Excerpt: ...etween Plaintiff ZARATE CONSTRUCTION, INC. (“Zarate”) and Defendant BELLA CASA DEVELOPMENT CORP. (“Bella Casa”), Bella Case brought a motion to Dismiss Zarate's Demand in Arbitration pursuant to Bus. & Prof. Code §7031 on the basis that Zarate was acting outside the scope of its California Contractor's license classification to perform the scope of work as set forth in its contract with Bella Casa. Bella Casa's Motion to Dismiss was DENI...

Excerpt: ...MIRANDA (“Plaintiff”) against Defendant AMINI INNOVATION, CORP. (“Defendant”). Plaintiff alleges that Defendant engaged in age discrimination. Specifically, Plaintiff alleges that she was discriminated against, due to her age, whenever a co-worker, “Esmerelda” complaint against her. The Second Amended Complaint “SAC” asserts the following causes of action: (1) Discrimination (Gov. Code §12940); (2) Harassment (Gov. Code §12940);...

Excerpt: ...On September 15, 2020, the operative Third Amended Complaint (“TAC”) was filed. Plaintiffs allege the following facts, “In or around May, June, and July of 2016, Defendants contacted the then-Trustee for Plaintiff ESTATE OF VICTOR ASAWA and promised that it (the trust) would receive rebates and tax incentives due to the Home Energy Renovation Opportunity (‘HERO') program, if Plaintiffs hired Defendants to install roofing, solar, and heati...

Excerpt: ... the Subject Property. Plaintiff is a medical health provider, and currently operates a Program for All Inclusive Care of the Elderly (“PACE”) at the Subject Property. Plaintiff alleges that, “Plaintiffs' operation requires that the clinic be sterilized and always disinfected. An attempt to gain access for a prospective tenant and evict Plaintiff without an opportunity to relocate poses a threat to the staff, employees and most importantly ...

Excerpt: ...031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that his 2018 Nissan Rogue suffers from widespread defects including a powertrain defect, and Nissan refused to repurcha...

Excerpt: ...emain, motion for summary judgment is DENIED. Plaintiffs to give NOTICE. I. Scale-Tronix's MSJ/MSA Defendant Scale-Tronix, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is GRANTED. Plaintiffs filed a Notice of Non- Opposition on 4/13/21. II. Kaiser's MSJ/MSA Defendant Kaiser Foundation Hospitals (Doe 2) (“Kaiser”) moves for summary judgment, or alternatively summary adjudication, pursuant to CCP § 437c. Evid...

Excerpt: ... 187. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal. App. 4th 1484, 1489; CCP §§ 128 and 187.) An earlier-filed PAGA action, Parker v. Fashion Nova, Inc., et al., Case No. BC709650, was recently settled. The settlement covered all individuals assigned to work at Fashion Nova by staffing company Adecco, whic...

Excerpt: ...fendant's Objections 1-6 are overruled. Complaint Plaintiff Friendly Franchisees Corporation (“FFC”) was founded in 1986 by Harshad Dharod. FFC manages and operates Carl's Jr. franchises. In 2003, FFC hired Defendant Parth Mehta to oversee the IT department. In 2012, Plaintiffs Second Star Holdings LLC (“Second Star”) and Third Star Investments LLC (“Third Star”) were formed to operate certain Carl's Jr. locations. Mehta was granted 5...

Excerpt: ...motion that she may properly make is one to set aside the default. As Defendant's default has been entered, and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted Defendant other than a motion to vacate entry of default. (See W.A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist. (1959) 176 Cal.App.2d 67, 72.) In any event, given the Court's ruling herein, Defendant's request to quash or recall...

Excerpt: ...ndants…failed to use reasonable care to perform timely and appropriate prenatal tests and evaluations and advise LIZETTE BLANCO of the fact that MASON MENDEZ would be born with genetic impairments or disabilities. [¶] Plaintiff MASON MENDEZ was born with genetic impairments and disabilities. [¶] If LIZETTE BLANCO had known of the risk of the genetic impairments and disabilities, she would not have carried the fetus to term.” (Complaint ¶¶...

Excerpt: ...acts sufficient to constitute a cause of action. Plaintiffs allege that Defendant and Plaintiff executed a Promissory Note in favor of Defendant in the amount of $85,000.00, which purported to have an interest rate of 5% per month, which equates to an annual interest rate of 60%. The Promissory Note was secured by a Short Form Deed of Trust and Assignment of Rents dated December 22, 2017. The Deed of Trust was executed by Plaintiffs and recorded ...

Excerpt: ...leges that Defendants Owiecki and the District subjected Plaintiff to verbal, psychological, and physical abuse. The Complaint asserts causes of action for: 1. Violation of 42 USC § 1983 2. ADA Discrimination 3. Violation of § 504 of the Rehabilitation Act 4. Violation of CC § 52.1 5. Battery 6. IIED 7. Negligence 8. Negligent Supervision 9. Violation of Mandatory Duty 10. Violation of CC § 51 11. Violation of Educ. Code § 220 Timeliness Pla...

