Excerpt: ...oes not reside at the location where it was served. On 6/22/21, the Court granted Plaintiff's motion for leave to amend the complaint to name Defendant, Weber Distribution, LLC. 2. Matters on Calendar Today The parties have competing motions on calendar today. Plaintiffs moves to quash a subpoena issued by Defendant, and Defendant moves to compel compliance with the subpoena. Additionally, Defendant moves for terminating sanctions and/or issue/ev...

Excerpt: ...ed Complaint (“FAC”) against Fortino, CNR (collectively, “Defendants”), and Does 1-10 for (1) declaratory relief, (2) accounting, (3) conversion; and (4) involuntary dissolution. Plaintiffs allege that Belmont purchased a 65% interest in CNR (“65% Interest”) at a bankruptcy auction of the assets of Full House Enterprises, Inc. (“Full House”) on May 2, 2017. Defendant Fortino also bid on the 65% Interest in CNR but was outbid by Be...

Excerpt: ...rmance. Plaintiffs filed their complaint on 10/28/19. The crux of the complaint is that Plaintiffs and Defendants are owners of units in Defendant 1800 East Ocean condominium complex, but because Plaintiffs have serious concerns about the state of the building, they wish to sell the building to a developer. 2. Motion to Enforce Settlement Agreement a. Parties' Positions In March of 2020, the parties entered into a settlement agreement. The settle...

Excerpt: ...of his children, Mejia, convinced him to change title into her name with the promise that she would annul the document once he was released. Plaintiff alleges he owned the subject property with Valderrama, who is the mother of Mejia. Plaintiff alleges he signed a quitclaim deed on 5/14/18, pursuant to which Mejia and Valderrama became the owners of the property. He alleges he was released in June of 2018, but Mejia denied him access to his home u...

Excerpt: ...usations. Plaintiff's operative complaint is her First Amended Complaint, which she filed on 6/13/22. There are two cross-complaints in this action. The cross-complaint at issue today was filed by Portley, and is against Hitchens, Robinson, McCoy, and Windward Village Homeowners Association. The crux of the cross-complaint is that the individual cross-defendants, all of whom were members of the HOA board, accused Portley of theft, fraud, and othe...

Excerpt: ... $1,750,000 on dates certain. ¶2 of the parties' agreement sets forth the payment schedule. It requires a $200,000 payment by 8/15/22, another $200,000 payment within sixty days thereafter, and $56,250 payments ever month thereafter. The parties' agreement, at ¶5, contains language stating, “In the event that Pate has not timely received a payment…notice of non-payment must be sent to Matrix's counsel, John Stephens, via e- mail…No paymen...

Excerpt: ...ontracts had different payment periods and payment rates, but were substantially similar, and contained attorneys' fees and costs provisions. Plaintiff alleges Defendants breached both contract. Plaintiff alleges Defendants breached Contract One and owe $8248 plus late fees, costs, and attorneys' fees. Plaintiff alleges Defendants breached Contract Two and owe $86,610 plus late fees, costs, and attorneys' fees. On 2/09/22, Plaintiff filed a Notic...

Excerpt: ... and seeks $20 million in damages. The allegations are not clear, but it appears Plaintiff is alleging Defendants improperly hired Dexter Barnes as an inmate supervisor. 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 tru...

Excerpt: ...ial council form complaint, and does not contain any substantive cause of action. Plaintiff indicates he is suing for civil rights violations, and seeks $30 million in damages. The allegations are not clear, but it appears Plaintiff is alleging he was paroled in 2004, and subsequent to that time, Defendants have been illegally conducting surveillance on him. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal...

Excerpt: ... 2. Motions to Compel Further Responses a. Procedural History of Motions Plaintiffs have motions to compel further responses to RPDs, set two, RPDs, set three, and SROGs, set two on calendar today. The Court previously continued the hearing on the motions and ordered the parties to further meet and confer and to file a joint statement of items remaining in dispute prior to the continued hearing date. Because one attorney uses Word and the other u...

Excerpt: ...ed Complaint includes causes of action for Breach of Statutory Building Codes and Ordinances, Trespass on Real Property, Trespass on Real Property, Negligence, Invasion of Privacy, and Quiet Title. Plaintiffs' FAC includes a prayer for punitive damages, which they seek in connection with their first (statute) and fifth (privacy) causes of action. On 4/19/22, the Court heard and granted Plaintiffs' motion for leave to amend. Plaintiffs were permit...

Excerpt: ...of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. Motion for Leave to File First Amended Complaint a. Parties' Positions Plaintiffs seek leave to file a First Amended Complaint, in which they propose to add a cause of action for violation of Penal Code §496. They co...

