Excerpt: ...n 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. (e) Notwithstanding any other provision of law, the court may in its discretion grant a motion for preference that is supported by a showing that satisfies the court that the interests of justice will be served by granting this preference.” Plaintiff submits a declaration stating he is 73 year...

Excerpt: ...filed on October 9, 2013; trial is scheduled for October 1, 2018 – nine days before the five-year mark. There is no margin in which to continue trial and, despite Plaintiff's contention that delay alone is not a reason to deny leave to amend, delay coupled with prejudice is such a basis. The Court addresses each of the reasons to amend:  Removing Defendants from portions of the pleading is not a valid basis for leave. The Court has already r...

Excerpt: ...nt 8, Long Beach, California since 2011. Plaintiff allege that King Defendants own the property, although it is a reasonable inference that the King Trust owns the property and the Kings, as Trustees, control the Trust. “About three years ago” (the complaint was filed in August, 2017) Plaintiff notified Defendants of “deficiencies” in the property including mold, absent or ineffective weather proofing around the windows, a “sewer-like s...

Excerpt: ...alter Paiva filed an Unlawful Detainer complaint against Maseas Silva which concerned the subject property. Judgment in favor of Valter Paiva was entered on September 28, 2017. Valter Paiva was awarded possession of the subject premises and a monetary award of $6,560. (Exhibit E) The judgment in this Court and the Unlawful Detainer Court conclusively establish there is no merit in Maseas Silva's claims to the property. CCP Section 405.32: “In p...

Excerpt: ...t Mr. January's aunt in Carson. They arrived at the same time as January's cousins, Plaintiff Kirby Hales and a Mr. Jolly. January exited his vehicle and went to speak with his cousins who remained in their van. Ms. Carcamo remained in January's vehicle. Deputy Billoups pulled behind the van in a marked car. He put a spotlight on January and then approached him, asking what he was doing. January replied that he was talking with his cousins and en...

Excerpt: ...ns supporting his claims for punitive damages. This case was filed on October 9, 2013; trial is scheduled for October 1, 2018 – nine days before the five year mark. There is no margin in which to continue trial and, despite Plaintiff's contention that delay alone is not a reason to deny leave to amend, delay coupled with prejudice is such a basis. The Court addresses each of the reasons to amend:  Removing Defendants from portions of the ple...

Excerpt: ...: “(a) Contents of notice A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. Specifications in a notice must be numbered consecutively. (b) Timing A notice of motion to strike must be given within the time allowed to plead, and if a demurrer is interposed, concurrently therewith, and must be notic...

Excerpt: ...t Mr. January's aunt in Carson. They arrived at the same time as January's cousins, Plaintiff Kirby Hales and a Mr. Jolly. January exited his vehicle and went to speak with his cousins who remained in their van. Ms. Carcamo remained in January's vehicle. Deputy Billoups pulled behind the van in a marked car. He put a spotlight on January and then approached him, asking what he was doing. January replied that he was talking with his cousins and en...

Excerpt: ... and Phillip Winter demur to the entire Complaint. FACTUAL ALLEGATIONS Plaintiff alleges that:  Naos sells Beneteau, S.A. catamarans and CNB yachts.  Devanneaux and Winter work for Naos.  Plaintiff and Naos executed a purchase contract for Plaintiff to purchase a catamaran. (Exhibit A)  The purchase contract identifies Naos as the seller, and states that all express warranties were extended “solely by the manufacturer of the goods a...

Excerpt: ...n 4 and 6. The Court previously sustained James' demurrer to the same Causes of Action in Plaintiff's original complaint with leave to amend. James and Galaxy also move to strike punitive damages. The Court previously granted James' and Galaxy's motion to strike punitive damages from the original complaint with leave to amend. FACTUAL ALLEGATIONS Plaintiff alleges that:  She is the owner of a condominium unit. Her upstairs neighbors experience...

Excerpt: ...f claims Parker did not file a complaint and that by the time she retained other representation her claim was time-barred. EVIDENCE PRESENTED. Parker presented competent evidence which refutes most of these basic allegations. Exhibit 2 is the retainer agreement executed on May 3, 2013. It is authenticated by Jeffrey Billings who signed on behalf of Parker. Exhibit 3 is a letter on Parker's letterhead dated December 31, 2014. The letter does not s...

Excerpt: ...ile which it reviewed in preparation for this motion. The Court notes that on January 20, 2017 (prior to the order for transfer) Judge Michelle Williams signed an order granting the same relief as in the present motion. Judge Williams found that Magana's settlement was in good faith and the last sentence of the order states that the Court “orders the Cross-Complaint filed Cross-Complainant/Defendant, Sasinee Corbin against Cross-Defendant/Defen...

Excerpt: ...ries alleged in the underlying complaint. Plaintiff was working on the Gerald Desmond Bridge Replacement Project. Shimmick is the general contractor for the project. Plaintiff was in the “boom lift” which Miller had rented from King Equipment, LLC. Plaintiff suffered severe injuries by electrocution when the lift came into proximity to a power line, and he alleges various defects in the boom lift which caused or contributed to his injuries. A...

Excerpt: ...laim that her vehicle had been stolen. Explorer conducted an investigation which resulted in denial of Plaintiff's claim under a contract provision excluding benefits from an insured “who has made fraudulent statements or engaged in fraudulent conduct in connection with any accident or loss for which coverage is sought under this policy.” Explorer had found that Plaintiff made inconsistent responses about material facts. Among other reasons f...

