Excerpt: ...closure); (b) knowledge of falsity (or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citations.]” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638.) “Fraud may be pled specifically and general and conclusory allegations do not suffice. (Id. at p. 645.) To survive demurrer, plaintiff must plead facts that “show how, when, where, to whom, and by what means the represen...

Excerpt: ...ail Bursalioglu, and Torus Bursalioglu (collectively, “Plaintiffs”) filed this action against Defendants Process Cellular Inc. dba Procell (“Process”) and Harry Ayvazian for negligence and premises liability. Plaintiffs allege Process was working on the roof of the apartment where Plaintiffs reside and damaged the roof, so that when it rained, water leaked into Plaintiffs' apartment and caused Plaintiffs to slip and fall on the water. On ...

Excerpt: ...nty”) on 7/29/20 for damages arising from a motor vehicle collision. Plaintiff alleges a police officer directing traffic wrongfully directed Plaintiff into the intersection and caused the accident. On 8/28/20, Plaintiff filed a Request for Dismissal dismissing the County. On 10/27/20, Plaintiff filed the instant Petition for Relief from Government Claim Filing Requirements for an order relieving Plaintiff from the claim filing requirements of ...

Excerpt: ...n against Defendants Robert Michel Clarke (“Clarke”) and Nubia Delgadillo for damages arising from a motor vehicle accident. Defendant Clarke provides that on 4/30/20, Plaintiffs propounded form interrogatories, set four, special interrogatories, set three, request for production of documents (“RPDs”), set three, and request for admissions (“RFAs”), set four. Defendant, at this time, moves for a protective order as to each. The subjec...

Excerpt: ...a slip and fall on Defendant's property. The complaint alleges claims for premises liability and general negligence. On 6/3/20, Plaintiff served Defendant with special interrogatories, set one, which included 92 special interrogatories. Defendant contends many of the interrogatories are duplicative of form interrogatories already propounded by Plaintiff, and Plaintiff's intent in serving the special interrogatories is solely to annoy and harass P...

Excerpt: ... District (“Defendant”) for (1) dangerous condition on public property and (2) res ipsa loquitur and general negligence. Plaintiff alleges Defendant's employee improperly secured or placed a defective mullion in a doorway, and Plaintiff was a student walking to class when the mullion fell on her head. Defendant now demurs to the complaint arguing the second cause of action for res ipsa loquitur and general negligence fails to state a claim ag...

Excerpt: ...s (“Sydell”) for premises liability and negligent hiring, supervision and retention. On 1/15/19, Plaintiff filed an Amendment to Complaint naming RECP Sydell Wilshire, LLC as Doe 1 (“RECP”) (collectively with Sydell, “Defendants”). Plaintiff alleges he was a business invitee at Defendant's lobby bar and after getting into an altercation with bar patrons, Defendant's security ejected Plaintiff and the other bar patrons outside, where P...

Excerpt: ...r damages arising from a multi-vehicle accident. On 9/27/18, Plaintiff filed her First Amended Complaint naming Victor Manuel Figueroa (“Figueroa”) as a defendant. On 8/3/20, Defendant Arias filed a Notice of Settlement providing Arias entered into a settlement with Plaintiff. Defendant further filed an Application for Determination of Good Faith Settlement providing Arias settled with Plaintiff for the amount of $16,350.00, of $13,000 is to ...

Excerpt: ...ages arising from a motor vehicle accident. The complaint alleges a cause of action for motor vehicle negligence and includes a prayer for punitive damages. Defendant now moves to strike the punitive damages. Defendant contends the complaint does not contain sufficient allegations to support a prayer for punitive damages. Defendant avers allegations of driving under the influence alone do not support a claim for punitive damages. In opposition, P...

Excerpt: ...tiffs, Kimberly Nicole Novak (“Novak”) and Aaron Benjamin Wolf (“Wolf”) (collectively, “Plaintiffs”) filed this action against Defendant, Lajwanti Choudhury (“Choudhury”) for damages arising out of an automobile accident. This matter has been consolidated with Case No. 19STCV20129 against Defendant Melinda Isagholi (“Isagholi”) for damages arising out of a subsequent accident. Defendant, at this time, moves to compel a neurops...

Excerpt: ...021 1. Background Plaintiff, Farhad Nazarian (“Plaintiff”) filed this action against Defendants Johari Mohsen, Fernando Lucas Garcia, and American Pacific Forwarders, Inc. (“American Pacific”) for damages arising out of a multiple motor-vehicle collision. On 8/14/20, Defendant American Pacific filed motions to compel further responses to form interrogatories and request for production of documents (“RPDs”) against Plaintiff. On 11/3/2...

Excerpt: ...action against Defendants, Robert De La Cruz and ABC Resources, Inc. for damages arising out of a motorcycle v. truck accident. Plaintiff has subsequently added numerous Doe defendants in the action. The basic facts relating to the motion are not in dispute. Plaintiff was riding his motorcycle during morning rush hour and was “sharing a lane” with a large truck driven by Robert De La Cruz (“De La Cruz”), in his capacity as an employee of ...

Excerpt: ... RESPONSES TO SUPPLEMENTAL INTERROGATORIES; (4) ORDER TAKING MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, TO DEEM ADMISSIONS ADMITTED AND TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS OFF-CALENDAR Dept. 31 8:30 a.m. January 27, 2021 1. Background Plaintiff, Owoimaha Umoh (“Plaintiff”) filed this action against Defendant, Ofir Alon Faktor (“Defendant”) for damages arising from a motor vehicle accident. Defendan...

