Excerpt: ...dant Gallagher Bassett Services, Inc.'s Demurrers to the First Amended Complaint (“FAC”) are sustained with 20 days leave to amend, in part, and without leave to amend, in part. The demurrers to the first through third causes of action are sustained with 20 days leave to amend. The demurrers to the fourth cause of action are sustained without leave to amend. Meet and Confer Defendants filed meet and confer declarations in sufficient complianc...

Excerpt: ...ted her with illicit drugs and used her resulting helplessness to rape her. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Assault, (2) Battery, (3) General Negligence, (4) Negligent Hiring, Supervision, Retention, (5) Sexual Assault and Battery, (6) Sexual Harassment, (7) Gender Violence, (8) Negligent Per Se, (9) Sexual Battery, (10) Intentional Infliction of Emotional Distress, (11) Negligent Infliction of ...

Excerpt: ...rt at 1957 Del Amo Blvd, Rancho Dominguez, California 90220. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of Third Party Beneficiary Contract; 2. Unjust Enrichment; 3. Breach of Implied Contract/Quantum Meruit; 4. Fraud/Intentional Misrepresentation Defendant MHA now demurs to the FAC and moves to strike the request for attorneys' fees from the prayer. An opposition and replies have been filed and cons...

Excerpt: ...intiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) negligence/motor vehicle, and (2) ...

Excerpt: ...nts Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action in violation of Public Poli...

Excerpt: ... to fulfill his monthly obligations but Defendants rejected his payments. Plaintiff executed the loan agreement with Household Finance Corporation (“HAC”) on January 26, 2006. Defendant Caliber began servicing the loan on August 1, 2016. The Third Amended Complaint (“TAC”) alleges the following causes of action: 1. Breach of Contact; 2. Breach of the Covenant of Good Faith and Fair Dealing 3. Violation of Statute The third cause of action...

Excerpt: ...mary judgment, arguing that it is entitled to protection under the workers' compensation exclusivity rule. The motion is opposed. II. Standard A “motion for summary judgment shall be granted 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 a judgment as a matter of law.” (C.C.P., § 437c(c).) "A moving party need only show it is entitled to the benefit of a presum...

Excerpt: ...improper administration of epidural anesthesia and airway protection leading to Robles' severe brain injury. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Medical Malpractice; 2. Negligent Concealment/Negligent Misrepresentation; 3. Negligent Infliction of Emotional Distress; 4. Medical Battery Defendant St. Francis Medical Center now moves for summary adjudication as to the fourth cause of action. Defendants...

Excerpt: ...clinic to speak with Defendant Kamson about a potential externship for her medical assistant program, Plaintiff was shown into a medical room to talk with Defendant. However, after a brief discussion about the externship program, Plaintiff asserts Defendant Kamson sexually assaulted her. Criminal charges have been filed against Defendant Kamson in Los Angeles County, Case No. YA1000507. Defendant Abdoulaye Diop, M.D., is a professional medical co...

Excerpt: ...postponed to December 7, 2019, when Defendant acquired counsel. Plaintiff also requested a continuance, and by agreement of the parties the current date of January 24, 2020 was set. Plaintiff dismissed the action on January 15, 2020. Defendant now moves for attorneys' fees under the Mobilehome Residency Law. The motion is unopposed. For the reasons set forth below, the Court denies the motion. II. Standard Code of Civil Procedure § 1033.5(a) lis...

Excerpt: ...refusing to pay invoices as of August 2019. There is currently $2,016,722.81 in unpaid invoices. The Complaint alleges the following causes of action: 1. Breach of Contract; 2. Account Stated; and 3. Quantum Meruit Plaintiff now moves for a writ of attachment. An opposition and reply have been filed and considered. For the reasons set forth below, the Court grants the application. I. Standard “Attachment is a prejudgment remedy which requires a...

Excerpt: ...tiff. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Malicious Prosecution; 2. Abuse of Process; 3. Defamation, per se; 4. Intentional Infliction of Emotional Distress; 5. Negligent Infliction of Emotional Distress; and 6. Intentional Alienation of Parental Affection. Defendants now demur to the FAC. An opposition and reply have been received and considered. For the reasons set forth below, the Court finds as f...

Excerpt: ...ull amount owed under the contract, leaving $47,189.75 outstanding. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of Contract; 2. Promissory Fraud; and 3. Common Counts Defendants now demur to the FAC. An opposition and reply have been filed and considered. For the reasons set forth below, the Court finds as follows: I. Standard A demurrer tests the sufficiency of a complaint as a matter of law and rais...

