Excerpt: ...juries to his neck and back in a prior accident in 2016, and was represented by the same attorneys in connection with that accident as he is in connection with the instant litigation. In July of 2023, Defendant asked informally for more information, and Plaintiff's attorney indicated it would be provided. It was not. Defendant continued to ask for the information, which was not provided. On 9/22/23, Defendant served a deposition subpoena for prod...

Excerpt: ...ngs. 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 on the face of the pleading under attack; or from matters ou...

Excerpt: ...elated allegations from the SAC. b. Basis for Punitive Damages Request Plaintiffs contend they sustained damage because Defendant has a pattern and practice of ignoring its obligation to remedy safety issues with its equipment. Plaintiffs support this conclusion with allegations that, in 2015, after widespread power outages, the CPUC commenced an investigation. In June of 2016, CPUC's Safety and Enforcement Division prepared a report, which concl...

Excerpt: ...Plaintiff filed his operative Fourth Amended Complaint. The 4AC includes causes of action for harassment in violation of FEHA and failure to investigate in violation of FEHA. The harassment cause of action is pled against the City and Erdelji, and the failure to investigate cause of action is pled only against the City. Cook and Jarman have been dismissed from the action. 2. Motion for Summary Judgment/Adjudication (Defendant, Erdelji) a. Standar...

Excerpt: ...ness for $900,000. Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative Second Amended Complaint (“SAC”) on 9/15/22, asserting causes of action for: 1. Breach of Written Contract 2. Fraud On 2/23/23, the Court sustained Defendant's demurrer to the fraud cause of ac...

Excerpt: ...against any potential recovery Forde might ultimately obtain in this action. On 10/11/23, the Court entered a final judgment in this action in favor of Forde and against Defendants, Allen Entous, in his individual capacity and as a trustee of his trust. The judgment is in the principal amount of $118,965.95. The judgment includes an award of attorneys' fees in the amount of $473,699.18 and costs in the amount of $70,247.01. 2. Today's Motion a. R...

Excerpt: ...oe amendment naming Memorial Cardiology Medical Group, Inc. as Doe 1 on 7/31/23. Plaintiff dismissed Memorial Care Medical Group as a defendant on 10/02/23. 2. Demurrer a. Legal Standard 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 complain...

Excerpt: ... leave to file an oversized brief. Notably, at the time Petitioner filed the motion, his brief was due the same day, and Respondent's brief was due prior to the time for hearing on the motion, which Petitioner scheduled for 1/09/24. However, on 12/21/23, the Court signed an order granting the parties' stipulation, pursuant to which they continued the date for hearing on the petition from 2/09/24 to 3/15/24 and continued the date for filing of Res...

Excerpt: ...nt answered the complaint and filed a cross-complaint against Amigo Mobility International, Inc. for indemnification and related claims. Amigo is the entity that manufactured the scooter on which Plaintiff fell. 2. Motion for Leave to Amend a. Relief Requested Plaintiff filed this motion on 6/21/23. Plaintiff seeks a court order permitting him to amend his complaint to add a cause of action for products liability against Amigo. b. Opposition Amig...

Excerpt: ...ter, waste, breach of contract, and financial elder abuse. Plaintiff alleges he and Wise are co- owners of the subject property, and Wise has committed waste and other acts on the property, such that it needs to be partitioned. One of the issues posed by way of the complaint is whether Defendant has improperly made a claim for 100% of insurance proceeds per a claim on the property, when in reality the parties are entitled to split those proceeds....

Excerpt: ...to which Digital would move to Thunder and Thunder would ultimately acquire Digital's Mobile Motion Mocap (“MMM”) unit. On 2/15/21, Thunder and Digital entered into a written MOU, the terms of which are set forth at ¶10 of the complaint. Ultimately, Digital alleges Thunder breached the agreement by not paying for services rendered, keeping all rights to the content produced, never buying Digital's assets, and instead converting the assets fo...

Excerpt: ...onses was therefore filed. Notably, Ford served supplemental responses on 12/04/23, AFTER Plaintiff filed this motion. The Court is using the supplemental responses in ruling on this motion, and finds Plaintiff could and should have conducted more extensive meet and confer attempts prior to filing the motion. b. FROG 1.1 FROG 1.1 asks Ford to identify the persons who prepared or assisted in the preparation of the responses to FROGs. Ford's origin...

