Excerpt: ...and electri cal systems. But no specific defects are asserted. It is the court's understanding from defendant's opposition to the motion that it claims that it refused to offer a repurchase of the vehicle because it could not identify any warranted defect. Motion t o Compel Plaintiff filed a motion to compel further responses from defendant's Person Most Qualified. During her deposition, the PMQ was asked about contacts, communications, and ot...

Excerpt: ...ipulated to by the parties. It had three questions. In response to Question No. 1 on the special verdict form, the jury found answered “No” to the question as to whether defendant's negligence was a substantial factor in causing harm to the plaintiff. To make the point clear, the jury put a “zero” in the answer blank for the two questions that asked about damages. Plaintiff now complains that the special verdict form should not have asked...

Excerpt: ...bdivision (a), fi le a “declaration of nonmonetary status” if it maintains a “reasonable belief that it has been named in the action solely in its capacity as trustee, and not arising out of any wrongful conduct or omissions on its part in the performance of its duties as trustee.” Subdivision (b) of that section sets out what must be included within the declaration. Subdivision (c) provides that any party that has appeared in the action...

Excerpt: ... law. The M erits 1. There is a Triable Issue of Material Fact as to Whether Nurse Practitioner Luu was an Independent Contractor or an Employee of Progeny These defendants claim Luu was an independent contractor and thus they cannot be held liable for any negligenc e on her part. Historically, someone that hired an independent contractor was not liable for their negligence. (See Johnson v. The Raytheon Co., Inc. (2019) 33 Cal.App.,5th 617, 627.)...

Excerpt: ...the open house signs. Real estate agents/brokers have a duty to notify visitors about dangerous conditions which they know about or have constructive knowledge of. From the photographs attached to defendant expert's declaration, it is apparent there is a triable is sue of fact as to whether this raised area (sort of a rectangular landing) was open and obvious. The color and texture of the walkway and raised area appear to be consistent. A jury co...

Excerpt: ...Plaintiff claims that he cannot access the defendant business establishment (a restaurant) because of several “physical and intangible” access barriers. Motion to Compel Physical Examination Defendants filed a request for an Independent Medical Examination of the plaintiff. Th ey also sought a protective order staying any further proceedings pending the examination. Defendants claim the plaintiff does not have standing to bring the action, a...

Excerpt: ...y Darrell McKay. Both were named as defendants, but McKay has now been dismissed because it has come to plaintiff's attention that McKay apparently never signed the guaranty; his name was allegedly forged by Mello. The amended complaint would add a cause of action for fraud against Mello. These are the pertinent facts: The guaranty was executed May 28, 2020. Plaintiff alleges the contract was breached November 22, 2022, when a payment was missed....

Excerpt: .... Since then, no additional papers have been filed. Counsel should be prepared to advise the court whether further court intervention is necessary. Motion for Summary Judgment Defendant filed a motion for summary judgment; there is no request for summary adjudi cation of issues. As the court understands it, the relevant facts are relatively simple and, for the most part, undisputed. This may be a case where the issue to be resolved may not whet...

Excerpt: ...erifi ed complaint for defamation and civil extortion against defendants. It alleged that Pabriaga, from an Elab e -mail address, sent two e -mails to several California employees of plaintiff wherein he sought at least $100,000 in exchange for not reporting plaintiff for “illegal testing,” as well as not filing “a complaint to the Office of the Inspector General Fraud Division.” The e -mails are attached to the declaration of Ashlie To...

Excerpt: ...Beach filed a motion to compel further responses to form interrogatories (set one), special interrogatories (set one), and requests for production of documents (set one). The motion included a request for monetary sanctions. No opposition was filed to the motions. Th e court notes that this is not first discovery dispute between the parties over these discovery requests. Last August, the court granted a motion to compel responses to the same d...

Excerpt: ... simply st ates that they seek an order “enforcing the arbitration agreement executed” by the plaintiff. They identify themselves as “third party beneficiaries of the arbitration agreement [and] are therefore entitled to have this case submitted to binding arbitrati on and to have the proceedings in this case dismissed.” (ROA 27, 2:8 -10.) The accompanying points and authorities state, however, that “plaintiff executed a binding mutual...

Excerpt: ... in the act that caused plaintiffs' injuries in this case. The acts were allegedly done by the other defendants. The allegation that the incident occurred on public park property is not enough to hold a public entity liable for the negligence of others. The com plaint does not allege any condition of the park that caused or contributed to the alleged injuries. The allegation that the city had a mandatory duty to protect attendees of the event und...

Excerpt: ...s Abraham Cannon and MyMoveBid.com “to provide software development services for the MyMoveBid.com platform,” but that defendants have not paid over $135,000 for services performed. The complaint also alleges that “MyMoveBid.com is a fictitious business name for Abraham Cannon and if it is an entity, he is the alter ego of such entity.” (The court notes the written agreement attached to the complaint is executed by “Abraham Cannon.” ...