Excerpt: ...ve trust, unjust enrichment, aiding and abetting, accounting, and financial elder abuse. Only the declaratory relief, breach of contract, and aiding and abetting causes of action are pled against Castro. The crux of the complaint is that his son, daughter-in-law, and former attorney (for Plaintiff, not Defendants) colluded to defraud him out of life investments in real property in the amount of $12 million. 2. Motion to Transfer Venue a. Procedur...

Excerpt: ..., Hanger, Inc., Hanger Prosthetics & Orthotics West, Inc., and Hanger Prosthetics & Orthotics, Inc. for negligence, breach of the implied warranty of merchantability, breach of the implied warranty of fitness, and negligence – strict products liability. Plaintiff alleges that he is diabetic and purchased shoes designed, manufactured, distributed, and/or sold by Defendants. He alleges he suffered blisters caused by the shoes, and the blisters ca...

Excerpt: ...se of action is asserted against all of the defendants. Naxt and Gao have a cross-complaint pending against Yu. 2. Motion to Compel Deposition Defendants, Naxt Motors, Inc. and Xinxian Gao (collectively “Naxt”) move to compel Yu's deposition. Defendants move to compel pursuant to CCP §2025.450. Specifically, they contend they served a proper notice of deposition on Yu, Yu failed to appear, and Yu failed to provide alternative dates for depos...

Excerpt: ...otice: OK 1. Background Facts Plaintiff, Victoria Rosales filed this action against Defendants, Solomon Laktineh, M.D. and Solomon Laktineh, M.D., a medical corporation for sexual harassment and related claims on 1/13/22. Defendants answered the complaint on 2/22/22. 2. Motion to Compel Further Responses a. Procedural History On 7/21/22, Plaintiff filed this motion to compel further responses. Plaintiff provided a separate statement showing that ...

Excerpt: ...cts Plaintiff, Frederick Randolph filed this action against Defendants, Stacy John Sanchez, et al. on 3/05/22. The case was originally assigned to Department S26, but the Court granted a 170.6 challenge on 3/28/22, and the case was reassigned to Department S27. In April and May, Plaintiff filed proof of service of the summons and complaint on all defendants except Carlos Nicholas Iriarte, Esq. On 6/10/22, all defendants except Iriarte filed a joi...

Excerpt: ...d Facts Plaintiff, Adeyanju Ajetunmobi filed 22LBCV00162 against Defendant, Wawanesa General Insurance Company for bad faith, fraud, and related claims. Plaintiff filed the action on 4/08/22. Plaintiff's allegation is that he was involved in an automobile accident with an underinsured motorist, made a claim with Wawanesa, and was subject to a bad faith failure to investigate and pay on the part of Wawanesa. Plaintiff and Wawanesa have ongoing arb...

Excerpt: ...: OK 1. Background Facts Plaintiffs, Deborah, Heather, and Glenn Kern filed this action against Defendants, Hotel Maya, Doubletree by Hilton, Hilton Worldwide Holdings, Inc., City of Long Beach, County of Los Angeles, and the State of California for damages arising out of a fall that rendered Plaintiff a quadriplegic. Plaintiffs have dismissed Hilton Worldwide Holdings, Inc., Hotel Maya, and Doubletree by Hilton. Plaintiffs added Greentech Landsc...

Excerpt: ...e and has taken steps to interfere with the sale of the property. 2. Matters on Calendar Today There are five matters on calendar today: The matters are:  DeBose's motion to dismiss;  DeBose's demurrer and motion to strike;  Smith's demurrer and motion to strike;  Smith and DeBose's motion to continue case management conference;  Case management conference. 3. Motion to Dismiss DeBose filed a motion to dismiss. The motion is entitl...

Excerpt: ...mplaint a. Parties' Positions Plaintiff seeks leave to file a supplemental complaint. He contends a cause of action for foreclosure of mechanic's lien is necessary, as Plaintiff recorded a mechanic's lien on 6/23/22 and served Defendant with the lien on 6/11/22. Defendant opposes the motion. He argues the mechanic's lien was not timely recorded, and therefore a cause of action to foreclose on any such lien is fatally defective and the defect coul...

Excerpt: ...rock Butler, Eliza B. Cruz Herrera, Bonita Express, Inc., Fortia Enterprises, Inc., Meraki C.J. Group, LLC, Empire JS Logistics, LLC, Elosa Logistics Corp., JT Truck & Equipment Sales, Inc., Unstoppable Empire, Inc., Roadrunner Truck Sales, Inc., H.E.R. Trucking, Inc., Huntington National Bank, U.S. Bank National Association, Banner Bank, Continental Bank, Paccar Financial Corp., Steve Gordon, and the State of California Department of Motor Vehic...

