Excerpt: ... outside the complaint. Counsel uses such techniques as “important for an understanding of this lawsuit” and “although also not alleged, it is important to understand that . . . . .” The court disregards these recitations. The only thing important on demurrer are the facts actually plead and judicially noticeable materials. The court's analysis is based solely on four corners of the complaint and not the extraneous material defense counse...

Excerpt: ...t contends the allegations “fail to suggest that a fiduciary duty was owed from Defendant to Plaintiff.” 4. Paragraph 57:20 – 26. Defendant contends this portion of the cause of action for Negligent Infliction of Emotional Distress has allegations in support of punitive damages which are “unavailable in a negligence cause of action.” 5. Paragraph 58:27 praying for punitive damages. Defendant repeats his argument that punitive damages ar...

Excerpt: ...t effects of her condition, including Broca's aphasia (NOTE: also known as motor aphasia – a compromised ability to communicate). Wife does not take psychiatric medication (¶7). In 2012 wife was found to be “gravely disabled pursuant to Welfare [sic] Code 5150.” A conservatorship was established and a public guardian was appointed. (As conservator?) Wife has resided in Defendant's facility since 2015 in room 405 C. Many allegations are not...

Excerpt: ...ut on their case. Apparently no trial date is pending for the third attempt to do Phase II. Defendant belatedly argues that punitive damages cannot be tried before a different jury than the one which found liability. CC §3295(d) states in relevant part: “Evidence of profit and financial condition shall be presented to the same trier of fact that found for the plaintiff and found one or more defendants guilty of malice, oppression, or fraud.”...

Excerpt: ...Plaintiff has filed an opposition, the “motion” does not state what date is noticed for. The problems with the motion, and there are several, are compounded by what appears to be clerical error by the court. Default was entered as to Sebastian Rucci on January 22, 2019. Default was entered as to John Goldberg on January 23, 2019. Default was entered against Ocean View Accounting, Inc. was entered on August 10, 2018 and entered again on Januar...

Excerpt: ...e requirements for a writ: “The application shall be executed under oath and shall include all of the following: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached. (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the de...

Excerpt: ...he petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or ...

Excerpt: ... RRNS Enterprises (l992) 4 Cal.App.4th 238, 244.) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-74.) On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Id.) An...

Excerpt: ...igent misrepresentation, wrongful termination in violation of public policy, retaliation in violation of Labor Code § 1102.5, violation of Labor Code § 2802, failure to pay all wages including minimum wages and overtime wages, failure to pay wages due, failure to provide accurate wage statements, waiting time penalties, and unfair business practices in violation of Bus. & Prof. Code § 17200 et seq. Plaintiff now moves the court for an order co...

Excerpt: ...cia Carmichael (“Carmichael”), Platinum X Restaurant Group, LLC (“PXRG”), Platinum X Group, LLC (“PXG”), So Cal Restaurant Group, LLC (“SCRG”), and Does 1-50 for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) negligent misrepresentation, (5) intentional interference with contract, (6) violation of Business and Professions Code section 17200, and (7) conversion. The sixth and seventh causes of action are the o...

Excerpt: ... in an accident involving a crane and trailer. Plaintiffs are the surviving son and mother. The Complaint further alleges that Heavy Transport did not have Worker's Compensation insurance and was not self -insured. On March 2, 2018, Defendant demurred to the Complaint arguing the Complaint is barred by the exclusive remedy rule provided by the Labor Code because it was insured during the relevant period. On April 30, 2018, the Court overruled...

Excerpt: ...ories of liability are grounded in Defendant City of Long Beach's failure to adequately paint the curb so as to warn of a difference in pavement elevation. On March 21, 2019, this court held that Defendant Long Beach Transit (“LBT”) had an immediate duty to defend Defendant City of Long Beach (“City”) and is required to indemnify City if the latter is found liable and costs have been determined. Based on the foregoing, the court does not ...

Excerpt: ...nt AH Engineering Group (“AHE”) to perform work on vacant property in preparation for building a house. AHE was to remove and re-compact soil, perform methane mitigation and “create a foundation.” SGV was allegedly sub- contracted to perform the work on the foundation. In September, 2018 Plaintiff terminated AHE and both AHE and SGV ceased work. Both defendant recorded mechanic's liens. SVG's lien was recorded on October 10, 2018. Plainti...

