SUBJECT: Motion for Summary Judgment, or in the alternative, Summary Adjudication
Moving Party: Plaintiff and Cross-Defendant David Y. Nakatsu
Resp. Party: Defendant and Cross-Complainant Yusi Liao
Nakatsu’s motion for summary judgment/summary adjudication is GRANTED IN PART.
The motion is GRANTED as to Liao’s causes of action for breach of contract, fraud (unconscionable fees), and general negligence. Her claims are time-barred by Code of Civil Procedure Section 340.6, subdivision (a). The motion is DENIED as to Liao’s causes of action for fraud (false-promise and fraud in the inducement) and exemplary damages.
PRELIMINARY COMMENTS:
Nakatsu’s Request for Judicial Notice is captioned “me, an Individual, Cross-Plaintiff Vs. Yusi Liao, an Individual, and Does 1-50, Cross-Defendants.” (Request for Judicial Notice, p. 1:11-14.) It also states that the attorneys filing the document are the “attorneys for Plaintiff, Cross-Defendant, me.” (Request for Judicial Notice, p. 1:6.) This Cour
Hearing Date
November 06, 2020
Type
Negligent Breach of Contract/Warranty (no fraud) (General Jurisdiction)
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SUBJECT: Motion for Summary Judgment, or in the alternative, Summary Adjudication
Moving Party: Plaintiff and Cross-Defendant David Y. Nakatsu
Resp. Party: Defendant and Cross-Complainant Yusi Liao
Nakatsu’s motion for summary judgment/summary adjudication is GRANTED IN PART.
The motion is GRANTED as to Liao’s causes of action for breach of contract, fraud (unconscionable fees), and general negligence. Her claims are time-barred by Code of Civil Procedure Section 340.6, subdivision (a). The motion is DENIED as to Liao’s causes of action for fraud (false-promise and fraud in the inducement) and exemplary damages.
PRELIMINARY COMMENTS:
Nakatsu’s Request for Judicial Notice is captioned “me, an Individual, Cross-Plaintiff Vs. Yusi Liao, an Individual, and Does 1-50, Cross-Defendants.” (Request for Judicial Notice, p. 1:11-14.) It also states that the attorneys filing the document are the “attorneys for Plaintiff, Cross-Defendant, me.” (Request for Judicial Notice, p. 1:6.) This Cour