Excerpt: ...of harms weighed in favor of the County. Defendant Keniston personally appeared Pro Per at the TRO hearing. The Court granted him the opportunity to file an opposition to the OSC by March 13, 2020. Although the Court did not receive an opposition to the OSC, Defendant Keniston filed a verified answer on March 13, 2020 stating that the County has “manufactured this action as a pretext to either take the Property from Plaintiff (sic., it is assum...

Excerpt: ...ict finding that Defendant Staff Pro was negligent, but that Staff Pro's negligence was not a substantial factor in causing Plaintiff harm. Plaintiff has moved for a new trial and a JNOV alleging errors of law with respect to the admission of defense causation expert Ken Martin's testimony. For the reasons stated below, the Court denies both motions. Motion for New Trial A judge may grant a new trial based on an error in law that occurred at the ...

Excerpt: ... parents executed their wills and made the wills part of the trust. Collectively plaintiff refers to the Jackson Family Trust dated January 7, 1999 and his parents' wills as the Jackson Family Estate. Plaintiff alleges that Trust A was a revocable trust naming his mother Sandra Jackson as the trustee and beneficiary in the event Fred passed away first. Plaintiff asserts that Trust A becomes irrevocable upon the death of Plaintiff's mother. Plaint...

Excerpt: ...reement to arbitrate, a nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligations imposed by the agreement containing the arbitration clause. In other words, allegations of substantially interdependent and concerted misconduct by signatories and nonsignatories, standing alone, are not enough: the allegations of interdependent misconduct must be founded in or int...

Excerpt: ...e police or causing the police to be called were false or reckless statements that did not accord with the facts. Mr. Rivera's credibility was put in issue on several accounts. However, the court finds that the future non‐economic damages award of $250,000 is wholly speculative and the result of passion. It lacks any degree of certainty because we are several years past the incident and Mr. Davis has regained his right to bear a gun and he migh...

Excerpt: ...ng the PAGA claims is also somewhat vague as counsel does not define the PAGA period or number of employees employed during the period. Although Class Counsel indicates that Defendants are unlikely to be able to pay a greater amount, he does not describe Defendants' financial condition. The extent of discovery is also not clear since Counsel does not indicate the size of the sample used to calculate the potential recovery. Amount of the GSA appea...

Excerpt: ...e filed and served no later than April 10, 2020. The demurrers of all defendants are overruled as to the fourth, fifth, sixth, and seventh causes of action. If the plaintiffs amend and the defendants demur to that first amended complaint, any such demur shall omit: (1) any reference to the applications for a temporary restraining order or a preliminary injunction; (2) any reference to any document filed in support of or in opposition to either of...

Excerpt: ..., 149 Cal.App.4th at p. 180.) However, the plaintiff “may try to show it actually dismissed because it had substantially achieved its goals through a settlement or other means.” (Ibid. [citing Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107].) Plaintiffs contend their objective in the litigation was to have a vehicle that they could legally operate with proper registration. (P's Motion 7:14‐16.) They contend they achieved their litigati...

Excerpt: ...s: 1) to compel CDCR to follow CCR Title 15, Sections 3006, and 3130 through 3147 when processing Petitioner's incoming mail, and 2) either handover the 5 confiscated photos or reimburse him the cost for the photos. CDCR's demurrer is based on two grounds: 1) petition fails to identify a ministerial duty that respondent has refused to perform, citing Keyes v. Bowen (2010 189 Cal.App.4th 647, 656‐657, and 2) that Petitioner has an adequate remed...

Excerpt: ...artinez, Luis Robles, Justin Tamashiro and George Atilano alleged that they enrolled in Defendant California Baptist University's Aviation Flight program. Plaintiffs allege that the program is designed for students who want to become commercial airline pilots. The 2016‐2017 and 2017‐2018 catalogs indicates that students with no flight experience will receive six FAA credentials, and 200‐250 flight hours (2016‐2017) and 250‐300 flights h...

Excerpt: ...ce to determine whether sanctions are appropriate. The evidence demonstrates that attorney Hrouda previously represented Michael Gonzalez. According to the judicially noticed documents from Exhibit 1 of the motion, Mr. Hrouda, per the declaration of Mr. Gonzalez, abandoned his client, which caused unnecessary delay to the Gomez litigants. CCP section 128.5(a) states that “trial court may order a party, the party's attorney, or both, to pay the ...

Excerpt: ... two‐seat go kart driven by Rebeca Perez, a minor. The motion is based upon the grounds that FFP do not owe Geller a duty of care. There is triable issue of fact whether FFP increased the risks inherent in go karting. There is no duty to decrease or minimize the risks inherent in the activity. (Balthazor v. Little League Baseball (1998) 62 Cal.App.4th 47, 52.) Under California law, the primary assumption of risk doctrine clearly states that the...

