Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...en from the court's records. Monetary Sanctions under Cal. Code Civ. Pro. §128.5: Pursuant to Cal. Code Civ. Pro. §128.5, a trial court may order a party to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad‐faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (Cal. Code Civ. Pro. §128.5(a).) “Frivolous” means totally and completely without merit or f...

Excerpt: ... baseline amount. The contract also provided for an additional discretionary bonus based on the number of billable hours. In 2016, the Firm allegedly promoted Talkov to partner in order to avoid paying over a $28,000 bonus. Additionally, the Firm and Defendant Reid & Hellyer Employees 401(k) Profit Sharing Plan (“Plan”) failed to provide the employer‐matching component to the Talkov's 401(k) account. The Firm allegedly experienced significa...

Excerpt: ...019, arguing that defense experts Dr. Karl Steinberg and registered nurse Sandra Higelin have determined Defendant did not breach the applicable standard of care. The original hearing on February 19, 2020, was continued multiple times due to numerous procedural mishaps by Plaintiff and due to the pandemic‐related court closure. Defendant subsequently re‐filed the MSJ re: Breach on September 2, 2020. On July 15, 2020, Defendant filed a second ...

Excerpt: ...the motion for summary adjudication of the 3rd cause of action on the ground that Plaintiff failed to meet his initial burden. DENY the motion as to the 4th cause of action on the ground that Cor‐Ray has raised triable issues of material fact as to UMF Nos. 46‐48, 50, 52. Factual / Procedural Context Plaintiff, W.M. Lyles, alleges it is a licensed general contractor which was the successful bidder on a public works construction project referr...

Excerpt: ...atter. As with a demurrer, the party filing a motion to strike must meet and confer prior to filing the motion. C.C.P. §435.5. As is stated in the supporting Bridwell declaration, ¶¶3‐4, defendant's counsel both sent a letter regarding the subject of this motion and discussed the matter by phone. This is sufficient. The court may, upon a motion made pursuant to C.C.P. §435, or at any time in its discretion, and upon terms it deems proper st...

Excerpt: ...defendant intentionally concealed the fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment can be based on facts known only to a defendant, defendant knows plaintif...

Excerpt: ...torms flooded Plaintiffs' homes and properties. In a prior action, the parties reached a settlement agreement that provided for Beazer to compensate Plaintiffs for the damage and to make necessary repairs. As part of the settlement agreement, Beazer was to prepare and submit plans for the repairs to the City for approval. To date, Beazer has submitted various plans to the City but none have been approved. Plaintiffs allege that their properties h...

Excerpt: ...Baker (1999) 20 Cal.4th 23, 33.) Under Welf. & Inst. Code, § 15610.07, abuse of an elder or dependent adult means either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect under the law is defined as the “negl...

Excerpt: ...ness Interruption” coverage. The Policies were procured by Defendant Acrisure of California dba Brakke‐ Schafnitz Brokers (“Brokers”). On March 19, 2020, in response to the global COVID‐19 pandemic, Governor Gavin Newsom, issued an executive order closing all non‐essential business and requiring non‐ essential workers to shelter at home. (“Executive Order”). As a result of the order, Plaintiff's showrooms were closed and all man...

Excerpt: ...d nursing facility for postoperative care from July 11, 2016 until he was discharged in August 26, 2016. During this time, Defendant's staff allegedly left Decedent in the bed for hours and did not move him every 2 hours as medically required. In addition, they did not care for his personal hygiene as they left him in his urine and feces. As a result, he developed two stage IV bedsores. Plaintiff filed the original complaint on August 22, 2017 an...

Excerpt: ... were aware of and failed to disclose. On 12/1/18, 12/14/18, 1/11/19 and 2/1/19, Plaintiffs brought their vehicle to an authorized dealer for repair and each time, the vehicle was never fixed. Plaintiff filed the Complaint on 7/16/20 and First Amended Complaint (FAC) on 11/3/20 asserting causes of action for: (1) Breach of Express Warranty—Violation of Song‐Beverly Act; Page 8 of 10 (2) Breach of Implied Warranty—Violation of Song Beverly A...

