Excerpt: ...d ultimately prove by clear and convincing evidence) facts establishing that defendant: (1) had responsibility for meeting the basic needs of the elder or dependent adult, such as nutrition, hydration, hygiene, or medical care; (2) knew of conditions that made the elder or dependent adult unable to provide for his or her own basic needs; and (3) denied or withheld goods or services necessary to meet the elder or dependent adult's basic needs, eit...

Excerpt: ...tions Order compelling deposition of Alexis Lunn, contempt, sanctions FACTUAL BACKGROUND: Plaintiff Toni Lawson-Apana alleges that she leased a vehicle from defendant Sunrise Ford, which vehicle was manufactured by defendant Ford Motor Company, and which was equipped with a Power Liftgate System, an electrical opening and closing system. Plaintiff alleges that contrary to defendants' representations regarding the subject vehicle's safety and reli...

Excerpt: ...egelin RELIEF REQUESTED: Strike punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Survival Action Negligence and Premises Liability 2) Wrongful Death SUMMARY OF FACTS: Plaintiffs the Estate of Richard Charles Wegelin and Jennafer Leigh Weglin, the natural daughter of Richard Charles Wegelin, bring this action against defendants Brilliant Management, Inc., Hsiao Ping Wang, and Debra Gray, alleging that defendants owned, leased, po...

Excerpt: ...AL BACKGROUND: Plaintiff Min Lu aka Victoria Lu alleges that while working as a server at a restaurant owned and operated by defendants Shanghailander Palace and Shanghailander Palace Arcadia, she was repeatedly touched in a sexual manner by defendant Qinguuan Yan, who was employed by the restaurant as one of its managers. Plaintiff alleges that Yan would also make sexualized comments about plaintiff's body, spread rumors about plaintiff, and exp...

Excerpt: ...CTUAL AND PROCEDURAL BACKGROUND: Plaintiffs Prashant Vaghashia and Mita Vaghashia allege that beginning in June of 2016, they became insurance policy holders with defendants Kookmin Best Insurance Co., Ltd. (“KBIC”) and Pro-Am Insurance Agency, Inc., pursuant to a policy which provides for General Commercial property and liability coverage, and covers plaintiffs and their business, motels and hotels, and requires defendants to defend plaintif...

Excerpt: ...intiff Diahanna Allen alleges that she is 87 years old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Highland Avenue and 1613 Highland Avenue. Plaintiff alleges that the 1538 Property contains a one-story main house, a garage and guest house, and that in 2012, plaintiff met with defendants Oran Belillti (“Oran”) (Note: defendants appear to spe...

Excerpt: ...ntentional Interference with Prospective Economic Advantage 4) Negligent Interference with Prospective Economic Advantage 5) Civil Conspiracy 6) Unjust Enrichment 7) Unfair Business Practices 8) Quiet Title 9) Declaratory Relief SUMMARY OF FACTS: Plaintiff William Brad McAlpin alleges that in March of 2001 he obtained a judgment against Mark Blakey, which judgment was renewed, and has a present balance in excess of $600,000. Plaintiff alleges tha...

Excerpt: ... Mona Seraji improperly seeks an injunction in an attempt to attach defendant's property before judgment without complying with CCP § 483.010 et seq. The Court disagrees. The subject prayers for relief seek equitable and/or injunctive relief in connection with relief that might be afforded by a judgment entered in plaintiff's favor. By its very nature, such relief is post- judgment, and not impermissible pre-judgment relief. Further, the Court n...

Excerpt: ...complete medical records and billing records from Kaiser. Plaintiff has objected. Defendant Weitzel now seeks an order compelling plaintiff to provide authorization for the release of all such records. On February 21, 2020, the Court held a hearing on Defendant's Motion to Compel Plaintiff to Provide Authorization for the Release of Records from Kaiser Permanente. After continuing the hearing and receiving additional briefing and evidence from th...

Excerpt: ...se Management Conference (“CMC”) was held on June 4, 2018. During the CMC, the trial was initially set for June 3, 2019. This motion for judgment on the pleadings was not filed until January 30, 2020. However, § 438(e) provides explicitly for an untimely motion to be heard if the Court “otherwise permits,” and the Court in its discretion considers the motion on the merits, because the fraud causes of action are not pled with the required...

Excerpt: ...alleges that her disability resulted from her hip fracture, which limited her mobility. (Amended Compl. ¶¶ 30, 39, 41.) After plaintiff sought damages for the incident, defendants moved the rent check deposit box from the first floor to the second floor, which plaintiff could not access. (Id. ¶¶ 22, 39.) While defendants initially accommodated plaintiff's disability by picking up her rent check from plaintiff's first floor apartment, defendan...

Excerpt: ...gton Memorial Hospital (“Huntington”) had filed a demurrer and motion to strike with respect to the original Complaint on November 1, 2019. The Second Amended Complaint is hereby STRICKEN on the Court's own motion. Accordingly, the operative complaint is the First Amended Complaint (“FAC”), and the Court will address the instant demurrers and motion to strike, which concern that pleading. The Court notes that plaintiff Susan Harman's oppo...

