Excerpt: ...n August 30, 2021, the subject and operative First Amended Cross-Complaint (“FAXC”) was filed. The FAXC alleges the following relevant facts: “Both Diamond ZB and Diamond PEO collected funds from Dependable for payment of Workers Compensation Insurance policy premiums. Both Diamond ZB and Diamond PEO provided Certificates of Insurance for Workers Compensation Insurance (hereinafter ‘COI') to Dependable that the paid for coverage was obtai...

Excerpt: ...led as of February 16, 2022. Defendants ENCORE ESCROW COMPANY, INC. and RODEO REALTY, INC.'s Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action for contractual fraud was filed by Plaintiff OLGA RAMIREZ FLORES (“Plaintiff”) on May 4, 2021. On December 10, 2021, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged in the FAC, are as follows: “Plaintiff and Defendant Flores were in...

Excerpt: ...s Motion to Compel Further Responses to Request for Production of Documents (set two) is GRANTED. IV. Defendant STATES MORTGAGE COMPANY, INC.'s Motion to Compel Further Responses to Requests for Admissions (set one) is GRANTED. V. Defendant STATES MORTGAGE COMPANY, INC's Motion to Compel Further Responses to Special Interrogatories (set one) is GRANTED. VI. Defendant STATES MORTGAGE COMPANY, INC.'s Motion to Compel Further Responses to Special In...

Excerpt: ...ainst the Complaint of Plaintiff Alfredo Perez is DENIED. III. Defendant Command Performance Constructors, Inc.'s motion for summary judgment or, in the alternative, summary adjudication as against the First Amended Cross-Complaint of… Alberta Development Partners, LLC is DENIED. IV. Defendant Command Performance Constructors, Inc.'s motion for summary judgment or, in the alternative, summary adjudication as against the Third Amended Cross-Comp...

Excerpt: ...ittier and PIH Health Hospital – Downey move for an order sealing confidential medical information pursuant to CRC § 2.550 and 2.551. Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC § 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC § 2.551(a); see H.B...

Excerpt: ...urs to the 1 st – 3 rd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The operative Second Amended Complaint (“SAC”) alleges that in November 2009, Plaintiff Elisa Perez began to experience some flooding problems in her residence that appeared to be connected to the sewer system. (SAC, ¶ 15.) Perez contacted Defendant Gonzalez of Alliance Restoration who provided ...

Excerpt: ... the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “In and about September 18, 2019, DECEDENT was a patron at the restaurant and bar of Defendant MAGGIE'S when he was involved in an altercation with certain persons including Defendants MANGUBAT and VARELA. [¶] Defendant MAGGIE'S and G & G intervened in the altercation. [¶] A second altercation occurred while in the premises of MAGGIE'S and person...

Excerpt: ...e facts sufficient to constitute a cause of action and is uncertain. As an initial matter, Plaintiff's Opposition refers to a joinder filed by the District, but this court is not in receipt of any such joinder. Even if the joinder had been filed, the District's joinder would be defective because the District had a previous opportunity, but failed to demur to the CC § 51.9 claim. Plaintiff Bjorn Torrecillas alleges that he was molested by Defenda...

Excerpt: ...te a cause of action and are uncertain. The First Amended Complaint (“FAC”) alleges that Plaintiffs Dean and Candice Selhay met Defendant Sergio Ulloa in 2006 when Plaintiffs sold their residence to Ulloa and agreed to seller carry-back financing in the amount of $736,500.00, secured by a Deed of Trust against the property. (FAC, ¶¶ 2-3, 7.) Thereafter, Ulloa utilized his confidential relationship of trust to obtain loans from Plaintiffs th...

Excerpt: ...American man. (TAC, ¶ 28.) On August 5, 2016, Plaintiff brought his wife's Mercedes C 300 in for service at Fletcher Jones Mercedes-Benz; he was directed to “a small office to obtain a loaner car”; a “Caucasian couple was served first, then… [a] light skinned brown man was served” even though Plaintiff arrived first. (Id., ¶¶ 20, 26, 39, 42.) The cars Plaintiff were shown were “extremely filthy.” (Id., ¶ 67.) The Branch Manager ...

Excerpt: ...on to Compel Arbitration Defendants Bright Idea Investments, Inc., Executive Capital Group, Inc., and Eugene H. Read and Valarie Read, Trustee of the Read Trust move to compel arbitration pursuant to CCP § 1281.2. The Complaint, filed on June 10, 2019 alleges that William Arthur Miller (“William”) and Robert Lynn Miller (“Robert”) are brothers. (Complaint, ¶ 16.) The subject real property was initially held in the names of William and C...

Excerpt: ... interrogatories is GRANTED. Within 20 days, Defendants are ordered to serve supplemental responses. II. Plaintiff PIH Healthcare Hospital-Whittier's motion for orders compelling Defendants Cigna Healthcare of California, Inc., Cigna Health and Life Insurance Company, and Connecticut General Life Insurance Company to provide further responses to Plaintiff's first sets of special interrogatories is GRANTED. Within 20 days, Defendants are ordered t...

