Excerpt: .... Regents now demur to the TAC's causes of action for failure to provide adequate equipment, personnel or facilities and cause of action for violation of the Americans with Disabilities Act (ADA). First Cause of Action “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dept. of State Hospitals v. Superior Court of Napa County (2022) 84 Cal.App.5th 1069. Cal. Gov. Code §85...

Excerpt: ...int (CCP 436). The parties met and conferred in accordance with CCP §435.5(a). Plaintiff's primary contention is that the cross-complaint was not timely filed. El-Batrawi seeks leave to file its amended cross-complaint and argues new party Terren Peizer does not need leave, as the court has not set a trial date. CCP § 428.50. El-Batrawi concedes the cross-complaint was late filed but argues lack of prejudice. Per CCP §428.50(a) a cross-complai...

Excerpt: ...d a promissory note for $500,000 in favor of Jerry and Orit Kohen, secured by a deed of trust on the Wolfs' home. Between 2005 and 2015, Yaakov Wolf made payments toward satisfaction of the debt. In 2016, the Kohens assigned the note and deed of trust to defendant Haroni. Plaintiff Daniella Wolf sues for declaratory relief and quiet title, arguing the note and deed of trust are invalid, neither she nor Yaakov owes the Cohens or Haroni any money, ...

Excerpt: ...it is a recorded document. The parties met and conferred prior to filing the demurrer per CCP §430.41(a). In ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice or documents not accepted for the truth of their contents. For purposes of ruling on a demurrer, all facts alleged are assumed to be true. Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 967. Wong argues the deed is not in his name, but...

Excerpt: ...ff seeks a writ of attachment against defendant's interest in property located at 2500 Briarcrest Road, Beverly Hills, CA 90210. No opposition was filed. “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” Code Civ. Proc. §484.010. “The...

Excerpt: ...the implied covenant of quiet enjoyment; (4) bad faith retention of security deposit; (5) violation of LAMC § 45.33; and (6) violation of Los Angeles County Code § 8.52.130. The FAC alleges termination of the tenancy without just cause. Defendants demur to the first, second, third, fourth and fifth causes of action in the FAC and move to strike requested punitive damages and attorneys' fees. “The primary function of a pleading is to give the ...

Excerpt: ... damages for breach of contract is comprised of the following elements: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1367. Defendants argue the cause of action for breach of contract alleges the cosmetic dental services were not performed to plaintiff's satisfaction, and these allegations al...

Excerpt: ... Defendants' request for judicial notice of the court file is granted, per Evidence Code § 452(d) as to the fact of filing and the allegations made, but not the truth of the allegations. To state a claim for punitive damages (Civil Code 3294), plaintiff must allege specific facts showing malice, oppression or fraud. Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1042. The basis for punitive damages must be pled with specificity; conclusory ...

Excerpt: ...ay monetary sanctions. Defendants each bring a motion for terminating sanctions. Both defendants filed proofs of service of their respective motions. Plaintiff has not filed an opposition to either motion. Where a party fails to obey an order compelling answers to discovery, “the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction.” Code Civ. Proc. §§2031....

Excerpt: ...nd on any terms as may be proper, allow a party to amend any pleading.” Courts have held “there is a strong policy in favor of liberal allowance of amendments.” Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 296-97; see also Ventura v. ABM Industries, Inc. (2013) 212 Cal.App.4th 258, 268) (“Trial courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to an...

Excerpt: .../or compensatory damages in an amount to be proven at trial.” Complaint, 29:1. The complaint does not set forth an identifiable sum of monetary relief sought. On December 13, 2023 the Court granted plaintiff's motion to compel Athens' further responses to plaintiff's first set of requests for production of documents. On December 21, 2023, Athens moved for an order reclassifying this case as one of limited jurisdiction. The Court rejects plainti...

Excerpt: ...ntiff's deposition; defendant requests sanctions of $1,810 for each motion. Plaintiff, now in pro per, has not filed an opposition to either motion. Motion to Compel Plaintiff's Answers to Form Interrogatories “Within 30 days after service of interrogatories, the party to whom the interrogatories are propounded shall serve the original of the response….” Code Civ. Proc. § 2030.260, subd. (a). “If the party to whom interrogatories are dir...

Excerpt: ...arding whether the contract should be rescinded due to fraud/negligent misrepresentation. Plaintiff seeks to file a FAC, adding new causes of action for fraud, racketeering and declaratory relief, and removing Mercedez Benz as a defendant. Defendant Sonic's Motion to Compel Arbitration Evidentiary Objections SUSTAIN: 1, 2, 3 (second sentence only), 4, 5 (third and fourth sentences only) OVERRULE: 6, 7, 8, 9, 10 Code of Civil Procedure section 128...

