Excerpt: ...RA cap for non -economic damages;” and (2) “ Defendant, FIRST LIGHT RECOVERY, LLC (First Light) is not a health care provider, contrary to what is asserted by the First Light in their Eleventh Affirmative Defense in their Answer to Plaintiff's First Amended Complaint, thus, First Light would not be s hielded by the $250,000 MICRA cap for non -economic damages”. (Not. of Motion, p. 2, lines 7 -16, emphasis added.) Defendant argues that the i...

Excerpt: ...s motion complies with rule 3.1324 of the California Rule s of Court, as it includes a red -lined copy of the proposed First Amended Complaint which alerts the Court, and the parties, to the proposed revisions. In addition, the declarations submitted in conjunction with the motion specify the effect of the amendme nt, why the amendment is necessary and proper, when the facts giving rise to the amended allegations were discovered, and the reasons ...

Excerpt: ...ing a demurrer, the scope of permiss ible amendment is limited to the causes of action that have been originally pleaded. (People By & Through Dep't of Pub. Works v. Clausen, 248 Cal.App.2d. 770 (1967). A plaintiff, therefore, may not amend the complaint by adding new causes of action without first obtaining an order from the court. (Harris v. Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023 [“Following an order sustaining a demurrer …...

Excerpt: ...within the meaning of Section 583.310 of the Code of Civil Procedure on the filing of the plaintiff's original compl aint. (Bruns v E-Commerce Exch., Inc. (2011) 51 Cal.4th 717, 723.) A judge may dismiss an action, on the judge's own motion or on the defendant's motion, after notice to the parties when the action is not brought to trial within this time period. (Code Ci v. Proc. § 583.360(a).) The three statutory exceptions that tol...

Excerpt: ... Complaint filed by Plaintiff JOSE MARTINEZ -DURAN (“Plaintiff” ). The Alternative Motion for Summary Adjudication of Issues is therefore MOOT. The Complaint contains 10 causes of action related to alleged discrimination and unpaid wages by Defendant, Plaintiff's former employer. After showing that Plaintiff faile d to comply with multiple court orders concerning discovery and finding that Plaintiff was not likely to comply with the discove...

Excerpt: ... Summary Adjudication of Issues. The motion concerns the follo wing three issues: • No. 1: Whether Defendant ROSAURA DE KUYPER (“Defendant”) breached her fiduciary duties to Plaintiff. • No. 2: Whether Defendant breached her duty of loyalty to Plaintiff. • No. 3: Whether there is no merit to Defendant's third affirma tive defense for failure to mitigate. “‘The elements of a claim for breach of fiduciary duty are (1) the existence ...

Excerpt: ...t for 4/8/24. The Petition appears to have been prompted by the prior c ourt's ruling on a motion for judgment on the pleadings as to the Third Amended Complaint (“TAC”), a ruling issued on 12/1/23. The court granted the motion as to the second cause of action for negligence, finding that Plaintiffs failed to comply with Code of Civil Procedure section 425.15 and stating the following: “Code of Civil Procedure section 425.15 applies becaus...

Excerpt: ...ed Complaint (“TAC”). The BT Defendants' main arguments for each cause of action is that they owed no duty to the decedent, they did not provide alcohol at the event, they did not have constructive knowledge that alcohol was being served at the event, they were not present at the event, and they did not manage or supervise the event. The court disagrees with the BT Defendants that, at this pleading stage, the court can determine that the BT D...

Excerpt: ...rcise, (2) a breach of the duty, (3) a proximate causal connection between the negligent conduct and the injury, and (4) resulting loss or damage.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) “In professional malpractice cases, expert opinion testimony is required to prove or disprove that the de fendant performed in accordance with the prevailing standard of care [citation], except in cases where the negligence is obvious to...

Excerpt: ...e court on the basis of affidavits served wit h the notice of hearing and any counteraffidavits filed in response. (Id. at § 877.6(b).) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co -obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or compa...

Excerpt: ...ct to “fit the crime.” (Reedy v. Bussell (2007) 148 Cal.App.4th 1272, 1293.) The court cannot impose sanctions as punishment; the choice of sanctions should not give the moving party more than it would have gotten had the discovery been responded to. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 992; Caryl Richards , Inc. v. Superior Court, 188 Cal.App.2d at 303.) Before issuing terminating sanctions, the court should usually g...

Excerpt: ...atment Process and Mutual Arbitration Agreement” (the “Arbitration Agreement”) and Acknowledgment of the Tenet Health employee handbook (the “Employee Handbook”). (Stip. re Authentication of Arb. Agmt. and Handbook Acknowledgment [Def.'s Evid. at p. 97]; Doe Decl. ¶ 2.) The Arbitration Agreement “covers all disputes relating to or arising out of an employee's employment with the Company or the termination of employment.... Examples o...

