Excerpt: ... the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. The SAC includes causes of action for wr...

Excerpt: ... its case manager, Keely Coleman, obtained housing for Plaintiff at a Motel 6 managed by Defendant, Mario Cordova. Plaintiffs allege Gregory Brown was another resident at the motel, and that he murdered Decedent on the premises. Additional details will be discussed below. Plaintiffs' complaint includes causes of action for negligence, negligent hiring, training, and retention, premises liability, wrongful death, and IIED. 2. Demurrer a. Legal Sta...

Excerpt: ...ourt shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Defendant opposes the motion. Defendant argues (a) the Court lacks subject matter jurisdiction over this action for the reasons set forth in the demurrer to the complaint, on calendar o...

Excerpt: ...iff, with his moving papers, seeks judicial notice of various other trial court lemon law decisions on motions for attorneys' fees. The purpose of the RJN is to show that other trial courts have awarded similar billing rates to attorneys with similar experience. The RJN is granted. b. Initial Note Defendant, at page 5, lines 8-11 of the opposition, contends the case did not settle as a result of Plaintiff's Song-Beverly claims, but instead as a r...

Excerpt: ...tle and equitable relief as a good faith improver of real property. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, 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 co...

Excerpt: ... during the course of the parties' relationship, numerous customers initiated disputes with their banks, and the banks concluded a chargeback was appropriate in connection with disputes in the total amount of $73,271.78. Plaintiff attempted to collect the amount from Savvy's merchant account, butit only had a balance of 55402.14. Plamtifffiled suitto recoup the remaining S67,869.64. For reasons that are not clear, despite naming both Savvy and Mc...

Excerpt: ...dants); Professional Negligence (Segretti); Breach of Contract (Segretti); Fraud (Segretti). Plamtiff alleges he and Seager were married and hired Segretti, an attorney, to create trusts to protect their interests and create an estate plan. Plaintiff alleges Seager died in 2019, and Plaintiff agam hired Segretti to create estate documents. In December of 2020, Plaintiff learned Segretti had failed to create trust documents relating to the subject...

Excerpt: ...mplaint is that Decedent was involved in an automobile accident with Rosborough, which caused him to need post-acute care, which was provided by Regency/MEK. Decedent was a residentat Regencvs facilities during September of 2020, ata time when the temperature was extremely high. Regency failed to provide air conditioning and failed to monitor Decedent's vital signs, including body temperature, such that he perished due to extreme dehydration and ...

Excerpt: ...t Defendants are agreeing to permit Plamtiffs to file an SAC, but that they reserve the right to attack the pleading on any and all available grounds. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact regarding the form or content of the opposing party/ s pleading. It is notthe function of the demurrer to challenge the buthfulness of the comp...

Excerpt: ...ger Construction, failed to complete work done at Khan's property, and that Khan overpaid for the work He did complete. Khan also included Hudson Insurance Company as a cross-defendantin the cross-complaint and asserts a cause of action on contractor's license bond against Hudson in the amount of Sl 5,000. Hudson filed a cross-complaint against Khan and He. Hudson's cross-complaint contams a sole cause of action for declaratoty relief, and seeks ...

Excerpt: ...to which the liens were converted into a secured direct assessment collectable through the County property tax system. Thereafter. The County, through Knox (its treasurer and tax collector), sent Plaintiffs a tax bill. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact regarding the form or content of the opposing party/ s pleading. It is nott...

Excerpt: ...et-Cintron and Cintron-Ballou dismissed all claims on 5/05/23, and only Nancy Cintron remams as an active plaintiff in this case. 2. Demurrer/MJP On calendar today are a demurrer, a motion for judgment on the pleadings, and a joinder to the demurrer and MJP. The issue posed by all of the pleading challenges is whether the statute of limitations bars Plaintiffs actions. The complaint alleges Decedent passed away on 7/20/21. The parties all agree t...

Excerpt: ...ary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint 2. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery, wherein they argued (a) Defendants have erroneously refused to produce their employees, Yidan Xu and Haykanush Gezukawan, fo...

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

Excerpt: ...numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., H TL Automotive, Inc„ and HTL Automotive, Inc. 2. Motion to Compel Deposition Plamtiffmoves to compel the deposition ofDefendants' PMKs. Both parties' papers present numerous issues for resolution. Notably, the Court previously ordered the parties to use a discovery referee to resolve discovery issues, as the parties have been unable, throughout the litig...

