Excerpt: ...perative to a condominium complex. Plaintiff alleges the building was not properly classified as a stock cooperative, and therefore Defendants were not permitted to use the process to convert a stock cooperative to a condominium complex, but they did so regardless of the incorrect designation. In connection with the first cause of action for slander of title, Plaintiff alleges he purchased one share of common stock on 1/21/09, giving him the righ...

Excerpt: ... sub-contracted with Richmond for lath and plaster services on the exterior of the building (there were other duties, but the court declines to follow the parties in over complicating what should have been a straight-forward motion.) After Gundry filed its' action against Maverick, Maverick cross—complained against Gundry alleging deficiencies in the work performed. Gundry in turn cross—complained against a number of sub-contractors, includin...

Excerpt: ...een the same parties on the same cause of action pursuant to CCP § 430.10(c), and (3) the Complaint fails to state sufficient facts to constitute a cause of action against Defendants pursuant to CCP § 430.10(e) and (f). Plaintiff filed the Complaint on February 21, 2019 for: 1. General Negligence 2. Gross Negligence 3. Premises Liability Defendants also move to strike exemplary and punitive damages from the Complaint. ALLEGATIONS: Plaintiff all...

Excerpt: ...o an agreement with Defendants for the rental of a working and fully functional recreational vehicle from August 28, 2016 to September 5, 2016. (Complaint ¶¶5-7.) Plaintiffs alleged the recreational vehicle provided to them by Defendants had a major sewage leak. The black water holding tank under the middle bathroom of the vehicle leaked heavily creating puddles of sewage in the compartment and under the vehicle. Plaintiffs alleged the entirety...

Excerpt: ...s to strike the FAC. ALLEGATIONS Plaintiff owned real property at 247 Roycroft Avenue in Long Beach, California. The case concerns a joint tenancy grant deed recorded on March 7, 2016, which purports that Plaintiff, for valuable consideration, conveyed a joint tenancy between herself and Defendant. Plaintiff alleges Defendant is not related to her but acted as a “personal chauffer” to Plaintiff and her husband. After the death of Plaintiff's ...

Excerpt: ... assert the following causes of action: 1. Elder abuse and neglect (Welfare and Institutions Code § 15600 et seq.); and 2. Violation of Patient's Bill of Rights (Health and Safety Code § 1430(b)). In the same action, Plaintiffs Rebecca Araujo (“Rebecca”) and Christina Hoogland (“Christina”) assert wrongful death cause of action (Code of Civil Procedure § 377.60). On August 8, 2019, Defendants filed this petition to compel arbitration. ...

Excerpt: ...rnish certain labor, services, equipment and materials for a work of improvement on the subject property, for which Maverick agreed to pay Gundry $4,552,884.00. (Complaint ¶6.) Gundry alleged it duly performed all work required to be performed under the agreement and, after crediting Maverick for progress payments made, Maverick still owes $362,829.21, plus interest. (Complaint ¶7.) On January 26, 2018, Maverick filed a general denial. Maverick...

Excerpt: ...iations between Carnival Cruises and Defendant City Attorney Campbell and Defendant Bray, and allege that Defendant City of Avalon awarded Catalina Classic Cruises the cruise ship tender contracts in violation of California law. Plaintiffs also allege that Defendants fail to uphold the validity of Plaintiff's' common carrier permit by disallowing Plaintiffs to operate shore boat service in Avalon harbor. Finally, Plaintiffs allege that Defendant ...

Excerpt: ...on; and (6) financial elder abuse. Plaintiff brings this action against Defendants Kimberly Olson Lind (“Lind”), Duane Westrup (“Westrup”), Marisa Commerford (“Commerford”), and Does 1 to 50. Plaintiff alleges as follows. Plaintiff commenced an action against the City of Long Beach for retaliation that was tried to a jury verdict in 2013. (Complaint ¶ 6.) In that action, Plaintiff hired Lind, Westrup, and Commerford as his counsel. (...

Excerpt: ...and a mutual waiver of costs of suit and attorneys' fees in exchange for a dismissal with prejudice as a full and final resolution of Plaintiff's claims against the Long Beach Defendants. GOOD FAITH SETTLEMENT The court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (CCP § 877.6.) This requirement furthers two sometimes competing policies: (1) the equitable sharing of costs among the parties at fault,...

Excerpt: ...Defendants who are not moving parties, owned and controlled the premises at 2351 W. 16 th St., Los Angeles. Plaintiffs allege the premises “was a very serious and obvious safety hazard” because “the containers” assigned to Plaintiffs' decedent (Oscar Miranda) and other truck drivers to “ferry” were old and outdated and had holes in them. They lacked forklift “pockets.” When loaded upon a truck chassis they “did not sit properly�...

