Excerpt: ... plainti
¯.” (Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[I]n cases involving automobiles or other vehicles, it is su
¯icient to aver that defendant negligently operated the vehicle without alleging how or in what respect it was done.” (Id. at 155.) Likewise, it is su
¯icient to allege damages “as a direct and proximate consequence and result” of the negligence. (Id. at 156.) “[N]egligence and proximate cause m...

Excerpt: ...th]; and (2) the Motion for Summary Judgment, filed on 4/26/23. Both Motons are GRANTED. Summary judgment is proper where the evidence shows there is no triable issue of material fact and the moving party is entitled to judgment as a Where a defendant is the moving party, it must establish that one or more of the elements of a cause of action cannot be established or that a complete defense exists to the cause of action. (ld.; C.C.P. S 437c(o).) ...

Excerpt: ...summary judgment bears the burden of showing that a cause of action has no merit if the defendant shows that one or more elements of the cause of achon cannot be established, or that the defendant has a complete defense to the cause of action. (CCP S 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied....

Excerpt: ...h 826, 843, citations omitted.) Courts "'construe the moving party's affidavits strictly, construe the opponent's affidavits liberally, and resolve doubts about the propriety of granting the motion in fawr of the party opposing it.'" (Unilab Corp. v. Angeles-IPA (2016) 244 cal.App.4th 622, 636, quoting Seo v. All—Makes overhead Doors (2002) 97 cal.App.4th 1193, 1201 1202.) Plaintiffs seek summary adjudication as to Defendants Amazon.com, Inc. a...

Excerpt: ...en identify available dates for Plaintiff, rejected proposed dates suggested by Plaintiff's counsel, and then informed Plaintiff's counsel that Mr. Lomax had gone to work for an allegedly unaffiliated entity and thus could no longer be produced for deposition at all. (Trujillo Decl. '1 25; Bennett Decl. "16—9, and Ex. 2.) The Court finds a troubling lack of detail in the explanation of the circumstances which led to that claim, as to what posit...

Excerpt: ...ng Companies, Inc. ("SBC"), Bisher Aljazzar ("Aljazzar"), Deenna S. Elsherif ("Elsherif") (individually and as trustee of the Deenna Elsherif Living Trust etc.), and Stolac LP ("Stolac") (collectively the "Defendants"). Under C.C.P. S 437c(p)(1), on a motion for summary judgment or adjudication, a moving plaintiff has the initial burden of showing each element of the cause of action entitling the party to judgment thereon and that there is no def...

Excerpt: ... of $209,000 was reached at a mediation on 11/11/22. Although Medina had been invited to attend and had recently filed her answer, Medina opted to not participate in the mediation. (Dorr Decl. 912) The settlement agreement is attached to Dorr's declaration and states that it is "expressly conditioned on court approval of Petitions for Minor's Compromise." (Exh. 1, 913) Section 877.6 allows a settling defendant or cross-defendant to obtain a deter...

Excerpt: ...), Set Two, filed by Mr. Gorla. 80th motons are GRANTED IN PART as discussed below. Motion 1 Pursuant to Code Civ. Proc. S 2025.290(a), the court shall allow additional time for deposition, beyond the seven-hour limit imposed by this section, "if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination." The Court finds Cross-Defendants have shown good cause for a furthe...

Excerpt: ...Christian (1968) 69 cal.2d 108.) The duty to warn of or remove a dangerous condition of property created by a third party arises only when the landowner had actual or constructve knowledge, or by ordinary investigation should know, of the dangerous condition. (Hatfield v. Levy Brothers (1941) 18 Cal.2d 798, 806); see also Ortega v. Kmart Corp. (2001) 25 Cal.4th 1200, 1206 (Ortega).) California courts have also repeatedly held that landowners are ...

Excerpt: ...ing the demurrer in part with leave to amend, the Court deems the motion to strike MOOT. Statute of Limitatons In ruling on a general demurrer based on statute of limitations grounds, the running of the statute must appear "clearly and affirmative y" from the face of the complaint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Stueve Bros...

Excerpt: ... 39 Cal.3d 311, 318.) Defendant demurs to the fourth cause of action for fraudulent inducement/concealment, arguing the FAC fails to allege any pre- or post- transacton communications, knowledge of the defects, or intent to induce reliance. Further, Defendant argues that absent a fiduciary relationship between the parties, a duty to disclose only arises where (1) the defendant had exclusive knowledge of the material fact; (2) the defendant active...

Excerpt: ...ng Companies, Inc. ("SBC"), Bisher Aljazzar ("Aljazzar"), Deenna S. Elsherif ("Elsherif") (individually and as trustee of the Deenna Elsherif Living Trust etc.), and Stolac LP ("Stolac") (collectively the "Defendants"). Under C.C.P. S 437c(p)(1), on a motion for summary judgment or adjudication, a moving plaintiff has the initial burden of showing each element of the cause of action entitling the party to judgment thereon and that there is no def...

