Excerpt: ...er 16, 2018, plaintiff Anthony Austin, by and through his guardian ad litem, Magaly Austin, commenced this action against defendants Securitas Security Services USA (Securitas), Howard Robinson (Robinson), Anthony Viscaina (Viscaina), Alex Gonzalez (Gonzalez), Juan Conchas (Conchas), Eli Rodriguez (Rodriguez), Samuel Dangli (Dangli), Roy Anegawa (Anegawa), and Patrick McGhee (McGhee) (collectively, the security defendants). The original complaint...

Excerpt: ...GDL Best Contractors, Inc. (2019) 38 Cal.App.5 th 677, 695. The FAC adequately described the location of the dispute between the parties. First Cause of Action for Prescriptive Easement: “[A] claim for prescriptive easement, include use that is (1) actual, (2) open and notorious, (3) hostile and adverse to the original owner, (4) continuous and uninterrupted, (5) under a claim of right, (6) for the statutory period of five years.” Brewer v. M...

Excerpt: ...om the fund to the beneficiaries against CPT” See complaint, page 2. From the attachments to the complaint it appears that plaintiff complaints that her father's workers' compensation award was mishandled. She contends her deceased father's attorney, defendant Santiago, assigned the “MSA fund” (containing $53,427.60) to defendant CPT and did not give her father the option of self-managing the funds. She also claims the remaining balance of ...

Excerpt: ... the demurrer is sustained as to the second, third, and sixth causes of action. Plaintiffs' FAC includes causes of action for: Statutory Violations/Breach of Resident Rights (Health & Safety Code § 1599.1, § 72527); Fraud – Intentional Misrepresentation; and Fraud – Negligent Misrepresentation. These causes of action are not present in the original Complaint. Plaintiffs first contend that the cause of action for Statutory Violations/Breach ...

Excerpt: ...eposition, filed in support of their motion for summary judgment. (Motion 2:22-28.) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) California Rules of Court rule 2.550(d) states, “The court may...

Excerpt: ...igin or identity. (See UMF 2, 3, 12, 13, 15 to 17, 21 and Moving Exhibit 3, p. 122-29.) The information that was relayed second-hand to plaintiff concerning the Irish teacher at the church event, “sometime in 2018” is insufficient as a matter of law to establish a hostile work environment. (See UMF 19-20, Moving Ex. 3, p. 120 to 124, 129 and Opp. Exhibit 124.) In addition, this alleged incident does not appear to be identified within the Comp...

Excerpt: ...) 73 Cal.App.4th 1300, 1306 and CLD Construction, Inc. v City of San Ramon (CLD) (2004) 120 Cal.App.4 th 1141, 1149-1150.) Motion No. 1: Defendants (George Abuhamad, Joan Abuhamad, Switchboard, Inc., and Switchboard, Inc. dba VK Sports, Inc.) Demurrer to the Complaint of Plaintiff (Demurrer), filed on 11-2-20 under ROA No. 20, is SUSTAINED with 14-days leave to amend. Defendant's (Michael Johnson) Demurrer to Second Amended Complaint (Demurrer), ...

Excerpt: ....]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 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.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4 th 1228, 1238, provides, “This rule...

Excerpt: ...leading, 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. Del E. Webb Corporation v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Absent court orders or other items subject to judicial notice, or items attached as exhibits to the complaint, the court may not consider the contents of pleadings or other exhibits when r...

Excerpt: ...oldings, Inc.) Motion to Quash Service of Summons for Lack of Personal Jurisdiction (filed on 5-26-20 under ROA No. 41). The court will discuss a continuance date with the parties. On October 6, 2020, the court continued the hearing on Defendants' Motion to Quash to allow Plaintiffs to conduct further jurisdictional discovery. (10-6-20 Minute Order.) Plaintiffs have shown that on November 24, 2020, Plaintiffs served jurisdictional discovery on ea...

Excerpt: ...� (Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145.) Plaintiff's request for judicial notice is granted. The court will take judicial notice of the complaint's “existence and contents, though not of disputed or disputable facts stated therein.” (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1.) Plaintiff generally demurs to the Cross-Complaint's first, second and third causes of action on the ...

Excerpt: ...the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits ...

Excerpt: ...iary presumption that affects the standard of care in a cause of action for negligence.” (Turner v. Seterus, Inc. (2018) 27 Cal.App.5th 516.) Thus, these “causes of action” are duplicative of the 4th cause of action for negligence. (See Palm Springs Villas II Homeowners Assn., Inc. v. Parth (2016) 248 Cal.App.4th 268, 290.) Leave to amend is limited to amending the 4th cause of action to incorporate allegations from the 1st and 2nd cause of...

