Excerpt: ...dant Regents demur on government immunity grounds. “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dep't. of State Hospitals v. Superior Court of Napa County (2022) 84 Cal.App.5th 1069. Cal. Gov. Code §854.8 states a public entity is not liable for injury to or proximately caused by a patient of a mental institution. Cal. Gov. Code §854.8. Exceptions to that immunity ...

Excerpt: ...contains all its original equipment; they argue this proves the complaint was frivolous: as no parts were removed. Defendants move for an order dismlssmg the complaint and awarding sanctions. A court may sanction an attomey or litigant for filing a pleading for an improper purpose or one that is indisputably without factual or legal merit. Guillemin v. Stein (2002) 104 CalApp_4th 156: 168. Sanctions for a frivolous filing should only be granted i...

Excerpt: ...nd amended cross-complaint alleges two written contracts—a lease agreement between plaintiff James and defendants and a written guaranty agreement between Rowley and EQR_ SACC 1114-19_ Rowley argues James is not a party to the guaranty agreement: and that if he was entitled to enforce it as a third-party beneficiary: the guaranty agreement has been revoked under Cal. Civ. Code 52815 The SACC is unclear as to whether the breach of contract claim...

Excerpt: ...the bankruptcy court granted plaintiff s predecessor-in-interest relief from the stay on June 22: 2020: stating ' 'this order is binding and effective despite any of this bankruptcy case to a case under any other chapter of the Bankruptcy Code[_]" See plaintiffs request for judicial notice exhibit 1 _ The court takes judicial notice of that document. VST notes the bankruptcy court order reinstating the stay after comersion to chapter 7 contains a...

Excerpt: ... at. , case no. 22SMCV01732: alleging Malochka, Dean: Karimov and Kromendopulo caused the fire: and seeking indemnity _ In that action: the court sustained a demurrer, finding the claim should have been filed as a compulsory cross-complaint in this action. Universal filed a first amended complaint in Malochka, which it will dismiss if this coun grants leave to bring the indemnity claims alleged in Malochka as a cross-complaint in this action. A c...

Excerpt: ...ves to: (1) have Visconti declared a vexatious litigant and (2) expunge the lis pendens Visconti placed on his residence in case no. 22SMCV00233_ Visconti moves for (1) an OSC re: contempt arising out of Pinto's alleged failure to timely respond to written discovery: and (2) for reconsideration of an order requiring her counsel Murphy to pay Pinto S3,OOO in fees and costs. These motions were set to be heard in March 2023 and taken off calendar af...

Excerpt: ...mplaint (attached as exh_ 1 to Mass DecL) adding causes of action for breach of contract: fraud: concealment and recission and to add Itzhaki and Levy as individual defendants. Amendments must be liberally allouecl at any stage of a proceeding: including during trial, when no prejudice to the opposing party is shou•n_ Duchrow v. Forrest (2013) 215 Cal_App.4th 1359, 1377 _ Generally, a coult will not consider the validity of the proposed amended...

Excerpt: ...ages. Demarest argues the complaint contains no specific allegations establishing malice, fraud: or oppression. He points out that while plaintiffs make insinuations regarding defendant' s m a cannabis-focused streaming platform: they do not allege Demarest was under the influence at the time of the incident The complaint alleges he was driving on the wrong side of the road and "watching a television show" when he collided with plaintiffs' car. R...

Excerpt: ... distress and intentional misrepresentation claims. HED For a plaintiff to successåully plead a cause of action for IIED: defendant: s conduct must be outrageous: i.e. it must be ' 'so extreme as to exceed all the bounds of that usually tolerated in a civilized community " Catsouras v. Dept. of California Highvay Patrol (2010) 181 CalApp_4th 856: 874 Sadr argues plaintiffs have not alleged outrageous conduct. Plaintiffs allege property damage du...

Excerpt: ...d receiving distributions. The coun uses first names of the various Harkham parties for ease of reference, not with an intent to show disrespect. Terry alleges Efrem and his son Aron now deny his status as partner: reftsing to distfibute profits from the hotel 's sale and preventing him from inspecting books and records. Terry also alleges Efrem and Aron engaged in self-dealing: taking out loans against the hotel for their ourn benefit and using ...