Excerpt: ...nal account and report, distribution of sales proceeds, discharge of the receiver and exoneration of the bond. Code of Civil Procedure section 564 provides for appointment of a receiver. California Rules of Court, Rule 3.1184 provides a receiver must present: (1) a final account and report, (2) a request for the discharge, and (3) a request for exoneration of the receiver's surety. Cal. Rules of Court, rule 3.1184(a). Rule 3.1184 further provides...

Excerpt: ...intiff moves for summary judgment or, alternatively, summary adjudication. The proof of service indicates plaintiff served defendant with a motion for judgment on the pleadings on September 5, 2023. The Court is unsure whether there is a typographical error in the proof of service or whether the instant MSJ/MSA motion was never served on defendant. As of January 11, 2024, no opposition has been filed. The function of a motion for summary judgment...

Excerpt: ... defendant being represented by counsel and served a courtesy copy of the discovery on defendant's insurance carrier. On September 5, 2023 defendant answered. On October 4, 2023 plaintiff's counsel told defense counsel that the responses were untimely and must be responded to without objection. On October 20, 2023, defendant responded, with objections. Defendant moves for relief from waiver of objections, based on mistake or inadvertence. A party...

Excerpt: ...(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) ...

Excerpt: ...4th 1350, 1358. “[T]he court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded.” Ibid. A demurrer accepts as true all well pleaded facts and those facts of which the court can take judicial notice but not deductions, contentions, or conclusions of law or fact. Fox v. JAMDAT Mobile, Inc. (2010) 185 Cal.App.4th 1068, 1078. Demurring party must meet and confer and file a dec...

Excerpt: ...Code section 1793.2 (against SOA only); (3) violation of subdivision (a)(3) of Civil Code section 1793.2 (against SOA only); (4) breach of the implied warranty of merchantability (against SOA only); and (5) negligent repair (against DCH only). As to DCH, plaintiff alleges it failed to properly perform necessary repairs. DCH cross complained against SOA, seeking (1) express indemnity; (2) implied indemnity; (3) equitable indemnity; and (4) declara...

Excerpt: ...nted as necessary for certification by the California Department of Consumer Affairs to become a speech language pathologist assistant. Plaintiff alleges she learned the program does not enable her to become a speech language pathologist assistant. Defendant demurs and moves to strike the requested attorney's fees. First Cause of Action: Breach of Contract (Express) To prevail on breach of contract claim, plaintiff must prove (1) the contract, (2...

Excerpt: ...IA moves to quash for lack of jurisdiction, arguing it is not AIL's parent company and lacks minimum contacts with California. “A nonresident defendant is subject to the general jurisdiction of the forum if his or her contacts in the forum state are ‘substantial . . . continuous and systematic.” Buchanan v. Soto (2015) 241 Cal.App.4th 1353, 1362. This is established if defendant maintains a physical business presence and employees and regul...

Excerpt: ...ute the easement and move for an order enforcing the settlement per Code of Civ. Proc. §664.6. On November 30, 2023 the court issued a tentative ruling granting the motion. The court granted the Cohens' requested continuance to retain new counsel and file an opposition. When a court enters judgment under Cal. Code of Civ. Proc. §664.6, it has discretion to appoint an elisor to execute documents requiring party signatures. Blueberry Properties, ...

Excerpt: ...e §809, challenging a prior peer review that occurred on November 18, 2021, is pending. This lawsuit also challenges the underlying peer review events at issue in the §809 hearing. This motion was previously set 3/24/23, continued to 4/26/23, then to 5/24/23, then 6/27/23, then 8/9/23, then 9/5/23, then 10/10/23, then 11/13/23, finally to 12/20/23. All these prior continuances were at the parties' joint request, either by stipulation or by cont...

Excerpt: ...unds. The court will refer to the Rubin defendants by their first names to distinguish the parties. On September 26, 2023 the court granted Joseph's motion for judgment on the pleadings as to the first amended complaint with leave to amend. Joseph now demurs to the second amended complaint. Fraud in the Inducement A cause of action for fraudulent inducement, if it is based on affirmative misrepresentations, must be pleaded specifically. Stansfiel...

Excerpt: ...ens or outstanding debts. The settlement provides that on April 1, 2023, Main St. is required to “begin the process of transferring the Liquor License” to Sequoia, and that Main St. “shall be responsible for the payment of any escrow fees, transfer fees, and related costs associated with the transfer of the Liquor License” and “will submit all required returns, documents, and funds required to obtain releases of any holds that are on th...