Excerpt: ...rnment tort claim on the City of Long Beach by mail. Petitioner also served an application for leave to file a late claim on the City by mail. · 9/14/22 – The City denies the application for leave to file a late claim. · 4/28/23 – Petitioner files the instant petition. 2. Petition for Relief from Failure to File Timely Claim a. Law Governing Petitions for Relief Pursuant to Gov Code §946.6(c), the Court is required to grant a petition for ...

Excerpt: ...ing was continued several times, and on 6/02/23, Plaintiff filed a First Amended Complaint. The FAC includes the original forcible detainer causes of action, but also contains causes of action for breach of contract, promissory estoppel, interference with economic relations and contractual relations, conversion, and declaratory relief. The Court ultimately struck the FAC, finding the inclusion of the other causes of action was improper in this fo...

Excerpt: ...opounded the subject discovery on 6/20/23. Plaintiff did not serve responses. Defendants therefore seek an order compelling deeming the RFAs admitted and imposing sanctions. The motion to deem RFAs admitted is granted. CCP §§2033.280(b), (c). Defendants seek monetary sanctions against Plaintiff and her attorney of record. Sanctions are absolutely mandatory, and must be imposed even if Plaintiff provides responses prior to the hearing and/or sho...

Excerpt: ... excessive. b. Timeliness of Opposition Assistance argues the opposition was not timely and should not be considered. The opposition was filed and served one day late, likely because of the newly-enacted 9/22/23 court holiday. The Court finds refusing to consider the opposition would be unduly harsh, as this is the first year the holiday has been recognized, and many documents from many attorneys have been late-filed because of the newly- enacted...

Excerpt: ...claratory relief. 2. Demurrer to Answer a. Procedural History Plaintiffs filed their complaint on 2/08/23. Vance filed her answer on 5/09/23. Plaintiffs filed a declaration in support of automatic extension of time to demur to the answer on 5/23/23. Plaintiffs filed their demurrer on 6/22/23, setting it for hearing on 12/05/23. The parties attended a Case Management Conference on 7/10/23, at which time the Court advanced the hearing on the demurr...

Excerpt: ... minor's compromise, seeking court approval of the settlement on behalf of the minor plaintiff. On 3/23/23, the Court granted the petition and approved the settlement. On 7/14/23, the Court heard Plaintiffs' motion to rescind the settlement. The Court denied the motion. Additionally, the Court held, “The Court finds that Mr. Green was present at the time of settlement, via telephone, and the settlement may be enforced….The Court states that a...

Excerpt: ...ans, all of which charged interest in excess of the legally permissible rate, and thereafter wrongfully commenced foreclosure proceedings on Plaintiff's property based on Plaintiff's breach of a secured loan. The case has a procedural history far too complex to reiterate in this ruling. Plaintiff's Second Amended Complaint included causes of action for usury and breach of the implied covenant of good faith and fair dealing. Plaintiff agreed to di...

Excerpt: ... strike on 7/01/22, and the Court sustained the demurrer and granted the motion to strike with leave to amend on 11/14/22. Plaintiff filed her First Amended Complaint on 12/12/22. The FAC included causes of action for: · Violation of Civil Code §1940.2 – Breach of Covenant of Quiet Enjoyment (all defendants); · Violation of Civil Code §1942.5 (all defendants); · Tortious Failure to Provide Habitable Premises (all defendants); · Negligence...

Excerpt: ...her from Facebook or a third party, hacked Plaintiff's account, and despite Plaintiff's requests, Facebook has not restored access to the account. On 2/16/23, Plaintiff filed a proof of service of unspecified documents, by mail, on Zuckerberg. On 4/03/23, Plaintiff filed a proof of service of the summons, complaint, and related documents on Facebook-Meta by serving its registered agent for service of process. On 4/26/23, Meta Platforms, Inc., fil...

Excerpt: ... Defendants 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 ...

Excerpt: ... filed 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 ...

Excerpt: ...mages and related allegations against him. a. Law Governing Punitive Damages in the Context of Driving Under the Influence Allegations that a defendant exhibited a conscious disregard for the safety of others are sufficient to show malice. Taylor v. Superior Court (1979) 24 Cal.3d 890, 895-96. The Taylor court concluded that the act of operating a motor vehicle while intoxicated may constitute an act of "malice" under section 3294 if performed un...