Excerpt: ...s and unintelligible as pled. (Code Civ. Proc. S 430.10(f).) 1) COA No. 2 —Negligent Failure to Carry Out a Mandatory Duty Pursuant to Education Code S 44807 & 44808 This is a negligence per se COA as it is based upon two statutes. "The doctrine of negligence per se is not a separate cause of action, but creates an evidentiary presumption that affects the standard of care in a cause of acton for negligence." (Turner v. Seterus, Inc. (2018) 27 C...

Excerpt: ...vacy exists as to a party's employment records. (Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 528-529.) However, privacy protections are not absolute, and courts must carefully balance the right of privacy against the need for discovery. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion t...

Excerpt: ...dice or the status of the case as a whole are unavailing. It is undisputed that Plaintiff Aiden Bravo is under the age of 14 and that this case is a wrongful death/personal injury case. The question is whether the minor plaintiff has a substantial interest in "the case as a whole." The court is unaware of case law that sets out any test or boundaries to determine whether the minor has a substantial interest in the case as a whole, leaving this as...

Excerpt: ... to relief under the discretionary provision of secton 473(b) for at least some of what is requested. 1) The June 15, 2023 Order Wilshire seeks to set aside the June 15, 2023 Order dismissing its cross-complaint. It contends it is entitled to relief based on "surprise" or "excusable neglect" because its former attorney, Ms. Kim, failed to inform Wilshire of the June 15, 2023 ex parte hearing, failed to appear at said hearing on Wilshire's behalf,...

Excerpt: ...Plaintiff has failed to show that it did not adequately comport with C.C.P. S 2015.5. On the merits, for Form Interrogatory ("FROG") Nos. 1.1, 15.1, and 17.1 as directed to RFA 14, each response is incomplete and lacking in adequate specificity. The Motion is therefore GRANTED for FROG Nos. 1.1, 15.1, and 17.1 as directed to RFA 14. The Motion is DENIED as to FROG 2.8, as Plaintiff has not shown why the response is insufficient given the context ...

Excerpt: ...r both state and federal law." (Tiri v. Lucky Chances, Inc. (2014) 226 Cal. App. 4th 231, 240.) "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 cal.4th 951, 972; Green Tree Financial ...

Excerpt: ...ty or was regarded as suffering from a disability; (2) he could perform the essential duties of the job with or without reasonable accommodations; and (3) he was subjected to an adverse employment action because of the disability or perceived disability. (Wills v. Superior Court (2011) 195 Cal.App.4th 143, 159-160.) Because Plaintiff's claims are asserted against a public entity and are based on FEHA, a statutory scheme, his causes of achon must ...

Excerpt: ...ding company that owns Flagstone Healthcare Central, LLC which owns Empire. TEG also owns ESI which had a consulting agreement with Empire to provide various services. l. MOTION BY THE ENSIGN GROUP, INC. Plaintiff's Objections to Decl. of Robert Shephard Plaintiff asserts objections to 17 statements made in the declaration of Robert Shephard. The objections are OVERRULED. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take ju...

Excerpt: .... Code S 210.) In terms of expert evidence, such testimony must be "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code S 801.) Here, the City's expert evidence is relevant to the City's defenses in this action. Petitioner alleges the City illegally imposed water and sanitation fees and charges on residents that exceed the cost of providing said services a...

Excerpt: ...'s discovery response from September 25, 2022 indicating she was being treated by the Witness as a result of the subject incident and Plaintiff's claim for wrongful death damages based on loss of society, comfort, care, and protection afforded by the decedent. However, Plaintiff amended her discovery response just two days after the initial responses to indicate that the Witness had been erroneously identified and to clarify that Plaintiff was no...

Excerpt: ...tion to compel a nonparty to comply with a deposition subpoena for document production. At least one court applied the good cause showing requirement to a nonparty production, "since it is unlikely the Legislature intended to place greater burdens on a nonparty than on a party to the litigation." (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223-224.) To establish "good cause," the burden is on the moving party to demo...

Excerpt: ...ent between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Management, LLC (9th Cir. 2016) 655 Fed.Appx. 828, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F. 3d 559, 555.) In determining the validity or "the rights of parties to enforce an arbitration agreement within the FDA's scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration." (Pinnacle Museum Tower ...

Excerpt: ...nd cause of action for battery. "A battery is any intentional, unlawful and harmful contact by one person with the person of another.... A harmful contact, intentionally done is the essence of a battery.... A contact is "unlawful" if it is unconsented to....' [Citation.) The elements of a civil battery are: ' "1. Defendant intentionally did an act which resulted in a harmful or offensive contact with the plaintiffs person; [9] 2. Plaintiff did no...

