Excerpt: ... the Unruh Civil Rights Act; and (2) violation of the California Disabled Persons Act. On February 22, 2023, Defendant filed this demurrer, arguing that the Complaint does not state sufficient facts to constitute a cause of action and the pleading is uncertain. 2. Demurrer a. Meet and Confer CCP section 430.41 requires that “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone ...

Excerpt: ...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 Vehicles. ...

Excerpt: ...s three causes of action: (1) Quiet Title, (2) Equitable Relief – Good Faith Improver of Real Property, and (3) Common Counts. At the Case Management Conference, it was agreed that Plaintiff would have leave to file the FAC but that the demurrer would stay on calendar so that there could be a resolution of the statute of limitations defense asserted by Defendant. (Plaintiff's Opposition p. 1 fn. 1.) On June 6, 2023, the Court held a hearing for...

Excerpt: ...is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc. § 430.41 subd. (a).) Here, moving Defendant has not filed a meet and confer declaration. However, the Court proceeds to the merits. b. Legal Standard on Demurrer A demurrer tests the sufficiency of the pleading at issue as a matter of law. (City of Chula Vista v. County of S...

Excerpt: ... and breach of contract causes of action pending. 2. Motion for Summary Judgment a. Legal Standard 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 seeks summary judgment or adjudication, he must show that either “one or more elements of t...

Excerpt: ...l defendants filed a separate demurrer, but the two demurrers raise the same arguments, and will be ruled on together. Defendants argue the complaint is defective because (a) there is no three-day notice to quit attached to the complaint, and (b) they wish to work out a payment plan with Plaintiff and become current on their rent. c. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It rais...

Excerpt: ...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. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

Excerpt: ...upervision. Plaintiff alleges he chose Defendant's office due to its proximity to Plaintiff's home, as Plaintiff is elderly and has poor vision, such that he prefers not to drive long distances. Plaintiff alleges Defendant made numerous errors and omissions in connection with his care and treatment. The most serious allegation concerns an event that took place on 9/02/21. Defendant assigned a new trainee phlebotomist to Plaintiff, and Defendant w...

Excerpt: ...endant to file a responsive pleading within five days. Defendant appealed the ruling on the motion to quash, and the appeal was ultimately dismissed. On 5/23/23, the Court permitted Plaintiff to re-file the action as an unlimited civil action, and on 5/24/23, Plaintiff filed the operative First Amended Complaint. On 6/12/23, Defendant filed a demurrer to the FAC, which is set for hearing today. 2. Demurrer a. Legal Standard on Demurrer A demurrer...

Excerpt: ...' complaint. TENTATIVE RULING: The demurrer is sustained with 30 days leave to amend. BACKGROUND On 7/14/19, Plaintiffs allegedly purchased a vehicle manufactured by nonmoving defendant Ford Motor Company (“FMC”), and now bring this action under the Song-Beverly Consumer Warranty Act (Civil Code § 1790 et seq.), alleging that defects and nonconformities manifested themselves during the warranty period. (Compl. ¶¶ 15–17.) Plaintiffs prese...

Excerpt: ...740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matte...

Excerpt: ...d A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co...

Excerpt: ...0/month, but would be granted an interest in IEC's eventual sale proceeds in the range of 10% to 20% of the total sale price. Snyder told Plaintiff they would negotiate the exact amount near the time of the sale. Plaintiff alleges he successfully grew the business, and in late 2006, Snyder sought a buyer for IEC. There was an interested buyer, but Snyder decided not to sell. Snyder asked Plaintiff to be patient, as the value was increasing. Snyde...

Excerpt: ...aint on 7/22/22, and the case is set for trial on 7/31/23. 2. Motion to Compel Further Responses a. Procedural History of Motion Plaintiff propounded RPDs on Defendant on 12/16/22. Defendant served responses on 1/31/23. The parties met and conferred, and Defendant served further responses on 4/05/23. On 5/03/23, Plaintiff filed this motion. b. Initial Note While Plaintiff did meet and confer after receiving initial responses, she did not meet and...

