Excerpt: ...lisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Gonzalez should be estopped from asserting that it may not enforce the agreement. It further argues that it is a third‐party beneficiary of the Contract and that it did not waive its right to seek arbitration. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statut...

Excerpt: ...nts in August 2018. On 11/27/18, Defendant Laurence Rouben (Rouben), another physician, hugged her from behind and pulled her towards him for 30‐60 seconds, constituting an inappropriate touching of a sexual nature. When Plaintiff complained and even after seeing the video, HR agreed that it was inappropriate but failed to take any meaningful action other than an apology. After she complained, Defendants created a hostile work environment and e...

Excerpt: ...o amend as to the causes of action for equitable indemnity, declaratory relief, and third‐party tort of another. FNBA was granted a 30‐day leave to amend its pleading. In accordance with the Court's order, on October 17, 2022, FNBA filed its SACC, alleging the three causes of action for (1) equitable indemnity, (2) declaratory relief, and (3) third party tort of another. FNBA is a defendant in the underlying action filed by homeowners for FNB...

Excerpt: ... 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. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contenti...

Excerpt: ...NIFIED SCHOOL DISTRICT Tentative Ruling: The Court sustains the City's demurrer to the 1st and 7th causes of action, with 30 days leave to amend. The Court grants the City's unopposed motion to strike, without leave to amend. The Court sustains BUSD's demurrer to the 4th and 5th causes of action, with 30 days leave to amend. The Court overrules BUSD's demurrer as to the other constitutional arguments. Factual / Procedural Context Plaintiff allege...

Excerpt: .... and I.S., with their mother, Plaintiff Kandis Spann (“Kandis”). (Id. at ¶ 5.) In April 2021, Decedent was charged with misdemeanor for allegedly violating a protective order against Kandis. (Id.) On April 22, 2021, Decedent attended family court proceedings relating to the custody of his two minor children. (Id. at ¶ 7.) Kandis believed Decedent was acting erratically and sought help from two people who worked at Justice Bail Bonds. (Id. ...

Excerpt: ...ction, otherwise overrule. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary 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...

Excerpt: ...al time to file 3rd Amended Complaint consistent with this order within 10 days of the order becoming final. Plaintiff to provide notice pursuant to CCP 1019.5. On 12/15/20, Plaintiff Karan Kler filed this partition by sale action regarding real property in Palm Desert. Plaintiff alleges that he and Defendant Erin Alexandra Epps each have a 50% share in the property as joint tenants. Defendant's ex‐husband, Roberto E. Sotomayor, originally had ...

Excerpt: ...ndra Epps (“Defendant”) – this is different from the partition action between the same parties in CVPS2000850. The operative complaint alleges that on July 6, 2017, Plaintiff proposed marriage to Defendant, at which time he presented her with a family heirloom engagement ring in contemplation of marriage. (Complaint, ¶ 7.) However, by April 2019, the parties had ended their engagement by mutual consent. (Complaint, ¶ 8.) Despite several d...

Excerpt: ...ority for overruling the demurrer. Res judicata, or claim preclusion, prevents relitigation of the same cause of action in a second suit between the same parties or parties in privity with them. Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896. Thus, if a plaintiff prevails in an action, “the cause is merged into the judgment and may not be asserted in a subsequent lawsuit.” Ibid. A judgment in the defendants' favor bars further litig...

Excerpt: ...ecause Plaintiff failed to plead the alleged misrepresentations with sufficient specificity. The demurrer is overruled as to the sixth cause of action because fraud by concealment requires less specificity than fraud based on affirmative misrepresentations. The economic loss rule does not apply to claims based on fraud. A party may object by demurrer to a complaint on grounds that the pleading does not state facts sufficient to constitute a cause...

Excerpt: ... within 20 days. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) In 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, ...

Excerpt: ... yard. On December 20, 2021, Kimberly, by and through her Guardian ad Litem, Antonia Salazar Rocha, and Antonia Salazar Rocha, individually (“Ms. Rocha”) (collectively, “Plaintiffs”) filed a Complaint against Defendant County of Riverside (the “County”), alleging (1) negligence, (2) negligence per se, (3) negligent hiring, supervision, or retention, and (4) strict liability. On March 10, 2022, the County filed its Answer to the Compla...

Excerpt: ...y adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, [or] that there is no merit to a claim for damages. . .” (Code Civ. Proc., § 437c(f)...