Excerpt: ...d their possessions from the property. Landlord Tana moves for a preliminary mjunction: asking the coult to order the De Julios to remove all personal possessions, so she can make repairs and rent the property. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non-moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the...

Excerpt: ...and ten: which state "[o]n July 25, 2021 the Defendants and each ofthem could reasonably have anticipated that the DOG would cause injury to Plaintiff Maryam Ansari by attacking and biting Plaintiff:" and ' 'On July 25, 2021, the Defendants and each ofthem had sufficient opportunity to prevent the DOG from attacking and biting Plaintiff MARYAM ANSARI but failed to exercise reasonable care to control and contain the DOG and prevent the attacking a...

Excerpt: ...ounds that the answer does not state sufficient facts to constitute a defense. Cal. Code of Civ. Proc. 5431 20. An defense: like a cause of action, must be pleaded using ultimate facts: rather than legal conclusions. FPI Dev., Inc., v. Naskashima (1991) 231 367, 384. Plaintiffs argues the first through twelfth affirmative defenses are set forth in a conclusory, boilerplate manner: and each merely states the relevant principles: without specific f...

Excerpt: ...nts herein and may be called as a witness Plaintiff argues Dr. Maddahi may be reluctant to testify on her behalf given his attorney-client relationship Mith defense counsel, and/or may share her confidential information with counsel. She moves to disqualifr defense attomeys Yee Lam and Brian P. Kamel_ A party who is not a client or former client nonetheless has standing to bring a motion to disqualifr: where "the ethical breach is manifest and gl...

Excerpt: ...es CB failed to pay and provides no evidence of an affirmative defense. GM moves for summary judgment or adjudication on breach of contract: open book account, account stated and quantum meruit Defense Objections to Fante declaration: Objection 1 OVERRULED, objection 2 SUSTAINED (lack of personal knowledge) objection 3 SUSTAINED (hearsay, lack of personal knowledge) objections 4-12 OVERRULED. Defense Objections to Ross declaration: Objection 1 OV...

Excerpt: ...ay over S200:000 in rent and CAM charges and that K&K transferred assets to prevent SREG from collecting the debt Defendants Kallberg demur and move to strike portions of the second amended complaint (SAC) K&K cross-complains, alleging SREG retaliated for complaints about plumbing issues, manufactured false breaches of contract and posted fraudulent demolition notices to force K&K to give up their lease. SREG demurs and moves to strike portions o...

Excerpt: ...l denied her requests for reasonable accommodations, and the hotel and its amenities were inaccessible and/or dangerous On February 3 2023 the court overruled a demurrer to Miller' s cause of action for intentional infliction of emotional distress (IIED) and sustained a demurrer to Miller's cause of action for false imprisonment with leave to amend. Defendants Palmetto Hospitality and Interstate Management demur to the second amended complaint De...

Excerpt: ...cts and that Bailey Care Homes' owner Shawn Bailey defamed them Bailey Care Homes files this anti-SLAPP motion as to the foulth: fifth: sixth, seventh: and eighth causes of action for defamation, invasion of privacy: intentional interference with contract, intentional infliction of emotional distress and declaratory relief Courts resolving an anti-SLAPP motion under Cal. Civ. Code 5425.16 follow a two-step process. Jarrow Formulas, Inc. v. LaMarc...

Excerpt: ...dants had a partnership Avis: a subsidiary of defendant PV Holding, under which Avis rented vehicles to approved Uber drivers: including Singh. Defendants demur and move to strike punitive damages and attomeys' fees claims. PV Holding Demurrer- Unfair Business Practices Defendant PV Holding demurs to the unfair competition under Cal. Bus. and Profs. Code Sl 7200 claim. A cause of action under Sl 7200 requires plaintiffto allege an unlawftl: unfai...