Excerpt: ...ound in favor of Erlandson and awarded $29,818.31 in unpaid wages plus interest, waiting time penalties, and other penalties as permitted by law, for a total judgment in the amount of $46,703.24. 2. Motion to Tax Costs a. Papers Filed Erlandson filed a memorandum of costs on 7/18/23, seeking to recover $29,272 in costs incurred in connection with litigating the cross-complaint. Eversoft moves to strike or tax the costs. Erlandson opposes the moti...

Excerpt: ...inuing to accrue, on the loan. On 9/09/21, Defendant filed an answer to the complaint. Additionally, Defendant filed a cross- complaint against Plaintiff, as well as the entities Primary Care Associates of California (“PCAC”)and Healing Hand Family Clinic. The cross-complaint is also for breach of contract, fraud, and related claims. Defendant alleges Plaintiff and his related entities offered him $80,000 in moving expenses in order to work a...

Excerpt: ... jury trial, and the jury ultimately returned a verdict in the amount of $1,659,456 (compensatory) plus $3,000,000 (punitive). Additionally, Plaintiff filed a memorandum of costs seeking to recover costs in the amount of $25,331.31 and a motion for attorneys' fees seeking to recover attorneys' fees in the amount of $1,659,805. 2. Motion for New Trial a. Grounds for Motion Defendant moves for a new trial, contending the compensatory damages award ...

Excerpt: ...ious interference with contract, fraud, unjust enrichment, negligence, conversion, conversion (derivative), accounting, and breach of fiduciary duty (derivative). 2. Demurrer to Complaint 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 t...

Excerpt: ...esolve issues relating to FROGs 12.4, 15.1, and 17.1. Plaintiff therefore moves to compel further responses to these FROGs. b. 12.4 Defendant indicates, in opposition to the motion, that she concedes her response is deficient and she will supplement her response. The motion to compel is therefore moot as to FROG 12.4. c. 15.1 FROG 15.1 asks Defendant to provide information to support each special or affirmative defense asserted in the answer. Def...

Excerpt: ...ning causes of action are pled solely against Flores. Defendant filed an answer on 10/21/22. Flores filed an answer on 4/13/23. The Court granted LBUSD's motion for leave to file a cross-complaint against Flores on 8/08/23, and Flores answered the cross-complaint on 9/06/23. 2. Motion for Summary Judgment 3. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any materia...

Excerpt: ...t and second causes of action), and practicing fraud and deceit against my testimony as a witness in the public court of record based on Penal Code §133 (third cause of action); the complaint seeks declaratory and injunctive relief based on the above alleged violations, and also seeks compensatory and punitive damages. 2. Demurrer to Complaint a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other plea...

Excerpt: ...the operative Second Amended Complaint (“SAC”) against Medical Center, Dr. Attinasi, Dr. Kumar, Dr. Levine, Sarah Dabagh, M.D. (“Dr. Dabagh”), Ramin Javahery, M.D. (“Dr. Javahery”), and Does 1 through 18 and nominal defendant Jamaar Butler (“Buttler”). 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 J...

Excerpt: ...ing he did caused or contributed to Plaintiff's injuries or damages. b. Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice action can only be proved by an expe...

Excerpt: ...or their complaints about a parent chaperone who was a convicted felon for domestic violence. Plaintiffs allege the chaperone was allowed to be present with minor children on the team without another adult. Plaintiffs allege Long Beach Junior Crew did not enforce its own rules and guidelines to protect the minor team members from inappropriate contact and interactions with the chaperone, despite Plaintiffs' complaints to them about it. Plaintiffs...

Excerpt: ...poration. (Compl., ¶ 2.) On or about September 22, 2021, Matsumura (acting as Spectre's Vice President and authorized agent) contacted Plaintiff to obtain a loan on Spectre's behalf. (Compl., ¶ 8.) Matsumura told Plaintiff that the purpose of the loan was to purchase and resell Coach handbags and promised that Plaintiff would not only receive interest on the money lent, but also earn commissions on the merchandise bought and resold using Plaint...

Excerpt: ... further to Plaintiff's Request for Production of Documents, Set One, Nos. 4-5, 9-12, 14-29, 43-45, 47-49, 53-55, and 59. Plaintiff has withdrawn the motion to compel further responses to Form Interrogatories. b. Relevant Information About Vehicle In the complaint, Plaintiff alleges that on 12/20/21, in exchange for valuable consideration, Plaintiffs purchased a 2022 Volkswagen Taos, manufactured and/or distributed by defendant. During the warran...