Excerpt: ...h of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. On 5/03/22, the Court heard and sustained a demurrer to the fraud-based causes of action. On 5/10/22, Cross-Complainant filed the operative FACC, which includes causes of action for breach of fiduciary duty, fraudulent...

Excerpt: ...nd evaluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not ha...

Excerpt: ...ich it was received; Plaintiff paid its insured just over $400K as a result of Defendants' alleged negligence. 2. Application for Determination of Good Faith Settlement a. Terms of Settlement Orange Courier agreed to settle all claims with Plaintiff for the total amount of $250,000, which is the limit on its insurance policy. b. Opposition to Application On 8/03/22, Global Alternative Services filed an opposition to the application. It contends i...

Excerpt: ...icense with the CA Contractor's License Board. Suretec answered the complaint and filed a cross-complaint-in-interpleader. It Suretec's cross- complaint, it alleges various individuals, including Plaintiff, Robert Byron Sheffield, Martha R. Sorto Ardon, Patricia Rodriguez, Yaneli Chung, and Berenice Guerrero, have all made claims on Suretec's B&A bond. Suretec alleges its maximum liability on the bond is $15,000, and seeks, by way of the cross- c...

Excerpt: ...complaint on Defendants. On 6/27/22, the Clerk, at Plaintiffs' request, entered Defendants' defaults. On 7/01/22, Defendants filed this motion. On 7/06/22, the Court held a CMC; the Court rescheduled the hearing on Defendants' motion to vacate default to 9/13/22. Defendant gave notice of the new hearing date the next day. 2. Motion to Vacate Default a. Relief Sought Defendants seek an order vacating their defaults. Defendants contend there were o...

Excerpt: ... would be divided into a one time payment made via personal check for $260.00 on January 25, 2018, monthly payments via personal check for $260.00 beginning February 25, 2018, and a final payment made via personal check for $227.04 on January 25, 2027; (3) terms regarding default in which judgment would be entered in favor of Plaintiff and against Defendant; and (4) a waiver of right to trial or further contest on behalf of Defendant. The Court n...

Excerpt: ...bbing and massaging manner. Plaintiff further alleges that, as a result of this sexually offensive contact, she was frozen in fear, panic, and shame. Plaintiff presents that this touch occurred on an almost daily basis when she would go to Defendant's home to do her homework. On September 29, 2021, Plaintiff filed her Complaint, alleging two causes of action for: (1) Sexual Battery, and (2) Intentional Infliction of Emotional Distress (“IIED”...

Excerpt: ...use Plaintiff did not have the credit rating necessary to purchase the property in his own name. In 2000, Mayorga wanted to divest himself of the property, and transferred his interest to Defendant. Plaintiff alleges he has lived in the property at all times since the purchase, and has made all mortgage, property tax, and insurance payments, in addition to paying all utilities, maintenance, and repair costs on the property. Plaintiff alleges Defe...

Excerpt: ...signed, manufactured, distributed, and/or sold by Defendants. He alleges he suffered blisters caused by the shoes, and the blisters caused medical staff to remove the tip of his big toe as well as substantial amounts of damaged skin, which has left huge gashes on his feet. 2. Motion for Summary Judgment a. Relief Sought Defendant, Hanger Prosthetics & Orthotics West, Inc. dba Hanger Clinic (hereafter “Hanger”) moves for summary judgment on Pl...

Excerpt: ...n Plaintiff negligently, causing Plaintiff chronic and permanent pain. On January 14, 2022, Plaintiff filed his Complaint, alleging one cause of action for Medical Malpractice against Dr. Kohanoff and Defendant Lancaster Advanced Dental, Inc. (collectively “Defendants”). On February 16, 2022, Defendants filed their Answer. On April 14, 2022, Defendants filed the following motions: (1) Defendant Sharona Kohanoff, DDS,'s Motion for Order Establ...

Excerpt: ...es the law firm and individual attorney as defendants, and then names “Celebrity #1-#11” and “John and Jan Does” as defendants. It includes causes of action for right to privacy, emotional distress, mail fraud, conspiracy, and related claims. 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 f...

Excerpt: ...to strike on 7/01/22. 2. Demurrer to 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 assumed to be true, h...

Excerpt: ...inal complaint on 11/02/21, but filed their operative FAC on 11/23/21, prior to Defendant making an appearance in the action. On 5/13/22, the Court overruled Defendant's demurrer, which was made on the ground that Plaintiffs improperly joined one another in the action. On 6/10/22, Defendant filed a cross-complaint against all eleven plaintiffs. The cross-complaint includes causes of action for restitution/unjust enrichment (commercial claims), re...

