Excerpt: ... On 2/17/23, Defendant served responses. The parties attempted to meet and confer, but the parties were unable to resolve their issues. Plaintiff is seeking the following general categories of documents: (1) those relating to GM's internal investigation and analysis of the powertrain and electrical defects plaguing Plaintiff's vehicle and establishing that Defendant previously knew of such defects but nevertheless refused to repurchase the vehicl...

Excerpt: ...laims. LBUSD contends the cross-complaint is compulsory and the motion is timely made, such that leave should be granted. Flores opposes the motion. He argues the proposed cross-complaint is time- barred, LBUSD lacks standing to bring the cross-complaint, and he will be prejudiced if the motion is granted because trial is only four months away. b. Timeliness of Motion Defendant filed its answer on 10/21/22. It contends it attempted to file its cr...

Excerpt: ... On 7/28/23, at Plaintiff's request, the Court advanced the hearing date and rescheduled the motion for hearing on 8/03/23. At the same time, the Court specially set a hearing on Defendant's demurrer, and ordered Defendant to file a demurrer by 7/31/23. 2. Motion to Strike Defendant moves to strike the entire complaint, contending Plaintiff improperly had her attorney verify her complaint instead of verifying it herself. The parties discuss the r...

Excerpt: ... projects were complete. Plaintiff alleges Defendants completed and sold the projects, but made no payments to Plaintiff. 2. Cross‐Complaints DDSW and Thompson filed a cross-complaint against Sazegar, and Sazegar filed a cross- complaint against DDSW and Thompson. DDWS and Thompson, on the one hand, and Sazegar, on the other hand, settled their cross-claims, and the settlement included a provision obligation Sazegar to pay Thompson/DDSW's attor...

Excerpt: ...ng was continued several times, and on 6/02/23, Plaintiff filed a First Amended Complaint. The FAC includes the original forcible detainer causes of action, but also contains causes of action for breach of contract, promissory estoppel, interference with economic relations and contractual relations, conversion, and declaratory relief. Prior to the hearing on the continued demurrer, the Court issued a tentative ruling indicating it was inclined to...

Excerpt: ...ard and granted Defendant's motion for attorneys' fees. The Court ordered Plaintiff to pay $13,790 in attorneys' fees to Defendant. 3. Motions to Compel a. Initial Note Plaintiff has, at all times in this action, been represented by James McCone at the Law Offices of Vincent Real. Plaintiff has not, either prior to or subsequent to entry of judgment, filed any substitution of attorney. Defense Counsel declares he served the subject discovery on P...

Excerpt: ... a first cause of action as "negligence against all defendants," then lists "first cause of action – continued negligence per se allegations,” then a second cause of action for general negligence, and a third cause of action for negligent hiring, training, supervision, and retention. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, rega...

Excerpt: ... moving papers. The Court cannot, therefore, meaningfully consider the subpoena in ruling on the motion. Additionally, CRC 3.1345(a)(5) requires a separate statement with a motion to quash, which allows the Court to meaningfully evaluate each category of documents sought and make a determination as to whether the documents are the proper subject of discovery. Review of the parties' papers reveals that the subpoena at issue was propounded on Movin...

Excerpt: ...at Defendants are agreeing to permit Plaintiffs to file an SAC, but that they reserve the right to attack the pleading on any and all available grounds. 2. 6/01/23 Ruling on Demurrer On 6/01/23, the Court ruled on Defendants' demurrer to the complaint. The Court incorporates its 6/01/23 ruling into this order by reference. 3. Motion for Reconsideration a. Parties' Positions Plaintiffs move for reconsideration of the Court's 6/01/23 ruling. Plaint...

Excerpt: ...njunction a. Procedural History of Motion On 5/24/23, Plaintiff filed a motion for preliminary injunction, emergency injunctive relief, and restraining/protective order, setting it for hearing on 9/14/23. On 6/21/23, the Court granted Plaintiff's ex parte application to advance the hearing on the motion, and rescheduled the hearing for 7/27/23. The Court indicated Plaintiff could not combine motions, and limited Plaintiff to hearing on a motion f...

Excerpt: ...ndants Wendel A. Swisher (“Swisher”), Enterprise Rent-A-Car Company of Los Angeles, LLC (“Enterprise”), Liberty Mutual Fire Insurance Company (“Liberty Mutual”) (collectively, “Defendant”) for damages relating to a motor vehicle accident that occurred on July 2, 2020. The complaint alleges one cause of action for negligence against Swisher and Enterprise, and two causes of action for declaratory relief and breach of contract again...

