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: ...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: ... 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: ...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: ...stalled the allegedly-trespassing items. Indeed, from the pleading, it appears that the Plaintiff is also unsure. (See FAC ¶¶ 2, 5, 6.) This issue would be a matter for discovery and gathering of evidence. Judicial notice is reserved only for matters that are indisputably true or which could not be a subject of a reasonable dispute. (See Evid. Code § 452; Richtek USA, Inc., 242 Cal.App.4th 651, 660; Bounds v. Superior Court (2014) 229 Cal.App....

Excerpt: ...ing demurrer attacks all nine causes of action. The motion to strike is directed at the 1 st cause of action, and claims asserted against individuals (named and unnamed). Initially, plaintiffs allege that there was no new pleading triggering the option of another demurrer, noting that the Master Complaint came about after two cases were consolidated. However, at the August 12, 2019 hearing, this Court did not order that no new responsive pleading...

Excerpt: ...ing demurrer attacks all nine causes of action. The motion to strike is directed at the 1 st cause of action, and claims asserted against individuals (named and unnamed). Initially, plaintiffs allege that there was no new pleading triggering the option of another demurrer, noting that the Master Complaint came about after two cases were consolidated. However, at the August 12, 2019 hearing, this Court did not order that no new responsive pleading...

Excerpt: ...aintiff alleged defect in F22 that, over time, resulted in slippage or dislodgment of front balancer shaft oil seal failed to state a valid CLRA claim because the allegations failed to identify any affirmative representations that the automobiles had any characteristic they do not have or are of a standard or quality they are not or allegations that manufacturer was bound to disclose defect]. See also, Bardin v. DaimlerChrysler Corp. (2006) 136 C...

Excerpt: ...aintiff alleged defect in F22 that, over time, resulted in slippage or dislodgment of front balancer shaft oil seal failed to state a valid CLRA claim because the allegations failed to identify any affirmative representations that the automobiles had any characteristic they do not have or are of a standard or quality they are not or allegations that manufacturer was bound to disclose defect]. See also, Bardin v. DaimlerChrysler Corp. (2006) 136 C...

Excerpt: ...ute. The parties subsequently filed separate responses on 3/20/20. The 3/20/20 filings make it clear that the parties are arguing about a pleading which has not been filed with the Court. Both sides now agree that the dispute is as to a Second Amended Complaint which attempts to assert twelve causes of action (“COAs”), beginning with a claim for “Violation of the Ralph Civil Rights Act” as COA 1. However, the SAC which was filed with the ...

Excerpt: ...stalled the allegedly-trespassing items. Indeed, from the pleading, it appears that the Plaintiff is also unsure. (See FAC ¶¶ 2, 5, 6.) This issue would be a matter for discovery and gathering of evidence. Judicial notice is reserved only for matters that are indisputably true or which could not be a subject of a reasonable dispute. (See Evid. Code § 452; Richtek USA, Inc., 242 Cal.App.4th 651, 660; Bounds v. Superior Court (2014) 229 Cal.App....

Excerpt: ...ute. The parties subsequently filed separate responses on 3/20/20. The 3/20/20 filings make it clear that the parties are arguing about a pleading which has not been filed with the Court. Both sides now agree that the dispute is as to a Second Amended Complaint which attempts to assert twelve causes of action (“COAs”), beginning with a claim for “Violation of the Ralph Civil Rights Act” as COA 1. However, the SAC which was filed with the ...

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...

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: ...flight from the scene, and (2) insufficiency of the evidence to support the amount of the damages award. Neither ground has merit. 1. There was no irregularity or error for admitting evidence of defendant's flight Before the trial, defendant moved to exclude defendant's post-accident conduct that consisted of defendant exiting his vehicle and yelling at the plaintiff then getting into his car and driving away. Defendant based his motion on Eviden...

Excerpt: ...e of service of written notice of entry of judgment or dismissal, or (3) 180 days after entry of judgment. (CRC 3.1700(a)(1); Daniels v. Robbins (2010) 182 Cal. App. 4th 204, 228.) The memorandum must include a supporting declaration affirming that the costs were reasonable and necessarily incurred. (CRC 3.1700(a)(1).) If the items in the cost bill appear on their face to be proper (by comparing the cost bill to the list of recoverable costs in C...

Excerpt: ... certain 911 calls and a missing person report of Camden Nicholson, and (3) confessions, witness statements and physical evidence. By agreement, plaintiffs have withdrawn the deposition subpoena for the cell phone. As such, only the depositions subpoenas for the 911 calls/missing person report and confessions, statements and physical evidence are at issue. City contends that the information and documents sought are part of the investigate police ...

Excerpt: ...on” or “Trucking Corporation R” with the same counsel, the McNeil Tropp firm. The Court will ask its counsel to address the correct name of this party as well as to make any appropriate corrections of the name in the record. Motion to Consolidate The Court GRANTS the Motion to Consolidate the cases of Hernandez v. Guzman, 2019- 1079884, with Brown v. Valleguzman, 2019-1097580, for purposes of discovery and for trial. However, the cases will...

Excerpt: ... signature is, in fact, the signature of the person the proponent claims it is. The statute states: ‘(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.' (Civ.Code, § 1633....