Excerpt: ... prayers for punitive damages and associated allegations. ALLEGATIONS Plaintiff has purchased health insurance from Defendant “for decades.” He alleges that his purchased policies are “private, not employer provided.” Although of questionable materiality, he alleges his premiums have been as high as $72,000 per year. Throughout the decades he had been insured by Blue Shield and he has made claims for medical services and pharmaceuticals. ...

Excerpt: ...ion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” CCP §418.10: “(a) A defendant, on or before the last day of his...

Excerpt: ... seeks leave to amend the Complaint to: (1) add causes of action for conversion, fraud and deceit, and violation of penal code section 496; and (2) include additional specific facts concerning Mr. Nasri's allegations. No trial date has been set. ALLEGATIONS The Complaint states that on or about October 16, 2017, Direct Automotive Corporation (“Direct Auto”) through Juan Lopez (“Mr. Lopez”), its principal agreed to buy all of Mr. Nasri's s...

Excerpt: ...rt to discuss what facts there are. DISCUSSION The facts which can be gleaned are that Plaintiff was employed by Defendant as a cashier, and she had no problems with her employer from November 5, 2016 through May 2017. It appears she requested two weeks off without pay after her mother died on June 23, 2017, and her request was granted. On July 11, 2017 Plaintiff makes the legal conclusion that she was wrongfully evicted (The conclusion of “wro...

Excerpt: ...efing. The parties submitted their supplemental briefs. The court has read and considered the moving and opposing and reply briefs to each motion as well as the supplemental briefs and now rules. The requests for judicial notice were granted. The parties agree that there are no disputed facts at issue and only questions of law are presented. The court agrees. City electorate passed measure WW in November 2018. The stated purpose of the measure wa...

Excerpt: ...e rules of pleading, improperly combines multiple legal theories under a single caption, improper legal citations and argument, and is dense with unnecessary evidentiary materials, including photographs of his anus and blood on tissue paper, which add nothing to stating a claim. The court understands Mr. Pettenaro is acting without counsel but he is held to the same standards as an attorney. To state a claim, CCP §425.10 requires only: “(1) A ...

Excerpt: ...se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expen...

Excerpt: ..., against Maverick Decatur Georgia, LLC (“Maverick”) for breach of contract and foreclosure of a mechanic's lien. Maverick hired Gundry as its general contractor for a project called “Olympic Fitness.” Gundry sub-contracted with Richmond for lath and plaster services on the exterior of the building (there were other duties, but the court declines to follow the parties in over- complicating what should have been a straight-forward motion.)...

Excerpt: ...premises. Kardan Brady LLC filed an answer and a cross‐complaint alleging: 1.Breach of Contract 2. Negligence 3. Equitable Indemnity It is important to note that only the first two causes of action are charged against Evans – the claim for equitable indemnity is charged against “Roes” 1 – 25. The cross‐complaint acknowledges the allegations of the underlying complaint (Paragraph 7). In the first cause of action for breach of contract ...

Excerpt: ...d Wendy L. O'Rourke Service = ? – motion hearing set by court on September 9, 2019 On September 9, 2019, Defendants Nayyer Z. Ali, M.D. and Nayyer Ali, M.D., Inc. filed an ex parte application for an order regarding the designation of their expert cardiologist, C. Alan Brown, M.D. Defendants requested the court grant the ex parte application and issue an order that Dr. Brown is a properly designated witness who can testify at trial on the issue...

Excerpt: ...18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico On June 13, 2019 the court sustained a demurrer by Defendant Carolyn Olson, an employee of Pacific Coast University (“PCU”) to the entire complaint with leave to amend certain causes of action and without leave to amend as to others. On June 25, 2019 the court sustained the demurrers of other PCU employees mostly without leave to amend,...

Excerpt: ...t, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Id., § 436(b).) The grounds for a motion to strike are that the pleading has irrelevant, false or improper matter, or has not been drawn or filed in conformity with laws. (Id. § 436.) The grounds for mo...

Excerpt: ...her special interrogatories that is scheduled for a hearing on September 24, 2019.) Plaintiff also moves for an order to deem the matters admitted in Plaintiff's Request for Admissions, Set One. Plaintiff seeks monetary sanctions in the amount of $2,160 for each motion. Plaintiff served these sets of discovery via mail on July 11, 2019. Plaintiff via a meet and confer letter unilaterally extended the time for Defendant to provide the subject disc...

Excerpt: ... is inclined to permit its filing, with the exception that the first cause of action for attorney-client conspiracy be struck. INTRODUCTION This action arises out an agreement to purchase NK Financing Corporation. Plaintiff Mohammad Nasri sold NK to Defendants Juan Lopez, Direct Automotive Corporation, and Car Credit Auto Sales Coporation. The complaint, filed on March 11, 2019, asserts causes of action for: (1) BREACH OF WRITTEN CONTRACT (2) BRE...

