Excerpt: ...tember 4, 2014. Plaintiff suffered mental and emotional distress and has no medical expenses. At this time, the parties have agreed to settle this case for $35,000. After payment of attorney's fees and costs, Petitioner seeks to deposit $13,685.14 with the California Achieving a Better Life Experience (CalABLE) Program pursuant to Cal. W&I Code Section 4875 et seq. CalABLE is a California government agency and the CalABLE account is specifically ...

Excerpt: ...aint is denied. Defendant are to file an answer to the complaint within 20 days. First Cause of Action for Breach of Legal Duty Owed to Parents <0047004800490048005100 004c004f004800470003[to provide the entire file, including documents regarding the assessment of Miriam as having emotional issues, a learning disability and failing grades and that defendants failed to comply with its policies and procedures in making the assessments of Miriam. De...

Excerpt: ...n on the grounds that it fails to state facts <0056000300580051004600 00440051004700030057>here is a misjoinder or defect in parties. The motion is granted in part. The trial date is continued to September 30, 2019 at 10:00 a.m. All associated cut-off dates are to the continued trial date. Demurrer to the Fifth Cause of Action for Specific Performance Specific performance requires a contract breach; inadequacy of a legal remedy; underlying contra...

Excerpt: ...ulent Concealment, Fifth Cause of Action for Intentional Misrepresentation and Sixth Cause of Action for Negligent Misrepresentation The elements of fraud are: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) In Califo...

Excerpt: ...ulent Concealment, Fifth Cause of Action for Intentional Misrepresentation and Sixth Cause of Action for Negligent Misrepresentation The elements of fraud are: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) In Califo...

Excerpt: ... the allocation of the settlement among plaintiffs, the settlor's financial condition and insurance policy limits; and evidence of collusion, fraud or tortious conduct between settlor and plaintiff to make nonsettling parties pay more than their share. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc. (1985) 38 Cal.3d 488.) The burden is on parties claiming a lack of good faith. (Code Civ. Proc., § 877.6, subd. (d).). Competent evidence is required fr...

Excerpt: ...rana National Park, that Antonio did not act with gross negligence and that Antonio getting lost in the National Park was not foreseeable. The initial burden rests with the side moving for summary judgment. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 743 nn. 6-7.) “As to each claim as framed by the complaint, the defendant must present facts to negate an essential element or to establish a defense. Only then will the burden shift to the plain...

Excerpt: ...Emmett Builders, Inc. and Douglas Emmett Management, LLC. Enforcement by Non-Signatory Defendants All defendants in this case may seek enforce the arbitration agreement which states: “Any reference in this Agreement to the Company will be a reference also to any parent, subsidiary or affiliated entities of the Company (including, without limitation, those entities referenced on Exhibit “A” attached hereto and incorporated herein), all benef...

Excerpt: ...'s central concern. (Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35 [26 Cal. Rptr. 2d 834, 865 P.2d 633].) In Hill, we established a framework for evaluating potential invasions of privacy. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. (Id. at pp. 35–37.) The p...

Excerpt: ...ed on an assertion of attorney-client or work product privilege, defendant shall serve a privilege log which identifies each document for which a privilege or work product protection is claimed, its author, recipients, date of preparation, and the specific privilege or work product protection claimed. The remainder of the motion is denied. Definitions The terms “YOU,”“YOUR,” and “DEFENDANT” are overbroad as defined by plaintiff. FCA v...

Excerpt: ...respond that they have withdrawn their DLSE claims to pursue litigation. This is not alleged in the complaint. The court considers this only for the purpose of determining whether leave to amend should be granted. The demurrers are sustained with leave to amend. Seventh Cause of Action for Breach of Contract “The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformanc...

Excerpt: .... Plaintiff's request for sanctions is denied. Timeliness Plaintiff argues the motions are untimely as filed beyond the 45-day jurisdictional limit and as improper motions for reconsideration. The motions were never ruled on by the court, but were taken off calendar as improperly filed and reserved. Defendants properly reserved the time for hearing and corrected the filing into separate motions. The motions then were placed back on calendar. For ...

Excerpt: ...tion status conference for December 9, 2019 at 8:30. Defendant has established the existence of an agreement, which plaintiff does not dispute signing. Plaintiff's argument that the agreement was obtain through fraud is misplaced. Contractual arbitration clauses generally must be enforced where one of the parties seeks rescission of the entire contract on the basis that it allegedly was induced by fraud, mistake, or duress, or where an alleged br...

