Excerpt: ... Objections to Plaintiff's Expert's Declaration Nos. 1, 2, 4, 5, and 6, are SUSTAINED and Nos. 3 and 7 are OVERRULED. Plaintiff failed to comply with California Rules of Court, Rule 3.1110(f)(4), which provides: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmar...

Excerpt: ...nknown what other water source there could be for that drain. There is also a factual dispute as to whether there are other contributing water sources, such as the many residences along the street upstream from where the plaintiff slipped and fell. But neither of these factual disputes appear material to whether the release of water into the street drainage system created a dangerous condition as to the plaintiff. For example: Is there any eviden...

Excerpt: ...ndant contends the proposed new claims are barred by res judicata based on the settlement in the related Gonzalez Action and that the additional proposed PAGA representatives waived their right to be PAGA representatives based on Releases they allegedly signed when they were terminated from their employment. However, Defendant concedes at least some of the new claims are not barred by to the Gonzales judgment, such as the failure to provide a saf...

Excerpt: ...ury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616. “Even as against a special demurrer, a plaintiff is required only to ‘set forth in his complaint the essential facts of his case with reasonable precision and with particularity sufficiently specific to acquaint the defendant of the nature, source, and extent of his cause of action.'” “[A] pleading is adequate so long as it apprises the defendant of the factual basis for th...

Excerpt: ...be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky v. Grant (1992) 6 Cal.App.4th 1746, 1749. “...

Excerpt: ...dge of falsity (or “scienter”); (c) intent to defraud, i.e. to induce reliance; (d) justifiable reliance; and (e) resulting damage.” ' ” (Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal. 4th 951, 974.) “In California, fraud must be pled specifically; general and conclusory allegations do not suffice.” (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.) “This particularity requirement necessitates pleading facts which show how,...

Excerpt: ...1 states: “(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with t...

Excerpt: ...re granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal citations and quotation marks omitted.) Also, “[a] demurrer for uncertainty shou...

Excerpt: ...etermining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.”].) “This rule of liberal construction means that the reviewing court draws inferences favorable to the plaintiff, not the defendant.” (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238.) A demurrer “admit[s] all the properly pleaded material facts” and “even the most improbable alleged facts...

Excerpt: ... 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 also of those facts that may be implied 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 sectio...

Excerpt: ... A judgment in that action will not affect the present lawsuit. Thus, C.C.P. § 430.10(c) is inapplicable. In addition, Defendant failed to show that there is a defect or misjoinder of parties such that C.C.P. § 430.10(d) would apply. There are no allegations that a necessary party is missing or that plaintiff or defendant are improperly joined. Thus, C.C.P. § 430.10(d) is inapplicable. There is also no evidence that Plaintiff has engaged in an...

Excerpt: ... wall which Plaintiffs also contend is part of their Property. (See Complaint, ¶¶ 10-15.) These allegations merely support claims for trespass or encroachment and concern a dispute between neighbors as to where the exact boundary between their two properties exist. Welfare & Institutions Code section 15610.30(a) defines “Financial abuse” of an elder as occurring when a person or entity does, inter alia: “(1) Takes, secretes, appropriates,...

Excerpt: ...alifornia law – instead it has claimed only that “in the interests of judicial economy and to focus and streamline this matter” it “will not seek to enforce the restrictive covenants” at issue. (Chang Decl., Ex. 2.) That concession does not render the Motion moot. Nor does the evidence reflect that the Illinois action has been dismissed with prejudice, or that Affinitiv has stipulated that the provisions at issue are invalid under Calif...

Excerpt: ... bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the...

Excerpt: ...Plaintiff has not shown the arbitration provision to be unconscionable. The general rule is that “one must be a party to an arbitration agreement to be bound by it or invoke it.” DMS Servs., Inc. v. Superior Court (2012) 205 Cal.App.4th 1346, 1352 (internal quotes and citation omitted). Courts have recognized limited exceptions to this general rule: “there are six theories by which a nonsignatory may be bound to arbitrate: (a) incorporation...