Excerpt: ...2) Negligence. On June 20, 2019, defendant Visal NGA, D.O., filed an answer to plaintiff's Complaint. The defendant filed a motion for summary judgment to argue that the Plaintiff's Complaint is barred by the affirmative defense of the statute of limitations and that the Plaintiff cannot establish that his treatment was below the standard of care or that it caused the Plaintiff's claimed injuries. Under CCP section 340.5, the plaintiff had one ye...

Excerpt: ...19, Plaintiff filed a first amended complaint against Defendants, asserting causes of action for physical disability discrimination in violation of the FEHA, failure to accommodate disability in violation of the FEHA, failure to engage in a good faith interactive process in violation of the FEHA, retaliation in violation of the FEHA, failure to prevent retaliation from occurring in violation of the FEHA, wrongful termination in violation of publi...

Excerpt: ...AC”) asserting seven causes of action for: (1) Violation of Education Code sections 44112-44113; (2) Violation of Labor Code section 1102.5; (3) Violation of Government Code section 12940(h); (4) Violation of Government Code section 12940(j); (5) Constructive Discharge; (6) Intentional Infliction of Emotional Distress; and (7) Negligent Infliction of Emotional Distress. Defendant LAUSD now seeks an order awarding defendant LAUSD sanctions in th...

Excerpt: ...te Dissolution; and 5. Accounting and Declaratory Relief. Defendants Jay Palomo (“Jay”) and Saul Palomo (“Saul”) (collectively, “demurring defendants”) demur to the second and third causes of action on the grounds plaintiff has failed to state sufficient facts to constitute a cause of action. (See C.C.P. § 430.10(e).) Demurring defendants concurrently move to strike plaintiff's claims for exemplary/punitive damages and plaintiff's cl...

Excerpt: ...M. Trejo (case no. 19LBCV00067). On March 29, 2019, the court consolidated NC061025 and 19LBCV00067 and designated NC061025 as the lead case. Defendants Victor M. Trejo (“Trejo”) and Revive Contractors Group, LLC (“Revive”) (collectively, “defendants”) demur to the entirety of plaintiff Accurate Investment Partners, LLC's (“plaintiff”) Complaint (case no. 19LBCV00067): 1. Breach of Contract 2. Declaratory Relief ALLEGATIONS Plaint...

Excerpt: ...sts provision in the contract upon which this action was founded. (Chaney Decl., Exh. B.) The provision provides that the prevailing party in any legal proceeding related to the agreement is entitled to reasonable attorney's fees and costs, and Plaintiffs assert they are the prevailing parties. “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, ...

Excerpt: ...ion of emotional distress. At times relevant to the complaint, Plaintiff Elakabawi worked as a certified registered nurse anesthetist for Defendant Southern California Permanente Medical Group, Inc. (“Permanente”). On April 14, 2016, plaintiff received a call to respond to a newborn infant resuscitation emergency. Plaintiff proceeded with urgency to his destination, and swiped his access card against the electronic sensor on door number 17110...

Excerpt: ...�Cruz”), a behavior specialist who was assigned as a one-on-one aid for Doe on December 14, 2016, engaged in sexual assault and molestation of Doe during school hours while on school property. SUMMARY JUDGMENT Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact ...

Excerpt: ...fendant City of Avalon. Under a second, distinct contract, Plaintiffs also contracted with Carnival Cruise Lines to provide cruise ship passengers transportation from their cruise ships to Avalon Harbor. Plaintiffs allege improper secret contract negotiations between Carnival Cruises and Defendant City Attorney Campbell and Defendant Bray, and allege that Defendant City of Avalon awarded Catalina Classic Cruises the cruise ship tender contracts i...

Excerpt: ...aint, Erlandson sued Eversoft for: 1. Failure to pay wages; 2. Violation of California Labor Code § 226; 3. Violation of California Labor Code § 2802; and 4. Unfair competition and violation of Business and Professions Code § 17200 et seq. SUMMARY JUDGMENT Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine wheth...

Excerpt: ...ecessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” Only a little of this information is ascertainable. Plaintiffs describe how they agreed to set aside a default. Apparently some attorneys advised Plaintiff's counsel they represented the HOA but that was not true. A default was taken. A different attorney contacted Plaintiffs an...

Excerpt: .... The vessel crashed into the shoreline, injuring Plaintiffs. Connor Romero is facing criminal charges arising from this incident. The court previously appointed a discovery referee in this case, but it is proper for the court to hear this motion part of which is outside the scope of the reference. This motion was originally set for April 4 prior to the transfer of this matter to this Department. At the time the motion was filed, Connor's crimina...

Excerpt: ...aintiff in the underlying complaint is Guarantee Trust Life Insurance Company which issued a policy covering Raul Carvajal. Samantha and Olivia Carvajal are Raul's daughters by Carol Carvajal, but they are not named as beneficiaries of the policy. Carol Carvajal was Raul's wife and the primary beneficiary of the policy. Cross-Defendant and moving party Georgina Negrete is Carol's mother and the grandmother of Samantha and Sophia. She is also the ...

