Excerpt: ...and the trust deed was valueless because it was subordinated to a first trust deed that was for more than the property was worth. The plaintiff asserts it was defrauded into purchasing (in a non-judicial foreclosure sale) a subordinated, and worthless, trust deed because of the misrepresentations. The Basis for Defendant's Demurrer Most of the issues raised by the demurrer (the causes of action are duplicative of the second and third, plaintiff c...

Excerpt: ... appears that Tyner and Dubrovski are only charged in the third and fourth causes of action for retaliation against the plaintiff for requesting accommodations, and for creating a hostile work environment in violation of FEHA. As to the third cause of action, the plaintiff has raised a triable issue of material fact: she claims her termination was in retaliation to her request for a leave of absence, which could be considered a protected activity...

Excerpt: ...en. It provided undisputed evidence that the defendant asked for the ring; she knew she either had to pay for it or return it; the defendant did not pay for it and did not return it, claiming it had been misplaced in the house; and the diamond ring was CGL appraised at over $62,000. Without providing a declaration in opposition or a statement of disputed and undisputed facts (in violation of the Rules of Court), the defendant argues summary adjud...

Excerpt: ...The court exercised its discretion after reviewing the file and how the issues in the case affected those parties and the duty-to-defend question. Thus, the mere fact that the court denied the other motion is not necessarily informative here. The court must again review the issues in light of where the case stands now as to these parties. As a preliminary matter, at the end of its points and authorities in opposition Ninyo & Moore suggests it nee...

Excerpt: ... subpoenas appear to be identical and the arguments raised are the same as to each, the court intends to overlook the procedural problem and rule on the merits this time. Inadequate Meet and Confer The parties did not engage in a meaningful meet and confer as required by the discovery statutes. True, they had an oral conversation. But it is clear from the declarations that they did not engage in the type of meet and confer that is contemplated by...

Excerpt: ...ture of the action, the fact that the plaintiff's deposition has been, or should be, completed shortly (Query: Was it taken February 8?), and the court's lighter calendar in April and much heavier calendar in June of 2022. In its reply, defendant Prompt Delivery continues to fault the plaintiff's counsel for failing to notify it timely of the prior trial date. Given the defendant filed its answer to the complaint on October 8, 2020 (ROA 10)—wit...

Excerpt: .... Moreover, there is evidence from Jonathan Reynolds, an employee of cross-defendant Van Nuys Sheet Metal, that he did not sign the ticket until after the incident, and there is deposition testimony of Charles Kent, the Person Most Knowledgeable from Van Nuys Sheet Metal, that there was a custom and practice regarding the signing of these tickets which was not followed that night. If the ticket was not signed by an authorized agent, or was not si...

Excerpt: ... the opposition thereto. Demurrer A. First through Fifth Causes of Action The First Cause of Action is for Violation of the Fair Employment and Housing Act (“FEHA”). It alleges that the defendants discriminated against the plaintiff “based on gender, race, pregnancy and/or disability/perceived disability.” Each of the next four causes of action also allege violations of FEHA. The Second Cause of Action is for “harassment based on gender...

Excerpt: ...s the motion, as to it, is GRANTED, as to the Fifth Cause of Action for breach of implied warranty. (See ROA 397, 2:3-5; 4:8-9; 7:3-5.) California Motorcycle Accessories, Inc. The plaintiff does not oppose the motion for summary adjudication as to defendant California Motorcycle Accessories, Inc., only insofar as it relates to the undisputed fact that this defendant did not issue any warranty. As to that issue, the motion is GRANTED. (See ROA 397...

Excerpt: ...e was initially treated by defendant Dr. Lorraine Sunday. During physical therapy he suffered further spinal injury. He underwent a cervical MRI and was referred to Field, an orthopedic surgeon, for “failure to progress.” The MRI showed “several levels of disc protrusions with compression of the cord.” Field saw the plaintiff one time on October 27, 2016. He took a written and oral history, conducted a physical examination, and reviewed t...

Excerpt: ...Fiber, LLC, breached the Pole License Agreement and refused to accept SCE's tender of defense. The motion is DENIED. Procedural Irregularities This is the second time that Southern California Edison Company has sought summary adjudication of issues on its cross-complaint as to this cross-defendant. The first time the summary adjudication of issues motion was denied without prejudice; there were numerous procedural errors. Although this second mot...

Excerpt: ...of the procedural posture of the case, the facts proved, and the court's final ruling. As the minute order makes clear, the court had concluded that the defendants were entitled to judgment as a matter of law on the summary judgment motion on the ground that the action was barred by the applicable one-year statute of limitations. Thus, the court's order after hearing was to grant summary judgment. However, the court recognized (as explained in it...

Excerpt: ...n. I. Motion of Defendant Susan Su Chun Wu Defendant Susan Su Chun Wu filed a motion for summary adjudication of issues as to complaint filed by plaintiffs Yoshinori Senga, Sakiko Ogura, and Yasuhiro Senga. 1. First Cause of Action quiet title as to real property located at 203 Nashville Avenue, Huntington Beach. DENIED. Quiet title was pled as to three properties. (See Para. 159 of Second Amended Complaint.) The defendant fails to explain how th...

