Excerpt: ...ns, including schizoaffective disorder. She is alleged to have been a dependent adult. The case is primarily for dependent adult abuse and neglect. A Doe employee (Doe 41) is alleged to have battered and verbally abused plaintiff and held her against her will in a room which was not her own. In the discovery at issue “facility” refers to Care Center. Defendant served supplemental responses to these requests. Plaintiff has properly included bo...

Excerpt: ...iated allegations. ALLEGATIONS The incident giving rise to this litigation took place on July 21, 2018 at McDonald's Store #640 (Voluntarily dismissed as a Defendant). Plaintiff alleges she was a guest or patron of the restaurant, and she was “sitting and using her mobile phone and not disturbing or disrupting traffic or the path of pedestrians.” (Paragraph 16) Top Watch was retained by McDonalds to provide security personnel. The court infer...

Excerpt: ...of the notice and the response or non-response. Pared to these essentials, Defendant requested dates for September 2019. The court is presented with exhibit after exhibit with e-mails discussing both missing verifications and potential dates for September. The same attachments are on every exhibit. The court appreciates that counsel made serious efforts to meet and confer before noticing the deposition but Exhibits A – E are mostly wasted space...

Excerpt: ...2. Accounting ALLEGATIONS Defendant Matrix allegedly provides “construction and demolition related services.” Plaintiff was hired as Executive Vice-President of Matrix in September 2016 to “lead the expansion of MEI's demolition business through Pate's investment in and partnership with MEI on demolition projects secured as a result of Pate's efforts.” While the forgoing is unclear as to Plaintiff's capacity with Matrix, Plaintiff appears...

Excerpt: ...buse in the 3rd amended Complaint of Plaintiffs Velma McElroy et al. Defendant concurrently moves to strike portions of the complaint seeking emotional distress damages and attorney fees. ALLEGATIONS Plaintiff's decedent, Bessie McElroy, was an “elder” within the meaning of the Welfare & Institutions Code. She was a resident of Seacrest Convalescent Hospital identified in the complaint as “providing long-term care as a 24-hour health facili...

Excerpt: ...ice Wolf move for summary judgment on Plaintiff Asge Berhane's complaint. 1. Wrongful termination in Violation of Public Policy 2. Retaliatory Discharge 3. Violation of Cal. Family Rights Act 4. Int. Infliction of Emotional Distress (“IIED”) 5. Negligence 6. Discrimination/Race 7. Discrimination/Gender 8. Discrimination/Nat'l Origin 9. Discrimination/Disability 10. Retaliation 11. Discrimination/Age 12. Failure to Prevent Discrimination Alter...

Excerpt: ...tries, Inc. and Ogie Banks oppose any bifurcation. CCP §598: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial dat...

Excerpt: ...s ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the court's electronic filing service provider, and concurrently providing the party's electronic address with ...

Excerpt: ...arily in product defect theories. Lear, a Delaware Corporation, with its principal place of business in Southfield, Michigan, designs and manufactures “seats and seating systems for motor vehicle manufactures.” Then Lear “sells it seats to motor-vehicle manufactures”. In the present case, Lear manufactured and sold seats to General Motors, which later were incorporated by General Motors into a vehicle plaintiff was riding in. JUDICIAL NOT...

Excerpt: ...ke, individually, on July 13, 2018. Default was entered against Hitzke & Associates on September 25, 2018. No judgment has been entered to date against any Defendant. This motion was filed on September 19, 2019. NATURE OF THE CASE Briefly, Plaintiff alleges Defendants represented her in a workers' compensation proceeding. The case settled. Hitzke advised Plaintiff that she was required to place about $47,000 of a $98,000 settlement into a “Medi...

Excerpt: ...7, 64, 75 Causes of Action 5, 7, 8 The Prayer at Paragraphs 3, 4, and the portion of Paragraph 5 at 21:14 “3287, 3288 and” Defendant Beach City Treatment, LLC (“Beach City”) moves independently to strike the prayer for punitive damages. ALLEGATIONS Plaintiff alleges that as of July 2017 he was an alcoholic “in an unstable and toxic relationship” living in Illinois. He decided to “make a change” and moved to California and engaged ...