Excerpt: ...ing pool. The allegations are insufficient as to whether this was intentional on the part of defendants or just mere negligence on the part of the construction/demolition crew. Motion to Strike The motion of defendants to strike portions of the first amended complain t is GRANTED in part and DENIED in part. As to Item No. 11, the court is aware of no legal authority allowing a claim for punitive damages in a declaratory relief cause of action. T...

Excerpt: ...ns a contra ctual relationship between plaintiff and Paragon over relocation services to be provided to plaintiff's employees. Pertinent here, the complaint alleged that Morabito was the CEO of Paragon Relocation Services, and Jim Davis was its CFO. It further alleg ed these two individuals were actively contacting plaintiff's employees and improperly threatening to turn them over to debt collectors if they did not pay relocation costs claimed by...

Excerpt: ...l is curre ntly set for May 6, 2024. The plaintiff never posted jury fees. Pursuant to Code of Civil Procedure section 631, subdivision (c)(2), a party demanding a jury trial must post fees within 365 days of the filing of the initial complaint if no Case Managemen t Conference is held. None was held here; therefore, plaintiff's failure to timely post fees resulted in his waiver of a jury. Defendant never posted jury fees, but it is not requesti...

Excerpt: ...dence Pl aintiff asserts she has new evidence that justifies reopening the case. The problem with her argument is that a final judgment was entered in the case by Judge George, and it was affirmed on appeal, and the remittitur was issued in November 2022. Even if it were relevant, there is no showing that any of this information, evidence, or argument is new. If anything, much of it is a repeat of the arguments made previously, and specificall...

Excerpt: ...int that con tinues to include these two causes of action. It again alleges these causes are against “all” defendants. The striking of these causes of action may not be the most efficient remedy here. The motion to strike is DENIED without prejudice. Demurrer to Se cond Amended Complaint (Champion) Defendant Champion Construction Services, Inc., filed a demurrer to the second amended complaint. The demurrer is SUSTAINED without leave as to t...

Excerpt: ...f Court. Movants shall prepare the appropriate order for the court's signature. Demurrer Defendants filed a demurrer to the first amended complaint. The action concerns an alleged breach of an agreement and the unauthorized use of confidential information. Th ere is a choice of law provision in the agreement which states it is to be construed pursuant to New York law. Defendants also suggest that at least one key issue may likely have to be de...

Excerpt: ...are the t hree members of the Forefront 405 Owners Association. The association manages office property in a common interest development. There is a split on the board, and the plaintiff constantly finds itself on the losing end of 2 -1 votes. The main dispute her e is over whether maintenance of the parking lot (a permitted activity) includes the construction of other amenities/developments to the office property, such as basketball courts, etc...

Excerpt: ...ay of the case rests within the discretion of the court. The alleged acts occurred between December 2018 and March 2019. The children were pre -teens. They are now around 16 years old. The civil complaint was filed July 21, 2020. Evans filed an answer June 11, 2021. A jury trial has been scheduled for February 3, 2025. In the criminal case, a pre -trial conference is set for May 22, 2024, and trial is set for June 6, 2024. Bail is set at $1 mil...

Excerpt: ...face, purp ort to be a contract between the plaintiff and plaintiff's employer —a fact that defendants' counsel had confirmed in an e -mail to the plaintiff's counsel. Defendants' counsel attempted to disavow that concession during oral argument, essentially on the gr ound it was not a judicial admission, and in any event, it was made before counsel had all the facts. That argument is unpersuasive. Even if the arbitration agreement were enforc...

Excerpt: ...Villageway M anagement, Inc., and that the 90-day period ended on September 4, 2018 —is GRANTED. The court notes that no opposition was filed. 3. Defendants' evidentiary objections nos. 1 -47 to plaintiff's memorandum of points and authorities and response to the summary judgment motion are disregarded. They are not evidentiary objections. 4. Defendants' objection nos. 48 -63 are OVERRULED. 5. Plaintiff filed a document entitled “Objections...

Excerpt: ...on letter were attached to the complaint. However, the plaintiff alleged that because the damages were “ongoing and exceeded $10,000” the amount of damages claimed was “omitted” from the form because “that portion was inapplicable.” The city argues that plaintiff 's failure to state the amount claimed is a material defect and the demurrer must be sustained without leave to amend. Without properly seeking judicial notice, the demurrer ...

Excerpt: ...llegations in the complaint, defendants (including these Doe defendants), “distribute and sell their kratom products to residents in California pursuant to a false and misleading marketing campaign.” The complaint further alleges that defendants do not disclose the serious health risks of the product; nor state that the product is the subject of warnings from poison control centers and is known to be not safe for human consumption. And it spe...