Excerpt: ...idity of its claims against Defendants. On 2/16/22, SEJ Properties, L.P. filed 22SMCV00217 against Defendants, Escrow L.A., Inc. and Sharon L. Sharp for breach of fiduciary duty and related claims arising out of Defendants' refusal to release the funds that were deposited into the escrow account in connection with the transaction at issue in 22LBCV00049. On June 22, 2022, the two cases were related and were consolidated on December 8, 2022. 2. 23...

Excerpt: ...s charged with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single-vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. On 5/06/21, the Court heard and denied Defendant's special motion to strike. Defendant appealed the ruling, and the Court of Ap...

Excerpt: ...ROGs”) on Defendant, and Defendant served responses. On 8/25/23, Plaintiff sent Defendant a meet and confer letter addressing the perceived deficiencies in Defendant's responses. The letter ended by demanding Defendant serve supplemental responses by 8/31/23 or a motion to compel would be filed. On 8/31/23, Defendant sent a responsive letter asking to extend the deadline from 8/31/23 to 9/15/23. Plaintiff responded, stating it would be extended...

Excerpt: ...dant's Form Interrogatories, Set One, and for sanctions against Plaintiff in the amount of $496.50 (the “Form Interrogatories Motion”); (2) a motion to compel Plaintiff's verified responses, without objections, to Defendant's Special Interrogatories, Set One, and for sanctions against Plaintiff in the amount of $496.50 (the “Special Interrogatories Motion”); (3) a motion to compel Plaintiff's verified responses, without objections, to Def...

Excerpt: ... of the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. On July 20, 2023, the Court sustained Defendant Memorial's Demurrer to the Complaint with 20 days leave to amend. On July 31, 2023, Plaintiff filed a First Amended Complaint alleging (1) violation of the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. 2. Demurrer to FAC a. Meet and Confer CCP section 430.41 requires that “...

Excerpt: ...for conversion, fraud and deceit, breach of written lease contracts, and breach of oral contract. Plaintiffs allege Defendants agreed to lease commercial property to them, and represented to them the property was zoned for the use that they intended. Plaintiffs allege they spent $70,000 building out the property, but were unable to obtain permits to operate their intended mini-market and smoke shop because the premises were not zoned for such use...

Excerpt: ...iff alleges that she has suffered general damage, loss of use of property, and hospital and medical expenses. Defendant propounded deposition subpoenas for production of business records from Farmers Insurance Exchange and National General Insurance Company (collectively, the “Subpoenas”). (Declaration of Cherif Elsheikh [“Elsheikh Decl.”], ¶ 4 and Exhibit A.) The subpoena directed to Farmers Insurance Exchange seeks “ANY AND ALL NON-P...

Excerpt: ...Background Facts Plaintiff, John Doe L.A. filed this action against Defendants, LBUSD and Julio Flores for damages arising out of childhood sexual abuse. Plaintiff filed his complaint on 7/27/22. Defendant filed an answer on 10/21/22. Flores filed an answer on 4/13/23. The Court granted LBUSD's motion for leave to file a cross-complaint against Flores on 8/08/23, and Flores answered the cross-complaint on 9/06/23. 2. Motion for Judgment on the Pl...

Excerpt: ...ur filed this action against Defendants, Plantonics, Inc., Jorge Larios, Brian M. Danaher, and Southern California Equity for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, breach of fiduciary duty, rescission of contracts and restation, conversion and misappropriation, and common counts. The crux of Plaintiff's complaint is that she and three others purchased all shares of Plantonics pursuant to a Share...

Excerpt: ...this action against Defendants, Wendy Doe and Far West Restaurant Group, LLC for assault, battery, and related claims arising out of an incident that occurred outside of the entity defendant's restaurant. Plaintiff alleges she ordered pick-up from the restaurant and was involved in an automobile accident outside of the restaurant, which resulted in a verbal altercation. Plaintiff alleges the persons who attacked her were restaurant employees, and...

Excerpt: ..., Chelsey Binz filed this action against Defendants, LBMMC, et al. for damages arising out of complications that arose during her labor and delivery. The complications ultimately caused damage to her child, Indiana Rayne Van Den Oever. Plaintiff's complaint includes causes of action for medical negligence, corporate hospital liability, concealment, and NIED. The first and fourth causes of action are pled against Defendant, Dr. Askari. 2. Motion f...

Excerpt: ...k Ha Kim filed this action against Defendant, David Quackenbush to recover for injuries sustained when Plaintiff fell off a ladder at Defendant's property. 2. Motion to Compel Further Responses to RFAs a. Basis for Motion Defendant propounded RFAs on Plaintiff. Plaintiff responded by asserting various objections and then indicating he could neither admit nor deny the RFAs because litigation is in its nascent stages. Defendant attempted to meet an...