Excerpt: ...ostro Medina, Mirna Rivas and Terry McQueen. Additionally, defendant moves for an order severing or staying this action as to the remaining 9 plaintiffs. Defendant's motion is made on the grounds that the long‐term rental agreements entered into by 28 plaintiffs (identified in the first two groups of residents set forth above) contain provisions Page 4 of 9 which require the parties to mediate and if unsuccessful to arbitrate all disputes relat...

Excerpt: ... the sale for 30 years at 4.00% interest with monthly payments of $3,193.66. He also agreed to complete a lot line adjustment to merge two lots comprising the property that the Mitchells were buying from Vaverka. The Mitchells contend after two years of making payments under the written purchase agreement, Vaverka failed to complete the lot line adjustment and unilaterally treated the purchase agreement as a rental agreement and served a 60‐day...

Excerpt: ...onal Law Corporation fraudulently induced Plaintiff to loan Defendants $200,000. The motion is based upon the grounds that San Diego County is the proper county for venue. Michael W. Quade is a resident of San Diego County. There is no dispute that this is a transitory action. For venue purposes, actions are classified as “local” or “transitory.” To determine whether an action is local or transitory, the court looks to the “main relief�...

Excerpt: ...ntiff's Additional Material Fact number 20. Angel Catering contends that they are not liable for negligence because Plaintiffs cannot establish it is more likely than not that their driver was responsible for the spill. They contend Inland Grace's trash is brought in and out of the same door where the food is delivered and the spill could have come from the trash. (PSS 6.) The parties agree Inland Grace's trash is brought out of the same door whe...

Excerpt: ...‐for causation, Plaintiffs have controverted that burden by showing that a genuine triable issue of one or more material facts exist. The Court grants Defendants' Request for Judicial Notice Exhs. 1‐2 to the extent these records exist as part of the court record or file, and should not accept as true matters which are considered inadmissible hearsay or that which are not indisputably true. The Court denies the request to take judicial notice ...

Excerpt: ...wish to burden the court.” Aside from the obvious impropriety of withholding all of the supposedly new evidence from the Court and opposing party so that it could be put forward in “a supplement prior to the hearing date,” and then including other portions only in the reply and not in the motion itself to eliminate the opposing party's ability to respond, the Court finds that: (1) the evidence was not “newly” discovered; (2) Yann was no...

Excerpt: ...on, M.D. (“Dr. Jackson”), State of California (erroneously sued as “State of California, Department of Health Care Services” and “California Department of Health and Human Services”) (the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, “Plaintiffs”) are the parents of the decedent child, Natalie Franchini (“Natalie”), who was bo...

Excerpt: ...uments are not limited just to investments or transactions related to the $100K Note but seek the entirety of Empire's financial records over several years. Plaintiff has provided no particularized need for needing the entirety of Defendant's financial records. Further, as to the requests for production of documents, Plaintiff has not shown that he has utilized or even considered less intrusive means to obtain the information. Finally, the specia...

Excerpt: ...��5; Duale v. MercedesBenz USA, LLC (2007) 148 Cal.App.4th 718, 729; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 1004, 1010.) While it is true that there is and was no dispute regarding the purchase price of the subject vehicle, several questions remained for the jury to resolve. As in Warren and Duale, whether any alleged defects represented nonconformity under the Act and if so, the extent they substantially impaired the use, value or...

Excerpt: ... both injured. Plaintiffs also allege there was a dangerous condition of property at the intersection because the stop sign was obstructed by a large tree. Plaintiffs filed their Complaint on 9/28/18, which was amended most recently on 9/13/19, and alleges four causes of action: 1) negligence; 2) negligence per se; 3) general negligence; and, 4) dangerous condition of public property. Defendant/Cross‐Complainant, Hammock, filed a Cross‐Compla...

Excerpt: ...ence of the Court. Shortly thereafter, Plaintiff and counsel for Defendant Enterprise Rent‐A‐Car appeared before the Court again. The hearing was continued to permit Plaintiff and counsel for Defendant to meet and confer. Apparently, the efforts to meet and confer, if any, were unsuccessful. The motion is DENIED. Plaintiff failed to meet his burden showing the costs claimed were unreasonable or unnecessary to the conduct of litigation. Defend...

Excerpt: ...rity on 2/7/20, which is discussed below. On 2/18/20, plaintiffs filed their sur‐ reply analyzing the authorities cited by Columbia at the hearing and in the three notices of new authority Columbia had filed after its opposition was filed. Generally, plaintiffs argue in their objection filed on 2/7/20, and in their sur‐reply filed on 2/20/20, that the authorities cited either are not new authority, the decisions are distinguishable on the fac...

Excerpt: ...ied Defendant's MSJ. There is no dispute that Plaintiff intended to send to the arbitrator and to the Defendant. However, Plaintiff mistakenly sent the email not to the Defendant but to a former client with the same first name as Defendant's counsel, Juan. That email is as follows: Mr. Newell, We all agreed at the MSJ hearing that defendants would go first. This agreement became muddled with Juan's emails to your query so I'm not sure where we st...