Excerpt: ..."[w]hen he in fact knew he did not have the necessary legal elements to successfully obtain plaintiff, Sigifredo Quezada, legal residency (resident card) for the USA." Defendantnow demurs to this single cause of action. LEGAL STANDARD "It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint." (Lewis v. Safeway, Inc. (2015) 235 CalApp.4th 385, 388.) In ruling on a demurrer, the court must "liberally con...

Excerpt: ...angerous condition and the Citys acts and omissions, Forests car slid off the roadway, traveled down the hill, and collided with Plaintiffs house. Plamtiff alleges that the incident caused Plamtiffs property and house to become structurally compromised, destabilized, damages, and unsafe. Forest and Plaintiff have settled for $25,000, and Forest seeks a determination that the settlement was in good faith. The Civ opposes the motion. In Tech-Bilt, ...

Excerpt: ... this cause of action and granted a motion to strike the prayer for punitive damages. Plaintiffs filed a first amended complaint, and Defendant again demurs to the cause of action for fraudulent concealment and moves to strike the prayer for punitive dam ages. Plamtiffs' fifth cause of action is for fraudulent concealment Plamtiffs must allege the following: (1) Defendant concealed or suppressed a material fact; (2) Defendant had a duty to disclo...

Excerpt: ...iff was inured as a result of the collision. (ld., 5.) Plaintiff submitted a claim to Defendanton August8, 2013. (Id„ 6.) Plaintiff received only approximately $13,000 from the other drivers insurance policy. (ld., 8.) Accordingly, on April 18, 2014, Plaintiff made a demand for $85,000 in underinsured motorist benefits from his own policy with Farmers. (ld., 9.) Defendant offered approximately $10,000, following which Plamtiff 2014. (Id„ 12.)...

Excerpt: ...acts and assert causes of action under Business and Professions Code section 17200. Defendant moves for summary judgment. "[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law[.] There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of...

Excerpt: ...talking, invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, injunctive relief, and conspiracy. This action stems from the divorce case of Diane D'Amore and David D'Amore. David D'Amore hired Ronnen Sigal to take photographs of Diane D'Amore's vehicles at Bose's residence to attempt to prove they were cohabitating in order to reduce David D'Amore's spousal support. Previously, Plaintiffs ...

Excerpt: ... faith and fair deadline, negligence, breach of Business and Professions Code section 8700, and violation of Business and Professions Code sections 17200. Now, Defendants demur to the first amended complaint and move to strike certain allegations. LEGAL STANDARD A. Demurrer “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling...

Excerpt: ...HA 2. Failure to provide reasonable accommodation 3. Failure to engage in the interactive process 4. Failure to prevent discrimination 5. Retaliation under FEHA 6. Hostile work environment under FEHA Now, Defendant moves for summary judgment or, in the alternative, summary adjudication of each cause of action. Plaintiff opposes the motion, which is granted in part and denied in part. LEGAL STANDARD “[T]he party moving for summary judgment bears...

Excerpt: ...ant's demurrer to the second cause of action, but sustained the remaining demurrers. (See Court's Minute Orders, dated September 28, October 13, and November 3, 2022.) Plaintiff filed a first amended complaint. Now, Hirai, Majors, and Loughridge demur to the second and sixteenth causes of action, for hostile work environment harassment under FEHA and intentional infliction of emotional distress (“IIED”), respectively. Crystal Stairs and Grant...

Excerpt: ...ement of decision finding for Plaintiff, and against Defendant, on each cause of action. The Court awarded $30,343.21 in damages with prejudgment interest as of the date of the breach (March 21, 2021). The Court also found that Plaintiff was the prevailing party and therefore entitled to attorney's fees under the contract. Plaintiff filed a noticed motion, and Defendant filed an opposition. The determination of reasonable amount of attorney fees ...

Excerpt: ...el arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to re...

Excerpt: ...es stole her personal possessions. Previously, the Court sustained a demurrer to the causes of action for conversion and financial elder abuse, finding that theft by an individual employee does not convey liability against the employer under the doctrine of respondeat superior. The Court overruled the demurrer to the cause of action for negligence. Plaintiff alleged that Defendants failed to properly screen and investigate the aides they sent to ...

