Excerpt: ... diagnosed him and failed to render proper treatment. On February 16, 2024, Defendants filed the instant motion for summary judgment. Plaintiff has not filed an opposition. LEGAL STANDARD The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. ...

Excerpt: ...s CONTINUED. Background This action arises from an appeal of an order, decision, or award of the Labor Commissioner in State Case Number WCCM729446 (the “Underlying Action”). On September 16, 2021, in this Court, Appellant Jimmy Wang (“Appellant”) filed a Notice of Appeal indicat ing that he was appealing the decision of the Labor Commissioner in the Underlying Action and attached the order, decision, or award of the Labor Commissioner as...

Excerpt: ... the Implied Warranty of Merchantability, (5) F raudulent Inducement -Concealment, and (6) Negligent Repair. The first five causes of action are pled against Defendant Ford Motor Company. Ford filed the instant demurrer on November 17, 2023. Plaintiff filed an opposition on April 23, 2024. Ford filed a reply on April 29, 2024. Before the Court are Ford's challenges to the 2nd, 4 th and 5 th causes of action in the First Amended Complaint. II. DEM...

Excerpt: ... agreement and accepted a different offer. Plaintiff asserts causes of action for (1) breach of written contract and (2) declaratory relief. Defendant Jeffrey Riddell, Trustee of the Jeffrey & Katrina Riddell Living Trust, demurred to the Complaint. On April 19, 2024, Plaintiff filed a First Amended Complaint. TENTATIVE RULING: Defendant's Demurrer to the Complaint is MOOT by the filing of a First Amended Complaint. Plaintiff to give notice, unle...

Excerpt: ... transmission system which is alleged to have a series of known defects causing hesitation, shuddering, and shifting issues. Defendant Ford Motor Company demurs to the third cause of action for violation of Civil Code section 1793.2(a)(3) and the fifth cause of action for fraudulent concealment. TENTATIVE RULING: Defendant's Demurrer to the Complaint is OVERRULED. DISCUSSION: Defendant Ford Motor Company demurs to the third cause of action for vi...

Excerpt: ... Cassandra Catapia and Sergio Velasquez T/R: DEFENDANTS' DEMURRER IS OVERRULED. THE MOTION TO STRIKE IS DENIED. DEFENDANTS TO FILE AND SERVE ANSWERS TO THE FIRST AMENDED COMPLAINT WITHIN 30 DAYS OF NOTICE OF RULING. DEFENDANTS TO NOTICE If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court ...

Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...

Excerpt: ...fficiently state facts to support each claim. Defendant also moves to strike the prayer for punitive damages. The demurrer is sustained without leave to amend and the motion to strike is denied as moot. A demurrer should be sustained only where the defects appear on the face of the pleading or are judicially noticed. (Code Civ. Pro., §§ 430.30, et seq.) As is relevant here, a court should sustain a demurrer if a complaint does not allege facts ...

Excerpt: ...nd Joshua Sawicki filed this action against Defendants James S. Bekhor Insurance Services Inc. d/b/a Active Insurance and JSB Holdings LLC On December 12, 2024, Plaintiff Joshua Sawicki filed a motion for summary adjudication. At the March 15, 2024 hearing, the Court ordered the parties to file an amended separate statement and supplemental briefing, and it continued the hearing. FACTUAL BACKGROUND All of the Amended Separate Statement's material...

Excerpt: ... e 4. Intentional Infliction of Emotional Distres s 5. Private Nuisance 6. Violation of Business & Professions Code 17200, et seq . RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 4 th cause of action (¶¶49 -53), the 6th cause of action (¶¶62 -68) and the prayers for relief related to the 4 th and 6 th causes of action (Prayer ¶¶9 -11, 15) . RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is ...

Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...

Excerpt: ...25,000.00 of that amount. BACKGROUND: On April 8, 2022, Chavez General Construction, Inc. (“Chavez”) filed its Verified Complaint against David Moezinia (“Moezinia”) on causes of action of breach of contract, common counts, and mechanic's lien foreclosure. On May 20, 2022, Chavez filed its Amendment to Complaint. On June 23, 2022, Moezinia filed: (1) Verified Answer to the Complaint; and (2) Verified Cross - Complaint (“Moezinia Cross-C...

Excerpt: ... settled this Song- Beverly matter and have agreed that Plaintiff Jorge Gonzalez Luna is the prevailing party entitled to fees and costs under Civil Code section 1794, subdivision (d). Plaintiff moves for an order awarding attorneys' fees under the lodestar method in the amount of $24,204.50. Plaintiff also requests $2,886.55 in costs. The total requested is $27,091.05. Plaintiff leased a new 2020 Ford Explorer Sport from Bob Wondries Ford (deale...

