Excerpt: ...the premises. Plaintiff filed its original complaint on 10/28/21 and its operative FAC on 4/22/22. The FAC includes causes of action for negligence and intentional misconduct, and includes a prayer for punitive damages. 2. Motion to Strike a. Parties' Positions Defendant moves to strike the prayer for punitive damages and related allegations. It argues there are no facts showing fraud, malice, or oppression. It argues that, even if there are such...

Excerpt: ...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, regarding the form or content of the opposing party's pleading. It is not the function 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 b...

Excerpt: ... Complaint, which was filed on 10/08/20. It includes causes of action for negligence and negligence per se – wrongful death, survival, products liability (strict), and products liability (negligence). 2. Motion for Summary Judgment a. Parties' Positions Brinderson moves for summary judgment, contending it is entitled to judgment as a matter of law because (a) Plaintiffs have served factually devoid discovery responses as to it, and (b) it was n...

Excerpt: ...es not reside at the location where it was served. On 6/22/21, the Court granted Plaintiff's motion for leave to amend the complaint to name Defendant, Weber Distribution, LLC. 2. Motion to Compel IME a. Parties' Positions Defendant moves to compel Plaintiff to sit for a mental examination, contending his claimed emotional distress entitles Defendant to such examination. Plaintiff opposes the motion. He concedes an examination is proper and neces...

Excerpt: ...umping station was inoperative for 1.5 hours. During that time, the water surged into the building, causing serious damage. Plaintiffs' operative complaint is their FAC, filed on 7/15/20. The complaint includes cases of action for negligence, premises liability, inverse condemnation, public nuisance, private nuisance, trespass, and violation of PUC §2106. 2. Motion for Summary Judgment a. Parties' Positions SCE moves for summary judgment, conten...

Excerpt: ...ntained common area pipe. The use of the faucet coupled with the faulty pipe caused water to flood into the walls and interior of Plaintiffs' unit. Thereafter, the Association hired 911 Restoration to perform water mitigation and dry out Plaintiffs' unit. Plaintiffs allege 911 failed to test for asbestos and lead, which caused asbestos and lead to get all over Plaintiffs' unit, their furniture, and their personal belongings. Plaintiffs filed thei...

Excerpt: ..., and costs of suit. Defendant filed an answer to the complaint on 12/13/21; the answer consists of a general denial and seven affirmative defenses. 2. Motion for Summary Judgment a. Burdens 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 s...

Excerpt: ... Defendant served the moving documents by email the same day. 5/19/22 was 77 days prior to 8/04/22, and therefore the motion was timely filed. Defendant filed the unredacted Declaration of Kristen Dudley-McLemore in support of the motion on 5/25/22, which was only 71 days prior to the hearing (the redacted version was filed and served with the moving papers). The declaration was filed with no proof of service; Plaintiff, in opposition to the moti...

Excerpt: ... medical ailments. In 2016, he became a resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign papers....

Excerpt: ...erest. Pursuant to CCP §377.31, “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” CCP §377.32 sets forth the requirements for substitution as follows: “(a) The person who seeks to commence an action or proceeding or to continue ...

Excerpt: ...s are in breach of the parties' commercial tenancy agreement, have been given proper notice of the breaches, and have failed to timely cure the breaches. b. Opposition As of the drafting of this tentative ruling, the Court has not received opposition to the motion. Defendants may file written opposition up to 8/01/22, and may present oral opposition to the motion at the time of the hearing, with or without written opposition. CRC 3.1351(b), (c). ...

Excerpt: ...” for ILWU Local 63B, and Plaintiff was interested in obtaining the card. Plaintiff asked Defendant for the card, and the parties agreed that Plaintiff would buy Defendant a business class ticket to fly from Croatia to LA and Defendant would give Plaintiff the card in return. Plaintiff purchased the ticket using her frequent flyer miles. Plaintiff alleges Defendant spoke with the union president on 9/02/14 to change the designee on the card. Th...

Excerpt: ...eading. It is not the function 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 othe...

Excerpt: ...ds Defendant pay past-due rent from 11/01/18 to 3/01/22 in the total amount of $227,099.98. The three-day notice to perform or quit demands Defendant remove all weed and debris, repair and replace all broken wall coverings, repair and replace all windows, replace the defective and deteriorating roof covering, and remove all graffiti. 2. Motion for Summary Judgment/Adjudication a. Relief Sought Defendant moves for summary judgment on the complaint...

Excerpt: ...not fact, regarding the form or content of the opposing party's pleading. It is not the function 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 ju...