Excerpt: ... name and/or initials LPT; b. Require the Defendant to remove the color scheme and branding from defendants' vehicles so as to cease and desist from all unfair competition by means of advertising; c. Cease any marketing designed to trade on LPT's good will; d. Require Defendants to return dominion and control to Loren Pratt over the Loren Pratt Trucking website at the uniform resource locator (URL) ‘lorenpratttrucking.com'” The court denied t...

Excerpt: ...itial motion for reconsideration was denied on August 3, 2019. That was an ex parte motion, and the court invited Plaintiffs to file a noticed motion. Motions for reconsideration are governed by CCP §1008 and its requirements are jurisdictional – i.e. the court cannot grant relief unless the statutory requirements are met. This is to prevent successive motions on the same issue unless there are either new facts which could not have been presen...

Excerpt: ...one is necessary) to the effect that Defendants rendered medical services below the standard of care. The cause for Willful Misconduct alleges more specifically that on December 9, 2016 Dr. Lim provided emergency care and treatment to Plaintiff in the emergency room at Long Beach Memorial Medical Center. Plaintiff was diagnosed with “tension pneumothorax” described as an “extremely serious” condition requiring immediate treatment. An emer...

Excerpt: ...dard and, thus, is not subject to Cal/OSHA preemption; (2) the California Health and Safety Act of 1973 and Labor Code § 142.3 do not create field preemption of all local ordinances impacting workplace health and safety; (3) the Occupational Safety and Health Standards Board has not impliedly preempted local ordinances that require additional compensation based on the amount of square feet a housekeeper cleans during a shift; and (4) Section 5.4...

Excerpt: ...serts repair and storage liens on the vehicle. RELEVANT LAW CCP §512.010: “(a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath and shall include all of the following: (1) A showing of the basis of the plaintiff's claim a...

Excerpt: ...pectively) who died due to an accident on January 16, 2018. The accident occurred on the premises of United Clean Trucks (“United”). United is in the business of “garaging tractor-trailers” and providing other services with respect to tractor trailers. Defendant Emilio Raza was apparently a client of United and he allegedly caused the fatal accident when he put his truck in reverse and pinned the decedent between two trailers. The deceden...

Excerpt: ...ach of Contract ALLEGATIONS Plaintiff Elizabeth and Defendant Alfred, former spouses, formed several companies during their marriage. They received income of over $1,000,000 per year from “oil well sales” which was put back into the company for purchasing equipment and funding projects. Plaintiff alleges defendant converted community property assets by transferring the assets into a trust, then transferred real property to third parties, who ...

Excerpt: ...The lease term ran from March 26, 2013 through July 31, 2017. Section 2 of the lease contained an option to extend the lease for an additional five- year term. That section states “see attached addendum” but there is no addendum attached. The complaint denies any separate option agreement was presented to it, and alleges the reference is a mistake by whoever drafted the instrument. On that basis, Plaintiff alleges that the option referenced i...

Excerpt: ...erest Opposition to these motions were due on October 21, 2019. The court did not receive any timely opposition. A late opposition was filed on October 22, 2019. Plaintiffs argue there is good cause for the late filings because they were not served and only learned of these motions through the court's website. There is no supporting declaration to rebut a facially valid proof of service. Although the court is skeptical, it will consider the late ...

Excerpt: ... time to September 13, 2019 but refused a further extension. Plaintiff seeks a protective order 1) extending time to respond; 2) a limitation of the scope of discovery; 3) monetary sanctions of $2,387. DISCUSSION Defendant's statement at page 2 that this motion is “to prevent flagrant discovery abuse” brings to mind the adage that no good deed goes unpunished. 300 discovery requests in a wrongful death case is not abusive. The discovery reque...

