Excerpt: ...“Hirson” an d crossdefendants as “Korpivaara.” Defect/misjoinder of parties. Korpivaara has not shown Niral Patel is an indispensable party. “An agent is not an indispensable party in litigation between his principal and a third party over the subject matter of the a g e n c y .” (Writers Guild of America, West, Inc. v. Screen Gems, Inc. (1969) 274 Cal.App.2d 367, 374.) 1st cause of action, declaratory judgment -partner disassociation...

Excerpt: ...onte ntion that it is entitled to insurance coverage for a judgment in an underlying action.” (Dem. at pp. 1 -2.) But defendant has not shown “two exclusions in the insurance policy issued by ANV apply to exclude coverage for Plaintiffs' claim.” (Dem. at p. 1 .) First, the Bankruptcy Exclusion does not bar coverage because it is unenforceable. The Bankruptcy Exclusion purports to exclude coverage for any claim involving “any Wrongful Act ...

Excerpt: ...use of action. The 2nd cause of action premises negligence on a breach of statutory duties: The CARES Act, the FFCRA, and Health & Safety Code section 1342.2. (See FAC ¶ 118.) The 9th cause of action alleges a violation of Section 1342.2 But “the CARES Act do es not grant a private right of action to a provider of COVID -19 diagnostic testing to enforce § 3202.” (Saloojas, Inc. v. Aetna Health of California, Inc. (9th Cir. 2023) 80 F.4th 10...

Excerpt: ...of the defendant's allegations as being true.'” (People ex rel. Becerra v. Superior Court (2018) 29 Cal.App.5th 486, 499.) Here, as in Becerra, defendant has “denied all of [plaintiff's] allegations . . . . This alone should have precluded judgment on the pleadings.” (B ecerra, supra, 29 Cal.App.5th at p. 499; accord 8/14/23 answer at p. 2. [defendant “denies generally and specifically each and every cause of action and allegation”...

Excerpt: ...intiff. (See Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, 397 [Biakanja factors], 406 [auditor's liability “is confined to the client”]; Richard B. LeVine, Inc. v. Higashi (2005) 131 Cal.App.4th 566, 580- 586 [accountant to partnership owed no professional duties to individual partners ].) Plaintiff asserts Welch is liable for aiding and abetting the other defendants' breaches of fiduciary duty, not for breaching any fiduciary duty of ...

Excerpt: ...e is also a judgment against the general partner.” (Corp. Code, § 15904.05, subd. (b); accord Wyo. Stat. Ann. § 17 -21 -307, subd. (c).) Even “[w]here a judgment has been obtained against both the partnership and a general partner, the judgment creditor may not levy against the general partner's assets based on a claim against the partnership unless the general partner is personally liable for the claim” and at least one of several speci�...

Excerpt: ... can be clarified under modern dis covery procedures.” (Ibid.) 1st cause of action, trespass. The complaint states facts sufficient to state this cause of action. “‘The essence of the cause of action for trespass is an ‘unauthorized entry' onto the land of another . . . . regardless of the actor's motivation.'” (Hensley v. San Diego Gas & Electric Co. (2017) 7 Cal.App.5th 1337, 1355.) Here, the complaint alleges the subsidence of d...

Excerpt: ....) The Village has shown it gave effective notice to defend ant Garfield Beach CVS LLC of its change of address by the 4/30/18 email. The Village has shown CVS waived the lease's notice provisions by accepting the 4/30/18 emailed notice. (See Irving v. Sunset Mut. Life Ins. Co. (1935) 4 Cal.App.2d 455, 460 [ins urer's acceptance waived policy's notice provisions]; Lynch v. California Coastal Com. (2017) 3 Cal.5th 470, 475 [implied waiver]; see a...

Excerpt: ...v. California Department of Public H ealth (2016) 1 Cal.App.5th 1000, 1007.) The complaint does not allege the date that the plaintiffs discovered the alleged defects with the vehicle's transmission. (See Code Civ. Proc. § 338, subd. (d).) “[W]hen the relevant facts are not clear such that the cause of action might be, but is not necessarily, time- barred, the demurrer will be overruled.” (Coalition for Clean Air v. City of Visalia (2012) 20...

Excerpt: ... Company's antiSLAPP motion is granted. These allegations are stri cken: • General allegations ¶¶ 21, 22, 23, 24 and 25. • 2nd cause of action ¶¶ 35(f) and (g), 38 -39. • 3rd cause of action ¶¶ 41 at 12:17 -18 (“PIIC attached a copy of its 2014/2015 policy as Exhibit 4 to its April 4, 2018 Complaint against TSRI and Vi lagut in the federal action”), 42(a), (b) & (h), 45. • 5th cause of action ¶ 55 at 15:25 (“and the PIIC fede...

Excerpt: ...urden to show any challenged cause of action has no merit. (See Code Civ. Proc., § 437c, subds. (a), (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 -851 [same].) Defendant has “the burden to show that it [is] entitled to judgment with respect to all theories of liability asserted by ” plaintiff. (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 717; accord Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 942 [m...

Excerpt: ...o v. Owens -Corning Fiberglas C orp. (1971) 22 Cal.App.3d 116, 124 -125 [property right required]; Edwards v. City of Los Angeles (1941) 48 Cal.App.2d 62, 67 [lodger has no property right]; see also Compl. Ex. A [hotel receipt].) On the other hand, defendants have not shown plaintiff can not assert a public nuisance. Plaintiff adequately “alleges facts showing special injury to himself in person . . . of a character different in kind from that ...

