Excerpt: ...osung America Corporation. Plaintiffs settled their claims against Woosung America Corporation. Plaintiffs allege that in 2005, Sunja An (“An”) An started to maintain and clean her humidifier with Aekyung Humidifier Mate. (TAC ¶ 10; JFUMF 2.) She was diagnosed with Idiopathic Pulmonary Fibrosis in 2012. (TAC ¶ 14; JHUMF 6.) An passed away on February 11, 2013, with her cause of death determined to be Respiratory Depression and Idiopathic Pu...

Excerpt: ...to non-payment of fees. Defendants Aurora Cayabyab and Lenard Cayabyab refiled their demurrer on July 2, 2020. Defendants demur to all causes of action for insufficient facts. 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, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Me...

Excerpt: ...aintiff's Objection Nos. 1, 5, 10, 11 to the Declaration of Garth R. Owens are sustained. Plaintiff's Objection Nos. 2, 3, 4, 6-9 to the Declaration of Garth R. Owens are overruled. Plaintiff's Objections to the Second Declaration of Garth R. Owens are sustained. LEGAL STANDARD “A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.1...

Excerpt: ...t”) as counsel for OB. “‘A trial court's authority to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.”'” (Ontiveros v. Constable (2016) 245 Cal.App.4th 686, 694, quoting People ex rel. Dept. of Corporations v. S...

Excerpt: ...rer to the first through fourth causes of action and motion to strike. DEMURRER 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, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) First (Assault) and Second (Battery) Causes of ...

Excerpt: ...t alleged seven causes of action: (1) fraud; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) conversion; (5) declaratory relief; (6) fraudulent inducement; and (7) intentional infliction of emotional distress. On October 21, 2015, the Court granted Defendants' anti-SLAPP motion as to the first, second, third, and sixth causes of action; denied Defendants' anti-SLAPP motion as to the fourth, fifth, and sevent...

Excerpt: ...8, the parties stipulated to binding arbitration before a panel of rabbis. Following arbitration, Defendants moved to confirm the award, and Plaintiffs moved to vacate the award. On July 12, 2019, the Court granted Plaintiffs' petition to vacate the arbitration award and ordered the parties to select a new arbitration panel to rehear the arbitration. On September 19, 2019, Defendants filed an answer to the complaint. Defendants Michael Clement, M...

Excerpt: ...n March 26, 2020. The FAC alleges seven causes of action: (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraudulent inducement and concealment; and (7) negligent repair. The first through sixth causes of action a...

Excerpt: ...TANDARD A motion for judgment on the pleadings is the functional equivalent to a general demurrer. (Lance Camper Mfg. Corp. v. Republic Indemnity Co. of Am. (1996) 44 Cal.App.4th 194, 198.) Like demurrers, motions for judgment on the pleadings challenge the legal sufficiency of the allegations, not their veracity. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The Court “must accept as true all material facts properly pleaded...

Excerpt: ...es in the fourth cause of action for negligence that Defendant's failure to maintain and repair his sewer lateral connections from his property to the connection with City's sewer main caused Plaintiff's harm. (FAC ¶ 25-27.) Plaintiff later settled its claims against the City. On January 3, 2020, Defendant moved for summary judgment. Defendant also filed a motion for an undertaking. SUMMARY JUDGMENT REQUEST FOR JUDICIAL NOTICE Defendant requests...

Excerpt: ...n she was a minor and intentionally caused her harm. (Undisputed Material Facts “UMF” 1, 7; see generally Complaint.) Plaintiff and her father, Daniel Ross, were Nassraway's tenant during the events alleged in the complaint. (UMF 2, 5.) Ross is not a co-defendant in Plaintiff's action against Nassraway. (UMF 4.) On March 28, 2019, Nassraway filed a cross-complaint against Maxine Ross Purwin and Daniel Ross (“Ross”) for implied equitable i...

Excerpt: ...rt a demurrer and granted in part and denied in part a motion to strike. On June 25, 2019, Plaintiff filed his Second Amended Complaint (“SAC”) against defendants Thomas E. Morgan, III (“Defendant Morgan”); Covina Hills MHC, LP; Covina Hills GP, LLC; Juanita Springs Associates, LP; and Covina Hills MHC, LLC (collectively, “Defendants”). Plaintiff's SAC included 14 causes of action: (1) breach of contract; (2) account stated; (3) fraud...

Excerpt: ...with Regents. On June 20, 2018, Plaintiffs dismissed Antonio Sandoval and Thuy Huynh. On March 17, 2020, Defendant moved to sever Plaintiffs' claims. A court may order a separate trial of any cause of action or of any separate issue in furtherance of convenience, to avoid prejudice, or when separate trials will be conducive to expedition and economy. (Code Civ. Proc., § 1048, subd. (b).) Whether there will be a severance and separate trials on i...

