Excerpt: ......

Excerpt: ... the medical diagnosis and prognosis of any party.” may be submitted to support a motion for preference. CCP §36.5 Attorney Kohan's Declaration is not sufficient under this section. He does not state a diagnosis or prognosis learned from the family or medical records. He says only that he has been informed Nada has a “debilitating hip injury,” providing details of the procedure and time spent in a nursing home. He says she doesn't leave th...

Excerpt: ... Ex. 3 (“I Pancho Odal Yarra . . . agree that Jocylin Dumapias Lopez is hired for $150/day beginning Aug. 8, 2016.”). Plaintiff's and Defendant's Requests for Judicial Notice are granted. Plaintiff to give notice. Defendant Pancho Odal Yarra's Motion to Strike Portions of Plaintiff's Complaint Defendant Pancho Odal Yarra moves to strike portions of Plaintiff Jocylin Lopez's Complaint. Yarra's motion to strike is denied. As an initial matter, ...

Excerpt: ...the company in conformity with the articles of organization or the operating agreement and that dissolution is reasonably necessary for the protection of the rights or interests of the complaining member. Plaintiff alleges these grounds in the FAC, but Plaintiff also alleges that dissolution is necessary because the members are deadlocked. See FAC ¶ 30. Paragraph 10.9 does not even purport to waive a right to seek judicial dissolution in the eve...

Excerpt: ...uty fails as plaintiff has not stated sufficient facts illustrating a fiduciary relationship between plaintiff and this Moving Party defendant. The claim for violation of B&P § 17200 fails as it is based on the alleged defective claims. Plaintiff has not sufficient alleged any unlawful, unfair and/or fraudulent conduct on the part of this Moving Party defendant to support her claims. Future Hearings: CMC: 4/4/18 8:30 am ...

Excerpt: ...uty in order to have an actionable “wrong” under B & P C§17200. This Court further observed that the allegations were enough to permit the inference that Chicago did something wrong and caused harm as a result thereof. On 11/13/17, Chicago filed a motion for judgment on the pleadings directed at the narrow question of whether plaintiff had stated a legal basis for relief. Although Chicago's approach to split the attack was gamey, this Court ...

Excerpt: ...s as to defendant Phill Barklow being a managing agent and ratifying the conduct of the agents and employees of defendants Atria Golden Creek, et al. As to Plaintiff's second cause of action for negligence, negligence causes of action can be pled generally. See, Guilliams v. Hollywood Hospital (1941) 18 Cal.2d 97, 100 to 101. Pleading claims based on regulations for negligence per se does not transmute a cause of action for negligence into a stat...

Excerpt: ...edy at law. Darbun Enterprises, Inc. v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399, 409, fn 5. In addition, the terms “must be sufficiently certain ‘to make the precise act which is to be done clearly ascertainable.'” Id. at 409. A joint venture agreement may be oral and is not within the purview of the statute of frauds. Lasry v. Lederman (1957) 147 Cal.App.2d 480, 487-488. Plaintiff alleged sufficient facts to constitute a...

Excerpt: ... claim for misrepresentation, plaintiff must allege with particularity:  defendant represented to plaintiff that an important fact was true;  that representation was false;  defendant knew that the representation was false when made;  defendant intended plaintiff to rely on the representation;  plaintiff reasonably relied on the representation;  plaintiff was harmed; and  plaintiff's reliance was a substantial factor in causi...

Excerpt: ... any future motions to strike or motions for judgment on the pleadings. Plaintiff's Complaint pleads sufficient facts to support a claim for fraudulent concealment. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248; Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 292. Plaintiff alleges the existence of a fiduciary relationship (Complaint ¶ 6), that Defendant concealed certain facts regarding Plaintiff's dental trea...

Excerpt: ... any future motions to strike or motions for judgment on the pleadings. Plaintiff's Complaint pleads sufficient facts to support a claim for fraudulent concealment. Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248; Vega v. Jones, Day, Reavis & Pogue (2004) 121 Cal.App.4th 282, 292. Plaintiff alleges the existence of a fiduciary relationship (Complaint ¶ 7), that Defendant concealed certain facts regarding Plaintiff's dental trea...

Excerpt: ... on a statute of limitations will not lie where the action may be, but is not necessarily, barred. [Citation.] In order for the bar of the statute of limitations to be raised by demurrer, the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred. [Citation.]” (Geneva Towers Ltd. Partnership v. City of San Francisco (2003) 29 Cal.4th 769, 781, citing Mar...

Excerpt: ...n appellate court should look “beyond the claim's label, which is not dispositive when reviewing a trial court's sustaining of a general demurrer. . . .Instead [the court should] focus on the complaint's ‘actual gravamen,' on its ‘facts alleged.'” Peterson v. Cellco Partnership(2008) 164 Cal.App.4th 1583, 1595. (Emphasis original). With the references to the Plaintiffs in the plural, there is a potentially viable argument that Plaintiffs ...