Excerpt: ...er 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 under attack; or from m...

Excerpt: ...sations. Plaintiff's operative complaint is her First Amended Complaint, which she filed on 6/13/22. 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 demu...

Excerpt: ...ntiff has added numerous defendants as doe defendants in this action, including R&H Automotive Group, Inc., HTL Automotive, Inc., and HNL Automotive, Inc. On 7/01/22, Defendant Hooman filed the instant motion for relief from waiver of jury trial pursuant to CCP § 631. 2. Motion for Relief from Waiver of Jury Trial a. Legal Standard A party may waive a jury trial in a number of ways under CCP § 631(f), including “(5) By failing to timely pay t...

Excerpt: ...and Plaintiffs' attorney for their failure to justify the cancellations of Defendant's deposition, which Plaintiffs and Plaintiffs' attorney had noticed. / / / / / / / / / 2. Deposition Sanctions a. Legal Standard “If the party giving notice of a deposition fails to attend or proceed with it, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both,...

Excerpt: ...including Greentech Landscape (“GTL”) and the City of Long Beach (the “City”). The matter arises from Deborah's trip and fall on an uneven surface in front of Hotel Maya (the “Hotel”). Plaintiffs allege that defendants failed to warn of the dangerous condition on the premises, where the landscape's edging (“bender board”) was protruding from the grass. GTL moves the Court for summary judgment, or, in the alternative, summary adjud...

Excerpt: ...r of solar panels. Defendants Constra, Inc. and Bhupendra Singhal are owners of the real property located upon 2540 Cerritos Avenue in Signal Hill, California (“Subject Property”). On or about June 19, 2019, Plaintiff entered into a contract with Defendants Constra, Inc. and Bhupendra Singhal for the installation of solar panels upon the Subject Property. Plaintiff alleges, while the solar panels have been fully installed and the work contemp...

Excerpt: ...intiffs Ashley Heard and Jason Heard filed a Motion to Compel the Deposition of Defendant Neutron Holdings, Inc. dba Lime's Party-Affiliated Witness, Anthony Maldonado. On August 10, 2022, Defendant Neutron Holdings, Inc. dba Lime filed an opposition to Plaintiffs' Motion to Compel. On August 15, 2022, Plaintiffs filed a reply to Defendant's opposition. 2. Motion to Compel Deposition of Defendant Neutron Holdings Inc. dba Lime's Party‐ Affiliat...

Excerpt: ...$900,000.00. Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative First Amended Complaint (“FAC”) on 3/2/22, asserting causes of action for: 1. Breach of Contract 2. Fraud 2. Meet and Confer Defendant's counsel declares that he sent Plaintiff's counsel a meet and c...

Excerpt: ...public in violation of Carson Municipal Code §4201 that, if proved, would constitute reasonable cause to believe each of the Plaintiffs had committed a crime in Deputy Billoup's presence?” The jury answered yes to the question, and therefore the Court entered a defense verdict. Plaintiffs appealed. The issue on appeal was (a) whether §4201 was valid in light of Penal Code §647(f), (b) whether the special verdict form and related jury instruc...

Excerpt: ...heir deficiency. 2. Motion for Attorneys' Fees a. Procedural History Plaintiff filed the complaint on 10/25/21. Defendants filed a motion to quash and demurrer on 12/06/21; after ex parte proceedings to expedite the hearing, the Court granted the motion to quash in part and denied it in part on 2/01/22, and overruled the demurrer. On 2/14/22, the individual defendants filed a demurrer to the complaint; after ex parte proceedings to expedite the h...

Excerpt: ...amage, and ongoing emotional distress as a result of the bed bug bites. Plaintiff's complaint includes causes of action for: · Breach of the Implied Warranty of Habitability; · Battery; · Negligence (Premises Liability/Failure to Warn); · Nuisance; · IIED; · NIED; · Breach of Contract; · Breach of Covenant of Quiet Enjoyment; · Fraudulent Concealment. 2. Demurrer a. Initial Note This case was originally assigned to the personal injury hu...

Excerpt: ...the premises. Plaintiff filed its original complaint on 10/28/21 and its operative FAC on 4/22/22. The FAC includes causes of action for negligence and intentional misconduct, and includes a prayer for punitive damages. 2. Motion to Strike a. Parties' Positions Defendant moves to strike the prayer for punitive damages and related allegations. It argues there are no facts showing fraud, malice, or oppression. It argues that, even if there are such...

Excerpt: ... Complaint, which was filed on 10/08/20. It includes causes of action for negligence and negligence per se – wrongful death, survival, products liability (strict), and products liability (negligence). 2. Motion for Summary Judgment a. Parties' Positions Brinderson moves for summary judgment, contending it is entitled to judgment as a matter of law because (a) Plaintiffs have served factually devoid discovery responses as to it, and (b) it was n...

