Excerpt: ...e homes for profit. Plaintiff alleges that Justin Tye represented to their grandparent, Myron and Mary Jane Matika, that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff alleges these representations were made to both him and the grandparents...

Excerpt: ...air. Plaintiff alleges that in April 2021, he planned to travel to Riverside and attempted to make a reservation at a hotel (“Hotel”) owned and operated by Defendant Value Hotels Corp. dba Riverside Inn & Suites, Mahendra Patel and Jayshree Patel (“Defendants”). Plaintiff alleges that the Hotel's official reservation website, which is operated by Defendants or a third‐party on Defendants' behalf, does not provide sufficient information ...

Excerpt: ...lling to take the blame and pay the costs; the court must set aside the entry of default, default judgment or dismissal. (Lorenz v. Commercial Accept. Ins. Co. (1995) 40 Cal.App.4th 981, 989.) Without an attorney affidavit of fault, relief is discretionary and must be based on a showing of mistake, inadvertence, or surprise. (Id.) Plaintiffs misunderstand the relief sought. Under the mandatory relief portion, “a party is relieved from the conse...

Excerpt: ...n (1994) 8 Cal.4th 666, 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. First Cause of Action Wrongful Death – Negligence, Violations of Penal Code § 245.6, Civil Code §§ 43 and 52.1, Assault and Battery, Negligent Hiring, Supervision and Retention: “In California, all government tort liability must be based on statu...

Excerpt: ...ECC hired Johnson as a counselor. The state has subsequently arrested and charged Johnson for downloading and distributing child pornography. Defendant North American Division of Seventh Day Adventists (NAD) is the governing body for Seventh‐Day Adventists and had control over La Sierra Academy. Plaintiffs filed this action on 12/15/20 and filed the operative First Amended Complaint (FAC) on 4/29/21. The FAC asserts: (1) negligence (against all...

Excerpt: ...of all material facts which have been properly pleaded, of facts which may be inferred from those Page 4 of 5 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...

Excerpt: ...efendants informed him that the vehicle was not ready, but that he would have to pay $30 per day for parking and storage. As a result, Plaintiff hired a tow truck to move the vehicle, but Defendants demanded costs for parts and storage fees. Plaintiff was told that the vehicle was not reassembled because it was going to the junkyard. On November 11, 2020, Plaintiff filed his Complaint. He asserts four causes of action for: (1) Breach of Contract;...

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: ...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: ...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...