Excerpt: ...ght or Plaintiff's vehicle in time to prevent the collision due to multiple distractions and other factors. Plaintiff alleges Defendant was operating at a high rate of speed above the posted limit, that Defendant was under the influence of alcohol, that Defendant was texting on her cell phone, and that she had a loose dog in the car. DISCUSSION Defendant contends that the allegations outlined above do not establish entitlement to punitive damages...

Excerpt: ...ion of Emotional Distress 6. Breach of Fiduciary Duty 7. Violation of Gov't Code §12955.7 8. Trespass 9. Private Nuisance 10. Invasion of Privacy Defendants concurrently move to strike the claim for punitive damages in the 4 th cause of action, claims for non-economic damages or general damages “in an amount no less than $150,000” and special damages. OBJECTION AND MOTION TO STRIKE Plaintiff moves to strike the demurrer and motion to strike ...

Excerpt: ...ust. Defendants also move to strike the 2 nd cause of action. THE COMPLAINT Plaintiff Atiz Ltd. alleges it was formed in Bangkok, Thailand. It is in the business of manufacturing and distributing book digitization scanners and software and sells these products internationally, including in California. Defendant Warnock formed Atiz Inc. in 2006and registered the company in California. He is allegedly the sole owner of the company. Plaintiff agreed...

Excerpt: ...ion is deemed timely. Both interrogatories present similar issues for which Defendant seeks clarification or a further response: Form Interrogatory 6.1 asked if Plaintiff attributed any physical, mental, or emotional injury to “the incident.” Although the complaint is sparse on facts, there is enough to indicate Plaintiff was injured by a defective product identified as an “above-ground pool” manufactured by Intex. Form Interrogatory 6.3 ...

Excerpt: ... to enhanced remedies. 2nd Amended Complaint: 1. Wrongful Death 2. Negligence 3. Elder Abuse (against all defendants) 4. Fraud 5. Fraudulent Concealment 6. Fraud – “licensure” 7. Constructive Fraud 8. “Violation of Rights” (Health & Safety Code §1430(b)) 9. “Violation of Rights” (Health & Safety Code §1430(b)) ALLEGATIONS Plaintiff's decedent, Bessie McElroy, was an “elder” within the meaning of the Welfare & Institutions Code...

Excerpt: ...rivate Nuisance 6. Negligence 7. Intentional Infliction of Emotional Distress (“IIED”) 8. Unfair Business Practices Defendants concurrently move to strike allegations and prayers pertaining to attorney fees and punitive damages. THE COMPLAINT Plaintiff was a tenant in the property at 1056 ½ Broadway, Long Beach, California from October 2015 through September 2018 when he was “forced” to move out in retaliation for his complaints about un...

Excerpt: ...dated as well – where a court grants or denies a particular item the ruling pertains to both Defendants. Plaintiff requests $5,925 in monetary sanctions for each motion. TIMELINESS The form interrogatories were served by mail on January 9, 2019. Responses were due 35 days later on February 13, 2019. Defendant requested an extension to respond. Plaintiff agreed the responses could be served on March 15, 2019. Plaintiff granted a second extension...

Excerpt: ...e to Pay Earned Wages Upon Separation 8. Failure to provide Accurate Wage Statements 9. Unfair Business Practices 10. PAGA claim 11. PAGA claim The motion is joined by Defendants Hepta Run and Ed Tseng. These Defendants provide their own separate statement and evidence, but no memorandum of points and authorities. They incorporate Hart's memorandum and assert her arguments are equally applicable. That appears to be true and the court accepts the ...

Excerpt: ...se of his employment, made a left turn in front of Plaintiff Eddie Jones resulting in a collision. Michelle Jones is Eddie Jones' wife. She was driving a vehicle about 30 feet behind her husband. There were two vehicles between her and her husband's motorcycle. She claims NIED as a witness to her husband's injuries. DISCUSSION Plaintiffs have lodged objections to the moving evidence. The objections are all overruled. NIED is simply a form of ordi...

Excerpt: ...rings a motion to deem Requests for Admission (“RFAs”) propounded to Plaintiff admitted. This motion requests $2,460 in monetary damages against Plaintiff and her attorneys of record, jointly and severally. ALLEGATIONS Plaintiff was a tenant at 242 Glendora Ave., #2, Long Beach. William Byron is alleged to own the property. Plaintiff alleges a written lease executed on June 24, 2013 by co- Defendant Action management, Byron's property manager...

Excerpt: ... State on May 16, 2018. The request is granted. ALLEGATIONS Plaintiff alleges she was employed by “defendant” and the court assumes she means Aegis. She was employed from June, 2017 until her resignation on December 4, 2018. Plaintiff alleges Aegis is “an internet marketing company specializing in search engine optimization, social media management, and website design” (Paragraph 2). Initially she was paid “strictly commission of 20% of...