Excerpt: ...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 improbable they may be. A demurrer can b...

Excerpt: ...ntained common area pipe. The use of the faucet coupled with the faulty pipe caused water to flood into the walls and interior of Plaintiffs' unit. Thereafter, the Association hired 911 Restoration to perform water mitigation and dry out Plaintiffs' unit. Plaintiffs allege 911 failed to test for asbestos and lead, which caused asbestos and lead to get all over Plaintiffs' unit, their furniture, and their personal belongings. Plaintiffs filed thei...

Excerpt: ...umping station was inoperative for 1.5 hours. During that time, the water surged into the building, causing serious damage. Plaintiffs' operative complaint is their FAC, filed on 7/15/20. The complaint includes cases of action for negligence, premises liability, inverse condemnation, public nuisance, private nuisance, trespass, and violation of PUC §2106. 2. Motion for Summary Judgment a. Parties' Positions SCE moves for summary judgment, conten...

Excerpt: ...es not reside at the location where it was served. On 6/22/21, the Court granted Plaintiff's motion for leave to amend the complaint to name Defendant, Weber Distribution, LLC. 2. Motion to Compel IME a. Parties' Positions Defendant moves to compel Plaintiff to sit for a mental examination, contending his claimed emotional distress entitles Defendant to such examination. Plaintiff opposes the motion. He concedes an examination is proper and neces...

Excerpt: ..., and costs of suit. Defendant filed an answer to the complaint on 12/13/21; the answer consists of a general denial and seven affirmative defenses. 2. Motion for Summary Judgment a. Burdens 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).) Where a defendant s...

Excerpt: ... Defendant served the moving documents by email the same day. 5/19/22 was 77 days prior to 8/04/22, and therefore the motion was timely filed. Defendant filed the unredacted Declaration of Kristen Dudley-McLemore in support of the motion on 5/25/22, which was only 71 days prior to the hearing (the redacted version was filed and served with the moving papers). The declaration was filed with no proof of service; Plaintiff, in opposition to the moti...

Excerpt: ... medical ailments. In 2016, he became a resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign papers....

Excerpt: ...erest. Pursuant to CCP §377.31, “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” CCP §377.32 sets forth the requirements for substitution as follows: “(a) The person who seeks to commence an action or proceeding or to continue ...

Excerpt: ...s are in breach of the parties' commercial tenancy agreement, have been given proper notice of the breaches, and have failed to timely cure the breaches. b. Opposition As of the drafting of this tentative ruling, the Court has not received opposition to the motion. Defendants may file written opposition up to 8/01/22, and may present oral opposition to the motion at the time of the hearing, with or without written opposition. CRC 3.1351(b), (c). ...

Excerpt: ...” for ILWU Local 63B, and Plaintiff was interested in obtaining the card. Plaintiff asked Defendant for the card, and the parties agreed that Plaintiff would buy Defendant a business class ticket to fly from Croatia to LA and Defendant would give Plaintiff the card in return. Plaintiff purchased the ticket using her frequent flyer miles. Plaintiff alleges Defendant spoke with the union president on 9/02/14 to change the designee on the card. Th...

Excerpt: ...ds Defendant pay past-due rent from 11/01/18 to 3/01/22 in the total amount of $227,099.98. The three-day notice to perform or quit demands Defendant remove all weed and debris, repair and replace all broken wall coverings, repair and replace all windows, replace the defective and deteriorating roof covering, and remove all graffiti. 2. Motion for Summary Judgment/Adjudication a. Relief Sought Defendant moves for summary judgment on the complaint...

Excerpt: ...ent regarding the incident. Plaintiff's complaint includes causes of action for: · Battery; · Negligence; · IIED; · Fraudulent Concealment; · Private Nuisance; · Public Nuisance. 2. Demurrer a. Meet and Confer Defendant submits the Declaration of Danielle Ebel, which adequately shows Counsel attempted to meet and confer prior to bringing this demurrer. b. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency...

Excerpt: ...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 under attack; or from matters outside the pleading that are ju...

Excerpt: ...eading. 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). No othe...

Excerpt: ...d as Breach of Contract in body of FAC) (NHG v. PBD); · Breach of Contract (Rivera v. Haxton, PBD nominal); · Breach of Fiduciary Duty (Rivera v. Haxton, PBD nominal); · Fraud and Aiding and Abetting Fraud (Rivera v. Haxton, PBD nominal); · Violation of Labor Code §§1194 and 558.1 (Rivera v. Haxton and PBD); · Violation of Labor Code §§226 and 558.1 (Rivera v. Haxton and PBD); · Violation of Labor Code §§201-203 and 558.1 (Rivera v. H...

