Excerpt: ...learly allege facts regarding Defendants' conduct that would support a claim for punitive damages. For example, Plaintiff alleges Defendants, knowing risks existed to Plaintiff, “denied or withheld services to LEONARDI” which would have protected him. See FAC ¶32. However, the FAC does not alleges what services were denied or withheld that would have protected him from the harm he allegedly suffered. Similarly, while Plaintiff alleges Defend...

Excerpt: ...ermissively used, entrusted, or maintained the Yukon. (UMF 13.) Further, Plaintiff acknowledges that direct liability is not an issue in this case. An offshoot of the doctrine of respondeat superior is the so-called “going and coming rule.” Under this rule, the employment relationship is suspended from the time employees leave their jobs until they return, on the theory that during normal commutes, employees are not rendering services directl...

Excerpt: ...19 Minute Order.) The Court has now considered both Plaintiff's opposition and Defendant's further reply. Defendant moves for an order striking paragraphs 11-16, 19, 20, 22- 28, 30, and 31, and portions of paragraphs 18, 21, and 74, on the ground they contain “irrelevant and improper matters.” Code Civ. Proc. § 436. Defendant contends, to the extent these matters are the basis for Plaintiff's FEHA claims, they are time-barred due to the one-...

Excerpt: ...vincing evidence that the defendant has been guilty of oppression, fraud, or malice. Malice is defined as conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. At the pleading stage, the complaint must allege facts supporting circumstances of oppression, fraud, or malice. See Grieves v. Superio...

Excerpt: ...e Civ. Proc. § 1008(a).) Specifically, the Court finds good cause exists to reconsider the order denying the previous motion on the grounds that Plaintiff's counsel, through inadvertence, failed to appear at the hearing, resulting in its denial. Moreover, since that time, the parties have met and conferred and Defendant has confirmed it does not oppose the sealing and joins in the instant motion. Unless confidentiality is required by statute or ...

Excerpt: ...y on the seventh cause of action. The demurrer is sustained with 15 days leave to amend as to the first, second, third, fourth, eighth, ninth, and tenth causes of action – and as to Fay Servicing on the seventh cause of action. First Cause of Action for Negligent Misrepresentation The elements of negligent misrepresentation are: (1) the misrepresentation of a past or existing material fact; (2) without reasonable ground for believing it to be t...

Excerpt: ... Request/Demand for Production Nos. 3, 7-12, 15, 17, 22, 26- 29. Plaintiff also seeks sanctions relating to each motion. For the reasons set forth below, Plaintiff's motion to compel further responses to form interrogatories is DENIED as to No. 15.1 but GRANTED as to Nos. 16.1-16.7, 16.9, and 16.10. The motion to compel further responses to special interrogatories nos. 6, 7, and 8 is GRANTED, subject to the limitations detailed below. The motion ...

Excerpt: ...ment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the ca...

Excerpt: ...an ad litem, is sustained with 15 days leave to amend. AFH's motion to strike is granted with 15 days leave to amend except as to the 10 th cause of action. As to the 10 th cause of action, the motion to strike is granted without prejudice to Plaintiffs bringing a motion for leave to amend or supplement. The Demurrer by Defendants Cinnamon Creek Westminster Associates L.P. and Arker, Inc.'s to Plaintiffs' SAC is sustained with 15 days leave to am...

Excerpt: ...he punitive damages alleged as to both causes of action. For the reasons set forth below, the Demurrer is OVERRULED and the Motion to Strike is DENIED. Michael is ordered to answer the FAXC within ten days. The Court grants Michael's unopposed Request for Judicial Notice of court documents pursuant to Evidence Code §452(d). 1. Breach of Fiduciary Duty and Punitive Damages Mark's FAXC alleges that Michael breached fiduciary duties owed to him by ...

Excerpt: ...e are not described. 2. There is insufficient information to evaluate whether there were substantial common questions for class certification. The alleged non-compliant policies are not described (see above) nor is the manner of defendant's allegedly illegal conduct described. 3. The class release appears to be extremely broad, releasing claims that go beyond those alleged in this case. While the named plaintiff may freely release her own claims,...

Excerpt: ...n 17200. Plaintiff alleges Defendant owns, controls and maintains wood burning fire pits on its properties, known as North Lake Beach Club and South Lake Beach Club, and that the “burning of firewood” in these fire pits “results in exposures to a number of chemicals . . . which are included on the Proposition 65 List”; however, “Defendant has failed to provide clear and reasonable warnings regarding the risk of exposure.” (Compl. at �...

Excerpt: ...tion and sustained with leave to amend as to the fourth and seventh causes of action. Wells Fargo's request for judicial notice is granted. Wells Fargo's unopposed motion to strike is granted. Defendant Fay Servicing LLC and U.S. Bank NA's joinder in Wells Fargo's demurrer is permitted but the demurrer to Plaintiff seventh action for violation of B&P Code § 17200 is overruled as to U.S. Bank. Plaintiffs' motion for an order consolidating this ac...