Excerpt: ...tial matter, the court critically notes that Plaintiff has filed a 23-page motion in violation of the 15-page limit per CRC 3.1113. This is not a complex issue. The motion could have been made within the page limits. If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the cour...

Excerpt: ...ted to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board….” (Cal. Gov. Code §954.4.) “The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Sec...

Excerpt: ...ob. From doing the repetitive work, Plaintiff experienced debilitating pain in his lower back and right shoulder. Plaintiff visited a doctor and was placed on certain restrictions not to push, pull and carry 5 pounds or more.” (Complaint ¶10.) “On or about May 23, 2018, Plaintiff was released back to work by his physician with restrictions of not to push, pull and carry 5 pounds or more.” (Complaint ¶14.) Shortly thereafter, a representat...

Excerpt: ...es engaged in an exchange of discovery. Plaintiff filed a Motion to Compel Further Discovery Responses, which was granted in part. Plaintiff's Deposition occurred on February 19, 2021. On July 7, 2021, Defendant's counsel served its CCP §998 Offer to Compromise. On August 10, 2021, Plaintiff's counsel accepted the 998 offer. On August 20, 2021, a Notice of Settlement was filed. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an ac...

Excerpt: ...ction for quiet title was filed on March 6, 2020. The pleading was amended twice per stipulation, and once after Court Order after Defendant REDIGER INVESTMENT MORTGAGE FUND's (“Rediger”) Demurrer to, and Motion to Strike portions of the Second Amended Complaint was heard. The operative Third Amended Complaint (“TAC”) alleges the following relevant facts: “In February of 2006, Peter Norwich purchased the subject property and took title ...

Excerpt: ...d and served by no later than the close of business on February 4, 2022. Opposition and Reply to be filed and served per Code in accordance with the hearing date. Opposing Party to give Notice. At any time, “[t]he court…may, on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP §473(d).) “Lack of personal jurisdiction renders a judgment (or default) void, and the default may be directly ch...

Excerpt: ... filed. Plaintiff alleges that “Defendants misrepresented to Plaintiff, a veterinarian, that both of their dogs resided in separate households, in order to take advantage of a promotion through Plaintiff's veterinary office whereby Plaintiff would provide one free veterinary examination per household. Defendant lied, representing that their two dogs resided in separate households, resulting in the Plaintiff being attacked by one of the dogs, wh...

Excerpt: ...that Defendants Central Arm Protection and Hector Chavez breached a loan agreement with $41,283.00 due and owing. The Complaint asserts causes of action for: 1. Breach of Contract (v. Central Arm Protection and Chavez) 2. Breach of Contract – Guaranty (v. Chavez) A Plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgm...

Excerpt: ...Health Services Corporation (“AltaMed”) demurs to the 3rd – 7 th causes of action on the grounds that the causes of action fail to state facts sufficient to constitute a cause of action and are uncertain. Cross- Defendant also move to strike improper allegations and punitive damages. The First Amended Cross-Complaint (“FAXC”) alleges that Cross-Defendant AltaMed breached the lease agreement by failing to vacate the property when the lea...

Excerpt: ...n the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Second Amended Complaint (“SAC”) filed on December 2, 2021, alleges that in April 2021, Plaintiff discussed with Defendant [about] becoming a partner in Plaintiff's business. Plaintiff was to retain an equity of 60% and Defendant to provide capital contribution for a 40% interest. Defendant agreed to provide capital contribution for a...

Excerpt: ...n for Summary Judgment against Defendant HECTOR MARROQUIN is DENIED. The alternative Motion for Summary Adjudication against Defendant HECTOR MARROQUIN is DENIED. Opposing Party to give Notice. Plaintiff's Requests for Judicial Notice are GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) Defendants' HECTORS'S ROOFING, INC., and HECTOR MARROQUIN's joint request for a contin...

Excerpt: ... sidewalk surface of Hacienda Boulevard. As she was walking she tripped over raised, cracked and uneven concrete with protruding tree roots from an adjacent tree located on the sidewalk of Hacienda Boulevard. [¶] On or about October 5, 2017, Defendants owned, managed, maintained, and inspected the vegetation on the subject sidewalk and the subject sidewalk surface, located at or near 3061 Hacienda Boulevard, Hacienda Heights, CA 91745, approxima...

Excerpt: ...uary 7, 2019. On October 1, 2021, Plaintiff filed the operative Third Amended Complaint (“TAC”). The TAC alleges, in pertinent part, “In approximately November 2010, during the time that GOLDEN was Plaintiff's physician, Plaintiff and GOLDEN began a personal, romantic, intimate relationship. In approximately December 2010, Plaintiff and GOLDEN began having sexual intercourse. Plaintiff and GOLDEN saw each other a minimum of once or twice pe...