Excerpt: ...d the decedent's death for prescribing double the dose of the medication decedent was taking. Defendants now move for summary judgment, alternatively summary adjudication. The operative First Amended Complaint (“FAC”) alleges that, in August 2019, the decedent sought virtual care through the services of Defendant Teladoc Health, Inc., which put decedent in touch with Dr. Narasimhan, a psychiatrist, for a video consultation. (FAC, ¶16.) At th...

Excerpt: .../20 alleging causes of action for public nuisance, unpaid administrative fines and declaratory relief. Defendant Alex filed this Motion seeking leave to file a cross‐complaint. He contends that he originally tried to file his cross‐complaint with his answer on 2/5/21 which was accepted but not acknowledged by the Court as it was contained in the answer and titled a counter‐complaint. He contends that after a discussion with the Court on 8/1...

Excerpt: ...t, but counsel instructed the PMK to not answer questions. She argues evidence of billed but unpaid medical bills is relevant to prove or disprove the reasonable value of past medical bills, only if the bills are actually incurred. She contends that there is no information to demonstrate whether a trade secret value is outweighed. Mission argues that the subpoena is overbroad, burdensome and harassing. It argues that this involves financial priva...

Excerpt: ...he prayer, as well as strike the words “reckless, oppressive, and malicious” in the complaint. The court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc., § 436.) As to the punitive damages claim To support a demand for punitive damages under Civ. Code §3294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in Civ. Code §3294(c). The mere ...

Excerpt: ...endants' demurrer, Plaintiff filed the First Amended Complaint (FAC) on 7/13/21. The FAC asserts: (1) negligence (against all); (2) negligent supervision (against all); (3) negligent hiring/retention (against all); (4) negligent failure to warn train or educate (against all); (5) constructive fraud (Civil Code §1573) (against all); (6) breach of fiduciary duty (against all); (7) intentional infliction of emotional distress (against all); (8) sex...

Excerpt: ...rand Cherokee (the “Vehicle 1”). (Complaint, ¶ 15.) As part of the transaction, Plaintiff traded in a 2017 Fiat 500 for a $5,000 trade‐in allowance, and the amount owed on the Fiat, $13,354.91, was rolled into the cost of the Vehicle. (Id., ¶ 15.) However, soon after the transaction, Moss Bros cancelled the lease but failed to return Plaintiff's trade‐in vehicle, claiming that it no longer had possession of the Fiat. (Id., ¶ 16.) On No...

Excerpt: ...AC”) on November 12, 2021 against defendants Jim Carter (“Carter”) and Geraldine Escalante (“Escalante”) (together, “Defendants”). Plaintiffs allege that on April 27, 2021, their small 11‐year old dog, Roscoe, wandered onto property located in Canyon Lake owned by Escalante and at which Carter resides. (FAC, ¶¶ 17‐19, 21.) Although Carter knew that Roscoe was well‐groomed, friendly and wearing a collar, Carter – without pr...

Excerpt: ... Landmark failed to fulfill its contractual obligations to construct the projects in a quality, timely and cost‐efficient manner in accordance with the requirements of the contracts. The parties agreed to modifications of the completion date and cost, but Plaintiff alleges Watkins Landmark still did not complete any of the projects on time. (Comp. ¶25.) On February 10, 2020, PEC filed a Complaint in San Diego Superior Court against JL Hotels, ...

Excerpt: ... [“Alexander Decl.”], Ex. A, Lease Agreement, secs. 1.4, 1.9.) Plaintiff has been operating its health club and fitness facility at the leased premises since May of 2010. (Alexander Decl., ¶4.) On March 04, 2020, Governor Newsom declared a State of Emergency as a result of the Covid19 Pandemic. (Request for Judicial Notice in support of Motion [“Plaintiff's RJN”], Ex. 5.) Subsequently, on March 19, 2020, the governor issued the “stay�...

Excerpt: .... Arbor reconveyed the lien without recording the deed of trust. Plaintiff filed this action on 3/5/21, and after Defendant demurred filed the First Amended Complaint (FAC) as a matter of right on 10/4/21. The FAC asserts: (1) breach of contract (against all); (2) breach of the implied covenant of good faith and fair dealing (against all); (3) negligence (against Arbor); (4) impression of an equitable lien (against Acosta and Prosperity); (5) pro...

Excerpt: ...rocal Easements (“CC&Rs”) to govern the development, subdivision, improvement, sale, lease, and conveyance of interests in the property. The CC&Rs provide for non‐exclusive perpetual easements appurtenant to each tract and parcel within the property for “ingress, egress, driveway use, parking, loading and unloading of commercial and other vehicles, and otherwise for the enjoyment, comfort and convenience of customers, invitees, licensees,...

