Excerpt: ...3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, 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 ...

Excerpt: ...cy with HHS Construction, Inc. (“Insured”) and that embezzled funds from the Insured by using credit cards without permission. As a result of the embezzlement, plaintiff made payments under the insurance policy in the amount of $26,068.92, which it seeks to recover from defendants. The complaint states two causes of action. 1. Subrogation; 2. Indebtedness. Defendant Pope has been dismissed. The present motion is a motion to compel further res...

Excerpt: ...Plaintiff contends both documents were obtained through the bankruptcy court's website, making them court documents. The second document is a court order and is therefore a court document under Evid. Code §452(d). The first document appears to have been part of the court record, so the court can take judicial notice as to the existence of the document but not as to the truthfulness of its contents or the proper interpretation of the document. (F...

Excerpt: ...ether an action filed in California should be adjudicated elsewhere in the interest of substantial justice. (See CCP § 410.30(a); see also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group), § 3:407‐3:408.) Here, Defendants are not challenging the Superior Court as an inconvenient forum; rather, they are arguing that they will be prejudiced by allowing parallel proceedings in two separate tribunals. In any even...

Excerpt: ...e, the moving party must demonstrate relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th ...

Excerpt: ... I; (2) neuropsychological IME; and (3) orthopedic. (See Declaration of Staci A. Clark in Support (“Clark Decl.”), ¶ 7, Exhibit D.) Plaintiff responded that she would not agree to a neuropsychological examination without a court order. (Clark Decl., ¶ 8, Exhibit E.) On August 17, 2021, Defendant served a revised demand for a neurological IME (i.e., the day before the present motion was filed). (Clark Decl., ¶ 9, Exhibit F.) * * * Defendant...

Excerpt: ...e in extreme cases where the right to such action is clearly established. Id. In order to issue a preliminary injunction, the Court must balance the parties' interests. In balancing the parties' interests, the Court must exercise discretion “in favor of the party most likely to be injured . . . .” Robbins v. Superior Court (1985) 38 Cal.3d 199, 205. The Court is to consider two interrelated factors: 1) the injury to plaintiff in absence of th...

Excerpt: ...672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. Both parties appear to agree the third amended complaint asserts a cause of action for breach of implied contract. A contract can be either expressed or implied. Civil Code § 1619. “A breach of contract cause of action requires: (1) a contract between the parties, (2) perfo...

Excerpt: ...covery dispute. That is, the court is evaluating each discovery demand in relation to the claims made in this action. Accordingly, the court declines to rule on the objections. I. Meet & Confer Importantly, before filing a motion to compel a further response to ROGs or RFPs, the moving party must engage in a reasonable and good faith attempt to resolve informally each issue set forth in the motion and must file an appropriate declaration with the...

Excerpt: ...dicated “none,” which Defendant takes issue because Plaintiff's production indicates her medical billing was reduced or adjusted in accordance with insurance. However, Plaintiff indicates that the parties have never Page 5 of 7 met and conferred on this issue via the letters, but Defendant asserts that the parties met and conferred on the phone. This is sufficient. The real issue is that Defendant does not find Plaintiff's response credible, ...

Excerpt: ...ot assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First, Fourth, and Seventh Cause of Action for Breach of Contract: The necessary elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff's performance or her excuse of performance under the contract, (3) a breach of the agreement by the defendant, and (4) damages to plain...

Excerpt: ...ot assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First, Fourth, and Seventh Cause of Action for Breach of Contract: The necessary elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff's performance or her excuse of performance under the contract, (3) a breach of the agreement by the defendant, and (4) damages to plain...

Excerpt: ...dicated “none,” which Defendant takes issue because Plaintiff's production indicates her medical billing was reduced or adjusted in accordance with insurance. However, Plaintiff indicates that the parties have never Page 5 of 7 met and conferred on this issue via the letters, but Defendant asserts that the parties met and conferred on the phone. This is sufficient. The real issue is that Defendant does not find Plaintiff's response credible, ...

