Excerpt: ...tory Plaintiff Bridget Hughes (“Plaintiff”) was employed by Defendant Southern California Permanente Medical Group (“Defendant”) from on or about February 1, 2010 to July 20, 2015. On or before July 20, 2015, Defendant alleged that Plaintiff falsified the educational history on her employment application. Defendant placed Plaintiff on paid suspension while Defendant conducted an investigation as to whether Plaintiff violated Defendant's c...

Excerpt: ...party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (CCP § 128.5(a).) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, c...

Excerpt: ...ses of action. Moving Party to give NOTICE. Background Plaintiff STEARNS, CONRAD AND SCHMIDT dba SCS ENGINEERS (“SCS”) and Defendant Rockview Dairies, Inc. (“Rockview”) entered into a written consulting agreement for professional services, including environmental consulting and compliance assistance, concerning properly located at 205 E. Carson Street in Carson, California. SCS provided a variety of ongoing site investigation services and...

Excerpt: ...s are overruled. Alpha's evidentiary objections to Waghalter's declaration is sustained as to objections 2-3 and overruled as to objections 1 and 4. Objections to Solomon's declaration are overruled. Pleadings The First Amended Complaint (“FAC”) alleges that on 3/8/17, while Plaintiff was having cervical spine surgery, the compression device caused injury to Plaintiff's body and nervous system. The FAC asserts a single cause of action for Neg...

Excerpt: ... and The SOSA CORPORATION's (collectively “Sosa”) Subject Cross-Complaint was filed against RICHARD HERNANDEZ on September 25, 2019. The Cross-Complaint asserts the following causes of action: (1) Conversion; (2) Constructive Trust; (3) Accounting; (4) Breach of Fiduciary Duty; and (5) Resulting Trust. Demurrer: CCP §428.50 states: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complai...

Excerpt: ...2018. Co-Defendants/Cross-Complainants PETER HARTWICK, ANDREA HARTWICK, and HARTWICK COMBUSTION TECHNOLOGIES, INC. (collectively “Hartwicks”) filed the Subject First Amended Cross-Complaint (“FAXC”) on June 19, 2019. The FAXC alleges that the City took various actions that directly affected the Hartwicks rights to the Subject Property. In this action, the Hartwicks seek to sue the City for purported violations of their Due Process and Equ...

Excerpt: ... facts sufficient to constitute a cause of action and are uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds the complaint is not so uncertain that Defendant cannot reasonable respond. Demurrer on ground of uncertainty is OVERRULED. 2nd CAUSE OF ACTION BREACH OF I...

Excerpt: ...demur to the 3 rd – 4 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. 3rd – 4 th CAUSES OF ACTION FAILURE TO PAY MINIMUM WAGE and FAILURE TO FURNISH ACCURATE ITEMIZED WAGE STATEMENTS: Industrial Welfare Commission (“IWC”) Order No. 4-2001, section 9(b) provides, “When tools or equipment are required by the employer or are necessary to the performance of a job, such tools and eq...

Excerpt: ...to the 2 nd – 5 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. 2nd – 3 RD CAUSES OF ACTION STRICT PRODUCTS LIABILITY and BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY: A manufacturer, distributor, or retailer is liable in tort if a defect in the manufacture or design of its product causes injury while the product is being used in a reasonably foreseeable way." (Soule v. GM Corp. (19...

Excerpt: ...) The Court may make this determination pursuant to a motion for protective order by a party or other affected person. (Id.) The court shall restrict the frequency or extent of use of the discovery methods listed in CCP §2019.010 if it determines either of the following: (1) The discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (2) The ...

Excerpt: ...ertinent part, “In August 2009, Antonia Rivas was 65 years of age (D.O.B. 8/8/1944) and residing at her Property in Los Angeles County, California. In August 2009, Defendants conspired to take their mother's rental income and eventually, her Property by having Jose G. Gonzalez falsely tell Antonia Rivas that he would collect the rental income on her behalf and save the money for her in a bank account, and give the money and interest to the moth...

Excerpt: ...ike, the Moving Party must engage in a specified meet and confer process with the party who filed the pleading at issue for the purpose of determining whether an agreement can be reached as to the filing of an amended pleading that would resolve the objections to be raised in the motion to strike. A declaration setting forth such meet and confer efforts must accompany the motion to strike. (CCP § 435.5(a)(3).) The Court finds that the Moving Def...

Excerpt: ...ions Plaintiff's evidentiary objections are overruled. Plaintiff improperly lodged objections within the separate statement, and failed to comply with the mandatory provisions of CRC 3.1354. BNSF's evidentiary Objections1-11 are also overruled. Complaint Plaintiff Juarez alleges that he was employed by BNSF as a machine operator on 10/27/13. While moving his machine at a low rate of speed to get equipment off the tracks, Juarez collided with a st...

