Excerpt: ...way without permission and without warning signs to the public. On April 9, 2017, Decedent Rodney Myers, Sr. rode his motorcycle straight into the dirt, causing his death. Based thereon, the FAC asserts causes of action for: 1. Negligence (v. Walsh Shea) 2. Negligence (v. HNTB) 3. Negligence (v. J.F. Shea Construction, Inc.) 4. Negligence (v. Comstock Company (ARUP)) 5. Premises Liability v. (City of Compton). Defendant City of Compton (hereinaft...

Excerpt: ...arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other r...

Excerpt: ...st order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP § 1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§ 1281.1 a...

Excerpt: ...the 1 st – 4th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. Plaintiff Richard Goepel's Complaint, filed on July 19, 2022, alleges that he is a member of the Bellflower Village Homeowners Association (“BVHA”) and the owner of Unit 29 since August 1988. (Complaint, ¶ 4.) Plaintiff was elected Secretary of the BVHA from July 1989 – June 1999. (Id., ¶ 22.) “In ...

Excerpt: ...AVID LEE's Motion to Strike Portions of Plaintiff's Third Amended Complaint is DENIED in part and GRANTED with 15 days leave to amend in part. Moving Party to give Notice. This breach of contract action was filed by Plaintiff ACCENTIAN, INC. (“Plaintiff”) on October 8, 2021. On October 13, 2022, the operative Third Amended Complaint (“TAC”) was filed. The TAC alleges the following relevant facts: “Plaintiff is a licensed cannabis manufa...

Excerpt: ...ever, “[a]ny party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.” (CCP §2034.280.) A supplemental designation may include experts who will...

Excerpt: ...o file a Second Amended Complaint (“SAC”) pursuant to CCP § 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleadings.” (CCP § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courts discretion will usually be exercised liberally to permit amendments of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3...

Excerpt: ...Defendant's facility did not have designated parking spaces for persons with disabilities that complied with the 2010 ADA Accessibility Guidelines (“ADAAG”). (Complaint, ¶ 12.) Plaintiff relies upon mobility devices to ambulate. The facility had barriers that include: “a. an accessible parking area whose slope exceeds ADAAG specifications (Section 502.4); and, b. accessible parking spaces not dispersed evenly throughout the Property (Secti...

Excerpt: ... the 1 st – 4 th causes of action on the grounds that the court lacks subject matter jurisdiction and the doctrine of primary jurisdiction. The Complaint alleges that Plaintiff's Assignor, State Compensation Insurance Fund (“SCIF”), is owed a debt of $126,614.14, $32,374.77, and $241,582.44 on three workers compensation insurance policies that SCIF provided to Defendants QOL Services, Inc. and Inclusive Employment Services. Based thereon, t...

Excerpt: ...ce. On March 19, 2021, Plaintiff ALTAMED HEALTH SERVICES CORPORATION (“Altamed”) filed the instant unlimited civil breach of lease action against Defendant DILLER SOUTHERN PARTNERSHIP (“Diller”) (“civil action”) (Case No. 21NWCV00165). On June 1, 2021, Plaintiff Diller filed the related Unlawful Detainer action (“UD action”) (Case No. 21NWCV00348). A Judgment was issued on December 21, 2021. However, the matter remains pending on ...

Excerpt: ...eges, in pertinent part, “Plaintiff and Defendants were former joint owners of a business named American K & K, Inc. On or about April 20, 2014, Plaintiff and Defendants agreed to part ways and memorialized their intention in a written Stock Buyout Agreement. In exchange for the return of all of Plaintiff's shares in American K & K, Inc., Defendants, in their individual capacities, agreed to pay the $220,000.00 to Plaintiff.” (TAC ¶11.) “P...

Excerpt: ...lemon law action was filed on August 16, 2. The parties exchanged discovery. Plaintiff's deposition, an inspection of the Subject Vehicle, and depositions of Defendant's PMQ and dealership personnel occurred. Expert discovery and Motions in Limine were exchanged. A Notice of Settlement was filed on March 1, 2022. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by th...

