Excerpt: ... the parties' stipulation submitting the parties' claims to arbitration. Page 2 of that stipulation provided “WHEREAS the Parties agree that the Court ordered written discovery closed (depositions and expert discovery can continue); and the deadlines associated with the trial date to file for Motions for Summary Judgment and Motions for Summary Adjudication have passed.” (March 5, 2020 Stipulation and Order Submitting Claims to Arbitration.) ...

Excerpt: ...re To Pay Wages Upon Termination; 3) Breach Of Contract; 4) Breach Of The Covenant Of Good Faith And Fair Dealing; 5) Wrongful Termination In Violation Of Public Policy; 6) Intentional Misrepresentation; 7) Negligent Misrepresentation; 8) Fraudulent Inducement Of Contract; and 9) Accounting. Defendant moves to compel Plaintiff to arbitrate the claims. Plaintiff opposes the motion and Defendant replies. LEGAL STANDARDS – MOTION TO COMPEL ARBITRA...

Excerpt: ...t may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “A general appearance by a party is equivalent to personal service of summons on such party.” (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.) “A g...

Excerpt: .... Defendants Pacific Source Insurance Agency, Inc. (“Pacific”) and Antoinette Turner (“Turner”), who is the Chief Executive Officer, Secretary, Chief Financial Officer, and Director of Pacific Source Insurance Agency (collectively, “Defendants”) demur to the second, twelfth, fourteenth, fifteenth, and sixteenth causes of action alleged in Plaintiff's First Amended Complaint (“FAC”) on the basis that they fail to state a cause of a...

Excerpt: ...enter alleges Defendants Birgitta Lauren (“Lauren”) and Erik K. Yohan AKA Eric Knipe (“Knipe”) (“Defendants”) unlawfully continued to occupy the subject condominium following its foreclosure of the property and subsequent purchase of the property at the foreclosure sale. With possession no longer at issue, Plaintiff's operative complaint seeks damages. Defendants have now brought a cross-complaint against Plaintiff and Mark Crittenden...

Excerpt: ...AC”) on the grounds of uncertainty pursuant to Code of Civil Procedure section 430.10, subdivision (f). Defendants additionally demur to the second and third causes of action for breach of fiduciary duty and intentional misrepresentation for failure to state causes of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendants reply. ANALYSIS 1. DEMURRER “It is black letter law tha...

Excerpt: ...w Gelis (“Defendants”) seek to strike portions of Plaintiff Pericles Chamis's (“Plaintiff”) Fifth Amended Complaint for medical malpractice, breach of fiduciary duty, and intentional misrepresentation. Plaintiff opposes, and Defendants reply. REQUEST FOR JUDICIAL NOTICE Defendants request that the Court take judicial notice of (1) the Notice of Ruling Re: Defendant Jeanne K. Hershey-Weber's (“Hershey-Weber”) Demurrer and Motion to Str...

Excerpt: ...for failure to comply with the Court's September 13 and 20 orders. Moore has not opposed the motion. LEGAL STANDARD When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking a party's pleading or dismissing the action of the party. (Code Civ. Proc., §§ 2023.010, subd. (g), 2023.030, subds. (d)(1) & (d)(3); 2025.450, subd. (h), 2030.290, ...

Excerpt: ...ias Jan Emcke (“Plaintiff”) opposes the motion and Intervenor replies. EVIDENTIARY OBJECTIONS Intervenor objects to various portions of the Carvalho Declaration filed in support of Plaintiff's Opposition. The Court rules on the objections as follows: 1. Overruled 2. Overruled 3. Overruled 4. Overruled 5. Overruled 6. Overruled 7. Overruled 8. Overruled 9. Overruled 10. Overruled 11. Overruled 12. Overruled 13. Overruled 14. Overruled ANALYSIS...

Excerpt: ...ctice; (2) breach of fiduciary duty; and (3) intentional misrepresentation. Defendant Michelle Dinh, M.D. (“Defendant” or “Dinh”), who administered the anesthesia to Plaintiff, demurs to the second and third causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. On reply, Defendant has requested that the Court consid...

Excerpt: ... subleases to separate cannabis businesses. (FAC ¶ 1.) Plaintiff alleges that Defendant misrepresented that these buildings each had 800 AMPS of power capacity, which cannabis businesses require, when they only had 400 AMPS of capacity, which is insufficient to run a cannabis business. (FAC ¶¶ 2-14.) In the First Amended Complaint (“FAC”), Plaintiff has asserted six causes of action: (1) breach of contract; (2) breach of warranty of habita...

Excerpt: ...iff and Cross-Defendant Cheryl Baker, Successor Trustee of the Albert Leon Family Trust dated September 3, 1997 as amended and restated (“Plaintiff”) owns two residential real properties that Defendant and Cross-Complainant Austin Sherman (“Defendant”) resides in and occupies. (First Amended Complaint (“FAC”) ¶¶ 7-9.) Plaintiff brought suit for public and private nuisance, waste, and breach of contract, alleging Defendant is imprope...