Excerpt: ...pted to run over Defendant with his car and that Plaintiff tried to t‐bone her. Plaintiff contends as a result of Defendant's statements, Ms. Dunway breached the contract and Plaintiff spent considerable time and expense in defending against said breach. Plaintiff filed the Complaint and now First Amended Complaint (FAC) alleging causes of action for (1) inducing breach of contract; (2) intentional interference with contractual relations; (3) i...

Excerpt: ...ion by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal. 3d 120,125.) The court Page 3 of 3 assumes the truth of all material facts which have been properly pleaded, 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 demu...

Excerpt: ...standing to bring the action, has an actual and substantial interest and stands to the benefited or injured by a judgment in the action. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5th 516, 525.) The present action identifies Gage as the real party in interest. Gage argues that the allegations of the FAC do not identify any action or wrongdoing on the part of Gage or by the board of directors; instead, the allegations are that the City misused its...

Excerpt: ...il where he spent 52 days in custody. When the sheriff's department booked him into custody, they incorrectly entered his civil violation in their database as a felony charge and then reported that inaccurate charge to the CA Department of Justice, creating a false criminal record for Roger. Page 4 of 10 Roger then brought suit against Defendants County of Riverside, Riverside County Sheriff's Department, and Stanley Sniff (“Defendants”) alle...

Excerpt: ...ch 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.) If the complaint fails to state a cause of action, the court must grant the plaintiff leave to amend if there is a re...

Excerpt: ... acts are not within the scope of employment and the alleged ratification of the acts does not impose liability for such acts. “Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person.” (Gov. Code, § 815, subd. (a).); McAllister v. Los Angeles Unified School District (2013) 216 Cal.App.4th 1198,...

Excerpt: ...of action for breach of lease. Defendants have filed this demurrer. They argue the merits of the case and provide a declaration and exhibits to support their contentions. In opposition, Plaintiff argues that Defendants are improperly arguing the merits of their defenses in this matter, instead of attacking any defects in the actual pleading. It asserts that Defendants cannot go beyond the scope of the pleading in bringing this motion. As such, De...

Excerpt: ... Moss, Inc. (“Moss”) has also been named as a defendant. The complaint contains no specific allegations regarding Moss. The complaint contains the following causes of action: (1) violation of the Song‐Beverly Act – breach of express warranty, and (2) violation of the Song‐Beverly Act – breach of implied warranty. Moss and FCA both bring separate motions to compel Plaintiffs to arbitration. They argue that under the Plaintiffs' retail ...

Excerpt: ...for her causing her to fall and sustain severe and permanent injuries. Plaintiff filed her Complaint on 7/1/19 alleging a single cause of action for medical malpractice. *** Defendant, Ivy, brings this motion for summary judgment on the ground that there is no triable issue of material fact. (CCP §437c.) Ivy asserts that it cannot be liable for medical treatment provided to Plaintiff at a facility that was not owned, possessed, nor controlled by...

Excerpt: ...tion, including actions seeking reimbursement. (Sparks v. Kern County Bd. of Supervisors (2009) 173 Cal.App.4th 794, 798; see also City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 743 [“When a claim for ‘money or damages' is not based on a governmental obligation to return specific property, it is subject to the claim requirements].) Importantly, a plaintiff must allege facts demonstrating or excusing compliance with the claim's pres...

Excerpt: ...he realized that two phones had been charged to her account without her knowledge, and that she had been paying for the unauthorized phones, she requested a refund of the money she had already paid and removal of the unauthorized phones. Instead, defendant refused to repay her or remove the unauthorized phones, demanding she pay for them. Then, while the dispute was ongoing, a third phone was charged to her account without her knowledge. Plaintif...

Excerpt: ...County); County of Riverside Department of Public Social Services, Children's Services Division (DPSS); Morris Small Family Home (Morris Home); Lifeplan Children's Services, Inc. (Lifeplan); Michelle Morris Kerin (Michelle Kerin); and Edward Lawrence Kerin (Edward Kerin). Plaintiffs bring this action on behalf of themselves and the Estate of Diane Ramirez. Plaintiffs allege that the decedent was placed by the County and DPSS under the care of Mic...