Excerpt: ...filed his Private Attorneys General Act (“PAGA”) action against TMSO, Inc. (“Defendant”).” (Memo., p. 2, ll. 13‐14.) No case number is given. Where was that action filed, and what is the status of that action? 2. The plaintiff asserts that “on December 16, 2019, Plaintiff filed his initial complaint on behalf of himself and all other similarly situated persons employed by Defendant in California . . . .” (Memo., p. 2, ll. 14‐16....

Excerpt: ...aim for damages or issue of duty. (CCP § 437c(f)(1).) Although summary judgment/adjudication is no longer considered a “disfavored” procedure, the rule continues that the moving party's evidence must be strictly construed, while the opposing party's evidence must be liberally construed. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal. App. 4th 832.) Plaintiff is required to show that there is no defense to a cause of action if each element has ...

Excerpt: ...of express written warranty and breach of implied warranty. Defendant General Motors moves for summary judgment, arguing that plaintiffs' warranty claims are barred because the Act does not apply to purchases of used vehicles, relying on Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, review granted July 13, 2022. Defendant also relies on Nunez v. FCA US, LLC (2021) 61 Cal.App.5th 385. Plaintiffs argue that Rodriguez is not binding because th...

Excerpt: ...ons are treated by the court as motions for judgment on the pleadings, and both are granted without leave to amend. For the 4th cause of action, Defendant's motion for summary adjudication is denied as the City failed to establish that it complied with Government Code §3306.5. For the 5th cause of action, Defendant's motion for summary adjudication is granted as Plaintiff failed to create a triable issue on a prima facie case of discrimination b...

Excerpt: ...hat there are triable material issues of fact. Factual and procedural background: Plaintiffs allege that in and around 5/5/20, they purchased unimproved real property with the Assessor' s Parcel Number of 779‐ 260‐ 011 (Subject Property) for $26,800.00 at a tax sale that was duly conducted by the County of Riverside. (Complaint ¶ 6.) Shortly thereafter, Plaintiffs allege Defendant City of Coachella advised Plaintiffs that they had an interes...

Excerpt: ...referred to at the trial of any such action.” (CCP § 484.100; Pech v. Morgan (2021) 61 Cal.App.5th 841, 854, n. 9.)) Rather, Defendants submit a declaration to explain what defenses they will assert based upon the language of the contract and documents related to an investigation – documents that are notably not included as exhibits to the declaration. (See Altepeter Decl., ¶ 4 [detailing the provision of the contract], ¶¶ 6‐8 [investig...

Excerpt: ... the present petition/motion to compel arbitration before any arbitral body other than the AAA. * * * In his motion, Plaintiff argues that under the Retail Installment Sales Contract (“RISC”), he is entitled to select the arbitration forum. Plaintiff argues that AAA is an insufficient forum and is not favorable to consumers. Plaintiff further argues that although other manufacturers agree to arbitrate in forums other than AAA, NNA has unreaso...

Excerpt: ...pt employee working as part of the Field Crew. (Maciel Decl. ¶ 3.) In connection with his employment with Defendant, Gonzalez executed an Arbitration Agreement on November 18, 2020, agreeing to arbitrate any and all employment‐related disputes with Defendant on an individual basis and waiving, among other things, his right to bring any representative action. (Maciel Decl., ¶ 4, Ex. A.) Specifically, the Arbitration Agreement states, in releva...

Excerpt: ...a Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No. MCC1800582 (“underlying case”). On August 30, 2022, Plaintiffs' counsel, Clay R. Sides (“Mr. Sides”) agreed to a settlement...

Excerpt: ...0 + 60 filing fee). Factual and procedural background: This case arises out of an automobile accident that occurred on 12/19/19. The Complaint was filed on 11/19/21 alleging negligence. On 12/14/21, the County of Riverside (the “County”) filed a Complaint against Defendant for subrogation of claims paid in the workers' compensation case. On 1/28/22, this Court consolidated the two cases. On 5/23/22, Defendant issued sixteen (16) subpoenas for...

Excerpt: ...of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.” (Code Civ. Proc., § 391(b)(2).) The term “repeatedly” refers “to a past pattern or practice on the part of the litigant that carries the risk of repetition in the case at hand.” (Holcomb v. U.S. Bank, Nat. Ass'n (2005) 129 Cal.App.4th 1494, 1505.) “Although section 391, subdivi...