Excerpt: ...t to Code of Civil Procedure section 430.10, subdivisions (e) and (f) on the grounds that the complaint is uncertain and fails to state a cause of action upon which relief can be granted. Plaintiff has not opposed the demurrer. ANALYSIS 1. MEET AND CONFER REQUIREMENTS Code of Civil Procedure, section 430.41, subd. (a) provides: “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by teleph...

Excerpt: ...) medical battery; (3) lack of informed consent; (4) misrepresentation-concealment; (5) negligent misrepresentation; (6) constructive fraud; (7) breach of contract; (8) breach of warranty; and (9) invasion of privacy. Subsequently, Plaintiff retained counsel to represent her. On February 2, 2023, Plaintiff's counsel executed a stipulation to dismiss causes of action 2, 4, and 5-9, leaving just the medical negligence and lack of informed consent c...

Excerpt: ...issue at a trustee's sale, following the prior owner's loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first, action 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant filed a se...

Excerpt: ...ty”). (Complaint, ¶ 1.) The Property is part of a common interest development governed by the 1012 2nd Street Homeowners Association (“HOA”). (Id. at ¶ 2.) On April 8, 2020, Lauren Prakke (“Prakke”), who owned Unit 2 located directly above the Property, left her bathtub running until it overflowed. That incident caused water to flow through the walls and ceiling of Plaintiff's Property directly below, resulting in damage to Plaintiff'...

Excerpt: ...st Defendant and Cross-Complainant, Sam's Bagels (“Sam's”), bringing claims under the Unruh Civil Rights Act and the California Disabled Persons Act, alleging that Sam's Bagels failed to comply with the accessibility requirements of the Americans with Disabilities Act. Sam's filed a cross-complaint against Whitaker and Whitaker's counsel, Cross-Defendants the Center for Disability Access; Mark Potter, Esq.; Amanda Seabock, Esq.; Candice Clipn...

Excerpt: ...��Defendants”) alleging causes of action for medical malpractice, violations of the Consumer Legal Remedies Act (“CLRA”), fraud, and Unlawful Business Practices based on a combination of two intimate medical procedures Plaintiff alleges Defendants “botched.” Defendants demurred to the CLRA, fraud, and Unlawful Business Practices causes of action and moved to strike the claim for punitive damages. The Court overruled the demurrers, but g...

Excerpt: ...Associates, Inc.; Michelle Dinh, M.D.; Jeanne Hershey-Weber; Andrew Gelis; Melanie Kerr; Sean Ravaei; Soma Surgery Center; and DOES 1- 10. Plaintiff's fourth amended complaint alleges three causes of action as to all defendants: (1) professional negligence – medical malpractice; (2) breach of fiduciary duty; and (3) intentional misrepresentation. Defendant Jeanne K. Hershey-Weber (“Defendant”) demurs to the second and third causes of action...

Excerpt: ...es (“James”), Landry Design Group, Inc., Richard Landry, and Todd Reily (collectively, “Cross-Defendants”) alleging causes of action for (1) breach of contract; (2) fraudulent inducement; (3) negligent interference with contract, and (4) negligence. The first two causes of action for breach of contract and fraudulent inducement are alleged only as to James and McNulty, while the third and fourth causes of action are alleged only as to the...

Excerpt: ...e fallen ill with a bacterial infection in February 2023. (Motion at p. 3.) The Court notes that the parties filed a joint stipulation on February 16, 2023, that did not mention any illness. On March 24, 2023, the parties' joint witness list and exhibit lists were due. Plaintiff's counsel filed the documents, but they were not signed by Defendant's counsel. Moreover, Defendant's counsel did not file joint or separate witness or exhibit lists. The...

Excerpt: ...est for Judicial Notice in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment with Declaration of Damages DEFENDANTS' OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Paul Guez in Support of Defendants' Opposition to Motion for Summary Judgment 3. Request for Judicial Notice in Support of Opposition to Motion for Summary Judgment 4. D...

Excerpt: ...ome Debt Fund, LLC (“Plaintiff”) moves to compel responses from Defendant Andre Wegner (“Wegner”) to Form Interrogatories, set one (FROG); Special Interrogatories, set one (SPROG); and Requests for Production of Documents, set one (RFP). In addition, Plaintiff moves to deem admitted the matters specified in Requests for Admission, set one (RFA). Plaintiff seeks monetary sanctions in connection with the four motions. Plaintiff has not file...

Excerpt: ...ompel Plaintiff Shana Ricks (“Plaintiff” or “Ricks”) to arbitrate her employment discrimination, sexual harassment, and related claims. Plaintiff opposes the motion and Defendants reply. LEGAL STANDARD “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the...

