Excerpt: ...unctive Relief 17. Conversion 18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico On June 13, 2019 the court sustained a demurrer by Defendant Carolyn Olson to the entire complaint with leave to amend certain causes of action and without leave to amend as to others. The 1 st Amended Complaint is not yet due. The basis, in part, for sustaining Olson's demurrer was that the complaint was uncer...

Excerpt: ...nd Saul Palomom. Bierman concurrently moves to strike Plaintiff's claim for punitive damages. ALLEGATIONS The complaint is factually detailed but for purposes of the present demurrer by John Bierman it may be concisely summarized. In 1992 Juan Palomo formed a successful steel fabrication enterprise, a sole proprietorship, which did business as Palomo Steel. Juan's brothers, Defendants Jay and Saul, were hired on in in 1995. (With no disrespect in...

Excerpt: ...udes the following causes of action: 1. Breach of Contract 2. Breach of Warranty 3. Constructive Fraud 4. Fraud 5. Unfair Business Practices 6. Conversion 7. Declaratory Relief 8 – 11 Recovery on Contractor's Bond The 8 th – 11 th causes of action are not charged against these moving parties – they are against Co‐Defendant Sureties. The sureties are not charged in causes of action 1 – 7. The complaint may be briefly summarized. Plaintif...

Excerpt: ... parties entered to what is termed a settlement agreement (Ex B) on December 13, 2018. It recites that Flexi‐Van was continuing to provide track chassis and the current account was $258,000. (Technically, if $200,000 was reduced to judgment it is no longer <015d019000030128015d01 016f01b5011a011e0190L the $200,000 principal on which the judgment was rendered). New World was to pay $258,000 in installments. The first payment of $20,000 was due o...

Excerpt: ...uciary duty, dissolution, and accounting. On November 1, 2016, Defendants filed an answer to the complaint. INTRODUCTION Defendants move for summary judgment against Plaintiffs. In the alternative, Defendants move for summary adjudication of Plaintiffs' breach of written partnership agreement (1 st), breach of fiduciary duty (2 nd), dissolution (3 rd), and accounting (4 th) causes of action, as well as, Plaintiffs' prayer for punitive damages. EV...

Excerpt: ... leak from the Buttlers' unit caused damage and Auto Club apparently made payment to them under their policy. Renfrow alleges she suffered water damage from the leak in the Butlers' unit, but Auto Club denied her claim. It is fundamental that the Buttlers' insurance should not be mentioned in the case against them. The insurance must be placed into evidence in Renfrow's case against Auto Club. Defendant Galaxy Homeowners' Association (“HOA”) ...

Excerpt: ...amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” The declaration of attorney Darren Trone merely states that: 1. “After completing initial discovery, it appears” that as an alternative to the cancellation of deed and quiet title cause of action, a partition action should be alleged concurrently.” He does not indicate when the initial discovery was completed or what it was that �...

Excerpt: ...th two options for another 5 years each. Baars alleges he made over $500,000 worth of improvements authorized under the lease. Co‐defendant SRE acquired the property from Koll in 2015, and Koll assigned its rights and obligations under the lease to SRE. Baars alleges that on July 26, 2016, SRE sought and obtained an entitlement (2016 CUP) changing the building's use zoning to convert the building to a residential care facility for the elderly. ...

Excerpt: ...h another vehicle. County was allegedly negligent by reason of failure to secure Plaintiff with a seatbelt. Plaintiff had been handcuffed and was in the back seat of a patrol car driven by Sheriff's Deputy Andrew Hagewood. A 2013 Toyota Camry (License #6YRJ588) driven by Defendant James Thomas, Jr. “veered into the southbound lanes and collided with the subject vehicle” (Paragraph 4). Plaintiff alleges County breached mandatory duties imposed...

Excerpt: .... Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico As the court has repeatedly observed in ruling on previous demurrers to the 1 st Amended Complaint, this pleading disregards many of the fundamental rules of pleading. CCP §425.10: “(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordinary and concise ...

Excerpt: ...to Provide Accurate Wage Statements (Labor Code) 9. Unfair Business Practices 10. Civil Penalties (PAGA) 11. Civil Penalties (PAGA) ALLEGATIONS Plaintiff alleges he was an employee of Hepta Run, Inc. (and its predecessor HRT Trucking, <0085008701e60094008300 01e40003000b00870003>claims numerous violations of the Labor Code and that unlawful deductions were taken from his pay. Ed Tseng is alleged to be the company's owner liable for his company's ...

Excerpt: ... which he contends moots this demurrer. Under CCP §472 a plaintiff may amend a complaint once as a matter of right “before the answer or demurrer is filed” and after the demurrer is filed but before the hearing. Although some named defendants have answered, that does not cut-off Plaintiff's right to amend as to a defendant who has not answered or whose demurrer has not been ruled upon. “As we read the statute [CCP §472], a plaintiff has a...