Excerpt: .... Background Facts Plaintiffs, Antonio Calderon, Ana Canchola, and Frank G. Martinez filed this action against Defendant, SCE for damages arising out of an electrical explosion and fire in an underground high- voltage vault. 2. Motion to Compel Further Responses to RPDs a. History of Discovery Dispute Plaintiffs allege the explosion at issue in this lawsuit was caused by deliberate and willful improper construction and maintenance of the subject ...

Excerpt: ...ohn Canas and Marlene Canas, Husband and Wife as Joint Tenants.” Subsequently, in 2005, a grant deed was recorded that transfers Plaintiff's interest in the subject property entirely to Defendant; Plaintiff contends the signature on the deed is a forgery, and she only discovered the forgery this year. Evelyn Marie Canas is John Canas's current spouse, and Bank of America holds the mortgage on the subject property. 2. Motion for Terminating Sanc...

Excerpt: ...led against Defendants, Drs. Okuyemi and Milone. 2. 9/12/23 Hearing on Motion for Summary Judgment The Court heard Drs. Okuyemi and Milone's summary judgment motion on 9/12/23. Defendants moved for summary judgment on two grounds. First, they contended the Good Samaritan defense applied and acted as a complete defense to all claims pled against them. Second, they contended they complied with the standard of care and nothing they did caused or con...

Excerpt: ... any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Until the moving party has discharged its burden of proof, the opposing party has no burden to come forward with any evidence. O...

Excerpt: ...Beverly, breach of the implied warranty of merchantability, fraudulent inducement/concealment, violation of the CLRA, and violation of Magnusson-Moss. 2. Demurrer to FAC 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...

Excerpt: ...ce, and breach of fiduciary duty. 2. Demurrer a. Initial Note re: Continuance The Court was originally scheduled to hear this demurrer on 10/17/23. Prior to the hearing, the Court issued a ruling indicating Plaintiff had failed to provide any authority in support of her positions advanced in her opposition, and continuing the hearing to require Plaintiff to provide substantive opposition. The Court ultimately adopted its tentative ruling as its f...

Excerpt: ...ithout first offering it to Plaintiff on the same terms. Plaintiff seeks an order requiring the parties to vacate the sale and requiring Paul to offer the property for sale to Plaintiff on the same terms as it was sold to Jack. Additionally, Plaintiff seeks damages as a result of Defendants' failure to offer Plaintiff the right of first refusal. Second, Plaintiff alleges Defendants have been wrongfully using parking spaces to which Plaintiff is e...

Excerpt: ...iled timely opposition and reply papers. b. Basis for Demurrer Plaintiffs demur to the answer, contending the first through fifteenth affirmative defense fails to state a defense and are uncertain. c. Law Regarding Answers A verified complaint must be denied positively or according to information and belief. (CCP §431.30(d).) Anything less than a general denial of the whole complaint is a “qualified” or “specific” denial. Defendant can d...

Excerpt: ... 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 on the face of the ple...

Excerpt: ...iled proof of service on All Seasons on 2/14/23. The POS indicates Plaintiff's registered process server served All Seasons by personally serving Jesse Gastelum, its agent for service of process, on 2/13/23. On 4/05/23, at Plaintiff's request, the Clerk entered All Seasons' default. On 4/25/23, Plaintiff filed proof of service on Bansal. The POS indicates Bansal was served by substitute service on Susan Serrano, a person at the front desk of the ...

Excerpt: ... 2. Demurrer (Defendants, Appleby Property Management, Olive Crest Homeowners Association, and Ara Agopian) 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,...

Excerpt: ...tiffs obtained a loan secured by a deed of trust from Defendant, and while the parties were communicating in an attempt to modify the loan, First American, the trustee on the deed, recorded a Notice of Default and Election to Sell. Plaintiff alleges Wells Fargo made numerous representations that the loan modification request was being considered and that the sale had been suspended, but the sale went forward in the course of these discussions and...

Excerpt: ...filed the deed of trust on the property. Plaintiff filed the complaint on 3/26/21. The Clerk, at Plaintiff's request, entered Defendant's default on 11/04/21. On 11/17/21, after a default judgment prove-up hearing, the Court issued judgment in favor of Plaintiff and against Defendant. The judgment makes clear that Plaintiff owns the subject property and Defendants have no interest in the subject property. It also makes clear that the promissory n...

