Excerpt: ...time, Defendant, Dr. Mehrdad Saliminejad, M.D. moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Decedent's death. b. Law Governing 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 ...

Excerpt: ... 2. Demurrer (Defendant, Daniel Huerta) a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however ...

Excerpt: ...ffs and Cross-Complainants, Tracy Alcantar and Aristides Gascon Notice: OK 1. Motion to Dismiss a. Parties' Positions Gene Rotondo, Timothy Moriarty, James Weiser, Jerome Chiaro, and Donald Heckman, collectively referred to as “Moving Parties,” move to dismiss (a) the cross-complaint filed on 1/25/18, (b) the FAC filed on 5/14/19, and (c) the FACC filed on 11/18/21. Moving Parties contend each of the subject pleadings, all of which were filed...

Excerpt: ... all claims at issue in this lawsuit. It contends that, pursuant to Viking River, Plaintiff must arbitrate his individual claims and the representative claims must be dismissed due to lack of standing. Alternatively, Defendant seeks a ruling staying the action pending the Supreme Court's decision in Adolph v. Uber Technologies. Plaintiff opposes the motion. He contends that (a) the parties' agreement is ambiguous and must be construed against Def...

Excerpt: ...specific performance and related claims arising out of Defendants' alleged refusal to close escrow on Plaintiff's purchase of a commercial property. Plaintiff's original complaint remains the operative complaint in the action. It includes cause of action for specific performance, breach of contract, breach of the implied covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Ad...

Excerpt: ...for terminating sanctions against Defendants, RHH Automotive, Inc. and RHN, Inc. The Court also imposed issue and evidentiary sanctions against Defendants, R&H Automotive Group, HK Automotive, Inc., and Hooman Michael Nissani on a variety of issues, including that Nissani is the alter ego of the viable entity defendants, MOC and Hooman entered into a written contract, Nissani and the viable entity defendants failed to perform under the contract, ...

Excerpt: ...jury trial, and the jury ultimately returned a verdict in the amount of $1,659,456 (compensatory) plus $3,000,000 (punitive). On 12/15/23, the Court heard Defendant's unopposed motion for a new trial. The Court granted the motion in part, reducing the punitive damages award from $3 million to $939,669. 2. Motion for Attorneys' Fees a. Parties' Positions Plaintiff seeks an attorneys' fees award in the amount of $1,659,805. Defendant opposes the mo...

Excerpt: ...provided negligent drawings, plans, specifications, safety instructions, and designs for Plaintiff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. Plaintiffs have added numerous doe defendants to the action, including CH2M Hill Engineers, Inc., which it named as Doe One on 9/07/23. Many defendants have pending cross-compla...

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 f...

Excerpt: ...trike 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. On 5/09/23, the Court heard the Wood Defendants' demurrer and motion to strike directed at the FAC. The Court sustained the demurrer in part and overruled the demurrer in part, and the Court granted the motion to strike in part and denied it in part. On 6/05/23, Plaintiff...

Excerpt: ... negligence, IIED, and NIED. 2. Demurrer to First Amended 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 the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are ...

Excerpt: ...Plaintiff leased the subject automobile. Defendant seeks to compel arbitration under a third party beneficiary theory and also under an estoppel theory. On 4/04/23, two months before Defendant filed this motion, the Court of Appeals decided Ochoa v. Ford Motor Company (2023) 89 Cal.App.5 th 1324. In Ochoa, the Court of Appeals expressly considered whether a manufacturer of an automobile can enforce a dealership's arbitration agreement under a thi...

Excerpt: ...ross-complaint against Stacy John Sanchez, Stacys In Home Care, Inc., Another Successful Venture, Inc., and Lilliana Juliano remains pending. Trial on the cross-complaint is currently scheduled for 4/05/24. b. Parties' Positions The Court requested briefing on the issue of whether the one judgment rule applies and bars entry of judgment on the complaint. Plaintiff submitted briefing on 1/05/24, and Defendant submitted briefing on 1/19/24. Plainti...

Excerpt: ...rty's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. Blank v. Kirwan 39 Cal.3d 311 (1985)....