Excerpt: ...the hearing on September 12, 2023, the Court determined that Plaintiff had not been served with the notice of motion and motion, and continued the hearing to October 31 to permit Defendant to properly serve Plaintiff. Defendant re-filed the motion for leave to file a cross-complaint, including a proof of service, indicating that Plaintiff was served electronically via Plaintiff's counsel at the email address [email protected] on September 14, 2023....

Excerpt: ...Complainant Andre Wegner (“Defendant” or “Wegner”) for failure to comply with the Court's August 11, 2023 orders, ordering Wegner “to serve verified responses to the FROG, SPROG, and RFP, without objections” and “to pay monetary sanctions in the amount of $1,990 to Plaintiff, by and through counsel for Plaintiff, within 30 days of notice of the Court's orders.” (August 11, 2023 Minute Order.) Wegner has not opposed the motion. LEG...

Excerpt: ...iffs' action failure to bring the action to trial within 5 years after commencement of the action. Plaintiffs have not opposed the motion. LEGAL STANDARD Under Code of Civil Procedure section 583.310, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” (Code Civ. Proc., § 583.310.) “An action shall be dismissed by the court on its own motion or on motion of the defendant, after not...

Excerpt: ... of action and for improper service of the three-day notice to pay or quit. Plaintiff opposes the demurrer. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In ruling on a demurrer, the court must “liberally construe[]” the allegations of the complaint. (Code Civ. Proc., § 452.) “This rule of liberal con...

Excerpt: ... tax advice Defendant allegedly gave to Plaintiff including the sale of real property to Plaintiff's financial detriment. Plaintiff opposes the motion and Defendant has replied. LEGAL STANDARDS – MOTION TO COMPEL ARBITRATION “[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 ano...

Excerpt: ...dant Prohealth Advanced Imaging Medical Group, Inc. (“Prohealth”) moves to compel responses from Defendant and cross-complainant, Hess D. Panah Esq (“Panah”) to Form Interrogatory Number 17 (Set Two) (“FROG-2”); Special Interrogatories (Set Two) (“SROG-2”); and Requests for Admission (Set Two) (“RFA-2”). Prohealth also seeks monetary sanctions in connection with the motions. Panah has not filed oppositions to the motions. LEGA...

Excerpt: ...h were used to access Plaintiff's online accounts, including an iPad in a butterfly case that was used by their young daughter. (Motion at pp. 2-3.) On August 3, the Court granted Plaintiff leave to amend the complaint to add two short statements that “Defendant breached other terms of the Settlement Agreement.” (August 3, 2023 Minute Order.) Following an IDC on September 11, 2023, Plaintiff now seeks to amend the complaint to change paragrap...

Excerpt: ... Living Trust Wendy Eisler, Individually and as trustee for the Eisler Family Living Trust Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. Unlawful Detainer Action On May 11, 2015, the Eisler Defendants to this acüon[l] filed an unlawful detamer complaint agamst Plaintiff Yazmin Ortiz ("Plaintiff') case number 15R02431. (See Exhibits B and C to the Defendants' Feb. 6, 2020 Request for Judicial Notice in...

Excerpt: ...efendant has not opposed the motion for leave to amend. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon lik...

Excerpt: ...dant Creating Culinary Communities, LLC MOTIONS Defendant Creating Culinary Communities, LLC (“Defendant”) demurs to the single cause of action in the complaint for breach of contract for failure to state a claim and uncertainty, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) and (f) on the basis that Plaintiff failed to attach a copy of the contract and did not sufficiently allege the terms of the contract. Plaintiff Sn...

Excerpt: ...(“Defendant”) adjoining building caused damage to Plaintiff's building. Prior to initiating litigation, Plaintiff hired third party consultants Soil Pacific, Inc. and PSFEG, Inc. to evaluate the damage. Also prior to initiating litigation, Plaintiff sent Defendant copies of the consultant reports. Defendants have sent third party subpoenas to both Soil Pacific and PSFEG, seeking their respective records pertaining to Plaintiff's retention of ...

Excerpt: ...��EVM”); and Manfred Mauricio Quintanilla Hernandez (“Hernandez”) (collectively, “Defendants”). Plaintiff requested entry of a default and default judgment against Hernandez in the amount of $465,090, which is composed of past due rent in the amount of $134,575; holdover damages in the amount of $321,448.20; costs in the amount of $2,616.55; and attorneys' fees in the amount of $6,450.24. Plaintiff also requested entry of a default judg...

Excerpt: ...summons and complaint. Plaintiff Alexander Ramos (“Plaintiff”) opposes the motion. Defendant replies. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code ...