Excerpt: ...aint for declaratory relief, asking the court to determine the amount due on the initial loan of S 140,000 _ Leave to file a cross-complaint may granted in the interest ofjustice at any time during the course of an action. Cal. of Civ. Proc. 5428.50. Defendant argues the underlying complaint does not dispute the amount owed, only the loan s validlty_ He argues the interests ofjustice and efficiency would be served by allowing him to file the cros...

Excerpt: ...its purchase on D&K' s behalf; United alleges D&K failed to pay the 20% On January 17 2023 the court sustained a demurrer u.ith leave to amend. D&K demurs to causes of action for breach of the covenant of good faith and fair dealing, conversion and accounting in the FAC. Breach of Covenant of Good Faith and Fair Dealing ' 'Every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement " Hicks v...

Excerpt: ... eighth through tenth causes of action. They are not named in any of these causes of action, so the claims are not targeted at them. OVERRULED. Breach of Contract When deciding a demurrer: the court should view the complaint with a liberal construction and raise any reasonable inferences from its text. Del. E. Webb Corp. v. Structural Materials co. (1981) 123 CalApp_3d 593. Tenants allege landlords breached the lease agreement due to habitability...

Excerpt: ...likely to produce sympathy in the jury. Chung argues liability is likely to involve fewer witnesses and less evidence and promote efficiency: as Stevens alleges substantial injuries and filture medical treatment, which will require testimony from multiple treating physicians. Code of Civ. Proc. Sl 048 allows biftrcation of trial when doing so would conducive to expedition and economy." Issues may be biharcated when doing so would serve ' 'the end...

Excerpt: ...raballo and Athens demur. The demulTers are supported by a declaration from attomey Weiss: who attempted to meet and confer as required by Cal Code of Civ. Proc. $30.41. She left multiple messages but received no response from plaintiff s counsel. Weiss decl. "3-9. Roth argues Weiss failed to attempt to meet and confer. The court disagrees. Athen s DemulTer Breach of Good Faith and Fair Dealing Every contract implies a covenant of good faith and ...

Excerpt: ... on her debt to American Express. She also states that by September 1, 2023 her children will be in school full-time, which will free her up to seek full-time employment. The motion cites Cal. Code of Civ. Proc. §§473(b) and 595. Section 473(b) permits courts to provide relief from a “judgment, dismissal, order, or other proceeding,” taken against a party through “mistake, inadvertence, surprise, or excusable neglect.” No judgment, orde...

Excerpt: ...anti-SLAPP motion. Doe seeks attorney's fees for prevailing on the anti-SLAPP motion and subsequent appeals, via two separate motions. The first motion seeks $231,606.25 for work by Martinez Law Group in the trial and appellate courts. The second seeks $750,000 for Sidley Austin and Bryan Cave's work before the Supreme Court. On January 25, 2023, the court heard plaintiffs' motions for attorney's fees. The motions were continued to permit Doe to ...

Excerpt: ...final award denied plaintiff's claims, while awarding Chelico attorney's fees, expert witness fees and deposition costs arising out of Labor Code claims resolved before arbitration. Chelico decl. ¶¶1-2. Chelico argues the arbitrator's conduct and decisions showed bias towards Gearys, justifying a set aside of the award. An arbitration award is subject to limited judicial review, with all presumptions drawn in favor of the award's validity. E.g....

Excerpt: ...ars after the action is commenced against the defendant." Cal. Rules of Court Emergency Rule 10(a): issued in response to the COVID-19 pandemic, provides "for all civil actions brought on or before April 6: 2020 the time in •which to bring the action to trial is extended by six months for a total of five years and six months. Without Rule 10(a): this matter would hme been required to be brought to trial by March 23 2023 _ Rule 10(a), however: e...

Excerpt: ...steer customers towards Cliffside Malibu: a rehabilitation center owned by defendant Taite: and away from competitors such as Passages. Grasshopper alleges The Fix published a review about Passages that wrongfully concealed its bias, falsely stated its review of Passages was based on Ivritten surveys from former patients and failed to disclose that its reviews were really advertising for Cliffside. Plaintiff made the same allegations in a federal...

