Excerpt: ...e statute of limitatio ns and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. 6 “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethicon Endo -Surgery, Inc. (2005) 35 Cal. 4th 797, 806. “Generally speaking, a cause of action accrues at ‘the time when the cause of a...

Excerpt: ...urety Complai nt is a motor vehicle surety company. (Cross- Complaint (“X-C o m p .” ) , ¶¶ 1 & 5.) Old Republic issued a motion vehicle surety bond to CrossDefendant Panda Motors, Inc., under Chapter 4, Division 5 of the Vehicle Code (X -Comp., ¶ 5.) Panda Motors is a motor ve hicle dealer, which obtained a motor vehicle bond from Old Republic. (RJN, ¶ 1.) A number of persons have made claims or will make claims to Old Republic on the bo...

Excerpt: ... Hartwick D efendants' demurrer to the first cause of action for quiet title in the initial complaint with leave to amend on 06/16/2023. Plaintiffs filed the FAC on 06/26/2023. “A quiet title action seeks to declare the rights of the parties in realty.... The object o f the action is to finally settle and determine, as between the parties, all conflicting claims to the property in controversy, and to decree to each such interest or estate t...

Excerpt: ...ynolds (includi ng in the opposition to this demurrer): facts demonstrating a causal link between the protected activity and an adverse employment action. Reynolds efforts to align his resignation with Plaintiff Robinson's termination (3rdAC para. 64) to create Reynolds' adverse employment action fails. And Reynolds' categorizing the types of activity that amount to adverse employment action -- short of termination or demotion continue to be inad...

Excerpt: ...rer is OVERRU LED as to the first and second causes of action and SUSTAINED with 15 days leave to amend as to the third through fifth causes of action. The Regents demur to all five causes of action alleged in Plaintiff's First Amended Complaint (“FAC”). I. First Cau se of Action for Violation of California Whistleblower Protection Act (Govt. Code §§ 8547, et seq.) As described in Levi v. Regents of University of California: The [Califor...

Excerpt: ...al Notice in Support of Demurrer to First Amended Complaint of Plaintiff Barbara Travers is GRANTED as to Exhibits 1 – 3. Defendant Mark Andrew Lockwood demurs to the 1st Cause of Action of the First Amended Complaint (FAC) filed by Plaintiff Barbara Travers. Standard for Demurrer 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...

Excerpt: ... Cleland Sales Corp., Blizzard Beer Systems, James Cleland, and Adam Cleland demur to the 1st through 13th Causes of Action of the First Amended Complaint (FAC) filed by Plaintiff Cecilio Losoya. Standard for Demurrer A demurrer challenges only the legal sufficie ncy 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...

Excerpt: ...aint filed by Plaintiff Angelica Espinoza. Standard for Demurrer 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.4th 1395, 1404- 05.) For this reason, the court will not decide questions of fact on demurrer. (See Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.Ap...

Excerpt: ...otice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal. App. 4th 968, 994. Limited to the “four corners” as such, a pleading is adequate if it contains a reasonably precise statement of the ultimate facts, in ordinary and concise language, and with sufficient detail to acquaint a defendant with the nature, source and extent of the claim. Leek v. Cooper (2011) 194 Cal. App. 4th 399, 413. On demurrer, a...

Excerpt: ...es to strike Plaintiff 's prayer for punitive damages. Defendant first argues that the fourth cause of action is barred by the applicable statute of limitations and Plaintiff is not entitled to the delayed discovery rule. Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. “A plaintiff must bring a claim within the limitations period after accrual of the cause of action.” Fox v. Ethico...

Excerpt: ...oving party in fact served the instant motion and supporting papers more than 21 days prior to filing them. (Code Civ. Proc., §§ 128.5, subd. (f)(1)(B), 128.7, subd. (c)(1); Smith, Smith & Kring v. Superior Court (1997) 60 Cal.App.4th 573, 577 -578 [statements in brie fs are argument, not evidence]; Hart v. Avetoom (2002) 95 Cal.App.4th 410, 413 -415 [motion initially served must be the same as the one eventually filed]; Galleria Plus, Inc. v...

Excerpt: ... Responding Party: Plaintiffs M. Westland, LLC; Dorothy Sublett -Miller and Walter J. Miller, as Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated February 05, 2004, for the Estate of Willis L. Miller, deceased, as to an u ndivided ½ interest; Dorothy Sublett -Miller and Walter J. Miller, Successor Trustees of The Miller Family Trust, originally dated October 12, 1979, amended and restated Feb...

