the former." (Id at 334.) 2. Eighth Cause of Action for Wrongful Forecl...

Excerpt: ...excuses further performance by the innocent party.” (De Burgh v. DeBurgh (1952) 39 Cal.2d 858, 863.) However, “[a] contract is totally breached and an anticipatory repudiation occurs when the promisor without justification and before he has committed a breach, makes a positive statement to the promisee indicating that he will not or cannot substantially perform his contractual duties.” (Gold Mining & Water Co. v. Swinerton (1943) 23 Cal.2d ...

Excerpt: ...een corrected. Plaintiffs' allegations appear largely, if not entirely, identical to those previously pleaded in their First Amended Complaint (FAC). For the same reason they failed before, they still fail. Plaintiffs have not alleged facts to support a misrepresentation cause of action against Defendants. 2 Most of Plaintiffs' allegations involve suggestions of fraud, rather than factual allegations of fraud, against Defendants. For example, in ...

Excerpt: ...e judicial notice of two published California appellate opinions. Because the opinions are authority, not evidence, judicial notice is unnecessary. Demurrer: The demurrer is sustained, without leave to amend. The action is barred by the statute of limitations. The general limitation period for an action against a notary in his official capacity is three years. If the action is based on notarial malfeasance, as is the case here, the action must be...

Excerpt: ... Court to consolidate the UD action or stay enforcement of a judgment from another court that is on appeal. While technically, for purposes of consolidation, the other action still is pending (Code Civ. Proc., § 1049), what exactly the Court would be consolidating is unclear. Motion to Stay Unlawful Detainer Judgment: The motion is denied, without prejudice. Generally the UD judgment is binding upon this Court unless the judgment is properly ove...

Excerpt: ...to amend, as Plaintiff concedes in her Opposition that she is no longer pursuing these claims. 2. First (violation of Civ. Code, § 2923.5), Third (violation of Civ. Code, § 2924.9), Fifth (wrongful foreclosure), and Eighth (cancellation of written instruments) Causes of Action: The demurrers are sustained with leave to amend. From the allegations and exhibits attached to the Complaint, Plaintiff is not a borrower on the foreclosed loan. She has...

Excerpt: ...f of service of the motion on file. But ultimately Respondent waived the lack of service by filing a substantive opposition. Arambula v. Union Carbide Corp. (2005) 128 Cal.App.4th 333, 342‐43; Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 [“It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion.”...

Excerpt: ...ruled the demurrer for uncertainty and sustained the demurrer, without leave to amend, as to the First, Second, Third and Fourth Causes of Action. With respect to the Fifth Cause of Action for Trade Libel, the Court overruled the demurrer as to Defendant Tran and, as to Defendant Papadotos, sustained the demurrer, with thirty days leave to amend. The Court also ruled that to the extent the Sovereigns claimed that the pleading the Court treated as...

Excerpt: .... The rulings assume, to some extent, what evidence will be presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. I. PLAINTIFF'S MOTIONS IN LIMINE: Motion in Limine #1 – Exclude Evidence Regarding Alleged Absence of Prior Similar I...

Excerpt: ...tice, and [(2)] lack of prejudice, to the defendant, and [(3)] reasonable and good faith conduct on the part of the plaintiff.' (Addison, supra, 21 Cal.3d at p. 319.) These requirements are designed to ‘balanc[e] … the injustice to the plaintiff occasioned by the bar of his claim against the effect upon the important public interest or policy expressed by the [operative] limitations statute.'” Saint Francis Memorial Hospital v. State Dept. ...

Excerpt: ...mary judgment. Jimenez v. Protective Life Ins. Co. (1992) 8 Cal.App.4th 528 “a trial court may overlook the failure of a notice of motion to state a ground for relief when the supporting materials discuss and support that ground for relief so that it is clear that relief is sought on that ground. In that situation, the trial court may treat the supporting papers as curing the defective notice. [Citations.]” Luri v. Greenwald (2003) 107 Cal.Ap...