Excerpt: ...430.30, to the answer upon any one or more of the following grounds: (a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.” Civ. Proc. Code § 430.20(a)-(b). “Numerous defenses were purportedly raised by defendants' allegations of affirmative defense. Most of these allegations fail to state a defense even when lib...

Excerpt: ...endant Kendra Klassen, and the sixth cause of action against Defendant Greg Klassen. Plaintiff's complaint alleges that Defendants are both psychologists. Plaintiff alleges her search for a Christian therapist led her to Greg Klassen, who in turn referred Plaintiff to his wife, Kendra Klassen “despite his obvious knowledge of Mrs. Klassen's ability to maintain therapeutic boundaries with her patients.” Plaintiff attended therapy with Kendra K...

Excerpt: ...ecret, and (3) resulting harm. (Civ. Code, § 3426.1, subd. (b); Reeves v. Hanlon (2004) 33 Cal.4th 1140, 1155; CytoDyn of New Mexico, Inc. v. Amerimmune Pharmaceuticals, Inc. (2008) 160 Cal.App.4th 288, 297.) Defendant Le contends that the FAC does not allege what trade secrets Le acquired, when or how Le disclosed or used a trade secret, or to whom Le disclosed a trade secret. The FAC, however, identifies the “Trade Secrets” at issue: custo...

Excerpt: ... Defendant Haddadin) and DENIED IN PART (as to Defendants Radii and Arisohn). As an initial matter, the Court notes that Plaintiff's Complaint originally alleged three causes of action, for breach of express contract, money lent, and account stated. On 12/22/2020, however, Plaintiff dismissed the Doe defendants and also dismissed its causes of action for money lent and account stated. Request for Dismissal, ROA No. 40. Thus, there is only one cau...

Excerpt: ... from other matters properly subject to judicial notice. (See Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Under Section 430.10(e) the test is whether the complaint states any valid claim entitling plaintiff to relief, even if plaintiff's cause of action is improperly titled or an improper remedy is stated. (See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38; Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th ...

Excerpt: ...hey also allege that “Defendants” hired moving party Defendant Bowers Termite. [Complaint, ¶ 20 and Ex. 3.] Plaintiffs attach Defendant Bower Termite's inspection report – titled Standard Notice of Work Completed and Not Completed – and allege that it was incorporated “into the agreement.” [Complaint, ¶ 21.] A written contract may be pleaded either by its terms—set out verbatim in the complaint or a copy of the contract attached t...

Excerpt: ... misconduct are sustained as to Scallorn and overruled as to Assisting Hands. The demurrer to the fourth cause of action for unfair business practices is overruled. Defendants' special demurrers pursuant to Code of Civil Procedure sections 430.10(f) and 430.10(g) are overruled. Should Plaintiffs desire to file an amended complaint that addresses the issues in this ruling, Plaintiffs are ordered to file and serve it within 15 days of notice of rul...

Excerpt: ... claim of interference would not be proper because the father is a living person who is free to dispose of such interests of his alone, inter vivos. (See Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1057) (“as in other cases involving recovery for loss of expectancies ... there must be proof amounting to a reasonable degree of certainty that the bequest or devise would have been in effect at the time of the death of the testator ... if there h...

Excerpt: ...resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) The Complaint alleges that Plaintiff and Defendant DI Overnite LLC entered into a written employment contract on June 13, 2014. This employment contract, which is the offer letter that was signed by Defendant's president and by Plaintiff, offers Plaintiff employment as the “Executive Vice President of Operations and an authorized Finance offic...

Excerpt: ... injuries she allegedly suffered while a passenger on one of Defendant's buses. (SAC at ¶ 6.) “A party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. “A prima facie showing is one that is sufficient to support the position of the party in question.” Id. at 851. Where a ...

Excerpt: ...the lease agreement requires Plaintiff to arbitrate its claim against Defendant. “Because arbitration is a matter of contract, generally one must be a party to an arbitration agreement to be bound by it or invoke it. [Citation] However, both California and federal courts have recognized limited exceptions to this rule, allowing nonsignatories to an agreement containing an arbitration clause to compel arbitration of, or be compelled to arbitrate...

Excerpt: ... 10-14, 17-20.) Plaintiff Scott Smith failed met his shifted burden to “provide the court with sufficient evidence to permit the court to determine whether ‘there is a probability that the plaintiff will prevail on the claim.'” (DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 568.) As to the malicious prosecution claim, plaintiff failed to offer evidence making a prima facie showing of a lack of probable cause. ...