Excerpt: ...evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken....

Excerpt: ...uit occurre d in Wyoming (Compl. ¶¶ 6, 8– 9); Plaintiff's claims are not time -barred in Wyoming;1 and all Defendants are subject to and have agreed to submit to jurisdiction in Wyoming regarding this lawsuit. (Razavi Decl. ¶ 3; Hahn v. Diaz - Barba (2011) 194 Cal.App.4th 1177, 1190 [“It is well settled under California law that the moving parties satisfy their burden on the threshold suitability issue by stipulating to submit to the juris...

Excerpt: ...enied. Defen dant shall provide further responses and documents within 30 days. Plaintiff's request for sanctions is granted in the reasonable reduced amount of $860 (2 x $400/hr. plus filing fee), to be paid within 30 days. EVIDENTIARY OBJECTIONS Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, lack of personal knowledge, misstatement of evidence, etc. Plaintiff's obj...

Excerpt: ...ay bring a motion to compel further responses to requests for production of documents, if it finds the responses evasive, incomplete, or an objection to a request is made without merit or is too general. CCP § 2031.310(a). A party bringing a motion to compel further respons es to requests for production of documents must engage in a good faith meet and confer attempt before bringing a motion. CCP § 2031.310(b)(1). A meet and confer requires a ...

Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. However, AVI did not inspect the property. Instea...

Excerpt: ...alifornia (“OCTCSC”) pr ovided BOBS with escrow and title services and BOBS required title insurance through Plaintiff Real Advantage Title Insurance Company (“RATIC”) (collectively “Plaintiffs”). Barker executed an Indemnity Agreement both on behalf of Sunniva, and Barker indiv idually (“2018 Indemnity Agreement”). In 2019, BOBS agreed to loan Sunniva an additional $6 million, and Barker executed an additional indemnity agreement...

Excerpt: ...ge Property Fund 2 016, LLC (“Breckenridge”) and Sam Chandra (“Chandra”) (collectively, “Defendants”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on November 27, 2023. The FAC set forth eleven causes of action: (1) Violation of HBOR – Dual Tr acking (against RMF); (2) Breach of Contract (against Breckenridge); (3) Gross Negligence (against Breckenridge); (4) Intentional Misrepresentation (against...

Excerpt: ... Santos Guillen Martinez (“Plaintiff”) alleges that on March 6, 2018, he was involved in an automobile collision caused solely by the negligence of third- party Javier Legaspi (“Legaspi”). (Complaint, ¶ 12.) As a result, Plaintiff suffered injuries totaling at least $242,315 as of November 2018. (Id., ¶ 18.) Legaspi's liability insurer, Kemper Insurance, paid the $15,000 policy limit for Plaintiff's injuries, which was insufficient to c...

Excerpt: ...enhower Medical Center continued to treat Plaintiff and eventually discharged him with a dislocated hip. Plaintiff returned the day after discharge where he was diagnosed with the dislocation of his hip. Defendant Sinha performed another hip surgery, where he notic ed a new fracture along his femur, requiring additional cabling to secure the fracture. Plaintiff now has a leg length discrepancy that continues with pain. Plaintiff's husband, Plaint...

Excerpt: ...1) 91 Cal.App.4th 875, 881.) “It is not sufficient that the complaint might be barred.” (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324.) Fraud is subject to a 3 -year statute of limitations from the date of discovery. (C.C.P., §338(d).) “The discovery rule provides that the accrual date of a cause of action is delayed until the plaintiff is aware of her injury and its negligent cause.” (Jolly v. Eli Lilly & Co. (1988) 44 ...

Excerpt: ...t Centers, I nc. For its part, Banning RV claims that Horgan had misappropriated funds. In the cross- complaint, Horgan alleges that, in the wake of lay -offs during the COVID -19 pandemic, he was given monthly bonuses as compensation for the additional work he was being required to do. In his crosscomplaint Horgan alleges causes of action for intentional misrepresentation, negligent misrepresentation, breach of contract, unjust enrichment, and p...

Excerpt: ...ed a ne w 2022 Ford F-150 from Fritts Ford. (Complaint, ¶ 13.) Plaintiffs allege that, the subject vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty includi ng, “screen blacking out, the speakers not working, a crackling noise coming from the passenger speakers, the Vehicle veering side to side when in cruise control, the rear axle hub br...

Excerpt: ...��), suffers from Brake Defects ("Defects"), and that GM has been unable to repair the Subject Vehicle within a reasonable number of attempts. Plaintiffs further allege that GM knew that the Subject Vehicle suffered from these Defects and knew that it lacked any ability to repair them y et failed to disclose these facts to Plaintiffs at the time of sale, repair, or thereafter. GM thus willfully violated the Song -Beverly Consumer Warranty...

Excerpt: ... objections are without merit or too general. In a motion to compel further responses as to document requests, the moving party must state specific facts demonstrating good cause justifying the discovery sought. (CCP §2031.310(b)(1).) To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause...

