Excerpt: ...e causes of action, and are uncertain. 6th CAUSE OF ACTION The elements for Fraud by Concealment are: 1. Defendant concealed or suppressed a material fact; 2. defendant was under a duty to disclose the fact to the plaintiff; 3. defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; 4. plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; ...

Excerpt: ...the 1 st – 6th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. 1st CAUSE OF ACTION UNFAIR COMPETITION: The Unfair Business Practices Act shall include “any unlawful, unfair, or fraudulent business act or practice.” (B&P Code 17200.) A plaintiff alleging unfair business practices under these statutes must state with reasonable particularity the facts supporting the statutory elements of...

Excerpt: ...sonal injury action was filed by Plaintiff KIMBERLY BATTAGLIA on February 7, 2019. On February 20, 2020 a First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “Beginning in late 2008/early 2009, [Golden] began to examine Plaintiff on a routine basis to ascertain the state of her health and to diagnose and treat any possible diseases or physical conditions….During the period that Plaintiff was a patien...

Excerpt: ...tiff VALERIA SOLIS, a minor, by and through her GAL, Marcos Solis on June 25, 2019. Plaintiff alleges that “[o]n February 12, 2019, Plaintiff was in P.E. class on the P.E. field when another student (‘student assailant') started harassing and/or assaulting and/or battering other students on the P.E. field. The student assailant's misconduct…lasted for a lengthy period of time. But neither P.E. teachers nor staff attempted to stop the studen...

Excerpt: ...sts for Judicial Notice are GRANTED. Cal. Ev. Code §452. This action concerning real property was filed on April 13, 2018. On February 7, 2020, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff TRP FUND IV LIV REV TRUST requests cancellation of three instruments as void: First Assignment of Deed of Trust, Second Assignment of Deed of Trust, and Third Assignment of Deed of Trust. Plaintiff alleges that the assignments are void beca...

Excerpt: ...y judgment is DENIED. Plaintiff to give NOTICE. Defendants Susy Salsberg, Edward Salsberg, and Pierrend move for summary judgment/adjudication pursuant to CCP § 437c. Evidentiary Objections Defendants' Objections 1-10 to Choy's Declaration are overruled. Defendants' Objections 1-5 to Wescott's Declaration are overruled. Defendants' Objections 1-2 to Sanchez's Declaration are overruled. Pleadings This is a dog bite case brought by Plaintiff Jose ...

Excerpt: ... of an automobile collision occurring on 3/24/18, involving vehicles driven by Defendant Antonio Rico and Defendant Liana Ua. The collision propelled Ua's vehicle into the glass storefront of The Donut Place. Plaintiff was a customer inside The Donut Place. Plaintiff has sued both drivers, as well as the owner of the premises. Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract...

Excerpt: ...ted exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement 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 pu...

Excerpt: ... is DENIED. Defendants to give notice. VIVERA PHARMACEUTICALS, INC.'s Motion to Strike Defendants BLAINE LABORATORIES, INC.; BLAINE HOLDING & DEVELOPMENT, LLC; and DR. ROBERT C. BLAINE's Surreply in Opposition to VIVERA PHARMACEUTICAL, INC.'s Motion for Summary Judgment is GRANTED. The Surreply was filed without leave of Court and is hereby STRICKEN. VIVERA PHARMACEUTICALS, INC.'s Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. BLAIN...

Excerpt: ...ion to strike the remedies of restitution/replacement is GRANTED without leave to amend. Motion to strike punitive damages is MOOT. Moving Party to give NOTICE. I. Demurrer Defendant Hyundai Motor America demurs to all causes of action on the basis of res judicata, and separately demurs to the 5 th – 6 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. Plaintiffs Jose and Elizabeth Campos'...

Excerpt: ...e their Answers within 10 days. Moving Parties to give NOTICE. Defendants Bancor, Inc., a California corporation, Victor Sampson, and Bancor, Inc., a Delaware corporation demur to each of Plaintiffs' causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This action for Quiet Title was filed by Plaintiffs Ricardo and Teresa Rubio on September 24, 2018. The SAC is directed against Defendants Victor ...

Excerpt: ...of Janeth Arias, Esq. in Support of Plaintiff's Opposition indicates that true and correct excerpts of Amy Miller's deposition transcript are attached as Exhibit 4. The Court has reviewed Exhibit 4 of the Arias Declaration, and the deposition pages attached are blank. (Arias Decl., ¶6.) This action for sexual harassment was filed by Plaintiff TONEE J. NAVARRO (“Plaintiff”) on March 2, 2018. On August 2, 2018, a Second Amended Complaint (“S...