Excerpt: ...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 Second Amended Complaint (“SAC”) on 9/15/22, asserting causes of action for: 1. Breach of Written Contract 2. Fraud On 2/23/23, the Court sustained Defendant's demurrer to the fraud cause of action without leave ...

Excerpt: ...dent 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. On 11/03/20, VCC filed a cross-complaint against the Stacys defendants for indemnification and related claims. Nota...

Excerpt: ...d 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 for w...

Excerpt: ...dants 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. On 6/23/22, the Court heard Defendants' demurrers and motions to strike directed at the...

Excerpt: ...re are three issues presented by way of the motion to strike costs. The first issue is whether Plaintiff should be awarded costs associated with the deposition of non-party dealer Buick Cadillac GMC's PMK. The second issue is whether Plaintiff should be awarded costs associated with Plaintiff's discovery motions. The third issue is whether Plaintiff should be awarded attorneys' fees in connection with opposing this motion. b. Deposition Plaintiff...

Excerpt: ...ideration Plaintiffs contend this motion is an improper motion for reconsideration because Defendants have raised the issue previously and their argument has been rejected. The Court reviewed its prior rulings and finds it has never directly addressed the specific argument raised by way of Defendants' pending motions for judgment on the pleadings. The Court will therefore consider the motions on the merits. 4. Analysis a. Prior Ruling on Motion i...

Excerpt: ...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. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery. As it relates to today's motion, the Court ruled: Plaintiffs propounded a deposition subpoena for production of busin...

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, R.R. Street & Co., Inc., contending it is responsible in whole or in part for the subject contamination. There are multiple cross-co...

Excerpt: ...s a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by his insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendant's insurance, but as of March of 2018, Plaintiffs understood Defendant's insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendant directly, but did not receive any written respons...

Excerpt: ...Penal Code §496(c). 2. Demurrer Defendant demurs to the FAC, contending the contract was reduced to a family law judgment, which renders the contract unenforceable and also divests this court of jurisdiction over the dispute, leaving jurisdiction solely with the family law court. The parties do not dispute the basic law in this regard. Pursuant to Marriage of Corona (2009) 172 Cal.App.4 th 120, 130, as well as myriad other cases, when two partie...

Excerpt: ... its case manager, Keely Coleman, obtained housing for Plaintiff at a Motel 6 managed by Defendant, Mario Cordova. Plaintiffs allege Gregory Brown was another resident at the motel, and that he murdered Decedent on the premises. Additional details will be discussed below. Plaintiffs' complaint includes causes of action for negligence, negligent hiring, training, and retention, premises liability, wrongful death, and IIED. 2. Demurrer a. Legal Sta...

Excerpt: ... 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 for wr...

Excerpt: ...itution of attorney, pursuant to which Singh commenced representing himself. 2. Ex Parte Application On 4/28/23, Bansal filed an ex parte application to remove all liens and levy and stay further collections of judgment, contending the judgment has been satisfied in full and all such liens and levies are inappropriate, but remain attached to his property. The Court, Honorable Michael P. Vicencia presiding, denied the ex parte application without ...

Excerpt: ...ourt shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. Defendant opposes the motion. Defendant argues (a) the Court lacks subject matter jurisdiction over this action for the reasons set forth in the demurrer to the complaint, on calendar o...

Excerpt: ...iff, with his moving papers, seeks judicial notice of various other trial court lemon law decisions on motions for attorneys' fees. The purpose of the RJN is to show that other trial courts have awarded similar billing rates to attorneys with similar experience. The RJN is granted. b. Initial Note Defendant, at page 5, lines 8-11 of the opposition, contends the case did not settle as a result of Plaintiff's Song-Beverly claims, but instead as a r...