Excerpt: ...and placing her on indefinite leave in response to her complaints that she was misclassified and thus was owed back pay. The complaint, filed on May 2, 2019, seeks causes of action for: 1. Failure to Pay for All Hours Worked at Legal or Agreed Rate; 2. Unlawful Retaliation in Employment; 3. Workplace Discrimination Based on Disability; 4. Breach of The Covenant of Good Faith And Fair Dealing; 5. Unjust Enrichment Against; 6. Intentional Inflictio...

Excerpt: ...f's rented apartment, causing property damage. Plaintiff was sued by Ocean Structure, Inc. for the property damage allegedly caused by Plaintiff (“the Suit”). Plaintiff alleges that Defendant wrongfully declined to pay under the insurance contract, to defend the Suit and to indemnify Plaintiff for the costs incurred. The First Amended Complaint alleges causes of action for: 1. breach of contract; 2. breach of covenant of good faith and fair d...

Excerpt: ...ng. (Minute Order, 9/11/19.) MOTION TO STRIKE PLAINTIFFS' DESIGNATION OF EXPERTS Background Law After an initial trial date is set, “[a]ny party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, who's oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (Code Civ. Proc., § 20...

Excerpt: ...nal distress. Plaintiffs alleged “Defendant(s) negligently entrusted, maintained, controlled, managed, drove, manufactured, operated, repaired, distributed, inspected, and repaired said automobile so as to cause them to collide with Plaintiffs, thereby causing the…injuries and damages to Plaintiffs.” (FAC ¶10.) INTRODUCTION Defendants City Logistics & Transport, Inc. and Armando Reyes (collectively “Defendants”) move for an order compe...

Excerpt: ...ability. Procedural History On October 11, 2017, Plaintiff filed this personal injury action for general negligence in operating a motor vehicle against Defendants demanding compensatory damages according to proof. The case was set for trial at the Personal Injury Hub on Spring Street on April 11, 2019, which was subsequently continued to November 6, 2019. On August 13, 2019, Plaintiff filed five discovery motions. On September 4, 2019, the court...

Excerpt: ...e Order to Show Cause should have been transferred to Compton Superior Court and not to Judge Ferrari at the Long Beach Superior Court and that doing so was a violation of the Civil Code because Judge Ferrari was the trial court judge for Plaintiff's case in Compton Superior Court. Plaintiff alleges that Defendant received compensation for her alleged acts. On June 13, 2018, Plaintiff filed a complaint against Defendant for general negligence. On...

Excerpt: ...6. Fraud- Licensure 7. Constructive Fraud 8. Violation of Health and Safety Code section 1430(b) 9. Violation of Health and Safety Code section 1430(b) for wrongful death- neglect Defendant Providence is only charged with the second and third causes of action for negligence and elder abuse. Defendant Providence moves for summary judgment or, in the alternative, summary adjudication of the issue no. 1 (there is no triable issue of material fact as...

Excerpt: ...een of the Valley failed to properly evaluate and screen the minor child, perform assessments, imaging and tests necessary to appropriately and timely diagnose the child's symptoms and provide medical treatment. The child was transferred to Miller Children's Hospital Long Beach where the child passed away several hours later. Plaintiffs allege Defendants were negligent in their care, diagnosis and treatment of Plaintiffs' minor child and that Def...

Excerpt: ...amount 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 Long Beach Defendants. Long Beach Defendants concurrently filed with their “Notice of Motion and Motion for Determination of Good Faith Settlement” an “Application to File Confidential Declaration of Robert Murphy Under Court Seal in Support of Motion for Determination of Goo...

Excerpt: ...uary 2016, he was transferred to the Los Angeles county region and became managed by Defendant Darrell Brown (“Brown”). Almost immediately, Brown began saying harassing comments about Plaintiff's age and health. In April 2016, while Brown was under a human resources' investigation for making inappropriate comments about other people, Plaintiff told HR that he observed Brown show favoritism and heard Brown tell him to “cut off the umbilical ...

Excerpt: ...ubd. (a)); Phase 2: A court trial on the equitable issues of an accounting, unjust enrichment, declaratory relief, and resulting trust, as well as on liability and damages as to the remaining claims; and Phase 3: A court trial on punitive damages, if any, to be assessed. INTRODUCTION Plaintiff moves the court for an order divide the trial into the following 4 phases: Phase 1: A court trial on the legal issues of the interests of the parties in th...