Excerpt: ...ancial Abuse; 8. Financial Elder Abuse – Undue Influence; and 9. Unfair Business Practices. FACTUAL ALLEGATIONS Plaintiff alleges Defendant employed her “to perform managerial related work” at two properties in Long Beach, California. She commenced her employment in 1990. She was terminated on September 21, 2016. Plaintiff alleges she was required to be “on duty” seven days a week and 24 hours a day “attending to any and all needs of ...

Excerpt: ...ch reflects that Dr. Yoshida's declaration was insufficient to raise a triable issue because, among other things, he did not specify what conduct by Dr. Akmakjian fell below the standard of care. The Court granted a continuance pursuant to CCP section 437c(h) to allow the deposition of Dr. Akmakjian. The Court specifically ordered that an amended declaration of Dr. Yoshida could be filed no later than January 2, 2018 but the amendment would be li...

Excerpt: ...ciation Ms. Munro was on the rooftop, which she alleges is regularly accessed by unit owners for such activities as sunbathing. On July 4, 2012 Plaintiff was on the roof to view fireworks. She sat on the skylight, which collapsed. She fell three stories and suffered severe injuries. Ruth Goodie is a unit owner in the building who had no active negligence, but was allegedly responsible for dangerous conditions in the common areas along with every ...

Excerpt: ...ach Memorial Medical Center; MemorialCare Medical Foundation; MemorialCare Medical Group; and John Bishop (“Memorial Defendants”) demur to the First Cause of Action for Fraud. The Court previously sustained the Memorial Defendants' demurrer to the Fraud claim for lack of specificity. FACTUAL ALLEGATIONS CHOA alleges that:  Defendant Vora worked as a physician for CHOA.  Memorial Defendants told CHOA they were interested in purchasing CH...

Excerpt: ...ories are set forth in Plaintiffs' separate statement. The motion is denied. ...

Excerpt: ...amages and attorney fees). The Court previously sustained CHLB's demurrer to the same Causes of Action in Plaintiff's First Amended Complaint for failure to state a claim. FACTUAL ALLEGATIONS The SAC alleges that:  After abuse/neglect by Co-Defendant Long Beach Care Center, Charles Rachal (“decedent”) was transferred to CHLB on August 3, 2014, for “complaints of a fever, cough and congestion.” (SAC, Paragraph 39)  CHLB was aware tha...

Excerpt: ...se to Plaintiffs' Agent); 8. Negligent Misrepresentation (to Plaintiffs' Agent); 9. Fraud (Intentional Misrepresentation Lease 2); 10. Fraud (False Promise Lease 2); 11. Negligent Misrepresentation (Lease 2); 12. Intentional Interference with Contractual Relations as to Chefs; 13. Negligent Interference with Contractual Relations as to Chefs; 14. Intentional Interference with Contractual Relations as to Plaintiffs' Agent; 15. Negligent Interferen...

Excerpt: ...ted to amend the claims for IIED. Defendants filed a demurrer to, inter alia, the Eighth Cause of Action for IIED and moved to strike the Fourth, Fifth, Sixth and Eleventh Causes of Action on the grounds that they were added without leave of court. The Court then sustained the demurrer to IIED without leave to amend and struck the new Causes of Action without leave to amend. Plaintiff now seeks to amend in order to include all of these claims, in...

Excerpt: ...ted to amend the claims for IIED. Defendants filed a demurrer to, inter alia, the Eighth Cause of Action for IIED and moved to strike the Fourth, Fifth, Sixth and Eleventh Causes of Action on the grounds that they were added without leave of court. The Court then sustained the demurrer to IIED without leave to amend and struck the new Causes of Action without leave to amend. Plaintiff now seeks to amend in order to include all of these claims, in...

Excerpt: ...service. This can be cured by bringing the signed copy of the proof of service to the hearing. The second defect is that the notice of hearing is for January 9, 2017 – a date which has long passed. If Defendants do not appear the Court will briefly continue the hearing so it may be re- noticed. Terminating sanctions are only appropriate when no lesser sanction will suffice. If the Court reaches the merits, it will not terminate the defense but ...

Excerpt: ...s proof of personal service. This can be cured by bringing the signed copy of the proof of service to the hearing. The second defect is that the notice of hearing is for January 9, 2017 – a date which has long passed. If Defendants do not appear the Court will briefly continue the hearing so it may be re - noticed. Terminating sanctions are only appropriate when no lesser sanction will suffice. If the Court reaches the merits, it will not termi...

Excerpt: ...pel initial discovery responses. The parties reached an agreement and the motions were not pursued. Exhibit C is Defense counsel's e -mail confirmation of the agreement that responses would be provided “this week” – the e- mail is dated May 15, 2017. The responses were served May 28, 2017. The Court will take argument on the timeliness of the responses. The Court has read and considered the discovery, responses, including objections, and th...

Excerpt: ...ant and Cross -Defendant S.J. Amoroso Construction Co., Inc. (“Amoros o”) on the City's Cross-Complaint. This motion seeks an adjudication on the Third Cause of Action for Declaratory Relief in the Cross - Complaint that Amoroso has a duty to defend City in this action. FACTUAL ALLEGATIONS Plaintiff's accident occurred on Au gust 31, 2014 on Berth 136 (also referred to as the TraPac Terminal) in the Port of Los Angeles. This property is owned...