Excerpt: ...or sanctions, entitled, in part, “Plaintiff's Response to All Defendants' Motion for Sanctions.” Per CCP § 1004(b), the opposition should have been filed and served at least nine court days in advance of the 2/21/20 hearing on the Motion for Sanctions. Plaintiff's Opposition was untimely filed on 2/14/20. In addition, based on the 2/13/20 Declaration of Reilley Lippman, the Court finds the opposition was untimely served as well. Indeed, acco...

Excerpt: ...clear whether Lobar is providing rhetorical background and atmospherics or is advancing an independent ground for judgment on the pleadings, Lobar argues or suggests in its moving papers that, because plaintiff itself discovered the Lobar Deed of Trust when conducting a pre- foreclosure investigation, plaintiff cannot rely on the purported negligence of other title companies that did not find and/or disclose the Lobar Deed of Trust “to conclude...

Excerpt: ...t records); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' requests for judicial notice as to Exhibits 2, 2A, and 6 is GRANTED, pursuant to Evidence Code § 452(d). Defendants' request for judicial notice as to Exhibit 5 is GRANTED. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-05 [“The court will take judicial notice of records such as admissions, answers to interrogatories, affidavits, and t...

Excerpt: ...complete medical records and billing records from Kaiser. Defendant Weitzel now seeks an order compelling plaintiff to provide authorization for the release of all such records. Defendant's Motion to Compel Plaintiff to Provide Authorization for the Release of Records from Kaiser Permanente is: (1) GRANTED as to plaintiff's medical records; and (2) GRANTED as to plaintiff's billing records, subject to the “first look” procedure set forth belo...

Excerpt: ...arbitration provision in the Retail Installment Sales Contract (“RISC”), which is signed by plaintiff and the dealership, governs claims pertaining to the purchase or condition of the vehicle encompassed in the RISC. Plaintiff does not dispute that the dealership is entitled to arbitration. Accordingly, the motion to compel arbitration is granted as to plaintiff's claims against defendant Fiat of Glendale. As for the manufacturer, it is undis...

Excerpt: ... two grounds: (1) uncertainty; and (2) lack of ripeness. Both grounds are unavailing. With respect to uncertainty, a demurrer for uncertainty must be “strictly construed” and only sustained where the subject pleading is so ambiguous and so unintelligible that it prevents a party from reasonably responding to the allegations before him or her. (Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) Here, the allegations in the Complai...

Excerpt: ...(“WORTHE”) Cross-Complaint, filed February 7, 2017, asserting six causes of action against TKE. I. REQUEST FOR JUDICIAL NOTICE TKE's requests for judicial notice contained in TKE's points and authorities and separate statement are DENIED. TKE is required to make such requests in a separate filing. (Cal. Rule of Court 3.1113(l) [“Any request for judicial notice must be made in a separate document listing the specific items for which notice i...

Excerpt: ... Broadcasting Licensee, LLC (“MRB”) fails to adequately explain how the separate matter to which the TRO pertains is connected to this action. Defendant MRB's Objection Nos. 6 and 7 are SUSTAINED based on lack of personal knowledge. MRB's other objections are OVERRULED. II. SUMMARY JUDGMENT MOTION There are two overarching issues in the MRB's motion: (1) whether there is a triable issue as to whether co-defendant Cat Chao published the allege...

Excerpt: ...of the document, not for the truth of the matters asserted therein. (Evid. Code § 452(d) (court records); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Plaintiffs' and defendant's evidentiary objections are OVERRULED. With respect to plaintiffs' objection to the Declaration of Mark Needham, M.D. based on Garibay v. Hemmat (2008) 161 Cal.App.4th 735, the Court notes that the Garibay Court never stated that the entirety of the medical rec...

Excerpt: ...t Bank of the West (“Bank of the West”); (4) Defendants JCP, LP (“JCP”) and Rediger Investment Corporation (“Rediger”); and (5) Defendant Stewart Title of California, Inc. (“Stewart Title”). I. FIRST CAUSE OF ACTION: NEGLIGENCE “The elements of any negligence cause of action are duty, breach of duty, proximate cause, and damages.” (Peredia v. HR Mobile Services, Inc. (2018) 25 Cal.App.5th 680, 687.) As to Inter Valley, “no l...

Excerpt: ...ondition. Plaintiff alleges that, while she was a patient at CSJ Providence St. Joseph, she was denied adequate, reasonable medical care and treatment, causing plaintiff to suffer neglect, abuse, infection and serious injuries. Defendant CSJ Providence St. Joseph Medical Center has moved for summary judgment or alternatively summary adjudication. For the reasons that follow, the Court GRANTS summary judgment in favor of the moving defendant. II. ...

Excerpt: ...future. Pursuant to Evidence Code §451(a), the Court takes judicial notice of Streets and Highways Code §70(c). Defendants The People of the State of California, Acting by and through the Department of Transportation (“Caltrans”) and California Housing Finance Agency's (“CalHFA”) objections to the exhibits attached to plaintiff's opposition are SUSTAINED. The Court considers only the four corners of the complaint, as well as matters tha...

Excerpt: ... objections go to the weight, and not the admissibility, of the evidence. I. FIRST AND SECOND CAUSES OF ACTION Triable issues of fact remain as to the first (negligence) and second (premises liability) causes of action. Plaintiff has raised triable issues of material fact with respect to whether the wheel stop at issue was a dangerous condition of which defendant reasonably should have been aware. (See Response to UMF Nos. 16, 17, and evidence ci...