Excerpt: ...laintiffs allege the specific property they placed in the box and their value, including precious metals and cash. (Paragraph 11) On September 5, 2017 Plaintiff Stacy Persinger went to the bank to access the safe deposit box. A Canadian vacation was planned, and the family's passports were secured there. Plaintiff was assisted by an assistant bank manager who, in Plaintiff's presence, used her key and his master key to open the box's door. He gav...

Excerpt: ...to Compel Compliance with Deposition Subpoena The City moves to compel Whittier Elementary School to comply with a deposition subpoena for production of business records that the City propounded on 1/21/20. The motion is denied for two reasons. First, the subpoena, attached to the moving papers as Exhibit B, includes a mostly blank proof of service. The proof of service does not indicate who was served, where, what date, what time, etc. The proof...

Excerpt: ...tiff alleges professional malpractice and as against Dr. Lim a cause of action for reckless misconduct. Plaintiff Elijah Edwards presented at the emergency room of Long Beach Memorial Hospital with a complaint of flank pain. He was treated by Dr. Lim. He suffered from tension pneumothorax. Plaintiff claims the condition required immediate treatment, but Dr. Lim failed to recognize the condition and abandoned the patient and left the clinic. The d...

Excerpt: ...ourt has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).” The Rule does not appear to require a written agreement. This action was filed on 10/2/18. CRC 1010.6(a)(2)(A)(i): “For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a part...

Excerpt: ...t Rachel Streicher is the sole member of LLC. “Wilhelmina Stanley was a resident of defendant PGR and was therefore within the care and custody of defendants, and each of them. As a resident of PGR, Plaintiffs' decedent was under all defendants' 24 -hour care and supervision, and reliant upon defendants and each of them for her care, supervision, personal assistance and caregiving, security and safety, and meals.” (Paragraph 11) There are gen...

Excerpt: ...tion. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as s...

Excerpt: ...les, State of California (Caltrans), Jessica Phillips, Lonnie Phillips, Tanesha Phillips, Tara Joy Fernandez, Sergio Fernandez, Shark Helmets North America, LLC, and Does 1 through 125, inclusive. For the purposes of the instant motion, the complaint's first cause of action alleges premises liability against Defendants Skating Edge Ice Arena and Erwin Heindl. The complaint's seventh cause of action alleges wrongful death/survival against all defe...

Excerpt: ... website and web hosting services, not for assistance in manufacturing Plaintiff's product. When Plaintiff threatened Defendant Cyberset with a lawsuit, Defendant Kalhor threatened to burn Plaintiff to death if he filed the lawsuit. On July 24, 2018, Plaintiff filed a complaint against Defendants Shahab Saba (“Saba”), Siamak Kalhor (“Kalhor”), and Cyberset Corp., asserting the following causes of action: 1. Elder Abuse 2. Fraud 3. Fraudul...

Excerpt: ...e damages based on the subject suburban containing defective parts. TR: GRANT Plaintiff's request for judicial notice is granted. (Evid. Code § 452.) Defendant moves the Court for a protective order. Defendant argues that Plaintiffs are not entitled to capture GM's confidential computer modeling technology and objects to producing the models themselves or any documents or answers to discovery questions that reveal the contends of those models. C...

Excerpt: ...Deposit 6. Violation of Unfair Competition Law Additionally, Defendant Silver moves to strike the AC as to punitive damages, and as to the fourth, fifth, and sixth causes of action. Defendant Silver also moves to strike the prayer for relief in its entirety. ALLEGATIONS On August 8, 2018, Plaintiffs filed the initial complaint against Defendants Oceans 11 RV Park LLC, Oceans 11 RV Rentals & Storage, and Does 1-25, alleging the first three causes ...

Excerpt: ...ed “distributor pricing” on Plaintiff's products and then made money selling the products at higher prices to third parties. Plaintiff shipped the products to Defendants and sometimes to Defendants' customers when requested. Plaintiff alleges that Defendants did not pay all the money owed to Plaintiff. Plaintiff commenced this action to collect on the purchase agreements and invoices issued from August 31, 2015 to January 5, 2018. On February...

Excerpt: ...ctively “Plaintiffs”) filed their initial complaint. Defendant San Pedro Convalescent Home, Inc., dba Los Palos Convalescent Hospital (“Defendant” or “Los Palos”) was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against “Doe” defendants in the pleading. (See e.g., Complaint ¶¶ 10-11.) On November 14, 2018, Plaintiffs filed their first amended complaint (�...

Excerpt: ...ail because Williams cannot prove causation between her alleged exposure to arsenic at the Newcomb Academy School construction site, between June 1, 2016 and June 3, 2015, and any resulting injury. Williams's retaliation claim fails because Defendant did not employ Williams. MWL's breach of contract and breach of implied covenant of good faith and fair dealing fail because MWL cannot establish its performance of the underlying contract, excuse fo...