Excerpt: ...ras (“Sierras”) and Lyft, Inc. (“Lyft”) for negligence and intentional tort. Defendant Lyft now demurs to the complaint arguing the complaint fails to state sufficient facts to constitute a cause of action against it. Lyft argues the complaint contains merely conclusory allegations and is devoid of facts pertaining to Lyft. In opposition, Plaintiff argues the complaint contains sufficient factual allegations to put Defendants on notice of...

Excerpt: ...n”) for premises liability. Defendant SKT Melrose, LLC now moves for summary judgment. The following facts are undisputed: Plaintiff's action arises from her fall through a rooftop skylight on 3/3/20 located at Defendant's property, at which Plaintiff is a tenant. (UMF 1, 11.) The skylight collapsed because it could not support Plaintiff's body weight. (UMF 3.) Plaintiff was not employed to perform repairs to the roof of the property. (UMF 4.) ...

Excerpt: ...pez Verduzco (collectively, “Plaintiffs”) filed this action against Defendants, Rafael Rodriguez Zavalza (“Zavalza”) and NASA Services, Inc. (“NASA”) for damages arising from a motor vehicle accident. On 11/23/20, Plaintiffs served a subpoena on Lemus Medical Center (“Lemus”) requesting medical records pertaining to Defendant Zavalza. Defendants move to quash the subject subpoena. 2. Motion to Quash a. Parties' Positions Plaintiff...

Excerpt: ...nk Sarnoski (“Dann Frank”) and Helen Sarnoski (“Helen”) (collectively, “Defendants”) for damages arising out of an automobile accident. 2. Motion to Allow Additional IME a. Parties' Positions Defendants, at this time, move for leave to conduct an additional independent medical examination (“IME”) of Plaintiff. In particular, Defendants seek a neurological examination of Plaintiff to evaluate Plaintiff's claims for injuries of trau...

Excerpt: ... action against Defendants, Lourdes Trigueros and Erick Trigueros, sued as John Doe, (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 11/24/20, Plaintiff filed her First Amended Complaint (“FAC”) with purported causes of action for (1) motor vehicle negligence, (2) Violation of Vehicle Code § 23123-Cell Phone Use While Driving, (3) Violation of Vehicle Code section 20001(a)-Misdemeanor Hit and Run, and (...

Excerpt: ...tric Cohen, D.D.S. (“Defendant”) for medical/dental malpractice. Plaintiff alleges Defendant negligently performed a dental implant procedure on Plaintiff. (Compl. ¿ 15.) The harm allegedly manifested itself at the end of 2016, when the implants fell out. (Ibid.) After obtaining a CT scan of the work performed by Defendant on or about 1/19/18, Plaintiff presented it for review to another dental surgeon who advised Plaintiff the implants were...

Excerpt: ... Plaintiff's slip and fall on the defendants' premises. On 6/7/16, Plaintiff filed an Amendment to Complaint naming Roxsan Optimus, LLC (Roxsan”) as Doe 1, and 7/19/17, filed an Amendment to Complaint naming United Valet Parking, Inc. (“United Valet”) as Doe 2. Thereafter, on 11/16/18, Plaintiff filed a Notice of Settlement of Entire Case providing the parties entered into a conditional settlement, and a request for dismissal would be filed...

Excerpt: ... Jacqueline Brice (“Jacqueline”), and Natalie Brice (“Natalie”) filed this action against Defendant, Brian Hensel for injuries arising from a motor vehicle accident. On 11/10/20, Plaintiffs filed their First Amended Complaint (“FAC”) alleging causes of action for (1) negligence, (2) bystander emotional distress, and (3) intentional infliction of emotional distress, and (4) loss of consortium. Defendant now demurs to the FAC arguing th...

Excerpt: ...s (“Plaintiff”) filed this action against Defendants, Jose Mercado and West Central Produce, Inc. (collectively, “Defendants”) for damages arising from a motor vehicle accident. On 1/28/20, Defendants filed motions to compel responses to form interrogatories, special interrogatories, and request for production of documents with the noticed hearing date set for 3/25/20. However, Based on current conditions, including, but not limited to, t...

Excerpt: ...isa Spiegel (“Spiegel”) and Eunice Miduk Park (“Park”) for damages arising from two motor vehicle accidents that occurred one day apart. The complaint alleges Defendant Spiegel is liable for the first accident that occurred on 5/10/18. Park is allegedly liable for the second accident that occurred on 6/28/18. On 10/5/20, Park filed an Application for Good Faith Settlement providing Park and Plaintiff agreed to settle the matter whereby Pl...

Excerpt: ...) and Caterina Michela Lamazza (“Lamazza”) (collectively, “Defendants”) for damages arising from a motor-vehicle accident. Defendant answered on 7/20/20, and then filed a First Amended Answer (“FAA”) on 8/3/20 asserting a general denial and nine affirmative defenses. Plaintiff now moves for summary adjudication as to each of Defendant's nine affirmative defenses. 2. Motion for Summary Adjudication a. Parties' Positions Plaintiff conte...

Excerpt: ...ant Get-Thin Treatments, Inc. (“Get-Thin”) and Does 1 to 40 for negligence and products liability. The complaint alleges Get-Thin operates a holistic weight loss and beauty spa, and that on 9/5/17, Get-Thin took Plaintiff into an examination room and instructed him to sit on a massage table. When Plaintiff attempted to get off the table it flipped and threw Plaintiff to the floor. On 1/15/19, Plaintiff filed an Amendment to Complaint naming F...