Excerpt: ...ess of the complaint; and for purposes of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966 -967.) However, the Court does “not accept as true co ntentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California ...

Excerpt: ...or file a new memorandum of costs in compliance with rule 3.1700 of the Rules of Court. Case Summary This is limited collections matter. Plaintiff filed a judicial council form complaint on July 25, 2023, alleging causes for (1) breach of contract (written); (2) breach of contract (implied in fact); (3) -(4) common counts (money lent, paid and expended for defendant); and (5) -(6) common counts (open book & account stated). The complaint seeks ...

Excerpt: ... to amend. Case S ummary This is a breach of contract, business dispute. The Plaintiff is the trustee of his father's trust and brings the suit in that capacity. His father is deceased but is alleged to have been a medical practitioner who owned a clinic. He alleges that, a fter his father passed on July 5, 2021, he acted in his capacity as trustee to try and sell the clinic to Defendant Best Health. Defendants Correa and Gutierrez were ostensibl...

Excerpt: ...t”) which represented tha t the vehicle had not been in any accidents and had no existing mechanical issues. Moss answered on December 20, 2022. Defendant FCA US, LLC answered on February 1, 2023. At the Trial Setting Conference on February 21, 2023, the parties, upon no objectio n, were ordered to mediation, to be completed by January 23, 2025. Both sides have engaged in the discovery process. Plaintiff filed four Motions to Compel Further Re...

Excerpt: ..., 2021, Plaintiff checked himself in to Defendant's facility located at 239 West 9th Street, Upland California 91786 (the Facility). At the time he checked in, Plaintiff had an undiagnosed perforated ulcer, which rapidly became worse during his residency at the Facility. Plaintiff's condition became so painful and incapacitating that he was unable to provide for his own basic needs, including seeking medical care. Despite numerous pleas for help ...

Excerpt: ...tract with Defendant in which Plaintiff agreed to provide storage and maintenance service for Defendant's aircraft —a Boeing 737 -300. Pursuant to the contract, Plaintiff has performed maintenance and stored the aircraft (and is still storing it in San Bernardino). Although Defendant has incurred charges of $124,498.07 for the maintenance and storage fees, it has only paid Plaintiff $4,403.31. That single payment was made on September 13, 2021....

Excerpt: ...sues must be admitted or denied, and any remaining questions could easily be answered or given more explanation under the discovery process. Thus, this pleading is not subject to a special demurrer. First (Negligence – Premises Liability/Failure to Warn – Negligen ce Per Se) and Second Causes of Action (Nuisance) In attacking the nuisance cause of action, Defendant argues (1) it is duplicative of the negligence cause of action and (2) nuisanc...

Excerpt: ... she was ini tially disciplined for not reporting the accident and injury. She eventually took time off and then came back with medical restrictions. She asserts that she was sent home and told she would not be allowed to return until she was free from all restrictions . On April 12, 2022, Plaintiff asserts she presented a doctor's note, lifting the restrictions, but that Defendants would not accept it since it was not authored by her treating ph...

Excerpt: ...0 days leave to amend. Alami then filed the operative first amended complaint (“FAC”) consisting of a form complaint with attachments on October 3, 2023 alleging the same causes of action. Plaintiff alleges that on or about July 14, 2022, an oral contract with “subsequent written confirmation and/or text message agreement” was made between defendants Adebola, Toyin, and Prado. (FAC. p. 3, ¶ PC -1; Attachment BC -1, ¶ 1.) Plaintiff al...

Excerpt: ...d by Concealment against defendants Louie Atilano, Yvonne Atilano, Atilano, Inc. (hereinafter collectively, “Atilano” or “the Sellers”), Nancy “Nancee” Herrera, Natalie Brewer, and RMA/Realty Masters & Associates (hereinafter “RMA”). On November 9, 2023, Plaintiffs fi led the operative First Amended Complaint (hereinafter “FAC”). In the FAC, they allege the following nine causes of action: (1) Breach of Contract, (2) Breach o...

Excerpt: ...lighting, an d mechanical systems. Despite being covered by express and implied warranties, the vehicle's manufacturer (Defendant) was unable to fix the vehicle, despite a reasonable number of attempts. Defendant also allegedly failed to replace the vehicle or make res titution. As a result, Plaintiff filed the instant suit against Defendant on May 2, 2022, for (1) violation of Section 1793.2 of the Song Beverly Consumer Warranty Act (Act), whi...

Excerpt: ...objection #1 but SUSTAIN objection #2 (Lab. Code, §6304.5). Plaintiffs Navarro object to (1) Way's Declaration, entirely, because states in support of Opposition to RND's MSJ, (2) Dunn's Deposition at 13:7 -28, 14:2 -7, 15:13- 24, 16:26- 17:4, & 23:3- 5 Page | 5 becaus e not cited in the Separate Statement, and (3) Dunn's Deposition at 13:7 -28 because irrelevant: OVERRULE. Analysis Initially, Plaintiff Muro argues the Separate Statement is defe...

