Excerpt: ...tion is GRANTED on the ordinary negligence claims based on the liability waiver, the negligence per se claim based on Huntington Beach Municipal Code § 13.080.130, the breach of contract claims, and the alter ego/piercing the corporate veil as to Defendant Allred. The TOTN Defendants' Request for Judicial Notice is GRANTED. Legal Standard for MSJ/MSA: A motion for summary judgment “shall be granted if all the papers submitted show that there i...

Excerpt: ...n, as the Motion argues. (See CCP § 392; Sims v. Mains (1933) 131 Cal.App. 307, 311 ("That the action is transitory in its form is the only conclusion that can be reached upon an inspection of the complaint. It is directed only to the recovery of personal property or its value."); see Complaint ¶22; see Campbell v. Nichols (1959) 167 Cal.App.2d 329, 331; Peterson v. Sherman (1945) 68 Cal.App.2d 706, 712.) The main relief requested in the Compla...

Excerpt: ... to be served upon plaintiff a Notice of Deposition for Mr. Pettit, which included a request to produce fifteen (15) categories of documents. In response thereto, plaintiff asserted a number of “boilerplate” objections, coupled with an indication that it would produce whatever “non-privileged documents” it has in its possession. The deposition then went forward on 02/04/20. During that deposition, the deponent was unable to provide substa...

Excerpt: ..., Unfair, or Fraudulent Business Acts and Practices Business & Professions Code §§ 17200, et seq., but denies the Motion as to the second and third causes of action for Breach of Contract. Leave is given to file an amended complaint within 15-days of the hearing. “A motion for judgment on the pleadings is akin to a general demurrer; it tests the sufficiency of the complaint to state a cause of action. [Citation omitted.] The court must assume...

Excerpt: ... (Griffith v. Department of Public Works, 141 Cal.App.2d 376, 296 P.2d 838.) The courts, however, will not close their eyes to situations where a complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed. (Alphonzo E. Bell Corp. v. Bell View Oil Syndicate, 46 Cal.App.2d 684, 116 P.2d 786; Chavez v. Times Mirror Company, 185 Cal. 20, 195 P. 666.) Thus, a pleading vali...

Excerpt: ...t all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” CCP § 436. Further, “(a) A material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense. (b) An immaterial allegation in a pleading is any of the following: (1) An allegation that is n...

Excerpt: ... seeking damages, costs, and attorney fees remains. When a money judgment is satisfied in full, the judgment creditor must file with the court an acknowledgement of the satisfaction of the judgment. (§ 724.030.) The judgment debtor may serve a demand on the judgment creditor to comply with this requirement, and if the judgment creditor fails to do so within 15 days after receipt of the demand, the judgment debtor may file a noticed motion with t...

Excerpt: ...arties, counsel, and their agents are also directed not to disseminate the third parties' contact information, and to keep it confidential, except for disclosures as needed in the course of investigation and pursuit of this litigation. (See Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, 1259; Williams v. Superior Court (2017) 3 Cal.5th 531, 559, n10.) Defendant is awarded a reduced monetary sanction of $2,900 payable by Plaintiff within 60...

Excerpt: ...) Therefore, the court may properly consider the merits of this matter. Request for Judicial Notice: Pursuant to Evidence Code § 452(d)(1), the court may take judicial notice of records of “any court of this state.” However, while the court may “judicially notice a variety of matters, only relevant material may be noticed.” (Aquila, Inc. v. Sup. Ct. (2007) 148 Cal.App.4th 556, 569.) Further, the court may take judicial notice of court re...

Excerpt: ...Defendants' employees address, telephone number, social security number, driver's license, employment history, education, references or professional and technical qualifications may be disclosed at this time. Plaintiffs' request for monetary sanctions is DENIED since the motion was not brought in bad faith and defendants' position was substantially justified. Defendants objected to all categories of documents sought in the subpoena on the followi...

Excerpt: ...-complaint against the plaintiff in an action commenced under Title 7 (commencing with Section 1230.010) of Part 3. (b) Any cause of action he has against a person alleged to be liable thereon, whether or not such person is already a party to the action, if the cause of action asserted in his cross- complaint (1) arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause brought against him or (2) assert...

