Excerpt: ... tracking the prevalence of the TIPM (Totally Integrated Power Module), Engine, and Transmission Defects plaguing Plaintiffs' vehicle, establishing that FCA previously knew of said defects but nevertheless refused to repurchase the vehicle. Plaintiffs claim the responses consist of pure, boilerplate objections and utterly non- responsive statements and that FCA has failed to provide any e-mails and other electronically stored information or searc...

Excerpt: ...pposition: 1:3- 6). Indeed, a review of the Complaints attached to Defendant's Request for Judicial Notice confirms the prior Complaints overlap with the Complaint herein. (See Exhibits A through D to Defendant's RJN). The claims asserted within these Complaints are asserted against Defendant Windsor Capital Group, Inc. and encompass identical classes. (See ¶1 of Exhibit A, ¶13 of Exhibit B, ¶2 of Exhibit C and ¶16 of Exhibit D to Defendant's...

Excerpt: ... action. (People v. Superior Court (Cahuenga's the Spot) (2015) 234 Cal.App.4th 1360, 1376.) A complaint need only meet fact-pleading requirements, which requires a statement of facts constituting a cause of action in ordinary and concise language, and should allege ultimate facts that, as a whole, apprise defendant of the factual basis of the claim. (Code Civ. Proc. §425.10(a)(1); Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) In ruling...

Excerpt: ...20; February 22, 2021; and March 16, 2021, without substantial justification despite Lone Oak's efforts to meet and confer in good faith; that Z-Wang cancelled the agreed-upon depositions for February 22, 2021 and March 16, 2021, at the last minute, and that Z-Wang's high blood pressure is an insufficient excuse to avoid deposition as he is in possession of information important to the issues in the lawsuit. Lone Oak also contends that monetary s...

Excerpt: ...ction 51 et seq. under either of two grounds asserted: (1) a predicate violation of the American with Disabilities Act, 42 U.S.C. § 12181, et seq. (the “ADA”); and (2) an alleged intentional discrimination against disabled persons in the provision of facilities and services. As to the first ground, Defendant contends that the Complaint fails to allege any “nexus” between the alleged barriers encountered on the Website and the alleged con...

Excerpt: ...ended pleading remain within the court's cognizance and the alteration of such statements by amendment designed to conceal fundamental vulnerabilities in a plaintiff's case will not be accepted.” (Lockton v. O'Rourke (2010) 184 Cal.App.4th 1051, 1061). Likewise, if a party files an amended pleading and attempts to avoid the defects of the original Complaint by either omitting facts that rendered the prior Complaint defective or by adding facts ...

Excerpt: ... as to El Gaucho #2 and El Gaucho #11 because Plaintiff failed to allege any facts identifying the location where she worked and/or whether El Gaucho #2 or El Gaucho #11 actually employed her such that they should be included in this lawsuit and held liable for her claims. The FAC alleges that El Gaucho #2 and El Gaucho #11 were operated by, managed by, wholly owned by, alter-egos of, and for all purposes existed as one-in the same with defendant...

Excerpt: ...nt. (¶27(b), ¶28, ¶38 and ¶60 of Complaint). Thus, Plaintiff alleges “unnecessary and injurious methods of operation,” which prevent the application of the immunity articulated in C.C.P. §731a. Additionally, Plaintiff's allegations of negligence assert conduct which is not expressly authorized by statute, as contemplated in Civil Code §3482. The potion of the Demurrer directed to Plaintiff's claims for Negligence, however, is SUSTAINED,...

Excerpt: ...d access. (Id. at ¶ 5.) The easement has been subject to litigation between Defendant Yee and the prior property owners, resulting in Stipulated Judgments in 2003 and 2013. (Id. at ¶¶ 5-9.) After learning of the prior stipulated judgments, Plaintiff approached Defendant in an attempt to avoid any litigation related to the easement. (Complaint ¶ 10.) Defendant responded by stating, through counsel, a number of objections to the proposed housin...

Excerpt: ...ent to the Settlement, an amended proposed Notice and preliminary approval order are submitted, redlined versions showing all changes, deletions, and additions must also be submitted electronically to the Court, else they will not be reviewed. 1. There is a place in the Settlement for Defendant's authorized representative to print a name, but that has not been completed. 2. The operative Complaint (FAC ¶ 20) contains a limitation to “Janitoria...

Excerpt: ...dants may have had in the property was extinguished by payment in full of the underlying debt. This motion was originally calendared for August 12, 2021, but the court questioned whether a quiet title action could be determined on a summary judgment motion given that a quiet title action could not be determined on default by way of a 585 packet; a hearing was required. (ROA 707.) The parties were given the opportunity to file additional points an...

