Excerpt: .... Petitioner asserts that the HOA violated several provisions of the Governing Documents by failing to hold annual elections for its Board of Directors ("Board") from 2018 to 2022. Petitioner alleges that the Bylaws require that the Board consist of five directors with staggered terms, with three directors elected on odd-numbered years and two elected on even-numbered years. Petitioner alleges that the Board currently has only three Directors. Pe...

Excerpt: ...he fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612-613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. (Lockley v. Law O...

Excerpt: ...; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Cal. Code Civ. Pro. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of prov...

Excerpt: ...ber 11, 2022; November 21 and 22, 2022; February 1 and 2, 2023; and March 22 and 23, 2023. on February 10, 2022, RHOC noticed Plaintiff's deposition for April 27, 2022. (Grant Decl. '1 2, Ex. A.) On September 21, 2022, RHOC served fts second notice of deposition on Plaintiff for October 11, 2022. (ld. at 9, Ex. C.) On October 19, 2022, RHOC served its third notice of deposition on Plaintiff for November 21 and 22, 2022. (ld. at 20, Ex. E.) On Jan...

Excerpt: ... a result Defendants committed various wage and hour violations. She also alleges in 2021 she began suffering severe pain in her knee and on August 16, 2021 she was placed on medical leave. Plaintiff returned to work in February 2022 and was retaliated against by refusing to allow her to return to her prior position of Training Coordinator, demoting her and requiring her to sit in her offce for an extra half hour without reason. On June 15, 2022,...

Excerpt: ...lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[Tlhere has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others." (Dunzweiler v. Sup. Ct. (1968) 257 Cal.App.2d 559, 576.) Courts will not ordinarily consider the validit...

Excerpt: ...Cal.4th 826, 850.) A defendant has met his or her burden under CCP of showing a cause of action has no merit if that party has shown that one or more of the elements of the cause of achon cannot be established, or that there is a complete defense to that cause of acton. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (C.C.P. Arcienaga v. Bank of...

Excerpt: ... 123 Cal.App.3d 593, 604.) "In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true." (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) "To survive a demurrer, the complaint need only allege facts suffcient to state a cause of action; eac...

Excerpt: ... R. Ct. 2.30(c.) It appears that Defendant contends that Plaintiff violated Cal. R. Ct. 3.1308(a)(1) which provides: The court must make its tentative ruling available by telephone and also, at the option of the court, by any other method designated by the court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. The tentatve ruling may also note any issu...

Excerpt: ...dgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. 5452 provides that "[i]n 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 granted with or without leave to amend. ...

Excerpt: ... are asserted against Defendant Hua Guo (a former property manager and corporate signer of Bloomage) and her related alter ego Defendants for Defendants' wrongful conversion of Bloomage's corporate funds. Plaintiff retained a forensic accountant to determine the extent of Defendants' wrongdoing and discovered that Defendants took at least $1.85 million directly from Bloomage's accounts, which is at least $1.25 million in excess of what Hua Guo co...

Excerpt: ...d title to the real property that it acquires; but instead transfers the property to a separate holding company that it owns and controls, and secures the interest of the investors by assigning them a membership interest in the new entity. (ld.) In mid-2021, Defendants Balcor, LLC ("Balcor") and Sam Ostayan ("Mr. Ostayan") (collectively, the "Balcor Defendants") listed a real property located at 11325 Magnolia Avenue, Riverside, California (the "...

Excerpt: ...hase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (See Keithly Dec., Exhibit A.) The only parties to the RISC are Plaintiff and the now dismissed dealer, Fritts Ford. FMC is not and does not claim to be an employee, agen...

Excerpt: ...failed to implement policies and procedures to prevent the spread of Covid-19 in County jails and failed to adequately screen for Covid-19 or do an analysis of the jail population to assess risks and create additional space in the facilities. The operative compliant is the second amended complaint. It asserts the following causes of acton: (1) 42 U.S.C. S 1983 and (2) 42 U.S.C. S 1983 (Monell Liability). Defendants contend that Plaintiffs sue thr...

Excerpt: ...ally operative language, assuming there is no genuine dispute regarding the document's authenticity"; and "the legal effect of the recorded document, when that effect is clear from its face." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 255, 255, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919; see Poseidon Development, Inc. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1118 [jud...

Excerpt: ..., CPG: Civ. Proc. Before Trial (TRG 2023) S 11:6 citing, O'Dell v. Freightliner corp. (1992) 10 cal.App.4th 645, 659.) (emphasis added.) A "dismissal is effective on tender, and all subsequent proceedings are void (other than issues relating to an award of attorney fees and costs or attacking the validity of the dismissal.)" (ld. S 11:6.1.) (emphasis added.) A voluntary dismissal of an entire action deprives the court of both subject matter and p...

Excerpt: ...) strict liability failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), "to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commercial vehicles, trucks and trailers, which included the S...

Excerpt: ...emises are a skilled nursing care facility and a residential care facility (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA" or "Defendant") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. CCV also alleges that the lessees failed to obtain the requ...

Excerpt: ... create conflicting rulings on common issues. (CCP S 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 petiton/motion 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. (CRC 3.1330...

Excerpt: ...3.290(b)(1). Based on County's counsel's declaration, it appears that the parties exchanged written communications in an attempt to resolve this matter. (Declaration of Christopher D. Lockwood, "1 2-7.) The attempts by County appear minimal but sufficient to meet their meet and confer requirement. Supplemental responses have been provided by Aron Garcia and Robert Madden. As such, this moton appears to be moot as to everything but sanctions as to...

Excerpt: ...r an order of the court. (CCP S 436.) As with a demurrer, on a motion to strike "the court treats as true the material facts alleged in the complaint, as well as any facts Page 3 of 9 which may be implied or inferred from those expressly alleged." (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 (footnote 2).) To support a demand for punitive damages under Civ. Code 53294, a plaintiff must plead and prove facts de...

Excerpt: ...ildren's Services, Inc. ("Lifeplan") is an filiate of the MSFH, which is and was, at all relevant times, owned and operated by Morris. (ld. at 9.) Defendant Edward Lawrence Kerin ("Kerin") is Morris' husband. (ld. at 7.) Plaintiffs Angel Ramirez and Alberto Ramirez ("Plaintiffs") are the parents of Diane Ramirez ("Diane"), the decedent in this case. (ld. at 2.) On August 3, 2021, a Grand Jury issued an Indictment against both Morris and Kerin for...

Excerpt: ...r Services Call Center Department. (Complaint, '18.) As a Team Manager, Plaintiff's job duties involved the day-to-day operations of customer service, managing a team of CSRs, and overseeing tens of thousands of calls per year that came into the call center during her shift. (ld„ '19.) Plaintiff held the position of Team Manager during the last three years of her employment. (ld., '18.) On November 29, 2021, Plaintiff alleges she took part in a...

Excerpt: ...isorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to being heavily intoxicated. Decedent was found dead on the floor of Kanukov's room where Kanukov admitted that Decedent had smoked heroin, w...

Excerpt: .... Plaintiff also request the imposition of monetary sanctions in the amount of $2,500 against Defendant on the grounds that Defendant served improper objections, evasive representations of inability to comply, and incomplete and inadequate responses.l At issue are RFPs 1, 2, 4, 5, 6 and 14. Plaintiff contends that it must obtain responsive documents to its RFPs, so that it can account of the present whereabouts of fts stolen corporate funds. Plai...