Excerpt: ...a used vehicle. (See Civil Code §§ 2981.9, 2982(a)(1)(L), (r), 2982.2(a)(1)(B) and Editor's Notes in West's Code Annotation; see Vehicle Code § 11713.21(b).) These statutes appear to be interrelated and create statutory rights and obligations in connection with the purchase and sale of the used vehicle. Appellate courts have applied § 1632's translation requirement to the seller duties within the Automobile Sales Finance Act. (See, e.g., Reye...

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: ...mages, for a total judgment amount of $192,730.00. The court may determine the proper amount of credits/offsets from a pre-trial settlement in a post-judgment motion. In general, when a pretrial settlement does not differentiate between economic and noneconomic losses, the court must determine the amount of the settlement attributable to each type of loss, because only the amount attributable to the joint responsibility for economic damages may b...

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: ...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: ...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: ...ny (not Teresa) initiated a contractual arbitration with JAMS pursuant Para 20.1 of the Future Fins LLC Operating Agreement. The only signatories to that operating agreement, and thus the contractual arbitration provision, were Odyssey and Wesrae. Nevertheless, Tony joined as a claimant, and named Vincent, Skaist/SYCR, Marinescu, Wesrae and Vincent's ex-wife. Vincent and Westrae filed a counter-claim in arbitration, while Skaist and SYCR declined...

Excerpt: ... §1033.5), the verified memorandum of costs is prima facie evidence of their propriety. The burden then rests with the party seeking to tax costs to show they were improper, unreasonable or unnecessary. Benach v. County of Los Angeles (2007) 149 Cal.App.4 th 836, 856. If the party seeking to tax costs makes a proper objection to an item in the cost bill (as determined after the trial court reviews the submissions), the burden then shifts back to...

Excerpt: ...ission Hospital Medical Center (“Mission”); (2) Manor Care of Fountain Valley (Manor”); (3) Memorial Care Saddleback Memorial Medical Center (“Saddleback”); (4) Orange Coast Memorial Medical Center (“OCMMC”); and (5) Hector Ramirez, M.D. For Nos. 1-4, Defendants issued separate subpoenas for: (a) Medical Records; (b) Radiology Records; and (c) Billing Records, for a total of 13 subpoenas at issue here. Both motions reflect that effo...

Excerpt: ...ho would be most competent to testify” to its financial condition. (Civ. Code § 3295(c).) Beyond the foregoing, no pretrial discovery by plaintiff is permitted without a court order; and such order can be granted only if the court finds there is a “substantial probability that the plaintiff will prevail” on his or her claim for punitive damages. (Civ. Code § 3295(c); Kerr v. Rose (1990) 216 Cal.App.3d 1551, 1565.) Typically, to obtain suc...

Excerpt: ...l meet and confer in compliance with §430.41(a). Defendant to give notice. 1st COA: Demurrers are sustained. The nature of the relation between the mobilehome owner and the park owner, or the prospective homeowner and the park owner, is one of landlord tenant, or landlord and prospective tenant. (See Civ. Code § 798.2, .4, .8, .9; Cacho v. Boudreau (2007) 40 Cal.4th 341, 349; Bevis v. Terrace View Partners, LP (2019) 33 Cal.App.5th 230, 249-51....

Excerpt: ...ely or improbable, the allegations made must be accepted as true for the purpose of ruling on the demurrer. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when ruling on a demurrer. Day v. Sharp (1975) 50 Cal.3d 904, 914; Sosinsky ...

Excerpt: ...l., Neglig., ¶5 and 6 and ¶ PremL-1 and 2.) “If an unsafe condition of the property is so obvious that a person could reasonably be expected to observe it, then the [owner/lessor…/one who controls the property] does not have to warn others about the dangerous condition. However, the [owner/lessor/…/one who controls the property] still must use reasonable care to protect against the risk of harm if it is foreseeable that the condition may ...

Excerpt: ...ficient to constitute a cause of action (CCP § 430.10(e)) and they are each uncertain, ambiguous, and unintelligible (CCP § 430.10(f)). A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The issue is the sufficiency of the pleading, not the truth of the facts alleged. Thus, no matter how unlikely or improbable, the allegati...