Excerpt: ...ant 3") (hereinafter, collectively "Defendants.") Plaintiff alleges five causes of actions: 1) negligence; 2) negligent hiring; 3) intentional infliction of emotional distress; 4) battery; and 5) violation of Ralph Civil Rights Act, Cal. Civ. Code S 51.7. On August 3, 2023, Plaintiff filed a first amended complaint alleging the same causes of action.l No trial date has been set in this case. On June 30, 2023, Plaintiff filed this motion for prefe...

Excerpt: ...ch 27, 2023, Faerber served his Designation of Expert Witnesses listing Richard Lewis Ruffalo, M.D. (Ruffalo), an anesthesiologist and pharmacologist, along with Kevin P. Becker, M.D., another anesthesiologist, both of whom are to testify concerning causation and damages according to the sworn declaration of defense counsel. (Scott Decl„ 96; Exh. 1.) Scott further declares one of the arguments proffered in support of Faerber's motion for summar...

Excerpt: ...m ("Lim") and Heidi Kupferman ("Kupferman"). Defendants oppose and Plaintiffs reply. The two motions are nearly identical and are each supported by the declaration of Plaintiff's attorney Scott K. Johnson ("Johnson"). Johnson declares Plaintiffs issued notices of depsiton on April 19, 2023, for depositions on May 23 and 24, 2023, respectively. (Johnson Decl. re: Lim, '15, Exh. 8; Johnson Decl. re: Kupferman, 95.) Defendants subsequently objected ...

Excerpt: ... it assumed the contract/agreement at issue. (Compl. at "1 7 & 21.) Around October 14, 2015, Mayra Diaz (Diaz), a representative and agent of Suncrest, made an unsolicited visit to Plaintiff's residence, located at 7958 North Maple Ave., Fontana, CA 92336, and she presented the option to purchase/install roof-mounted solar panel systems on his home. (ld. at 15-17.) The conversaton between Diaz and Plaintiff was in Spanish, which is Plaintiff's na...

Excerpt: ...laration of his mechanical engineering expert, Mark Burns. C&L filed separate objections to the declarations with its reply. Objection to the Khorshidi declaration is overruled. Objections 1-3 to the Burns declaration is overruled, but objections 4-7 are sustained based on lack of foundation. Defendant C&L's MSJ Defendant C&L moves for summary judgment on the grounds that: (1) it does not own, lease, occupy, or control the property on which Plain...

Excerpt: ...fic Collision Report, and Offcer Amanda Beeman's deposition testimony. Extrinsic evidence, however, is not properly considered at the pleading stage. The extrinsic evidence here is also presented for the purpose of attacking the pleadings themselves and unrelated to whether Plaintiff was insufficiently diligent in pursuing this motion. Such evidence is more properly presented on summary judgment or at trial. The Court therefore sustains Plaintiff...

Excerpt: ..."). On July 28, 2023, she e-served her responses with the verification dated July 31, 2023. (Ma Decl. at 95, Exhs. E-F.) Finding the objections/responses to (i) Form Interrogatories #1.1, 2.1-2.7, 2.11, & 12.1, (ii) Special Interrogatories #1-2, 5-10, 13-16, & 18-23, and (iii) RFPs #1-8 deficient, Plaintiff Lightking moves to compel further responses. Defendant Zhou opposes in part. Plaintiff Lightking replies. After the motions were filed, Defen...

Excerpt: ...Leisure Manor (esa Braswell Leisure Manor) ["Braswell"l. 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. The Complaint alleges that Ysidra Duarte ("Decedent") began living at Braswell's assisted living facility on Jun...

Excerpt: ...he moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 cal.App.4th 116, 126; 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 (2W5) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, th...

Excerpt: ...amended order. Case Summary This is an action relating to the breach of construction contracts. Plaintiff alleges that it entered into a Master Contractor Agreement (MCA) with Defendant, in which it would provide construction materials at various construction sites. Individual Defendant Theisen allegedly executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement...

Excerpt: ...on administration services; Clark Construction Group of California (Clark) was engaged as Plaintiff's general contractor. On June 1, 2020, the County filed its complaint alleging the following four causes of action against HOK: (1) contractual indemnity; (2) declaratory relief; (3) breach of contract; and, (4) negligence. The County alleges the following: In November 2012, the County and HOK entered -nto a design contract (the Professional Servic...