Excerpt: ...a Rule of Court 3.1324, he court finds he has substantially complied with the rule. He attempts to provide all of the required information, even though the declaration is not complete in all respects. For instance, in stating the effects of the amendment as adding new causes of action, new parties, and a prayer for punitive damages (he also indicates “subpoena relevant persons/documents for trial” but this is not part of a pleading. Subpoenas...

Excerpt: ... which appears as Exhibit A to the moving papers. There is no dispute that Plaintiff did execute the agreement. However it is also undisputed that Plaintiff was a minor when she executed agreement. Although she has now attained her majority, she filed this action prior to her 18 th birthday. DISCUSSION Unlike most motions to compel arbitration, no issues are raised with respect to the execution of the stand-alone mutual arbitration agreement and ...

Excerpt: ...ces 16. Injunctive Relief 17. Conversion 18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico ALLEGATIONS As the court observed in ruling on previous demurrers to the 1 st Amended Complaint, this pleading disregards many of the fundamental rules. CCP §425.10: “(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of acti...

Excerpt: ...estoration Project. There were eight change orders during the performance of work “that resulted in new and unforeseen work” (Paragraph 7). Plaintiff “disagreed with the content of the change orders including the description of the work to be performed and the estimated amount of money it would take to perform the tasks outlined in the change orders.” Plaintiff refused to sign “many of the change orders” but informed City it would “...

Excerpt: ... any, this is. 15. Unfair Business Practices 16. Injunctive Relief 17. Conversion 18. Negligent Hiring 19. Misappropriation of Likeness 20. IIED AND NIED 21. “Oppression” 22. Civil Rico. ALLEGATIONS This is not a well-pled complaint in that is disregards many of the fundamental rules. CCP §425.10: “(a) A complaint or cross-complaint shall contain both of the following: (1) A statement of the facts constituting the cause of action, in ordin...

Excerpt: ...nsider late-filed papers. BACKGROUND Plaintiff is an attorney suing his former clients. He litigates this action in Propria persona. Exhibit 1 reflects that Plaintiff's deposition was noticed for April 22, 2019. The notice of deposition was served by mail on March 29, 2019. On April 16, 2019 Defendants served notice by overnight mail that the location for deposition was changed. The date for the deposition did not change (Exhibit 2). Plaintiff di...

Excerpt: ...porting declaration with specific information: “(b) Supporting declaration A separate declaration must accompany the motion and must specify: (1) The effect of the amendment; (2) Why the amendment is necessary and proper; (3) When the facts giving rise to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” The supporting declaration only indicates the identities of the Does were un...

Excerpt: ...ciary duty, dissolution, and accounting. On November 1, 2016, Defendants filed an answer to the complaint. INTRODUCTION Defendants move for summary judgment against Plaintiffs. In the alternative, Defendants move for summary adjudication of Plaintiffs' breach of written partnership agreement (1 st), breach of fiduciary duty (2 nd), dissolution (3 rd), and accounting (4 th) causes of action, as well as, Plaintiffs' prayer for punitive damages. EVI...

Excerpt: ...e amendment is the amount of damages. No new theories, parties or substantive allegations are included. There is ubiquitous legal authority that the policy of amendment is liberal absent actual prejudice. Defendants' opposition is to the effect that conditions should be imposed on the leave to amend. Given the expanded claim of damages, Defendants wish to compel arbitration. Defendants contend their “litigation conduct has been shaped by the or...

Excerpt: ... infestation and he was bitten by them, suffering physical and emotional injury and the loss of personal property such as his luggage and the clothing therein. DISCUSSION Assault & Battery Plaintiff alleges that Defendant's failure to inspect the bedskirts in his room or change them regularly. He characterizes this as a “culture of extreme indifference.” This is not a fact which is deemed true on demurrer. He also alleges that the failure to ...

Excerpt: ...de section 17200, and (7) conversion. Only Gonzalez is charged with the cause of action for Breach of Contract. Neither of the moving Defendants is charged with fraud or negligent misrepresentation. Only Auclair is charged with intentional interference with contract. Neither of the moving Defendants is charged with conversion. SUMMARY ADJUDICATION The Notice of Motion does not identify the issues to be resolved as an alternative to summary judgme...

Excerpt: ...tervene as a Defendant. The moving papers emphasize the motion is unopposed. Its proposed pleading is a demurrer which depends upon extensive requests for judicial notice. The court agrees that Local 11 has standing through its representation the interest of its members and the court will grant the request for intervention “uniting with a defendant in resisting the claims of a Plaintiff” (CCP §387(b)(2)) but the court will deny leave to file...

Excerpt: ...s $39,613.25. The complaint does not disclose the nature of the debt but generally alleges it is either for goods sold or services rendered. It would appear from the evidence that it is for “Linen and Garment Rental.” David Gevorgyan executed the subject agreement on behalf of St. Rita's Haven #1 and #2 and is alleged to have personally guaranteed the debt. DISCUSSION Plaintiff tries to make out its prima facie case for breach of the contract...