Excerpt: ...must be given at least five days prior to the production date: but courts have the authority to consider an untimely motion to quash. Cal. Code of Civ. Proc. Slage v. Superior Court (1989) 211 Cal_App.3d 1309: 1312. Discovery is not limitless: and discovery requests that do not seek relevant information or ivhich impose a burden that outweighs the likelihood of discovering relevant infonnation are prohibited. E.g. Calcor Space Facüity, Inc. v. S...

Excerpt: ...r privacy by using her phone to post positive online revieivs of himself Finally: plaintiff alleges Ellenbogen sexually harassed her, making unwanted sexual advances. Defendants Desai and Ellenbogen each demurs and moves to strike punitive damages requests. Ellenboeen Demurrer/Motion to Strike Demurrer- Breach of Contract Generally: when a patient claims to be dissatisfied due to alleged medical mistake, the action sounds in professional negligen...

Excerpt: ...n is pending. Cal. Code of Civ. Proc. "12.20(a). Knapp moves to quash because the summons does not include the court's seal. Knapp declaration '2. Plaintiff acknowledges the original summons did not include a seal, but the summons has been served again, including a stamp of the court's seal. Gore declaration "12-3. The new summons is proper, mooting this motion. Knapp argues a seal cannot be affixed to a summons with an ink stamp and must use a w...

Excerpt: ... as their agent in a dispute over use of the street Plaintiff alleges the Meehans wrongfully blocked Horizon interfering with their tenants: use of the property. Defendants Meehan mcne for summary judgment Objections: Plaintiff objection 1 OVERRULED. Scott Meehan objection 1 0\ÆRRULED; objection 2 OVERRULED; objection 3 OVERRULED; objection 4 SUSTAINED (lack of foundation): objection 5 OVERRULED; objection 6 OVERRULED; objection 7 OVERRULED; obj...

Excerpt: ...s not oppose. A demurrer is an all-or-nothing procedure: meaning a party cannot demur to part of a cause of action. People v. Union Pacific Railroad Co. (2006) 141 CalApp_4th 1228, 1243. Unfair Competition California' s Unfair Competition statute provides a private cause of action for "unlawftl, unfair or fraudulent" business acts or practices. Cal. Bus. & Prof. Code Sl 7200 et_ seq. Optimum and Smiley argue this claim is based on allegations tha...

Excerpt: ...ication. Evidentiary Objections Objections 1-3 OVERRULED (lack of authentication/improper expert testimony); objections 4-6 OVERRULED; objection 7 OVERRULED (lack of personal knowledge, legal conclusion); objections 8-9 OVERRULED (relevance). Shed Claims Mardirossian argues all claims arising out of the shed, including private nuisance, trespass, negligence and ejectment, are moot because the shed has been removed. Howarth admitted in response to...

Excerpt: ...te purchase agreement (RPA) that would govern the sale following an exercise of the purchase option. Later, the option contract was amended and the RPA deleted. Defendant Kelly Phelps, plaintiffs' realtor, initially worked for defendant R&LS Investments, Inc. dba Keller Williams and later began working for defendant Pacific Union. Plaintiffs allege the realtor defendants failed to uphold their duties of care during formation and execution of the ...

Excerpt: ...is stake in the fund's investments. Bar-Ziv and Blue Sparrow move to strike the first through fourth and seventh causes of action for wrongful termination, interference with contractual relations, defamation, breach of the covenant of good faith and faith and fair dealing and violation of the California confidentiality of medical information act, arguing these claims arise out of activity protected by the anti-SLAPP statute. They also demur to th...

Excerpt: ...endants failed to fix it. Eckhaus sues for breach of the warranty of merchantability under Cal. Civ. Code §1791 et seq., the Song-Beverly Act. Defendant McLaren Automotive (MAI) argues discovery revealed Eckhaus suffered no damages, making no lease payments or incurring any other expenses related to the vehicle. MAI seeks to reclassify the matter as limited civil. On January 13, 2021, the court issued a tentative ruling granting the motion. The ...

