Excerpt: ...Defendant Preferred Bank (“Preferred”) has filed a demurrer to Plaintiffs' Second Amended Complaint (“SAC”). Defendants Pico & Lull, CPA's, Richard Lull and Steven M. Pico Revocable Trust (collectively, “Pico”) also filed a demurrer to the SAC. After the filings of the demurrers, Plaintiffs filed a Motion for Leave to File a Third Amended Complaint (“TAC”). The Hotel Defendants and defendant David Zislis (“Zislis”) filed oppos...

Excerpt: ...s bring this opposed motion to compel arbitration. Objections: Plaintiff objects to statements in the Declaration of Erin Simonson, Defendants' Human Resources Director, on the grounds of foundation, relevance, and hearsay. Plaintiff's objections nos. 1-3 are OVERRULED. Standard: Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contr...

Excerpt: ...sional negligence and breach of fiduciary duties. Plaintiffs allege Defendants failed to ensure that Kenneth Evans' (“Decedent”) fourth and fifth amendments to his estate planning documents were valid, which resulted in litigation upon his death. Plaintiff's Request for Inspection seeks for Defendant Mark Miller (“Defendant”) to make various computers used by him available for inspection by Brad Maryman (“Maryman”), a forensic expert....

Excerpt: ...on of John Morales, Defendant's Vice President of Administration, on the grounds of lacks personal knowledge, authentication, and hearsay. The statement is: “On December 13, 2010, Plaintiff and CDB entered into an Arbitration Agreement (“First Arbitration Agreement”).”(Decl. Morales, ¶ 5.) Plaintiff's objection is SUSTAINED. Plaintiff objection to Exhibit F (both arbitration agreements) of Morales' Declaration is OVERRULED. Standard: Und...

Excerpt: ...ctim, Plaintiff's passenger, was left in a permanently incapacitated state. On November 16, 2018, Plaintiff filed a First Amended Complaint (Case No. BC706044) against Dr. Cynthia L. Miller Dobalian, daughter and heir of that witness (Gerald Miller), alleging that Miller negligently deprived Plaintiff of his liberty. In that civil action, Dr. Dobalian was represented by attorney Kirsten L. Erney. On July 25, 2019, the Honorable Gregory Keosian, h...

Excerpt: ...aintiff filed this motion requesting that Defendant General Motors LLC produce its Person Most Knowledgeable (“PMK”) and Custodian of Records for deposition and request sanctions against Defendant and their counsel in the sum of $2,185. Standard: Code of Civil Procedure section 2025.450 provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person desi...

Excerpt: ...ments served on Co-Defendant District. On August 13, 2020, Doe filed a Pitchess motion to require District to disclose information from Toruno's personnel file and investigatory records. PITCHESS MOTION 1) Plaintiff Doe's Pitchess Motion-GRANTED Standard: There is a special two-step procedure for securing disclosure of peace officer personnel records. Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1019. First, the party seeking disclosure must...

Excerpt: ...020 Second Amended Complaint (“SAC”) alleges causes of action against Defendant for: 1. Breach of Implied Contract; 2. Quantum Meruit; 3. Promissory Estoppel; 4. Unjust Enrichment; 5. Unfair Business Practices (Cal. Bus. & Prof. Code § 17200, et seq.) Defendant is a self-funded employee benefit plan that is regulated and governed by Employee Retirement Income Security Act (“ERISA”). (SAC, ¶ 6.) Plaintiff alleges that on five separate oc...

Excerpt: ...s, including Kyle Fitzpatrick, pretextually evicted him from the property. On July 16, 2020, the Court granted Defendants' four motions to strike (anti-SLAPP) and now bring this Opposed motion requesting a total of $82,117.22 in attorneys' fees and costs. Standard: The anti-SLAPP statute provides that “in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney'...

Excerpt: ...ly 13, 2020, Defendants filed the instant motion for summary adjudication of Plaintiffs' First cause of action for Breach of Implied Warranty of Merchantability. Objections: Defendants' objections to Plaintiffs' exhibits D through L are OVERRULED. Judicial Notice: Judicial notice is TAKEN of exhibits A through C, discussion of the legislative intent of the Song-Beverly Act. First Cause of Action, Breach of Implied Warranty of Merchantability: GRA...

Excerpt: ...�) that were secured by her home, the Subject Property. Ronald Stauber is alleged to have drafted the security agreement while his wife Elizabeth Stauber, daughter of Saret, was Saret's agent. Plaintiff alleges that defendants defrauded him because the Subject Property had already been transferred into a trust when the security agreement was executed. On November 11, 2019, Plaintiff filed a First Amended Complaint (“FAC”) against defendants a...

Excerpt: ...the salesman promised her that the subject vehicle would be installed with a tow-hitch and new tires. Plaintiff also alleges that the salesman served her vodka based cocktails until she was intoxicated and then had her sign the sales contract. Plaintiff's Complaint alleging causes of action for: 1. Voidable Contract (Sales Agreement); 2. Breach of Contract and Implied Good Faith and Fair Dealing; 3. Misrepresentation, Fraud, and Deceit; 4. Neglig...

Excerpt: ...everly Act. On August 12, 2020, Defendants filed this opposed motion to compel arbitration and stay the proceedings. Judicial Notice: Both Defendants and Plaintiffs request judicial notice of federal district court orders either compelling arbitration or denying requests to arbitrate. Judicial notice is DENIED as the orders are irrelevant to the facts of this case. Objections: Defendants object to statements made in the declaration of Stephen Par...

