Excerpt: ...UPE ROJAS on February 2, 2017. Plaintiffs allege that on February 8, 2015, Plaintiff MIGUEL ROJAS HERNANDEZ was attacked by a patron of Defendant POTRERO, INC dba EL POTRERO CLUB AND RESTAURANT (“Potrero”). Potrero contracted for security guard services with the Moving Party herein, Defendant CALIFORNIA FORCE PATROL, INC. (“Moving Party”). The relevant facts, as alleged, are as follows: “A verbal altercation occurred between Plaintiffs'...

Excerpt: ...ntroversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create confl...

Excerpt: ...position(s) filed as of June 13, 2019. This action for breach of insurance contract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automob...

Excerpt: ...strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not firstestablish that his actions are constitutionally prot <00490003004f0044005a00 110003> (Wilcox v.Superior Court, supra, 17 Cal.App.4th at 820.) However, a defendant is required to make a prima facie s howingthat plaintiff's suit arises from any act of def...

Excerpt: ...ions to either party. K&M is to give NOTICE. Cross-Defendant Lemieux moves to quash the deposition subpoena issued to Barber & Bauermeister (“B&B”). 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 sub...

Excerpt: ...re overruled. 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).) Paige contends that all causes of action fail against her because no enforceable contract was ever created; Defendant never made a false representation; Defendant never wrongfully interfered with Fle...

Excerpt: ... granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP 1008.) The legislative intent was to restrict these motions to circumstances ...

Excerpt: ...ting to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by existing parties, the court shall, upon timely application, permit that person to intervene. Plaintiff filed a complaint for Quiet Title and other tort cla...

Excerpt: ...: 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 the violation. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) ¶15 alleges that Defendants violated the Homeowners' Bill of Rights...

Excerpt: ...34.04. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right toattach order, which shall state the amount to be secure d by the attachment determined by the court inaccordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of t...

Excerpt: ...y is an apex officer, with no knowledge of the subject medical treatment that Plaintiff experienced and lacks any knowledge that will reasonably lead to the discovery of admissible evidence. “Unless otherwise limited by order of the court in accordance [with the Discovery Act], any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter . . . appe...

Excerpt: ...ualify Discovery Referee Pursuant to CCP §§170.6 and 170.1 is DENIED. Opposing Party to give Notice. Defendants SHOWROOM INTERIORS, LLC and SHOWROOM, INC.'s demurrer to Plaintiff's Fourth Amended Complaint At the outset, the Court finds that the instant demurrer was filed without first complying with the mandatory meet and confer requirement set forth in CCP §430.41(a). (See Berglund Decl., ¶4.) Notwithstanding the parties' failure to comply ...

Excerpt: ...tiff PGG ENTERPRISE CORPORATION on August 23, 2018. Plaintiff alleges that the parties entered into a commercial lease “wherein defendant GAYNEL E. RADER and Fred Rader agreed to lease the subject property to the plaintiff for a period of fifteen years….” (FAC ¶6.) “At the time the Commercial Lease was entered into, it was contemplated that the plaintiff would operate a Circle K convenience store wherein certain improvements would be und...

Excerpt: ...V.Defendant City of Whittier's motion to compel the deposition of Plaintiff Pablo Martinez is GRANTED. No sanctions. Defendant to give NOTICE. I.Protective Order Plaintiffs Isaac Cuevas, Andres Cuevas, and Pablo Martinez's motion for protective order is DENIED. Minor Plaintiffs Isaac Cuevas, Andres Cuevas, and Pablo Martinez move for a protective order pursuant to CCP 2019.030. “(a)¿The court shall restrict the frequency or extent of use of a ...

Excerpt: ...state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1.The claim upon which the attachment is based is one upon which an attachment may be issued 2.The plaintiff has established the probable validity of the claim upon which the attachment is based 3.The attachment is not sought for a purpose other than the recovery on the claim upon which the atta...

Excerpt: ...ut his alleged actions. Does rebuffing a supervisor's sexual advances constitute protected activity under California law? The Court notes that there is a split of authority on this issue under federal law. Compare Ogden v. Wax Works, Inc., 214 F.3d 999, 1008 (8 th Cir. 2000) (rebuffing a supervisor's sexual advances constitutes “the most basic form of protected activity” in retaliation claims) and EEOC v. New Breed Logistics, 783 F.3d 1057, 1...

