Excerpt: ...rated city in California and is a public entity. This action was originally filed by Plaintiff on June 21, 2022. Defendant filed this Demurrer on December 5, 2022. No opposition has been filed by Plaintiff. Defendant demurs to Plaintiff's entire complaint on the basis that Plaintiff failed to allege in her complaint that Plaintiff had filed a claim with Defendant within 6 months of the date of the incident. ANALYSIS As a general matter, in a demu...

Excerpt: ...d depression arising from the Defendant's alleged employment harassment, retaliation, and discrimination of him. Defendant issued two subpoenas to Kaiser which are at issue in this motion. Because the parties have already indicated that Defendant is willing to limit the subpoenas, the Court shall not address the arguments that relate to the subpoenas as drafted. Based on the meet and confer process, the Defendant has indicated that it shall limit...

Excerpt: ...y pay earned wages; 5) Violation of Labor Code § 2802; and 6) Violation of Labor Code § 226.8. She filed this complaint after her employment with Cross-Complainants ended. On November 14, 2022, Cross-Complainants filed their Cross-Complaint stating causes of action for 1) Tortious Intentional Interference with Contract; 2) Tortious Interference with Prospective Economic Advantage and 3) Defamation. Their Cross-Complaint was based on statements ...

Excerpt: ...ree causes of action for (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. In June 2019, Plaintiff leased a 2017 Hyundai Elantra from Fair Titling Trust under their Fair Weekly Agreement for use in the Fair Weekly Membership program for Uber drivers. (FAC ¶ 1.) The vehicle was insured by Fair Title Trust and underwritten and issued by Voyager. (FAC ¶ 2.) The policy issued by Voyager p...

Excerpt: ...uld require Defendant to have disability accommodations. Defendant has filed a motion to strike on December 6, 2022, alleging that these requests are improper remedies for violations of the Unruh Civil Rights Act. Plaintiff filed an opposition on December 21, 2022, arguing that Defendant's motion to strike was untimely filed and that the remedies requested were proper. Defendant filed its reply in support of the motion on December 21, 2022. JUDIC...

Excerpt: ...aint ¶ 10.) They allege that the vehicle was defective. (Complaint ¶ 11, 12.) These defects were not properly remedied. (Complaint ¶ 15.) Defendant asks this Court to determine on summary judgment that there are no warranties that exist as alleged. “Plaintiffs' cause of action for breach of express warranty under the Song-Beverly Act are without merit because Plaintiffs bought a used vehicle and KA did not issue any express warranties at the...

Excerpt: .... Thereafter the parties made a number of filings related thereto. They are part of the Court's file. Judge Mooney filed his October 21, 2022 “Final Statement of Decision” while he remained a Superior Court Judge. The parties disagree on the question of whether the decision process was completed properly or whether a mandatory step had not been completed by Judge Mooney such that a mistrial is mandated by the inability of this bench officer t...

Excerpt: ...nt; (5) fraud in concealment; and (6) medical/dental malpractice. These causes of action arise out of an incident in which Plaintiff claims that Defendant made certain representations to Plaintiff regarding a dental procedure that Defendant was performing, then allegedly failed to follow through on those representations. Procedural This action was originally filed by Plaintiff on October 7, 2021. Plaintiff has amended her original complaint sever...

Excerpt: ...tive trust. Defendant filed this Demurrer on October 27, 2022, challenging the validity of the third cause of action for constructive trust on the ground that a constructive trust is a remedy, not a cause of action. Plaintiff has not filed any opposition to the Demurrer. “A demurrer tests the pleading alone, and not the evidence or facts alleged.” (E-Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) As such, the court ...

Excerpt: ...ately an award of attorney's fees pursuant to contract was made in this Court. In the ensuing years the judgment creditors have filed a number of Memorandum of Costs seeking enforcement related costs. On February 12, 2018, judgment debtors filed for bankruptcy. Relief from stay has recently been granted to allow the judgment creditors to seek an award of attorney's fees pursuant to Code of Civil Procedure §§'s 685.040 and 685.080, the Bankruptc...

Excerpt: ...ly “alleges” several causes of action related to the suspension of Plaintiff's driver's license. The exact “causes of action” and which parties they are directed against are difficult to discern. This action was initiated on September 1, 2022. Plaintiff filed his First Amended Complaint on September 6, 2022. That document is the subject of the demurrers of Defendant George Gascon, District Attorney and Defendants Sherri R. Carter, Court E...

Excerpt: ...This case was filed on September 18, 2020. The complaint alleges a slip and fall incident at Mirage Resort and Casino in Las Vegas. Plaintiff is alleging medical negligence against Defendant for Defendant's treatment of Plaintiff's injuries following the incident. Defendant filed the three discovery motions at issue on November 9, 2022. Defendant filed the Motion to Compel Responses to Form Interrogatories, Set Three, pursuant to CCP sections 203...

Excerpt: ...sentation; and (4) Bad Faith. Plaintiffs purchased title insurance from Defendant. This action arises out of Plaintiffs' claim that Defendant's attorney, who was one of the attorneys representing Plaintiffs in a quiet title action, allegedly induced them to sign a settlement agreement by making misrepresentations to Plaintiffs. Defendant now seeks a demurrer as to Plaintiffs' second and third causes of action. Procedural This action was originall...

