Excerpt: ... to be a “substandard building”. There is nothing in the statute which evidences any legislative intent to create a private claim. 3COA (CC section 1942.4): The COA fails because it does not allege facts establishing compliance with §1942.4(a)(2) and (3). No supporting facts at all can be found. /// 6COA (Battery): Battery requires intent. There is nothing alleged that the defendant set the bed bugs on an assaultive task at the defendant's b...

Excerpt: ...stions. He seeks $3,300.00 in sanctions. Defendants Ramona Rehabilitation and Post Acute Care, Inc. & Resource Healthsystems Management (“defendants”) contend that Plaintiff's counsel asked inappropriate questions and that the objections made on Ms. Kovar's behalf were proper. They assert that there is no good cause for the discovery sought. They argue that sanctions are not warranted. Defendants complain that many of the questions asked were...

Excerpt: ...t its burden for a protective order. In evaluating the scope of discovery and motions to compel discovery, the court considers several factors including: (1) the relationship of the information sought to the issues framed in the pleadings; (2) the likelihood that disclosure will be of practical benefit to the party seeking discovery; and (3) the burden or expense likely to be encountered by the responding party in furnishing the information sough...

Excerpt: ...ssion. Plaintiff contends that there is an overriding need for it to possess the property prior to the issuance of a final judgment in this action, and it will suffer great harm if the request is denied. In this lawsuit, it seeks easement rights to install overhead lines across a vacant parcel of property. The lines are part of a major infrastructure project that is necessary to keep up with the electrical needs of Riverside County. Plaintiff con...

Excerpt: ... Plaintiff had trouble serving the summons and complaint on defendants, and filed an Application for Order For Publication on November 10, 2016, which was granted by the court. Proof of service by publication was filed on April 3, 2017. Default was entered on May 25, 2017, the default judgment was entered on July 3, 2018 and Notice of Entry of Default was filed on August 13, 2018. The default judgment is for $24,561.50. As a preliminary matter, D...

Excerpt: ...liar with the dangers of drunk driving due to multiple prior DUI convictions. (Id.) Plaintiff alleges that John Marshall fled the scene of the accident to avoid liability (Id at ¶11), which suggests that he was aware that he was driving while intoxicated. These facts constitute despicable conduct despised by ordinary people. As such, Plaintiff has stated facts to show malice. However, while these allegations are sufficiently pled to show malice,...

Excerpt: ...7 are OVERRULED; and as to Harris's Deposition, Objection 8 is OVERRULED. /// Analysis: The motion for summary judgment is denied because there are triable issues of material fact regarding the first cause of action for medical negligence as to whether the standard of care was met and whether, to a reasonable degree of medical probability, plaintiff's injuries were caused by the treatment she received. The declarations of the expert for defendant...

Excerpt: ...uments relating to Ford's “rules, policies, or procedures since 2011” concerning the issuance of refunds to buyers or providing replacement vehicles to buyers and the “policies, procedures and/or instructions since 2011” that Ford employees are required to following in responding to customer complaints regarding failure to repair vehicles. Defendant does not dispute the relevancy of the documents sought, but argues that they are overbroad...

Excerpt: ...clause unenforceable. (Graham v. Scissor‐Tail, Inc. (1981) 28 Cal.3d 807, 817.) Plaintiffs contend in their declarations they were given insufficient time to review the job applications and hiring documents containing the arbitration clauses having been “rushed” to sign them, and they were never given a copy of the documents. (Baraja Dec., ¶¶ ; Chapman Dec., ¶¶ 3‐4, 6, 9.) There is no evidence that Plaintiffs ever asked for more time ...

Excerpt: ...(CCP §387(a); Truck Ins. Exch. v. Sup. Ct. (1997) 60 Cal.App.4th 342, 346; Reliance Ins. Co. v. Sup. Ct. (2000) 84 Cal.App.4th 383, 386.) Here, Intervenor asserts that she has a “substantial interest” in this case to establish the “direct and immediate interest in the litigation” element of permissive intervention. The Trustee asserts that Plaintiff seeks unpaid wages from her employer, now deceased, that could only be paid to her from t...

Excerpt: ...AINED as a motion to strike is to be made on the face of the pleadings. The Motion is DENIED. Analysis: Plaintiff moves to strike allegations in the Answer concerning an arbitration and a written agreement involving parties who are not parties to this partition action, namely ¶¶ 4‐7, ¶ 13. The judicially noticeable facts do show that 1) the arbitration was filed by JTHI and Jones against Blumenthal, none of whom are parties in this action; a...

Excerpt: ...wever, did not apply to documents which were publicly available, such as the fictitious business name statements obtained by cross‐defendant. Sanctions are denied because the present motion arises under Code of Civil Procedure section 1008, which has its own procedure regarding sanctions; had the court granted the present motion, and reconsidered the matter, then the attorney's fees provisions of Code of Civil Procedure section 425.16 would hav...