Excerpt: ...ovides in pertinent pa rt, Notwithstanding any other law, including Code of Civil Procedure section 583.310, for all civil actions filed on or before April 6, 2020, the time in which to bring the action to trial is extended by six months for a total time of five years and six m onths. This rule will sunset on June 30, 2022, unless otherwise amended or repealed by the Judicial Council. This sunset does not nullify the effect of the extension of ...

Excerpt: ...der Code of Ci vil Procedure section 473 for an order permitting the filing of the proposed SAC attached as Exhibit 1 to the Motion. The Motion lists amendments to the FAC including additional general allegations, the addition of a primary residence allegation under the HBOR Page | 2 claim, removal of the one action rule allegations, identification of the “rights of Mrs. Reece” for the wrongful foreclosure claim, amendments to the slander o...

Excerpt: ...nor, Ltd dba Braswells Yucaipa Leisure Manor (esa Braswell Leisure Manor) [“Braswell”]. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. Defendant Braswell moves to compel arbitration and stay the action under the...

Excerpt: ...) (operative pleading) against the County and Anderson (“Defendants”). Plaintiffs allege the following: Brad Wicks is the sole owner of Wicks Brewing. (FAC ¶8.) On March 31, 2022, Ryan Wicks, who is Brad Wicks' son and an employee of Wicks Brewing, was involved in a collision. As the result of the collision, Ryan was arrested and charged with an alcohol -related homicide. The District Attorney issued a press release incorrectly identifying R...

Excerpt: ...nd awarded attorney's fees in the amount of $139,566.90. A Notice of Entry of Judgment was filed on July 5, 2022. On January 2, 2024, the judgment for Defendant Lennar Communities was reversed/ remitted. On remand, among other things, the trial court was to decide the computation of damages anew and Casa Verde was entitled to recover its appeal costs pursuant to California Rules of Court, rule 8.278, subdivision (a)(1). On January 9, 2024, Casa ...

Excerpt: ....App.4th 116, 12 6; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has “broad discretion in making this determination.” (In re Microsoft I- V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include “the streng th of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the a...

Excerpt: ...llowing the deat h of the original plaintiff, a Second Amended Complaint (SAC) was filed on January 11, 2023, to substitute in Plaintiff Santos. The operative SAC alleges violations related to (1) meal periods; (2) rest breaks; (3) overtime wages; 3Counsel must provide a f ull lodestar analysis in the motion for final approval. 4Costs must be documented. The court does not award costs for LEXIS or Westlaw usage (which are considered items of ov...

Excerpt: ...z), Lorena Arias -Aguilar (Aries -Aguilar, esa Lorena Aguilar), and Tracy Miller (Miller). The operative first amended complaint (FAC) alleges causes of action for (1) negligence against all; (2) negligent hiring, supervision, and retention against Cucamonga District, Superintendent, and Central District (collectively, District Defendants); (3) assault by Minor against Hernandez; (4) battery by Minor against Hernandez; (5) violation of Civil Cod...

Excerpt: ... attorney's fees pursuant to Code Civ. Proc. § 425.16(c). Plaintiff seeks fees in the amount of $21,600.00 and costs in the amount of $736.71. Defendant/Cross -Complainant opp oses the motion. Plaintiff/Cross -Defendant replies. Anti -SLAPP Attorneys' Fees Discussion Code Civ. Proc. § 425.16(c) states that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs ”. “Atto...

Excerpt: ...solidated the matte rs. The operative claims are for violations relating to (1) overtime; (2) meal periods; (3) rest breaks; (4) minimum wages; (5) final pay; (6) wage timeliness; (7) wage statements; (8) payroll records; (9) reimbursements; as well as (10) violations of the unfair competition law; and (11) civil penalties pursuant to PAGA. Per the terms of the currently proposed settlement, Plaintiffs would represent all of Defendant's current ...

Excerpt: ...oduction of Documents, Set No. Three Plaintiffs Roland Schuh, Michaelann Ingraham, Dustin Ingraham, Shenghao He, Leticia Urbina, Yaquelin Flores, Mario Juarez, and Alberto Marquez (“Plaintiffs”) Defendant California D epartment of Transportation (“DOT”) __________ Before the Court are three (3) discovery motions filed by the Plaintiffs against DOT. The Court has reviewed and considered the voluminous moving papers, Oppositions and Replie...

Excerpt: ...red. As such , they brought a petition to release the lien on or about May 13, 2021. Defendant answered on November 19, 2021. Relevant here, Plaintiffs moved for judgment on the pleadings due to the answer being unverified. The Court granted that motion on S eptember 12 , 2023, with thirty (30) days of leave to amend. More than thirty (30) days passed with no amended answer and this motion followed. However, upon leave of the Court, a verified ...

Excerpt: ...ing a 2 012 Freightliner Tractor and 2015 Vanguard Trailer at the same time. Singh ultimately collided with other vehicles stopped on the roadway (themselves involved in an accident) and his trailer detached as a result. That trailer struck Du causing him injuries . Du then commenced suit against Singh and A&A on February 22, 2021, for negligence. On September 20, 2021, Singh and A&A filed a Cross -Complaint against William Fink, Barbara Radowit...