Excerpt: ...hout further leave to amend. The TAC asserts that Traub provided nursing care to Plaintiff during a single shift on 5/31/17 (TAC ¶¶ 26-32), while Abraham provided nursing care to Plaintiff during two overnight shifts between 6/1/17 and 6/3/17 (TAC at ¶¶ 40-50). Host and TNAA are identified as their respective employers. (TAC ¶¶ 6, 7, 35, 36, 55, 56.) The facts as alleged in COA 1, as to both Traub and Abraham, involve a failure to perform p...

Excerpt: ...ing demurrer attacks all nine causes of action. The motion to strike is directed at the 1 st cause of action, and claims asserted against individuals (named and unnamed). Initially, plaintiffs allege that there was no new pleading triggering the option of another demurrer, noting that the Master Complaint came about after two cases were consolidated. However, at the August 12, 2019 hearing, this Court did not order that no new responsive pleading...

Excerpt: ...ute. The parties subsequently filed separate responses on 3/20/20. The 3/20/20 filings make it clear that the parties are arguing about a pleading which has not been filed with the Court. Both sides now agree that the dispute is as to a Second Amended Complaint which attempts to assert twelve causes of action (“COAs”), beginning with a claim for “Violation of the Ralph Civil Rights Act” as COA 1. However, the SAC which was filed with the ...

Excerpt: ...y 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 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 ju...

Excerpt: ...y 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 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 ju...

Excerpt: ...ing demurrer attacks all nine causes of action. The motion to strike is directed at the 1 st cause of action, and claims asserted against individuals (named and unnamed). Initially, plaintiffs allege that there was no new pleading triggering the option of another demurrer, noting that the Master Complaint came about after two cases were consolidated. However, at the August 12, 2019 hearing, this Court did not order that no new responsive pleading...

Excerpt: ...aluation. She was seen, evaluated, placed on a fetal monitoring device, and eventually sent home with early signs of pre-labor. On 07/12/18, in the morning hours, plaintiff returned to the defendant hospital with unresolved complaints of nausea, vomiting, headaches and elevated blood pressure. Fetal monitoring strips confirmed the presence of contractions. Plaintiff was again sent home … only to return a few hours later with growing concern. Th...

Excerpt: ...aintiff alleged defect in F22 that, over time, resulted in slippage or dislodgment of front balancer shaft oil seal failed to state a valid CLRA claim because the allegations failed to identify any affirmative representations that the automobiles had any characteristic they do not have or are of a standard or quality they are not or allegations that manufacturer was bound to disclose defect]. See also, Bardin v. DaimlerChrysler Corp. (2006) 136 C...

Excerpt: ...aintiff alleged defect in F22 that, over time, resulted in slippage or dislodgment of front balancer shaft oil seal failed to state a valid CLRA claim because the allegations failed to identify any affirmative representations that the automobiles had any characteristic they do not have or are of a standard or quality they are not or allegations that manufacturer was bound to disclose defect]. See also, Bardin v. DaimlerChrysler Corp. (2006) 136 C...

Excerpt: ...stalled the allegedly-trespassing items. Indeed, from the pleading, it appears that the Plaintiff is also unsure. (See FAC ¶¶ 2, 5, 6.) This issue would be a matter for discovery and gathering of evidence. Judicial notice is reserved only for matters that are indisputably true or which could not be a subject of a reasonable dispute. (See Evid. Code § 452; Richtek USA, Inc., 242 Cal.App.4th 651, 660; Bounds v. Superior Court (2014) 229 Cal.App....

Excerpt: ...stalled the allegedly-trespassing items. Indeed, from the pleading, it appears that the Plaintiff is also unsure. (See FAC ¶¶ 2, 5, 6.) This issue would be a matter for discovery and gathering of evidence. Judicial notice is reserved only for matters that are indisputably true or which could not be a subject of a reasonable dispute. (See Evid. Code § 452; Richtek USA, Inc., 242 Cal.App.4th 651, 660; Bounds v. Superior Court (2014) 229 Cal.App....

Excerpt: ...fendant cites Mendoza v. City of Los Angeles (1998) 66 Cal.App.4 th 1333 for this proposition. However, that case was not a demurrer case, and actually went to a jury. Mendoza involved an off-duty police officer who fatally shot his fiancé. The Court of Appeal stated, “Mendoza was both off duty and in Hawthorne, outside the jurisdiction of the Department, when he shot Clementina during a domestic dispute. The act was unrelated to his official ...

Excerpt: ...ute. The parties subsequently filed separate responses on 3/20/20. The 3/20/20 filings make it clear that the parties are arguing about a pleading which has not been filed with the Court. Both sides now agree that the dispute is as to a Second Amended Complaint which attempts to assert twelve causes of action (“COAs”), beginning with a claim for “Violation of the Ralph Civil Rights Act” as COA 1. However, the SAC which was filed with the ...

