Excerpt: ...796 n.4.) The elements of NIED are: (1) legal duty to use due care; (2) breach of such duty: (3) damages and injury; (4) cause of the resulting damage or injury. (Huggins v. Longs Drug Store (1993) 6 Cal. 4th 124, 129.) Negligent infliction of emotional distress is divided into two claims, direct victim claims or bystander claims. (Smith v. Pust (1993) 19 Cal.App.4th 263, 273.) “[A] plaintiff may recover damages for emotional distress caused b...

Excerpt: ...mitted to th e Court as Exhibit 1 to the Edelstein declaration of February 29, 2024. On July 20, 2023 Defendant Apollo was named as Doe 1 in the action filed by Desert Concepts Construction, Inc. It was defaulted on September 7, 2023. Default was entered based on the r epresentation that Apollo was properly served. The proof of service that Desert Concepts filed states that the First Amended Complaint was personally served on Apollo Venture's A...

Excerpt: ...ilure to provide rea sonable accommodations in violation of FEHA; (4) retaliation in violation of FEHA; (5) failure to prevent retaliation and/or harassment in violation of FEHA; (6) whistleblower retaliation; (7) wrongful termination in violation of public policy; (8) constru ctive discharge; (9) failure to indemnify; and (10) unfair business practices. In the Complaint, Plaintiff alleges that in 2004, she was hired by Defendant as an administra...

Excerpt: ...brough t an action for negligence and premises liability against the alleged grocery store owner and the supplier of shopping carts. Plaintiff alleges that, on April 5, 2021, when Plaintiff was less than one year of age, his mother, Cecilia Sanchez took him into the Food4Less grocery store owned and operated by Defendant Gongco Foods and placed Plaintiff inside a shopping cart while still in his car seat. (Complaint, ¶ 8.) However, the shopping ...

Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...

Excerpt: ...ation against Defendant GM alle ging causes of action for: (1) Violation of CC § 1793.2(d); (2) Violation of CC § 1793.2(b); (3) Violation of CC § 1793.2(a)(3); (4) Breach of Express Written Warranty, CC §§ 1791.2(a), 1794; and (5) Breach of the Implied Warranty of Merchantability, CC §§ 1791.1; 1794. * * * Plaintiff now moves to compel Defendant GM to designate and produce for deposition the Person Most Qualified (“PMQ”) on all categ...

Excerpt: ... the Subject Vehicle. Plaintiff alleges that during the warranty period, the Subject Vehicle developed several defects and nonconformities to warranty, which Defendant was unable to repair after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle in violation of the Song Beverly Consumer Warranties Act (“Song Beverly Act”). On August 22, 2023, Plaintiff filed a Complaint, alleging (1) B...

Excerpt: ... 3 and 5. Plaintiff granted leave to file Third Amended Complaint fixing only prayer for damages section within 5 days of this order becoming final. Page 2 of 14 Defendants to file their answer within 20 days of this order becoming final. Moving party Defendan t Haier US Appliances to provide notice pursuant to CCP 1019.5. Janice Ciletti (“Plaintiff”) initiated this products liability action. Plaintiff alleges that on December 27, 2018, ...

Excerpt: ... appears that conduct that occurred before Plaintiff filed for bankruptcy can make her a borrower under Civil Code § 2920.5(c). See Morris v. JPMorgan Chase Bank, N.A. (2022) 78 Cal.App.5th 279, 297- 299. First Cause of Action for Violation of Civil Code § 2923.5 (A)( 2). This section requires a mortgage servicer to contact a borrower to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure before...

Excerpt: ...ose cross -co mplainants in an effort to achieve restraints of health care providers' professions, trades, and business by virtue of cross - defendants' Exclusivity Contracts.” Paragraph 24 allegations ““Those threats have included threats of entangling competitors in lit igation, with cease and desist letters, including threats of injunctions, to deter competitors from contracting with health care providers who were induced to sign cross -...

Excerpt: ...obert L. Firt h, HH Care, LLC dba Heaven Heights Senior Care, Heaven Heights Senior Care, and Jacqueline Hawk (together “Defendants”) asserting causes of action for: (1) wage theft in violation of Labor Code §§ 1194 and 1454; (2) failure to pay minimum wage in violation of Labor Code §§ 1194 and 1197; (3) breach of written contract; (4) violation of Labor Code § 1194.2; (5) violation of Labor Code §§ 201 and 203; (6) violation of Bus. ...

Excerpt: ... counsel at the hearing on this motion. Factual and procedural background: On 5/1/23, pedestrian, Pla Khang (“decedent”), was struck by Defendant Gabriel Guzman, during his employment with Defendant Rancho Ready Mix and died shortly after the collision. On 6/23/23, Plaintiffs, decedents children and step -children, filed their initial Complaint against the Defendants for Wrongful Death and Survival Damages. Plaintiff Pang Yang, seventy -four...