Excerpt: ...breach of contract, (2) specific performance, and (3) declaratory relief regarding the enforceability of the settlement agreements. On February 26, 2019, Desai filed and served a request to dismiss his Cross-Complaint with prejudice. (Otto Decl. ¶ 12, Exh. 3.) Discussion Cross-Defendants submit the January 13, 2010, “Standard Employee General Release” forms which provide that: [i]f either Company or Releasor shall commence an action against ...

Excerpt: ...e requirements for a writ: “The application shall be executed under oath and shall include all of the following: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the de...

Excerpt: ...Plaintiff has filed an opposition, the “motion” does not state what date is noticed for. The problems with the motion, and there are several, are compounded by what appears to be clerical error by the court. Default was entered as to Sebastian Rucci on January 22, 2019. Default was entered as to John Goldberg on January 23, 2019. Default was entered against Ocean View Accounting, Inc. was entered on August 10, 2018 and entered again on Januar...

Excerpt: ...he petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or ...

Excerpt: ...cia Carmichael (“Carmichael”), Platinum X Restaurant Group, LLC (“PXRG”), Platinum X Group, LLC (“PXG”), So Cal Restaurant Group, LLC (“SCRG”), and Does 1-50 for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) negligent misrepresentation, (5) intentional interference with contract, (6) violation of Business and Professions Code section 17200, and (7) conversion. The sixth and seventh causes of action are the o...

Excerpt: ...igent misrepresentation, wrongful termination in violation of public policy, retaliation in violation of Labor Code § 1102.5, violation of Labor Code § 2802, failure to pay all wages including minimum wages and overtime wages, failure to pay wages due, failure to provide accurate wage statements, waiting time penalties, and unfair business practices in violation of Bus. & Prof. Code § 17200 et seq. Plaintiff now moves the court for an order co...

Excerpt: ... RRNS Enterprises (l992) 4 Cal.App.4th 238, 244.) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-74.) On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Id.) An...

Excerpt: ... in an accident involving a crane and trailer. Plaintiffs are the surviving son and mother. The Complaint further alleges that Heavy Transport did not have Worker's Compensation insurance and was not self -insured. On March 2, 2018, Defendant demurred to the Complaint arguing the Complaint is barred by the exclusive remedy rule provided by the Labor Code because it was insured during the relevant period. On April 30, 2018, the Court overruled...

Excerpt: ...ories of liability are grounded in Defendant City of Long Beach's failure to adequately paint the curb so as to warn of a difference in pavement elevation. On March 21, 2019, this court held that Defendant Long Beach Transit (“LBT”) had an immediate duty to defend Defendant City of Long Beach (“City”) and is required to indemnify City if the latter is found liable and costs have been determined. Based on the foregoing, the court does not ...

Excerpt: ...nt AH Engineering Group (“AHE”) to perform work on vacant property in preparation for building a house. AHE was to remove and re-compact soil, perform methane mitigation and “create a foundation.” SGV was allegedly sub- contracted to perform the work on the foundation. In September, 2018 Plaintiff terminated AHE and both AHE and SGV ceased work. Both defendant recorded mechanic's liens. SVG's lien was recorded on October 10, 2018. Plainti...

Excerpt: ...ach of the Warranty of Habitability 3. Nuisance 5. Negligent Infliction of Emotional Distress 6. Unfair Business Practices 7. Negligence Per Se Plaintiffs seek to renew these causes of action and entirely new theories for breach of contract, premises liability and retaliatory eviction. Plaintiffs would also insert a prayer for punitive damages. Plaintiff's motion disingenuously refers to the court's “concerns” expressed at the hearing. The co...