Excerpt: ...file an amended complaint within 20 days. Fourth Cause of Action for Fraud, Negligent Misrepresentation and Concealment Fraud must be pleaded with particularity. “The particularity demands that a plaintiff plead facts which show how, when, where, to whom, and by what means the representations were tendered.” (Cansino v. Bank of America (2014) 224 Cal.App.4th 1462, 1469.) The strict rule of construction, however, is relaxed when the defendant ...

Excerpt: ...t there are several claims against the bond which exceed the amount of the bond. Hudson seeks to deposit the proceeds of the bond and have the claims litigated in this single action. Hudson has also established the only relief sought against it is the payment of the bond proceeds, and it should be released from liability and dismissed from the action. The argument that the claimants will seek to recover costs and attorney fees from Hudson is not ...

Excerpt: ...er. An interrogatory response must be as complete and straightforward as reasonably available information permits. (Code Civ. Proc., § 2030.220, subd. (a), (b).) If a respondent does not have personal knowledge for a full response, the party shall so state and make a reasonable and good faith effort to obtain the information by inquiries. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App. 4th 390, 406; Re...

Excerpt: ...f $1200 within 30 days. The discovery at issue here was served May 4, 2018. Following several extensions, responses were served on August 16, 2018. Defendant initiated meet and confer efforts on October 1 st and provided extensions of time for supplemental responses. No supplemental responses have been served. Plaintiff agreed to provide documents in response to requests 1-3, 6-7, 21, 24-28 and <0055004800560053005200 00480054005800480056>t 4. Pl...

Excerpt: ...concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” (Charnay v. Cobert (2006) 145 Cal.App.4th 170, 184.) Defendants argue there are no allegations that Michael Valerio knew the there was a water leak when he represented there was no water leak. In fact, the fourth cause of action alleges at paragraph 34 that Michael Vale...

Excerpt: ...re triable issues of fact as to whether plaintiff's assignment to the Badging Office denied her opportunities to learn new skills or work overtime and damaged her chances of obtaining a promotion. Summary adjudication is denied as to issues 2 and 5 as the actions complained of, that supervisors treated plaintiff with hostility and spread rumors that plaintiff was having a relationship with Petrus, first occurred when she complained of scheduling ...

Excerpt: ... Defendant County asserts that this cause of action fails because Plaintiff has failed to plead a statute providing for liability pursuant to Government Code section 815. Defendant's assertion is unavailing. California Government Code section 815 provides that “[a] public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person” except as provided by...

Excerpt: ...conclusory words or the words in the language of Civil Code section 3294 must not be read in isolation, but in the context of facts alleged in the rest of the complaint. The complaint alleges that the building has a severe roach infestation and that it is increasingly dilapidated for failure to make any repairs, that defendant owners have been cited by the City, placed in REAP, and had complaints from tenants but have made no repairs and failed t...

Excerpt: ...y Morse is sufficient. The new cause of action is related to the current facts alleged in the current complaint. Defendants argue that there was a long unexcusable delay. The need for the motion was not apparent until December 2018, and the motion was filed in early March. This is not an unexcusable delay. "[I]f an amendment is appropriate the trial Court should continue the trial if necessary, even if the matter is on fast track." (Honig...

Excerpt: ...p of Trust and Confidence and Third Cause of Action for Breach of Contract Defendants demur to these causes of action on the grounds that they are duplicative of the medical negligence cause of action. A contract to perform services gives rise to a duty of care which requires that such services be performed in a competent and reasonable manner and a negligent failure to do so may be both a breach of contract and a tort. (No. Am. Chem. Co. v. Supe...

Excerpt: ...rt -- to the cross- defendant.” (Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal. App. 3d 1439, 1445 n.7.) The second amended complaint alleges that defendants/cross-complainants breached the sales agreement and made intentional or negligent misrepresentations and concealments by stating the property was in perfect condition and failing to disclose defects in the renovations. This is not the same harm for which they are...

Excerpt: ...sel, courts must cautiously balance parties' right to have attorneys of choice, attorneys' interests in representing clients, burdens on clients in replacing counsel, and any tactical abuse, against the principle of having fair resolutions by vigorous representations by independent attorneys. (McMillan v. Shadow Ridge at Oak Park Homeowner's Assoc. (2008) 165 Cal.App.4th 960, 965.) A member shall not, without the informed written consent of the f...