Excerpt: ...ent regarding the incident. Plaintiff's complaint includes causes of action for: · Battery; · Negligence; · IIED; · Fraudulent Concealment; · Private Nuisance; · Public Nuisance. 2. Demurrer a. Meet and Confer Defendant submits the Declaration of Danielle Ebel, which adequately shows Counsel attempted to meet and confer prior to bringing this demurrer. b. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency...

Excerpt: ...ed the agreements in a series of ways, including diverting funds to other accounts. On May 19, 2021, Plaintiff propounded RFAs on Defendant, Francisco Piche Morales (“Morales”). On October 28, 2021, the Court granted Plaintiff's motion to deem the RFAs admitted, finding Plaintiff adequately showed Defendant Morales had failed to timely respond to the RFAs and had failed to oppose the motion. On June 16, 2022, the Court granted Defendant Moral...

Excerpt: ...performing electrical work on an electrical transformer outside the Valero refinery in Wilmington, California. Plaintiffs assert four causes of action: (1) Negligence (under general and per se theories), (2) survival action pursuant to Code of Civil Procedure section 377.70, (3) Strict Products Liability, (4) Negligent Products Liability. Defendant Aggreko LLC (“Aggreko”) filed the instant motion for summary judgment or, in the alternative, s...

Excerpt: ...d as Breach of Contract in body of FAC) (NHG v. PBD); · Breach of Contract (Rivera v. Haxton, PBD nominal); · Breach of Fiduciary Duty (Rivera v. Haxton, PBD nominal); · Fraud and Aiding and Abetting Fraud (Rivera v. Haxton, PBD nominal); · Violation of Labor Code §§1194 and 558.1 (Rivera v. Haxton and PBD); · Violation of Labor Code §§226 and 558.1 (Rivera v. Haxton and PBD); · Violation of Labor Code §§201-203 and 558.1 (Rivera v. H...

Excerpt: ... his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Undertaking a. Parties' Positions Rovar moves to require Plaintiffs, Ofelia Mariela Nappi and Leslie Miranda (hereafter “Plaintiffs”) to post bond, pursuant to CCP §1030, if they wish to continue to pursue this litigation. Rovar contends Plaintiffs live out of state, and there is a reasonable possibility it will pr...

Excerpt: ... October 25, 2021, Plaintiff dismissed the City. On January 25, 2022, Plaintiff filed its Second Amended Complaint (“SAC”). On May 2, 2022, Griffith (hereinafter referred to as “Defendant”) following the Parties' mutual agreement to extend the deadline to file responsive pleadings until May 4, 2022, filed a declaration to request to extend time to file responsive pleadings pursuant to Code of Civil Procedure section 430.41. Defendant now ...

Excerpt: ... porch and egress door with non-complying steps. Plaintiff served Defendant with a sixty- day notice to quit, but Defendant has not vacated the premises or removed her mobile home. 2. Motion for a Protective Order Plaintiff moves for a protective order. Notably, Plaintiff's notice of motion does not identify the nature of the protective order sought. CRC 3.1110(a) requires a notice of motion to state the nature of the order being sought and the g...

Excerpt: ...nction; (2) quiet title; (3) elder abuse; and (4) declaratory relief. Defendants are Plaintiff's children, Patrick Chim and Chantha Chim, and their respective spouses, Maria I. Haban and Mekphachanh Chanthaphasouk. Plaintiff alleges her eldest son, Patrick, convinced her to sign over title to him in 2007. She and her husband had divorced, and Patrick convinced her it was in her best interest to sign the title over to him. Because he was the eldes...

Excerpt: ...rative complaint is his First Amended Complaint, which he filed on 12/28/21. The FAC includes causes of action for: · Wrongful Demotion in Violation of FEHA; · Discrimination on the Basis of Race – FEHA; · Harassment – FEHA; · Retaliation – FEHA; · Failure to Investigate – FEHA; · Failure to Prevent – FEHA. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It ...

Excerpt: ...aluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not have an...

Excerpt: ...s Advantage · Violation of the CLRA · Violation of the Elder Abuse and Dependent Adult Civil Protection Act · Fraud · Money Had and Received Plaintiffs' complaint was premised on the resolution of Plaintiffs' prior civil action, BC606992, which resulted in a settlement in Plaintiffs' favor in the amount of $45,000 (Maria) and $5000 (Mario). The settlement checks were issued to Plaintiffs' law firm and lawyers, because CMS and CHLB had liens r...

