Excerpt: ...scapes. This Court previously found that there are disputed facts as to the capacity in which Zarraga signed the rental agreement. Jay Griffith Landscapes relies on the case of Crocker National Bank of San Francisco v. Say (1930) 209 Cal. 436, 440 and Sayre v. Nichols (1857) 7 Cal. 535. These cases involve promissory notes and what is required to establish that a signatory of a note signed merely as an agent or if he signed as an obligor. In that...

Excerpt: ...Chattel is sufficiently alleged. As to the 2nd Cause of Action for Negligent Supervision, there are no facts to show that Doe 1 was the agent of the Defendant or that Defendant had a duty to supervise Doe 1. As to the 3rd Cause of Action, how can Defendant Dr. Lo be responsible for the negligent supervision of him by Defendant Access Specialty Animal Hospital? There are insufficient allegations to support a claim for punitive damages. ...

Excerpt: ...l documents from Karagas, including an employment agreement between Plaintiff and Global Pacific Sales, Inc. There has been a sufficient compliance with the Court's order. ...

Excerpt: ...rued as a fact or an opinion. The truth of the statement is in dispute: "For years, the former Board member sat on the Board voting for Board decision while allowing other Board members to believe that he had the authority to do so." Plaintiff's evidence disputes the truth of the statements. Plaintiff testifies that he informed the Board of the nature of his ownership status and the Board found that this was sufficient to meet ownersh...

Excerpt: ...There is an issue here whether Defendant breached its duty of care. Defendant fails to negate the allegation of breach with evidence that the relevant power lines were maintained in compliance with GO 95. Further, SoCal Edison fails to establish that it did not know nor should have known that the building would encroach on the clearances under GO 95. In its Separate Statement of Undisputed Material Facts No. 7, SoCal Edison states, "Neither s...

Excerpt: ... significant benefit by eliminating the claim based on her filing of a police report. The Court finds that $11,000.00 in fees is reasonable using the lodestar analysis. Further, the moving party is entitled to costs of $3,012.34. These sums are ordered to be paid by Plaintiff within 10 days. ...

Excerpt: ...the basis of this cause of action were due upon payment. See the First Amended Cross‐Complaint Paragraphs 6 and 10. Which of the contracts were oral and which were implied? If implied, what was the nature of the conduct by which they were implied? The 2nd Cause of Action is really a Quantum Meruit claim. It is properly alleged. ...

Excerpt: ...s the representations were made. As to the unfair business practices claim, Plaintiff is alleging a claim for restitution. See Paragraph 23 of the Complaint. As to the claim for attorney's fees, what is the basis for the claim? As to the claim for punitive damages, a properly alleged fraud claim will prove the basis for punitive damages. ...

Excerpt: ...ysis, Plaintiff fails to show a probability of prevailing: ‐‐All three causes of action are based on Defendant's failure to disclose that she was under investigation and her misrepresentations regarding her qualifications to serve as the evaluator. The only evidence of the misrepresentations are the Stipulation and Order. Those representations fall within the protection of the litigation privilege. See Civil Code Section 47(b). See Jacob ...

Excerpt: ...alleged that the loans that form the basis of this cause of action were due upon payment. See the First Amended Cross‐ Complaint Paragraphs 6 and 10. Which of the contracts were oral and which were implied? If implied, what was the nature of the conduct by which they were implied? The 2nd Cause of Action is really a Quantum Meruit claim. It is properly alleged. ...

Excerpt: ...o the 5th Cause of Action (Violation of Civil Code Section 2924.10), the 7th Cause of Action (Negligence), and the 8th Cause of Action (Violation of Business and Professions Code Section 17200) is overruled. Several of the claims are based on the alleged conduct of Ocwen. Plaintiffs fail to allege that Ocwen acquired Shellpoint's principal assets and therefore it cannot be held liable as a successor. Plaintiffs do allege that Ocwen was acting...

Excerpt: ...rther, the moving party cannot ask this court to adjudicate that part of the damages sought in the 4th Cause of Action (Quantm Meruit) to be barred by the Statute of Limitations. As to the request to adjudicate the 4th Cause of Action (Quantum Meruit) and the 6th Cause of Action (Reimbursement), Alfredo Quesada is not claiming that he performed contractor services for the Maenpas. Instead, he is claiming that he performed services as a joint vent...