Excerpt: ...oposed cla ss action and PAGA settlement. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action and PAGA matter. On March 3, 2023, Plaintiff Ene C. Hernandez, individually and on behalf of other persons similarly situated (“Plaintiff”), filed a Complaint against Defendant Northwest Hotel Corporation (“Defendant”). (ROA 2.) The Complaint alleged the following eight causes of action: 1. Failure to Provide Me...

Excerpt: ...REQUEST: Caltrans and OCTA mov e for an order permitting Reply briefs to support its Motion in Limine Nos. 1 -3. ROA 431 -433. FACTS / OVERVIEW: These consolidated actions involve inverse condemnation claims and cross -complaints for indemnification. The action was initiated by JL Kids, wh ich seeks recovery for damages caused by a landslide onto its property in San Clemente. St. Andrews cross -complained against OCTA and Caltrans for indemnifi...

Excerpt: ...rder and orde r for issuance of a Writ of Attachment (“Application”) against defendant Arunpal Sehgal, M.D. (“Defendant”) are GRANTED in the following amounts: Reliant Management Group, LLC's Application is GRANTED in the reduced amount of $100,000; and Riverside Postac ute Care, LLC's Application is GRANTED in the reduced amount of $103,132.88. Plaintiff is ordered to post an undertaking of $10,000. “Under Code of Civil Procedure secti...

Excerpt: ...gent m isrepresentation. The FAC fails to state facts sufficient to constitute these causes of action. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 638, 645 [fraud elements]; Nissan Motor Acceptance Cases (2021) 63 Cal.App.5th 793, 823 [negligent misrepre sentation elements].) The residential purchased agreement (RPA) attached as exhibit A to the FAC shows that at the time defendants made the subject “misrepresentations” on 6/1/22 (FAC...

Excerpt: ...“Hirson” an d crossdefendants as “Korpivaara.” Defect/misjoinder of parties. Korpivaara has not shown Niral Patel is an indispensable party. “An agent is not an indispensable party in litigation between his principal and a third party over the subject matter of the a g e n c y .” (Writers Guild of America, West, Inc. v. Screen Gems, Inc. (1969) 274 Cal.App.2d 367, 374.) 1st cause of action, declaratory judgment -partner disassociation...

Excerpt: ...ffs filed an opposition to Defendants' Request to take Judicial Notice of documents apparently related to the prelitigation complaints made by plaintiffs to defendants. (See ROAs 76, 95.) At the same time, Plaintiffs state that “judicial notice is unnecessary if the se are the documents attached to Plaintiff's SAC already filed with the court.” Copies of the same documents are in fact attached to the SAC and were previously judicially notic...

Excerpt: ...er v. AT&T Mobilit y, LLC (2011) 196 Cal.App.4th 1545, 1556 [elements] The FAC states facts sufficient to state a cause of action for Negligent Repair See Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527 [Negligence may be alleged in general terms].) The FAC states facts sufficient to state a cause of action for Violation of the UCC (Defendants failed to identify any defects with the pleading of this cause of action). The omission of the allegati...

Excerpt: ...imite d insurance coverage to protect against uninsured drivers or driver's whose insurance is insufficient to pay for the injuries or damage caused. Ins. Code, § 11580.2 Insurance protecting against a vehicle with no liability insurance is called “uninsured mot orist” (UM) coverage, and insurance protecting against a vehicle with limited liability insurance coverage is called “underinsured motorist” (UIM) coverage. Recovery under UM...

Excerpt: ...t all times men tioned, each of DEFENDANTS, except as otherwise alleged or contended, are and have been the partners, joint venturers, alter egos, and/or co -conspirators of each other.” (Compl. ¶ 12.) Further, Plaintiff alleged that “DEFENDANTS were “employers” within the meaning of Government Code section 12926(d) . . . .” (Compl. ¶ 8.) Although not initially raised in the MSA, Defendants now claim that Cedar Mountain and not Madiso...

Excerpt: ...s no defense to a ca use 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 . . . has met that burden, the burden shifts to the 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 . . . shall not rely upon the allegations or denials of its pleadings to show that ...

Excerpt: ...ion: 1) Failure to Pay Minimum Wage; 2) Failure to Pay Overtime Compensation; 3) Failure to Provide Lawful Meal Periods; 4) Failure to Provide Lawful Rest Periods; 8) Failure to Pay All Wages Upon Separation; 6) Failure to Provide Accurate Itemized Wage Statements; 7) Fai lure to Indemnify Employees for Expenditures; and 8) Unfair Business Practices. ANALYSIS: The parties' sole dispute is whether or not Plaintiff qualifies for an exemption under...