Excerpt: ...performing electrical work on an electrical transformer outside the Valero refinery in Wilmington, California. Plaintiffs assert four causes of action: (1) Negligence (under general and per se theories), (2) survival action pursuant to Code of Civil Procedure section 377.70, (3) Strict Products Liability, (4) Negligent Products Liability. Defendant Aggreko LLC (“Aggreko”) filed the instant motion for summary judgment or, in the alternative, s...

Excerpt: ...ed the agreements in a series of ways, including diverting funds to other accounts. On May 19, 2021, Plaintiff propounded RFAs on Defendant, Francisco Piche Morales (“Morales”). On October 28, 2021, the Court granted Plaintiff's motion to deem the RFAs admitted, finding Plaintiff adequately showed Defendant Morales had failed to timely respond to the RFAs and had failed to oppose the motion. On June 16, 2022, the Court granted Defendant Moral...

Excerpt: ... his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Undertaking a. Parties' Positions Rovar moves to require Plaintiffs, Ofelia Mariela Nappi and Leslie Miranda (hereafter “Plaintiffs”) to post bond, pursuant to CCP §1030, if they wish to continue to pursue this litigation. Rovar contends Plaintiffs live out of state, and there is a reasonable possibility it will pr...

Excerpt: ... October 25, 2021, Plaintiff dismissed the City. On January 25, 2022, Plaintiff filed its Second Amended Complaint (“SAC”). On May 2, 2022, Griffith (hereinafter referred to as “Defendant”) following the Parties' mutual agreement to extend the deadline to file responsive pleadings until May 4, 2022, filed a declaration to request to extend time to file responsive pleadings pursuant to Code of Civil Procedure section 430.41. Defendant now ...

Excerpt: ... porch and egress door with non-complying steps. Plaintiff served Defendant with a sixty- day notice to quit, but Defendant has not vacated the premises or removed her mobile home. 2. Motion for a Protective Order Plaintiff moves for a protective order. Notably, Plaintiff's notice of motion does not identify the nature of the protective order sought. CRC 3.1110(a) requires a notice of motion to state the nature of the order being sought and the g...

Excerpt: ...nction; (2) quiet title; (3) elder abuse; and (4) declaratory relief. Defendants are Plaintiff's children, Patrick Chim and Chantha Chim, and their respective spouses, Maria I. Haban and Mekphachanh Chanthaphasouk. Plaintiff alleges her eldest son, Patrick, convinced her to sign over title to him in 2007. She and her husband had divorced, and Patrick convinced her it was in her best interest to sign the title over to him. Because he was the eldes...

Excerpt: ...d McKenna, on behalf of the First Mexican Baptist Church, which owns Lot 12, signs a covenant granting access to Lot 12, with 22 parking spaces, to the owner of Lots 3, 4, and 5 (which at the time was G&R Enterprises, Inc. (“G&R”). · 1962 – Lots 3, 4, and 5 are expanded to 12,000 sq foot, and the permit requires 22 parking spaces for the expansion. · 2/14/1967 – the Church files suit against G&R, related entities, and the City for quiet...

Excerpt: ...s Advantage · Violation of the CLRA · Violation of the Elder Abuse and Dependent Adult Civil Protection Act · Fraud · Money Had and Received Plaintiffs' complaint was premised on the resolution of Plaintiffs' prior civil action, BC606992, which resulted in a settlement in Plaintiffs' favor in the amount of $45,000 (Maria) and $5000 (Mario). The settlement checks were issued to Plaintiffs' law firm and lawyers, because CMS and CHLB had liens r...

Excerpt: ...aluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not have an...

Excerpt: ...rative complaint is his First Amended Complaint, which he filed on 12/28/21. The FAC includes causes of action for: · Wrongful Demotion in Violation of FEHA; · Discrimination on the Basis of Race – FEHA; · Harassment – FEHA; · Retaliation – FEHA; · Failure to Investigate – FEHA; · Failure to Prevent – FEHA. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It ...

Excerpt: ...s causes of action for childhood sexual assault, negligence, negligent retention/supervision/failure to warn, sexual battery, IIED, and false imprisonment. Plaintiff, Jane Doe V.E. has dismissed her complaint. Only Jane Doe B.A.'s claims remain at issue between the parties. 2. Motion to Quash a. Subpoenas at Issue Defendant propounded deposition subpoenas for production of business records on Plaintiff's seven medical providers. The subpoenas are...