Excerpt: ...irst document under Evid. Code §452(c) as it pertains to the official acts of the state. The court can properly take judicial notice of the second and third documents under Evid. Code §452(d) as they are court records. Defendants' requests should be granted. II. Meet and Confer CCP §§ 430.41(a) & 435.5(a) provide, in pertinent part, that before filing a Demurrer or Motion to Strike “the moving party shall meet and confer in person or by tel...

Excerpt: ...y of theories of recovery, including breach of contract, violation of due process, discrimination, slander, defamation, and obstruction of justice. Plaintiff argues the property was taken without just compensation and she is entitled to $1,800 per month until possession is returned. On 9/23/20, the court granted the County of Riverside's motion to quash and recommended that plaintiff seek legal advice for assistance, but plaintiff is still repres...

Excerpt: ...parties agreed to a Compromise and Release in the amount of $50,497.14, which was later reduced to an order. Part of the order provided NPG would pay $25,000 directly to Villalobos. In April 2020, NPG sent a check for $25,000 to Howser made out to “Nathan Howser Law Client Trust Account” and not Villalobos directly. Howser returned the check and asked NPG to comply with the order. On May 15, 2020, Howser filed the Petition for Sanctions, Cost...

Excerpt: ...ges have been permitted in contract cases where a breach of duty directly causes physical injury, for breach of the covenant of good faith and fair dealing in insurance contracts, for wrongful discharge in violation of fundamental public policy, or where the contract was fraudulently induced.” (Erlich v. Menezes (1999) 21 Cal.4th 543, 551‐552, italics added.) “In each of these cases, the duty that gives rise to tort liability is either comp...

Excerpt: ...ges have been permitted in contract cases where a breach of duty directly causes physical injury, for breach of the covenant of good faith and fair dealing in insurance contracts, for wrongful discharge in violation of fundamental public policy, or where the contract was fraudulently induced.” (Erlich v. Menezes (1999) 21 Cal.4th 543, 551‐552, italics added.) “In each of these cases, the duty that gives rise to tort liability is either comp...

Excerpt: ...e motion. The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. CCP §452 provides that “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” If the motion for judgment on the pleadings is granted, it may be...

Excerpt: ... are legal questions for the court. (Merrill v. Navegar, Inc. (2001) 26 Cal.4th 465.) In general, a person has no duty to control the conduct of another, unless “the defendant stands in some special relationship to either the person whose conduct needs to be controlled or in a relationship to the foreseeable victim of that conduct.” (Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, 435.) Generally, there is no duty to...

Excerpt: ...o as Exhibit 43,” and, if so, the dosage, method of administration, and who administered the drug. Defendant responded by objecting because the “interrogatory does not include ‘Exhibit 43'. The document speaks for itself. Plaintiffs correctly argue that neither objection is well‐ taken. First, the interrogatories each sought information from defendant as to whether a particular drug was administered and a reference to Exhibit 43 must be s...

Excerpt: ...mple, in a medical malpractice claim for wrongful death of a newly‐born child, the doctor's declaration that he delivered a “still‐born” baby, was insufficient since the declaration fails to provide the evidentiary facts supporting the medical conclusion that the baby was still‐born. (Sesma v. Cueto (1982) 129 Cal.App.3d 108, 113.) Declarations submitted by the party opposing, once found admissible, are liberally construed, while the mo...

Excerpt: ...ocedure section 2025.230, a corporate party deponent must designate and produce for deposition those officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as to matter on which the examination is requested. The deposition notice must describe “with reasonable particularity the matters on which examination is requested.” (Ibid.) A request for documents may be made in connection with the PMQ d...

Excerpt: ...6) failure to prevent discrimination, harassment and retaliation; (7) retaliation (Labor Code §6310); (8) wrongful termination in violation of public policy; (9) violation of Labor Code §1102.5; (10) intentional infliction of emotional distress; (11) assault; (12) battery; and (13) negligent hiring, retention and supervision. Defendant Hinds demurs to the 9th cause of action on the grounds that it fails to state facts sufficient, because she is...

Excerpt: ...e both its legal description and its street address or common designation, if any.” C.C.P. §872.230(a). The cross‐ complaint alleges the legal description by incorporation of the description in a property profile, Exhibit “A” to the cross‐complaint. This description includes the tract number (2257), the lot number (417), the map book (42), and the map page (15), and is essentially the same as the one given in the recorded deed (RJN “...