Excerpt: ... alleges: Plaintiff began working for Defendant Surface Modification Systems, Inc. in or about April 2010. (SAC, ¶ 13.) “[W]hile working for Defendant…over the years and more so shortly before being wrongfully terminated, Mr. Robinson was regularly subjected to various types of mistreatment, hostility, and eventually suffered corporal punishment, which became a regular practice and a convention that Defendant SMS allowed BAMOLA to employ and...

Excerpt: ...the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire...

Excerpt: ...P § 2030.300. The FAC alleges that on 8/26/17, Plaintiff Manuel Cruz went to Wells Fargo Bank to deposit money into the ATM and withdraw cash. As he left the ATM and the Plaza, owned and managed by Defendant Wells Fargo Bank, Defendant Eduardo Cabrera robbed Plaintiff at gun point and shot his several times. Based on these facts, the FAC asserts causes of action for: 1. Assault (v. Cabrera) 2. Battery (v. Cabrera) 3. IIED (v. Cabrera) 4. Neglige...

Excerpt: ...on Nos. 1 and 9, and overruled as to the remaining objections. Plaintiff's objections to Carmerlengo Declaration are overruled. Plaintiff's objections to Castaneda Declaration are overruled. Defendant's objections to Lepe Declaration are overruled. Defendant's objections to Lopez Declaration are overruled as to the attached exhibits, and sustained as to counsel's arguments following each attached exhibit. Defendant's objections to Mendoza Declara...

Excerpt: ...at the office of defense counsel, with rules of social distancing and wearing of masks enforced; and for the second part of the mental examination of E.C. to take place remotely by the examiner for up to six hours. In Opposition, Plaintiff argues that Defendant's request for an in-person IME must be denied due to restrictions and safety considerations associated with COVID-19. Plaintiff further argues that: Defendant fails to specify the exact cl...

Excerpt: ...) an answer to a particular interrogatory is…incomplete…or (3) an objection to an interrogatory is without merit or too general, that party may move for an order compelling further response.” (CCP §2030.300(a).) Substantively, Plaintiff does not oppose the merits of the Motion, and indicates that he is willing to provide further responses. Specifically, in his initial responses, Plaintiff indicates that “[f]ollowing the execution of a Pr...

Excerpt: ...ion. This action for medical malpractice was filed by Plaintiff on October 21, 2019. Defendant TAYLOR (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish: ‘(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection bet...

Excerpt: ... the entities who received the financial proceeds of the loans reflected by the mortgages; The identity of the individuals on behalf of WDW Joint Venture who entered into the mortgages identified; The owners of the real estate subject to the mortgages identified; The identities of individuals who negotiated the interest rate for mortgages identified; and The identity of the collateral offered to secure the mortgages identified. (See Motion 4:22 -...

Excerpt: ...o's objections are overruled. Coastal Capital Group's objections are overruled. Procedural History Plaintiff Coastal Capital Group (“CCG”) filed a Complaint alleging that in January 2016, Defendant Carrillo executed a promissory note in favor of NLSI, Inc. in the sum of $110,937.57. Carrillo executed a deed of trust encumbering the property for which NSLI, Inc. was the beneficiary. Carrillo used the loan to pay off a secured debt owed to Roge...

Excerpt: ...ication is DENIED as to the 4 th cause of action (brought by Brett and Jaime), the 5 th – 6 th and 8 th – 9 th causes of action (brought by Caleb), and the 2 nd – 3 rd, 5 th - 7 th, and 11 th – 13 th causes of action. As triable issues exist, motion for summary judgment on the Cross- Complaint is DENIED. Moving Parties to give NOTICE. Cross-Defendants Meribear Production, Inc. and Meridith Baer moves for summary judgment or, in the altern...

Excerpt: ...r Quiet Title was filed by Plaintiff South Gate Investment Group, Inc. against Defendant City of South Gate (“City”). Plaintiff's predecessor, California Truck Sales, purchased the property on 9/26/95. In 1997, the City Supervisor informed California Truck Sales that it would be required to install a wrought-iron fence and poles along its property line. Plaintiff has paid taxes associated with this boundary and relied on City's insistence tha...

Excerpt: ... Party to Give Notice. This action for elder abuse was filed by Plaintiff OSCAR MILLAN, individually and as representative of the Estate of Elvia Millan (“Plaintiff”) on September 6, 2019. The relevant facts, as alleged, are as follows: “Decedent ELVIA MILLAN was admitted as an inpatient to PIH on or about September 5, 2018 due to altered mental status, right upper extremity weakness and hypotension. An extensive workup determined Decedent ...

Excerpt: ...l hear from Real Party. Moving Party to give NOTICE. The FAC alleges that on 8/26/17, Plaintiff Manuel Cruz went to Wells Fargo Bank to deposit money into the ATM and withdraw cash. As he left the ATM and the Plaza, owned and managed by Defendant Wells Fargo Bank, Defendant Eduardo Cabrera robbed Plaintiff at gun point and shot his several times. Based on these facts, the FAC asserts causes of action for: 1. Assault (v. Cabrera) 2. Battery (v. Ca...