Excerpt: ...ns, including schizoaffective disorder. She is alleged to have been a dependent adult. The case is primarily for dependent adult abuse and neglect. A Doe employee (Doe 41) is alleged to have battered and verbally abused plaintiff and held her against her will in a room which was not her own. In the discovery at issue “facility” refers to Care Center. Defendant served supplemental responses to these requests. Plaintiff has properly included bo...

Excerpt: ...iated allegations. ALLEGATIONS The incident giving rise to this litigation took place on July 21, 2018 at McDonald's Store #640 (Voluntarily dismissed as a Defendant). Plaintiff alleges she was a guest or patron of the restaurant, and she was “sitting and using her mobile phone and not disturbing or disrupting traffic or the path of pedestrians.” (Paragraph 16) Top Watch was retained by McDonalds to provide security personnel. The court infer...

Excerpt: ...2. Accounting ALLEGATIONS Defendant Matrix allegedly provides “construction and demolition related services.” Plaintiff was hired as Executive Vice-President of Matrix in September 2016 to “lead the expansion of MEI's demolition business through Pate's investment in and partnership with MEI on demolition projects secured as a result of Pate's efforts.” While the forgoing is unclear as to Plaintiff's capacity with Matrix, Plaintiff appears...

Excerpt: ...of the notice and the response or non-response. Pared to these essentials, Defendant requested dates for September 2019. The court is presented with exhibit after exhibit with e-mails discussing both missing verifications and potential dates for September. The same attachments are on every exhibit. The court appreciates that counsel made serious efforts to meet and confer before noticing the deposition but Exhibits A – E are mostly wasted space...

Excerpt: ...buse in the 3rd amended Complaint of Plaintiffs Velma McElroy et al. Defendant concurrently moves to strike portions of the complaint seeking emotional distress damages and attorney fees. ALLEGATIONS Plaintiff's decedent, Bessie McElroy, was an “elder” within the meaning of the Welfare & Institutions Code. She was a resident of Seacrest Convalescent Hospital identified in the complaint as “providing long-term care as a 24-hour health facili...

Excerpt: ...ice Wolf move for summary judgment on Plaintiff Asge Berhane's complaint. 1. Wrongful termination in Violation of Public Policy 2. Retaliatory Discharge 3. Violation of Cal. Family Rights Act 4. Int. Infliction of Emotional Distress (“IIED”) 5. Negligence 6. Discrimination/Race 7. Discrimination/Gender 8. Discrimination/Nat'l Origin 9. Discrimination/Disability 10. Retaliation 11. Discrimination/Age 12. Failure to Prevent Discrimination Alter...

Excerpt: ...s ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the court's electronic filing service provider, and concurrently providing the party's electronic address with ...

Excerpt: ...tries, Inc. and Ogie Banks oppose any bifurcation. CCP §598: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial dat...

Excerpt: ...arily in product defect theories. Lear, a Delaware Corporation, with its principal place of business in Southfield, Michigan, designs and manufactures “seats and seating systems for motor vehicle manufactures.” Then Lear “sells it seats to motor-vehicle manufactures”. In the present case, Lear manufactured and sold seats to General Motors, which later were incorporated by General Motors into a vehicle plaintiff was riding in. JUDICIAL NOT...

Excerpt: ...ke, individually, on July 13, 2018. Default was entered against Hitzke & Associates on September 25, 2018. No judgment has been entered to date against any Defendant. This motion was filed on September 19, 2019. NATURE OF THE CASE Briefly, Plaintiff alleges Defendants represented her in a workers' compensation proceeding. The case settled. Hitzke advised Plaintiff that she was required to place about $47,000 of a $98,000 settlement into a “Medi...

Excerpt: ...9. Failure to Pay Overtime Compensation ALLEGATIONS The demurrer is based on federal preemption and uncertainty. Hence the specific allegations need not be detailed. All causes of action arise from alleged violation of the California Labor Code and California Wage Order 9 (the alleged Unfair Business Practices concern policies in violation of the Labor Code). Plaintiff was employed as a truck driver by Defendants. DISCUSSION The primary ground fo...

Excerpt: ...plaint against him or her before or at the same time as the answer to the complaint or cross-complaint. (b) Any other cross-complaint may be filed at any time before the court has set a date for trial. (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.” DISCUSSION Def...

Excerpt: ...sts monetary sanctions of $4,095 against Eric Reynoso and his attorney jointly and severally. DISCUSSION According to the declaration of J. Nicholas Anwandter both sets of discovery were served by mail on July 12, 2018. He granted an extension for responses to August 23, 2018. He later gave an additional extension to August 24, 2018 and received response that day. Plaintiff asserts that the parties agreed to suspend all discovery motion deadlines...