Excerpt: ...provements Project for Limonite at I‐15. Defendant So. Cal Traffic, Inc. was a subcontractor on the project, contracted with to provide traffic control for work on the Project. As part of the subcontract, So Cal Traffic agreed to indemnify Atkinson for claims arising out of So. Cal Traffic's performance under the subcontract. Atkinson has filed a cross‐complaint against So. Cal Traffic and other cross‐defendants, alleging causes of action f...

Excerpt: ...ployer(s) discriminated and harassed her on the basis of sex or gender, race, national origin, age, disability and pregnancy. It appears that at least some acts of discrimination or harassment were allegedly committed by Defendants' employee, Defendant Amoreena Leyva (“Leyva”). Magnolia Grand was sold to Defendant Cascade Living Group (“Cascade”) while Plaintiff was on pregnancy disability leave, at which point Plaintiff was terminated. O...

Excerpt: ...t GM is withholding responsive documents. DENY the motion as to RPD Nos. 10 and 42. Factual / Procedural Context: Plaintiff, Roberto C. Ramirez Avila, alleges that on 8/31/17, he purchased a 2017 GMC Terrain manufactured by Defendant, General Motors, LLC (GM). He alleges that during the warranty period, the vehicle contained or developed defects to the body system, transmission system, mechanical system, and emission system. He alleges that GM an...

Excerpt: ...ims which are insufficiently alleged in the second amended complaint. Plaintiffs shall file their amended pleading within 20 days. Factual / Procedural Context: Plaintiffs Carl Pongs (“Pongs”) and Richard Moslenko (“Moslenko”) (collectively, “plaintiffs”) allege they are minority shareholders of the Gage Canal Company (“Gage”), a mutual water service company, and that the majority shareholder, defendant City of Riverside (City), i...

Excerpt: ...d, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the pleading will also be accepted as true and, if contrary all...

Excerpt: ...ith a suspended driver's license the automobile owned by Yang Song, who knew, or with reasonable diligence would have known, James Raynor's license was suspended as a result of multiple count of Driving Under the Influence. (Complaint, ¶¶7‐9.) While driving Yang Song's automobile, James Raynor made an unsafe turn and caused Plaintiff's vehicle to collide with his. (Complaint, ¶12.) As a result of the collision, Plaintiffs sustained injuries ...

Excerpt: ... the rights or safety of others,” while oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” (Civ. Code § 3294(c)(1)‐(2).) Despicable conduct is conduct that is base, vile or contemptible. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) The mere allegation that an intentional tort was committed is not sufficient to warrant a...

Excerpt: ...lleges in the FAC that on the date of the accident, Plaintiff slipped and fell “due to build up over time of excessive algae growth, the buildup of oil, grease and other substances deposited by boats at the boat launch area” which Defendant allowed to remain on its premises, notwithstanding the fact that Defendant knew or should have known that the “subject excess algae growth in the boat launch area was inherently dangerous, and that failu...

Excerpt: ...and affirmatively on the face of the complaint, which includes matters alleged in exhibits attached to the complaint. (Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971; Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context (Moore v. Regents of University of California (1990) 51 Cal...

Excerpt: ...ufacturer may disclaim those implied warranties, and providing mechanisms to ensure that manufacturers live up to the terms of any express warranty.” (Ibid; see also Civ. Code §§ 1792‐1792.5, 1793, 1793.2.) Civil Code section 1793.2(a)(3) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: … (3) Make available to authorized service and repair facilities su...

Excerpt: ...ladys Guzman alleges she is a 58‐year old Asian woman who was employed as a District Manager by defendant Zales Delaware Inc. (“Zales”) for over 20 years when she was terminated from her employment on July 31, 2020. Plaintiff alleges that starting in 2017, defendants began promoting a new target demographic for its stores and sought to layoff older employees. Plaintiff alleges she was terminated because of her age, race, ethnicity, ancestry...

Excerpt: ...eased for use primarily for personal, family, or household purposes, except for clothing and consumables.” (Civil Code §1791(a).) Generally, for purposes of Civil Code §§1793.2(d) and 1793.22, a new motor vehicle is “a new motor vehicle which is used or bought for use primarily for personal, family, or household purposes.” (Civil Code §1793.22(e)(1).) It “does not include any portion designed, used, or maintained primarily for human h...

Excerpt: ...A special demurrer, other than subsections (a) & (e) of section 430.10, on the other hand, attacks the complaint on other grounds, such as uncertainty, misjoinder, lack of legal capacity or failure to identify the contract as oral, written, or implied by conduct. (See Code Civ. Proc., § 430.10(f).) The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The “face of the...

Excerpt: ...or Terminating Sanctions (as well as Papp's declaration and request for judicial notice.) The notices request that the filings/contentions be stricken, that Defendant Tye and Papp be ordered to pay monetary sanctions to the Court and an order issue that Papp may not repeat any personal attacks on Plaintiff. In general, Plaintiff attacks specific statements in the filings claiming they are either irrelevant, false and/or brought for an improper pu...