Excerpt: ...ms of the family trust and he should be protected from a dispute among family members as to entitlement to the lease payments. This lawsuit was filed on 2/5/20. Oliveira was not named as a defendant until the filing of the second amended complaint in November of 2020. This is Oliveira's first demurrer. A trial date has not been set. It appears to the court that how lease payments are to be paid during the pendency of this lawsuit is a matter that...

Excerpt: ...v Bales (1990) 221 Cal.App.3d 227, 230.) Cross-complainants argue the public policy protecting a lawyer from a lawsuit by the opposing party does not exist once the lawyer has been sued by the client and where participation in a fraud in the inducement claim has been alleged. However, cross-complainants have failed to cite to persuasive authority to support this argument. Little's duty and undivided loyalty were to plaintiff. As noted in the repl...

Excerpt: ...iff's expert found that the examination of decedent after he returned to the jail from court in a restraint chair ( after having been found guilty by the jury and acting out in court) was negligent. The expert found that NaphCare's employee's failure to review plaintiff's mental health records maintained by NaphCare in its computer system would have alerted the employee to the fact that decedent was not telling her the truth when he denied a past...

Excerpt: ...filed in this matter on 11/24/20) or the opposition ( filed late on 12/31/20). At the hearing on the motion on 1/6/21, the court was informed the parties “had come to an agreement.” At the hearing on 3/17/21 plaintiff counsel represented they were still awaiting signed documents from the defendant. No additional pleadings have been filed. The court assumes the reply was filed by mistake. It appears that the parties have resolved this motion. ...

Excerpt: ...ation was not given. The failure to give the notice made the notice void. (Civil Code 1946.2 (d) (4) [An owner's failure to strictly comply with this subdivision shall render the notice of termination void]. The absence of a notice of termination is not a defect in the complaint that can be cured by amendment. (Berkowitz v Palm Springs La Quinta Development Co (1940) 37 Cal.App.2d 249, 251 [It is thoroughly settled that plaintiff's cause of actio...

Excerpt: ...loud v Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The motion for judgment on the pleadings may rely on discovery admissions by the opposing party, but only if they are clear and unambiguously inconsistent with the allegations of the complaint. (Del E. Webb Corp v Structural Materials Co (1981) 123 Cal.App.3d 593, 604.) The responses attached to the declaration of defendant counsel consist of checks from plaintiff to defendant in a su...

Excerpt: ... given the fact that a summary judgment has already been filed and trial is set to commence on July 19, 2021. The undue delay in seeking to add causes of action under the FEHA are noted. The plaintiff's original complaint filed on 8/26/19 contained a cause of action for disability discrimination and harassment under the FEHA. The last date of employment was alleged therein as August 14, 2018. The First Amended Complaint filed on October 4, 2019, ...

Excerpt: ...selecting a continued hearing date. The tentative ruling on the future continued hearing is set forth below. In a supplemental brief, defendants requested that the court take judicial notice of verified discovery responses from plaintiff. Defendants contend that plaintiff received the trust documents within two months of her husband's death, so that the one year statute of limitations set forth in Code of Civil Procedure section 366.3 applies to ...

Excerpt: ...ies' father that Mark would sell to Randy after the estate was finalized and distributed by order of the court in a probate case. The complaint sought to enforce the agreement through breach of contract, specific performance, and breach of implied covenants of good faith and fair dealing. Mark's answer contained 28 affirmative defenses (including breach of contract by Randy, fraud, mistake of fact, mutual mistake, unilateral mistake). Mark's cros...

Excerpt: ... the court finds that the reduction of duplicate costs of litigation and discovery, and the need to avoid inconsistent results, supports the stay of the PAGA claims (which appear to be based on the same or similar employment practices to be litigated in the arbitration proceeding). ...

Excerpt: ...ed. Plaintiff admitted at her deposition that before her purchase of the subject vehicle on May 29, 2017, she did not see or hear any marketing materials from GM, she did not ever communicate with GM concerning any transmission issues, and she did not believe that GM ever concealed any information from her, lied to her, or misrepresented anything to her. (UMF 10, 1, 15, 17). A cause of action for negligent misrepresentation requires a positive as...

Excerpt: ...12.4, subd. (c), the board has 45 days to act on the claim. If the board does not act on the claim, the claim is deemed rejected. Under Government Code § 945.6 (a)(2), if notice of rejection is not given, a plaintiff has two years from accrual of the cause of action to sue. The original complaint herein was filed on October 2, 2020, a date less than two years from accrual of the cause of action. Because facts were alleged in the FAC asserting th...

Excerpt: ...rth Amendment to the trust, which is contrary to defendants' interpretation. (Estate of Williams (2007) 155 Cal.App.4th 197, 215 [In construing the writing, the court looked not only at the four corners of the document but also considered extrinsic evidence. “If the prerequisite testamentary intent does not appear from the face of the instrument itself,” the court wrote, “reference may be made to the circumstances of its execution, and the ...