Excerpt: ...om Defendant to Plaintiff setting forth the parties' positions and asking for a two-week extension of time to file a motion so the parties could continue to meet and confer. Defendant sent a second similar email on 8/16/23 and, having received no response, filed these motion on the statutory deadline, 8/17/23. b. Parties' Positions Defendant contends Plaintiff's responses to the discovery at issue are insufficient and should be supplemented. Defe...

Excerpt: ...ological Associates move for summary judgment, contending they complied with the standard of care at all times, and nothing they did caused or contributed to Plaintiff's claimed damages. b. Law Governing 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 ci...

Excerpt: ...as hired by the McCanns to manage the unit. The other defendants include the upstairs unit owner, the HOA, and the persons/entities who performed work in connection with the leak. Plaintiff's operative complaint is his original complaint, which he filed on 7/13/23. It includes causes of action for breach of the implied warranty of habitability, breach of the implied covenant of quiet enjoyment, fraud, nuisance, premises liability, negligence, bre...

Excerpt: ...ested. It contends the fraud cause of action was a lever that caused Fitness to settle its remaining claims, and therefore was not a “wash.” It contends its rates are reasonable and all hours were reasonable and actually incurred. Fitness filed objections to Palo Woods's attorney declaration in support of the reply. b. Costs As an initial note, Palo Woods seeks to recover costs by way of the motion. Costs are recoverable by way of a memorandu...

Excerpt: ...ing Argument At this time, Defendant, LBMMC moves for summary judgment, contending it complied with the standard of care at all times, and nothing it did caused or contributed to Decedent's death. b. Law Governing 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 par...

Excerpt: ... Amended Complaint on 5/04/22. Notably, Plaintiffs did not serve any party prior to filing their FAC, and no party responded to the original complaint. On 6/13/22, Lido Sailing Club, LLC filed a demurrer to the FAC, setting it for hearing on 9/08/22. On 9/08/22, after receiving opposition and reply papers, the Court sustained the demurrer with leave to amend. On 9/30/22, Plaintiffs filed their Second Amended Complaint. On 10/05/22, Lido filed a d...

Excerpt: ...inued the hearing, after providing guidance, to require the parties to meet and confer. The parties agreed to permit Plaintiff to file an amended complaint curing the defects in the original complaint. On 11/06/23, Plaintiff filed her First Amended Complaint. The FAC includes a sole cause of action for general negligence and alleges Defendants administered dialysis treatment negligently knowing Decedent's blood pressure had dropped dangerously lo...

Excerpt: ...ounty filed an answer to the complaint on 7/20/23. Plaintiff dismissed the County on 7/26/23. The City of Long Beach filed an answer to the complaint on 7/27/23. CalTrans filed an answer to the complaint on 7/28/23. Plaintiff dismissed CalTrans on 7/28/23. The City of Los Angeles filed this demurrer and motion to strike on 8/10/23. Plaintiff filed timely opposition papers, and Defendant filed timely reply papers. 2. Demurrer to Complaint a. Legal...

Excerpt: ...ant 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. On 1/04/24, the Court granted Plaintiff's motion for leave to add a products liability claim against Amigo by way of an amended complaint. 1. Motion to Quash Amigo propounded a deposition subpoena for production of business records on Pl...

Excerpt: ...ion and related claims. Long Beach Acquisitions filed a cross-complaint against the City. 2. Motion to Compel Deposition a. Summary Judgment Motion The City filed a summary judgment motion on 9/20/23, setting it for hearing on 2/22/24. The City supports its motion, in part, with the Declaration of Todd LeBerge. LeBerge is an expert fire marshal and managing fire protection engineer. LeBerge opines, in his declaration, that the City (through its e...

Excerpt: ...iled opposition to the motion, indicating an application had been filed and the motion would be rendered moot prior to the hearing. On 1/08/24, the Court granted the application and appointed Mi Ok Heo, Plaintiff's motion, to act as his GAL in these proceedings. On 1/10/24, apparently not having received notice of the order, Defendants filed reply papers asking the Court to grant the motion. The motion is taken off calendar as moot in light of th...