Excerpt: ...ime to defend the action and a default or default judgment has been entered against him or her in the action...” (C.C.P. § 473.5(a).) “This section is designed to provide relief where there has been proper service of summons (e.g., by substitute service or by publication) but defendant nevertheless did not find out about the action in time to defend.” (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2022) ¶ 5:420, p. 5 -1222...

Excerpt: ...s (l992) 4 Cal.App. 4th 238, 244.) “Allowable costs shall be reasonable in amount.” (CCP §1033.5(c)(3).) The court may allow or deny costs not mentioned in CCP § 1033.5. (CCP §1033.5(c)(4).) A “properly verified memorandum of costs is considered prima facie evidence that the costs listed in the memorandum were necessarily incurred.” (Bach v. Cnty. of Butte (1989) 215 Cal.App.3d 294, 308; see CRC Rule 3.1700(a)(1) [“The memorandum of...

Excerpt: ...oice”), and Anschutz Entertainment Group, Inc. (“AEG”) for: (1) negligence (against all Defendants); (2) strict liability (against Palma only), and (3) premises liability (against Goldenvoice and AEG). Plaintiff alleges that on April 23, 2022, while attending the Coachella Va l ley Music and Arts Festival (“Coachella”), located at 81 -800 Avenue 51, Indio, California (the “Premises”), Plaintiff was bit by a dog brought onto the Prem...

Excerpt: ...y various judgment debtors in this case as means to avoid judgment creditors from reaching those assets to satisfy a prior judgment entered in favor of creditors in a separate lawsuit. On 4/14/23, this Court entered a judgment in favor of Plaintiffs to set aside the fraudulent transfers of real properties and awarding monetary awards in various amounts, jointly and severally, against the judgment debtors. The instant application seeks an order au...

Excerpt: ...as issued b ased on void orders, it would be an abuse of discretion if the Judgment is not voided, set aside and vacated. To the extent the above judgment was based on void orders issued on June 2, 2023 and January 30, 2024 against Pang, and void default and default j udgment orders issued against Legendary and R&D on April 28, 2023, May 8, 2023, and June 9, 2023, there is no basis to enter Judgment based on void orders. Trial Setting Conference ...

Excerpt: ...e the motio n is denied, except that in either case, responding party is ordered to pay attorney's fees and costs to moving party in the amount of $510.00 within 30 days of service of notice. (Code Civ. Proc., §§ 2023.010, 2033.280.) Prevailing party is ordered to gi ve notice pursuant to Code of Civil Procedure section 1019.5. On September 27, 2023, Plaintiff Immigration Rights Defense Council, LLC (“Plaintiff”) filed a Complaint against ...

Excerpt: ...ll 4/19/24 discovery motions: Plaintiffs purchased a 2022 GMC Sierra 1500 Limited, manufactured by General Motors, LLC (“GM”). They contend the vehicle has defects and nonconformities. They contend that they brought the vehicle to Dutton Motor Company (“Dutton”) nu merous times and it failed to properly repair the vehicle, failed to tow the vehicle to its facility, and failed to provide Plaintiffs with a loaner vehicle. The complaint asse...

Excerpt: ...Amended Comp laint (FAC) for negligence that after Riverside County sheriff deputies arrived at the scene of a murder, they dragged decedent's body behind a police vehicle, and in the process of dragging the body, decedent's pants slid down, exposing his genitals. Plai ntiff alleges that decedent's body lay with the genitals exposed for eight hours while the deputies and other law enforcement personnel continued to investigate the shooting. Plain...

Excerpt: ...��led must file a cross-complaint before or at the same time as the answer to the complaint or cross -complaint filed against him. (Code Civ. Proc., §428.50(a).) Thereafter, it may only be done by permission of the court. (Code Civ Proc., §428.50(c).) A cross- complaint is either permissive or compulsory. (See K.R.L. Partnership v. Superior Court (2004) 120 Cal.App.4th 490, 498.) Code of Civil Procedure section 428.10, subdivision (a) provide...

Excerpt: ... -425.) The County a ssessed the property value as $35,099,925, but Plaintiffs asserted that the value declined to $18,495,000. (AR 423.) A hearing occurred before the Appeals Board on 8/25/21. (AR 46 -187.) On 12/20/21, the Board issued its notice o f d eci si o n . ( AR 16) . O n 2/17/22, the Board issued a final findings of fact. (AR 1 -15.) Pl a i n t i ffs' exp er t , Ben F. Tunnell, III of BTI Appraisal, used both a cost approach and sale...

Excerpt: ...“IIED”); 6th Caus e of Action for Violation of the Ralph Act [California Civil Code §51.7]; and 7th Cause of Action for Gender Violence in Violation of California Civil Code § 52.4 “[A]n employer is vicariously liable for the torts of its employees committed within the sco pe of the employment.” (Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296 (Lisa M.).) An employer's vicarious liability may extend to an empl...