Excerpt: ...ed to appear for examinati on that was set for 9/13/23. (Hook Decl. ¶¶ 8, 13, Exh. G.) Plaintiff's counsel appears to have objected to Defendant unilaterally setting Plaintiff's deposition. (Hook Decl. ¶ 9, Exh. H.) Plaintiff's counsel also opposed Los Angeles as a location for Plai ntiff's in-person deposition and requested that the parties discuss the option for Plaintiff's deposition to be taken via Zoom. (Id.) Defendant has complied with t...

Excerpt: ...presented evidence that discovery in this matter would result in the production of conÞdential and proprietary documentation. (Newman Decl., ¶ 4.) Further, the parties agreed a protective order is warranted, and they agreed to the language of the protective order. (Newman Decl., ¶¶ 89.) 2. Motion for Judgment on the Pleadings The court DENIES American Express's motion for judgment on the pleadings – as to (1) the Cross- Complaint Þled by C...

Excerpt: ...irst, the court disagrees with L.A. Care that County of Santa Clara v. Superior Court (2023) 14 Cal.5th 1034 stands for the proposition that Plainti
¯s are limited to a quantum meruit claim. In County of Santa Clara, the California Supreme Court considered whether a lawsuit for reimbursement of emergency medical services may be maintained against a health care service plan operated by a public entity or whether the Government Claims Act immunize...

Excerpt: ...d or supplemental proof of service on the clients, to be filed no later than 5 court days before the continued hearing date of 1/26/24 (i.e., by 1/19/24). As of 1/25/24, counsel has not filed a new proof of service. 2. Motion for Summary Judgment The court GRANTS Plaintiff NATIONAL FUNDING, INC's motion for summary judgment on its Complaint. The Complaint alleges causes of achon for breach of contract (against defendant M&M Custom Builders, LLC) ...

Excerpt: ...ion; and SUSTAINS defendants Bridgemed Solutions ("Bridgemed") and Tara Kupumbat's demurrer to the fourth, eighth, and tenth causes of achon with 20 days leave to amend. Entire Complaint (re Plaintiff's Capacity to Sue) — OVERRULED Defendants contend plaintiff lacks capacity to sue because Plaintiff failed to comply with the statutory requirements to do business in California by obtaining a certificate of qualification as described in Corporati...

Excerpt: ...enant of quiet enjoyment, and 8) nuisance. The court SUSTAINS in part, and OVERRULES in part, the demurrer. Entire FAC as to Plaintiff Hang Vu - SUSTAINED As Kona Kai notes, the FAC names Hang Vu as a Plaintiff but never alleges any facts about Plaintiff Vu. Plaintiffs did not address this issue in any Opposition. Indeed, the first page of the Opposition filed states only "that Plaintiff Tony Kennedy opposes the demurer and motion to strike." As ...

Excerpt: ...gful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in ...

Excerpt: ...broad but said that Plaintiff "will produce all responsive, nan-privileged documents in his possession, custody or control." Plaintiff then produced redacted portions of a 1998 agreement between Plaintiff and nonparties Peter Bowie and GV-Newport and portions of a Schedule of Notes Payable. Plaintiff apparently redacted portions of the documents because he deems those portions irrelevant to this lawsuit and states the information at issue contain...

Excerpt: ...ta Ana, California. Defendant's "actions or inactions caused a dangerous condition for pedestrians like Plaintiff," and "the condition was created by employees of the defendant public entity." Defendant had "constructive notce of the existence of the dangerous condition in sufficient time prior to the injury to have corrected it." Defendant is a public entity. Except as prov-ded by statute, a public entity is liable for injury caused by a dangero...

Excerpt: ...mmary judgment meets his burden of showing there is no defense to a cause of action that party 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. (ld.) Plaintiff's Complaint a...

Excerpt: ...ance, (3) defendant's breach, and (4) the resulting damages to the plaintiff. [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821; accord, JRK Property Holdings, Inc. v. Colony Ins. Co. (2023) 96 Cal.App.5th 1, 13.) "'A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by reference—or by its legal effect. [Ci...

Excerpt: ... by jury in an equitable action. The Complaint, the operative pleading, contains a single cause of action for partition of real property pursuant to Sections 872.210 and 872.230 of the Code of Civil Procedure. "Historically, there were separate law and equity courts." (Hoopes v. Dolan (2008) 168 Cal.App.4th 145, 155.) "The aw courts dealt with ordinary property rights, debts, and trespasses and adjudicated disputes by I-ve testimony before a lay ...

Excerpt: ...(a)(4), (c).) FEHA claims are one such exception. (See Williams v. Chino Valley Independent Fire Dist. (2015) 51 Cal.4th 97, 99—100.) "[A]n unsuccessful FEHA plaintiff should not be ordered to pay the defendant's fees or costs unless the plaintiff brought or continued litigating the action without an objective basis for believing it had potential merit." (Ibid.) The FEHA exception also applies "to any other cause of action that is intertwined a...