Excerpt: ...On 7/25/22, Defendant filed a cross-complaint against Palmcrest House, LLC, which was the tenant to whom Defendant leased the property, and the tenant who in turn subleased the property to Plaintiff. The cross-complaint includes causes of action for declaratory relief, breach of contract, and indemnity. On 10/03/22, Palmcrest House, LLC filed a cross-complaint against Plaintiff and Defendant, alleging claims for declaratory relief, indemnity, and...

Excerpt: ...efendants repeatedly asked for dates for the deposition, but none were provided. Defendants therefore move to compel Plaintiff's deposition. The motion to compel is granted. CCP §2025.450. Counsel must meet and confer forthwith to agree on a date, time, and location for the deposition. If Plaintiffs' attorney does not meaningfully engage in the meet and confer process within the next five days, Defendants may unilaterally set the deposition at a...

Excerpt: ...iled 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 fo...

Excerpt: ...23. The cross-complaint includes causes of action for breach of written contract, breach of the covenant of good faith and fair dealing, unfair business practices, and equitable indemnity. 2. Motion to Vacate Default a. Procedural History Prestige filed the cross-complaint on 5/02/23. Prestige served the cross-complaint on Cross- Defendants on 7/23/23. On 8/23/23, Cross-Defendants filed an answer to the cross-complaint, but the Clerk rejected it ...

Excerpt: ...d the hearing on the motion to 11/09/23. The Court ordered the parties to prepare a joint statement re: SROGs remaining in dispute. The Court also ordered the parties to continue to meet and confer concerning RPDs, which were scheduled for hearing on 11/09/23, and to submit a joint statement of RPDs remaining in dispute as well. 2. Joint Statements On 10/30/23, Plaintiff filed joint statements of items remaining in dispute re: SROGs and RPDs. Onl...

Excerpt: ...23. The cross-complaint includes causes of action for breach of written contract, breach of the covenant of good faith and fair dealing, unfair business practices, and equitable indemnity. 2. Motion to Vacate Default a. Procedural History Prestige filed the cross-complaint on 5/02/23. Prestige served the cross-complaint on Cross- Defendants on 7/23/23. On 8/23/23, Cross-Defendants filed an answer to the cross-complaint, but the Clerk rejected it ...

Excerpt: ...d the hearing on the motion to 11/09/23. The Court ordered the parties to prepare a joint statement re: SROGs remaining in dispute. The Court also ordered the parties to continue to meet and confer concerning RPDs, which were scheduled for hearing on 11/09/23, and to submit a joint statement of RPDs remaining in dispute as well. 2. Joint Statements On 10/30/23, Plaintiff filed joint statements of items remaining in dispute re: SROGs and RPDs. Onl...

Excerpt: ...efendants repeatedly asked for dates for the deposition, but none were provided. Defendants therefore move to compel Plaintiff's deposition. The motion to compel is granted. CCP §2025.450. Counsel must meet and confer forthwith to agree on a date, time, and location for the deposition. If Plaintiffs' attorney does not meaningfully engage in the meet and confer process within the next five days, Defendants may unilaterally set the deposition at a...

Excerpt: ...On 7/25/22, Defendant filed a cross-complaint against Palmcrest House, LLC, which was the tenant to whom Defendant leased the property, and the tenant who in turn subleased the property to Plaintiff. The cross-complaint includes causes of action for declaratory relief, breach of contract, and indemnity. On 10/03/22, Palmcrest House, LLC filed a cross-complaint against Plaintiff and Defendant, alleging claims for declaratory relief, indemnity, and...

Excerpt: ...filed the deed of trust on the property. Plaintiff filed the complaint on 3/26/21. The Clerk, at Plaintiff's request, entered Defendant's default on 11/04/21. On 11/17/21, after a default judgment prove-up hearing, the Court issued judgment in favor of Plaintiff and against Defendant. The judgment makes clear that Plaintiff owns the subject property and Defendants have no interest in the subject property. It also makes clear that the promissory n...

Excerpt: ...related complaints. Plaintiff alleges Defendant's misconduct occurred while Plaintiff was both a student and a student employee at CSU. 2. Demurrer to FAC 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;...

Excerpt: ...ach of written lease contracts, and breach of oral contract. Plaintiffs allege Defendants agreed to lease commercial property to them, and represented to them the property was zoned for the use that they intended. Plaintiffs allege they spent $70,000 building out the property, but were unable to obtain permits to operate their intended mini-market and smoke shop because the premises were not zoned for such use. 2. Demurrer to FAC a. Legal Standar...