Excerpt: ...urt would consider terminating sanctions if Albinali again failed to comply. Defendant Calvert moves for terminating sanctions, as Albinali failed to appear. A court may order sanctions, up to and including terminating sanctions, for disobeying a discovery order. Cal. Code of Civ. Proc. §§ 2023.010, 2023.030. Terminating sanctions are meant to be remedial, not punitive, and should generally not be imposed unless lesser sanctions fail to induce ...

Excerpt: ...art Rubin's brother, seeking records and communications related to the project, and other development projects involving Stuart Rubin. Dr. Rubin, Stiffelman's former client, argues the subpoena violates attorney-client privilege and improperly seeks to weaponize confidential client information. Dr. Rubin also argues the subpoena's requests are overly broad, uncertain and oppressive. An attorney is forbidden to use against a client knowledge or in...

Excerpt: ... punitive damages from the SAC. On 10/13/2022 the court sustained a prior demurrer with leave to amend the FAC to provide facts as to the nature of the Bane/Ralph act violation allegations and to clarify Chompol and Sweeney's liability. Corporate officers are not liable for a corporation's wrongdoing by virtue of their status as officers or directors; they are liable only if they personally direct, ratify or participate in tortious conduct. Reyno...

Excerpt: ...Professional Conduct Rule 3.7(a) provides that a lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness. Under the advocate-witness rule, “an attorney who intends to testify at trial may not participate in any pretrial activities which carry the risk of revealing the attorney's dual role to the jury.” In some instances, rule 3.7 prevents a testifying attorney from participating in pretrial litigation, suc...

Excerpt: ...her requests for reasonable accommodations, and the hotel and its amenities were inaccessible and/or dangerous. Defendant Palmetto Hospitality demurs to causes of action for intentional infliction of emotional distress and false imprisonment. Intentional Infliction of Emotional Distress (IIED) A cause of action for intentional infliction of emotional distress requires conduct “so extreme as to exceed all bounds of that usually tolerated in a ci...

Excerpt: ... complaint (TACC), containing causes of action for negligent infliction of emotional distress and abuse of process. Aimco moves to strike under California's anti-SLAPP statute. Courts resolving an anti-SLAPP motion under Cal. Civ. Code §425.16 must follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In the prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from t...

Excerpt: ...im harassing messages, interfering with his business relationships and damaging and/or stealing property. Vandenberg cross-complained, alleging Hall threatened and intimidated her, prevented her from accessing anxiety medication, kicked her out of their shared residence, and interfered with her business relationships. Hall moves to strike Vandenberg's request for punitive damages. If a plaintiff seeks punitive damages but does not specifically al...

Excerpt: ...against Bestland, alleging a contractual duty to defend, indemnify and hold harmless and moves for summary judgment, arguing Bestland failed to defend. Bestland's contract with Oh obligates it to “defend, indemnify and hold harmless Owner from and against any claims, allegations, damages, awards, judgments and expenses of any kind or character . . . which may arise out of or result from in whole or in part from Contractor, Contractor's subcontr...

Excerpt: ...s unavailable when more than six months pass after the entry of default; relief under §473.5 becomes unavailable the earlier of two years after the entry of default judgment or 180 days after written notice that default judgment has been entered. Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735 fn. 3. A court may vacate default on equitable grounds, such as extrinsic fraud or extrinsic mistake, even if statutory relief is...

Excerpt: ...om the property. Landlord Tana moves for a preliminary injunction, asking the court to order the De Julios to remove all personal possessions, so she can make repairs and rent the property. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non-moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the merits. IT Corp. v. ...

Excerpt: ...ve to amend as to the nuisance cause of action. Plaintiffs' third amended complaint contains a single cause of action for private nuisance. Defendants demur. A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plai...

Excerpt: ...n denying summary judgment on the grounds that there was a triable issue of fact regarding the issue of collapse. After oral argument, the court again continued and requested further supplemental briefing as to disputed fact #3 stating defendant's administrator allegedly told plaintiff the remaining portion of the balcony still attached to the property should be “professionally secured,” section E8A2 of the policy stating “[a] building or a...