Excerpt: ...DENIED. Plaintiffs to give NOTICE. Defendant Collaro Property Management, Inc.'s moves to quash the subpoena served on Colony Specialty Ins. Co. and individual Defendant Collaro moves to quash the subpoena served on State Farm Insurance pursuant to CCP 1987.1. The operative Third Amended Complaint alleges that Defendant Navarro entered the common area of Plaintiffs' residence with his vehicle and ran over Plaintiffs while intoxicated. Plaintiffs ...

Excerpt: ...nt to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and ...

Excerpt: ...c. Defendant's objection to Statement of Answers is sustained. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) On 10/10/18, Plaintiff filed a complaint, alleging a single cause of action for False Imprisonment. The Complaint alleges that on 11/17/17, Plainti...

Excerpt: ...efendant Magnum Property Investments, LLC demurs to the 3 rd, 6 th and Injunctive Relief causes of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. 3RD CAUSE OF ACTION QUIET TITLE: “[B]ecause the property has already been sold, quiet title is no longer an appropriate action to seek to undo the foreclosure. Plaintiff's claim to title has already been extinguished. Because the pr...

Excerpt: ...hin 30 days. Moving Party to give Notice. Defendant AAA Solar Electric, Inc. (“AAA”) moves for terminating and monetary sanctions in the sum of $18,860.00 against Plaintiff WnG Construction JV, Inc. (“WnG”) and its counsel of record, Cummins & White, LLP pursuant to CCP § 2023.020. If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating...

Excerpt: ...estments, LLC fails to state in its notice whether it is generally or specially demurring, and what causes of action are at issue. (CCP §§ 430.50 and 430.60.) However, because the body of the demurrer only addresses the 1 st – 6 th causes of action, this court will treat the demurrer as a general demurrer to only those causes of action. JUDICIAL NOTICE is taken of the Lease, which was attached to the FAC and made a part of the court file. (Ev...

Excerpt: ...e; and (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. If the court grants the motion, it must set the case for trial within 120 days after the motion is granted. (CCP 36(f).) Plaintiff is 72 years old. Plaintiff declares that he is being treated for Diabetes and High Blood Pressure, and recently underwent an operation for amputation of one of his toes due to Ga...

Excerpt: ...n December 7, 2018, asserts the following causes of action: (1) Violation of Cal. Civ. Code §2923.7; (2) Breach of Contract; (3) Breach of Implied Covenant of Good Faith and Fair Dealing; (4) Negligence; (5) Unfair Business Practice; and (6) Accounting. Defendant demurs to all causes of action based on CCP § 430.10(e). Defendant's request for judicial notice is GRANTED with respect to the existence of the documents, but not as to any hearsay st...

Excerpt: ...art, “On or about 22 August 2015, Plaintiff went to [SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.'s] place of business to purchase a vehicle, and ended up purchasing a used 2012 Nissan Altima 4C…. [¶] Prior to purchasing the VEHICLE, Plaintiff specifically asked [SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.] if the VEHICLE had been in a prior accident, or asked about the history of the vehicle. [¶] [SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.] specifical...

Excerpt: ...GLENN DEBELLO admitted is GRANTED. CCP §2033.280. Plaintiff GLENN DEBELLO is ORDERED to pay Defendant and its counsel of record, sanctions in the total amount of $710.00 ($295/hr. x 2 hrs.) + ($120 costs) no later than 30 days from the Court's issuance of this Order. Plaintiff GLENN DEBELLO is ORDERED to provide verified responses and documents to Request for Production of Documents (Set One) without objection no later than 15 days from the Cour...

Excerpt: ...rongful termination lawsuit against Plaintiff WISMETTAC ASIAN FOODS, INC. (“WAF”) alleging violations of the California Labor Code (“2013 action”). (See RJN, Ex. 1.) The subject action was filed by WAF against Defendants KIM and CHOE on January 20, 2016 (“2016 action”). The relevant facts are as follows: WAF is engaged in the wholesale and distribution of Asian food products. WAF brought this action against its former employees (Co- d...

Excerpt: ...sts of partition “include: (a) [r]easonable attorney's fees incurred or paid by a party for the common benefit…” (CCP §874.010(a).) In determining whether to award attorney's fees, whether the services in question are for the common benefit must be decided on the facts and circumstances in each case. Nevertheless, the case authorities hold that attorney's fees may be awarded for litigating contested issues in partition actions if that liti...