Excerpt: ... of the Second Amended Cross- Complaint is sustained with 20 days leave to amend. Page 6 of 11 Plaintiff/Cross -Defendant Robert Marquez's Demurrer as to the seventh (breach of fiduciary duty) and eighth (unfair business practices) causes of action of the Second Amended Cr oss-Complaint is overruled. Plaintiff/Cross - Defendant's Unopposed Motion to Strike is granted. A general demurrer lies where the pleading does not state facts sufficient to ...

Excerpt: ... the pandemi c, Decedent Raul Galindo (“Decedent”) was a healthy 40 -year - old who presented to Defendant Corona Regional Medical Center (“Medical Center”) with symptoms of COVID -19. Instead of being prescribed a safe, low -risk “standard treatment” for COVID, Decedent wa s sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not informed about the low -r...

Excerpt: ...ng Veva' s direct care ne eds (Complaint ¶ 9). Plaintiff alleges that Rod interviewed and hired Plaintiff to care for Veva on 9/23/16 and that Defendant at some unspecified time thereafter promised to provide Plaintiff with free room and board and to pay the Plaintiff a salary in an unspecified amount to care for Veva. (Complaint ¶¶ 10 & 17); Plaintiff alleges Defendant had no intention of fulfilling that promise, and made the promise t...

Excerpt: ...eclaration which complies with CRC Rule 3.1324. Plaintiff filed a declaration on 3/11/24. Problematically, as with the prior declarations and as pointed out by Defendants in their 3/20/24 and 3/24/24 oppositions, it still does not comply with CRC Rule 3.1324 as the decl aration does not discuss when the facts were discovered, why its necessary/proper and why the amendment was not made earlier. In addition, the proposed FAC attached to the curren...

Excerpt: ...us injuries as a resul t of the collision. On September 25, 2023, Plaintiff filed his Complaint, which asserts one cause of action for personal injuries. Defendant now moves to strike the prayer for punitive damages and any references in support of the claim for punitive damage s. Defendant argues that the Complaint contains no facts showing malice and the conclusory allegation are insufficient. Defendant argues that he did not intend to cause t...

Excerpt: ...n the campaign. Bennett is a busi ness representative and lawyer for International Brotherhood of Electrical Workers, Local 47 (“Local 47”). Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint on 4/20/22. After the court sustained in part Defendant Local 47's demu r r e r, Plaintiff filed the Second Amended Complaint (“SAC”) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online im...

Excerpt: ... (Cal. Code Civ. Pro. §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials.” (Calcor Space Facility v. Superior Court (1997) 53 Cal. App. 4th 216, 222.) The responding party must respond to each request by either a statement that the party will comply, a representation that the party is...

Excerpt: ...edural C ontext: Plaintiff Zachary Sarmiento, a minor by and through his guardian ad litem Stephanie Winters, alleges that while attending Riverside Unified School District's Martin Luther King High School, another student, Dustin Watts, assaulted him. Plaintiff alleges that the District failed to take appropriate safety and security measures. On 1/17/23, Plaintiff filed his complaint for damages. On 4/21/23, Plaintiff added as doe Defendants D...

Excerpt: ...he Rules of Court, and while the Court could simply deny the motions, the Court's preference is to hear these issues on the merits. Therefore, the Court orders Moving Parties to submit a brief that comports with the Rules of Court no later April 15, 2024. Plaintiff may file an opposition no later than April 23, 2024, and the motion shall be heard on May 1, 2024 at 8:30am. The Court will accept no further briefing. The Court notes there is also ...

Excerpt: ...vehicle accident t hat allegedly occurred on April 9, 2022. It is alleged that Defendants Lopez and Hernandez negligently made a lane change and struck Plaintiff's vehicle causing Plaintiff to sustain damages. On December 20, 2023, Defendants/Cross -Complainants (“Cross -Co mplainants,” for purposes of this motion) filed a Cross - Complaint against Cross -Defendant Charleen Caye Anne Perez (“Cross -Defendant”) alleging causes of action f...

Excerpt: ...case, the Wac hters argue that Defendants should not recover their post -offer expert fees because Defendants' 998 Offer was made jointly to the Wachters, and failed to specify the sum offered to each Plaintiff individually. (Motion, 2:5 -9; 4:20 -22; 5:10- 12.) The Wachter s also argue that, even if the section 998 Offer is deemed valid, a significant portion of the fees should still be stricken or taxed as nonrecoverable, because they were inc...

Excerpt: ...�led its Com plaint on 7/13/22 alleging a single cause of action for subrogation. *** Defendant, Rachelle Stanisci, brings this motion to set aside the default entered against her on 6/16/23, and to vacate the default judgment entered on 12/6/23 so, she can file an ans w e r, a n d defend the action. Defendant asserts that proper service was not made on her as the service address was wrong so, the default judgment is void. (CCP § 473(d).) The m...

Excerpt: ...owing: (1) The org anization of the limited liability company, its internal affairs, and the authority of its members and managers.” This recognizes the internal affairs doctrine, which was originally created in response to corporations. As explained by one court, ‘The int ernal affairs doctrine is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation's internal affairs —m...