Excerpt: ...tle and equitable relief as a good faith improver of real property. 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 demurrer, all facts pleaded in the co...

Excerpt: ... during the course of the parties' relationship, numerous customers initiated disputes with their banks, and the banks concluded a chargeback was appropriate in connection with disputes in the total amount of $73,271.78. Plaintiff attempted to collect the amount from Savvy's merchant account, butit only had a balance of 55402.14. Plamtifffiled suitto recoup the remaining S67,869.64. For reasons that are not clear, despite naming both Savvy and Mc...

Excerpt: ...dants); Professional Negligence (Segretti); Breach of Contract (Segretti); Fraud (Segretti). Plamtiff alleges he and Seager were married and hired Segretti, an attorney, to create trusts to protect their interests and create an estate plan. Plaintiff alleges Seager died in 2019, and Plaintiff agam hired Segretti to create estate documents. In December of 2020, Plaintiff learned Segretti had failed to create trust documents relating to the subject...

Excerpt: ...mplaint is that Decedent was involved in an automobile accident with Rosborough, which caused him to need post-acute care, which was provided by Regency/MEK. Decedent was a residentat Regencvs facilities during September of 2020, ata time when the temperature was extremely high. Regency failed to provide air conditioning and failed to monitor Decedent's vital signs, including body temperature, such that he perished due to extreme dehydration and ...

Excerpt: ...t Defendants are agreeing to permit Plamtiffs to file an SAC, but that they reserve the right to attack the pleading on any and all available grounds. 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 notthe function of the demurrer to challenge the buthfulness of the comp...

Excerpt: ...ger Construction, failed to complete work done at Khan's property, and that Khan overpaid for the work He did complete. Khan also included Hudson Insurance Company as a cross-defendantin the cross-complaint and asserts a cause of action on contractor's license bond against Hudson in the amount of Sl 5,000. Hudson filed a cross-complaint against Khan and He. Hudson's cross-complaint contams a sole cause of action for declaratoty relief, and seeks ...

Excerpt: ...to which the liens were converted into a secured direct assessment collectable through the County property tax system. Thereafter. The County, through Knox (its treasurer and tax collector), sent Plaintiffs a tax bill. 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 nott...

Excerpt: ...et-Cintron and Cintron-Ballou dismissed all claims on 5/05/23, and only Nancy Cintron remams as an active plaintiff in this case. 2. Demurrer/MJP On calendar today are a demurrer, a motion for judgment on the pleadings, and a joinder to the demurrer and MJP. The issue posed by all of the pleading challenges is whether the statute of limitations bars Plaintiffs actions. The complaint alleges Decedent passed away on 7/20/21. The parties all agree t...

Excerpt: ...ler, Eliza B. Cruz Herrera, Bonita Express, Inc„ Portia 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 Vehicles. P...

Excerpt: ...ary 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. 2/14/23 Motion to Reopen Discovery On 2/14/23, the Court heard Plaintiffs' motion to reopen discovery, wherein they argued (a) Defendants have erroneously refused to produce their employees, Yidan Xu and Haykanush Gezukawan, fo...

Excerpt: ...numerous defendants as doe defendants in the action, including R&H Automotive Group, Inc., H TL Automotive, Inc„ and HTL Automotive, Inc. 2. Motion to Compel Deposition Plamtiffmoves to compel the deposition ofDefendants' PMKs. Both parties' papers present numerous issues for resolution. Notably, the Court previously ordered the parties to use a discovery referee to resolve discovery issues, as the parties have been unable, throughout the litig...

Excerpt: ...tic pursuant to a written agreement Cargomatic made the first bvo payments per the contract then ceased making payments and indicated an intention not to make further payments. The crux of the complaint against CU and Norton is that they were customers of Cargomatic, and they were the ones who msisted Cargomatic enter into the agreement Soon after Cargomatic entered into the contract, CU and Norton realized they did not need Cargomaties service, ...

