Excerpt: ...LC and Survivors Trust Under the Sampson Family Trust (collectively “Defendants”). Plaintiffs allege Defendants failed to provide required services to Jeri Laird, ultimately resulting in her death. Defendants bring this demurrer to Plaintiffs' causes of action for elder abuse, violation of patient's rights, and wrongful death, alleging each fails to state sufficient facts to constitute a cause of action against Defendants and is uncertain und...

Excerpt: ... Court granted Plaintiff's motion on August 5, 2022. Defendant now moves to quash Plaintiff's service by publication. Plaintiff opposes the motion. Objections to Evidence The Court OVERRULES Plaintiff's objection #3 to the declaration of G. Scott Sobel. The Court does not rule on Plaintiff's remaining objections as it did not rely on the evidence challenged by those objections. Legal Standard “A defendant . . . may serve and file a notice of mo...

Excerpt: ...ssell Construction (“Russell”), who lent Plaintiff's services to Defendant Del Amo Construction, Inc. (“Del Amo”) on the project. Del Amo contracted with Defendant Engel Holdings, Inc. dba Cabrillo Hoist (“Cabrillo”) to install the hoist which ultimately injured Plaintiff. Cabrillo now moves for summary judgment, or, alternatively, summary adjudication as to Plaintiff's claims against it, Del Amo's Cross-Complaint against it, and Plai...

Excerpt: ... oppose Plaintiff's motion. Legal Standard Code Civ. Proc. § 1048 provides “[w]hen actions involving common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The purpose of consolidation is to avoid un...

Excerpt: ...m trespassed on Plaintiffs' property or directed other people to trespass on their property, and cut down trees, plants, and other vegetation on Plaintiffs' property. On June 1, 2022, Plaintiffs filed an amendment to their Complaint substituting Defendant Valentino Green Landscape, Inc. (“Defendant”) for Doe 1. Plaintiffs' Complaint alleges causes of action against Defendant for negligence, negligent trespass to timber, intentional property d...

Excerpt: ...ty. The remaining ten units at the Property together form a common interest development subject to the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”) (Civ. Code, § 4000 et seq.). The development is governed by the Fifteen Zero Eight Twelfth Street Homeowners Association (“HOA”) and is subject to recorded covenants, conditions, and restrictions (“CC&R's”). The daily operations of the HOA were conducted by BLN Pr...

Excerpt: ...or the property. The Court issued a TRO enjoining the sale pending hearing on a preliminary injunction. On May 26, 2021, the Court granted Plaintiff's request for a preliminary injunction, setting the bond at $250,000. Defendant brings this motion to modify or, alternatively, dissolve the preliminary injunction based on what it contends is a material change in the facts underlying the injunction. Plaintiff opposes Defendant's motion. The hearing ...

Excerpt: ...ingleton”) to rework fire sprinklers to accommodate a new floor plan at the Premises, which was occupied by Plaintiff. On October 11, 2016, Singleton's employee mistakenly cut the domestic water line causing the pipe to rupture and flood the Premises. In its operative First Amended Complaint, Plaintiff named defendants Sentinel Insurance Company, Ltd., its own insurer; Newport Office Center V Associates LLC, NOC V Land Company LLC, and 561 Nort...

Excerpt: ... filed a Cross-Complaint against the roofer, Cross-Defendant United Roofing Co. (“Cross- Defendant”), Freedman subsequently filed a First Amended Cross-Complaint (the “Freedman FACC”) on December 9, 2020, alleging causes of action against Cross-Defendant for intentional misrepresentation, concealment, fraud, negligence, products liability, indemnification, and apportionment of fault. Freedman subsequently dismissed the Freedman FACC with ...

Excerpt: ...r rest breaks to her and other of Defendants' employees. Defendants move the Court to compel arbitration of Plaintiff's individual PAGA claims and dismiss any claims brought under PAGA in a representative capacity on behalf of Defendants' other employees. Plaintiff opposes the motion. Request for Judicial Notice Plaintiff requests the Court take judicial notice of the California Supreme Court's granting review in the case styled Adolph v. Uber Te...

Excerpt: ...attachment on his cause of action for breach of contract in the amount of $176,200. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010.) The application shall be executed under oath and must include: (1) ...

Excerpt: ...perature Equipment Corporation (“TEC”) failed to construct Plaintiffs' home according to Plaintiffs' specifications. Plaintiffs' operative complaint is the Fourth Amended Complaint (“FAC”) filed on June 30, 2022. TEC previously brought motions to strike Plaintiffs' claim for punitive damages and Plaintiffs' cause of action for violation of Business & Professions Code § 17200 asserted in Plaintiffs' prior Second and Third Amended Complain...

Excerpt: ...ach of fiduciary duties, and (4) conversion. Defendant previously demurred to the first, third, and fourth causes of action asserted in the Complaint. The Court sustained Defendant's demurrer as to the third and fourth causes of action and grated Plaintiff leave to amend. Defendant also previously moved to strike Plaintiff's allegations concerning punitive damages and attorney's fees. The Court denied Defendant's motion as to Plaintiff's claim fo...