Excerpt: ...e implied covenant of good faith and fair dealing, (2) breach of contract, and (3) violation of Business and Professions Code section 17200. Plaintiff alleges Defendant has failed to provide coverage for medically necessary emergency services despite a contractual obligation to do so. Defendant Oscar Health Plan of California now moves for judgment on the pleadings of the third cause of action for violation of section 17200. Plaintiff opposed. TE...

Excerpt: ...h 26, 2024, Defendant filed the instant MJOP. On April 23, 2024, Plaintiff filed an opposition. On April 26, 2024, Defendant filed its reply. Discussion In 2019, the California Legislature passed Assembly Bill 218 (“AB 218”), which took effect January 1, 2020, and made several significant changes to Code of Civil Procedure section 340.1 (“CCP § 340.1”)— the statute of limitations for claims of childhood sex ual abuse. [1] Among other t...

Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...

Excerpt: ...ervices to high-net -worth customers. Through the course of business, Plaintiff alleges it maintained “customized invoices” and “customized contracts” as an a dvantage over its competitors. Plaintiff alleges two of its former employees, Defendants Jonathan Goldhammer and Itay Zeltser —along with Goldhammer's wife, Moran Vaknin—stole Plaintiff's trade secrets to use in a competing business, Defendant Sequoia Pools and Masonry, Inc. Def...

Excerpt: ...2019, Plaintiff Enrique Restrepo suffered severe bodily injuries when Defendant's vehicle struck the plaintiff's motorcycle and caused him to be ejected and fall on the road. (Compl. , ¶¶ 9 - 13.) On December 15, 2023, Defendant served his expert witness designation, identifying six retained experts and ten non -retained experts. (Abkarian Decl., ¶ 5 & Exh. C.) Plaintiffs contend that Defendant has improperly designated two expert neurologists...

Excerpt: .... Plaintiff alleges Defendant Westfield negligently maintained and owned certain property in Canoga Park, which created a dange rous condition on the floor of the subject premises. As a result, Plaintiff slipped and fell when she encountered the dangerous condition. On August 1, 2023, Plaintiff named Universal Protection Service, LP as DOE 1. [TENTATIVE] RULING Defendant UPS' Motions for Relief from Waiver of Objections to Plaintiff's Special and...

Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...

Excerpt: ...ant sent out written discovery, including two sets of form interrogatories. Plaintiffs responded, but defendant did not believe that the responses were compliant. Defense counsel sent a meet and confer effort, to which the response was “File your motions.” Plaintiffs attempted to set an IDC, but the court took it off calendar because defendant had not agreed to it. Parenthetically, the court will never conduct an IDC with a record like this. ...

Excerpt: ...evidence, argument, and comment concerning plaintiff's subjective opinion on the ultimate issue of retaliation. The Court denies the motion. The Court will not micromanage the manner in which Yang testifies about the basis for his claim that he was retaliated against. However, the Court will deal with objections as to relevance and foundation on a question -by - question basis. 2. MIL #2 : GWCC moves to exclude testimony, evidence, argument, and ...

Excerpt: ...at a Home Depot store fell and hit him. On June 15, 2022, Plaintiff filed the Complaint in this action asserting a cause of action for negligence against Defendants Home Depot U.S.A., Inc. (“Defendant”) and Does 1 through 10. Defendant filed an answer on August 16, 2022. After some prior efforts, on October 13, 2023, Plaintiff noticed the deposition of the Defendant's person most qualified (“PMQ”) on 8 topics (some with sub -parts) and re...

Excerpt: ...ence, surprise or neglect.” (CCP § 473(b).) The attorney affidavit of fault must contain a “straight forward admission of fault.” (State Farm Fire & Casualty Co. v. Pietak (2001) 90 Cal.App.4th 600, 610.) But it need not contain an explanation of the reasons for the attorney's mistake, inadvertence surprise or neglect. ( Martin Potts & Assocs., Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 438 -441.) Relief must be granted “unless the...

Excerpt: ...vices, Inc. (DWWS), Rona Kay (Kay), and Does 1 through 10, all eging violations of FEHA, wrongful discharge, defamation, and intentional infliction of emotional distress. The operative First Amended Complaint, filed January 29, 2020, adds Defendants Diana Eid (Eid) and Janae Bueno (Bueno) and asserts additional FEHA claims. Eid and Bueno were subsequently dismissed on summary adjudication, along with certain FEHA claims. Plaintiffs worked for Dis...