Excerpt: ...ff alleges each defendant was the agent, employee, principal, partner, or servant of each other defendant (¶10). Plaintiff alleges each defendant willfully conspired and engaged in a common enterprise with each other defendant (¶12). Plaintiff alleges each defendant was the agent, representative, servant, employee, principal, joint venturer, co-conspirator, management company, and/or representative of each other defendant (¶13). Plaintiff alle...

Excerpt: ...ndants 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. The SAC includes causes of action for:  Hostile Environment Harassment (all defenda...

Excerpt: ...iff has added numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., HTL Automotive, Inc., and HTL Automotive, Inc. 2. Motion for Summary Adjudication Defendants move for summary adjudication, “seeking a determination that no breach of contract has occurred.” Notice of motion, page 2, lines 1-3. Plaintiff, in opposition to the motion, correctly notes that it suffers from numerous fatal procedural defects. F...

Excerpt: ...on. Dawn Thompson is an employee of United States Veterans Initiative, which is represented by Carla Ford. Plaintiff gave notice of the 10/15/20 deposition directly to Thompson, not to Ford, even though Thompson was represented by Ford at the time of the deposition. Thompson appeared for the deposition and answered questions without representation. 3. Discovery Dispute During the course of the litigation, Plaintiff determined there was a need to ...

Excerpt: ...europsychological examination, setting it for hearing on 7/05/22. On 6/06/22, because trial is fast approaching, the Court granted Tristate's ex parte application to advance the hearing date. The Court set the hearing date for 6/21/22. The Court ordered Plaintiff to file any opposition by 6/13/22 and Tristate to file any reply by 6/15/22. Both parties were represented by attorneys at the hearing, and both parties agreed to waive notice of the rul...

Excerpt: ...security deposit, and wrongful eviction. Kinsley Juarez is a minor and is appearing by and through her GAL, Paul Juarez. Plaintiffs allege they leased an apartment from Defendants on 4/01/13. They allege they started experiencing floods in their unit due to back-ups in the main sewer line in June of 2015. They allege Defendants did not take proper steps to remedy the sewer line problem, and the back-ups caused additional flooding in January of 20...

Excerpt: ... 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 improbable they may be. A demurrer can be used only to challenge defects that appear ...

Excerpt: ...ed the agreements in a series of ways, including diverting funds to other accounts. 2. 10/28/21 Motion to Deem RFAs Admitted Plaintiff propounded RFAs on Defendant, Francisco Piche Morales on 5/19/21. On 10/28/21, the Court granted Plaintiff's motion to deem the RFAs admitted, finding Plaintiff adequately showed Defendant had failed to timely respond to the RFAs and had failed to oppose the motion. 3. Motion to Withdraw Admissions a. Relief Sough...

Excerpt: ...gligence), willful misconduct, and elder abuse. The individual defendants are named as nominal defendants due to their relationship with Decedent. 2. Motion for Summary Judgment by Defendant, S&F a. Relief Sought Defendant, S&F Hospice Orco I, LLC dba Tranquil Care Hospice (“S&F”) moves for summary judgment on Plaintiffs' complaint or, in the alternative, summary adjudication of the following issues: ADJUDICATION OF ISSUE 1: The First Cause o...

Excerpt: ...tance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, United Fabricare, contending it is responsible in whole or in part for the subject contamination. There are multiple cross-complaint...

Excerpt: ...FS' REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [TENTATIVE] ORDER GRANTING PLAINTIFFS' MOTION TO SEAL PORTIONS OF PLAINTIFFS' SUPPLEMENTAL BRIEF AND SUPPLEMENTAL DECLARATION OF CARSON P. BAUCHERTO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION Dept. A DATE: Tuesday, June 16, 2022 TIME: 8:30 A.M. COMPLAINT FILED: April 20, 2021 TRIAL DATE: February 14, 2023 PART 1: MOTION FOR PRELIMINAR...

Excerpt: ...o per status. Defendant has not, to date, filed an answer to the complaint. However, on 12/01/21, he filed a trial memorandum in pro per. He has, therefore, made an appearance in the action. On 4/18/22, the Court held a Final Status Conference, at which time it continued trial to 7/22/22 and ordered Defendant to file an answer; he has not yet done so. On 3/22/22, Plaintiff filed a motion to amend. On 3/23/22, Plaintiff filed an amended motion to ...

Excerpt: ... against Defendants, City of Avalon, Scott Campbell, Brian Bray, J.J. Poindexter, and Cheryl Allison. The operative Second Amended Complaint states the following causes of action: 1. Breach of Contract 2. Fraud 3. Discrimination in Violation of the Express Mandatory Provisions of the State of California Tide Lands Grant to the City of Avalon Dated August 4, 1943 4. Violation of Gov't Code §53803 5. Failure to Comply with CPUC Vessel Common Carri...