Excerpt: ...tic pursuant to a written agreement Cargomatic made the first bvo payments per the contract then ceased making payments and indicated an intention not to make further payments. The crux of the complaint against CU and Norton is that they were customers of Cargomatic, and they were the ones who msisted Cargomatic enter into the agreement Soon after Cargomatic entered into the contract, CU and Norton realized they did not need Cargomaties service, ...

Excerpt: ...uld have voted against the changes if given notice to do so. Regardless, the CC&Rs requires an affirmative 75% vote to make the changes, so the changes were not made due to A&D's abstinence, and would not be made if A&D voted no. 2. Petition to Reduce Voting Percentage a. Relief Sought Petitioner seeks an order from the Court changing the percentage of votes necessary (from to 66%) in order to enact the following changes to the CC&Rs: Confirm tha...

Excerpt: ... his complaint on 10/08/19. On 8/06/20, Plaintiff filed proof of semice of the summons and complaint on Defendant The POS indicates James G. McCone, Plaintiffs attorney, served Defendant personally on 3/02/20 at the Long Beach Courthouse. At Plaintiffs request the Clerk entered Defendant's defaultthe same day (8/06/20). On 10/19/20, the Court entered default judgmentin favor of Plaintiff and against Defendant in the principal amount of Sl 90,175....

Excerpt: ...' petition to confirm the arbitration award. 2. Motion for Sanctions Plamtifffailed to appear for his ORAP on 10/18/22, 2/07/23, and 3/15/23. Defendants seek to recover the attorneys' fees they expended in appearing at those ORAPs. Defendants seek to recover those fees both as sanctions under CCP 5708.170(a)(2) and also pursuant to the attorneys' fees clause in the parties' contract. Plamtiff in opposition to the motion, argues sanctions pursuant...

Excerpt: ...sault (Jenkins); Sexual Battery (Jenkins); NIED (all defendants); False Imprisonment (Jenkins). 2. Demurrer a. Relief Sought Defendant AUSD demurs to the first cause of action for negligence. Defendants. LAUSD and Mak demur to the fourth cause of action for NIED. b. 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 oppos...

Excerpt: ...ges that on 8/19/17, in exchange for valuable consideration, Plamtiff purchased a 2017 Chevrolet Silverado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed transmission defects and each time Defendant through its employees, failed to repair the problem. Plamtiff requested a buy-back pursuant to lemon law, but the request was refused. c Discovery Dispute On 10/28/22, Plaintiff sewed disc...

Excerpt: ... the medical treatment claims (his own claims), butnotthe facility claims (APTMC's claims). Thereafter, the settlement unraveled. 3. Motion for Leave to File a Cross-Complaint On 11/17 /122, the Court heard and granted Defendants motion for leave to file a cross- complaint for breach of the parties' settlement agreement On 11/18/22, Defendant filed her cross-complaint On 12/20/22, Plaintiffs' attorney filed a Declaration of Demurring Party in Sup...

Excerpt: .../01/22, and the Court sustained the demurrer and granted the motion to strike with leave to amend on 11/14/22. Plaintiff filed the operative First Amended Complaint on 12/12/22. The FAC includes causes of action for: Violation of Civil Code 51940.2 - Breach of Covenant of Quiet Enjoyment (all defendants); Violation of Civil Code 51942.5 (all defendants); Tortious Failure to Provide Habitable Premises (all defendants); Negligence (all defendants);...

Excerpt: ...amages On September 27, 2021, Plaintiff filed her Complaint alleging tvvo causes of action for General Negligence and Premises Liability. On October 25, 2021, Defendant filed its Answer. On August 29, 2022, counsel for Plaintiff, Scarlett Farrokh ("Farrokh"), filed a Notice of Death of Plaintiff and Request for Stay of Prueedmgs Pending Motion to Amend the Complaint for Wrongful Death, subsequently rejected as Plaintiff died of COVID-19. On Septe...

Excerpt: ...rther alleges that the Subject Vehicle was delivered to her with serious defects and non-conformities to the warranty and developed other serious defects and nonconformities to the warranties, including but not limited to, electrical and engine defects. On Januaty 06, 2023, Plaintiff filed her Complaint alleging three causes of action for: (1) Violation of Song- Beverly Act — Breach of Express Warranty, (2) Violation of Song-Beverly Act — Bre...