Excerpt: ...UA; NICHOLAS RODRIGUEZ; and ASHLEY ANDERSON (collectively “Plaintiffs”) on March 15, 2019. Plaintiffs allege, in pertinent part, “Sometime in or around October 2016, Plaintiffs formed a collective pursuant to Health & Safety Code. [¶] Plaintiffs together formed the collective because they each had a Physician's recommendation to cultivate and possess Marijuana. Specifically, together they had Physician's recommendation to cultivate and pos...

Excerpt: ...int This case arises from an incident that occurred on or about 12/17/16, inside Penn Park in Whittier, California. Plaintiffs allege that City failed to maintain a large Blue Gum Eucalyptus tree. At the time of the incident, Plaintiffs were part of a wedding party, and had gathered in Penn Park to take photographs. As Plaintiffs posed for pictures near the base of the tree, it suddenly uprooted, and fell on Plaintiffs, killing Margarita Mojarro....

Excerpt: ...fendants KAISER FOUNDATION HEALTH PLAN, INC.; KAISER FOUNDATION HOSPITALS; SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP; FRANCISCO OROZCO, P.A.; FRANCESCA MARIAN VERRATI DI PAOLO, D.D.S.; JENNIFER HSU; and JULIAN JEROME WILSON, D.D.S. until conclusion of the arbitration. Moving Party to give notice. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that ...

Excerpt: ...quash deposition subpoena of Citizens Business Bank per CCP 1987.1. If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an oppor...

Excerpt: ...that Decedent Ardelia Walker suffered from pressure sores and sepsis, which resulted in her death at 92 years of age. Decedent was admitted to Lakewood Gardens on 4/19/16 to 5/18/16. At Lakewood Gardens documented that Decedent had a “little sore” on her left buttock and a “skin tear” on her left hip. On 5/18/16, she was then transferred to Kaiser Permanents for treatment, and despite the records at Lakewood Gardens, Kaiser documented thr...

Excerpt: ...identiary objections are OVERRULED. PLEADINGS This action is brought by Plaintiffs Leonel Carrasco Torres and Maria Del Carmen Reyes Sanchez against Defendants Harry J. Olen, Lorraine Olen, Alston Construction, Ampco Contracting, Inc., and Fedex Ground for premises liability. Torres, a construction worker, was standing on a roof when it collapsed, causing him to fall from the second floor to the first floor. The Complaint, filed on 8/2/17, assert...

Excerpt: ... courts of other jurisdictions. California courts have broad discretion to stay their own proceedings in favor of a previously-filed action involving the same subject matter. (See Caiafa Prof. Law Corp., 15 Cal.App.4th at 804; Century Indemnity Co. v. Bank of America, 58 Cal.App.4th at 411.) In exercising its discretion, the Court should consider: (1) the importance of avoiding unseemly conflicts with the courts of other jurisdictions; (2) whethe...

Excerpt: ...TICE. Defendant PIH Health Hospital-Whittier demurs to the 1 st – 3 rd causes of action on the ground that they fail to state facts sufficient to constitute a cause of action and are time-barred. The Complaint was originally filed on 12/20/18, and subsequently amended. The FAC alleges that Plaintiff was admitted to the Hospital on 11/15/17 as a patient. During her stay, Plaintiff sustained injuries like falling off the commode. She was discharg...

Excerpt: ... causes of action on the ground that it fails to state facts sufficient to constitute a cause of action. [Plaintiff has since withdrawn the 12 th and 20 th causes of action. Therefore, the court will only address the remaining causes of action.] The Second Amended Complaint (“SAC”) alleges that Plaintiff's daughter (Sandra Santoyo) and her son-in-law (Robert Santoyo) tricked Plaintiff into transferring title to her property to them through fr...

Excerpt: ...emurs to the 1 st, 6 th, and 7th causes of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. This action for quiet title was filed by Plaintiff Marco Lopez on July 24, 2017. After a series of demurrers and amendments, the operative complaint is the Second Amended Complaint. It alleges: The relevant facts allege that Defendants claim an interest in the Property adverse to Plaintiff's i...

Excerpt: ...proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted….” (emphasis added.) (CCP §473(b).) Here, Moving Party failed to attach a copy of its proposed answer or pleading to the instant application. The terms of CCP §473(b)...

Excerpt: ... to give Notice. Untimely Opposition Received on July 10, 2018. Due by June 28, 2018 (CCP 1005(b).) This products liability action was filed by Plaintiffs CYNTHIA STRACHAN and SELINA GARCIA on May 16, 2017. The relevant facts are as follows: “In justifiable reliance upon Defendants acts…Plaintiff Cynthia Strachan was induced to purchase, operate, and drive her 2014 Toyota Avalon, on the date of the incident herein, believing, as a result of D...

