Excerpt: ...ifornia, resulted in the plaintiff transferring money that ultimately went to the defendants here in California. For purposes of pleading, the allegations are sufficient to establish Orange County as a proper venue. The ten causes of action are sufficient pled to withstand the demurrer. Motion to Strike The motion of the defendants to strike punitive damages and other allegations from the Complaint is DENIED. Sufficient facts are stated that woul...

Excerpt: ... (1993) 14 Cal. App. 4th 1595, 1606-7, the court found that any claim against an employer for negligence in connection with alleged sexual harassment and wrongful termination of the employee was barred by the workers' compensation exclusivity principle. Further, in Cole v. Fair Oaks Fire Protection Dist. (1987) 43 Cal. 3d 148, 152, the court concluded that “when the employee's claim is based on conduct normally occurring in the workplace, it is...

Excerpt: ...ctors or officers and failed to allege facts which demonstrate “foreseeability of harm.” Defendant cites no authority within this portion of its Demurrer and does not establish the allegations it asserts are missing, or are required elements of either claim. “Generally speaking, an assault is a demonstration of an unlawful intent by one person to inflict immediate injury on the person of another then present.” (See Plotnik v. Meihaus (201...

Excerpt: ...otherwise. The First Amended Complaint alleges that moving Defendant was the loan servicer for Plaintiffs' loan “from approximately mid-2016 through mid-2017.” (FAC, ¶ 23.) It alleges that, during the time that moving Defendant serviced the loan, it “demonstrated a lack of due care by reviewing Plaintiffs only for HAMP loan modification of the loan despite the fact that Plaintiffs' original loan amount of $763,000.00 put them over the limi...

Excerpt: ...llenges 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 of the complaint, a court will not consider fac...

Excerpt: ...se of escrow, plaintiff and his daughter received a check for surplus funds in the amount of $793.60. Neither plaintiff nor his daughter moved into the property. Instead, it was apparently leased to a third-party. However, those tenants did not move in (or stay long), and the property was soon sold to plaintiff's ex-wife – the defendant herein – for a small profit. Now the wrinkle: plaintiff contends that his ex-wife (the defendant) “forged...

Excerpt: ...serve responses by mail, with return receipt, no later than August 26, 2019. The court's file does not contain any evidence that Mr. Senga responded to the subject discovery. At today's hearing, if Moving Party has submitted proof of timely service of the discovery requests, and if there is no proof of compliance by Responding Party, the court intends to confirm the tentative ruling as its final ruling. If Mr. Senga submits proof of timely compli...

Excerpt: ...on; The discovery was served on August 30, 2018 – Keshen chose not to respond although the Court confirmed on 1/24/19 that there was no stay in place and the stay had been lifted on 5/31/18; Keshen still refused to provide responses – even after that clarification, which was four months prior to the Court's hearing on the Motion to Deem RFAs Admitted; Even if Keshen believed that she only received notice of the RFAs on 4/5/19 she still had 40...

Excerpt: ...de Medical Center; Sun Haven Care, Inc., dba Terrace View Care Center, erroneously sued and served as “Terrace View Care Center”; Front Porch Communities and Services, dba Walnut Village Care Center; Iksoo Kang, M.D.; Keith Mullins, M.D.; and Michael Kulcycki, D.O. (collectively, defendants), alleging two causes of action for (1) medical malpractice and (2) elder abuse. Two motions for summary judgment/adjudication are currently scheduled for...

Excerpt: ...he Danny & Zohar Prosky Family Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark Attalla, ACER Capital Group, American Cadillac Group, Brokerage International, Inc., JBA Property Investments, LLC, and Brandon Locascio. The SAC in this lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aiding and abetting slander of title. The case concern...

Excerpt: ... invest $1.25 million in a “Private Placement Program,” referred to as a trade program, through Defendant Group 7 Asset Services Group, LLC. In exchange for the investment, Plaintiff was to receive 12 monthly payments (which ended up being $56,000.00/mo. lower than promised), a full return on his investment, as well as anticipated $8 million in profits. Plaintiff's investment was wired to attorney Ray Holland and deposited into a bank account...

