Excerpt: ... fact or law, and may consider exhibits attached to the complaint. (Id. at 732‐33; Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924.) Specific factual allegations modify and limit inconsistent general statements. (Fin. Corp. of Am. v. Wilburn (1987) 189 Cal.App.3d 764, 769.) The court must interpret the complaint reasonably, reading it as a whole and considering all parts in their context. (Hale v. Sharp Healthcare (2010) 183 Ca...

Excerpt: ...or the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. Fireman's Fund Ins. Co. v. Superior Court (1991) 233 Cal.App.3d 1138, 1141. A protective Order will obviate, in most cases,...

Excerpt: ... precedential value, only one of them, an unsigned superior court tentative ruling, addresses the pivotal issue raised in this motion, which is whether the employer demonstrated the employee e‐signed the agreement. (See Ex. G.) Because analysis of that issue involves analysis of specific facts unique to each case, an unrelated trial court ruling is irrelevant. RANDSTAD/AIO Acquisition (AIO)'s Motion to Compel Arbitration: The motion is granted....

Excerpt: ...efendants opposed the motion and, inter alia, argued that the pleading was unclear as to what was sought to be amended. On January 19, 2021, the Court continued the motion to allow Plaintiffs to clarify the amendments and provide a red‐lined version of the changes to the current complaint, along with a clean version of the Amended Complaint. In addition, the Court requested further briefing on the issue of whether or not the Court had the power...

Excerpt: ...AMINATION Statement of Law – Compel Medical Examination A defendant can seek a medical examination with leave of court pursuant to Code of Civil Procedure section 2032.310. The notice of motion must set forth the time, place, identity, and specialty of the examiner, and the “manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b).) The moving party must include a declaration showing a good faith at...

Excerpt: ... On December 21, 2020, the Court overruled Defendants' demurrer to Plaintiff's complaint. The Court ordered Defendants to file their answer within 30 days. On January 19, 2021, Defendants answered. On February 9, 2021, SCITC and Spectrum (“Moving Defendants”) filed this motion for leave to file a cross‐complaint against Plaintiff and a third‐party, Katya Linky. DISCUSSION Code of Civil Procedure section 428.50 provides: (a) A party shall ...

Excerpt: ...s, fluoroscopy procedures had been conducted at Hospital by staff who do not hold the requisite fluoroscopy permits, under the direction and supervision of a certified supervisor or operator. (¶44.) Accordingly, Hospital violated Health and Safety Code section 1071110, and is liable for $5,000 per offense, for an estimated $3.6 million. (¶¶47‐48.) At issue is a motion for judgment on the pleadings. 2 DISCUSSION Statement of Law – Motion fo...

Excerpt: ...aphs 10, 13, 15, and 16 are contractually binding and enforceable. (DF ##35‐36; Susan Morales (SUSAN1 ) Declaration at ¶17, Exh. 3, p. 3.) While Defendants dispute this, asserting in her deposition SUSAN testified that she did not believe the letter of intent was a contract. However, Defendants do not offer any legal authority that the subjective testimony of a corporate officer to an agreement 1 Since both individual Plaintiffs have the same ...

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: ... 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: ...ion of documents to Request for Production of Documents (Set 1): All motions are granted. Defendant BaronHR West Inc.'s remedy upon receiving the discovery was to seek a protective order that it need not respond until the issue of arbitration is determined. It did not do that. Defendant has not sought to compel Flores to arbitration. Defendant does not offer any case law or authority that it can hide behind it holding a signed arbitration agreeme...

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: ...up, LLC as that party was dismissed on February 11, 2021.The unopposed demurrer to the Tenth Cause of Action (Quantum Meruit) is sustained as to Cross‐defendant PRG SANS, LLC. Unless Cross‐complainant EAGLE can make an offer of proof as to how the cause of action may be amended to state a viable cause of action, the demurrer is sustained, without leave to amend. In that event, moving party shall submit a Judgment of Dismissal prior to the nex...

Excerpt: ...he employment paperwork, and had to do so on his cell phone as he did not have a computer at home. The documents were not explained to him and no copies were sent. (Hunkin Decl. at ¶2.) Contracts of adhesion in the arbitration setting of this nature constitute only modest procedural unconscionability. Da Loc Nguyen v. Applied Medical Resources Corporation (2016) 4 Cal.App.5th 232, 248. [4th Dist.] The significant impediment to arbitration is the...

Excerpt: .... 4th 442, 447 [78 Cal. Rptr. 2d 101]; see also Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 221 [197 Cal. Rptr. 783, 673 P.2d 660].)6 (original emphasis) The non‐disclosure agreements are the type of agreements that can establish a trust relationship imposing confidential duties on the parties. 2. The demurrer to the Fourth Cause of Action on grounds of failure to state facts sufficient to constitute a...

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: ...ules of Court. Defendants cite to no authority providing for lodging exhibits in support of a summary judgment/adjudication motion. Therefore, the Court orders the exhibits filed and admonishes Defense Counsel in the future to file the evidence they would like the Court to consider. 1 Lodged exhibits are exhibits merely being temporarily placed or deposited with the court but not filed, and until it is filed, it is not part of the court's permane...

Excerpt: ...ourth Cause of Action is overruled. 3. The demurrer to the Fifth Cause of Action is overruled. A party at the pleading stage may plead alternative remedies. 4. The demurrer is sustained without leave to amend as to the Sixth Cause of Action. The Court finds the federal cases persuasive. Motion to Strike: Defendants' motion to strike is denied as to the civil penalty allegations under the SongBeverly Act. The Court cannot tell from the face of the...

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: ...ol. The Court asks the Plaintiff to address the issue regarding a bond to be posted. DENY the preliminary injunction in all other respects. Plaintiffs have not demonstrated a probable success on the merits with respect to imposing a constructive trust on Defendant's bank accounts by presenting evidence that particular funds in her possession are clearly traceable to the accounts. Normally injunctions do not issue where only money is involved and ...

Excerpt: ...rant. Plaintiff Miguel Guadarrama is ordered to serve verified answers, without objection, to the Form Interrogatories (Set #1) on Defendant Omnitrans on or before March 19, 2021. Motion to Compel Responses to Request for Admissions (Set #1): Grant. The truth of matters specified in Request for Admissions (Set #1) 1‐8, is deemed admitted against Plaintiff Miguel Guadarrama. Motion to Compel Responses to Request for Production of Documents (Set ...

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: ...mental inspection demands. They cite judicial decisions defining “good cause” in other discovery contexts. The cited decisions, however, did not address these particular Code sections and did not arise from cases designated and handled as complex litigation under California Rules of Court, rule 3.750 et seq. Good cause is a flexible concept that allows for considerable discretion by this Court. (Greyhound Corp. v. Superior Court (1961) 56 Cal...