Excerpt: ...n motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasona...

Excerpt: ... Plaintiff is awarded sanctions of $1,000. Where there has been a response to RFPs that the propounding party finds inadequate, then the Code provides for a motion and order compelling production upon a showing of good cause, prior meeting and conferring, and the filing of a separate statement. Code Civ. Proc. § 2031.310(b)(1) and (2); CRC 3.1345; TRG, Cal. Prac. Guide, Civil Procedure before Trial §8:1494.1. A motion to compel further response...

Excerpt: ...rough 12.7, 15.1, 16.1, 16.2, 16.7, 16.8 and 50.1. It is denied as to nos. 13.1, 13.2, and 50.2. Code of Civil Procedure section 2030.220 requires a party responding to interrogatories to answer in a manner as “complete and straightforward as the information reasonably available” permits. If the interrogatory cannot be answered completely, then it must be answered to the extent possible. Code Civ. Proc. § 2030.220(b). “If a timely motion t...

Excerpt: ...D. Plaintiffs' request for judicial notice is GRANTED. The Court SUSTAINS Plaintiffs' objection Nos. 4, 5, 6, and 7. The Court declines to rule on the remainder of the objections as they are not material to its ruling. (See Code Civ. Proc., § 437c(q).) Defendant moves for summary judgment, arguing that Plaintiffs' claims are barred because they did not file this action within 6 months of the rejection of their tort claims per Gov. Code, § 945.6...

Excerpt: ...� Because Plaintiff responded to the supplemental briefing, it appears that it was served, and the Court therefore considers Defendant's motion on the merits. However, in the future, Defendant is ordered to comply with CRC Rule 3.1300, as failure to file the requisite proofs of service may be cause for denial of a motion. In a Minute Order dated 6/6/19, the Court continued Defendant's motion for leave to file a Second Amended Cross-Complaint due ...

Excerpt: ...19. On 6/19/19, however, the Grigoryan Law Firm timely filed a First Amended Cross- Complaint. Consequently, the Demurrer is moot. B. Motion for Leave to Amend The Court grants the Motion by Allstate for Leave to file the Proposed First Amended Cross-Complaint. The Court's file does not appear to contain a Proof of Service for Cross- Defendant Grigoryan Blum & Grigoryan's opposition papers. The Court admonishes parties to file their Proofs of Ser...

Excerpt: ...ected in the Court's records. However, Plaintiff opposed the demurrer and motion to strike without objecting to service. For purposes of this demurrer and motion to strike, the Court therefore assumes service at the P.O. Box was proper. Plaintiff shall confirm for the Court at the hearing the correct address for service and ensure that the Court's records are up to date. Demurrer to FAC Trustee demurs generally to the three causes of action for d...

Excerpt: ... the trial court limited jurisdiction to decide whether to award attorney fees and costs to defendant. Id. at 879. Defendant is entitled to its fees and costs if plaintiff's case is shown to be a “pure SLAPP suit.” Kyle v. Carmon (1999) 71 Cal.App.4th 901, 918. To make this determination, the trial court must consider the merits of defendant's anti-SLAPP motion even though it has no jurisdiction to grant or deny the motion. Moore v. Liu(1999)...

Excerpt: ...ion alleged in the SAC are beyond the scope of the Court's order sustaining Brokers' demurrer to the FAC with leave to amend and (2) in any event, all claims are barred by the applicable statute of limitations. Brokers' request the Court to take judicial notice of the notice of ruling on their demurrer to the FACT and their meet and confer declaration filed in this action. This request is denied because it is unnecessary to ask the court to take ...

Excerpt: ...nce; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.” (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 402.) In its SAC, Plaintiff alleges that after receiving medical services in Mexico, third-party Howard Hamilton assigned to Plaintiff his right to payment under his health insurance policy with Defendant. However, the insurance plan prohibits assignments of the type pleaded. Specifical...

Excerpt: ...in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of CCP § 526(a)(3) is to preserve the status quo pending litigation. (See, Stockton v. Newman (1957) 148 Cal.App.2d 558, 563.) First, for an injunction to issue, the moving party must establish a likelihood of prevailing on the merits. (See San Francisco Newspaper Printing Co., Inc. v. Sup...

Excerpt: .../2019, Defendants to submit a declaration showing a notice to employee was properly served and the subpoena was properly issued and served on the custodian of records. Hearing on this Motion continued to 7/22/2019 at 1:30 p.m. AFTER THE CONTINUANCE AND ASSUMING THE SUBPOENA WAS PROPERLY ISSUED AND SERVED Plaintiff Maria Arrieta seeks an order quashing the subpoena defendant ASAS Group, Inc. issued to SWH Mimi's Café, LLC, Plaintiff's current emp...