Excerpt: ...s no defense to a ca use of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff . . . has met that burden, the burden shifts to the defendant . . . to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant . . . shall not rely upon the allegations or denials of its pleadings to show that ...

Excerpt: ...oposed cla ss action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On March 3, 2023, Plaintiff Ene C. Hernandez, individually and on behalf of other persons similarly situated (“Plaintiff”), filed a Complaint against Defendant Northwest Hotel Corporation (“Defendant”). (ROA 2.) The Complaint alleged the following eight causes of action: 1. Failure to Provide Me...

Excerpt: ...REQUEST: Caltrans and OCTA mov e for an order permitting Reply briefs to support its Motion in Limine Nos. 1 -3. ROA 431 -433. FACTS / OVERVIEW: These consolidated actions involve inverse condemnation claims and cross -complaints for indemnification. The action was initiated by JL Kids, wh ich seeks recovery for damages caused by a landslide onto its property in San Clemente. St. Andrews cross -complained against OCTA and Caltrans for indemnifi...

Excerpt: ...oving party in fact served the instant motion and supporting papers more than 21 days prior to filing them. (Code Civ. Proc., §§ 128.5, subd. (f)(1)(B), 128.7, subd. (c)(1); Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 577 -578 [statements in brie fs are argument, not evidence]; Hart v. Avetoom (2002) 95 Cal.App.4th 410, 413 -415 [motion initially served must be the same as the one eventually filed]; Galleria Plus, Inc. v...

Excerpt: ...gent m isrepresentation. The FAC fails to state facts sufficient to constitute these causes of action. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 645 [fraud elements]; Nissan Motor Acceptance Cases (2021) 63 Cal.App.5th 793, 823 [negligent misrepre sentation elements].) The residential purchased agreement (RPA) attached as exhibit A to the FAC shows that at the time defendants made the subject “misrepresentations” on 6/1/22 (FAC...

Excerpt: ...“Hirson” an d crossdefendants as “Korpivaara.” Defect/misjoinder of parties. Korpivaara has not shown Niral Patel is an indispensable party. “An agent is not an indispensable party in litigation between his principal and a third party over the subject matter of the a g e n c y .” (Writers Guild of America, West, Inc. v. Screen Gems, Inc. (1969) 274 Cal.App.2d 367, 374.) 1st cause of action, declaratory judgment -partner disassociation...

Excerpt: ...ffs filed an opposition to Defendants' Request to take Judicial Notice of documents apparently related to the prelitigation complaints made by plaintiffs to defendants. (See ROAs 76, 95.) At the same time, Plaintiffs state that “judicial notice is unnecessary if the se are the documents attached to Plaintiff's SAC already filed with the court.” Copies of the same documents are in fact attached to the SAC and were previously judicially notic...

Excerpt: ...er v. AT&T Mobilit y, LLC (2011) 196 Cal.App.4th 1545, 1556 [elements] The FAC states facts sufficient to state a cause of action for Negligent Repair See Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527 [Negligence may be alleged in general terms].) The FAC states facts sufficient to state a cause of action for Violation of the UCC (Defendants failed to identify any defects with the pleading of this cause of action). The omission of the allegati...

Excerpt: ...rder and orde r for issuance of a Writ of Attachment (“Application”) against defendant Arunpal Sehgal, M.D. (“Defendant”) are GRANTED in the following amounts: Reliant Management Group, LLC's Application is GRANTED in the reduced amount of $100,000; and Riverside Postac ute Care, LLC's Application is GRANTED in the reduced amount of $103,132.88. Plaintiff is ordered to post an undertaking of $10,000. “Under Code of Civil Procedure secti...

Excerpt: ... Responding Party: Plaintiffs M. Westland, LLC; Dorothy Sublett -Miller and Walter J. Miller, as Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated February 05, 2004, for the Estate of Willis L. Miller, deceased, as to an u ndivided ½ interest; Dorothy Sublett -Miller and Walter J. Miller, Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated Feb...

Excerpt: ... forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submit evidence that their detached garage has experienced repeated water intrusion as a result of dirt being up against the side of their garage to a level approximately 1.5 feet above their garage floor. Plaintiffs all...

Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...

Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...