Excerpt: ...charged against Dorma) ALLEGATIONS Plaintiff is a Nurse Anesthetist employed by Kaiser. On April 14, 2016 he responded to a “Code Pink” (neonatal resuscitation emergency). That is a time-sensitive emergency and Plaintiff proceeded with “cautious urgency” to respond. This required negotiating a door with an electronic sensor, which the court infers is to restrict access to authorized personnel only. Plaintiff swiped his access card on door...

Excerpt: ... CCP §1014: “A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequ...

Excerpt: ...o an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist f...

Excerpt: ...y. Plaintiff moves to compel further responses to items 1, 15, 21, and 22 in its 1 st Set of Special Interrogatories. Plaintiff also requests the imposition of $2,135 in monetary sanctions against Defendant and its attorney, jointly and severally. Defendant opposes and requests $3,375 in monetary sanctions against Plaintiff and its law firm jointly and severally. Plaintiff also requests the imposition of $3,795 in monetary sanctions against Defen...

Excerpt: ...mend to state a claim under the Carmack Amendment. ALLEGATIONS Plaintiff's owner, Josiah Lilly, traveled to Brazil to locate and purchase “exotic and irreplaceable granite slabs.” His purchases were shipped to the Hanjin Terminal in Long Beach. The granite slabs were packed into three shipping containers. Paragraph 11 alleges Famosa hired a company called Interglobo to transport the containers to DHE's facility in Carson. DHE's Director of In...

Excerpt: ...motion for Summary Judgment because it does not address all of the causes of action. A Motion for Summary Judgment must completely dispose of an entire pleading if it is to prevail. This is a motion for Summary Adjudication only. The issue identified for Summary Adjudication is LBT's alleged duty to defend and indemnify City in this action based on a Right of Entry Permit between the parties and Civil Code §2778. City does not identify the cause...

Excerpt: ... interest to FIA Card Services, N.A. DISCUSSION This motion is procedurally defective and substantively deficient. Although Defendant is acting in pro per: “When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys [citations]. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney [citation].” (Rancho Mirage...

Excerpt: ...MENT Procedural Background CJ filed an application for determination of good faith settlement pursuant to CCP §877.6(a)(2). CCP §877.6 provides two distinct methods for a determination whether a settlement was in good faith. Under subdivision (a)(1) any party to the action may file a noticed motion. Under subdivision (a)(2): “In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an a...

Excerpt: ...ract 2. Violation of Business & Professions Code §6068 Plaintiff alleges an oral agreement with William Price for sale of real property commonly known as 1141 E. 20 th St., Long Beach CA. Plaintiff requests at Paragraph 8 that the court take judicial notice of certain prior actions. The court does not do so on demurrer for the purpose of assessing the adequacy of the pleadings. A Judicial Notice request in the complaint does not incorporate thos...

Excerpt: ...reholder of Co-Defendant Alpha GRP Inc. and a member of Co- Defendant Alpha GRP, LLC. There is a boilerplate allegation, on information and belief, that the corporation and LLCX are Dyne's alter-egos. The case concerns an alleged breach of a settlement agreement executed on April 14, 2017. That agreement is attached as Exhibit 1 to the complaint. The parties are CBT, Alpha GRP, Inc. (dba Red Bull Global Rallycross) and Jam'n Logistics, Inc. (“J...

Excerpt: ... Josephine Molina; Janet Watt; William Dentino; and the Molina Siblings Trust. ALLEGATIONS Michelle and John Molina have a pending dissolution action (¶5 – ND077042 in Dept. 14). Some of the facts alleged do no constitute the causes of action but rather explain why this civil action was instituted. Because this demurrer is predicated on the jurisdiction of the Family Law court, these facts are relevant to the demurrer even though they are not ...

Excerpt: ...e Plaintiffs share the same last name, the court refers to them collectively as “Bogdan.” Plaintiffs Michael Bogdan, his wife Kristen Bogdan, and their three minor children were tenants of Defendant at a property located at 165 Quincy Avenue in Long Beach. The lease is appended as an exhibit to the complaint and reflects a fixed-term tenancy of approximately one year commencing August 15, 2016 and ending on September 1, 2017. It is alleged th...

Excerpt: ...plaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” DISCUSSION Def...