Excerpt: ...discussed below. On Item 1, Plaintiff asserts that $90 of the sum claimed should be taxed. The Court, however, has found that only $30 of the sum claimed should be taxed, for five "check advance" fees at $6 each. The Mohon is therefore granted as to $30 of the sum claimed, but otherwise denied. On Item 5, the charges claimed appear appropriate, except as to those for picking up exhibits ($81.50) and for the entry showing "2/28/23 Copy to Court" (...

Excerpt: ...exemption. l. MOTION TO VACATE DEFAULT The motion to vacate is based on CCP "473.5 and 473(b). The subject motion is made on behalf of both RND Genetics and Richard Santos. With regard to RND Genetics, Hensley submits proof that it served the complaint on RND Genetics. (Exh. 5 to Murray Decl.) There is no evidence submitted by RND Genetics, LLC showing that it was not pro#rly served with the complaint. Further, Santos states in his declaration th...

Excerpt: ...discovery into similar defects on similar automobiles as the vehicle at issue. Plaintiff has not made sufficient arguments showing that information is relevant to the issues in the present Moton. Thus, the court denies that request. Plaintiff also argues Defendant did not strictly comply with CA Rules of Court, Rule 3.1350(b). The court finds Defendant's notice and separate statement were sufficiently similar to on the merits of the Moton. The co...

Excerpt: ...ttling Defendants"). Where a non-settling defendant contests "good faith," the moving party must make a sufficient showing on all Tech-Bilt factors. (City of Grand Terrace v. Sup.Ct. (1987) 192 CA3d 1251, 1261-1252; Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 cal. 3d 488, 499.) The settlement must be within the "ballpark" of the settling party's share of potential liability. (Tech-Bilt, supra, 38 Cal.3d at 499.) But the party asserti...

Excerpt: ... with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage." ' " (Ramos v. Su#rior Ct. (2018) 28 Cal. App. 5th 1042, 1051.) When a party petitions a court to compel arbitration under the FAA, "the district court's role is limited to determining whether a valid arbitration agreement exists and, if so, whether the agreement encompasses...

Excerpt: ... for negligent infliction of emotional distress, the elements of duty, breach of duty, causation and damages apply. (Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 129.) The facts as alleged do not permit such a claim here. When asserting a "direct victim" claim such as that alleged here, a plaintiff may recover in only three types of factual situations: (1) the negligent mishandling of corpses (Christensen v. Superior Court ...

Excerpt: ...contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Cause of Action 2: Sexual Harassment To allege a claim for hostle work environment, plaintiff must plead 1) plaintiff belongs to a protected group; (2) plaintiff was subject to unwelcome sexual harassment; (3) the harassment complained of was based on sex; (4) the harassment complained of was sufficiently pervasive so as to alter the conditions of...

Excerpt: ...nd the declarations then provide page and line references for the identified exhibits. The Motion thus adequately complies with the requirement. On the merits, TIC has shown that the subject curb where Plaintiff fell was not a "dangerous condition" as a matter of law. The uncontradicted evidence reflects that it was and comports with industry standards. (UF 19, 20.) Whether a condition is dangerous may be resolved as a question of law if reasonab...

Excerpt: ...pear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice." (CCP S438(d).) "In reviewing the motion, [the Courtl deem[s] true all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law, and we may also consider judicially noticed matters. [Citation.]" (Bear Creek Master Assn. v. Southern California Investors, Inc. (2018) 28 Cal.App.5th 809, 817.) ...

Excerpt: ...that it is reasonably probable it will prevail on the merits. (San Francisco Newspaper Printing Co. v. Superior Court (1985) 170 Cal.App.3d 438, 442; Weil & Brown, 9:632.1.) Additionally, "[i]n deciding whether to issue a preliminary injunction, a trial court we-ghs two interrelated factors: [1] the likelihood the moving party ultimately will prevail on the merits, and [2] the relative interim harm to the parties from the issuance or noninsurance...

Excerpt: ... Sales, Inc. ("Truxas") is off calendar per notice of withdrawal at ROA 464. The Second Amended Motion On 04/10/23, after Engs had filed ffs opposition to Emilio's initial MS] filed 10/11/22, the court continued the hearing on the initial MSJ to 08/28/23. The court's minute order did not authorize Emilio to file an amended motion. Emilio also never sought leave of court to file an amended motion. Thus, at that point, Emilio's options were to file...

Excerpt: ... be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable that the defect can be cured by amendment." (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Here, the only allegations asto Defendant Wag Labs, Inc. ("Defendant" or "Wag ...

Excerpt: ... recovery of punitive damages." (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 405) "The plaintiff must also allege (and ultimately prove by clear and convincing evidence) that the neglect caused the elder or dependent adult to suffer physical harm, pain or mental suffering. (Citations omitted) Finally, the facts constituting the neglect and establishing the causal link between the neglect and the injury "must be plea...