Excerpt: ...oyment with Defendants. Plaintiffs allege 22 causes of action: (1) failure to pay applicable minimum wage under the California Labor Code; (2) unpaid overtime wages under the California Labor Code; (3) failure to provide meal periods under the California Labor Code; (4) failure to provide rest periods under the California Labor Code; (5) final wages not timely paid under the California Labor Code; (6) unreimbursed business expenses under the Cali...

Excerpt: ...ication. On January 6, 2020, the Court denied summary judgment but granted summary adjudication on some causes of action (“Order”). Relevant here, the Court granted summary adjudication on Plaintiff's sixth cause of action for breach of contract based on a failure to pay Tenant Improvement reimbursement. (Order at pp. 6-7.) The lease between the parties provided that “all notices[ and] requests . . . to the other party under this Lease shal...

Excerpt: ...ntiff filed her First Amended Complaint (“FAC”), alleging six causes of action: (1) breach of contract; (2) breach of duty of loyalty; (3) breach of fiduciary duty; (4) accounting; (5) fraud; and (6) conversion. Defendants demur to the FAC's second, third, fifth, and sixth causes of action for insufficient facts. Defendants also move to strike allegations related to punitive damages and attorney fees. Plaintiff did not oppose the motions. DEM...

Excerpt: ... as South Beverly-Wilshire Jewelry & Loan and doing business as The Dina Collection; South Beverly-Wilshire Jewelry & Loan also known as South Beverly-Wilshire Jewelry and Loan; The Dina Collection; and Mayweather Promotions LLC. The complaint alleges eight causes of action: (1) breach of oral loan agreement; (2) breach of oral investment agreement; (3) declaratory relief; (4) money lent; (5) money had and received; (6) fraud; (7) conversion; and...

Excerpt: ... to prevent discrimination and retaliation in violation of FEHA; (4) failure to provide reasonable accommodations in violation of FEHA; (5) failure to engage in a good faith interactive process under FEHA; and (6) wrongful termination in violation of public policy. On February 19, 2020, Defendant moved for summary judgment, or in the alternative, summary adjudication on all causes of action. EVIDENTIARY OBJECTIONS Defendant's Objection Nos. 1-4 a...

Excerpt: ...us LLC, Rockport Administrative Services LLC, Rockport Healthcare Support Services LLC, Boardwalk West Financial Services LLC, SR Capital, and Lawnland LLC (collectively, “Defendants”) arising from their mother's death after a fall while in Defendants' care. Plaintiffs allege four causes of action: (1) elder abuse and neglect under the Elder Adult and Dependent Adult Civil Protection Act, Welfare & Institutions Code §§ 15600, et seq.; (2) w...

Excerpt: ...er (“Duker”) for nuisance, negligence, and declaratory relief. Knell alleges Sheffield failed to maintain or trim foliage on its property at 1420 Hillcrest Avenue (“the 1420 Property”), causing berries, dead branches, and palm fronds to fall over their shared property line onto Knell's property at 1410 Hillcrest Avenue (“the 1410 Property”). According to Knell, her children are at risk of being injured by branches or fronds that fall ...

Excerpt: ...1, 2019, Howard and Bordas filed a demurrer to the first cause of action and a motion to strike. On December 13, 2019, the Court sustained the demurrer to the first cause of action with leave to amend and granted the motion to strike punitive damages with leave to amend. On January 14, 2020, Plaintiff filed a First Amended Complaint (“FAC”). On March 20, 2020, Defendants filed a demurrer to all causes of action and moved to strike allegations...

Excerpt: ...LLC (“WD”) . WD purchased televisions from Plaintiffs and sold the televisions to retailers. WD ceased conducting business in 2015. Plaintiffs allege that WD failed to pay for televisions and that Defendant guaranteed WD's debt. The FAC alleges six causes of action: (1) breach of the 2011 guaranty and of the guaranty in 2013 forbearance agreement; (2) fraud regarding the 2011 guaranty; (3) fraud regarding the guaranty in the 2013 forbearance ...

Excerpt: ...r 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, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” that the defe...

Excerpt: ...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, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401, 1406.) A special demurrer for uncertainty is disfavored and will only be sustained only where the pleading is so “unfairly vague” ...

Excerpt: ...nt rental application. On April 15, 2020, Defendant filed an answer. Plaintiff filed a demurrer to Defendant's answer on May 29, 2020. Plaintiff demurs to Defendant's fifth through twenty-third affirmative defenses, contending that they fail to state facts sufficient to constitute a defense or are uncertain. Defendant filed a late opposition. A plaintiff may demur to a defendant's answer within 10 days of being served with the answer. (Code Civ. ...