Excerpt: ...mpany (HUDSON) was the value of the subject vehicle, i.e., $5,999 [as agreed by the parties in the summary adjudication facts]. Hudson paid that amount and an additional dollar, thus, all relief afforded under Vehicle Code § 11711, subdivision (a), was afforded. While Plaintiffs assert, under DeSaulles v. Community Hospital of Monterey Peninsula (2016) 62 Cal.4th 1140, 1158 (“DeSaulles”), that they are the prevailing party as the dismissal c...

Excerpt: ...t evidence appears to show.” Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 115. The Court cannot decide this issue by demurrer. Moreover, the document is not properly authenticated. Defendant's Evidentiary Objection: 1. overruled. 2. sustained 3. sustained 2 Demurrer: Preliminarily, the Court does not consider Plaintiffs' First Amended Complaint (FAC) to be a “sham pleading.” Plaintiffs assert that the vehicle co...

Excerpt: ...October 14, 2022. The current responses potentially leave open the possibility that some documents, beyond the privileged documents, were withheld pursuant to the privilege or some other objection since only a list of what items Defendant Ozuna was willing to produce was provided and production was made without waiving the objections. (See Code Civ. Proc., § 2031.220 [outlining the requirements of a document demand response].) 2. The witness sta...

Excerpt: ...rwise indicated, a Supreme Court order granting review of a published opinion will be deemed to incorporate a provision that pending review, the appellate court opinion may be cited “not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to 2 exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, to...

Excerpt: ...e each legal theory for which she seeks recovery. (Cal. Rules of Court, Rule 2.112.) Additionally, the specific acts for which Plaintiff seeks recompense are very confusing. 2. The demurrer to the referenced “emotional tort” claim (which the Court construes speculatively that this is an intent to allege some type of emotional distress claim) is sustained because the complaint fails to adequately allege (a) outrageous conduct; and (b) intent o...

Excerpt: ... Order. The offers now made by Defendants to narrow the subpoena should have been proposed and agreed to during their meet and confer. It is unclear to the Court why these things were not done. In the future, the Court orders the parties to engage in an Informal Discovery Conference with the Court prior to filing any future discovery motion. The Court orders as follows: 1. Order applicable to all requests, except as otherwise noted: a. All of the...

Excerpt: ...1403.) Although the Complaint alleges when Plaintiff Cruz purchased the vehicle and took it in for repairs, those dates are not demonstrated dates he knew or should have known that Defendant General Motors (GM) concealed that the Subject Vehicle was sold with a defective transmission. Thus, from the face of the pleading, it cannot be said the fraud claim is time‐barred. The cause of action is not barred by the Economic Loss Rule. The allegation...

Excerpt: ...l.App.4th 1242, 1249‐ 50 [“Puerto”].) But individuals under the California Constitution have a right to privacy that protects their information, i.e., medical, financial, and employment records. (Williams v. Superior Court (Marshalls of CA, LLC) (2017) 3 Cal.5th 531, 552. [“Williams”]; Hill v. National Collegiate Athletic Assn (1994) 7 Cal.4th 1, 52. A privacy interest is invaded if there is “a legally protected privacy interest, an o...

Excerpt: ... to meet and confer, the remainder of his declaration is improper and thus, not considered. The entire declaration of Plaintiff's Counsel is improper so it was not considered. 1.‐3. sustain 4. overrule (pertinent to meet and confer) 5. sustain 6. overrule (pertinent to meet and confer) 7.‐9. sustain Request for Judicial Notice: The Court overrules Plaintiff's objections to Exhibits A, B, and D attached to Defendant's Request for Judicial Noti...

Excerpt: ...anuary 2021 Terms: 1.‐8. Overrule Defendants' Request for Judicial Notice: The Court grants judicial notice of the Complaint pursuant to Evidence Code §452 (d) but denies judicial notice of the proof of services, as irrelevant, and the arbitration rules, as no ground exists to judicially notice a private company's rules and procedures. Motion: The motion is granted as to Plaintiff Christopher Wend but denied as to Plaintiff Valorie Wend. Preli...