Excerpt: ... to turn left onto Alondra. Plaintiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) neg...

Excerpt: ... strike the answer. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court finds as follows: II. Standard a. Demurrer A demurrer tests the sufficiency of a pleading as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of a pleading, the court must assume the truth of (1) the properly pleaded factual allegations; ...

Excerpt: ...lleges that Wells Fargo improperly foreclosed on his property and that Ralph Partners failed to care for his personal property after his eviction from the property. The Fourth Amended Complaint (“FAC”) alleges the following causes of action: 1. Fraud and misrepresentation, 2. Negligence, 3. Bailment, and 4. Conversion Only the first cause of action is alleged against Defendant Wells Fargo, which now demurs to the FAC. An opposition and reply ...

Excerpt: ...d instead sold it to a third‐party for greater profit. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Unjust enrichment; 2. Professional negligence and interference with opportunity; 3. Negligence; 4. Negligent misrepresentation; 5. Fraudulent misrepresentation; 6. Fraudulent concealment; 7. Breach of escrow contract; 8. Breach of implied covenant of good faith and fair dealing; 9. Unfair business practices ...

Excerpt: ...ion. Plaintiffs allege the intersection was dangerous because of a 49‐foot offset. Defendants also include the City of Paramount, the State of California, and Willdan Engineering (Doe 1). Defendant Garcia has filed a Cross‐Complaint against Defendant City of Paramount. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Negligence, and 2. Dangerous Condition of Public Property Defendant Willdan now demurs to the...

Excerpt: ...mirez attempted a reckless left turn, causing the collision. Defendants argued Defendant Ramirez had a green arrow, and that Plaintiff's sudden acceleration caused the collision. The case proceeded to a jury trial, where a verdict was rendered for the Defendants. Plaintiff now moves for a new trial and to tax costs. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court denies the motion for new trial a...

Excerpt: ...tra Rea Diaz, who was admitted to Defendant Martin Luther King Jr. Community hospital with severe back pain. The Complaint alleges that she also developed a right foot injury and pressure injury to the sacrum area. She was later found without a pulse, and was unable to be resuscitated. Plaintiffs are currently self‐ represented. The Complaint alleges the following causes of action (“CoA”): 1. Wrongful Death (Medical Malpractice); 2. Surviva...

Excerpt: ...stments, LLC (“ASI”), for help. The LLC is run by Defendants Timothy Ogburn and James Ogburn, who are brothers. On November 29, 2018, ASI agreed to lend Plaintiff $400,000 to pay off the reverse mortgage. ASI executed a deed of trust in favor of itself in the amount of $360,000 and executed a second deed of trust in for $40,000 in favor of Defendant Guliex. Defendant Guliex, a contractor, was to conduct repairs and construction on the propert...

Excerpt: ...ongfully evicted him from the premises. Plaintiff is self‐ represented. The Complaint alleges causes of action for (1) Breach of Contract, (2) Conversion of Property, (3) Injunctive Relief. Defendants demur to the Complaint. No opposition has been received. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing ...

Excerpt: ... refinanced the property with a loan from defendant Quicken Loans. The Complaint includes causes of action for conversion and quiet title. Default was entered against Defendant Davis on March 5, 2019. Davis was self‐represented until May 21, 2019, and is now represented by counsel. Davis now moves to have the entry of default set aside. An opposition, reply, and sur reply were filed. The sur reply is improper and was not considered. For the rea...

Excerpt: ...fendant Anthony Bustamante conveyed the property to Plaintiff, so Defendant Bustamante's subsequent conveyance to Defendant Petrolla Avenue, LLC, was void. The issue is that the deed which purportedly conveyed the Property from Bustamante to Plaintiff spelled Bustamante's name as Bustamonte instead of Bustamante, so it did surface during the title search. There are three Defendant entities with similar names: (1) Petrolia Avenue Loan, LLC (“Pet...

Excerpt: ...mant Pande performed an endoscopic retrograde cholangiopancreatography with sphincterotomy whereby Dr. Pande made several unsuccessful attempts to cannulate the common bile duct. Upon seeking further treatment, Plaintiff was informed that her bile duct had been removed. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Medical Negligence, 2. Battery, 3. Negligent Infliction of Emotional Distress, 4. Intentional In...