Excerpt: ...3310(E)) pro vides in relevant part, (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person* in the same or a substantially related matter in which that person's* interests are materially adverse to the interests o f the former client unless the former client gives informed written consent. (b) A lawyer shall not knowingly represent a person in the same or a substantially related matter in whi...

Excerpt: ... an orde r compelling Plaintiff to submit his individual claims to arbitration, striking or dismissing Plaintiff's class allegations, dismissing any non- individual PAGA claims, and staying further proceedings pending completion of the arbitration. UPCOMING EVENTS: None FACTS/OVERVIEW: This is a putative wage -and -hour class action. On July 6, 2022, Plaintiff Pablo Calvillo, an individual and on behalf of all others similarly situated (“Plaint...

Excerpt: ...e motion is GRANTE D as to the request to vacate the current preliminary injunction. The motion is DENIED as to the request for a new preliminary injunction. As discussed below, this matter involves members of the Rhee family: decedent Henry Rhee, his wife Grace Rhee, their sons Thomas and Brian Rhee, and Thomas's wife Judy Ren. The Court refers to these persons by their first names for clarity. No disrespect is intended. EVIDENTIARY MATTERS I. ...

Excerpt: ... the subject incident g iving rise to this complaint.” (FAC, EX-2 of Exemplary Damages Attachment.) Defendant was so impaired that he had “red/watery eyes, dilated pupils, slow lethargic speech, and difficulty concentrating” when being interviewed by the investigating Officer and failed the sobriety test. (Id.) “Defendant Topps knew from the onset that he must and would subsequently operate or control his vehicle on the public roads and t...

Excerpt: ...nspection of the judgment -roll, i.e., the face of the record as opposed to extrinsic evidence. (Trackman v. Kenney (2010) 187 Cal. App. 4th 175, 181.) This distinction may impact the procedural mechanism available to attack the judgment or order, when the judgment or order may be attacked, and how the party challenging the judgment or order proves that the judgment is void. (Pittman v. Beck Park Apartments Ltd. (2018) 20 Cal. App. 5th 1009, 1020...

Excerpt: ...oanCare's Evidence should be OVERRULED. DMI moves on the grounds that during the Phase 1 of trial “LoanCare testified that it has no accounting records and for that reason, Judge Schwarm did not order LoanCare to account.” (Notice, 2:5 -7.) Specifically, during the Phase 1 of trial, DMI sought to compel an accounting against LoanCare based on its second cause of action for Accounting alleged in it Cross -Complaint filed on 2 -25 -21. (Penn...

Excerpt: ...arty may move for an order compelling responses to interrogatories at any time “[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, Plaintiffs waived “any r ight to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protectio...

Excerpt: ... sustained. Evidentiary object ions nos. 4 through 6 are overruled. Evidence Submitted With Reply The court exercises its discretion to consider the evidence submitted with Plaintiffs' reply. Andry may address the evidence during the hearing. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 -1538.) Merits Plaintiffs served Andry with a notice of taking a remote deposition and requests for production of documents at deposition. The notice li...

Excerpt: ...nterroga tories 42-45, 58 -61, 74 -77, and 89, which generally seek (1) the contact information of three students who allegedly assaulted Plaintiff and (2) the names and contact information of “Students E -M,” who were thirdparty witnesses to the alleged incident(s). The Court grants the motion as to the first category of information but denies the motion without prejudice as to the second category. Code of Civil Procedure section 2017.010 s...

Excerpt: ...tober 24 , 2024 at 9:00 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual clai ms asserted by plaintiff and that no grounds exist to bar enforcement of the agreement. CCP §1281.2. Defendant has shown the existence of a signed arbitration agreement dated November ...

Excerpt: ...d system” conducted by local bar associations (as opposed to private alternative dispute resolution providers) and has its own rules and limitations. (See Aguilar v. Lerner (2004) 32 Cal.4th 974, 984; Greenberg Glusker Fields Claman & Machtinger LLP v. Rosenson (2012) 203 Cal.App.4th 688, 693 [Legislature created MFAA as “separate and distinct arbitration scheme applicable to disputes between clients and attorneys over legal fees, costs, or b...

Excerpt: ...2024 at 9:0 0 a.m. The parties must file a Joint Status Report at least a week before the hearing, and may request a continuance if arbitration is not yet complete. The court concludes that there exists a valid agreement to arbitrate the individual claims asserted b y plaintiff in his Tenth Cause of Action for Violation of California Business & Professions Code §§17200, et seq. and that no grounds exist to bar enforcement of the agreement. CCP...

