Excerpt: ...ability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.' A defendant's conduct is ‘outrageous' when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community.' And the defendant's conduct must be ‘intended to inflict injury or engaged in with the realiz...

Excerpt: ...l not be considered by the Court. Analysis. Defendants move for summary judgment on the third amended complaint, which contains two viable causes of action for negligence and loss of consortium. The TAC alleges that, on March 26, 2016, plaintiff Anton Rosandic presented to the emergency room of defendants' hospital in San Clemente complaining of severe pain in his shoulder and chest and of difficulty in breathing. (TAC, ¶ 13.) It alleges that th...

Excerpt: ... truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be re...

Excerpt: ... truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be re...

Excerpt: ...Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency...

Excerpt: ...extension of time via either stipulation or declaration. However, Plaintiff does not object to the demurrer as being untimely on behalf of Roham. So that objection is waived. The only argument raised as to timeliness is that Roham Inc. cannot demurrer because it already answered. C. Confusion as to Moving Party There was an error as to the moving party. The demurrer is captioned as being brought on behalf of Roham Inc. while in pro per. This was ...

Excerpt: ...Brokers Failure to Inspect and Disclose, Civil Code §§ 2079, et seq.: Brokers and salespersons subject to Civil Code § 2079 have a two-pronged duty: first, to conduct a “reasonably competent and diligent visual inspection of the property”; and second, to “disclose to … prospective buyer[s] all facts materially affecting the value or desirability of the property that an investigation would reveal.” (Civil Code § 2079(a); Ryan v. Real...

Excerpt: ...enal Code and Intentional Interference with Prospective Economic Advantage, respectively. As an initial matter, the court does not find the FAC to be uncertain. This is true for all of the Moving Defendants. A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond—i.e., he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are direct...

Excerpt: ...s, David Ellis (“Ellis”) and Michael Powers (“Powers”) filed individual oppositions to the motion. As a threshold matter, the Court notes that plaintiff filed his original motion on 6/23/20, and then filed an “updated and corrected” motion, as well as a Notice of Errata on 7/6/20, explaining that the “updated and corrected” papers were filed to correct a citation to an exhibit, and that the Court should review the 7/6/20 filing. P...

Excerpt: ...e to late-file. Since no order was sought, much less obtained, here, the question first on this Court's plate is whether the pending motion is even timely when filed on 05/26/20. The cross-complaint in this case was filed on 08/09/17. This was clearly more than 60 days prior to when the anti-SLAPP motion was filed. This is where the inquiry would have stopped but for our Supreme Court's recent decision in Newport Harbor Ventures, LLC v. Morris Ce...

Excerpt: ...lem festered until the eve of trial when the case was assigned to Judge Glenda Sanders. First-chair defense counsel stated that he had never seen the notes, only his associate had. It was further represented that the associate attorney, Mr. James Irey, honestly believed that the notes were the work product of first-chair defense counsel, Harry Safarian. The parties eventually entered into the following stipulation before Judge Sanders: Attorney J...

Excerpt: ...which included a standard form arbitration clause. Although plaintiff alleges she neither saw, nor knew of, the arbitration clause, there is no question about its presence. On 02/05/13, after amassing 27,964 miles, plaintiff obtained some warranty work relating to the WIN module. That fix was apparently successful. On 06/11/15, with 69,646 miles on the odometer, plaintiff obtained additional warranty work relating to the cooling system and altern...

Excerpt: ...d by Plaintiff Hussain Mohammed SPECIAL INTERROGATORIES SPECIAL INTERROGATORY NO. 26: IDENTIFY YOUR present employee in California who is most knowledgeable regarding YOUR warranty policies, including but not limited to any policies YOU may have had regarding the replacement or reimbursement of allegedly defective automobiles, during the RELEVANT PERIOD. RESPONSE NO. 26: FCA US will designate a corporate representative pursuant to California Code...

Excerpt: ...of improper claims of the attorney-client and work product privilege. C.C.P. section 2031.310 states, in pertinent part, as follows: “(a) On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representatio...