Excerpt: ...nt 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).) The Complaint alleges that on 9/23/15, Plaintiff was injured on Defendant JSGS's property due to its negligence. The Complaint asserts a single cause of action for Premises Liability. ISSUE 1 Defendant contends it owes ...

Excerpt: ...Pharmaceuticals, Inc. (“Plaintiff”) filed its unlawful detainer action against Defendants Dr. Robert C. Blaine (“Dr. Blaine”) and Blaine Holding & Development, LLC (“Blaine Holding.”) The complaint alleges that Plaintiff had a commercial lease agreement (“Agreement”) with Blaine Holding. Per the Agreement, Plaintiff leased: (1) 11037 Lockport Place, Santa Fe Springs, California 90670 (“Building One”), (3) 11100 Greenstone Aven...

Excerpt: ...ocedural History On November 6, 2019, Plaintiff Polyn Spirtos (“Plaintiff”) filed a Complaint against Defendant Bogardus Homeowners Association aka East Whittier Villas Homeowners Association (“Association”) for: (1) breach of covenant; (2) money had and received; (3) fraudulent misrepresentation; and (4) negligent misrepresentation. Plaintiff alleges she purchased the real property located at 10420 Bogardus Ave., Unit 2, Whittier, Califo...

Excerpt: ...ndant PAUL R. MERCER, M.D.'s Demurrer to Cross- Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the ninth cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the tenth cause of action. Moving Party(s) to give notice. Background This is a breach of contract and Labor Code violations action. Plaintiffs Paul R. Mercer, M.D., Joseph J. Rossini, D.O., Daniel Honigman, M.D., Jackson Ma, M.D., and Eric R. Ross, M.D. (“Plaintiffs” or ...

Excerpt: ...dad's personal consumer records, or in the alternative, for protective order is DENIED. III. Plaintiffs Thompson, et al.'s motion to quash deposition subpoenas seeking Brandeis Thompson's personal consumer records, or in the alternative, for protective order is DENIED. IV. Plaintiffs Thompson, et al.'s motion to quash deposition subpoenas seeking Christina Hernandez's personal consumer records, or in the alternative, for protective order is DENIE...

Excerpt: ...Associates demurs to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. FEHA provides that no complaint for any violation of its provisions may be filed with the DFEH “after expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred.” (Morgan v. The Regents of the University of California(2000) 88 Cal.App.4th 52, 53; Government Code § 12960(...

Excerpt: ...1 st, 3rd, and 4 th causes of action. Moving Parties to give NOTICE. Cross-Defendants Paul and Lisa Om, OMC Industries, Inc., and Protex Supply Company, LLC demur to the 1 st 6 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This business tort action was filed by Plaintiff Americolor, LLC against Defendant Kay on 5/1/19. The Second Amended Cross-Complaint (“SAXC”) was filed by Kay Hwa...

Excerpt: ... notice of pursuant to Cal. Ev. Code §452. This action for medical malpractice was filed by Plaintiff on July 25, 2018. On May 8, 2019, a First Amended Complaint (“FAC”) was filed. The FAC asserts one cause of action for medical malpractice. Defendant PIH HEALTH HOSPITAL (erroneously sued as PRESBYTERIAN INTERCOMMUNITY HOSPITAL) (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the p...

Excerpt: ...ct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order. (CCP 473(d).) The court has power to set aside a judgment that is void as a matter of law. (CCP 473(d).) A judgment may be void as a matter of law for many reasons, including lack of or improper service of summons. However, substanti...

Excerpt: ... statements contained therein. Cal. Ev. Code §452. This action for breach of contract was filed by Plaintiff GEORGE MAKRIDIS on December 10, 2018. On September 22, 2019, Plaintiff filed the subject First Amended Complaint (“FAC”). The relevant facts, as alleged, are as follows: “This complaint arises out of Defendants' breach of contract, breach of fiduciary duty, conversion of property and fraudulent embezzling of funds from Plaintiff's b...

Excerpt: ... & Read moves to strike Defendants Markham, Zerner, and Markham & Read move for an order striking the Amended Complaint pursuant to CCP § 425.16. Objections Plaintiff's Objections 1-57 are overruled. Defendants' Objection 1 is sustained, and Objections 2-3 are overruled. Procedural Background Plaintiff Paul Edalat initially filed a Complaint in this court on 8/13/19. The action was thereafter removed to Federal Court, during which time Plaintiff...

Excerpt: ...rt of Motion to Compel Arbitration FILED on June 12, 2020 are STRICKEN, as filed without leave of Court. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement 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 t...

Excerpt: ...e notice. Defendant BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. Plaintiff THOMAS O'BRIEN's Omnibus Request for Judicial Notice is GRANTED as to the existence of documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. This personal injury action was filed by Plaint...