Excerpt: ...he untimely Opposition filed on December 5, 2022. Oppositions were to be filed and served by no later than December 1, 2022. (CCP §437c(b)(2).) This breach of contract was filed by Plaintiff MODESTO AVILA (“Plaintiff”) on November 9, 2021. Plaintiff's Complaint alleges the following relevant facts: “The real property which is the subject of this action (the ‘Subject Property') is a single-family, owner-occupied/primary residence house lo...

Excerpt: ...trate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the written agreement and the paragr...

Excerpt: ...ive NOTICE. Specially Appearing Cross-Defendants Bridge HRO, LLC, and Hanson, and Haines (collectively, “Bridge, et al.”) moves for a stay and transfer of the Cross- Complaint based on the doctrine of forum nonconveniens pursuant to CCP § 410.30. This action for breach of contract was filed on June 26, 2019. Plaintiff Diamond PEO, LLC alleges that Plaintiff provided human resources services to Defendant Dependable Personnel Inc. (“Dependab...

Excerpt: ...roperty. In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the balance of interim harm, unless there is some possibility that the plaintiff would ultimately preva...

Excerpt: ...t with ServPro Representatives regarding the operations of Plaintiff's ServPro franchise. (TAC, ¶ 16.) Defendants Nodbeh Enterprises, Inc. and Nodbeh employee, Matthew Wilson, steered Plaintiff into a transaction with the Ramos family. (Id., ¶¶ 11-12, 17.) Defendants indicated that Jose Ramos wanted to purchase Plaintiff's franchise. (Id., ¶ 17.) ServPro further advised Plaintiff not to pursue any other offers or interested buyers because the...

Excerpt: ...her Responses to Request for Production of Documents (set three) is GRANTED. IV. Defendant RONALD CRUZ ABARO DDS, INC.'s Motion to Compel Further Responses to Special Interrogatories (set four) is GRANTED. Moving Party to give Notice. The Court notes that there is an issue as to whether supplemental/initial verifications have ever been served. Plaintiff's Counsel indicates that verifications were served. Defendants' Counsel indicates that some, b...

Excerpt: ...tion. Defendant FCA US, LLC to give Notice. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.Ap...

Excerpt: ... served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proofs of service filed on October 24, 2022 shows that Defendants were served. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP §512.010(a).) The application shall in...

Excerpt: ...issker Power, Inc. moves to challenge Defendant Serrano's application for good faith determination pursuant to CCP § 877.6. This is a consolidated action involving three actions: 1) Carina Solares v. Lexie Granados, et al. (Case No. 21STCV4604 – LEAD case); 2) Adriana Serrano v. Lexie Granados, et al. (Case No. 21STCV39337); and 3) Lexie Granados v. Adriana Serrano (Case No. 21STCV14685). The operative Second Amended Complaint (“SAC”) alle...

Excerpt: ... rd – 5 th 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 July 2017, “Plaintiff began to provide loan origination services to Defendant. Then, on or about October 2018, Plaintiff and Defendants entered into an oral agreement whereby Defendants promised to pay Plaintiff a fee for loan services for eac...

Excerpt: ...8, 2021. On August 30, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or around September 8, 2020, Plaintiff and Defendants entered into an oral contract in which Plaintiff agreed to purchase from Defendants, and Defendants agreed to sell to Plaintiff, fifty thousand (50,000) Masks for the aggregate purchase price of Two Hundred and Five Thousand Dollars ($205,000.00).” (FA...

Excerpt: ...fendants JOSEPH SHABANI; KAMYAR D. SHABANI; MERCURY BOWL, LLC; GREEN RIVERA, LLC; and PICO RIVERA HODLINGS LVT, LLC's Motion to Strike Portions of Plaintiff's Complaint is rendered MOOT. Moving Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed on July 7, 2022. Plaintiff's Complaint alleges that “on or about August 4, 2020… Defendants demolished the building on the Property.�...

Excerpt: ...the motion to enforce settlement 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. Fuller Co. v. Doe (2007) 151 CA4th 879, 888.) At a minimum, a pa...