Excerpt: ... Tveritna argues that plaintiff's negligence claim against her is insufficiently alleged because he has not alleged any specific facts showing that her alleged failure to summon medical aid for him for two hours after he first told her about his symptoms caused him any additional harm beyond what he had already suffered as a result of receiving the Covid-19 vaccine. She contends that his new allegations in the first amended complaint are nothing ...

Excerpt: ...old print. If a timely request for oral argument is made, such argument will be entertained on September 20, 2023, at 3:30 p.m. Explanation: A party may file a general demurrer on claims that "[tlhe pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 demurrer can be utilized where the complaint itself is incomplete ....' [Citations.]" l.) ...

Excerpt: ...3:30 p.m. in Department 503. Explanation: On September 3, 2020, plaintiff Carlos Aguilar ("Plaintiff") filed the instant action for two causes of action: general negligence, and premises liability. Plaintiff alleged that on September 7, 2018, he slipped and fell at Jetro Restaurant Depot due to soap on the floor. Defendant RD America, LLC ("Defendant"), erroneously sued as Jetro Restaurant Depot, now seeks summary judgment of the Complaint. Defen...

Excerpt: ...ee-prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determining whether the opposition demonstrates the existence of a triable issue of material fact. (Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 485, 493.) The moving party bears the burden of showing the court that t...

Excerpt: ... However, "[al motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty." (CCP S 437c(f)(1); see also Catalano v. Superior Court (20CO 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibitedl.) The ultimate burden of persuasion rests on defendant, as the moving party. The initial burden of production is on defendant to show by a preponde...

Excerpt: ...ded Cross-complaint, which will run from service by the clerk of the minute order. New allegations/language must set in boldface type. Explanation: Cross-Defendant SpotOn Transact, LLC ("SpotOn") demurs to the third and fourth causes of action in cross complainants' second amended cross-complaint (SACC) on the basis that each falls to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. (e).) Additionally, SpotOn dem...

Excerpt: ...or Production of Documents (set three) within twenty (20) days from the date of this order. Plaintiff Kathleen Slatic shall pay monetary sanctions of $807.50, payable to counsel for Daniel Ashley within twenty (20) days from the date of this order. To set a status conference on Tuesday, November 13, 2023 at 3:30 p.m. in Dept. 403 re compliance with this order and the imposition of issue/terminating sanctions. On or before November 1, 2023 Plainti...

Excerpt: ...herein on October 5, 2022. Plaintiff's complaint, against each of the other drivers, alleges a claim for negligence resulting in personal injury and property damage. On November 8, 2022, defendant Macias filed his general denial and asserted six (6) affirmative defenses. Subsequently, the parties entered into a stipulation whereby plaintiff was to file a first amended complaint. On March 30, 2023, defendant Mac:ias filed his answer to the first a...

Excerpt: ...Kræker, M.D. ("Defendant") brings the present general demurrer as to the first cause of action, for medical battery, for failure to state facts sufficient to constitute an action. On a demurrer a court's function is limited to testing the legal suffciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of disputed facts. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113-...

Excerpt: ...t against plaintiff and cross-defendant Michael Menefee ("Cross-Defendant") regarding the use and enjoyment of 9714 South Leonard Avenue, Selma, California (the "Property"). Cross-complainants bring two causes of action of assumpsit, for unpaid rent, and for unjust enrichment. Cross-Defendant brings the instant demurrer to the Cross-complaint on several grounds: (1) the first cause of action fails to state the nature of the contract; (2) the firs...

Excerpt: ...nfliction of emotional distress ("IIED"), cross-complainant Stacey Aprile filed the FACC. Doe purports to demur to both causes of action, including the second cause of action for harassment, but does not address the second cause of action at all. The court will only address the first cause of action. The elements of a cause of action for IIED are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disre...

Excerpt: ...Code Civ. Proc., S 473, subd. (b), first sentence.) The court denies the request for relief from waiver of objections, but grants defendant relief from the court's October 25, 2022 order pursuant to Code of Civil Procedure section 473, subdivision (b), on the condition that defendant agrees to participate in a pretrial discovery conference regarding the at-issue discovery, and agrees to extend plaintiff's deadline for filing a motion to compel fu...

Excerpt: ...st possess and exercise "that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances." (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: "(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a brea...

Excerpt: ...rizes the court to make an order that the trial of any issue shall precede the trial of any other issue "when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing[.l" The objective of bifurcation "is avoidance of the waste of time and money caused by the unnecessary trial of damage questions in cases where the liability...