Excerpt: ... Core Lending's demurrer as to the first cause of action for quiet title as alleged in the Second Amended Complaint on the grounds that the first cause of action is not brought against Core Lending. The demurrer is again OVERRULED as to the first cause of action for quiet title on the same grounds. Second cause of action for breach of contract. The second cause of action is for breach of contract. The elements of the cause of action are the exist...

Excerpt: ... paying attention. As the result, Defendant allegedly hit the rear of Plaintiff's vehicle, which had been stopped at a light, causing Plaintiff damages. Plaintiff sought punitive damages as part of the Complaint. Defendant moved to strike the punitive damage language pursuant to Civ. Proc. Code SS 435, 436, and 431.10(b)(2). he availability of punitive damages is laid out in Civ. Code S 3294 and requires sufficient allegations of malice, oppressi...

Excerpt: ...low, Motion 1 is DENIED. Motion 2 is GRANTED, but with reduced sanctons. Moton 3 is GRANTED in part, deemed MOOT in part, and DENIED as to sanctions. MOTION 1 Sanctions are warranted when there are "[m]isuses of the discovery process," such as "[flailing to or to submit to an authorized method of discovery" or "[d]isobeying a court order to provide discovery." (C.C.P. SS 2023.010; 2023.030.) C.C.P. S 2030.290(c) [re rogs] provides that if a party...

Excerpt: ...idered the Opposition papers filed on 9/25/23, as they would otherwise have been timely. But the Court will not consider Buyers' additional submissions filed on 9/29/23, as they were plainly untimely, and effectively deprived Seller of an opportunity to respond thereto. On the merits, both sides ask the Court to "enforce" their settlement agreement (the "Agreement") in accordance with C.C.P. S 664.6. However, Seller asks the Court to enter a Judg...

Excerpt: ...ndant O Hill as well. As a preliminary matter, Defendants request judicial notce of a number of court records in the underlying family law matter, as well as the Complaint in this case. That request is unopposed, and the request for judicial notice is granted. In ruling on a special motion to strike made under S 425.16, the trial court engages in a two-step process. "First, the defendant must establish that the challenged claim arises from activi...

Excerpt: ...azavi's ("Mortazavi") various responses to sets two and three of requests for production. A motion to compel further responses is proper under certain circumstances as laid out in Civ. Proc. Code S 2031.310(a). RFP, Set Two: RDI seeks Primevere and Zibasara's further responses to RFP Nos. 106, and Mortazavi's further response to RFP No. 111. These requests and the responses thereto are identical. The issue here is that RD' seeks documents relatin...

Excerpt: ... summary judgment, a plaintiff has met its burden of showing that there is no defense to a cause of achon if it has proved each element of the cause of action entitling the party to judgment on the cause of action. Code Civ. Proc. S 437c(p)(1). Once the plaintiff has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Code Civ. Proc. ...

Excerpt: ...n — Elder Abuse Elder abuse is defined in Welfare & Institutions Code section 15610.07 as physical abuse, neglect, abandonment, isolation, abduction or other treatment resulting in physical harm, pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welt & Inst. Code S 15610.07(a)(1)-(2).) Neglect is defined in secton 15610.57 as "[tlhe negligent fai...

Excerpt: ...iency of factual allegations in a complaint." (Rakestraw v. Cal. Physicians' Service (2000) 81 Cal.App.4th 39, 42.) Plaintiffs' well-pleaded facts are assumed to be true by the Court, but the Court does not assume the truth of contentions, deductions, or conclusions of fact or law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Generally, it is an abuse of discretion to sustain a demurrer without leave to amend if there is any reasonable possibili...

Excerpt: ...sserts a claim for "Fraud and Deceit." Where fraud is alleged, every element must be alleged in full, factually and specifically. The policy of liberal construction of pleading will not be invoked to sustain a pleading defective in any material respect. (Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157.) The particularity requirement necessitates pleading facts that show how, when, where, to whom, and by what means the repr...

Excerpt: ...dequately met and conferred with Defendant to attempt to resolve this dispute, Specifically, it appears from the Opposition that: (a) Plaintiffs are asserting that they were obligated under the "agreement" at issue to fund only the first and second deposits under the two relevant purchase and sale agreements, in the maximum total sum of $500,000; (b) Plaintiffs are not asserting that they personally had sufficient resources to fund those first an...

Excerpt: ...fy, could and would testify competently to them" and that the documents are "true and correct copies" of what they are purported to be. This is simply not sufficient to authenticate these documents. (Evid. Code S 1401(a); Cont'l Baking Co. v. Katz (1968) 58 Cal. 2d 512, 525—26.) Major's declaration also shows a lack of personal knowledge regarding the authenticity of the documents. (Evid. Code S 702.) Major states that he has personal knowledge...