Excerpt: ...ainer complaint against Defendants Grabowski, Crawford, and Graboswki Brothers Racing (G8R). Defendants CITV and DGM appeared by filing prejudgment claims of right of possession. Generally, Plaintiff alleges that the subject property is a commercial warehouse with two suites. Plaintiff has owned the subject property since Defendant Grabowski occupied shortly thereafter and Page 7 was allowed to occupy until March 2021, when he, along with Defenda...

Excerpt: ...e with Defendant BMW. Plaintiff alleges that defects and nonconformities manifested within the warranty period, including those relating to the vehicle's electrical, transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 26, 2022, Plaintiff file...

Excerpt: ...nor with severe cognitive disabilities (First Am. Complt. 13), alleges that while he was at school and in the care and custody of Defendants, he was abused on at least two separate occasions in 2022. (First Am. Complt. 18, 21.) Plaintiff filed his original complaint on May 23, 2023 alleging five causes of action: 1) Negligence; 2) Negligent Hiring, Supervision, and Training; 3) Intentional Infliction of Emotional Distress; 4) Battery; and 5) Viol...

Excerpt: ...final pay; (7) required maintaining of records; (8) accurate statements; (9) unfair competition law; as well as a claim for civil penalties pursuant to the Private Attorneys General Act (PAGA). On March 30, 2023, Plaintiff filed a First Amended Complaint (FAC) to add a cause of action for violations relating to indemnification of necessary employee expenses. After commencing litigation, the parties informally exchanged policy and payroll document...

Excerpt: ...GRANT sanctions against Defendant in the amount of $2,5æ', payable within 30 days. Case Summary This is, in essence, a discrimination and harassment case. Plaintiffs contend that they were harassed and discriminated against during their employment as police officers at Defendant City. They allege discrimination and harassment on the basis of disability and age, as well as other protected categories. Plaintiff Vasek further contends he was denied...

Excerpt: ...Y, without prejudice. Alternatively, the Court would consider a CONTINUANCE for the purpose of submission of a revised class notice. Preliminary Approval of Class Action Settlements in General Settlement of a class action requires court approva . (Cal. Rules of Court, rule 3.759.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Fcm Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. un...

Excerpt: ...garding a 2018 Ford F-1ffJ (the Vehicle), which the Plaintiffs purchased for one hundred thousand nine hundred and thirty-nine dollars and twenty-eight cents ($100,939.28.) Plaintiffs allege the Vehicle had multiple defects and nonconformities to the warranty and Ford is unable to conform the Vehicle to the applicable express warranty. Plaintiffs further allege Raceway breached duty to Plaintiffs in failing to use ordinary care and skill by faili...

Excerpt: ...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 strength 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 amount offered in settlement,...

Excerpt: ...ments; (5) waiting time; and (5) unfair competition law. As part of and in furtherance of settlement, Plaintiff— along with the prior motion for preliminary approval— submitted a proposed First Amended Complaint (FAC), adding a cause of action for civil penalties pursuant to the Private Attorneys General Act (PAGA). The Court approved and filed the proposed FAC at that time. After commencing litigation, the parties informally exchanged policy...

Excerpt: ...ional distress; (2) promissory fraud; (3) negligent misrepresentation; and (4) negligence. After a demurrer and motion to strike heard on 29, 2021, Plaintiff filed the operative First Amended Complaint (FAC), asserting the same causes. As background, Plaintiff suffered physical and emotional injuries when he intervened to protect a women from being attacked in October of 2018. He alleges that his treating doctor at Defendant Hospital made written...

Excerpt: ...uary 22, 2020, he sustained injuries from a protruding bolt on real pro#rty located in San Bernardino, California. Plaintiff alleged Defendants were negligent in hiring, supervising, or retaining a vendor to perform maintenance, repairs and upkeep of the subject property. Plaintiff further alleged Defendants controlled and maintained a dangerous condition, which proximately caused Plaintiff to suffer injuries and damages. On August 30, 2023, CBRE...

Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...

Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...

Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...