Excerpt: ...nt in the federal case of Patel v. City. The court does not take judicial notice of the truth of the contents of an exhibit except for orders, judgments, and the language of a statute or ordinance. “Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable. [Citation.]” (Unruh-H...

Excerpt: ...ack of standing.” THE COMPLAINT The complaint filed on May 143, 2018 contains the following causes of action: 1. Cancellation of Deed& Quiet Title 2. “Undue Influence” 3. Rescission 4. Elder Abuse 5. Conversion 6. Injunctive Relief 7. Declaratory Relief Because these motions do not concern the sufficiency of the allegations to constitute causes of action, only a brief summary of the allegations is necessary. Plaintiff owned real property at...

Excerpt: ...s GRANTED. Plaintiff Brian Abelar is ordered to serve responses, without objection, and to permit inspection and copying, within ten days. Because no reply brief was prepared or filed, monetary sanctions in the amount of $818.50 are awarded against plaintiff Brian Abelar and plaintiff's counsel of record, jointly and severally, payable within 30 days. (CCP §§ 2031.300(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).) Motion of Defendant Pr...

Excerpt: ...ther, the meet and confer declaration submitted with the moving papers indicates the parties last met and conferred on March 6, 2019 (Wright Decl. ¶ 9 & Ex. E), whereas the FAC was filed on April 12, 2019. Indeed, the substance of the March 6meet and confer was directly entirely to a different pleading and causes of action not at issue in the instant demurrer and motion to strike. The parties are ordered to meet and confer in full compliance wit...

Excerpt: ... action for contribution. The Demurrer is otherwise OVERRULED.  The first cause of action sufficiently states a cause of action for fraud in that it alleges defendant falsely promised to procure insurance with no intent to do so and made false statements to conceal the fact that no insurance had been procured. (SAC ¶¶ 45-60.)  The second cause of action adequately states a cause of action for breach of contract in that the SAC expressly a...

Excerpt: ...dually and on behalf of Socal. Exhibits A and B are “declarations of service” executed by Darrell Moore. He state that on April 23, 2018 at 8:15 a.m., he went to 1115 ½ South Yale Avenue in Santa Monica to effect service of the summons, complaint and other documents. When he arrived he “surmised” the address of 1115 ½ S. Yale Avenue would be in the rear of the property at 1115 S. Yale Avenue. As he passed the front house he saw a man in...

Excerpt: ...unity as Vice President from October 11, 2016 through June 5, 2017. On June 6, 2017 he was promoted to CEO and a new employment agreement was executed which appears as Exhibit A to the complaint. Plaintiff alleges he was instrumental in “growing and expanding the business” and was entitled to a contractual bonus and other benefits which were unpaid. He alleges he was terminated on October 3, 2018 on false charges that he engaged in racist, di...

Excerpt: ...ed to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (Subd (a) amended effective January 1...

Excerpt: ....16(f), the instant motion to strike was to be filed within 60 days of service of the operative complaint, unless the Court, in its discretion were to provide an extension. The operative First Amended Complaint (“FAC”) was personally served on Chtivelman on December 13, 2018. The FAC was served by substituted service on Lyubovny on December 14, 2018, with follow up mailing on December <0045005200590051005c00 00550048004900520055[e completed o...

Excerpt: ...ve responses, without objection, within ten days. Monetary sanctions in the requested amount of $1,022 are awarded against plaintiff Brian Abelar and his counsel of record, jointly and severally, payable within 30 days. (CCP §§ 2030.290(c), 2023.010(d), 2023.030(a), and CRC Rule 3.1030(a).) Motion of Defendant Providence Health System—Southern California dba Providence Saint Joseph Medical Center for an Order Compelling Plaintiff Dee Ann Abel...

Excerpt: ...ordon Payne actually had in effect a life insurance policy prior to defendants advising plaintiff to execute the premarital agreement. This also includes the duties set forth by an expert in the practice of family law with respect to advising the client about whose obligation it was to confirm the existence of the subject policy and about whether the insurance provision of the premarital agreement would assure Gordon Payne actually purchased and ...

Excerpt: ...ber 2, 2018 (Declaration of Buncher ¶16). The Responses were served by mail on November 1, 2018. The responses were timely due to the extensions. Ordinarily, a motion for further responses must be filed and served within 45 days of service of the responses (enlarged to 50 days if service was by mail pursuant to CCP §1005). The parties met and conferred. Defendant granted an extension for the time in which Plaintiff could bring a motion for furt...

Excerpt: ...buse statutes. Decedent suffered from Alzheimer's related dementia, diabetes and hypertension and “required constant monitoring and could not care for himself” (Paragraph 11). Plaintiff somewhat vaguely alleges “the present defendants undertook a caretaking relationship” with decedent. There are allegations against multiple facilities which are recited briefly for context. Decedent was admitted to Defendant Huntington Park Nursing Center ...