Excerpt: ...his motion on August 19, 2022. Defendant filed its opposition on August 26, 2022. Defendant replied on September 7, 2022. On September 14, 2022, the parties were ordered to conduct a meaningful meet and confer, and the subsequent follow-up hearing on this motion was continued a couple times, and it is now set for December 7, 2022. MOVING PARTY'S POSITION The moving party is requesting an order requiring Defendant to provide further responses to R...

Excerpt: ...CKGROUND On April 13, 2021, Plaintiffs filed a complaint alleging two causes of action for professional negligence and negligent infliction of emotional distress. Plaintiff Joshua Kohan has dismissed his claim for negligent infliction of emotional distress, so the only claim left to be tried is the professional negligence claim of Plaintiffs Ayelet Kohan and Tehila Moeinzadeh. Plaintiffs are alleging that Defendant Dr. Rogers provided negligent p...

Excerpt: ...of good faith and fair and dealing, and other causes of action arising out of the denial of Plaintiff Garza's permanent sports disability claim. Subsequently, Cross-Complainant filed this action against Cross-Defendant for four causes of action: fraud, negligence, negligent misrepresentation, and comparative fault/contribution. Cross-Complainant is alleging that Cross- Defendant is responsible, or at least partially responsible, for the events th...

Excerpt: ...h of contract; (2) breach of covenant of good faith and fair dealing; (3) fraud – intentional misrepresentation; and (4) fraud – negligent misrepresentation. The causes of action arise out the alleged failure of Defendants to honor the Plaintiffs' homeowners' policy after Plaintiffs' sustained losses during the Woolsey Fire in 2018. This action was originally filed by Plaintiffs on February 2, 2022. Plaintiffs filed their Second Amended Compl...

Excerpt: ... Plaintiff to furnish security in the amount of $30,000 to Defendant Adventist Health Glendale by October 7. Plaintiff has not done so, and instead he filed this motion. MOVING PARTY'S POSITION Plaintiff's argument is primarily that he should not have been deemed a vexatious litigant due to reasons that are unclear. He argues that the previous lawsuits he filed were not related to the current one, but as this Court has previously found, the recor...

Excerpt: ...ction for trespass, nuisance, and negligence related to a property line dispute. Cross-Complainants subsequently filed a cross-complaint, alleging four causes of action for trespass, private nuisance, quiet title, and declaratory relief. Cross- Complainants demur to Cross-Defendant's answer to their cross-complaint. Cross- Complainants' cross-complaint was filed on July 25, 2022. Cross-Defendant filed her answer on September 15, 2022. Cross-Compl...

Excerpt: ...se out of Defendant Keith's alleged abuse of Plaintiff and Defendants DSS and DGS's alleged failure to prevent that abuse. B. Procedural This action was originally filed by Plaintiff on May 19, 2020. After this Court sustained a couple of previous Demurrers against prior versions of Plaintiff's Complaint, Plaintiff's Third Amended Complaint (TAC) was filed on September 26, 2022. Defendant State of California filed the Demurrer with Motion to Stri...

Excerpt: ...on was originally filed by Plaintiff on August 8, 2022. Defendant filed its Demurrer as to Plaintiff's Complaint on October 28, 2022. Plaintiff filed its opposition on November 10, 2022. Defendant filed its reply on November 17, 2022. II. MOVING PARTIES' GROUNDS FOR THE DEMURRER Defendant demurs to the Seventh, Eighth, Ninth, and Eleventh causes of action, pursuant to CCP §§ 430.10(a) and (e), on the grounds that Plaintiff fails to state facts ...

Excerpt: ...22. Defendant filed the Demurrer with Motion to Strike that is now before the Court on October 25, 2022. Plaintiff has filed no opposition to this demurrer as of November 18, 2022. However, Plaintiff has submitted a Second Amended Complaint which was received by the Court on November 14, 2022. There had been no authorization granted for filing that amended complaint and it shall not be considered at this time. (The Court notes that it identifies ...

Excerpt: ...ntiff following reports of safety issues in a lab that Plaintiff oversaw. This action was originally filed by Plaintiff on October 20, 2020. After a couple previous demurrers were filed by Defendant and sustained by this Court, Plaintiff's Third Amended Complaint was filed on August 10, 2022. Defendant filed its Demurrer to Plaintiff's Third Amended Complaint, on September 12, 2022. Plaintiff filed his opposition on October 24, 2022. Defendant fi...

Excerpt: ...mages in the amount of “no less than $74,213.94” plus interest, costs and attorney's fees. Defendant filed its Answer on April 5, 2021. It generally denied the allegations and set forth 24 affirmative defenses. On April 20, 2022 Plaintiff filed its Motion for Summary Judgment. The Motion was granted on July 6, 2022. Judgment was entered on July 15, 2022 in the amount of $34,008.71. On July 26, 2022, Plaintiff filed a Memorandum of Costs seeki...

Excerpt: ...rner Associates (Cross-Claimant) and Mark Lawrence and Dee Dee Lawrence dba Trophyman (Cross-Defendants). This action was filed as a result of a fire which started in Cross-Defendants' unit of property, owned by Cross-Claimant, and spread to the plaintiffs' unit, also owned by Cross-Claimant. Cross-Claimant filed their motion for summary adjudication on August 17, 2022. No opposition has been filed. The Motion for Summary Adjudication is based on...