Excerpt: ...documents on Respondents, including Robert and Glenda Hoiseth, by personal service on the Hoiseths “c/o FHLC, 3914 Murphy Canyon Road, #A250, San Diego, CA 92123.” 2. 1/10/23 Hearing on Motion to Quash On 1/10/23, the Court heard the Hoiseths' motion to quash. The Court issued a tentative ruling, which was ultimately adopted as its final ruling. The ruling was as follows: The Hoiseths move to quash service of the summons, petition, and relate...

Excerpt: ...aused or contributed to Plaintiff's injuries or damages. b. Standard of Care The standard of care against which the acts of health care providers are to be measured is a matter within the knowledge of experts. Elcome v. Chin (2003) 110 Cal.App.4th 310, 317. Unless the conduct required by the particular circumstances is within the common knowledge of the layman, the standard of care in a malpractice action can only be proved by an expert's testimo...

Excerpt: ...or an order requiring Plaintiff to post bond in order to continue to prosecute this action. a. General Governing Law In an action or special proceeding brought by a nonresident plaintiff, the defendant may at any time move for an order requiring the plaintiff to post security. (CCP §1030(a).) The stated grounds for the motion are that the plaintiff resides out of state or is a foreign corporation, and there is a reasonable possibility that the m...

Excerpt: ...of Penal Code §496(c). 2. Motion to Sever or Bifurcate a. Parties' Positions Defendant moves to sever or bifurcate the trial. He contends his affirmative defenses of statute of limitations, lack of subject matter jurisdiction, res judicata, and collateral estoppel must all be tried to the Court, rather than to the jury, and therefore the Court should try these issues first. Plaintiff opposes the motion. She argues Defendant has not clearly state...

Excerpt: ...t he would have someone come out right away, but nobody came for 13 days, which resulted in damage to his clothing and furniture. 2. Demurrer to FAC 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 f...

Excerpt: ...filed the deed of trust on the property. Plaintiff filed the complaint on 3/26/21. The Clerk, at Plaintiff's request, entered Defendant's default on 11/04/21. On 11/17/21, after a default judgment prove-up hearing, the Court issued judgment in favor of Plaintiff and against Defendant. The judgment makes clear that Plaintiff owns the subject property and Defendants have no interest in the subject property. It also makes clear that the promissory n...

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

Excerpt: ...red and migrated. 2. 9/29/23 Ex Parte Application On 9/29/23, the Court heard and granted Plaintiff's ex parte application to shorten time for the hearing on this motion. Both parties appeared at the hearing, and the parties waived notice of the order. Defendant was ordered to file any opposition to the motion on or before 10/05/23. Defendant has not filed timely opposition to the motion. 3. Analysis a. Law Governing Late Designations A party who...

Excerpt: ...e FAC, which includes causes of action for: Negligence Hospital Negligence Loss of Consortium Corporate Negligence Intentional Misrepresentation Breach of Fiduciary Duty Willful and Wanton Misconduct Fraud Battery 2. Demurrer to FAC a. Parties' Positions Defendants demur to the complaint, contending (a) the fourth cause of action is duplicative of the second, (b) wanton and willful misconduct is not a separate cause of action, (c) the fraud-based...

Excerpt: .... He alleges Defendant requested that he trim the trees at the property, and he fell while doing so. Plaintiff alleges he was presumed to be Defendant's employee at the time of the fall, because he was doing work for which a license is required, and he lacks such a license and never represented to Defendant that he has one. Plaintiff alleges he originally pursued a workers' compensation claim against Defendant, but Defendant denied Plaintiff had ...

Excerpt: ...In the alternative, they seek an order shortening the time to respond to a demand for psychological examination. b. Opposition Any opposition to the motion was due on or before 9/27/23. Plaintiff has not filed timely opposition to the motion. The Court will not consider late-filed opposition papers. c. Authority for Psychological Examination Except for defense physicals in personal injury cases (in which one examination is permitted as a matter o...

Excerpt: ... 2 and also one re: Doe 1; the certificates are filed under seal and are marked “received 12/09/22.” On 12/12/22, Plaintiff filed a mental health care practitioner certificate of merit. The certificate appears to apply to both Doe 1 and also Doe 2; it does not specifically mention either Doe, but concludes that Plaintiff was a victim of childhood sexual abuse. The certificate is also marked “received 12/09/22,” and is also filed under sea...

