Excerpt: ...ontractor, to install the fire sprinkler system for the tower. (See SSUF No. 2). Further, it is undisputed that Plaintiff “only took directions regarding his work on the Project including safety protocols, directly from his supervisor at APEX, Paul.” (See SSUF No. 13). It is similarly undisputed that “[m]oving defendants were not the employers of Plaintiff Losey [and] [m]oving defendants had no part in training, equipping or directing the m...

Excerpt: ... case, and harassing given the proximity to the parties' mediation. In order to obtain a protective order with respect to both special interrogatories and RPDs, a responding party must “promptly” move for one upon good cause shown, and the motion must be accompanied by a meet and confer declaration. See Code Civ. Proc. §§2030.090(a) & 2031.060(a). Here, Defendant concedes that the discovery was served on 04/29/19. Yet, Defendant did not eve...

Excerpt: ... section 2698 provides: “Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and o...

Excerpt: ...ndum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper.” (Id. at rule 3.1113(g).) “A trial court has broad discretion … to refuse to consider papers served and filed beyond the deadline without a prior court order finding good cause for late submission.” (Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 765.) Plaintiffs' opposition is 20 pages. Plaintiffs did not file an ...

Excerpt: ... of interest and acted in bad faith in approving the Consulting Agreement, thus abrogating the Rule. Fourth and Fifth Causes of Action for Accounting The primary argument is that the plaintiff does not plead she does not have access to the corporate records, or that her claims can only be addressed by an accounting. It is clear from a fair reading of the amended complaint that the plaintiff asserts she does not have access to the corporate books ...

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: ...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: ... (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: ...ing and/or retention claims. For the following reasons, Defendants' motion is denied. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. Cal. ...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...