Excerpt: ...21, 2017. The Complaint was filed on November 22, 2017. As to the 5th Cause of Action (Unfair Business Practices), what conduct gives rise to this claim? Does Plaintiff have standing to bring this claim in light of the fact that he is not a competitor nor a customer of Defendant. ...

Excerpt: ...vidence that there was no breach of the agreement. The CO2 laser resurfacing procedure was removed from the consent form. See Defendant's Separate Statement of Undisputed Material Facts No. 5. Further, Defendant presents evidence that the fat transfer procedure was performed as agreed. See Defendant's Separate Statement of Undisputed Material Facts No. 6. ...

Excerpt: ...n (Constructive Fraud), and the 6th Cause of Action (Fraud in the Inducement); the Demurrer is sustained without leave to amend as to Plaintiff Alkviades David. As to the 1st, 4th and 5th Causes of Action, even though it appears on the one hand that only The Hills Settlement LTD and Beverly Hills Real Estate Holdings, LLC are the parties to the agreement, Exhibit B states that "Buyer's Agent, Victor Franco Noval, agrees to invest Five Mil...

Excerpt: ...discrimination that occurred at the event." How did this defendant participate in the sex discrimination? ...

Excerpt: ...470003004400560003> <004800550059004c004600 0044005100470003> overruled as to Defendant Manulele I. Tuitama. <004f0048004a0048004700 00560051004800560056> <0058005600030046005200 004f0048005000480051>t <004800560057004c004a00 00470003> <004f004f0048004a004800 004c0048005100570003> <005300480046004c004900 > <000300450048004f004c00 0057004b004800030048>ntity <0049005200550003004b00 00030036004800480003> Second Amended Complaint, Paragraphs 38-40. <...

Excerpt: ...s did not post jury fees over the past 2 years. Plaintiffs are prejudiced in that they have prepared for a bench trial. There is a failure to explain why Defendants need to conduct additional discovery. Why did they wait? ...

Excerpt: ...alderas testifies, "The only thing that changed on this traffic control plan was heading north on 17th Court per city, Ramon, after working hours and weekends only for us to open up traffic control, move the K‐Rail so that there was access going‐‐coming out of 17th Court, but we had to put a sign there for the no left turn, heading onto Montana so, when you come out of 17th Court, it was a right turn only so we would set up a sign for n...

Excerpt: ...m state, purposeful availment exists. See McGee v. International Life (1957) 355 U.S. 220, 221‐222. Initially, Defendant Continentale provided insurance to Plaintiffs while they resided in Germany. Thereafter, Plaintiffs moved to California and Continentale registered all of the Plaintiffs after their move to California. The policy was intended to cover the insureds internationally. By extending the insurance to Plaintiffs knowing they resided ...

Excerpt: ...ee McMillan Process v. Brown (1939) 33 Cal.App.2d 279, 283. ...

Excerpt: ...should have raised his malpractice claims during the KRS litigation. However, at the time of Plaintiff's Answer in that litigation, the claims here were not ripe and could not have been litigated in KRS v. Saber. Res judacata does not apply because this action is based on claims that arose during the pendency of the predecessor action. As to the Statute of Limitations issue, this action was filed on January 30, 2017. Therefore, the discovery ...

Excerpt: ...port a finding of a subcontract. See Tower's Separate Statement of Undisputed Material Facts No. 1‐10. Also, the First Amended Complaint alleges that the contract exists in paragraph 25. To the extent that a subcontract between McCormick and Tower Glass was a condition precedent for a subcontract between Tesla/Asis and Tower Glass, there is a question whether the condition precedent was met. Further, there is a triable issue whether there w...

Excerpt: ...ny of the discovery requests do not appear to be relebant to that claim. Also, some discovery seeks information from Defendant about Plaintiff's state of mind. The parties may wish to seek court assistance in the future through an Informal Discovery Conference. No sanctions. ...

Excerpt: ...are not liable under this theory of relief for products used in connection with the care and treatment of patients. The allegations are not clear and more informatin is needed, for example: ‐‐What defect caused injury? ‐‐What express warranty was breached? ‐‐How are these defendants held responsible for strict liability? Defendants' Motion to Strike is granted without leave to amend. Punitive damages are not available. Further, &#...