Excerpt: ...k Linskey M.D. made by any UCI Resident from August 1, 2017 to present. 3. IDENTIFY every Medical Executive Committee (MEC) Incident Report by IR number that involves Mark Linskey M.D. during the period January 1, 2015 through the present time. 4. IDENTIFY all facts that form the basis for each Incident Report involving Mark Linskey M.D. for the period beginning January 1, 2015 through the present time. 5. IDENTIFY all witnesses with knowledge of...

Excerpt: ...tter should be heard by him. But at the prior hearing the parties, without appearing and without argument, submitted on the tentative. The tentative did not offer an opinion on the merits but advised the parties that supplemental briefing on a point not raised by them in their briefs would be helpful. Under these circumstances, the court concludes that it may rule on the motion in the first instance.) Joslin argues that he is not a Member of the ...

Excerpt: ...e cross-complainant's motion for leave to file a second amended cross- complaint. The motion for leave to amend is also on this law and motion calendar, infra. It appears from the declaration of attorney Klein that the that the testimony of these witnesses may be relevant to the current first amended cross-complaint. The court has read and considered all the papers and finds the arguments of the plaintiff without merit. The motion for a protectiv...

Excerpt: ...4:9-10.) May has diabetes and uses a rolling basket. While the plaintiffs were shopping at the back of the store, a “security guard” named “Marie” approached and accused Drake of stealing. The security guard frisked him without his consent and tried to make him stand up, which he could not do. He injured his foot attempting to comply. When May approached to find out what was going on, the security guard accused her of stealing and went th...

Excerpt: ... Douglas Ames, or, in the alternative, to prioritize the liens is GRANTED in part and DENIED in part. The motion to amend the judgment to add costs (but not attorney fees) is GRANTED. To the extent the motion may not have provided adequate notice, the defect was waived by Ames when he filed opposition thereto. To the extent Ames argues the proposed amendment conflicts with this court's prior rulings, he is incorrect. The court awarded costs and d...

Excerpt: ... a question of law for the court to resolve. This is a close case. Although the three cases cited by the parties provide guidance, they are not dispositive. For example, in Fire Insurance Exchange v. Hammond (2000) 83 Cal.App.4th 313 the lease agreement did not include provisions for fire insurance. Here, on the other hand, the lease provides that both the lessor and the lessee are required to obtain fire insurance. A review of Paragraphs 1.7, 3....

Excerpt: ...appear to allow the proper discharge of water. The court is not persuaded that Buchanan v. Los Angeles County Flood Control Dist. (1976) 56 Cal.App.3d 757 controls here. The facts in that case are substantially different. Among other differences, there the Flood Control District artificially diverted water into a wash and allowed it to flow down it at 8 to 9 feet above grade. Here, the evidence suggests there was a “puddle” that the plaintiff...

Excerpt: ...re no allegations that the School District's conduct was directed toward the plaintiffs, and thus no cause of action has been stated. Although such allegation is a general element, there is an exception to that rule when the defendant is aware of the danger but acts in reckless disregard of the plaintiff while knowing the probability that such conduct will cause the plaintiff severe emotional distress. Here, the allegations are that defendant Sch...

Excerpt: ...he responses contained objections. • 8-20-2021 Attorney Fasel sent to opposing counsel a meet and confer letter. • 9-17-2021 Plaintiff served Amended Responses which contained objections or were not answered. • 10-5-2021 Attorney Fasel sent another meet and confer. • 10-12-2021 Plaintiff's counsel responded. At issue herein are the following: RPDS Nos. 14-16, 26-52; RFAs Nos. 1, 2, 4-6, 10, 31; Form Rogs Nos. 17.1 as it relates to RFAS 1,...

Excerpt: ... had legitimate business reasons for the adverse employment action, and Plaintiff cannot show those reasons were pretextual. (Undisputed Material Fact Nos. 1-30.) In order to establish a prima facie case, Plaintiff must show that he was: (1) suffering from a disability; (2) otherwise qualified to do his job; and (3) subjected to an adverse employment action because of his disability. Arteaga v. Brink's, Inc., 163 Cal. App. 4th 327, 344- 45 (2008)...

Excerpt: ...4 Cal. App. 5th 1030(2d Dist. 2018)] Defendant's specific argument herein is that “where the only evidence is that the liquid or grape may have been on the floor for approximately 6 to 7 minutes or less, it must be held that it is insufficient to support an inference that the Defendants failed to exercise reasonable care.” See Motion page 17:17-20. In support of that argument, Defendant cites to Girvetz v. Boys' Market, Inc. (1949) 91 Cal.App...

Excerpt: ...f a statute. It alleges the basic elements of negligence and therefore the demurrer is overruled. Second Cause of Action for Negligence Per Se The violation of a statute, regulation, or ordinance that establishes standards of appropriate conduct may constitute negligence per se if the violation was the cause of the plaintiff's harm. However, this cause of action fails to identify the statute, regulation, or ordinance that the defendants violate�...