Excerpt: ...ms as asserted by Mr. Espinoza, through his GAL. For COA 1, the claim is based on an alleged failure to fully accommodate, including providing assistance to escort him to classes, refusing to provide him with transportation assistance, and covering up as to an alleged “violent assault and battery” by Chapman. (TAC ¶ 82.) For COA 2, the claim is based on Chapman's alleged push, causing him to fall out of his wheelchair. (TAC ¶¶ 43-47, 114.)...

Excerpt: ...f law regarding the sufficiency of the allegations set forth in the complaint. Lambert v. Carneghi (2008) 158 Cal.App.4 th 1120, 1126. The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Since it plays such a large role here in this demurrer, it is important to appreci...

Excerpt: ...ourt ruled agreements providing for valuations and appraisals are considered to be an arbitration agreement subject to the statutory contractual arbitration law. CCP § 1280(a); Mahnke v. Superior Court (2009) 180 Cal. App. 4th 565, 575; Devonwood Condo. Owners Assn. v. Farmers Ins. Exch. (2008) 162 Cal. App. 4th 1498, 1505. In regard to appraisal arbitrations, such an arbitration would be before appraisers and not an arbitrator, and appraisers' ...

Excerpt: ...lure to pay rent in various months). The motion is GRANTED in part and DENIED in part, as follows: Failing to respond to an authorized method of discovery is a misuse of the discovery process warranting sanctions. (C.C.P. § 2023.010(d).) So, too, is disobeying a court order to provide discovery. (Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4 th 1495, 1516.) Imposition of sanctions for misuse of discovery lies within the trial court'...

Excerpt: ...on are focused on the legal insufficiency of the First Amended Cross-Complaint. (See the Opp. Brf. at 6:26) (construing the Motion in this way also). The Court does not consider the change of the focus in the Reply brief. (See Reply Brf. at 6:16 and reply exhibits); see Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 56 (“We do not consider those contentions because plaintiffs did not raise them in their opening brief and there is no exp...

Excerpt: ...e legal sufficiency of another pleading in the form of an objection. CCP §§ 422.10, 430.10, 430.30. A motion to strike, on the other hand, is a request to the Court to thin out “irrelevant, false, improper or nonconforming” matter included in an otherwise valid pleading. See CCP §§ 435- 436. While often filed and heard together (see CRC 3.1322(b)), the two serve very different functions and as such are not authorized to be filed as a sing...

Excerpt: ...1.) The request for judicial notice of Exhibit B is granted. The information appears to be from the official website of HUD which regulates Home Equity Conversion Mortgage (HECM) loans, i.e. the type of loan that the Plaintiffs appear to have received. (See SAC ¶ 25 and Exhibit B; see Evid. Code § 452(c), (h); In re N.M. (2008) 161 Cal.App.4th 253, 268 n.9 (“we take judicial notice of . . . the list provided by the State Department of Social ...

Excerpt: ...is method of service. The code provision that allows for electronic service does require there be affirmative consent by the recipient to receive papers by this method. (See CCP §1010.6(a)(2)(A)(ii) and CRC 2.251(b)(1)(A) and (B).) The Court would encourage the parties to agree to this service method to help reduce their costs, but, if there is no such agreement, then the Plaintiff must in the future serve the papers by another means. In this in...

Excerpt: ...leveland Plumbing to diagnose and repair issues with the plumbing lines feeding the subject units. In late 2013, plaintiff Sanchez experienced a serious water intrusion event up through the slab foundation of his unit, resulting in a flood in the master bedroom. Shortly thereafter, no unit in Sanchez's building was receiving hot water. Defendant HOA retained the services of Scott English Plumbing to diagnose and repair the issue. While part of th...

Excerpt: ...yvale, LLC (2008) 162 Cal.App.4th 858, 878; Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248) This furthers the purpose of framing the claim, providing clarity and notice, and weeding out non-meritorious claims at the pleadings stage. (See Philipson & Simon v. Gulsvig (2007) 154 Cal.App.4th 347, 362.) Here, the complaint is comprised of many vague and conclusory allegations. To further clarity, the Court is directing the Plaintif...

Excerpt: ...vidence from witnesses (or other defendants) who have invoked their privilege against self-incrimination." (Bains v. Moores (2009) 172 Cal.App.4th 445, 484.) "The Constitution does not require a stay of civil proceedings pending the outcome of criminal proceedings. [Citation.] A court, however, has the discretion to stay civil proceedings, postpone civil discovery, or impose protective orders and conditions when the interests of justice seem [ ] ...

Excerpt: ...“minimal merit.” Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v. Schnitt (2016) 1 Cal.5th 376, 384 Here, the allegedly defamatory speech is set forth in ¶¶ 14 and 16 of the Complaint and essentially boils down to the statements that plaintiff was a “troublemaker,” a “menace to society,” and a “crook” who should be “excommunicated” from the church. Although the motion does not clearly state which subdivisions of CCP �...