Excerpt: ...Cal.4th 1, 12.) Any fraud or perjury alleged to have taken place within a civil suit may be addressed through jury instructions, or by other measures. (Id. at 11-13.) Defendant's motion to compel plaintiff's deposition; Plaintiff's motion to quash or modify plaintiff's deposition The court intends to set the deposition of plaintiff. The parties shall be prepared to discuss dates and whether the deposition will be by zoom, or some other means nece...

Excerpt: ..., 61-64) Plaintiff was following GPS map information on his cell phone. (UMF 11, 12.) As plaintiff was driving, he was looking from his cell phone in his left hand to the road. (UMF 11) Plaintiff was driving too fast for conditions. (UMF 13) Plaintiff did not successfully navigate a 90 degree turn in the private road, left the roadway and hit the tank. (UMF 13.) Plaintiff has sued defendants for liability based on negligence and premises liabilit...

Excerpt: ...s have not filed a motion to amend to date. (CRC 3.1324 [motion to amend requirements].) The plaintiff's failure to have insurance (if true) would also impact relevant discovery. (Civil Code §3333.4.) At present, however, the court is not in a position to find plaintiff's discovery outside the scope of proper discovery. (CCP §2017.010.) Alfred Perez has served verified responses before the hearing in substantial compliance. The motion to deem r...

Excerpt: ... insignificant, risk of injury when the property is used with due care in the manner in which it is reasonably foreseeable it will be used. Government Code §830.2 states a condition is not dangerous if the court after review of all the evidence most favorable to plaintiff determines as a matter of law that the condition was of such a minor or insignificant nature that no reasonable person would conclude it created a substantial risk of injury. T...

Excerpt: ...urity for the loan. The court is unable to determine from the pleadings if defendant lender participated in this fraud. The court is of the opinion that the merits of this motion to expunge lis pendens cannot be resolved without oral testimony. It is apparent that plaintiff was kept in ignorance about the foreclosure action and was even induced to pay over $27,000 in property taxes after the property had been lost in foreclosure. The defendant le...

Excerpt: ...arches in the presence of the 40 inmates and the defendants. (¶¶ 37, 40, 70.) It was alleged that these searches were only conducted when there was a transgender inmate present. (¶28) Specific intent to violate plaintiff's well established constitutional rights was alleged. (¶35, 39, 41, 42.) The strip searches made plaintiff a target for sexual violence and signaled to others that she could be sexually harassed without consequence. (¶34, 35...

Excerpt: ...nd considers itself a third party beneficiary of the agreement between the plaintiff and the Franchisee. The fact that the complaint names Denny's Inc as a defendant, but the agreement is not signed by a representative of Denny's Inc, does not preclude court resolution of the franchisee's motion to compel arbitration. (Boucher v Alliance Title Co (2005) 127 Cal.App.4 th 262, 271-273 [a nonsignatory of an arbitration agreement may compel its terms...

Excerpt: ...e documents are to be identified by the last four numbers of the employee's social security number (or other mutually agreed “unique qualifier.”) The parties are also to enter into a protective order to provide further confidentiality to these records. The court does not find merit to defendant's objection that this precertification discovery is premature. Defendant argues that this discovery should not be permitted until the conclusion of th...

Excerpt: ...ivery (or downloaded on a thumb drive and physically delivered to plaintiff counsel) at least 24 hours before the deposition is scheduled to commence. The documents are to be identified as responding to the specific category of document requested in the notice of deposition (## 1-48.). The parties shall be prepared to designate potential deposition dates at the hearing on the motion. The court intends to specify a deposition date at the hearing. ...

Excerpt: ...ions of law and fact that are common to the class. (Beckstead v Superior Court (1971) 21 Cal.App.3d 780, 784.) If there is a reasonable possibility the plaintiffs can plead a prima facie community of interest among class members, the preferred course is to defer decision on the propriety of the class action until an evidentiary hearing has been held on the appropriateness of class litigation. (Tucker v Pacific Bell Mobile Services (2012) 208 Cal ...

Excerpt: ...ion for reconsideration was served by mail on petitioner on July 16, 2019 (Complaint ¶14.) The petition for writ of administrative mandamus was filed in this court on July 8, 2020. The demurrer is on the grounds that this writ petition is time barred under that part of Government Code section 19630 that provides, “Any petition for a writ challenging a decision of the board shall be filed within six months of the date of the final decision of t...

Excerpt: ...the privacy rights of its personnel and to deter any others from surreptitiously recording confidential conversations with personnel in the future. This purpose could have been achieved by handing over the prosecution of a potential violation of Penal Code §632 to the District Attorney. Attorney fees under CCP §12021.5 will only be awarded when private enforcement was necessary and public enforcement was not sufficiently available. (Collins v C...