Excerpt: ...nt. Hicks allegedly retained the original of this contract. In 2017, Hicks sold Plethora without Plaintiff's knowledge or consent, and without paying him any part of the proceeds. The moving defendants were named as Does 1 and 2 on March 16, 2018. The claim against EMM and Campbell is that FedEx routes belonging to Plethora were transferred to them. In July, 2018 a demurrer to the 1 st Amended Complaint by these Defendants was sustained without l...

Excerpt: ...y as “Island Enterprises” unless context requires reference to a particular Plaintiff). Defendant City of Avalon is a municipality on Catalina Island. Defendant Scott Campbell is City Attorney for Avalon. Brian Bray was formerly Harbor Master for the City of Avalon from 1998 – 2017. J.J. Poindexter is the current Harbor Master who succeeded Bray as the Harbor Master in 207. Cheryl Allison is an Administrative Assistant employed by the City ...

Excerpt: ... Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico On June 13, 2019 the court sustained a demurrer by Defendant Carolyn Olson, an employee of Pacific Coast University (“PCU”) to the entire complaint with leave to amend certain causes of action and without leave to amend as to others. On June 25, 2019 the court sustained the demurrers of other PCU employees mostly without leave to amend, bu...

Excerpt: ...al charges pending against Hoyt in case NA110781. DISCUSSION Hoyt argues his 5 th Amendment rights against self-incrimination should bar any civil proceeding against him until resolution of the criminal charges. Hoyt's own authorities reflect that criminal charges do not necessarily require a stay: “The Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings. Federal Sav. & Loan Ins. Corp...

Excerpt: ...is status in acting in propria persona. The court also agrees that Plaintiff's declaration and argument about his financial condition and his assessment as to how Defendant treated him (i.e. I have committed no criminal act to deserve such treatment”) are not material to resolution of this motion. Plaintiff brings this motion pursuant to CCP §1286: “If a petition or response under this chapter is duly served and filed, the court shall confir...

Excerpt: ...spond up to November 2, 2018 (Declaration of Buncher ¶16). The Responses were served by mail on November 1, 2018. The responses were timely due to the extensions. Ordinarily, a motion for further responses must be filed and served within 45 days of service of the responses (enlarged to 50 days if service was by mail pursuant to CCP §1005). The parties met and conferred. Defendant granted an extension for the time in which Plaintiff could bring ...

Excerpt: ...s of hotel employees” in the City of Long Beach. The ballot asked the electorate “shall an ordinance be adopted to require Long Beach hotels containing more than 50 rooms to provide personal emergency contact devices for hotel workers, adopt restrictions on the square footage of hotel areas which may be cleaned and establish penalties for failure to comply with the restrictions?” The complaint focuses on the portion of the measure enacted a...

Excerpt: ...unctive Relief 17. Conversion 18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico On June 13, 2019 the court sustained a demurrer by Defendant Carolyn Olson to the entire complaint with leave to amend certain causes of action and without leave to amend as to others. The 1 st Amended Complaint is not yet due. The basis, in part, for sustaining Olson's demurrer was that the complaint was uncer...

Excerpt: ...nd Saul Palomom. Bierman concurrently moves to strike Plaintiff's claim for punitive damages. ALLEGATIONS The complaint is factually detailed but for purposes of the present demurrer by John Bierman it may be concisely summarized. In 1992 Juan Palomo formed a successful steel fabrication enterprise, a sole proprietorship, which did business as Palomo Steel. Juan's brothers, Defendants Jay and Saul, were hired on in in 1995. (With no disrespect in...

Excerpt: ...udes the following causes of action: 1. Breach of Contract 2. Breach of Warranty 3. Constructive Fraud 4. Fraud 5. Unfair Business Practices 6. Conversion 7. Declaratory Relief 8 – 11 Recovery on Contractor's Bond The 8 th – 11 th causes of action are not charged against these moving parties – they are against Co‐Defendant Sureties. The sureties are not charged in causes of action 1 – 7. The complaint may be briefly summarized. Plaintif...

Excerpt: ... parties entered to what is termed a settlement agreement (Ex B) on December 13, 2018. It recites that Flexi‐Van was continuing to provide track chassis and the current account was $258,000. (Technically, if $200,000 was reduced to judgment it is no longer <015d019000030128015d01 016f01b5011a011e0190L the $200,000 principal on which the judgment was rendered). New World was to pay $258,000 in installments. The first payment of $20,000 was due o...

Excerpt: ...uciary duty, dissolution, and accounting. On November 1, 2016, Defendants filed an answer to the complaint. INTRODUCTION Defendants move for summary judgment against Plaintiffs. In the alternative, Defendants move for summary adjudication of Plaintiffs' breach of written partnership agreement (1 st), breach of fiduciary duty (2 nd), dissolution (3 rd), and accounting (4 th) causes of action, as well as, Plaintiffs' prayer for punitive damages. EV...