Excerpt: ...dar days to the notice requirement. (Cal Civ. Proc. Code § 1005(b).) As such, Plaintiff was required to serve her motion on March 21, 2024. Having served her motion for a continuance on April 8, 2024, Plaintiff failed to give defendants the requisite notice. Furt her, the court finds that Plaintiff has not offered sufficient evidence to substantiate a six -month continuance. While her LMFT therapist states that “it might be beneficial to cur...

Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...

Excerpt: ... the weight and credibility of these matters, and rules as follows: Plaintiff Pure Dermatology's motion for preliminary injunction is denied. “A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to preva il on the merits at trial, and (2) the ‘interim harm' to that party if an injunction is denied is greater than ‘the [interim] harm the [opposing party] is likely to suffer if t...

Excerpt: ...ntiff's Motion to Compel further Deposition of HMA's Person Most Knowledgeable: a. Paragraph 4 – 1:19, 20 – 3:6 b. Paragraph 5 – 3:7 -8 c. Paragraph 6 – 3:9 -10 d. Exhibit P e. Exhibit Q 3. ROA# 488, Plaintiff's Amended Motion for Terminating Sanctions or Alternatively, f or Issue and/or Evidentiary Sanctions a. Page 1:15 -16, 19 -27 b. Page 2:2 -8 c. Page 2, fn. 3 d. Page 6, 13 -14, 16 -24, 26 -28 e. Page 7: 1 -2 4. ROA# 486, Amended Dec...

Excerpt: ...ly found tha t defendant Cutler is subject to the Page 5 of 21 Court's personal jurisdiction in its November 17, 2023 Minute Order and that Defendant has not met his burden for reconsideration. A motion for reconsideration must be filed within 10 days of service of n otice of entry of the order in question. (Code Civ. Proc., § 1008(a).) However, “the trial court retains the inherent authority to change its decision at any time prior to the en...

Excerpt: ...ust be such that the mo ving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Sup.Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212 -213.) The party seeking reconsideration must also provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690; C...

Excerpt: ...tiary objections to the De claration of Robert Dale Beaver are OVERRULED. Plaintiff's request for judicial notice of Orange County Ordinance 2183 and the Court's 04 -0722 minute order is GRANTED. (Evid. Code, § 452(b), (d).) Steven and Robert purchased the Pine Place property in 1 988 as joint tenants. Steven subsequently moved out in 1989 or 1990. Robert claims that in 1992, he and Steven agreed that Steven would grant Robert his entire interes...

Excerpt: ...party desiri ng to obtain discovery by a second physical examination or mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310(a).) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2032.310(b).) The Court “shal l” grant the motion only upon a showing of good cause. (Code Civ. Proc. §2032.320(a).) The within action arises from an auto accident that occurred on 8/20/20. The complaint w...

Excerpt: ...re, the motion is d enied, without prejudice, for the same reasons as set forth in the Court's March 7, 2024 and March 28, 2024 Minute Orders on Defendants' motion to deem the truth of the matters in Request for Admissions, Set One, admitted and motion to compel responses to Demand for Production of Documents, Set One. (See ROAs 90 and 94.) On June 21, 2023, Defendants served written discovery by mail on Plaintiff, including the instant Form Inte...

Excerpt: ...int that con tinues to include these two causes of action. It again alleges these causes are against “all” defendants. The striking of these causes of action may not be the most efficient remedy here. The motion to strike is DENIED without prejudice. Demurrer to Se cond Amended Complaint (Champion) Defendant Champion Construction Services, Inc., filed a demurrer to the second amended complaint. The demurrer is SUSTAINED without leave as to t...

Excerpt: ...sponded 7/26/2023. Pl aintiff filed Page 7 of 21 this Motion to Compel Further Responses to RPDS on 8/23/2023. The Court notes that in recent years, an astounding number of cases have been filed against Defendant Volkswagen Group of America, Inc. in OCSC. These cases involve a tremendous amount of time and resources for the Court, its staff, and research attorneys. For example, in this case, Plaintiff's motion includes a 195 page separate state...

Excerpt: ...hin 15 days. Demurrer Movin g Defendants demur to the fifth and sixth causes of action in the complaint on the ground said causes of action fail to state a claim and are uncertain. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long -settle d rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We a...