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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ... 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: ...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...