Excerpt: ... leak from the Buttlers' unit caused damage and Auto Club apparently made payment to them under their policy. Renfrow alleges she suffered water damage from the leak in the Butlers' unit, but Auto Club denied her claim. It is fundamental that the Buttlers' insurance should not be mentioned in the case against them. The insurance must be placed into evidence in Renfrow's case against Auto Club. Defendant Galaxy Homeowners' Association (“HOA”) ...

Excerpt: ...amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” The declaration of attorney Darren Trone merely states that: 1. “After completing initial discovery, it appears” that as an alternative to the cancellation of deed and quiet title cause of action, a partition action should be alleged concurrently.” He does not indicate when the initial discovery was completed or what it was that �...

Excerpt: ...th two options for another 5 years each. Baars alleges he made over $500,000 worth of improvements authorized under the lease. Co‐defendant SRE acquired the property from Koll in 2015, and Koll assigned its rights and obligations under the lease to SRE. Baars alleges that on July 26, 2016, SRE sought and obtained an entitlement (2016 CUP) changing the building's use zoning to convert the building to a residential care facility for the elderly. ...

Excerpt: ...h another vehicle. County was allegedly negligent by reason of failure to secure Plaintiff with a seatbelt. Plaintiff had been handcuffed and was in the back seat of a patrol car driven by Sheriff's Deputy Andrew Hagewood. A 2013 Toyota Camry (License #6YRJ588) driven by Defendant James Thomas, Jr. “veered into the southbound lanes and collided with the subject vehicle” (Paragraph 4). Plaintiff alleges County breached mandatory duties imposed...

Excerpt: .... Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico As the court has repeatedly observed in ruling on previous demurrers to the 1 st Amended Complaint, this pleading disregards many of the fundamental rules of pleading. CCP §425.10: “(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordinary and concise ...

Excerpt: ...to Provide Accurate Wage Statements (Labor Code) 9. Unfair Business Practices 10. Civil Penalties (PAGA) 11. Civil Penalties (PAGA) ALLEGATIONS Plaintiff alleges he was an employee of Hepta Run, Inc. (and its predecessor HRT Trucking, <0085008701e60094008300 01e40003000b00870003>claims numerous violations of the Labor Code and that unlawful deductions were taken from his pay. Ed Tseng is alleged to be the company's owner liable for his company's ...

Excerpt: ... which he contends moots this demurrer. Under CCP §472 a plaintiff may amend a complaint once as a matter of right “before the answer or demurrer is filed” and after the demurrer is filed but before the hearing. Although some named defendants have answered, that does not cut-off Plaintiff's right to amend as to a defendant who has not answered or whose demurrer has not been ruled upon. “As we read the statute [CCP §472], a plaintiff has a...

Excerpt: ...a Rule of Court 3.1324, he court finds he has substantially complied with the rule. He attempts to provide all of the required information, even though the declaration is not complete in all respects. For instance, in stating the effects of the amendment as adding new causes of action, new parties, and a prayer for punitive damages (he also indicates “subpoena relevant persons/documents for trial” but this is not part of a pleading. Subpoenas...

Excerpt: ... confidential information of a client during representation, they can be disqualified from subsequently representing a client who has adverse interests against the first client. This is not such a situation. Plaintiff Jane CL Doe, an adult, alleges she was molested by her “de facto” step-father when she was a young girl. Tiffanee Lee is Plaintiff's mother and the former spouse of Defendant. The complaint refers to him as a “de facto” step...

Excerpt: ...judication, issues 1 and 2 are simply different reasons for why the 1 st cause of action fails (time-bar and illegal contract) ALLEGATIONS Plaintiff alleges his home was “underwater” in 2013 – i.e. worth less than the secured debt. Plaintiff attempted a short sale in which Defendant Gonzales was the buyer and SG Realty was “the broker and agent” (Plaintiff does not allege whether SG was a dual agent/broker but his deposition testimony a...

Excerpt: ... which appears as Exhibit A to the moving papers. There is no dispute that Plaintiff did execute the agreement. However it is also undisputed that Plaintiff was a minor when she executed agreement. Although she has now attained her majority, she filed this action prior to her 18 th birthday. DISCUSSION Unlike most motions to compel arbitration, no issues are raised with respect to the execution of the stand-alone mutual arbitration agreement and ...

Excerpt: ...ces 16. Injunctive Relief 17. Conversion 18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico ALLEGATIONS As the court observed in ruling on previous demurrers to the 1 st Amended Complaint, this pleading disregards many of the fundamental rules. CCP §425.10: “(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of acti...

Excerpt: ...estoration Project. There were eight change orders during the performance of work “that resulted in new and unforeseen work” (Paragraph 7). Plaintiff “disagreed with the content of the change orders including the description of the work to be performed and the estimated amount of money it would take to perform the tasks outlined in the change orders.” Plaintiff refused to sign “many of the change orders” but informed City it would “...