Excerpt: ...d McKenna, on behalf of the First Mexican Baptist Church, which owns Lot 12, signs a covenant granting access to Lot 12, with 22 parking spaces, to the owner of Lots 3, 4, and 5 (which at the time was G&R Enterprises, Inc. (“G&R”). · 1962 – Lots 3, 4, and 5 are expanded to 12,000 sq foot, and the permit requires 22 parking spaces for the expansion. · 2/14/1967 – the Church files suit against G&R, related entities, and the City for quiet...

Excerpt: ...s causes of action for childhood sexual assault, negligence, negligent retention/supervision/failure to warn, sexual battery, IIED, and false imprisonment. Plaintiff, Jane Doe V.E. has dismissed her complaint. Only Jane Doe B.A.'s claims remain at issue between the parties. 2. Motion to Quash a. Subpoenas at Issue Defendant propounded deposition subpoenas for production of business records on Plaintiff's seven medical providers. The subpoenas are...

Excerpt: ...ff alleges each defendant was the agent, employee, principal, partner, or servant of each other defendant (¶10). Plaintiff alleges each defendant willfully conspired and engaged in a common enterprise with each other defendant (¶12). Plaintiff alleges each defendant was the agent, representative, servant, employee, principal, joint venturer, co-conspirator, management company, and/or representative of each other defendant (¶13). Plaintiff alle...

Excerpt: ...iff has added numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., HTL Automotive, Inc., and HTL Automotive, Inc. 2. Motion for Summary Adjudication Defendants move for summary adjudication, “seeking a determination that no breach of contract has occurred.” Notice of motion, page 2, lines 1-3. Plaintiff, in opposition to the motion, correctly notes that it suffers from numerous fatal procedural defects. F...

Excerpt: ...on. Dawn Thompson is an employee of United States Veterans Initiative, which is represented by Carla Ford. Plaintiff gave notice of the 10/15/20 deposition directly to Thompson, not to Ford, even though Thompson was represented by Ford at the time of the deposition. Thompson appeared for the deposition and answered questions without representation. 3. Discovery Dispute During the course of the litigation, Plaintiff determined there was a need to ...

Excerpt: ...ndants about parking and use of a garage on the property, and (c) Heacock assaulted her in connection with one of these disputes. On 11/02/21, the Court heard Defendants' demurrers and motions to strike directed at the FAC. The Court sustained and granted the pleading challenges in part, and ordered Plaintiff to file an SAC. Plaintiff filed her SAC on 11/19/21. The SAC includes causes of action for:  Hostile Environment Harassment (all defenda...

Excerpt: ...europsychological examination, setting it for hearing on 7/05/22. On 6/06/22, because trial is fast approaching, the Court granted Tristate's ex parte application to advance the hearing date. The Court set the hearing date for 6/21/22. The Court ordered Plaintiff to file any opposition by 6/13/22 and Tristate to file any reply by 6/15/22. Both parties were represented by attorneys at the hearing, and both parties agreed to waive notice of the rul...

Excerpt: ...security deposit, and wrongful eviction. Kinsley Juarez is a minor and is appearing by and through her GAL, Paul Juarez. Plaintiffs allege they leased an apartment from Defendants on 4/01/13. They allege they started experiencing floods in their unit due to back-ups in the main sewer line in June of 2015. They allege Defendants did not take proper steps to remedy the sewer line problem, and the back-ups caused additional flooding in January of 20...

Excerpt: ... pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function 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 ...

Excerpt: ...FS' REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [TENTATIVE] ORDER GRANTING PLAINTIFFS' MOTION TO SEAL PORTIONS OF PLAINTIFFS' SUPPLEMENTAL BRIEF AND SUPPLEMENTAL DECLARATION OF CARSON P. BAUCHERTO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Dept. A DATE: Tuesday, June 16, 2022 TIME: 8:30 A.M. COMPLAINT FILED: April 20, 2021 TRIAL DATE: February 14, 2023 PART 1: MOTION FOR PRELIMINAR...

Excerpt: ...tance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, United Fabricare, contending it is responsible in whole or in part for the subject contamination. There are multiple cross-complaint...

Excerpt: ...gligence), willful misconduct, and elder abuse. The individual defendants are named as nominal defendants due to their relationship with Decedent. 2. Motion for Summary Judgment by Defendant, S&F a. Relief Sought Defendant, S&F Hospice Orco I, LLC dba Tranquil Care Hospice (“S&F”) moves for summary judgment on Plaintiffs' complaint or, in the alternative, summary adjudication of the following issues: ADJUDICATION OF ISSUE 1: The First Cause o...