Excerpt: ...ants' evidence, Plaintiff concedes having signed the arbitration agreement and, in fact, authenticates a copy of the agreement himself. (¶21-¶22 of Dawson Declaration and Exhibit A thereto). Attached as Exhibit A to the Dawson Declaration is a “Dispute Resolution Agreement” wherein Plaintiff and Defendant Fletcher Jones Motor Cars, Inc. agreed “to utilize binding individual arbitration to resolve all disputes that might arise out of or be...

Excerpt: ...or admission at issue are relevant and are not impermissibly duplicative, they are not in proper form. RFA, Set Three, Nos. 29-31 are not “full and complete in and of itself” pursuant to Code of Civil Procedure section 2033.060(d) as terms are defined by reference to the Lease. Tentative Ruling: The motion as to RFA, Set Three, Nos. 29-31, and corresponding Form Interrogatory No. 17.1 is DENIED. Special Interrogatories Tenant seeks further re...

Excerpt: ...d to mediation and binding arbitration with Plaintiffs pursuant to the Residential Purchase Agreement and Joint Escrow Instructions (“PSA Agreement”). (Complaint, Ex. A, at ¶22) There is no dispute that the mediation and arbitration provision in the PSA Agreement covers Plaintiffs' claims and was signed by Plaintiffs and Defendant. (Id.) Thus, the burden shifts to Plaintiffs to demonstrate the arbitration agreement is not enforceable. (Buckh...

Excerpt: ...since-withdrawn motion for leave to intervene. Between January 2020 and January 2021, Vazquez, Juaregui and Santos filed three separate lawsuits with a PAGA component. Vazquez, Juaregui and Defendants informally negotiated a resolution, eventually participating in a mediation in November 2020, where their cases settled in principle. The formal settlement agreement eventually executed by the parties covered a wider variety of predicate Labor Code ...

Excerpt: ...the collection of fees and actual calendaring of the Motion for Joinder. Consequently, although Counsel obtained a Reservation Number prior to filing the Notice, the means by which the Joinder was filed did not, in actuality, use the Reservation Number and the Motion was not appropriately scheduled for hearing. Until and unless the Joinder is appropriately filed and calendared, the Court declines to rule on it. Motion for Summary Judgment or Summ...

Excerpt: ...g relevant to the issues in this case. Objections Plaintiff's objection to Defendants' separate statement in support of the motion for summary judgment/adjudication is OVERRULED. The Court DECLINES to rule on Plaintiff 's remaining objections. The evidence objected to is not material to the Court's disposition of this motion. (Code Civ. Proc. §437c(q).) ANALYSIS Defendants' Notice “Defendants believes that many issues appear in this action tha...

Excerpt: ...ttendants are trained to recognize the possible signs of bed bugs such as actual bed bugs, brown or black spots that may be left by bed bugs, or blood smears on bed linens. (UMF 2);  Room Attendants receive separate training to learn how to detect bed bugs and another training to learn how to detect other types of pests. (UMF #5);  On a daily basis, the Room Attendant cleans and inspects the bed's headboard for cleanliness and for signs of ...

Excerpt: ...Hotel purchased the Hotel Property from the City in 2016 for $1,565,000. (UMF 1-2.) The Hotel Property was encumbered by a recorded Development Agreement. The Development Agreement contained a purchase option that gave the City the right to repurchase the Hotel Property for $1,565,000 if BA Hotel defaulted on the Development Agreement. (UMF 3, 8.) In 2017, BA Hotel purchased the adjacent Rear Property from the City for $1,285,000. (UMF 10-11.) BA...

Excerpt: ...ees, Cheryl Dyas and Heather Campbell, on the basis that they are apex employees with no personal information regarding the underlying case. Ms. Dyas An an initial matter, WCA contends that it is not seeking to depose Ms. Dyas at this time. Nevertheless, the City still seeks a protective order as to her deposition in addition to Ms. Campbell. However, since WCA is no longer seeking to depose Ms. Dyas at this time, the motion is DENIED as MOOT as ...

Excerpt: ...VERRULED, except for Objection No. 10, which is SUSTAINED on foundation grounds. OCTA's evidentiary objections are OVERRULED. Because OCTA's motion is opposed by Defendants, the standard of review is set forth in CCP § 1255.410(d)(2): If the motion is opposed by a defendant or occupant within 30 days of service, the court may make an order for possession of the property upon consideration of the relevant facts and any opposition, and upon comple...