Excerpt: ...f action for elder abuse and negligence. The “Skilled Nursing Facility Arbitration Agreement is attached as Exhibit “2” of defendants' Notice of Lodgment of Exhibits. Article 1 states that disputes with respect to medical malpractice and the sufficiency of treatment “will be determined by submission to arbitration as provided by California law.” Article 3 then provides that because the Facility participates in Medicare and/or Medi-Cal, ...

Excerpt: ...ess. Plaintiff's undisputed material facts establish the following events. On 2/26/21, Plaintiff executed written Business Loan Agreement No. F345561-001 (“BLA”) to Defendant Green Sip Construction, Inc. for a loan in the amount of $74,000.00. (UMF 1). The BLA required Green Sip Construction to make 53 weekly payments of $1,843.02 (UMF 2). Defendant Marlene Eaton personally guaranteed payment under the BLA. (UMFs 11 and 12). Green Sip Constru...

Excerpt: ...ty. The driver of an automobile turned left turn in front of the officer's motorcycle. Plaintiff filed for worker's compensation benefits from his employer, the City of Los Angeles. The City paid out a gross total of $190,320.54. The total paid to the plaintiff was $130,080.53—which included benefits of $112,012.95 and temporary disability benefits of $12,991.58. Later, he was paid permanent disability benefits of $76,560. From this award, the ...

Excerpt: ...p-It Recycling, Inc. (2001) 91 Cal. App. 4th 678, 695.) The plaintiff has the burden of proof to show “upon a verified complaint, or upon affidavits” all elements necessary to support the issuance of a preliminary injunction. (Code Civ. Proc., § 527, (a); O'Connell v. Sup. Ct. (2006) 141 Cal.App.4th 1452, 1481.) Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by...

Excerpt: ...n the second action to protect their right to a full trial of the issue of title. The instant action is for Unlawful Detainer in relation to 10222 Morningside Drive, Garden Grove, California 92843. It was filed by Plaintiff Tim S. Kling as Trustee of the Kingsley Trust Dated Feb. 7, 2020 (“Kling”) against Defendants Topaz Tran; Lynn Loan Tuong Thi Nguyen; Sean Nguyen; Joey Nguyen; and Hong Tran. The Complaint alleges that Defendants orally ag...

Excerpt: ...omplaint alleges that the insurance contract provides coverage for certain sudden and accidental discharges of water. It quotes the applicable section. Given the complaint alleges the plaintiffs made a claim for water damage under their homeowner's insurance policy, quoting that one provision within the insurance contract is sufficient for pleading purposes. The demurrer also argues that the complaint does not state facts supporting its claim tha...

Excerpt: ...2, is granted as to Exhibit A. Legal Standard “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.11 That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the ev...

Excerpt: ...recting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” (Code Civ. Proc., § 473, subd. (a...

Excerpt: ... Evid. Code, § 452(h).) A demurrer challenges the defects appearing on the face of the pleading or from other matters properly subject to judicial notice. (See 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 allegations made must be accepted as true for the purpose of ruling on the demurrer. (See Del E. Webb Corporation v...

Excerpt: ...010. The test for determining if something is discoverable is whether the requested matter “appears reasonably calculated to lead to the discovery of admissible evidence.” Id. Information is “relevant to the subject matter of the litigation” if it possibly assists the party in evaluating the case, preparing for trial, or aiding in settlement of the case. (Gonzalez v. Super. Ct. (1995) 33 Cal.App.4th 1539, 1546). “A trial court must be m...

Excerpt: ...gs, that the City of Newport Beach required the OCSD to have possession of the property before it would process needed permits. Based on the parties' arguments, the Court continued the hearing on the motion to December 14, 2022, the same date set for the hearing on the writ petition in the CEQA case. For the reasons previously stated and as set forth below, the motion for pre-judgment possession is GRANTED. As stated in the ruling granting the wr...

Excerpt: ...t (“REIR”) for the Project. For the reasons set forth below, the Court GRANTS the writ. I. BACKGROUND Bayside is the owner of 31.4 acres of property located at East Coast Highway in the City of Newport Beach, California between Newport Channel and Bayside Drive. (ROA 25, First Amended Verified Petition (Petition), ¶ 9; AR230.) Approximately 24 acres of Bayside's property are developed with mobile homes, and the remaining seven acres contain ...

Excerpt: ...g defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” 569 E. County Boulevard LLC v. Backcountry Against the Dump, Inc. (569) (2016) 6 Cal.App.5th 426,...

Excerpt: ...plied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T...

Excerpt: ... from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” P e r e z v . G o l d e n E m p i r e T r a nsportation ...

Excerpt: ...d, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.�...

Excerpt: ...l, LLC's (“Engaged”) filed a Notice of Joinder in Motion to Dismiss. The forum selection clause at issue is mandatory and Plaintiff, as the party opposing the enforcement of the forum selection clause, has not met its burden of proof to show that enforcement would be unfair or unreasonable. (See Korman v. Princess Cruise Lines, Ltd. (2019) 32 Cal.App.5th 215, 216; CQL Original Prod., Inc. v. Nat'l Hockey League Players' Assn. (1995) 39 Cal.Ap...

Excerpt: ...ts to the conclusion that a “worker” is an individual person and does not extend to an entity. (See e.g., Waithaka v. Amazon.com, Inc. (1st Cir. 2020) 966 F.3d 10, 20, cert. denied (2021) 141 S.Ct. 2794, reh'g denied (2021) 141 S.Ct. 2886 [explaining the categories of “people” who are exempt under FAA]; Lenz v. Yellow Transp., Inc. (8th Cir. 2005) 431 F.3d 348, 352 [establishing a factor test to determine whether an employee is so closely...

Excerpt: ...ected activity]; Simpson Strong-Tie Co., Inc. v. Gore (2010) 49 Cal.4th 12, 21; Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66–67 If the defendant carries its burden, the plaintiff must then demonstrate the claims have at least “minimal merit.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 89; Baral v. Schnitt (2016) 1 Cal.5th 376, 384 Further, under Baral, where the relief is sought on both protected and unprotected spe...

Excerpt: ...t cause of action or defense. [Citations.]” (Caloroso v. Hathaway (2004) 122 Cal.App.4th 922, 926 (Caloroso).) “The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury. [Citations.]” (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158.) “It is well established in California that although a store owner is not an insurer of the safet...

Excerpt: ...y available to the responding party permits. [¶] (b) if an interrogatory cannot be answered completely, it shall be answered to the extent possible. [¶] (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information...

Excerpt: ...f a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: [¶] (a) The right to compel arbitration has been waived by the petitioner; or [¶] (b) Grounds exist for the rescission of the agreement.” Sanchez v. ...

Excerpt: ...s or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it u...

Excerpt: ...endants Angels Baseball LP, Moreno Baseball LP, Moreno Baseball Companies Inc., and Keynan Middleton (Doe 1) move to strike the punitive damages allegations of the Second Amended Complaint (SAC) filed by Plaintiffs Bryson Galaz and Beatrice Galaz. Standard for Motion to Strike A court may strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity wit...

Excerpt: ...ut 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. (Code Civ. Proc., § 436.) “Irrelevant” matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegations of the complaint. (Code Civ. Proc., § 431.10, subd. (b).) ...