Excerpt: ... Faith and Fair Dealing;  Accounting. Plaintiff alleges it is a freight shipping and trucking company that provides transportation, logistics, and distribution services nationwide. In October of 2020, Plaintiff retained HHM and RAM, both of which provide trucking, transportation, and/or logistics services, to assist Plaintiff with providing such services to its customers on an as-needed, subcontract basis. Plaintiff alleges, as part of the par...

Excerpt: ...lic in violation of Carson Municipal Code §4201 that, if proved, would constitute reasonable cause to believe each of the Plaintiffs had committed a crime in Deputy Billoup's presence?” The jury answered yes to the question, and therefore the Court entered a defense verdict. Plaintiffs appealed. The issue on appeal was (a) whether §4201 was valid in light of Penal Code §647(f), (b) whether the special verdict form and related jury instructio...

Excerpt: ...ase, and four of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Summary Judgment a. Parties' Positions Cruz moves for summary judgment, contending the undisputed facts show that he was not negligent in his handling of the container. Specifically, he contends he conducted a pre-trip inspection of the container and chassis, and they had no damage; he locked all four pi...

Excerpt: ...reach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion for Summary Judgment (Defendants, Specialized Claims Synergy and Jason Fogel) a. Parties' Positions Defendants, Specialized Claims Synergy and its owner Jason...

Excerpt: ...t due rent in the amount of approximately $117,000. Defendant filed an answer on 4/06/22 and a second answer on 4/15/22. Defendant's answer contains certain specific denials, as well as two affirmative defenses. First, it asserts that the demand for possession violates the local rent control or eviction control ordinance. Second, it asserts there is another affirmative defense stated in item 3l. At 3l, Defendant states, “As the complaint seeks ...

Excerpt: ...complaint on 11/02/21, but filed their operative FAC on 11/23/21, prior to Defendant making an appearance in the action. 2. Demurrer to FAC a. Parties' Positions Defendant demurs to the FAC, contenting Plaintiffs have improperly joined their claims together when their claims are separate and distinct from one another. Defendant demurs pursuant to CCP §430.10(d), which permits a demurrer when parties are misjoined, and §378, which details the ci...

Excerpt: ...ties' Positions Defendants demur to the complaint, contending it does not state a cause of action, is vague and ambiguous, and fails to state whether the contract sued upon is written, oral, or implied. Any opposition to the demurrer was due on or before 5/17/22. The Court has not received opposition to the demurrer. b. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, no...

Excerpt: ...ntiff alleges he was hired by Shadow to transport the bed, which was sold by Howard's. The bed was manufactured by Serta Simmons. Plaintiff's operative First Amended Complaint, filed on 3/20/19, includes causes of action for:  Negligence (Shadow);  Breach of Labor Code §§3706-3709 (Shadow);  Strict Products Liability (Howard's, Serta Simmons);  Products Liability – Negligence (Howard's, Serta Simmons). There are also various cross...

Excerpt: ... Plaintiff alleges that on 5/05/19, in exchange for valuable consideration, Plaintiff purchased a 2018 Chevrolet Colorado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed a defective body system, defective transmission system, and defective engine. Plaintiff took the vehicle to the dealership a total of five times in connection with these various defects, and each time Defendant, throug...

Excerpt: ...r any other named defendants. 2. Matters on Calendar Today On calendar today are two competing motions. The first is a motion to dismiss, which Pabst Kinney filed on 3/03/22, and which the Court continued from its original hearing date of 5/03/22. The second is a motion for leave to file a Second Amended Complaint, which Plaintiffs filed on 4/20/22. 3. Motion for Leave to File Second Amended Complaint a. Parties' Positions The Court will consider...

Excerpt: ... (Skating Edge and Heindl);  Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California);  Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez);  Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Products Liability – ...

Excerpt: ...im the office could not remove the kittens until they were at least eight weeks old and two pounds in weight. The employee gave Plaintiff vouchers and instructed Plaintiff to use the vouchers to obtain food for the kittens and to feed them until they were old enough and big enough for City removal. Plaintiff did as instructed. Within days, he was bitten by fleas. Thereafter, he fell on the floor unconscious. He was transported to the hospital, wh...

Excerpt: ...on of real property, breach of contract, and fraud. 2. Demurrer to First Amended Complaint a. Parties' Positions Defendant demurs to the complaint on the ground that the fraud cause of action is not pled with the requisite specificity. Plaintiff opposes the demurrer, but the opposition concedes there is confusion with the names of the defendants in the FAC and seeks leave to amend to clarify in light of information obtained during discovery. Plai...