Excerpt: ...ng charging order – it is needed only to create a prehearing lien. (Code Civ. Proc., § 708.320.) It is not clear whether the court prematurely awarded attorney fees on the cross -complaint while the complaint was still pending. “A cross -complaint is generally considered to be a separate action from that initiated by the complaint.” (Westamerica Bank v. MBG Industries, Inc. (2007) 158 Cal.App.4th 109, 134 [allowing postjudgment costs on cr...

Excerpt: ...uires an employee to prove ‘severe or pervasive' harassment.” (Beltran v. Hard Rock Hotel Licensing, Inc. (2023) 97 Cal.App.5th 865, 878.) While “‘[a] single incident of harassing conduct'” may be sufficient, the conduct still must have “‘unreasonably interfered with the plaintiff's work perfo rmance or created an intimidating, hostile, or offensive work environment.'” (Ibid.) Here, the complaint alleges a single meeting at wh...

Excerpt: ...fense]; CACI No. 4552 [same].) Virzi shows its work at the property was completed and accepted on 9/18/19. (See Def. SSUF # 13, 15, 17.) The alleged defect consists of a raised wheel stop/parking block in the blue-striped pedestrian access aisle next to a parking space for persons with disabilities. (See Def. SSUF #2; Def. Evid. (ROA #185), Ex. B [Pl. Depo. 39:9-40:9, 44:1-14]; see also Compl. ¶¶ 10-11; Pl. Evid. (ROA #213), Ex. A.) This is a p...

Excerpt: ...6) 177 Cal.App.3d 792, 802 [“the statute or ‘enactment' must at the very least be identiÞed” in the complaint].) Here, the 4th cause of action identiÞes Government Code section 815.6, which codiÞes the negligence per se doctrine against public entities who violate mandatory statutory duties. (FAC ¶ 142.) The speciÞc statues allegedly imposing mandatory duties on defendant are then identiÞed as Education Code section 32261, 32280-32282...

Excerpt: ...tly note all three causes of action asserted against them sound in professional negligence and are therefore subject to Code of Civil Procedure secton 340.5. (See Larson v. UHS of Rancho springs, Inc. (2014) 230 cal.App.4th 336, 347; see also TAC 498- 508 [medical malpractice], 510-516 [battery by injection without informed consent], 517-525 [breach of fiduciary duty by failing to diagnose and inform].) As construed by case law, Section 340.5 bar...

Excerpt: ...view granted 2/1/23 ["we decline to hold plaintiffs' claim is barred on the ground there was no relationship requiring Nissan to disclose known defects"]; OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 851 ["a vendor has a duty to disclose material facts ... to subsequent purchasers when the vendor has reason to expect that the item will be resold"]; see also FAC 65-68, 72, 75.) The FAC adequately a...

Excerpt: ...es of Court, Rule 3.1320, subd. (a).) The parties did meet and confer, but defendant did not file the required declaration until the reply. (See ROA #77.) As it is only the signature block that pushes the brief past the page limit, the court excuses the violation. Future overlength briefs may be stricken. (See Cal. Rules of Court, rules 3.1113(g), 3.1300(d).) Uncertainty. The complaint is not "so incomprehensible that a defendant cannot reasonabl...

Excerpt: ...vered the alleged defects with the vehicle's transmission. (See Code Civ. Proc. S 338, subd. (d).) "[Wlhen the relevant facts are not clear such that the cause of achon might be, but is not necessarily, time-barred, the demurrer will be overruled." (Coalition for Clean Air v. City of Visalia (2012) 209 Cal.App.4th 408, 420.) he FAC adequately alleges a basis for imposing a duty to disclose — defendant's sole knowledge of the transmission defect...

Excerpt: ...ies outside the administrative agency s jurisdiction, when pursuit of an administrative remedy would result in irreparable harm, when the agency is incapable of granting an adequate remedy, and when resort to the administrative process would be futile"); see also Am. Pet. at pp. 8:28-9:28.) Second, "a demurrer must be overruled if the moving party has alleged facts entitling him to some form of relief." (Woods v. Superior Court (1981) 28 Cal.3d 6...

Excerpt: ... in the complaint are admitted for purposes of the motion, and the court determines whether those facts constitute a cause of action. The court also may consider matters subject to judicial notice"" (Harris v. Grimes (2002) 104 Cal.App.4th 180, 185.) The complaint alleges defendant violated the California Voting Rights Act by diluting the votes of Latino residents through unlawful at-large elections in November 2020 and 2022. (See Compl. "1 1, 3....

Excerpt: ...aliation for ethics reports by plaintiff to Kaiser (id. '1 9); (iii) failed to respond to plaintiff's complaints about Liu improperly using Kaiser equipment at home (id. '1 14); (iv) Kaiser employee Acevedo calling plaintiff a "stapler" (id. 915); (v) Kaiser employee Acevedo assisting Liu with his child custody dispute on company tme (id. '1 15); (vi) found plaintiff's complaints to Kaiser be without merit (id. '1 21); (vii) falsely claimed that ...

Excerpt: ...arties may agree in writing to take the deposition remotely or ata different date, time, or location. Plaintiff has shown the deposition was properly noticed, that defendant failed to timely serve objections, and that defendant failed appear for the deposition or produce documents. (Code Civ. Proc., SS 2025.410, 2025.450, subd. (a); see also Goldsmith decl. "1 4-8, Exs. 1-3.) Plaintiff has also shown and adequate meet-and-confer about the nonappe...

Excerpt: ...how the types of HIPAA violations that give rise to terminations and those that require lesser disciplinary acton (contrary to defendant's asserted zero- tolerance policy), as well as defendant's investigation of HIPAA violations." (ld. Ex. 4 at p. 3.) In turn, this information would reasonably assist plaintiff in evaluating both her own retaliation claims and defendant's assertion that it would have fired plaintiff for the HIPAA violation regard...