Excerpt: ...lectively, defendants) alleging three causes of action for (1) fraud, (2) defamation, and (3) conspiracy. On November 20, 2018, defendants answered the fourth amended complaint. On October 17, 2019, the matter came on regularly for trial. On October 18, 2019, the court granted defendants' motions for nonsuit as to the first cause of action for fraud and the third cause of action for conspiracy, leaving at issue only the second cause of action for...

Excerpt: ...emurrer to the evidence). Thus, the Court does not act as a factfinder, which means the following is true: (1) the evidence supporting the verdict is presumed true, and (2) all conflicting evidence is disregarded, and (3) every legitimate inference that may be drawn to support the verdict is indulged in favor of the verdict and the party in whose favor it was given. A JNOV motion must be denied if there is any substantial evidence, or reasonable ...

Excerpt: ...t CFC breached, as the damages awarded on the interference claim were based on unpaid commissions wrongfully withheld by CFC. However, the interference claim was based on Plaintiff's contract with third party Interush. (See ROA 249, at p. 46 [“TruYou Health claims that CFC and/or Richard Fischler intentionally interfered with the contract between TruYou and Interush…].) In contrast, the contract claim against CFC was based on the 2015 Commiss...

Excerpt: ...flight from the scene, and (2) insufficiency of the evidence to support the amount of the damages award. Neither ground has merit. 1. There was no irregularity or error for admitting evidence of defendant's flight Before the trial, defendant moved to exclude defendant's post-accident conduct that consisted of defendant exiting his vehicle and yelling at the plaintiff then getting into his car and driving away. Defendant based his motion on Eviden...

Excerpt: ...th Care Dist. v. Sierra View Med. Plaza Assocs., LP (2005) 126 Cal.App.4th 478, 484). Plaintiffs/Cross-Defendants (hereinafter referred to collectively as “Plaintiffs”), have presented admissible evidence of juror misconduct. It is misconduct for jurors to communicate to fellow jurors special personal knowledge or experience on the matters at issue. (See Smith v. Covell (1980) 100 Cal.App.3d 947, 953). Plaintiffs' evidence establishes that ju...

Excerpt: ...flight from the scene, and (2) insufficiency of the evidence to support the amount of the damages award. Neither ground has merit. 1. There was no irregularity or error for admitting evidence of defendant's flight Before the trial, defendant moved to exclude defendant's post-accident conduct that consisted of defendant exiting his vehicle and yelling at the plaintiff then getting into his car and driving away. Defendant based his motion on Eviden...

Excerpt: ...CSC # 2015-00779943, the “first action.”) Following mediation, the parties settled the case, and a dismissal was filed on 5/1/15. On January 21, 2016, Mr. Valle filed a second action against Ms. Vu for alleged breach of the settlement agreement in the “first action.” (OCSC # 2016-00831234, the “second action.”) That action was tried on 2/5/18 before the Hon. Peter J. Wilson. The court found in favor of Mr. Valle and against Ms. Vu. A ...

Excerpt: ...llex while in course and scope of his employment. Both named defendants filed answers. A jury trial commenced on 1/22/20 and concluded on 1/28/20 with a defense verdict. Judgment was signed, filed, and entered on 2/24/20. Notice of Entry of Judgment was filed and served on 3/5/20. Plaintiff has filed a motion to tax defendant's costs, which hearing has been continued to 10-7-20. Plaintiff presents a motion for new trial on the ground of insuffici...

Excerpt: ...on their motion to reopen the case, but prevailed on their motion to reopen the case. Since under CCP §1033.5(c)(2), costs must be reasonably necessary to the conduct of the litigation, this court will tax the costs for those matters where plaintiffs did not prevail, but allow the $72.20 in costs, dated 6/14/19, where plaintiffs did prevail. Defendant seeks to tax costs of $6,976.30 under Ginez Item 6, Court reporter fees as established by statu...

Excerpt: ...ian v. Renovate America, Inc. (2019) 42 Cal. App. 5th 1062, 1067-70; Espejo v. Southern California Permanente Medical Group (2016) 246 Cal. App. 4th 1047, 1058-62; Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal. App. 4th 836, 842-46. Based on these cases, defendants satisfied their burden in their moving papers by simply attaching the contract to their motion. But in plaintiff's opposition, plaintiff took issue with defendants' failure to pro...

Excerpt: ...y judgment motion, defendants could delay bringing that motion and thereby prevent plaintiff from ever taking any class discovery or bringing a motion for class certification. Defendants claim the pending discovery is unduly burdensome, but do not inform the court what the pending discovery is, or if the burden goes to liability discovery, damages discovery, or both. Plaintiff asserts he simply wants raw data, and that defendants' 14-terabyte est...

Excerpt: ...Judgment ¶¶2 and 3B) and defendant prevailed on five issues (Judgment ¶¶1A, 1B, 3C, 4 and 5). Plaintiffs did not appeal from that ruling, and thus that ruling is final, even though the court of appeal reversed this court's ruling on issue 3C. Even after the reversal, the ruling as a whole was still a mixed bag. Plaintiffs may recover the attorneys' fees they incurred on or before the date the original Judgment was entered, December 28, 2017, ...