Excerpt: ... is improper. Defendants contend venue is proper in Sutter County, which is where the incident took place and where all of the defendants reside. Defendants concede One World Ranches designated Los Angeles County as its principal place of business with the Secretary of State, but contend its true principal place of business is Sutter County, as its owners reside in Sutter County. Defendants seek sanctions because Plaintiff refused to voluntarily ...

Excerpt: ...sion, and NIED. The concealment cause of action was dismissed after demurrer, leaving the remaining four causes of action pending against Moving Defendant, LBMMC. 2. Motion for Summary Judgment a. 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).) Wher...

Excerpt: ... 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 pleading unde...

Excerpt: ...aint included causes of action for medical negligence, lack of informed consent, medical battery, fraud/breach of fiduciary duty, fraud/intentional misrepresentation and concealment, NIED, IIED, and corporate negligence. On 9/14/21, Sobol filed an answer to the original complaint. On 8/24/21, Plaintiff filed a motion for leave to amend his complaint to add claims for punitive damages against Defendants. Sobol filed a motion to compel arbitration ...

Excerpt: ...icial council form complaint. 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 complaint are assumed to be true, howeve...

Excerpt: ...laint is that she was an inpatient resident at SPCH following a seizure, and Bunoan sexually assaulted and harassed her. 2. Motion to Compel Further Responses a. Initial Note re: Jane Doe 1 Most of the RPDs at issue concern witness statements from third parties. Plaintiff also seeks to recover documents relating to Jane Doe 1. Jane Doe 1 is a plaintiff in another case against Defendant with similar allegations to the instant case, and is represen...

Excerpt: ... or that a specialist might be needed; additionally, she alleges the surgery was negligently performed. Plaintiff's operative First Amended Complaint, filed on 2/08/22, includes two causes of action for professional negligence against Moving Defendant. 2. Motion for Summary Judgment a. Basis for Motion Defendant, Dr. Claire Sakae moves for summary judgment on the complaint, contending the care and treatment of Plaintiff complied with the standard...

Excerpt: ...pled against Moving Defendants, Drs. Okuyemi and Milone. 2. Motion for Summary Judgment a. 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 ...

Excerpt: ...ithout Plaintiff's permission. 2. Initial Note Plaintiff, on his civil case cover sheet, checked the box for “other petition” instead of “other complaint.” This resulted in the case receiving an LBCP case number instead of an LBCV case number. Petitions are set for summary hearings, whereas complaints are set for trial. The Court asks Counsel to ensure the correct box is checked in the future, as having the case designated a “petition�...

Excerpt: ...ntiffs 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 an...

Excerpt: ...e subject chassis was not equipped to handle this type of cargo, and DCLI, the owner of the chassis, failed to warn the necessary persons and entities that the chassis should not be loaded with this type of cargo. Plaintiff has added additional doe defendants to the action, including Moving Defendant, Taihan Electric USA, Ltd. Details concerning Taihan's involvement in the incident will be discussed below. 2. Motion for Summary Judgment a. Standa...

Excerpt: ...ubbish, electrical wiring not up to code, filth, intentional interference with estate, lack of hot water, leaking plumbing, and general non-maintenance. 2. Demurrer a. Initial Note Defendants filed demurrers to the complaint. Each defendant filed a separate demurrer. Each defendant demurs to the second and third causes of action in the complaint. Because the demurrers are substantially the same, the Court will rule on them together. b. Notice The...

Excerpt: ...1 and 2. On 2/03/23, Plaintiff filed ex parte applications to serve does 1 and 2. On 2/06/23, Plaintiff filed additional certificates of merit, under seal, for does 1 and 2. On 2/06/23, the Court granted the ex parte application to serve the doe defendants. On 5/05/23, Plaintiff filed proof of service on doe 1, which was named as LAUSD. On 6/16/23, LAUSD responded to the complaint by way of demurrer, which is scheduled for hearing today. 2. Demur...