Excerpt: ...ack owed rent not paid during the COVID-19 pandemic. Cross-Complainant now moves for an award of reasonable attorneys' fees, pursuant to the terms of the lease agreement. Cross- Defendant has not filed an opposition. ANALYSIS Entitlement to Attorneys' Fees Code of Civil Procedure section 1021 provides “[e]xcept as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is...

Excerpt: ...y Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Mac W. Cabal in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Clinton Walker in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion for Summary Judgment/Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication AMLI'S AND FIDELITY'S ...

Excerpt: ... Summary Adjudication 4. Declaration of James Sciolla in Support of Motion for Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication PLAINTIFFS' OPPOSITION PAPERS: 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Mark Romano in Support of Plaintiffs' Opposition to ...

Excerpt: ...es of action and adding eleven new causes of action, bringing the total causes of action to twenty (20), and deleting and updating many of the factual allegations to account for events uncovered in discovery, which have occurred both before and after February 2022, when the original complaint was filed in this case. Defendant Ghods and Defendant Plusarch, Inc. (“Defendants”) oppose the motion, and Plaintiff has filed a reply. LEGAL STANDARDS ...

Excerpt: ...are Center, LLC erroneously sued as Country Villa Westwood Nursing Center (“Defendant”), claiming Defendant committed elder abuse and negligence against Plaintiff while in Defendant's care. Defendant demurs to the elder abuse cause of action, on the ground that it fails to plead with particularity facts sufficient to constitute an elder abuse cause of action and is uncertain under Code of Civil Procedure section 430.10, subdivisions (e) and (...

Excerpt: ...d Material Facts and Supporting Evidence 3. Declaration of William S. Edic OPPOSITION PAPERS: Cross-Defendant Boudreau Pipeline Corporation's Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of A. Kerry Stack 4. Notice of Lodgment of Exhibits Cross-Defendant/Cross-Complainant R-3 Contractors, Inc.'s Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of Lori R....

Excerpt: ...action originally alleged for breach of contract and negligence, and to replace them with a single cause of action under Cal. Bus. & Prof. Code § 7031(b), to recoup all compensation Plaintiff paid to Defendant as an unlicensed contractor. Defendant has not filed an opposition to the motion. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of...

Excerpt: ...rds iso Geotechnical's Motion for Summary Judgment/Adjudication 3. Declaration of Michael K. Wolder iso Geotechnical's Motion for Summary Judgment/Adjudication 4. Geotechnical's Appendix of Evidence 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication WESTERN NATIONAL BUILDERS' OPPOSITION PAPERS: 1. Western National's Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points ...

Excerpt: ... are necessary to allow Plaintiff to request discovery about whether Plaintiff violated other provisions of the settlement agreement, besides the return of certain Apple electronic devices to Plaintiff. Specifically, Plaintiff suspects Defendant may have breached the non-disparagement clause of the settlement agreement reached in a prior action between the parties. Defendant opposes the motion, and Plaintiff has filed a reply. LEGAL STANDARD Amen...

Excerpt: ... and Peter McNulty MOTIONS This lawsuit arises out of a dispute concerning Defendant and Cross-Complainant BFF Construction, Inc.'s (“BFF”) construction of Plaintiff and Cross-Defendant Nanette James's (“James”) and Cross-Defendant Peter McNulty's (“McNulty”) $5 million Malibu home. James sued to recover for alleged construction defects, and BFF sued James and McNulty for fraudulent inducement, alleging that James and McNulty misrepre...

Excerpt: ...s The Blackpointe Group and Blackpoint Group Construction & Management Inc. (collectively, “Blackpointe”). Blackpointe filed a motion for an order determining good faith settlement. Remaining Defendants Carol Tolchin; CT Prop Management, LLC; and David R. Townley Company (“Remaining Defendants”) oppose the motion. ANALYSIS A. THE LAW GOVERNING GOOD FAITH SETTLEMENTS Under section 877.6 of the Code of Civil Procedure, [1] “[a] determinat...

Excerpt: ...iving Trust, dated September 17, 2007 2. Plaintiffs Bobbie Reif and Dan Herman PLAINTIFFS' MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Plaintiff Bobbie Reif in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Plaintiff Dan Herman in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion ...

Excerpt: ... her to invest in a third-party company which sells weight-loss gum by falsely claiming Mr. Gretzky lost weight from his use of the product. Plaintiff's Second Amended Complaint (“SAC”) filed on April 18, 2023 alleges causes of action against Defendants for fraud and negligent representation. Defendants move to strike the SAC as untimely and in the alternative demur to both causes of action, arguing each fails to state with specificity facts ...