Excerpt: ...Group, LLC's Answer to Complaint filed on January 20, 2022; (2) PEP Partners, LLC's and LJ88C Group, LLC's Crosscomplaint filed on January 20, 2022; and (3) PEP Partners, LLC's and UBBC Group, LLC's Answer, filed on May 17, 2022, to Cross-complaint of Green Capital Investments, LLC and Green Capital Management Services, Inc. The court also enters the defaults of PEP Partners, LLC and UBBC Group, LLCto the complaint of plaintiff West Elm, LLC, and...

Excerpt: ...re are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc„ 5437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) In determining a motion for summary judgment, "'we view the evidence in the light most favorable to plaintiffs'" and "'liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant['sl own evidence, in order to resolve any evide...

Excerpt: ... 1240.010.) The State has adopted the required resolution of necessity. (Code Civ. Proc. S 1240.040.) The State has deposited with the State Treasury the probable amount of compensation. All defendants who have appeared and not disclaimed any interest in the property have been timely served with the motion for possession. (Code Civ. Proc. S 1255.410.) Since the motion is opposed, in orderto grant the motion, the court must also find: (C) There is...

Excerpt: ...rbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respndent to arbitrate the controversy it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been wa-ved by the petitioner; or (b) Grounds exist for the revocation o...

Excerpt: ...contnues the matter to Thursday, September 28, 2023, at 3:30 p.m. in Department 503, to allow moving party to file a supplemental declaration addressing the issues explained below. The supplemental declaration must be filed on or before 5:00 p.m. on September 20, 2023. Explanation: It is proper to set the dismissal aside, since that is the only way anyone can make a claim to the funds. However, it is not yet clear that moving party Phyllis E.F. J...

Excerpt: ...against Plaintiff Tentative Ruling: To grant defendant's motion to deem requests for admissions admitted. The truth of the matters specified in the Request for Admissions, Set One, are to be deemed admitted, unless plaintiff serves, before the hearing, a response that is in substantial compliance with Code of Civil Procedure section 2033.220. To grant defendant's motion to compel JK Wholesale to Comply with the Subpoena. Within 10 days of service...

Excerpt: ... of arbitration of plaintiff's first, second, third, fourth and seventh causes of acton. Explanation: Defendants move the court for an order compelling plaintiff to arbitrate the claims of her complaint pursuant to Code of Civil Procedure section 1281.2. Upon commencing her employment with McCormick Barstow, LLP, plaintiff signed an arbitration agreement wherein plaintiff agreed to submit to arbitration "any and all disputes, claims or controvers...

Excerpt: ...s of 10 and 13 years, from 6th to 8th grade. Monson-Sultana now moves for summary judgment or, alternatively, summary adjudication. Summary Adjudication Monson-Sultana does not move for summary adjudicaton of any particular causes of action, but that "No Administrative or Supervisory Employee of Monson- Sultana Joint Union Elementary School District Had Prior Knowledge, Nor Any Reason to Know, That David Blancas Had A Dangerous Propensity to Abus...

Excerpt: ...ctively "Defendants") seek to dismiss the First Amended Complaint by Plaintiffs Lennice Muhammad and Julia Dudley (collectively "Plaintiffs") for failure to comply with the court's May 31, 2023 order granting Plaintiffs the relief they sought, for leave to file an amended pleading. Defendants filed the instant motion on July 7, 2023, more than 30 days after leave was granted. At the time of filing, no amended pleading had been filed. Accordingly,...

Excerpt: ...wners who assigned to plaintiff their claims arising from the alleged impro#r foreclosure of their homes. Wells Fargo has demurred to the First Amended Complaint ("FAC") and all causes of action. Plaintiff's Suspended Corporate Status Wells Fargo first contends that because plaintiff had been suspended, it lacks capacity to sue. However, with the Request for Judicial Notice, plaintiff submits evidence that its status has been reinstated. As of Ma...

Excerpt: ...ted to submit to this court, within 7 days of service of the minute order, a Proposed Judgment dismissing the action. Explanation: In 2021, Astroturf was awarded contracts for the addition of turf to McLane High School and Sunnyside High School in Fresno Unified School District. Plaintiff Dominick aerarducci, a manager for Astroturf, alleges defamatory statements were published by defendant Fresno Unified School District (FUSD) within a September...