Excerpt: ...ion is granted in part and denied in part. The subpoena is limited as described below. The subpoena seeks (1) “[a]ny and all call logs pertaining to 911 calls associated with the Telenko residence . . . during the time period June 1, 2010 through the present;” (ii) “[a]ny and all audio files . . . pertaining to 911 calls associated with the Telenko residence . . . during the time period June 1, 2010 through the present;” (iii) “[a]ny an...

Excerpt: ... seeks an order quashing two deposition subpoenas served by Plaintiff on Bank of America, N.A. and Pacific Premiere Bank, and monetary sanctions in the amount of $3,560 against Plaintiff and its attorneys of record, jointly and severally. These motions were continued from 7/23/2020 to allow Plaintiff to show the five subpoenas were properly issued and to also allow the parties to meet and confer regarding the scope of the subpoenas. The parties s...

Excerpt: ....C.P. § 418.10(a).) Pursuant to the stipulation submitted by the parties and the court's signed order, Defendants in Intervention had until 6/12/20 to file their responsive pleading to the Complaint in Intervention (ROA 435), the instant motion was indeed filed on 6/12/20. Thus, the motion is timely. Merits. C.C.P. § 418.10(a) provides that: “A defendant, on or before the last day of his or her time to plead or within any further time that th...

Excerpt: ...ruth of the matters asserted in Exhibits A, B, C, D, and E. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4 th 471, 482.) Code of Civil Procedure section 425.16, subdivision (b), states, in part, “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a publi...

Excerpt: ...e Complaint, he seeks a writ of mandate to compel the City to comply with the MOU and calculate and pay his back pay. In the second cause of action, Petitioner alleges, “by not including the [foregoing] additional compensation owed to Plaintiff … in the employees' regular rate of pay, Defendants are underpaying Plaintiff's and thereby miscalculating their overtime rate of pay, all in violation of the FLSA”. Petitioner's Complaint is styled ...

Excerpt: ...position papers, they complained about the additional filings as well as complaining about the confusing nature of the proceeding. (See Plff Opp. p. 2-3.) The Defendants then served reply papers on or about May 18th which expanded the evidence in the reply. (Ordinarily, new evidence is not permitted with replies, see Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Plaintiffs filed a supplement stating that they may require leave to offer...

Excerpt: ...tacked and beaten by Defendants Jeffery Tuli, Vincent Griffin and Aaron Jackson. Maher Yousef succumbed to his injuries a few days later. Defendant Lucky Oil Company dba “Buena Park Mobil” is alleged to be the owner/operator of the gas station. Defendants Ahmad Radwan and Tag M. Radwan are alleged to be principals of Lucky Oil. Plaintiff alleges that Property owner/operator Defendants knew the three assailants were likely to injure or attack ...

Excerpt: ...nto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July 2005 he and Grantham withdrew from their representation due to a conflict of interest, after filing a cross-complaint against SJZ seeking a corp...

Excerpt: ...5, 436) Facts/Overview: The original complaint in this action was filed on 10/11/19. The operative First Amended Complaint was filed on 12/20/19 by plaintiff Humberto Garcia against defendants Western Riverside Council of Governments [“WRCOG”], Renovate America, Inc. [“Renovate”], Century Construction West, Inc., dba SaveCal [“SaveCal”], and Wesco Insurance Company, for: (1) negligence; (2) intentional/negligent misrepresentation; (3)...

Excerpt: ... on 10/18/19 by plaintiffs Kristen Beattie Raymond and Matthew Campbell Raymond against defendant Nissan North America, Inc., for: (1) violation of Song- Beverly Consumer Warranty Act (Song-Beverly Act) – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act, Civil Code section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional mi...

Excerpt: ... the Cross-Complaint and to recover reasonable attorney fees and costs in the amount of $25,865.00. Facts/Overview: The operative Second Amended Complaint was filed on 6/17/19 by plaintiff Carl Barney, as trustee of the Carl Barney Living Trust, against defendants Lukas Pieter, Peter LePort, Monica LePort, Francisco LePort, Ramandeep Girn, Rebecca Girn, and Higher Ground Education, Inc. It alleges causes of action for: (1) breach of contract; (2)...