Excerpt: ...9. Failure to Pay Overtime Compensation ALLEGATIONS The demurrer is based on federal preemption and uncertainty. Hence the specific allegations need not be detailed. All causes of action arise from alleged violation of the California Labor Code and California Wage Order 9 (the alleged Unfair Business Practices concern policies in violation of the Labor Code). Plaintiff was employed as a truck driver by Defendants. DISCUSSION The primary ground fo...

Excerpt: ...n Trade 11. Breach of Contract 12. Unruh Act 13. 42 USC 1983 14. Unclear what theory if 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...

Excerpt: ...of the moving Defendants are charged with fraud or Negligent Misrepresentation. Only Auclair is charged in the 5 th cause of action. 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 judgment. CRC 3.1350(b) in relevant part: “If summary adjudication is sought, whether separately or as an alternative to the motion for sum...

Excerpt: ...(1).) "A defendant meets this burden by demonstrating that the act underlying the plaintiff's cause fits one of the categories spelled out in section 425.16, subdivision (e)" (Braun v. Chronicle Publishing Co. (1997) 52 Cal.App.4th 1036, 1043 [61 Cal. Rptr. 2d 58]). If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. (§ 425.16, s...

Excerpt: ...ttach it to the 2 nd Amended Complaint filed on November 26, 2018. The court assumes it would be the same exhibit. Section 2 of the lease contained an option to extend the lease for an additional five year term. Paragraph 39 of the lease (“other terms and conditions”) is alleged to reference an “Option Agreement (C.A.R. form OA)” but Plaintiff denies any separate option agreement was presented to it, and the reference is a mistake by whoe...

Excerpt: ...the requests for monetary sanctions are excessive. Each motion requests $2,172.50. The court will take argument on the amount of sanctions, but tends to agree that there is some duplication – each seeks the same 2.5 hours for the one hearing. Moreover, the claimed hourly rate of $475 hour appears excessive for this type of basic motion. The court is inclined to reduce the total claimed. The motion will be granted and further responses will be d...

Excerpt: ...ify Beta under an express provision. <015d01760003019a015a01 01760003018901b5018cLsuant to the authority of Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4 th, 541, 558. 4. SCSS has an immediate duty to indemnify Beta in this action pursuant to the authority of Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4 th, 541, 558. 5. Beta is entitled to a declaration in its favor that SCSS owes a duty to defend and indemnify Beta. ALLEGATIONS ...

Excerpt: ...sts monetary sanctions of $4,095 against Eric Reynoso and his attorney jointly and severally. DISCUSSION According to the declaration of J. Nicholas Anwandter both sets of discovery were served by mail on July 12, 2018. He granted an extension for responses to August 23, 2018. He later gave an additional extension to August 24, 2018 and received response that day. Plaintiff asserts that the parties agreed to suspend all discovery motion deadlines...

Excerpt: ...laint is full of surplussage and boilerplate, obscuring somewhat the facts within. There is absolutely no need for general allegations about the HAMP program, and Plaintiff's status as a veteran is irrelevant. The complaint is not a model of clarity. The material operative facts are that on December 13, 2014 Plaintiff “financed the real property” at 360 Obispo Ave. #8 in Long Beach. The loan was secured by a deed of trust (“DOT”) and MERS...

Excerpt: ...ormed several companies during their marriage. They received income of over $1,000,000 per year from “oil well sales” which was put back into the company for purchasing equipment and funding projects. Plaintiff alleges defendant converted community property assets by transferring the assets into a trust, then transferred real property to third parties, who are also defendants. On January 13, 2016, Alfred, in his capacity as Trustee of the Alf...

Excerpt: ...iefly, Plaintiff moved to the Los Angeles area from New York and leased a 3 bedroom apartment in Torrance from Defendant. She alleges many deficiencies with the property were present when she moved in. The most serious of these were non-functional heating and ACX, an inoperative stove, an insect infestation, water leaks and unspecified problems with electrical wiring. Defendants allegedly failed to cure some of these problems during her tenancy. ...

