Excerpt: ... of the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. On July 20, 2023, the Court sustained Defendant Memorial's Demurrer to the Complaint with 20 days leave to amend. On July 31, 2023, Plaintiff filed a First Amended Complaint alleging (1) violation of the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. 2. Demurrer to FAC a. Meet and Confer CCP section 430.41 requires that “...

Excerpt: ...for conversion, fraud and deceit, breach 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...

Excerpt: ...iff alleges that she has suffered general damage, loss of use of property, and hospital and medical expenses. Defendant propounded deposition subpoenas for production of business records from Farmers Insurance Exchange and National General Insurance Company (collectively, the “Subpoenas”). (Declaration of Cherif Elsheikh [“Elsheikh Decl.”], ¶ 4 and Exhibit A.) The subpoena directed to Farmers Insurance Exchange seeks “ANY AND ALL NON-P...

Excerpt: ...Background Facts Plaintiff, John Doe L.A. filed this action against Defendants, LBUSD and Julio Flores for damages arising out of childhood sexual abuse. Plaintiff filed his complaint on 7/27/22. Defendant filed an answer on 10/21/22. Flores filed an answer on 4/13/23. The Court granted LBUSD's motion for leave to file a cross-complaint against Flores on 8/08/23, and Flores answered the cross-complaint on 9/06/23. 2. Motion for Judgment on the Pl...

Excerpt: .... Background Facts Plaintiffs, Antonio Calderon, Ana Canchola, and Frank G. Martinez filed this action against Defendant, SCE for damages arising out of an electrical explosion and fire in an underground high- voltage vault. 2. Motion to Compel Further Responses to RPDs a. History of Discovery Dispute Plaintiffs allege the explosion at issue in this lawsuit was caused by deliberate and willful improper construction and maintenance of the subject ...

Excerpt: ...k Ha Kim filed this action against Defendant, David Quackenbush to recover for injuries sustained when Plaintiff fell off a ladder at Defendant's property. 2. Motion to Compel Further Responses to RFAs a. Basis for Motion Defendant propounded RFAs on Plaintiff. Plaintiff responded by asserting various objections and then indicating he could neither admit nor deny the RFAs because litigation is in its nascent stages. Defendant attempted to meet an...

Excerpt: ..., Chelsey Binz filed this action against Defendants, LBMMC, et al. for damages arising out of complications that arose during her labor and delivery. The complications ultimately caused damage to her child, Indiana Rayne Van Den Oever. Plaintiff's complaint includes causes of action for medical negligence, corporate hospital liability, concealment, and NIED. The first and fourth causes of action are pled against Defendant, Dr. Askari. 2. Motion f...

Excerpt: ...ur filed this action against Defendants, Plantonics, Inc., Jorge Larios, Brian M. Danaher, and Southern California Equity for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, breach of fiduciary duty, rescission of contracts and restation, conversion and misappropriation, and common counts. The crux of Plaintiff's complaint is that she and three others purchased all shares of Plantonics pursuant to a Share...

Excerpt: ...this action against Defendants, Wendy Doe and Far West Restaurant Group, LLC for assault, battery, and related claims arising out of an incident that occurred outside of the entity defendant's restaurant. Plaintiff alleges she ordered pick-up from the restaurant and was involved in an automobile accident outside of the restaurant, which resulted in a verbal altercation. Plaintiff alleges the persons who attacked her were restaurant employees, and...

Excerpt: ...ce, and breach of fiduciary duty. 2. Demurrer a. Initial Note re: Continuance The Court was originally scheduled to hear this demurrer on 10/17/23. Prior to the hearing, the Court issued a ruling indicating Plaintiff had failed to provide any authority in support of her positions advanced in her opposition, and continuing the hearing to require Plaintiff to provide substantive opposition. The Court ultimately adopted its tentative ruling as its f...

Excerpt: ...Beverly, breach of the implied warranty of merchantability, fraudulent inducement/concealment, violation of the CLRA, and violation of Magnusson-Moss. 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...

Excerpt: ... any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Until the moving party has discharged its burden of proof, the opposing party has no burden to come forward with any evidence. O...

Excerpt: ...led against Defendants, Drs. Okuyemi and Milone. 2. 9/12/23 Hearing on Motion for Summary Judgment The Court heard Drs. Okuyemi and Milone's summary judgment motion on 9/12/23. Defendants moved for summary judgment on two grounds. First, they contended the Good Samaritan defense applied and acted as a complete defense to all claims pled against them. Second, they contended they complied with the standard of care and nothing they did caused or con...

Excerpt: ...ohn Canas and Marlene Canas, Husband and Wife as Joint Tenants.” Subsequently, in 2005, a grant deed was recorded that transfers Plaintiff's interest in the subject property entirely to Defendant; Plaintiff contends the signature on the deed is a forgery, and she only discovered the forgery this year. Evelyn Marie Canas is John Canas's current spouse, and Bank of America holds the mortgage on the subject property. 2. Motion for Terminating Sanc...

Excerpt: ...ithout first offering it to Plaintiff on the same terms. Plaintiff seeks an order requiring the parties to vacate the sale and requiring Paul to offer the property for sale to Plaintiff on the same terms as it was sold to Jack. Additionally, Plaintiff seeks damages as a result of Defendants' failure to offer Plaintiff the right of first refusal. Second, Plaintiff alleges Defendants have been wrongfully using parking spaces to which Plaintiff is e...

Excerpt: ...iled timely opposition and reply papers. b. Basis for Demurrer Plaintiffs demur to the answer, contending the first through fifteenth affirmative defense fails to state a defense and are uncertain. c. Law Regarding Answers A verified complaint must be denied positively or according to information and belief. (CCP §431.30(d).) Anything less than a general denial of the whole complaint is a “qualified” or “specific” denial. Defendant can d...

Excerpt: ... 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 on the face of the ple...

Excerpt: ...iled proof of service on All Seasons on 2/14/23. The POS indicates Plaintiff's registered process server served All Seasons by personally serving Jesse Gastelum, its agent for service of process, on 2/13/23. On 4/05/23, at Plaintiff's request, the Clerk entered All Seasons' default. On 4/25/23, Plaintiff filed proof of service on Bansal. The POS indicates Bansal was served by substitute service on Susan Serrano, a person at the front desk of the ...

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: ...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: ...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...