Excerpt: ...ormed several companies during their marriage. They received income of over $1,000,000 per year from “oil well sales” which was put back into the company for purchasing equipment and funding projects. Plaintiff alleges defendant converted community property assets by transferring the assets into a trust, then transferred real property to third parties, who are also defendants. On January 13, 2016, Alfred, in his capacity as Trustee of the Alf...

Excerpt: ...laint is full of surplussage and boilerplate, obscuring somewhat the facts within. There is absolutely no need for general allegations about the HAMP program, and Plaintiff's status as a veteran is irrelevant. The complaint is not a model of clarity. The material operative facts are that on December 13, 2014 Plaintiff “financed the real property” at 360 Obispo Ave. #8 in Long Beach. The loan was secured by a deed of trust (“DOT”) and MERS...

Excerpt: ...ul Death On February 15 Defendant filed notice that it had not received an opposition (which was due on February 11). As of February 20, 2019 the court has no record that an opposition has been filed. CCP §472 states that a complaint may be amended without leave of court after a demurrer has been filed, but no later than the date the opposition is due. After an opposition is due, the amended complaint may only be filed on stipulation of the part...

Excerpt: ...iefly, Plaintiff moved to the Los Angeles area from New York and leased a 3 bedroom apartment in Torrance from Defendant. She alleges many deficiencies with the property were present when she moved in. The most serious of these were non-functional heating and ACX, an inoperative stove, an insect infestation, water leaks and unspecified problems with electrical wiring. Defendants allegedly failed to cure some of these problems during her tenancy. ...

Excerpt: ...00 > 1. dependent adult abuse/neglect (against Community) 2. negligence (all defendants) 3. dependent adult abuse/financial (patient dumping against Community and Ali) 4. dependent adult abuse/financial (patient dumping against NGA) 5. dependent adult abuse/financial (wrongful advantage against all defendants) Defendant physician, Visal Nga, D.O.(“Nga”) demurs to the Fourth and Fifth causes of action of <01900003019a015a010201 018c011e000301b...

Excerpt: ... there is but a single cause of action against a defendant, there would be no need for an alternative summary adjudication. And indeed there is no such need. The “issues” are simply different reasons why Cognizant believes the lone cause of action has no merit. The court mentions this because of the case's history. In July, 2018 Cognizant brought an extensive motion for summary judgment/adjudication. Cognizant prevailed on all claims except f...

Excerpt: ...y of others. [¶] (2) ‘Oppression' means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. [¶] (3) ‘Fraud' means an <0110011e0102016f017501 000301750102019a011eLrial fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of <0003015d0176016901b501 8c01c70358L <012803550003015d019000 011e0003015a011e018cLe. “In determi...

Excerpt: ...rm 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. Plaintiff disputes the amount of SGV's lien. The...

Excerpt: ...el. At his initial request for available dates in mid-July he was told Plaintiffs were unavailable from mid-August through September 14, 2019. On September 19, 2019, he sent an e-mail requesting dates, and Plaintiff's counsel indicated he (counsel) was unavailable until after October 10. After another meet and confer effort, Plaintiff's counsel indicated November 6 would work. (Exhibit A) Defendant served notices of deposition on October 24 for t...

Excerpt: ...ve Defense Defendant's third affirmative defense is that Decedent's own negligence was the sole or a <015a011e00030128010201 e precautions for his own safety. Defendant answered with an unqualified admission to Plaintiff's Request for admission No. 52, which requested that Defendant admit that it was “aware of no facts which [Defendant] contend[s] support the allegations of [its] third affirmative defense alleging that the Plaintiff's negligenc...

Excerpt: ...ity since 2015 in room 405 C. Many allegations are not material to a claim. He alleges he visits wife 6 days a week for 2 ½ hours per day. “They play checkers and go for a walk through the facility.” On 1/19/18 Plaintiff was visiting wife when a charge nurse and social worker came to the door, and told Plaintiff that his wife had been seen eating soap. Plaintiff responded that the accusation was “ridiculous” and the social worker said to...

Excerpt: ... of Quiet Enjoyment 5. Negligent Infliction of Emotional Distress 6. Unfair Business Practices 7. Negligence Per Se Defendants have concurrently filed a separate Motion to Strike Portions of Plaintiffs' Amended Complaint. ALLEGATIONS The complaint chronologically details the occurrences giving rise to this complaint, from Plaintiffs' move-in to their eviction. On or about March 22, 2013, Plaintiffs entered into a lease agreement with Defendant E&...