Excerpt: ...perty. On October 24, 2019, City filed a Cross-Complaint against Ray and Armando. Trial is currently set for September 8, 2020. ALLEGATIONS: Only the third cause of action for dangerous condition of property is claimed against City. Plaintiff alleges that on January 14, 2017, she was seriously injured by a vehicle driven by Ray while she was walking across a cross-walk in Long Beach. (Complaint, ¶ DCP-2.) City permitted the intersection to const...

Excerpt: ...f action against Defendants. Defendants move to strike paragraphs 6 and 7 of the FAC on the ground that the allegations constitute an improper request for relief. BACKGROUND On December 26, 2018, Plaintiff Creative Recovery Concepts, Inc. (“Plaintiff”) filed a verified complaint to quiet title against Defendants. Plaintiff filed the FAC on May 20, 2019. Plaintiff alleges that on November 28, 2012, a Judgment was obtained by Old Mission, LLC a...

Excerpt: ...iods, failure to provide required meal periods, failure to provide required rest periods, failure to pay all wages owed after separation, failure to provide accurate wage statements, unfair business practices, and civil penalties under PAGA. DEMURRER TR: Defendants Intermodal Bridge Transport, Inc. and Ozwaldo Zea demur to the first amended complaint's fourth and fifth causes of action for violation of California meal and rest period violations. ...

Excerpt: ...e all documents, without objections, to Categories 5 and 8 of the Subpoena for Production of Documents served by Defendant on or about September 13, 2019. STANDARD C.C.P. §2025.480 provides, in pertinent part, as follows: (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, t...

Excerpt: ...aret Williams contracted with LBUSD to serve as “Facilities Consultant in charge of overseeing environmental compliance with LBUSD construction sites.” In 2013 she entered a second contract with LBUSD to provide “project management and planning consulting services for the facilities development and planning branch.” One project was the site of the Newcomb Academy. In this consolidated complaint she brings suit against the general contract...

Excerpt: ...r punitive damages. ALLEGATIONS Defendants owned real property at 855 W. Willow Street in Long Beach, California (the “Property”). Plaintiff alleges that on February 18, 2019, Defendants entered into a listing agreement with Plaintiff by which Plaintiff would represent Defendants in the listing and sale of the Property (the “Listing Agreement”). While both Defendants were named on the Listing Agreement, only Defendant Edward D. Cha (“Mr...

Excerpt: ...levant Law A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contains objections. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses to requests for production “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc., § 2031....

Excerpt: ...Del Sol Realty and Associates, Andalucia Lending Institution, Inc., and Spectrum Lighting Services (“Defendants.”) The action arises out of the alleged breach of promissory notes made by Defendant Hernandez as borrower where Lydia Rojas, Plaintiff's predecessor-in-interest, was the beneficiary. (Compl., ¶ 1.) Defendant Hernandez, a real estate broker, issued a series of promissory notes beginning in 1993 whereby he was the borrower and Lydia...

Excerpt: ...fendant Shun PA, M.D. (“Defendant”), who provided medical care to Plaintiffs' daughter in the emergency department. On May 1, 2018, Plaintiffs filed their complaint.[1] On November 7, 2019, Defendant testified at his deposition. Plaintiffs' counsel asked Defendant certain questions that Defendant upon instruction by his counsel did not answer. On January 17, 2020, Plaintiffs filed this motion seeking to compel Defendant to answer certain ques...

Excerpt: ...neral contractor. One of the subcontractors Gundry hired for the project was Production Plumbing, Inc. dba Major League Plumbing (“MLP”) In the complaint, Gundry alleges Maverick failed to pay for all services rendered. On January 26, 2018, Maverick filed a cross-complaint against Gundry. The cross-complaint alleges some of the construction work was defective. On April 3, 2018, Gundry filed a cross-complaint against MLP, and other subcontract...

Excerpt: ... abetting conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, common count: money had and received – quantum meruit, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER TO COMPLAINT ...

Excerpt: ...Butler Chemicals, Inc. Thereafter, both Defendants continued to solicit Plaintiff's customers with Plaintiff's confidential information. The first amended complaint was filed August 16, 2018, and it asserts causes of action against Defendants Butler Chemical, Inc. and Gary Erlandson for: 1. BREACH OF WRITTEN CONTRACT; 2. BREACH OF FIDUCIARY DUTIES AND OBLIGATIONS; 3. INTERFERENCE WITH CONTRACTUAL RELATIONS; 4. INTERFERENCE WITH PROSPECTIVE ECONOM...