Excerpt: ...ned to work at Defendant but allegedly was terminated after contracting COVID-19. Plaintiff asserts the following causes of action: 1. Disability discrimination under FEHA 2. Disability harassment under FEHA 3. Retaliation under FEHA 4. Failure to provide reasonable accommodation under FEHA 5. Failure to engage in the interactive process under FEHA 6. Failure to prevent discrimination/harassment/retaliation under FEHA 7. Retaliation under Labor C...

Excerpt: ...eged documents. RPD #2 – Granted. Defendant's response is not code-compliant because it merely states that “no responsive documents exist.” Per Code of Civil Procedure section 2031.240, Defendant must specify whether documents “never existed” or whether they once existed and “ha[ve] been lost, misplaced, or stolen, or ha[ve] never been, or [are] no longer in the possession, custody, or control of the responding party.” Defendant als...

Excerpt: ...der by reference. Now, Plaintiff petitions for an order to compel Defendant to arbitrate this action before “any other arbitration forum other than AAA or a specific arbitrator and to promptly pay all arbitration fees as they become due.” Once the Court orders an arbitration and stays the case, “the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to a...

Excerpt: ...ence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842, internal quotations and...

Excerpt: ...a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 8...

Excerpt: ... January 1, 2021, to the present. If a subpoena requires the production of documents, the Court may quash the subpoena entirely or modify it. (Code Civ. Proc., § 1987.1, subd. (a).) In ruling on a motion to quash, “the Court may in its discretion award the amount of the reasonable expenses incurred in making or opposing the motion, including reasonable attorney's fees, if the court finds the motion was made or opposed in bad faith or without s...

Excerpt: ..., 2018, and the operative second amended complaint was filed on August 4, 2020. Jewel Mehlman passed away on March 12, 2021. (Declaration of Joel Bander, ¶ 10.) Joel Bander, who was Jewel Mehlman's son-in-law and an attorney, opened probate proceedings in May 2021, serving as the trustee of her estate. (Id., ¶ 11.) Plaintiff filed a creditor's claim against the estate on June 21, 2021. (Id., ¶ 12 & Exh. J.) Bander rejected the claim on July 19...

Excerpt: ... owned, possessed, and/or controlled an adjacent property. Plaintiffs allege that the City had actual or constructive knowledge of a homeless encampment where the residents routinely started fires. Plaintiffs allege that on or about October 30, 2020, one of the fires spread and damaged their building. The City moves for summary judgment. “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of ma...

Excerpt: ...d as a defendant in the original complaint. Plaintiff added Van Nuys-L by way of a Doe amendment on June 8, 2022. Previously, both Lithia and Van Nuys-L moved to strike Plaintiff's prayer for punitive damages and related allegations. The Court denied the motion to strike with respect to Lithia. (See Court's Minute Order, dated October 19, 2022.) The Court granted the motion with respect to Van Nuys-L, finding: “[T]he complaint provides no clari...

Excerpt: ...epresentative and/or call center concerning the subject vehicle. 4. Warranty claims submitted to and/or approved by Defendant concerning the subject vehicle. 5. Any Warranty Policy and Procedure Manual published by defendant and provided to its authorized repair facilities, within the State of California, for the date the subject vehicle was purchased to the present. 6. Any internal analysis, investigation, and/or communications regarding the sam...

Excerpt: ...ut did not pay the required fees. Now, Plaintiff moves to compel arbitration. The moving party on a petition to compel arbitration “bears the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits,...

Excerpt: ... 5 and 12 to determine if any portion of RGN's Written Discovery is no longer necessary in light of COVAR's work.” (See Parties' Stipulation, dated September 13, 2022.) The Court granted the stipulation and order the parties to comply with its terms, including the meet-and-confer requirement. (See Court's Order, dated September 12, 2021.) Now, Plaintiff moves for discovery sanctions of $2,250 and monetary sanctions of $1,500 under Code of Civil...

Excerpt: ...existence of a valid arbitration agreement by a preponderance of the evidence, while a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense. The trial court sits as the trier of fact, weighing all the affidavits, declarations, and other documentary evidence, and any oral testimony the court may receive at its discretion, to reach a final determination.” (Ruiz v. Moss Bros. ...