Excerpt: ...ul Death On February 15 Defendant filed notice that it had not received an opposition (which was due on February 11). As of February 20, 2019 the court has no record that an opposition has been filed. CCP §472 states that a complaint may be amended without leave of court after a demurrer has been filed, but no later than the date the opposition is due. After an opposition is due, the amended complaint may only be filed on stipulation of the part...

Excerpt: ...00 > 1. dependent adult abuse/neglect (against Community) 2. negligence (all defendants) 3. dependent adult abuse/financial (patient dumping against Community and Ali) 4. dependent adult abuse/financial (patient dumping against NGA) 5. dependent adult abuse/financial (wrongful advantage against all defendants) Defendant physician, Visal Nga, D.O.(“Nga”) demurs to the Fourth and Fifth causes of action of <01900003019a015a010201 018c011e000301b...

Excerpt: ... there is but a single cause of action against a defendant, there would be no need for an alternative summary adjudication. And indeed there is no such need. The “issues” are simply different reasons why Cognizant believes the lone cause of action has no merit. The court mentions this because of the case's history. In July, 2018 Cognizant brought an extensive motion for summary judgment/adjudication. Cognizant prevailed on all claims except f...

Excerpt: ...rm work on vacant property in preparation for building a house. AHE was to remove and re‐compact soil, perform methane mitigation and “create a foundation.” SGV was allegedly sub‐contracted to perform the work on the foundation. In September, 2018 Plaintiff terminated AHE and both AHE and SGV ceased work. Both defendant recorded mechanic's liens. SVG's lien was recorded on October 10, 2018. Plaintiff disputes the amount of SGV's lien. The...

Excerpt: ...y of others. [¶] (2) ‘Oppression' means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. [¶] (3) ‘Fraud' means an <0110011e0102016f017501 000301750102019a011eLrial fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of <0003015d0176016901b501 8c01c70358L <012803550003015d019000 011e0003015a011e018cLe. “In determi...

Excerpt: ...el. At his initial request for available dates in mid-July he was told Plaintiffs were unavailable from mid-August through September 14, 2019. On September 19, 2019, he sent an e-mail requesting dates, and Plaintiff's counsel indicated he (counsel) was unavailable until after October 10. After another meet and confer effort, Plaintiff's counsel indicated November 6 would work. (Exhibit A) Defendant served notices of deposition on October 24 for t...

Excerpt: ...ve Defense Defendant's third affirmative defense is that Decedent's own negligence was the sole or a <015a011e00030128010201 e precautions for his own safety. Defendant answered with an unqualified admission to Plaintiff's Request for admission No. 52, which requested that Defendant admit that it was “aware of no facts which [Defendant] contend[s] support the allegations of [its] third affirmative defense alleging that the Plaintiff's negligenc...

Excerpt: ...ity since 2015 in room 405 C. Many allegations are not material to a claim. He alleges he visits wife 6 days a week for 2 ½ hours per day. “They play checkers and go for a walk through the facility.” On 1/19/18 Plaintiff was visiting wife when a charge nurse and social worker came to the door, and told Plaintiff that his wife had been seen eating soap. Plaintiff responded that the accusation was “ridiculous” and the social worker said to...

Excerpt: ... of Quiet Enjoyment 5. Negligent Infliction of Emotional Distress 6. Unfair Business Practices 7. Negligence Per Se Defendants have concurrently filed a separate Motion to Strike Portions of Plaintiffs' Amended Complaint. ALLEGATIONS The complaint chronologically details the occurrences giving rise to this complaint, from Plaintiffs' move-in to their eviction. On or about March 22, 2013, Plaintiffs entered into a lease agreement with Defendant E&...

Excerpt: ...rguments of the parties and rules as set forth below. The court does not consider the contention that Dorma failed to serve a declaration for additional discovery because Plaintiff chose to serve responses. The court appreciates that professionalism, but will rule on the merits as to each item. As a preliminary point, form interrogatory 17.1 asks the responding party to state all facts upon which a denial of a particular RFA is based. If the cour...