Excerpt: ...entional interference with estate, lack of hot water, leaking plumbing, and general non- maintenance. 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 dem...

Excerpt: ...Background Facts Plaintiff, Edison Manrique filed this action against Defendant, General Motors, LLC on 10/13/22. Defendant demurred to the complaint and moved to strike portions of the complaint, and Plaintiff filed the operative First Amended Complaint prior to the hearing. The FAC includes causes of action for violation of Song-Beverly and fraudulent inducement/concealment. 2. Demurrer to FAC a. Legal Standard on Demurrer A demurrer is a plead...

Excerpt: ... Plaintiffs, Jane M.C. Doe, et al. are a group of eleven plaintiffs who have collectively filed suit against Defendants, LAUSD, Dennis Jenkins, and Jennifer Mak for damages arising out of Jenkins's alleged sexual abuse of Plaintiffs while they were fifth grade students at 15 th St. Elementary School during 2013 and 2014. On 5/11/23, the Court heard and sustained Defendants' demurrer to the FAC with leave to amend. The crux of the Court's holding ...

Excerpt: ... Plaintiffs, Jane M.M. Doe and John J.C. Doe have filed suit against Defendants, LAUSD, Dennis Jenkins, and Jennifer Mak for damages arising out of Jenkins's alleged sexual abuse of Plaintiffs while they were fifth grade students at 15 th St. Elementary School during 2013 and 2014. This case is related to 22STCV16136, a case wherein eleven plaintiffs have sued the same defendants for the same or similar acts. 2. Demurrer a. Legal Standard on Demu...

Excerpt: ...omplaint Plaintiff, R.A. filed this action against Defendants, Doe 1, Doe 2, and Does 3-60. Plaintiff alleges Doe 1 is a CA nonprofit that provided after-school programs, overnight camps, recreational services, and other services to minors in LA County and surrounding areas; Doe 1 is a partnership operated, run, controlled, managed, directed, supervised, and/or operated by Doe 2. Plaintiff alleges Doe 2 is a national nonprofit corporation headqua...

Excerpt: ...rnment tort claim on the City of Long Beach by mail. Petitioner also served an application for leave to file a late claim on the City by mail. · 9/14/22 – The City denies the application for leave to file a late claim. · 4/28/23 – Petitioner files the instant petition. 2. Petition for Relief from Failure to File Timely Claim a. Law Governing Petitions for Relief Pursuant to Gov Code §946.6(c), the Court is required to grant a petition for ...

Excerpt: ... minor's compromise, seeking court approval of the settlement on behalf of the minor plaintiff. On 3/23/23, the Court granted the petition and approved the settlement. On 7/14/23, the Court heard Plaintiffs' motion to rescind the settlement. The Court denied the motion. Additionally, the Court held, “The Court finds that Mr. Green was present at the time of settlement, via telephone, and the settlement may be enforced….The Court states that a...

Excerpt: ...ing was continued several times, and on 6/02/23, Plaintiff filed a First Amended Complaint. The FAC includes the original forcible detainer causes of action, but also contains causes of action for breach of contract, promissory estoppel, interference with economic relations and contractual relations, conversion, and declaratory relief. The Court ultimately struck the FAC, finding the inclusion of the other causes of action was improper in this fo...

Excerpt: ...opounded the subject discovery on 6/20/23. Plaintiff did not serve responses. Defendants therefore seek an order compelling deeming the RFAs admitted and imposing sanctions. The motion to deem RFAs admitted is granted. CCP §§2033.280(b), (c). Defendants seek monetary sanctions against Plaintiff and her attorney of record. Sanctions are absolutely mandatory, and must be imposed even if Plaintiff provides responses prior to the hearing and/or sho...

Excerpt: ... excessive. b. Timeliness of Opposition Assistance argues the opposition was not timely and should not be considered. The opposition was filed and served one day late, likely because of the newly-enacted 9/22/23 court holiday. The Court finds refusing to consider the opposition would be unduly harsh, as this is the first year the holiday has been recognized, and many documents from many attorneys have been late-filed because of the newly- enacted...

Excerpt: ...claratory relief. 2. Demurrer to Answer a. Procedural History Plaintiffs filed their complaint on 2/08/23. Vance filed her answer on 5/09/23. Plaintiffs filed a declaration in support of automatic extension of time to demur to the answer on 5/23/23. Plaintiffs filed their demurrer on 6/22/23, setting it for hearing on 12/05/23. The parties attended a Case Management Conference on 7/10/23, at which time the Court advanced the hearing on the demurr...