Excerpt: ...on 1793.2(d) 3. Violation of CC section 1793.2 (A)(3) 4. Breach of express written warranty 5. Breach of the implied warranty of merchantability 6. Fraud Trial has not been set. DEMURRER Defendant demurs to the 3 rd, 4 th 5th, and 6 th causes of action. Analysis: Third Cause of Action for Violation of Civil Code §1793.2(a)(3): Under Civil Code §1793.2(a)(3), “Every manufacturer of consumer goods sold in this state and for which the manufactur...

Excerpt: ...pressly 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 Transit District (2012) 209 Cal...

Excerpt: ...e 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 Transit District (2012) 209...

Excerpt: ...a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to prote...

Excerpt: ...judicial notice of hearsay statements contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) Plaintiffs' RFJN: The Court GRANTS Plaintiffs' request for judicial notice of Item Nos. 1-5 pursuant to Evidence Code section 451(a). Plaintiffs' Objection to Evidence: The Court SUSTAINS only Objection Nos. 2 and 3 and OVERRULES Nos. 1 and 4. Defendant's Objections to Plaintiffs' Evidence: The Court SUSTAINS only Objection...

Excerpt: ...the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time.” Code of Civi...

Excerpt: ...ly: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any speci...

Excerpt: ...2 fn. 5.) Here, the claims in the Complaint are transitory. Indeed, Plaintiff does not appear to dispute this point. Where an action is transitory, the general rule is that the action is to be tried in the county of defendant's residence. (Code Civ. Proc. § 395(a).) With respect to actions for breach of contract, such actions are triable in the county where defendant resides or where the contract was entered into or where it was to be performed ...

Excerpt: ...ocedures for service of process is essential to establish personal jurisdiction. [Citation.] Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void. [Citation.]' [Citation.] Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service.” (Ellard v. Conway (2001) 94 Cal.App...

Excerpt: ... for Lack of Subject Matter Jurisdiction, or in the Alternative, to Dismiss or Stay in Light of the Primary Jurisdiction of the State Water Board Sabic Innovative Plastics US, LLC's and General Electric Company's Motion to Dismiss for Lack of Subject Matter Jurisdiction, or in the Alternative, to Dismiss or Stay in Light of the Primary Jurisdiction of the State Water Board, and the joinder in that motion by ICI Americas, Inc. and Beatrice Compani...

Excerpt: ...ings as they currently stand. At the hearing on this motion, however, Plaintiff shall state on the record whether he waives his claims for underpaid wages and any other individualized relief. If Plaintiff agrees to such a waiver, then the motion will be denied. I. Factual Background Plaintiff was employed by TIC-AC as a Service Technician and Assistant Service Manager at two TIC-affiliated apartment properties in Mission Valley, California. (Comp...

Excerpt: ... below: 1. Cross-Complainant Sean Bose's class allegations are dismissed without prejudice. 2. The first, second, third, fourth, fifth, sixth, eighth, ninth, tenth, eleventh, and twelfth causes of action in Bose's FAXC are ordered to arbitration on an individual basis. 3. The seventh cause of action (UCL violations) is ordered to arbitration on an individual basis insofar as Bose claims unjust enrichment, disgorgement or restitution. The seventh ...

Excerpt: ... on T&J's property is DENIED. EVIDENTIARY AND PROCEDURAL ISSUES I. T&J's Request for Judicial Notice T&J requests judicial notice of four documents, attached to T&J's evidence as Exhibits 1-4: 1. The Court's tentative ruling of December 21, 2018 2. Plaintiff's FAC, filed January 8, 2019 3. Notice of Errata to Plaintiff's FAC, filed January 9, 2019 4. ACI 318 Table 4.3.1, contained on the second page of Bondy, Code Requirements for Sulfate Durabil...

Excerpt: ... circled the word “and” or word “or.” Since there was no instruction for the jury to do so, this position is unreasonable. Defendants Erwin have the obligation to structure the Verdict Form to reveal this finding. Defendants Erwin failed to alert the Court of any alleged ambiguity before the jury was excused. The failure to this ambiguity timely forfeited the issue. “Potentially defective special verdicts are subject to ‘a multilayere...