Excerpt: ...with a loan from defendant Quicken Loans. Quicken's motion for judgment on the pleadings with respect to the original complaint was granted on November 15, 2018, with 20 days' leave to amend. Britt filed a First Amended Complaint (“FAC”) on December 5, 2018. It asserts two causes of action against Quicken: the second, for quiet title, and the fourth, for violation of the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. This demurrer wa...

Excerpt: ...cumstances under which a verdict may be vacated or modified and a new trial set on all or part of the issues: (1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. (2) Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any...

Excerpt: ...atryan was employed by cross-defendant Express Rolloff. The passenger acquired transportation from Khachatryan and Express Rolloff by using the Uber app from Uber Technologies, Inc. Khachatryan filed suit against Villalobos and Villalobos's employer, defendant ATC Logistics, Inc. Villalabos and ATC filed an answer and a cross-complaint alleging (1) indemnity, (2) contribution, and (3) declaratory relief against Khachatryan, Express Rolloff, and U...

Excerpt: ... contract, and (2) common counts (open book account). Defendant TMX demurs to the complaint. Climan has filed an untimely First Amended Complaint (“FAC”). II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal. App. 4th 1112, 1126.) In ruling on a demurrer, the Court shall accept all materi...

Excerpt: ...the appraisal came in at $555,000. The stipulation gives Luis Huitz and Rachel Lugo (daughter and son-in-law of defendant Guerrero) a right of first refusal to purchase the property at its appraisal price within 14 days of being notified of the appraisal and “shall supply to the Parties a pre- approval letter and/or proof of sufficient funds to purchase the property at the same time as they exercise their option to purchase the subject property...

Excerpt: ...mmercial property at issue. Plaintiffs allege the following causes of action: (1) Wrongful Eviction; (2) Defamation; and (3) Intentional Interference with Prospective Economic Relations Defendants demur to causes of actions 1 and 2 and move to strike. Plaintiffs oppose. II. Standard A. Demurrer Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Ze...

Excerpt: ...llowing causes of action: (1) Breach of written contract (2) Breach of implied covenant of good faith and fair dealing (3) Breach of fit and finish warranties (4) Breach of implied warranties (5) Strict products liability (6) Fraud and negligent misrepresentation (7) Expungement of invalid lien HD demurs to causes of action 3, 4, 6, and 7. Plaintiff opposes. II. Standard A. Demurrer Where the complaint fails to state facts sufficient to constitut...

Excerpt: ...s. II. Standard CCP § 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the applic...

Excerpt: ...Laboratory Safety Improvements. Woodcraft's bid totaled $289,950. Defendant AP Construction Group, Inc., used Woodcraft's bid and was awarded the prime contract for the project. After being awarded, AP approached Woodcraft and asked Woodcraft to lower its bid price. Woodcraft and AP reached a partially oral, partially written contract whereby Woodcraft would lower its bid to $280,000 and AP agreed to pay $280,000. They also agreed on various paym...

Excerpt: ...time of Evangelina's death the property was paid off with no mortgage liens. Plaintiff alleges that between September 2016 and May 2017 multiple hard money loans were taken out in violation of lending laws (relating to whether plaintiff occupied the residence). The property is now in foreclosure and plaintiff seeks reformation of the loans. The operative First Amended Complaint alleges the following causes of action: (1) Breach of a written contr...

Excerpt: ...dication. EEL expressly exempts its claim for punitive damages (connected to the conversion claim) from its request for adjudication. (Mtn. pg. 17.) Gomez opposes. II. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP § 437c(c).) Once the moving party has met its burden o...

Excerpt: ...hine. She and fellow employees subsequently had difficulty locating the emergency shut-off button. Plaintiff brought causes of action for: (1) General Negligence; (2) Strict Products Liability; (3) Negligent Products Liability; (4) Breach of Implied Warranty of Merchantability; (5) Fraudulent Concealment; and (6) Battery. Machado asserts the first, fifth, and sixth causes of action against defendants Helen Grace Chocolates, LLC, and BFC Financial...

Excerpt: ...; (4) Fraud; and (5) Breach of Fiduciary Duty. Plaintiffs assert the first through fourth causes of action against Defendants Bueno Properties, LLC (“Bueno Properties”) and Ramon Bueno (“Bueno”). Bueno Properties and Bueno separately demur to the Second Amended Complaint. II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zeli...