Excerpt: ... any, this is. 15. Unfair Business Practices 16. Injunctive Relief 17. Conversion 18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico. ALLEGATIONS This is not a well-pled complaint in that is disregards many of the fundamental rules. CCP §425.10: “(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordin...

Excerpt: ... outside the complaint. Counsel uses such techniques as “important for an understanding of this lawsuit” and “although also not alleged, it is important to understand that . . . . .” The court disregards these recitations. The only thing important on demurrer are the facts actually plead and judicially noticeable materials. The court's analysis is based solely on four corners of the complaint and not the extraneous material defense counse...

Excerpt: ...porting declaration with specific information: “(b) Supporting declaration A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” The supporting declaration only indicates the identities of the Does were un...

Excerpt: ...nsider late-filed papers. BACKGROUND Plaintiff is an attorney suing his former clients. He litigates this action in Propria persona. Exhibit 1 reflects that Plaintiff's deposition was noticed for April 22, 2019. The notice of deposition was served by mail on March 29, 2019. On April 16, 2019 Defendants served notice by overnight mail that the location for deposition was changed. The date for the deposition did not change (Exhibit 2). Plaintiff di...

Excerpt: ...t contends the allegations “fail to suggest that a fiduciary duty was owed from Defendant to Plaintiff.” 4. Paragraph 57:20 – 26. Defendant contends this portion of the cause of action for Negligent Infliction of Emotional Distress has allegations in support of punitive damages which are “unavailable in a negligence cause of action.” 5. Paragraph 58:27 praying for punitive damages. Defendant repeats his argument that punitive damages ar...

Excerpt: ...t effects of her condition, including Broca's aphasia (NOTE: also known as motor aphasia – a compromised ability to communicate). Wife does not take psychiatric medication (¶7). In 2012 wife was found to be “gravely disabled pursuant to Welfare [sic] Code 5150.” A conservatorship was established and a public guardian was appointed. (As conservator?) Wife has resided in Defendant's facility since 2015 in room 405 C. Many allegations are not...

Excerpt: ...ut on their case. Apparently no trial date is pending for the third attempt to do Phase II. Defendant belatedly argues that punitive damages cannot be tried before a different jury than the one which found liability. CC §3295(d) states in relevant part: “Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or fraud.”...

Excerpt: ... infestation and he was bitten by them, suffering physical and emotional injury and the loss of personal property such as his luggage and the clothing therein. DISCUSSION Assault & Battery Plaintiff alleges that Defendant's failure to inspect the bedskirts in his room or change them regularly. He characterizes this as a “culture of extreme indifference.” This is not a fact which is deemed true on demurrer. He also alleges that the failure to ...

Excerpt: ...e amendment is the amount of damages. No new theories, parties or substantive allegations are included. There is ubiquitous legal authority that the policy of amendment is liberal absent actual prejudice. Defendants' opposition is to the effect that conditions should be imposed on the leave to amend. Given the expanded claim of damages, Defendants wish to compel arbitration. Defendants contend their “litigation conduct has been shaped by the or...

Excerpt: ...ciary duty, dissolution, and accounting. On November 1, 2016, Defendants filed an answer to the complaint. INTRODUCTION Defendants move for summary judgment against Plaintiffs. In the alternative, Defendants move for summary adjudication of Plaintiffs' breach of written partnership agreement (1 st), breach of fiduciary duty (2 nd), dissolution (3 rd), and accounting (4 th) causes of action, as well as, Plaintiffs' prayer for punitive damages. EVI...

Excerpt: ...de section 17200, and (7) conversion. Only Gonzalez is charged with the cause of action for Breach of Contract. Neither of the moving Defendants is charged with fraud or negligent misrepresentation. Only Auclair is charged with intentional interference with contract. Neither of the moving Defendants is charged with conversion. SUMMARY ADJUDICATION The Notice of Motion does not identify the issues to be resolved as an alternative to summary judgme...

Excerpt: ...s $39,613.25. The complaint does not disclose the nature of the debt but generally alleges it is either for goods sold or services rendered. It would appear from the evidence that it is for “Linen and Garment Rental.” David Gevorgyan executed the subject agreement on behalf of St. Rita's Haven #1 and #2 and is alleged to have personally guaranteed the debt. DISCUSSION Plaintiff tries to make out its prima facie case for breach of the contract...

Excerpt: ...tervene as a Defendant. The moving papers emphasize the motion is unopposed. Its proposed pleading is a demurrer which depends upon extensive requests for judicial notice. The court agrees that Local 11 has standing through its representation the interest of its members and the court will grant the request for intervention “uniting with a defendant in resisting the claims of a Plaintiff” (CCP §387(b)(2)) but the court will deny leave to file...