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guaranty agreement: and that if he was entitled to enforce it as a third-party beneficiary: the guaranty agreement has been revoked under Cal.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...