Excerpt: ...d the instant motions to compel Defendant Liberty Fund's responses to requests for production and requests for admission. Liberty Fund opposed and seeks sanctions. II. Standard a. Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a mot...

Excerpt: ...laintiff against both Defendants in the amount of $206,936.24. Plaintiff now moves for an order assigning judgment debtors' rights to payment and an order restraining judgment debtor. II. Standard Code of Civil Procedure section 708.510(a) states, in relevant part: (a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a...

Excerpt: ...dard Motion for new trial Article VI, section 13 of the California Constitution provides: “No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of ...

Excerpt: ...te the trial. CEP seeks to (1) separate the phases of trial such that liability and compensatory damages are tried first, followed by punitive damages; and (2) preclude financial condition evidence until there is a finding of entitlement to punitive damages. II. Standard CCP § 598 states: The court may, when the convenience of witnesses or the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on...

Excerpt: ...otel premises, returned with a handgun, and began shooting; and shot and killed McClure's son. McClure alleges that the owners/operators of the motel, Defendants Richard and Barbara Braxton, negligently failed to repair the motel's defective gate, and had advance knowledge that the shooter posed a safety risk to the tenants of the motel, because they knew that the shooter and other tenant were drug dealers, and that the motel operates in a high c...

Excerpt: ...elonged to Plaintiff's and Defendant Monica Hidalgo's (“Monica”) father. Their father transferred the property to Monica because Plaintiff was unable to have the property in his name at the time due to personal difficulty. All parties agreed the subject property belong to Plaintiff; there are witnesses to these conversations. Their father passed away on March 27, 2016. Monica had previously agreed both in person and in text to quitclaim the p...

Excerpt: ...rdinances prohibiting construction of convenience and liquor stores to prevent nuisance activities. Plaintiffs own a shopping center and a business that operates a 7-Eleven. The City allegedly issued a permit to another entity to build another 7-Eleven in violation of the ordinances. II. Analysis: Motion for Attorney's Fees Entitlement Plaintiffs argue that Government Code section 6259(d) provides, “[t]he court shall award costs and reasonable ...

Excerpt: ...”). On March 22, 2018, the Court denied Defendants' first motion to quash for improper service on Plaintiff, untimely service under Code of Civil Procedure section 1005(b), and failure to pay filing fees. The Court noted that, on the merits, the motion is meritorious. (See March 22, 2018 Minute Order.) On April 24, 2018, the Court granted Defendants' first motion to quash. (See April 24, 2018 Minute Order.) On June 20, 2018, Defendants' filed t...

Excerpt: ...efendant Nica Container Freight Line, Inc. on April 10, 2017 for indemnity, contribution, and declaratory relief. Nica answered the Cross-Complaint on May 11, 2017. Nica filed a Cross-Complaint on March 26, 2018 against A-Game and non-party “Mendez de Magliane Management, LLC” for indemnity. On May 10, 2018, Mendez answered the Cross-Complaint. Now Mendez moves for leave to file a Cross-Complaint for equitable indemnity, allocation and contri...

Excerpt: ...ff Ridgill Johnson Properties, the operator of Avalon Villa, sued Mr. Calhoun and his widow, Defendant Thelidria Calhoun, on the grounds that the debt owed by Leo was incurred during his marriage to Thelidria and is a community debt. (Complaint, ¶ 9; Fam. Code sections 914(a), 910.) Defendant's daughter Dimitriea Calhoun moves to be appointed as her mother's personal representative in this action because her mother is disabled. II. Analysis Calh...

Excerpt: ...Johnson petitions the Court to approve minor claimant Dominique Faniel's compromise. The proposed settlement is $10,000. There are no claimed medical expenses. Counsel requests 25% attorney's fees in the amount of $2,500.00 and $1,072.96 in other expenses such as filing fees, attorney service, and court call. Faniel would receive $6,427.04. II. Standard Court approval is required to establish an enforceable settlement of a minor's claim. (Prob. C...

Excerpt: .... According to the operative First Amended Complaint, Ball had access to confidential information about customers, pricing, rate sheets, etc. The terms of Ball's severance required him to return all AZ materials and information. He returned only his work laptop, and not the files stored on his personal computer. A preliminary injunction has been in effect for more than a year. It has been extended by stipulations of the parties and by orders of t...