Excerpt: ...10(3). “To state a claim for fraudulent concealment, a plaintiff must allege: ‘(1) a misrepresentation (false representation, concealment, or nondisclosure); (2) knowledge of falsity (or scienter); (3) intent to defraud, i.e., to induce reliance; (4) justifiable reliance; and (5) resulting damage.'” In re Toyota Motor Corp. Unintended Acceleration Mktg., Sales Practices, & Prod. Liab. Litig., 754 F. Supp. 2d 1145, 1189 (C.D. Cal. 2010) [Toy...

Excerpt: ...atters while Plaintiff was serving as a member of the board; concerns about the Association's decisions in addressing a conflict within its governing documents about how many directors the Association must have; objections to how the Association addressed the problem (by opting to not hold the 2018 election and allowing directors with unexpired terms to constitute the full board); alleged failures in presenting the issue to the Association member...

Excerpt: ... of time to respond, but never did. On 2/8/19, this Court heard plaintiff's motion to have unanswered RFAs deemed admitted. Attorney Dickerson did not attend the hearing, nor did he file any opposition to the motion. The motion was therefore granted, and the RFAs deemed admitted by operation of statute. On 8/19/19, this Court heard plaintiff's motion for discovery terminating sanctions (based principally on plaintiff's inability to secure deposit...

Excerpt: ...OAs have been dismissed prior to the hearing, the Demurrer as to COAs 1-3 is SUSTAINED, without leave to amend. For COAs 4 and 5, Plaintiff has made only conclusory allegations as to the basis for each. For COA 4, she asserts generally that she made complaints to management about staffing/census issues, and/or refused to participate in activities that would result in a violation of or noncompliance with a local, state, or federal statute, rule or...

Excerpt: ...WITHOUT LEAVE TO AMEND). The court will take up each cause of action in turn. 1. 1 st COA: Wrongful Termination – Overruled as to CLG, Sustained without Leave to Amend as to Anna Carno Plaintiff's first cause of action is for wrongful termination. In his complaint, Defendant claims he was fired “because he performed and would continue to perform pro bono legal services on behalf of the community.” (FAC ¶ 39). As far as this court can tell,...

Excerpt: ...l notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact. (People v. Harbolt (1997) 61 Cal.App.4th 123; Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875.) Therefore, the Court GRANTS Defendants' request for judicial notice of Exs. A-M and P. The Court DENIES Defendants' request for judicial notice of Exs. N and O since they d...

Excerpt: ...ned inspections re same and had provided a guaranty as to the work performed (when, in fact, the work was performed by unlicensed cross-defendants). The XC further alleges that Genesis was defamed and wrongfully sued in this action. Based on the alleged fraud, these allegations are sufficient to support the punitive damages claim at issue. The claims as presented are also sufficient, for pleading purposes, to support the prayer for fees based on ...

Excerpt: ...forth below. This is Hooper's second attempt to set aside the default judgment first entered against him on 6/4/19. In Hooper's first attempt, the Court denied the motion without prejudice on 9/23/19 as Hooper did not file a proposed answer to the Complaint and failed to meet the minimal threshold requirement to show good cause for setting aside the default, such as a declaration as to why the default should be set aside. As both of those issues ...

Excerpt: ... implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a lawful object, (4) sufficient cause or consideration, (5) plaintiff's performance or excuse for failure to perform, (6) defendant's breach, and (7) damage. Civil Code §§ 1550, 1605; Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4 th 437, 453. Precision or in haec verba is not required, nor is attaching the actual contract if in ...

Excerpt: ...nagement, LLC (“Epsilon”), arguing that: (a) as MP had previously filed an action against Koulouras and Epsilon in Illinois which also concerns Koulouras' prior employment with MP, its first-filed case should be allowed to proceed in Illinois to address all of the issues re Koulouras' separation from MP; and (b) the claims at issue should be adjudicated in Illinois on forum non conveniens grounds. Both arguments are unpersuasive here. As a pr...

Excerpt: ...nagement, LLC (“Epsilon”), arguing that: (a) as MP had previously filed an action against Koulouras and Epsilon in Illinois which also concerns Koulouras' prior employment with MP, its first-filed case should be allowed to proceed in Illinois to address all of the issues re Koulouras' separation from MP; and (b) the claims at issue should be adjudicated in Illinois on forum non conveniens grounds. Both arguments are unpersuasive here. As a pr...

Excerpt: ...s failed to file timely oppositions to the Motions. The Motions were originally scheduled to be heard on 1/13/20, which would have made any oppositions due no later than 12/30/19. CCP § 1005. Plaintiff did not file any oppositions to the Motions prior to the 1/13/20 hearing date. When the matter came before the Court on 1/13/20, the Court continued the hearing to 3/2/20 for Defendant's lack of meet and confer efforts with plaintiff Escotto, lack...

Excerpt: ...s failed to file timely oppositions to the Motions. The Motions were originally scheduled to be heard on 1/13/20, which would have made any oppositions due no later than 12/30/19. CCP § 1005. Plaintiff did not file any oppositions to the Motions prior to the 1/13/20 hearing date. When the matter came before the Court on 1/13/20, the Court continued the hearing to 3/2/20 for Defendant's lack of meet and confer efforts with plaintiff Escotto, lack...