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