Excerpt: ...burn-Miller intentionally and for their own profit and benefit, took on the role of acting as a dual agent for both the Seller and Buyer in the transaction which is the subject of this litigation.” (SAC ¶35.) “As an agent for the Buyer Eitan Sharaf, Connell and Cogburn-Miller assumed duties of care and disclosure for the benefit of Buyer Eitan Sharaf. Among other duties, said defendants assumed the duty to disclose to Buyer material issues w...

Excerpt: ...mber 11, 2018 at 1:30 p.m. in Dept. SE-C. Defendants paid only one filing fee in connection with these motions, yet seeks five separate orders. A separate filing fee is required for each. (Gov. Code §70617(a)(4).) No later than August 17, 2018, Defendants are ORDERED to file and serve this motion separately; and make payment of an additional $60.00 to the Court clerk in Dept. SE-C. Opposition and Reply will be due per code CCP §1005(b) in accor...

Excerpt: ...15 days leave to amend in part, and GRANTED without leave to amend in part. CCP §436 Moving Party to give Notice. This action for wrongful termination was filed by Plaintiff MIGUEL ANGEL CUEVA on December 8, 2017. The relevant facts are as follows: “Plaintiff began his employment with the Defendant as a driver, on October 20, 2014.” (FAC ¶17.) “During Plaintiff's employment with Defendant, Plaintiff was not provided rest periods for work ...

Excerpt: ...gatories (set one) is OFF-CALENDAR per moving party. III. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Special Interrogatories (set one) is OFF-CALENDAR per moving party. I. Defendant/Cross-Defendant GARCIA & GALLARZO, PROPERTY HOLDINGS LLC's motion to compel further responses to Request for Admissions (set one) is OFF‐CALENDAR per moving party. I. Defendant/Cross-Defendant GARCIA & ...

Excerpt: ... Dept. SE-C. II. Defendants/Cross-Complainants AAA SOLAR ELECTRIC, INC; LOS ANGELES UNIFIED SCHOOL DISTRICT; and PHILADELPHIA INDEMNITY INSURANCE COMPANY's motion to compel production of documents at depositions is CONTINUED to Thursday, August 2, 2018 at 1:30 p.m. in Dept. SE-C. I. Defendants/Cross-Complainants AAA SOLAR ELECTRIC, INC; LOS ANGELES UNIFIED SCHOOL DISTRICT; and PHILADELPHIA INDEMNITY INSURANCE COMPANY's motion to compel further re...

Excerpt: ...Due Process Rights; (2) Intentional Infliction of Emotional Distress; (3) Violation of The American Disability Act – Rehabilitation Act of 1973; (4) Interference with Prospective Economic Advantage; and (5) Retaliation. The relevant facts are as follows: In 2009, The U.S. Department of Justice initiated an investigation of Plaintiff and his medical clinic in response to allegations of billing fraud. (SAC ¶5.) While Plaintiff was being investig...

Excerpt: ...the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (CCP §36(a).) It is well-established that a plaintiff meets the two criteria in CCP §36(a), then the 120-day trial preference is “mandatory and absolute in its application.” (CCP §36(f); Vinokour...

Excerpt: ...nt fails to state any factual or legal grounds to set aside the Order at issue. Here, the Court had jurisdiction to rule on the motion to enforce the settlement agreement. “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If re...

Excerpt: ...arch 27, 2018. Defendant CREDIT UNION OF SOUTHERN CALIFORNIA (“Defendant”) moves for an award of attorneys' fees as the prevailing party on the contract pursuant to CCP §§ 1032 and 1033.5. On October 5, 2017, Defendant's demurrer to Plaintiff's Complaint was SUSTAINED without leave to amend. Consequently, pursuant to CCP §1032(a)(4), Defendant is deemed the prevailing party, and is entitled to attorney's fees pursuant CCP §1033.5(a)(10)(A...

Excerpt: ...ing Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. Evid. Code §§ 452, 453. This action for contractual fraud was filed by Plaintiffs GARI MASI and FERN ELLEN MASSI on September 6, 2017. Plaintiffs' SAC, filed on February 13, 2018, asserts the following causes of action: (1) Fraud; (2) Breach of Contract; (3) Conversion; and (4) Quiet Title. Defendants JOSEPH GAMMARIELLO and TERRY GAMMARIELLO demur to Plaintiffs' entir...

Excerpt: ...to comply with CCP §430.41. If, after complying with CCP §430.41, court intervention is needed, the parties may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than ...

Excerpt: ... the date set for trial as certain.” (CRC 3.1332(a).) However, the Court may grant a continuance if there is an affirmative showing of good cause requiring the continuance. (CRC 3.1332(c).) Circumstances that may indicate good cause include: (1) the unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) the unavailability of a party because of death, illness, or other excusable circ...

Excerpt: ...l. The issue then, is whether the Court should “in its discretion upon just terms, allow a trial by jury although there may have been a waiver of trial by jury.” (CCP §631(g).) “Courts have held that, given the public policy favoring trial by jury, the trial court should grant a motion to be relieved of a jury waiver unless, and except, where granting such a motion would work serious hardship to the objecting party. Where doubt exists conc...