Excerpt: ......

Excerpt: .... The court's discretion will usually be exercised liberally so as not to deprive a party of the right to assert a meritorious cause of action or defense. Defendants satisfied California Rules of Court, Rule 3.1324. Defendants shall file and serve her first amended verified answer to Plaintiff's Verified Complaint, a copy of which was attached as Exhibit A to the moving papers, on all parties who have appeared in this action within 10 days. Motio...

Excerpt: ...r third person not yet a party to the action only if the cause of action asserted: (1) arises out of the same transaction, occurrence, or series of transactions or occurrences set forth in the complaint, or (2) asserts a claim, right, or interest in the property or controversy which is the subject of the COA brought against him. (Id. At §6:525, citing CCP § 428.10(b).) Here, the proposed XC seeks to name a third party that is allegedly responsi...

Excerpt: ...” the proposed second amended complaint when it was first presented. The filing was without legal authority, and thus the second amended complaint purportedly “filed” January 31, 2018, is STRICKEN. The plaintiff shall file the second amended complaint within 10 days. Motion to Compel Depositions The unopposed motion of plaintiff to compel the depositions of two non-party witnesses, Diem Vu and Ky Vu, are DENIED. The first problem is that th...

Excerpt: ...laintiffs shall file and serve by 03/08/2018 the First Amended Complaint, which was attached to Plaintiffs' Motion. Plaintiffs shall attend a second deposition, as properly noticed by Defendant. Plaintiffs and or Plaintiffs' counsel shall pay the reasonable costs of the second deposition. The Jury Trial is continued to 8/6/18 at 9:00 a.m. in Department C24. All statutory discovery deadlines calculated from the trial date shall also be continued a...

Excerpt: ...ntiff's motion. For the following reasons, Plaintiff's motion is denied. In determining whether a preliminary injunction should issue, a trial court evaluates two interrelated factors: (i) the likelihood that the party seeking the injunction will ultimately prevail on the merits of his or her claim and (ii) the balance of harm presented, i.e., the comparative consequences of the issuance and nonissuance of the injunction. Fleishman v. Superior Ct...

Excerpt: ...ently demonstrated the October 26, 2017 emergency meeting was an “emergency meeting” held pursuant to Civil Code section 4923. Such a meeting does not require notice (Civil Code section 4920(b)(1)) and can be called by the president of the association or any two directors other than the president. Civil Code section 4923. That statute was specifically cited by the court in making its ruling—and that the emergency meeting and the actions tak...

Excerpt: ...t adjudication turns on factual questions, the trial court assesses the evidence in light of the parties' respective burdens. The moving party's affidavits are strictly construed while those of the opposing party are liberally construed. Once the defendant's initial burden is met, the burden shifts to the plaintiff to show by substantial evidence that a triable issue of material fact exists as to the claim or defense. CCP §437c; Aguilar v. Atlan...

Excerpt: ...e of a summons, which includes: (1) notice and acknowledgement (Code Civ. Proc., § 415.30); (2) personal service (Code Civ. Proc., § 415.10); (3) if those fail, then substitute service (Code Civ. Proc., § 415.20, subd. (b)); or (4) as a last resort, publication (Code Civ. Proc., § 415.50). The petition does not attach a copy of the subject insurance policy or arbitration provision allowing notice and service of this petition by mail, and the ...

Excerpt: ...veral of the issues identified in the original petition, the subject property remains in non-compliance regarding unpermitted construction in the garage. Petitioner's request that Eric Beatty be appointed as receiver over the subject property is granted. The declaration of Eric Beatty sets forth his qualifications to serve as a receiver to rectify the issues on the subject property and his rates for such services. (CA Health and Safety Code 17980...

Excerpt: ...re: Matter of Sheehan v. Applied Medical Resources Corp, OCSC Case no. 2016- 00894581, should not be deemed related to these cases, transferred to this department and/or consolidated with these cases. 4)Plaintiff Da Loc Nguyen's Order to Show Cause as to Why Stay Claims Should not be Lifted OSC re: Why the matter of Sheehan v. Applied Medical Resources Corporation, OCSC case no. 2016-00894581, should not be deemed related to Nguyen v. Applied Med...

Excerpt: ...te. See, Rule 3.1110(a). Third, there is no supporting memorandum of points and authorities in support of judgment debtor Zavala's motion to vacate renewal of judgment. See, Rule 3.1112(a)(3). Fourth, judgment debtor Zavala has not submitted admissible evidence to demonstrate any defense to enforcement of this renewed judgment is applicable in his case. See, C.C.P. § 683.170 and Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4 th 19...