Excerpt: ...uld have voted against the changes if given notice to do so. Regardless, the CC&Rs requires an affirmative 75% vote to make the changes, so the changes were not made due to A&D's abstinence, and would not be made if A&D voted no. 2. Petition to Reduce Voting Percentage a. Relief Sought Petitioner seeks an order from the Court changing the percentage of votes necessary (from to 66%) in order to enact the following changes to the CC&Rs: Confirm tha...

Excerpt: ... his complaint on 10/08/19. On 8/06/20, Plaintiff filed proof of semice of the summons and complaint on Defendant The POS indicates James G. McCone, Plaintiffs attorney, served Defendant personally on 3/02/20 at the Long Beach Courthouse. At Plaintiffs request the Clerk entered Defendant's defaultthe same day (8/06/20). On 10/19/20, the Court entered default judgmentin favor of Plaintiff and against Defendant in the principal amount of Sl 90,175....

Excerpt: ...' petition to confirm the arbitration award. 2. Motion for Sanctions Plamtifffailed to appear for his ORAP on 10/18/22, 2/07/23, and 3/15/23. Defendants seek to recover the attorneys' fees they expended in appearing at those ORAPs. Defendants seek to recover those fees both as sanctions under CCP 5708.170(a)(2) and also pursuant to the attorneys' fees clause in the parties' contract. Plamtiff in opposition to the motion, argues sanctions pursuant...

Excerpt: ...sault (Jenkins); Sexual Battery (Jenkins); NIED (all defendants); False Imprisonment (Jenkins). 2. Demurrer a. Relief Sought Defendant AUSD demurs to the first cause of action for negligence. Defendants. LAUSD and Mak demur to the fourth cause of action for NIED. b. 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 oppos...

Excerpt: ...ges that on 8/19/17, in exchange for valuable consideration, Plamtiff purchased a 2017 Chevrolet Silverado, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed transmission defects and each time Defendant through its employees, failed to repair the problem. Plamtiff requested a buy-back pursuant to lemon law, but the request was refused. c Discovery Dispute On 10/28/22, Plaintiff sewed disc...

Excerpt: ... the medical treatment claims (his own claims), butnotthe facility claims (APTMC's claims). Thereafter, the settlement unraveled. 3. Motion for Leave to File a Cross-Complaint On 11/17 /122, the Court heard and granted Defendants motion for leave to file a cross- complaint for breach of the parties' settlement agreement On 11/18/22, Defendant filed her cross-complaint On 12/20/22, Plaintiffs' attorney filed a Declaration of Demurring Party in Sup...

Excerpt: .../01/22, and the Court sustained the demurrer and granted the motion to strike with leave to amend on 11/14/22. Plaintiff filed the operative First Amended Complaint on 12/12/22. The FAC includes causes of action for: Violation of Civil Code 51940.2 - Breach of Covenant of Quiet Enjoyment (all defendants); Violation of Civil Code 51942.5 (all defendants); Tortious Failure to Provide Habitable Premises (all defendants); Negligence (all defendants);...

Excerpt: ...amages On September 27, 2021, Plaintiff filed her Complaint alleging tvvo causes of action for General Negligence and Premises Liability. On October 25, 2021, Defendant filed its Answer. On August 29, 2022, counsel for Plaintiff, Scarlett Farrokh ("Farrokh"), filed a Notice of Death of Plaintiff and Request for Stay of Prueedmgs Pending Motion to Amend the Complaint for Wrongful Death, subsequently rejected as Plaintiff died of COVID-19. On Septe...

Excerpt: ...rther alleges that the Subject Vehicle was delivered to her with serious defects and non-conformities to the warranty and developed other serious defects and nonconformities to the warranties, including but not limited to, electrical and engine defects. On Januaty 06, 2023, Plaintiff filed her Complaint alleging three causes of action for: (1) Violation of Song- Beverly Act — Breach of Express Warranty, (2) Violation of Song-Beverly Act — Bre...