Excerpt: ...1-50 for damages arising out of a trip and fall on the sidewalk on November 6, 2020. The complaint alleges causes of action for (1) negligence against Does 1-15, (2) premises liability against Does 16-30, and (3) dangerous condition of public property under Gov. Code section 835, et seq. against the City of Whittier and Does 31 through 50. As against the City of Whitter (“Defendant”), Plaintiff alleges the height differential caused by the di...

Excerpt: ...JX Companies, Inc., and Marshalls of CA, LLC erroneously sued as Marshall's Department Stores of California, Inc. (“Marshalls”) for injuries Plaintiff sustained after slipping and falling on a allegedly unsafe flooring. At this time, Marshalls moves for terminating sanctions and/or monetary sanctions in the amount of $1,522.50 against Plaintiff for failure to comply with the Court's March 14, 2023 order compelling responses to Marshall's set ...

Excerpt: ...ed to the notice of deposition on various grounds, and the parties were unable to resolve their dispute. Plaintiff now moves to compel the deposition. b. Initial Note re: Documents Plaintiff's notice of deposition seeks production of documents. In opposition to the motion, Defendant argues various documents should not be produced. In reply, Plaintiff indicates the Court granted his motion to compel further responses to RPDs on 3/09/23, and he is ...

Excerpt: ...unction of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 311 (1985). No other extrinsic evidence ca...

Excerpt: ...ose. On 10/20/22, Plaintiff dismissed El Galleon from the complaint, leaving the case pending against the other two defendants. On 1/17/23, the remaining defendants filed an answer to the complaint. The answer includes a general denial and 36 affirmative defenses. 2. Demurrer to Answer Plaintiff demurs to the answer, contending affirmative defense fail to state a defense and the 16 th and 30 th defenses are uncertain. a. Law Regarding Answers A v...

Excerpt: ...ction for wrongful eviction and violation of the Covid-19 moratorium. 2. Motion to Compel Arbitration a. Relief Sought Regus Management Group, LLC (“Regus”) moves to compel arbitration. It contends Plaintiff and it entered into a binding arbitration agreement, and the agreement governs all claims set forth in this action. It seeks a written statement of decision in the event the Court denies the motion. b. Analysis Defendant supports its moti...

Excerpt: ...r could retain a life estate in the property. Plaintiff filed her complaint on July 22, 2022, and the case is set for trial on July 31, 2023. The instant Motion for Discovery into Financial Condition Pursuant to CCP § 3295(c), (hereinafter, “Motion”) was filed on May 3, 2023. Defendant filed Opposition Papers on July 7, 2023. Plaintiff filed Reply Papers on July 13, 2023. 2. Motion For Discovery Into Financial Condition Pursuant to CCP § 32...

Excerpt: ... the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. On February 22, 2023, Defendant filed this demurrer, arguing that the Complaint does not state sufficient facts to constitute a cause of action and the pleading is uncertain. 2. Demurrer a. Meet and Confer CCP section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone ...

Excerpt: ...Butler, Eliza B. Cruz Herrera, Bonita Express, Inc., Fortia Enterprises, Inc., Meraki C.J. Group, LLC, Empire JS Logistics, LLC, Elosa Logistics Corp., JT Truck & Equipment Sales, Inc., Unstoppable Empire, Inc., Roadrunner Truck Sales, Inc., H.E.R. Trucking, Inc., Huntington National Bank, U.S. Bank National Association, Banner Bank, Continental Bank, Paccar Financial Corp., Steve Gordon, and the State of California Department of Motor Vehicles. ...

Excerpt: ...s three causes of action: (1) Quiet Title, (2) Equitable Relief – Good Faith Improver of Real Property, and (3) Common Counts. At the Case Management Conference, it was agreed that Plaintiff would have leave to file the FAC but that the demurrer would stay on calendar so that there could be a resolution of the statute of limitations defense asserted by Defendant. (Plaintiff's Opposition p. 1 fn. 1.) On June 6, 2023, the Court held a hearing for...

Excerpt: ...is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc. § 430.41 subd. (a).) Here, moving Defendant has not filed a meet and confer declaration. However, the Court proceeds to the merits. b. Legal Standard on Demurrer A demurrer tests the sufficiency of the pleading at issue as a matter of law. (City of Chula Vista v. County of S...

Excerpt: ... and breach of contract causes of action pending. 2. Motion for Summary Judgment a. Legal Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of t...

Excerpt: ...l defendants filed a separate demurrer, but the two demurrers raise the same arguments, and will be ruled on together. Defendants argue the complaint is defective because (a) there is no three-day notice to quit attached to the complaint, and (b) they wish to work out a payment plan with Plaintiff and become current on their rent. c. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It rais...

Excerpt: ...fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...