Excerpt: ...s follows: 1. Plaintiff's counsel has improperly cited to Plaintiff's additional facts rather than directly to opposing evidence in response to many of Defendants' submitted material facts in violation of California Rules of Court, rule 3.1350(f) (2). 2. Plaintiff's counsel failed to provide only the specific deposition transcript page, rather than the entirety of various transcripts and failed to mark the relevant portions of the deposition in a...

Excerpt: ...rney's position with respect to this discovery. There was no real effort on the part of defense counsel to resolve a very simple issue involving an error which everyone involved understood to be clerical. The face page of the discovery clearly indicates who the Plaintiff is and the wrong name is clearly a typographical error and one that should have been agreed to have been corrected instead of requiring the Court to read and hear these motions. ...

Excerpt: ...iod. The statute which allows for relief from forfeiture provides for equitable relief to a defaulted tenant following entry of judgment. It is an equitable proceeding in which the Court balances the hardship to each party in either enforcing the judgment for possession in favor of the landlord or allowing for the reinstatement of the lease in favor of the tenant. After balancing the hardships, the Court determines that the hardship to Defendant ...

Excerpt: ...22 Cal. 4th 1084, 1095. The burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal.App.4th 603, 615. “[Parties] are not entitled to compensation for this work merely because it was performed. It was their burden to persuade the trial court the work was reasonably necessary, both as to the particular tasks performed and the amount of ...

Excerpt: ...ld “make clear the specific ground of the objection.” (Evidence Code, § 353; Cole v. Town of Los Gatos (2012) 205 Cal.App.4th 749, 764 [failure to cite Evidence Code, § 801 (governing admissibility of expert opinion) or make “coherent argument” in support of objection constituted “abandonment of the objection”].) As to all the objections, the statement opined in Cole v. Town of Los Gatos (2012) 205 Cal.App.4th 749, 764, fn. 6, is ap...

Excerpt: ...s to conflate the elements of promissory fraud and misrepresentation of fact. In this regard, the allegations are confusing, the basis for the claim is unclear, and the “when,” “where,” and “how” particulars of Defendant Seymen's purported promissory fraud or misrepresentations are not alleged. The detrimental reliance element also lacks specificity. b. Promises to forward payments are also not assertions of fact and it is unclear how...

Excerpt: ...al Interrogatory Nos. 69, 76‐77, 80‐81, and 92‐93. Sanctions are denied as to either party as the result was mixed. Plaintiff's Motion to Compel Further Responses to Request for Production (Set 2): The motion is granted. Defendant City of San Bernardino is ordered to provide further verified code‐compliant2 answers, without objection, and any responsive documents, to Request 1Throughout all of the motions, Plaintiff's tone is antagonistic...

Excerpt: ...000) 22 Cal. 4th 1084, 1095. The burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal.App.4th 603, 615. “[Parties] are not entitled to compensation for this work merely because it was performed. It was their burden to persuade the trial court the work was reasonably necessary, both as to the particular tasks performed and the amoun...

Excerpt: ...uired to sustain such objections. (See W. Pico Furniture Co., supra, 56 Cal.2d 407 at pp. 417‐418 [discussing the need for evidence related to objections on burden grounds].) Similarly, no evidence was submitted as to the trade secret objection in order to show that the information or documents withheld actually constitute a trade secret. While GM did submit the declaration from Lu, the declaration is more than three years old and was therefore...

Excerpt: ...e evidence to be stricken, “. . . especially where only part of it is objectionable.” OCFCD v. Sunny Crest Dairy, Inc. (1978) 77 Cal.App.3d 742, 753; 3 Witkin, California Evidence (4th Ed. 2000), Presentation at Trial, §383, pp. 475‐476; cf. Rose v. State of California (1941) 19 Cal.2d 713, 742 [“A motion to strike out inadmissible evidence may be properly denied where it is general and embraces evidence which is admissible as well as th...