Excerpt: ...G and Consul in October 2018. Plaintiffs allege Consul began a pattern of unusual and suspicious trading behavior shortly after entering in the Brokerage Agreement. Plaintiff alleges it conducted an investigation which revealed stock manipulation and conversion by Defendants. Consul previously brought an action in federal court alleging causes of action stemming from the relationship between Consul and Rainier AG. Plaintiffs allege this federal a...

Excerpt: ...ive pleading is the First Amended Complaint (“FAC”) filed on June 2, 2022, which alleges causes of action against Defendants for (1) breach of written contract, (2) breach of oral contract, (3) fraud, (4) negligence, (5) professional negligence, and (6) disgorgement under Business and Professions Code § 7159. Defendants bring this demurrer to the first, third, fourth, and fifth causes of action asserted against them in the FAC, alleging they...

Excerpt: ...ourt. Judgment was entered in favor of Defendants on this prior action in May 2022 on the basis of a defect in Plaintiff's three-day notice to pay under they COVID-19 Rental Housing Recovery Act. Defendants bring a demurrer to Plaintiff's instant Complaint, arguing Plaintiff's claims are barred by the doctrine of res judicata stemming from the judgment in the prior action. Request for Judicial Notice Plaintiff and Defendants request the Court tak...

Excerpt: ...t financial discovery as to Defendants Ray Consulting Group Ventures, Inc.; Rayco Electronics Manufacturing, Inc.; Suraj Development Corp.; Usha Patel; and Mayan Patel in connection with his claim for punitive damages. Objections to Evidence Plaintiff's objections to the Declarations of Lorraine Anderson and Mayan Patel are OVERRULED with the exception of Plaintiff's objection to paragraph 31 of the Mayan Patel Declaration, which is SUSTAINED. Le...

Excerpt: ... filed an Answer on February 10, 2022. Plaintiff moves for summary judgment, or, in the alternative, summary adjudication of its claims against Defendant. Plaintiff's motion is unopposed. Summary Judgment Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the act...

Excerpt: ...t further alleges that defendants produced and filmed Jeepers Creepers IV without Cross-Defendant's knowledge or involvement, even though Cross-Defendant had been working with defendants to develop the sequels throughout 2018 and 2019. Once the film was shot, Defendants purported to extend to Cross-Defendant a right of “last negotiation” which was illusory because defendants had already granted distribution rights to Cross-Defendant's competi...

Excerpt: ...y the parties as joint tenants. Pursuant to the parties' stipulation, following the sale of the property on July 29, 2021, each party received an equal initial payment of $125,000 and the remaining proceeds, totaling $486,450, remained in escrow to be allocated between the parties at a later date. Plaintiff's motion is unopposed. Legal Standard Under Code Civ. Proc. § 873.820, the proceeds of sale for any property sold shall be applied in the fo...

Excerpt: ...iff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) declaratory relief, (2) quiet title, (3) trespass, (4) declaratory relief, and (5) quiet title. This action involves determination of the bounds of a floating easement on Defendant's property created in 1997 by two judgments (the “Roadway Easement”). Plaintiff alleges this case is necessary to establish where the easements are to be placed on Defend...

Excerpt: ...was later discharged and replaced with Defendants and Cross-Defendants Schwimer Weinstein, LLP (“Schwimer”) and the Simon Law Group (“Simon”). Schwimer and Simon obtained a favorable verdict for Cabezas. Plaintiff seeks payment of its reasonable attorney's fees and costs for the legal work performed in its representation of Cabezas. Cabezas has cross-complained, asserting a cause of action for declaratory relief against Plaintiff, Schwime...

Excerpt: ...f the affirmative defenses asserted in the operative Amended Answer filed by Defendants on June 23, 2022, arguing they do not state facts sufficient to constitute a defense under Code Civ. Proc. § 430.20(a). Legal Standard A party against whom an answer has been filed may object by demurrer to the answer. (C.C.P. § 430.20.) A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regardi...

Excerpt: ...022, on the basis of uncertainty and granted Plaintiff leave to further amend her Complaint. Plaintiff filed a Third Amended Complaint (“TAC”) on March 2, 2022, alleging causes of action for (1) fraud and bad faith, (2) breach of contract and fiduciary duty, (3) intentional misrepresentation, (4) misrepresentation, (5) false or lack of insurance coverage, and (6) deceit. The Dolan Defendants now bring this demurrer to each cause of action ass...

Excerpt: ...as Keller Williams, Inc. (“Keller Williams”) and Ashraf Spahi (“Spahi”), who represented Defendants in connection with the sale . Defendants bring this demurrer to Plaintiff's third cause of action for deceit, fourth cause of action for negligent misrepresentation, and fifth cause of action for breach of contract, alleging each fails to state sufficient facts to constitute a cause of action against Defendants and is barred by the statute ...