Excerpt: ...to detective a nd in April 2016 she became the first female in the Inland Empire to become a public bomb safety technician. Plaintiff alleges she routinely received excellent reviews, but was subject to discrimination, harassment and retaliation while on TSU. She was d enied a properly fitted bomb suit, denied training opportunities provided to male members of the team, subjected to sexually charged comments, her desk was vandalized, she was ex...

Excerpt: ... this, Defendants alleged ly failed to properly compile, account for, and pay Plaintiff for the hours she worked. The complaint asserts the following causes of action: (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to timely pay wages upon termination, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to indemnify for business expenses, and (7) unfair competition. Defendants co...

Excerpt: ...ation: (1) the first and second causes of action based on the report to the California Department of Justice; and (2) the first and second causes of action based on the entry on the County's JIMS website. As to the first issue, Defendant County met its burden of producing evidence demonstrating a complete defense based on the absolute and qualified privilege under Civil Code section 47, subdivisions (b) and (c). Once the burden shifted, Plain...

Excerpt: ...hat the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.” A provisional remedy includes an injunction. (Id. at §1281.8(a)(3).) In order to obtain an injunction, the court must consider the likelihood of success and whether the moving party will suffer irreparable harm if the injunction is not issued. (Jay Baharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443.) The applicant must...

Excerpt: ... answer to r emaining causes of action within 20 days of this order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. Plaintiffs, Oscar and Patricia Zamorano, allege that Defendant, Jorgen Harjo, is a sales person/employee of Defendant, Energy Serv ice Partners, Inc. dba ESP Contracting (ESP), which is a partner to Defendant, Goodleap, LLC (Goodleap). Plaintiffs allege Harjo represented to them that he was selling solar, which ...

Excerpt: ...(“Defendant”). (Compl. ¶ 6 –7, 12; Kaneko Decl. ¶ 5, Ex. 4.) The Sales Contract included an “Arbitration Provision” which provides, in relevant part as follows: 1. Either you or we may choose to have any dispute between us decided by arbitration and not in court or by jury trial. . . . Any claim or dispute, whether in contract, tort, statute or otherwise . . . between you and us . . . which arises out of or relates to your credit appl...

Excerpt: ...to provide Scruton with caregivers at a rate of $28.50 an hour for a minimum of four hours each visit. Scruton has failed to pay for the services provided. He owes Home Care $48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a Cross - Complaint against Home Care. He alleges that he did n...

Excerpt: ...its counsel, represents in its opposition that it has served supplemental responses to Plaintiff as to the at -issue RFPs. Plaintiff argues, however, that Plaintiff has not received these supplemental responses, which FCA has failed to include with its supporting decla ration. Therefore, the motion is granted to the extent FCA is compelled to re -serve the verified supplemental responses to ensure receipt by Plaintiff. Nonetheless, sanctions is ...

Excerpt: ... attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP §§ 2025.450(h); 2030.290(c); 2031.300(c).) “To the extent authorized by the chapter governing any particular discovery method . . . the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose . . . [monetary, issue, evidence, or terminating] sanctions against anyone engaging in condu...

Excerpt: ...vehicle came with a warranty, which included a bumper to bumper warranty, powertrain warranty, and emission warranty. (FAC, ¶ 7.) Plaintiff alleges that certain defects and nonconformities manifested themselves within the applicable express warranty period that substa ntially impaired the use, value, or safety of the vehicle, including “transmission defects, infotainment defects….” (FAC, ¶¶ 11, 12.) Plaintiff presented the vehicle on var...

Excerpt: ...ll or substantially all of its assets to ORT, such that ORT is the alter ego of OR. Plaintiff further alleges that OR has been stripped of its assets to render it judgment proof in the present action. Defendant ORT now brings this Demurrer to each cause of action in the TAC for failure to state facts sufficient to constitute a cause of action, and for uncertainty. (CCP §§ 430.10(e),(f).) Here, the TAC alleges that “all defendants were acting ...

Excerpt: ...��Individual Defendants”) are her former supervisors and managers. The DA's office consists of various units which specialize in prosecuting different categories of cases. In 2011, Plaintiff was placed in the Special Prosecutions Unit, White -Collar Crime (“White Crime Unit”), prosecuting auto i nsurance fraud cases. She spent eight years in the White Crime Unit, and became an expert in the field. (Complaint, ¶¶ 16, 24.) In June 2013, Pl...

Excerpt: ... employment action based on alleged disability discrimination. Plaintiff Amy Zeta alleges she was employed by defendant County of Riverside (the “County”) as a Deputy District Attorney (“DDA”) from 2008 to 2023. Defendants John Henry (“Henry”), Melissa Moore (“Moore”), Kelly Catlett (“Catlett”) and Michelle Paradise (“Paradise”) (collectively “Individual Defendants” or “Defendants”) are her former supervisors and m...