Excerpt: ...The only items that are potentially relevant are records related to Plaintiff's wages/salary (i.e., payroll records) and records relating to the injuries at issue in this action. However, Defendants fail to demonstrate good cause for the production of Plaintiff's entire personnel file. (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232‐33.) Defendants do not even address the breadth of the Subpoena in their opposition or offer any e...

Excerpt: ... alleges that Essence and Silverton intended to permanently deprive Plaintiff or her property, this combined with allegations that Essence and Silverton improperly donated the horses to Villa Chardonnay appears sufficient for pleading purposes. 3COA (Trespass to Chattels): Overruled. Sufficient facts show interference with Plaintiff's property and an exercise of control over it. 4COA (Retaliatory Eviction): Sustained for failure to state sufficie...

Excerpt: ...e attorney general‐an agent of the state‐while the governmental entity on whose behalf he or she sues is the real party in interest.” (Franco v. Arakelina Enteprises, Inc. (2015) 234 Cal.App.4th 947, 962.) A plaintiff may maintain a PAGA suit without satisfying class action requirements. (Arias, supra, at pp. 981‐ 982.) ...

Excerpt: ...ion. (UMF No. 8, Soberon Dec, Ex. J.) On July 6 and September 6, 2016, Plaintiff was notified that she was approved for a Streamline Home Affordable Trial Modification. (Soberon Dec, Ex. K and M.) Select has also produced evidence that it conducted a review of later applications before determining that she was ineligible for modification. Select notified Plaintiff that she was denied on March 2, 2018. (Soberon Dec, Ex. N.) It also appears that Se...

Excerpt: ...o have an attorney represent it in a lawsuit, which he later learned from the court. He thereafter sought and retained counsel to represent and defend EJD. (Kancilia Dec., ¶¶ 3‐6.) These facts are sufficient, and appear sincere. Kancilia initially responded to the complaint on behalf of himself and EJD by filing a demurrer and petition to compel arbitration. He sought counsel on behalf of EJD after default was taken, and after attempts to mee...

Excerpt: ...Further, this matter is properly before the court as there are no allegations that this asset was ever part of a trust. 2COA (Elder Financial Abuse): There are sufficient facts to show undue influence. The only issue is standing. An elder abuse cause of action is based on injury/damages to the elder, not to the elder's heirs. See Welfare & Institutions Code §§ 15657.3 and 15657.6. If the elder dies, the right to commence an action “shall pass...

Excerpt: ... needed given the allegations against the dental assistant are already present the FAC and Plaintiff is simply seeking to amend the request for damages. ...

Excerpt: ...2:125, pp. 2‐53 to 2‐54, citing Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578‐579.) The Demurrer as to Osceolo is SUSTAINED only as to the 6COA for failure to state facts sufficient to the COA but WITH LEAVE to AMEND of 20 Days. As to all other COA pertaining to Osceolo, the Demurrer is OVERRULED. 6COA (Fiduciary Duty): “Fiduciary duties are imposed by law in certain technical, legal relation...

Excerpt: ...h Nudleman, M.D. Dr. Ritter opines that based on Ramsey's symptoms, a detailed neurological exam should have been done. (Ritter Dec. ¶ 9‐10.) He states that Defendant failed to perform visual field testing and the remainder of the exam was below the standard of care. (Id. ¶ 10‐ 12.) Based upon the competing expert opinions, both of which find support in Ramsey's medical records, there are disputed material facts as to whether Defendant's ac...

Excerpt: ...my client was unable to timely file any response (including an Answer and Demurrer) to the Cross‐ Complaint as a result of the lack of due process and proper notice as to the filing of the CrossComplaint in this matter prior to December 28, 2018, as a result of inadvertence, surprise, or excusable neglect” and that “my client has been suffering under a continuing physical disability which interfered with his ability to readily communicate [...

Excerpt: ...acts are plead to support the claim. Plaintiff's allegations that Dr. Phan recklessly disregarded her instructions and proceeded to grind away more than 50% of three of Plaintiff's front teeth (among other teeth) in order to bill Plaintiff's insurance sufficiently sets forth “extreme and outrageous” conduct. Further, Plaintiff sufficiently pleads “severe emotional distress” through her allegation that she suffered extreme anxiety that req...

Excerpt: ... warrant an award of punitive damages. Taylor v. Superior Court (1979) 24 Cal.3d 890, 894.). It is generally settled law that in order to state a claim for punitive damages for a non‐ intentional tort, the pleadings require some degree of specificity and not generalities. Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041‐1042. That is lacking here. Also, the causes of action for failure to provide habitable dwelling and breach of the c...

Excerpt: ...try of default (see CCP §418.10(a)(3), (d); CCP §585(a)‐(c)). Said motion was filed on April 24, 2018. As to the untimely Opposition, the court exercises its discretion to consider it. As to the Motion to Dismiss, yes, this case has been slow in making progress. However, after service was effected, a series of Demurrers occurred resulting in the SAC of Jan 29, 2018, as the operative pleading. Additionally, there was underlying litigation in S...