Excerpt: ...ace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court. Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a supe...

Excerpt: ...21, the Summons and Complaint were served on Defendants via substituted service. On February 9, 2022, the Clerk entered Default against all Defendants. On July 25, 2022, Plaintiffs filed a Request for Default Judgment, which is pending before the Court. *** Defendants now move to set aside the Default entered against them on the grounds that it was entered through mistake and gross misconduct and negligence of their prior legal counsel in violati...

Excerpt: ... the challenged causes of action, and make unnecessary disparaging comments concerning Plaintiffs' counsel. As discussed below, the FAC sufficiently alleges the challenged causes of action. 2nd Cause of Action for Nuisance A nuisance is broadly defined as a nontrespassory interference with the use and enjoyment of land. (San Diego Gas & Elec. Co. v. Sup. Ct. (Covalt) (1996) 13 Cal.4th 893, 937.) A nuisance may be public, private, or both. (Adams ...

Excerpt: ...oner is an unincorporated association made up of current residents of the City. (Petition, ¶ 7.) Bogert, who passed away in 2009, first served as an appointed mayor from April 1958 to January 1966 and became the City's first directly‐elected mayor in 1982, serving until 1988. (Id., ¶¶ 11‐12.) In March 1990, the City placed a bronze statue of Bogert sitting astride a horse at City Hall (the “Statue”). (Id., ¶ 15.) The Statue, which was...

Excerpt: ...atement of Undisputed Material Fact [“PSSUMF”] ¶ 13.) As Plaintiff allegedly laid face down bleeding, Defendant rode past her and said “How does that feel, Teresa?” (Id. at ¶ 7.) Plaintiff allegedly begged Defendant for help but Defendant ignored Plaintiff and continued riding. (Id.) On November 19, 2018, Plaintiff filed a request for civil harassment restraining order against Defendant based on the above incident. (Id. at ¶ 1.) The co...

Excerpt: ... The leased premises are a skilled nursing care facility and a residential care facility (RCFE). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute (CPA) and Corona RCFE, LLC (RCFE) (Assignment). Also on this date, Versacare and CPA entered into the Third Amendment to the Amended and Restate Facility Lease Agreement. The Assignment provided that in the event CPA and Corona RCFE did not receive adequate facility licensure ...

Excerpt: ... Code Civ. Pro. § 2031.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clemen...

Excerpt: ...tween the same parties or parties in privity with them.' Claim preclusion arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” Id. If claim preclusion applies, it bars litigation of said causes of action. Id. “Issue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different cau...

Excerpt: ...ept as true their contents. (Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) I'm not sure how relevant the information is, but Defendant does not oppose the request. GRANT. III. Evidentiary Objections Plaintiff objects to facts outside the four corners of the pleading. The objection is valid because such extrinsic facts cannot be considered on a demurrer. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App....

Excerpt: ...issues. CCP §1281.2. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479. The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (200...

Excerpt: ...ill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaintiff.” (J...

Excerpt: ...2018, at an advanced stage of construction, Eze expressed concern to building inspector, Michael Almandinger (“Building Inspector”) that electric power lines were dangerously close to the open second‐story terrace, exposing his family to radiation. Eze suggested putting a cover, i.e., patio deck, to minimize radiation exposure. (Petition, ¶ 11.) The Building Inspector advised Eze that he will have to provide an approved plan or get a varia...

Excerpt: ...ff alleges that beginning in 2013, Employer's Senior Vice President, Defendant Robert T. Perez (“Perez”) began harassing Plaintiff. Plaintiff alleges that Perez made inappropriate sexual comments to Plaintiff, asked her for dates and touched and caressed her on multiple occasions. Furthermore, Perez allegedly sent emails containing naked pictures of his genitals. Plaintiff asserts that she felt she would be terminated if she complained. Plain...

Excerpt: ... of Christopher Bowen. Defendant further asserts almost the entirety of the requests are Page 8 of 9 procedurally improper, vague/confusing/unintelligible and/or ask for explanations of prior discovery responses or pleadings. Defendant contends Plaintiff's separate statement is procedurally improper and requests sanctions in the amount of $4,680 for having to oppose this Motion. The Reply reasserts many of the same arguments made in the moving pa...

Excerpt: ...sham pleading doctrine, a plaintiff cannot avoid allegations that are determinative to a cause of action simply by filing an amended complaint which omits the problematic facts or pleads facts inconsistent with those alleged in the original complaint. The doctrine precludes a plaintiff from amending a complaint to omit harmful allegations without explanation, from previous complaints to avoid attacks raised in demurrers.” (Tindell v. Murphy (20...

Excerpt: ...irements. These documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4t...

Excerpt: ...) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action, or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To negate an element, the defendant must establish that plaintiff's claims fails as a matter of law. (Eriksson v. Nunnick (2011) 191 Cal.App.4th 826, 849 (applying rule to issues of duty).) To demonstr...

Excerpt: ...cient personal knowledge for the statements and the statements either come within a hearsay objection or are not hearsay. the Court OVERRULE the objections. Defendants object to statements made in the 7/27/22 declaration of counsel Martin S. Rudoy based on lack of personal knowledge, lack of foundation, secondary evidence rule and uncertainty. The written objections are not properly formatted because they are not numbered consecutively. (See e.g....

Excerpt: ...n with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the...

Excerpt: ... interrogatory no. 17.1, subpart (b) contains objections only with no facts to support the denials. Defendant has since provided amended responses which provides substantive facts supporting each of these denials. (Declaration of Sean Speciale, Ex. 11.) Plaintiff mistakenly argues the response as to RFA nos. 29‐31 remain deficient. Though Plaintiff may not agree or like the answer, Defendant provided substantive code‐compliant responses. DENY...

Excerpt: ...mmencement and prosecution of such action.” The parties agree Plaintiff is the prevailing party. At issue in this motion is the reasonableness of Plaintiff's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Courts generally consider several factors in determining the reasonableness of a party's attorney's fe...

Excerpt: ...2030.220(a), (b).) “If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” (CCP §2030.220(c).) Responding party is not under a duty to make inquiry from indepen...

Excerpt: ... the court's personal jurisdiction on the ground of improper service of process, the plaintiff has the burden to prove the existence of jurisdiction by proving the facts requisite to an effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) The filing of a proof of service creates a rebuttable presumption that service was proper only if the proof of service complies with the applicable statutory requirements. (Evidence Code �...

Excerpt: ...atements made by the Chief of Police and contains statements and images that are, at least arguably, unfairly prejudicial. While the video – or at least portions of it – may be admissible on a motion for summary judgment, the court will not permit the hearing on present demurrer to be turned into a contested evidentiary hearing. (See Del E. Webb, supra, 123 Cal.App.3d at 605; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374‐37...

Excerpt: ... a meet and confer declaration under CCP § 2016.040 be submitted with the motion. The declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) Kimberly Tso Special Interrogatories (140,141 and 162) Defendant has provided substantive responses that he does not have the contact information for Kimberly Tso (140), he has had no contact with Kimber...