Excerpt: ...evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken....

Excerpt: ...t Bank FSB; and U.S. Bank National Page 2 of 6 Association, as Trustee for Bank of America Funding Corporation Mortgage Pass -Through Certificates, Series 2006- D (erroneously sued as U.S. Bank National Association.) Plaintiff alleged causes of action for: (1) Quiet Titl e; (2) Cancellation of Instrument; and (3) Wrongful Foreclosure. On 1/17/24, the Court sustained a demurrer to the FAC with leave to amend. The Minute Order from the 1/17/24 hea...

Excerpt: ...dant Sarnowski, only. The remainder of the demurrer is overruled as to the fraud cause of action. Motion to strike is moot. REQUEST FOR JUDICIAL NOTICE Cross -Defendants request that the Court take judicial notice of 17 documents. These documents include various court records from the underlying action (Exs. 1 -8, 12- 14, and 17); the recorded quit claim deeds (Exs. 9 -11); and discovery responses in this action (Exs. 15- 16.). The court grants t...

Excerpt: ...spass caus e of action. Statute of Limitations. County argues that the tort claims for nuisance and trespass fail because Plaintiff did not file the Complaint within six months from the County's rejection of the claim under the Government Claims Act, and that any damage suffered by Plaintiff accrued prior to July 2019, and is thus timebarred by the one - year statute of limitations under the Government Claims Act. County further contends that th...

Excerpt: ...aintiff's harm. (CACI 1201; see also Collins v. Navistar, Inc. (2013) 214 Cal.App.4th 1486, 1500.) The SAC here alleges that Defendant manufactured the battery and it was defective as it was manufactured with wire insulation that was not of adequate resistance and a rem ovable or loose terminal cap (SAC ¶ 24.) It further alleges that Plaintiff was harmed and the defect was a substantial factor in causing the harm. As such, the Demurrer to this c...

Excerpt: ... with 20 days leave to amend. Because the Court is sustaining with leave to amend, the Motion to Strike is moot. Factual/Procedural Context On October 31, 2023, Plaintiff Shirley Hicks (“Decedent”), by and through her Successorin- Interest, Latish Hicks (“Plaintiff s”), filed their operative First Amended Complaint (“FAC”) against Defendants Mt Rubidouxidence Opco, LLC; Providence Group of Southern California, LLC; Providence Group, ...

Excerpt: ...o meet and confer in good faith as ordered may result in sanctions. The Court also notes that it has reviewed motions and oppositions at issue. Based on the tone of the documents, the Court finds it is necessary to remind all counsel that civility and professionalis m among counsel should be the norm and not the exception. Counsel need not always agree, but their disagreements, especially when relayed to the Court, should be free of rancor unbec...

Excerpt: ...t failed to keep the parking lot in a safe condition and failed to properly inspect its property. The complaint asserts a claim for negligence and premises liability. Defendant contends that Plaintiff's claims fail because the hose was open and obvious. Defendant had plac ed a yellow caution sign out because its employee was watering plants. It argues that Plaintiff ignored these signs, its employee, the water on the ground, and the red/orange ho...

Excerpt: ...uit occurre d in Wyoming (Compl. ¶¶ 6, 8– 9); Plaintiff's claims are not time -barred in Wyoming;1 and all Defendants are subject to and have agreed to submit to jurisdiction in Wyoming regarding this lawsuit. (Razavi Decl. ¶ 3; Hahn v. Diaz - Barba (2011) 194 Cal.App.4th 1177, 1190 [“It is well settled under California law that the moving parties satisfy their burden on the threshold suitability issue by stipulating to submit to the juris...

Excerpt: ...enied. Defen dant shall provide further responses and documents within 30 days. Plaintiff's request for sanctions is granted in the reasonable reduced amount of $860 (2 x $400/hr. plus filing fee), to be paid within 30 days. EVIDENTIARY OBJECTIONS Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, lack of personal knowledge, misstatement of evidence, etc. Plaintiff's obj...

Excerpt: ...ay bring a motion to compel further responses to requests for production of documents, if it finds the responses evasive, incomplete, or an objection to a request is made without merit or is too general. CCP § 2031.310(a). A party bringing a motion to compel further respons es to requests for production of documents must engage in a good faith meet and confer attempt before bringing a motion. CCP § 2031.310(b)(1). A meet and confer requires a ...

Excerpt: ...ad an insur able interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (“AVI”) engages in the business of procuring commercial insurance policies for consumers and businesses i n California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. However, AVI did not inspect the property. Instea...