Excerpt: ...ach of the Warranty of Habitability 3. Nuisance 5. Negligent Infliction of Emotional Distress 6. Unfair Business Practices 7. Negligence Per Se Plaintiffs seek to renew these causes of action and entirely new theories for breach of contract, premises liability and retaliatory eviction. Plaintiffs would also insert a prayer for punitive damages. Plaintiff's motion disingenuously refers to the court's “concerns” expressed at the hearing. The co...

Excerpt: ...charged against Dorma) ALLEGATIONS Plaintiff is a Nurse Anesthetist employed by Kaiser. On April 14, 2016 he responded to a “Code Pink” (neonatal resuscitation emergency). That is a time-sensitive emergency and Plaintiff proceeded with “cautious urgency” to respond. This required negotiating a door with an electronic sensor, which the court infers is to restrict access to authorized personnel only. Plaintiff swiped his access card on door...

Excerpt: ... CCP §1014: “A defendant appears in an action when the defendant answers, demurs, files a notice of motion to strike, files a notice of motion to transfer pursuant to Section 396b, moves for reclassification pursuant to Section 403.040, gives the plaintiff written notice of appearance, or when an attorney gives notice of appearance for the defendant. After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequ...

Excerpt: ...y. Plaintiff moves to compel further responses to items 1, 15, 21, and 22 in its 1 st Set of Special Interrogatories. Plaintiff also requests the imposition of $2,135 in monetary sanctions against Defendant and its attorney, jointly and severally. Defendant opposes and requests $3,375 in monetary sanctions against Plaintiff and its law firm jointly and severally. Plaintiff also requests the imposition of $3,795 in monetary sanctions against Defen...

Excerpt: ...o an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist f...

Excerpt: ...motion for Summary Judgment because it does not address all of the causes of action. A Motion for Summary Judgment must completely dispose of an entire pleading if it is to prevail. This is a motion for Summary Adjudication only. The issue identified for Summary Adjudication is LBT's alleged duty to defend and indemnify City in this action based on a Right of Entry Permit between the parties and Civil Code §2778. City does not identify the cause...

Excerpt: ...(1).) "A defendant meets this burden by demonstrating that the act underlying the plaintiff's cause fits one of the categories spelled out in section 425.16, subdivision (e)" (Braun v. Chronicle Publishing Co. (1997) 52 Cal.App.4th 1036, 1043 [61 Cal. Rptr. 2d 58]). If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. (§ 425.16, s...

Excerpt: ...of the moving Defendants are charged with fraud or Negligent Misrepresentation. Only Auclair is charged in the 5 th cause of action. 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 judgment. CRC 3.1350(b) in relevant part: “If summary adjudication is sought, whether separately or as an alternative to the motion for sum...

Excerpt: ...n Trade 11. Breach of Contract 12. Unruh Act 13. 42 USC 1983 14. Unclear what theory if 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...

Excerpt: ...the requests for monetary sanctions are excessive. Each motion requests $2,172.50. The court will take argument on the amount of sanctions, but tends to agree that there is some duplication – each seeks the same 2.5 hours for the one hearing. Moreover, the claimed hourly rate of $475 hour appears excessive for this type of basic motion. The court is inclined to reduce the total claimed. The motion will be granted and further responses will be d...

Excerpt: ...ify Beta under an express provision. <015d01760003019a015a01 01760003018901b5018cLsuant to the authority of Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4 th, 541, 558. 4. SCSS has an immediate duty to indemnify Beta in this action pursuant to the authority of Crawford v. Weather Shield Mfg., Inc. (2008) 44 Cal.4 th, 541, 558. 5. Beta is entitled to a declaration in its favor that SCSS owes a duty to defend and indemnify Beta. ALLEGATIONS ...

Excerpt: ...ttach it to the 2 nd Amended Complaint filed on November 26, 2018. The court assumes it would be the same exhibit. Section 2 of the lease contained an option to extend the lease for an additional five year term. Paragraph 39 of the lease (“other terms and conditions”) is alleged to reference an “Option Agreement (C.A.R. form OA)” but Plaintiff denies any separate option agreement was presented to it, and the reference is a mistake by whoe...