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Excerpt: ...o the 1st and 2nd causes of action only; 2) add Sonia Angell in her official capacity as Director of the California State Department of Health; 3) to fix any clerical errors. State Defendants' request for judicial notice. Granted pursuant to Evidence Code Section 452(d). Procedural history regarding this motion is noted that on 1‐23‐20, the court sustained State Defendants' demurrer to the First Amended Complaint (FAC) with leave to amend as ...

Excerpt: ...ke the court's power to grant writ relief. (Synergy Project Mgmt., Inc. v. City & County of San Francisco (2019) 33 Cal.App.5th 21, 30.) Under Code Civ. Proc., §1086, a petition warrants writ relief only if brought by a “party beneficially interested” when there is no plain, speedy, and adequate remedy in the ordinary course of law. (Id.) A petitioner is “beneficially interested” in the issuance of a writ of administrative mandamus when ...

Excerpt: ...s they are immaterial to resolution of this motion. The motion for attorney's fees is GRANTED IN THE REDUCED AMOUNT OF $70,335. The Court declines to rule on the request for costs as there is a motion to tax set for August 10, 2020. The matter of reasonableness of a party's attorney fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Fee motions should be based on detailed ...

Excerpt: ...ieves that the employee disclosed or may Page 3 of 4 disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that th...

Excerpt: ...iff blamed Defendant Thompson's conduct for her subsequent pregnancy (by another person). This question necessarily involves sexual conduct under Code of Civil Procedure section 2017.220. Counsel's explanatory remarks after the question make clear that counsel wanted to know whether Plaintiff blames Defendant Thompson for dangerous sexual activities and pregnancy. Plaintiff's cousin's and aunt's identities (69:4‐71:1, 74:8‐75:3, 107:15‐109:...

Excerpt: ...nerally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. Absent an applicable statute, the law does not require one to act as a “Good Samaritan.” (Regents of Univ. of Calif. v. Sup. Ct. (Rosen)(2018) 4 Cal.5th 607, 663‐664.) However, the law does impose a legal duty to affirmatively act to protect someone else from danger or to control the conduct of a third person if there is a “sp...

Excerpt: ... does not take issue with Fitch's discovery responses concerning the issue of jurisdiction. Yet, Plaintiff intends on obtaining discovery responses from all Defendants concerning the issue of jurisdiction before determining whether Fitch had minimum contacts in California. However, Fitch is the best source of information concerning his connections, if any, with California. Plaintiff does not explain what discovery he could obtain from the remaini...

Excerpt: ...position in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Preliminary Injunction to the Court within 5 days. (Cal. Rules of Court, Rule 3.1150.) Plaintiff demonstrated a reasonable probability of prevailing on some of his claims. A. Negligence Plaintiff may succeed on a claim for negligence. As a general rule, a financial institution owes no duty of care to a borrower ...

Excerpt: ...urt will begin by reciting the core facts and procedural history of this litigation. On or about September 26, 2019, counsel for petitioner “Save Rancho Mirage” sent a letter to respondent City of Rancho Mirage raising concerns, including environmentally‐related concerns, about a proposed “In‐N‐Out Burger” restaurant (hereafter “the Project”) to be built in the Rancho Las Palmas Shopping Center in Rancho Mirage. According to the...

Excerpt: ...ntiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A court considering a demurrer must assume the truth of all facts properly pled, fac...

Excerpt: ... is a premises liability/personal injury case. Plaintiff Patricia Pelton (“Plaintiff”) was employed by Defendant CI Security Services, Inc. (“CISS”) as a security guard for Defendant Empire Polo Club (“Empire”), which was managed by Defendant Haagen Company LLC (“Haagen”). On September 23, 2016, as Plaintiff was closing a heavy security gate, the gate fell on her causing serious injuries, although the extent of the damage was cont...

Excerpt: ...CL violation, and 9) PAGA penalties. Only the 9th cause of action for PAGA penalties is brought in a representative capacity on behalf of current and former employees of Defendant RMC Construction. Plaintiff seeks court approval of his PAGA settlement. The terms of the settlement are as follows: Defendant to pay a total of $102,500 to settle both Plaintiff's individual claims and the PAGA claim. These sums to be distributed as follows: $ 6,000 Cl...

Excerpt: ...]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of ...

Excerpt: ...cted class and CDCR's actions, instead focusing on the officer's conduct as the discriminatory action. For Whistleblower Retaliation, Plaintiff has failed to exhaust administrative remedies since her pre‐litigation claim does not apprise CDCR of CDCR's alleged unlawful actions. For Harassment and Failure to Prevent Harassment, there are no allegations that CDCR knew or should have known about the harassment, and since the underlying claim fails...

Excerpt: ...o discuss whether they would be willing to stipulate to agree that the issue of whether the guaranty was signed by the defendant may be bifurcated and tried to the court without a jury. Analysis: The plaintiff's request for judicial notice of public records is relevant to issue of the signatures used by the defendant. The evidentiary objections on the ground of hearsay are sustained to the extent the declarant relies upon the contents of the plai...

Excerpt: ...aws regarding fair and affordable housing. After negotiations the parties entered into a stipulated settlement, wherein Petitioners assert they achieved nearly all of the relief sought in their petition, including a judgment ordering the City to adopt a Fifth Cycle Housing Element regarding zoning and the General Plan to accommodate lower‐income housing and to engage in robust public participation efforts when it adopts a four‐year revision t...

Excerpt: ...the motion to strike the demand for attorney fees for reasons detailed below. FACTUAL / PROCEDURAL CONTEXT Plaintiffs Charles Dale Sacks and Debra Jean Sacks (“Plaintiffs”) filed the complaint in this action on December 4, 2019, and, following a previous motion to strike, the operative first amended complaint (“FAC”) on March 5, 2020, against defendants Margaret McCoy (“McCoy”), Jennifer Pacheco (“Pacheco”), Coldwell Banker Associ...

Excerpt: ...allegations because the facts of that case bear no similarity whatsoever to the facts alleged here. While the facts in Taylor v. Superior Court of Los Angeles County (1979) 24 Cal.3d 890 are closer, since they both involve a traffic accident in which the plaintiff was allegedly injured, the similarity ends there. The Taylor court held "that the act of operating a motor vehicle while intoxicated may constitute an act of 'malice' under [Civil Code]...

Excerpt: ...d shuttle driver, and termination by Defendant Marriott Resorts Hospitality Corporation (MRHC). The gravamen of Plaintiff's complaint is that he was passed over for a promotion because of his age and harassed, retaliated against and ultimately terminated for complaining about the alleged discrimination and wage theft by another employee. Plaintiff began his employment MHRC on September 21, 2015. In 2017 he filed an action for age discrimination a...

Excerpt: ...days. If the parties cannot agree on a referee during that time, within 48 hours Plaintiff shall choose three different referees and Defendant shall choose from those three within 48 hours. If Defendant fails to select a referee, Plaintiff shall be permitted to select the referee. The Court shall order that the referee, when selected, shall prepare a report to the Court per CCP § 873.730 et seq. The report shall be returnable to the Court no lat...