Excerpt: ...s in the amount of $3,759. Meanwhile, on February 19, 2020, Plaintiffs filed a motion to depose Ford Motor Company's PMK and Custodian of Records and for monetary sanctions in the amount of $1,860. Plaintiff previously deposed Defendant Ford's PMK and Custodian of Record but Defendant only produced the witnesses to some of the matters of examination. Plaintiffs request that Defendant Ford be ordered to produce a PMK and Custodian to speak on matt...

Excerpt: ...es that as a result of the accident he suffers from several abdominal conditions and traumatic brain injury. 1. Plaintiff's Motion to Compel RFD and SROG: MOOT Defendant's counsel states that this motion is moot because he has provided the requested discovery. Counsel admits that he did not timely respond and states that the discovery requests were not calendared properly because of issues caused by the pandemic. Counsel also states that before t...

Excerpt: ...on to Consolidate: GRANTED On June 19, 2020, Petitioners Ivie and Diggs filed the motion to compel arbitration against Dade (Case No. 20STCP01967.) On July 9, 2020, Dade filed her own a complaint for employment discrimination against Ivie and Diggs (Case No. 20STCV25831.) The cases have been related. As both cases “involve a common question of law or fact” per Civil Procedure Code section 1048(a), consolidating them avoids Petitioners having ...

Excerpt: ...D. Defendants argue that a claims examiner does not owe any independent duty to an insured and thus, cannot be held liable for alleged negligent claims handling. “ ‘The elements of negligent misrepresentation are (1) a misrepresentation of a past or existing material fact, (2) made without reasonable ground for believing it to be true, (3) made with the intent to induce another's reliance on the fact misrepresented, (4) justifiable reliance o...

Excerpt: ...v't Code § 12940(a)); 2) Disability Discrimination in Violation of FEHA for Failure to Provide Reasonable Accommodation (Cal Gov't Code § 12940(m)); 3) Disability Discrimination in Violation of FEHA for Failure to Engage in the Interactive Process (Cal Gov't Code § 12940(n)); 4) Tortious Termination and Discrimination in Violation of Public Policy Based on FEHA and California Case Law; 5) Breach of Implied-In-Fact Covenant Not to Terminate Wit...

Excerpt: ... by gases and fire debris. On October 23, 2019, Plaintiffs filed a Complaint against Defendant alleging causes of action for: 1) Insurance Bad Faith, and 2) Breach of Contract. Analysis: The Court will mirror the parties' papers and discuss the second cause of action first. Second Cause of Action, Breach of Insurance Policy: OVERRULED Defendant argues that there was no breach. Defendant states that under the policy they were only obligated to pro...

Excerpt: ...na Health and Life Insurance Company; Aetna Life Insurance Company (collectively, “Entity Defendants”). Plaintiff also alleged claims for harassment and intentional infliction of emotional distress against Todd Rushworth and Silvia Barbosa, Terminix employees. On August 6, 2019, the Entity Defendants attempted to remove the entire action to federal court, the matter was remanded—but not before the District Court granted the Entity Defendant...

Excerpt: ...Implied Covenant of Good Faith and Fair Dealing; 3) Invasion of Privacy; 4) Breach of Fiduciary Duty; 5) Defamation-Slander; 6) Interference with Prospective Business Advantage. On February 18, 2020, Ho filed a demurrer to Plaintiffs' Third, Fifth, and Sixth causes of action. Ho has also filed a motion to strike punitive damages from the FAC. On February 20, 2020, Mok filed a demurer to the Third through Sixth causes of action. Mok has also filed...

Excerpt: ...vertised as passing a rigorous inspection process before being resold. Plaintiff alleges that she relied on CPO certification when purchasing the subject vehicle. However, Plaintiff alleges that the subject vehicle had preexisting undisclosed accident damage and that the vehicle should not have passed the inspection process. Plaintiff's First Amended Complaint (“FAC”) alleges: 1. Violation of the Consumers Legal Remedies Act (KDW Only); 2. Vi...

Excerpt: ...t Inducement-Intentional Misrepresentation. On November 26, 2019, Defendant filed a demurrer as to the Fourth and Fifth causes of action. Defendant also filed a motion to strike punitive damages from the Complaint. Uncertainty: OVERRULED Defendant argues that the Complaint is uncertain. A special demurrer for uncertainty, Code of Civil Procedure §430.10(f), is disfavored and will only be sustained where the pleading is so bad that defendant cann...

Excerpt: ...rauma and died on March 17, 2017. Simenthal was charged and convicted of the crime. On September 19, 2019, Plaintiff Esperanza Velarde Sanchez (“Plaintiff”), individually and as successor-in-interest to Decedent, sued Defendant Department of Transportation. On September 19, 2019, Plaintiff served third-party Los Angeles Police Department (“LAPD”) with a Deposition Subpoena for Production of Business Records. The subpoena sought the produc...

Excerpt: ...ng him to file a Fourth Amended Complaint (“FAC”). The Fourth Amended Complaint dismissed Chief David L. Maggard from the action and dismissed Plaintiff's punitive damages claim, leaving the following causes of action against Defendant: 1) Race Discrimination in Violation of FEHA; 2) Harassment in Violation of FEHA; 3) Retaliation in Violation of FEHA; 4) Failure to Prevent Discrimination, Retaliation, and Harassment in Violation of FEHA; 5) ...