Excerpt: ... forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submit evidence that their detached garage has experienced repeated water intrusion as a result of dirt being up against the side of their garage to a level approximately 1.5 feet above their garage floor. Plaintiffs all...

Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...

Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...

Excerpt: ...dar days to the notice requirement. (Cal Civ. Proc. Code § 1005(b).) As such, Plaintiff was required to serve her motion on March 21, 2024. Having served her motion for a continuance on April 8, 2024, Plaintiff failed to give defendants the requisite notice. Furt her, the court finds that Plaintiff has not offered sufficient evidence to substantiate a six -month continuance. While her LMFT therapist states that “it might be beneficial to cur...

Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...

Excerpt: ... the weight and credibility of these matters, and rules as follows: Plaintiff Pure Dermatology's motion for preliminary injunction is denied. “A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to preva il on the merits at trial, and (2) the ‘interim harm' to that party if an injunction is denied is greater than ‘the [interim] harm the [opposing party] is likely to suffer if t...

Excerpt: ...int that con tinues to include these two causes of action. It again alleges these causes are against “all” defendants. The striking of these causes of action may not be the most efficient remedy here. The motion to strike is DENIED without prejudice. Demurrer to Se cond Amended Complaint (Champion) Defendant Champion Construction Services, Inc., filed a demurrer to the second amended complaint. The demurrer is SUSTAINED without leave as to t...

Excerpt: ...ly found tha t defendant Cutler is subject to the Page 5 of 21 Court's personal jurisdiction in its November 17, 2023 Minute Order and that Defendant has not met his burden for reconsideration. A motion for reconsideration must be filed within 10 days of service of n otice of entry of the order in question. (Code Civ. Proc., § 1008(a).) However, “the trial court retains the inherent authority to change its decision at any time prior to the en...

Excerpt: ...ust be such that the mo ving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Sup.Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212 -213.) The party seeking reconsideration must also provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690; C...

Excerpt: ...tiary objections to the De claration of Robert Dale Beaver are OVERRULED. Plaintiff's request for judicial notice of Orange County Ordinance 2183 and the Court's 04 -0722 minute order is GRANTED. (Evid. Code, § 452(b), (d).) Steven and Robert purchased the Pine Place property in 1 988 as joint tenants. Steven subsequently moved out in 1989 or 1990. Robert claims that in 1992, he and Steven agreed that Steven would grant Robert his entire interes...

Excerpt: ...party desiri ng to obtain discovery by a second physical examination or mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310(a).) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2032.310(b).) The Court “shal l” grant the motion only upon a showing of good cause. (Code Civ. Proc. §2032.320(a).) The within action arises from an auto accident that occurred on 8/20/20. The complaint w...

Excerpt: ...re, the motion is d enied, without prejudice, for the same reasons as set forth in the Court's March 7, 2024 and March 28, 2024 Minute Orders on Defendants' motion to deem the truth of the matters in Request for Admissions, Set One, admitted and motion to compel responses to Demand for Production of Documents, Set One. (See ROAs 90 and 94.) On June 21, 2023, Defendants served written discovery by mail on Plaintiff, including the instant Form Inte...

Excerpt: ...ntiff's Motion to Compel further Deposition of HMA's Person Most Knowledgeable: a. Paragraph 4 – 1:19, 20 – 3:6 b. Paragraph 5 – 3:7 -8 c. Paragraph 6 – 3:9 -10 d. Exhibit P e. Exhibit Q 3. ROA# 488, Plaintiff's Amended Motion for Terminating Sanctions or Alternatively, f or Issue and/or Evidentiary Sanctions a. Page 1:15 -16, 19 -27 b. Page 2:2 -8 c. Page 2, fn. 3 d. Page 6, 13 -14, 16 -24, 26 -28 e. Page 7: 1 -2 4. ROA# 486, Amended Dec...

Excerpt: ...sponded 7/26/2023. Pl aintiff filed Page 7 of 21 this Motion to Compel Further Responses to RPDS on 8/23/2023. The Court notes that in recent years, an astounding number of cases have been filed against Defendant Volkswagen Group of America, Inc. in OCSC. These cases involve a tremendous amount of time and resources for the Court, its staff, and research attorneys. For example, in this case, Plaintiff's motion includes a 195 page separate state...

Excerpt: ...hin 15 days. Demurrer Movin g Defendants demur to the fifth and sixth causes of action in the complaint on the ground said causes of action fail to state a claim and are uncertain. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long -settle d rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We a...