Excerpt: ...rer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan(1985) 39 Cal.3d 311, 318.) The demurrer is limited to the four corners of the pleading, and any additional facts which are properly the subject of judicial notice. (CCP §430.30(a).) While the Court is empowered to take judicial notice of discovery responses, it is not permitted to use the vehicle of judicial notice to transform the demurrer into an im...

Excerpt: ...ion subpoena obligates any resident of California to appear, testify, and produce whatever documents or things are specified in the subpoena. (CCP §2020.220(c).) A deposition subpoena is enforceable either by a motion to compel compliance, or contempt proceedings. (See CCP §§1987.1, 2025.480(b).) No Opposition has been filed as of May 21, 2019. The unopposed Motion to Compel Deposition of Witness Nicholas Lucas is granted. Defendant has submit...

Excerpt: ...ce. Defendant's Motion to Strike Portions of Plaintiff's Second Amended Complaint Defendant argues that portions of Plaintiff's SAC should be stricken pursuant to CCP §436. The Court disagrees. Plaintiff's SAC was filed without leave of Court, and should be stricken in its entirety. Defendant's arguments in its Motion to Strike Portions of Plaintiff's SAC are MOOT. Each party has the right to amend its pleadings once without leave of court at an...

Excerpt: ...is DEEMED FILED and SERVED as of the date of the Court's issuance of this Order. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on Thursday, June 6, 2019 at 8:30 a.m. in Department SE-F The Court notes that Defendant makes both a motion to quash and a motion to set aside default. Given that Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has ...

Excerpt: ... §1987.1. However, the Court grants a protective order limiting the scope of the subpoenas, as the subpoenas are overbroad. II. Plaintiff's Motion to Compel AMAN BERI to produce documents in response to Second Amended Notice of Deposition is DENIED. I. Plaintiff's Motion to Compel AVA BERI RESTAURANTS GROUP, INC.'s PMK to produce documents in response to Third Amended Notice of Deposition is DENIED. Defendant AVA BERI RESTAURANTS, INC. to give N...

Excerpt: ...MENT, LLC's motion to bifurcate is DENIED WITHOUT PREJUDICE. Moving Party to give Notice. Motion to Stay Proceedings On April 11, 2019, the Court initially heard this motion and continued it to today's hearing. The parties have not filed any documents related to this motion since April 11, 2019. Pursuant to CCP §128(a)(8), every court has the power to “control its process and orders so as to make them conform to law and justice.” (Id.) Indee...

Excerpt: ...idential property within a community known as Friendly Hills Estate, and that his home is managed by the Friendly Hills Estate Homeowner Association, Inc. (“FHEHA”). Plaintiff alleges that Defendant Kyu Baik Hwang also owns residential property within Friendly Hills Estate and is a member of FHEHA. On October 25, 2018, Plaintiff filed an Amendment to Complaint naming Defendant Seon Ik Hwang (“Defendant”) as a defendant in this matter. Pla...

Excerpt: ...erest to Zula Seaborn (collectively “Plaintiffs”) allege Defendants KND Development 53, LLC dba Kindred Hospital South Bay (“Kindred Hospital”), Mirada Hills Rehabilitation and Convalescent Hospital dba Life Care Centers of America, Inc. (“Mirada Hills”), Star Home Health Services, Inc., and California Post Acute Care failed to provide appropriate care and treatment to Zula Seaborn (“Decedent”). On October 4, 2018, Plaintiffs file...

Excerpt: ...RULED as to the prayer for injunctive relief. CCP § 430.10 Plaintiff H.P. Automotive and Tow, Inc. dba Huntington Park Tow Service (“Plaintiff”) alleges that Defendant City of Huntington Park (“Defendant”) breached a long term contract it had with Plaintiff to provide Defendant's police garage, towing and storage services. (Compl. ¶ <00510047004b0058000300 00b4000c000300440051[d Gurmit Kaur purchased Plaintiff from its prior owners, and...