Excerpt: ...RRULED. Defendants' objections (ROA 1251 and 1254) to Plaintiff's Request for Judicial Notice are OVERRULED. Plaintiff's request for judicial notice (ROA 1192) is GRANTED. The Court SUSTAINS Plaintiff's Objection No. 1 (ROA 1264) to the entirety of the Philips Declarations and exhibits thereto (ROA 1251 and 1256) for noncompliance with CCP § 2015.5 for failing to state they were signed under penalty of perjury under the laws of the State of Cali...

Excerpt: ...he dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action.” (People ex rel. Dep't of Transportation v. Superior Ct. (1992) 5 Cal.App.4th 1480, 1484–1485 [citing Gov. Code § 835; Dominguez v. Solano Irrigation Dist. (1991) 228 Cal.App.3d 1098, 1102].) The City first argues that the s...

Excerpt: ...t to a subpoena served on February 19, 2021. Bowermaster moves pursuant to Code of Civil Procedure section 1987.1 and 2025.480. Code of Civil Procedure section 1987.1 states, in part, “(a) If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonab...

Excerpt: ...heard no later than 30 days before the date of trial, unless the court for good cause orders otherwise.” The 30-day “cut-off” under Section 437c is measured from the trial date in effect when the summary judgment motion is made. (Green v. Bristol Myers Co. (1988) 206 Cal.App.3d 604, 609; Soderberg v. McKinney (1996) 44 Cal.App.4th 1760, 1765 fn. 4.) “The importance of providing the minimum statutory notice of a summary judgment hearing ca...

Excerpt: ...fendant moving for summary judgment bears the initial burden to show the plaintiff's action has no merit. It may do this by demonstrating the action has no merit, that plaintiff cannot prove an element of his or her claim, or that it has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851.) If a plaintiff has pleaded several theor...

Excerpt: ...s Defendant Casa de Laguna Owners Association, Inc. (ROA 110, Notice of Mtn. at 1:26; see also Memorandum of Points and Authorities at 3:3-4.) As an initial matter, the court finds Casa de Laguna does not have standing to bring the Motion. “ ‘Standing' is a party's right to make a legal claim and is a threshold issue to be resolved before reaching the merits of an action.” (Said v. Jegan (2007) 146 Cal.App.4th 1375, 1382. In Librers v. Blac...

Excerpt: ...tion 473(d) (“Section 473(d)”) provides that a judge may, on motion of either party and after notice to the other party, set aside any void judgment or order. The court retains the inherent power to vacate orders on equitable grounds where a party establishes that the judgment or order was void for lack of due process or resulted from extrinsic fraud or mistake. (County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1228 [citing Ansley v...

Excerpt: ... it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal), our Supreme Court set for...

Excerpt: ... agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the revocation of the agreement.” Toal v. Tardif (2009) 178 Cal.App.4 th 1208, 1219, provides, “In Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 58 Cal.Rptr.2d 875, 926 P.2d 1061 (Rosenthal ), our Supreme Court set forth the procedure to b...

Excerpt: ...hat there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant or cross-defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The defendant or cross-defendant shall not rely upon the al...

Excerpt: ...e motion for summary judgment and summary adjudication must be denied. “[T]he moving party should ‘“[i]nclude only those facts which are truly material to the claims or defenses involved because the separate statement effectively concedes the materiality of whatever facts are included. Thus, if a triable issue is raised as to any of the facts in [the] separate statement, the motion must be denied!”'” (Insalaco v. Hope Lutheran Church of...

Excerpt: ...mplied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation...

Excerpt: ...sserted in Exhibits 1 and 4. (Sosinsky v. Grant (1992) 6 Cal.App.4 th 1548, 1564-1570.) The court DENIES the Request for Judicial Notice as to Exhibit 5. Petitioner (Shahrouz Jahanshahi) has brought a Petition for Writ of Mandate (filed on 2-10- 21 in the Los Angeles County Superior Court, and filed under ROA No. 2 in the Orange County Superior Court) against Respondent pursuant to Code of Civil Procedure section 1085. Code of Civil Procedure sec...

Excerpt: ...ourth fifth, sixth, seventh, eighth, ninth, and seventeenth causes of action contained in Cross-Complainant's (Ron Thauer) First Amended Cross-Complaint (FACC). Cross-Complainant filed the FACC on 11-14-19 under ROA No. 182. “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but al...