Excerpt: ...ans, all of which charged interest in excess of the legally permissible rate, and thereafter wrongfully commenced foreclosure proceedings on Plaintiff's property based on Plaintiff's breach of a secured loan. The case has a procedural history far too complex to reiterate in this ruling. Plaintiff's Second Amended Complaint included causes of action for usury and breach of the implied covenant of good faith and fair dealing. Plaintiff agreed to di...

Excerpt: ... strike on 7/01/22, and the Court sustained the demurrer and granted the motion to strike with leave to amend on 11/14/22. Plaintiff filed her First Amended Complaint on 12/12/22. The FAC included causes of action for: · Violation of Civil Code §1940.2 – Breach of Covenant of Quiet Enjoyment (all defendants); · Violation of Civil Code §1942.5 (all defendants); · Tortious Failure to Provide Habitable Premises (all defendants); · Negligence...

Excerpt: ...her from Facebook or a third party, hacked Plaintiff's account, and despite Plaintiff's requests, Facebook has not restored access to the account. On 2/16/23, Plaintiff filed a proof of service of unspecified documents, by mail, on Zuckerberg. On 4/03/23, Plaintiff filed a proof of service of the summons, complaint, and related documents on Facebook-Meta by serving its registered agent for service of process. On 4/26/23, Meta Platforms, Inc., fil...

Excerpt: ... filed 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 ...

Excerpt: ...mages and related allegations against him. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the safety of others are sufficient to show malice. Taylor v. Superior Court (1979) 24 Cal.3d 890, 895-96. The Taylor court concluded that the act of operating a motor vehicle while intoxicated may constitute an act of "malice" under section 3294 if performed un...

Excerpt: ... Defendants 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. On 6/23/22, the Court heard Defendants' demurrers and motions to strike directed ...

Excerpt: ... is improper. Defendants contend venue is proper in Sutter County, which is where the incident took place and where all of the defendants reside. Defendants concede One World Ranches designated Los Angeles County as its principal place of business with the Secretary of State, but contend its true principal place of business is Sutter County, as its owners reside in Sutter County. Defendants seek sanctions because Plaintiff refused to voluntarily ...

Excerpt: ...sion, and NIED. The concealment cause of action was dismissed after demurrer, leaving the remaining four causes of action pending against Moving Defendant, LBMMC. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Wher...

Excerpt: ... 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 on the face of the pleading unde...

Excerpt: ...aint included causes of action for medical negligence, lack of informed consent, medical battery, fraud/breach of fiduciary duty, fraud/intentional misrepresentation and concealment, NIED, IIED, and corporate negligence. On 9/14/21, Sobol filed an answer to the original complaint. On 8/24/21, Plaintiff filed a motion for leave to amend his complaint to add claims for punitive damages against Defendants. Sobol filed a motion to compel arbitration ...

Excerpt: ...icial council form complaint. 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 complaint are assumed to be true, howeve...

Excerpt: ...laint is that she was an inpatient resident at SPCH following a seizure, and Bunoan sexually assaulted and harassed her. 2. Motion to Compel Further Responses a. Initial Note re: Jane Doe 1 Most of the RPDs at issue concern witness statements from third parties. Plaintiff also seeks to recover documents relating to Jane Doe 1. Jane Doe 1 is a plaintiff in another case against Defendant with similar allegations to the instant case, and is represen...

Excerpt: ... or that a specialist might be needed; additionally, she alleges the surgery was negligently performed. Plaintiff's operative First Amended Complaint, filed on 2/08/22, includes two causes of action for professional negligence against Moving Defendant. 2. Motion for Summary Judgment a. Basis for Motion Defendant, Dr. Claire Sakae moves for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard...

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

Excerpt: ...ithout Plaintiff's permission. 2. Initial Note Plaintiff, on his civil case cover sheet, checked the box for “other petition” instead of “other complaint.” This resulted in the case receiving an LBCP case number instead of an LBCV case number. Petitions are set for summary hearings, whereas complaints are set for trial. The Court asks Counsel to ensure the correct box is checked in the future, as having the case designated a “petition�...

Excerpt: ...ntiffs obtained a loan secured by a deed of trust from Defendant, and while the parties were communicating in an attempt to modify the loan, First American, the trustee on the deed, recorded a Notice of Default and Election to Sell. Plaintiff alleges Wells Fargo made numerous representations that the loan modification request was being considered and that the sale had been suspended, but the sale went forward in the course of these discussions an...