Excerpt: ...ed the agreements in a series of ways, including diverting funds to other accounts. 2. 10/28/21 Motion to Deem RFAs Admitted Plaintiff propounded RFAs on Defendant, Francisco Piche Morales on 5/19/21. On 10/28/21, the Court granted Plaintiff's motion to deem the RFAs admitted, finding Plaintiff adequately showed Defendant had failed to timely respond to the RFAs and had failed to oppose the motion. 3. Motion to Withdraw Admissions a. Relief Sough...

Excerpt: ...o per status. Defendant has not, to date, filed an answer to the complaint. However, on 12/01/21, he filed a trial memorandum in pro per. He has, therefore, made an appearance in the action. On 4/18/22, the Court held a Final Status Conference, at which time it continued trial to 7/22/22 and ordered Defendant to file an answer; he has not yet done so. On 3/22/22, Plaintiff filed a motion to amend. On 3/23/22, Plaintiff filed an amended motion to ...

Excerpt: ... against Defendants, City of Avalon, Scott Campbell, Brian Bray, J.J. Poindexter, and Cheryl Allison. The operative Second Amended Complaint states the following causes of action: 1. Breach of Contract 2. Fraud 3. Discrimination in Violation of the Express Mandatory Provisions of the State of California Tide Lands Grant to the City of Avalon Dated August 4, 1943 4. Violation of Gov't Code §53803 5. Failure to Comply with CPUC Vessel Common Carri...

Excerpt: ... Faith and Fair Dealing;  Accounting. Plaintiff alleges it is a freight shipping and trucking company that provides transportation, logistics, and distribution services nationwide. In October of 2020, Plaintiff retained HHM and RAM, both of which provide trucking, transportation, and/or logistics services, to assist Plaintiff with providing such services to its customers on an as-needed, subcontract basis. Plaintiff alleges, as part of the par...

Excerpt: ...lic in violation of Carson Municipal Code §4201 that, if proved, would constitute reasonable cause to believe each of the Plaintiffs had committed a crime in Deputy Billoup's presence?” The jury answered yes to the question, and therefore the Court entered a defense verdict. Plaintiffs appealed. The issue on appeal was (a) whether §4201 was valid in light of Penal Code §647(f), (b) whether the special verdict form and related jury instructio...

Excerpt: ...ase, and four of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Summary Judgment a. Parties' Positions Cruz moves for summary judgment, contending the undisputed facts show that he was not negligent in his handling of the container. Specifically, he contends he conducted a pre-trip inspection of the container and chassis, and they had no damage; he locked all four pi...

Excerpt: ...reach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion for Summary Judgment (Defendants, Specialized Claims Synergy and Jason Fogel) a. Parties' Positions Defendants, Specialized Claims Synergy and its owner Jason...

Excerpt: ...t due rent in the amount of approximately $117,000. Defendant filed an answer on 4/06/22 and a second answer on 4/15/22. Defendant's answer contains certain specific denials, as well as two affirmative defenses. First, it asserts that the demand for possession violates the local rent control or eviction control ordinance. Second, it asserts there is another affirmative defense stated in item 3l. At 3l, Defendant states, “As the complaint seeks ...

Excerpt: ...complaint on 11/02/21, but filed their operative FAC on 11/23/21, prior to Defendant making an appearance in the action. 2. Demurrer to FAC a. Parties' Positions Defendant demurs to the FAC, contenting Plaintiffs have improperly joined their claims together when their claims are separate and distinct from one another. Defendant demurs pursuant to CCP §430.10(d), which permits a demurrer when parties are misjoined, and §378, which details the ci...

Excerpt: ...ties' Positions Defendants demur to the complaint, contending it does not state a cause of action, is vague and ambiguous, and fails to state whether the contract sued upon is written, oral, or implied. Any opposition to the demurrer was due on or before 5/17/22. The Court has not received opposition to the demurrer. b. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, no...

Excerpt: ...ntiff alleges he was hired by Shadow to transport the bed, which was sold by Howard's. The bed was manufactured by Serta Simmons. Plaintiff's operative First Amended Complaint, filed on 3/20/19, includes causes of action for:  Negligence (Shadow);  Breach of Labor Code §§3706-3709 (Shadow);  Strict Products Liability (Howard's, Serta Simmons);  Products Liability – Negligence (Howard's, Serta Simmons). There are also various cross...

Excerpt: ... Plaintiff alleges that on 5/05/19, in exchange for valuable consideration, Plaintiff purchased a 2018 Chevrolet Colorado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed a defective body system, defective transmission system, and defective engine. Plaintiff took the vehicle to the dealership a total of five times in connection with these various defects, and each time Defendant, throug...