Excerpt: ...efendants”) arguing that it is overbroad. They contend that the only medical records that should be released are those related to the issues in controversy. According to plaintiffs, the only physical injuries tendered in controversy in this matter are: (1) pressure ulcers that decedent Floyd Stallworth had from January 2020 to February 2020; (2) the April 2020 fall that resulted in a hematoma to the left side of decedent's head; and (3) the fec...

Excerpt: ... as to whether any floor sweep checks occurred on the day of the incident prior to Plaintiff's fall. Defendant has not provided any logs that show if or when the floor was checked by employees. The only evidence provided by Defendant is that employees typically checked the floors in the area where they were working, but there is no evidence that any employee actually checked the floor on the day Plaintiff fell. If a sweep check did not occur, Def...

Excerpt: ...Springs, California. She allegedly slipped on a liquid substance that was spilled by an unknown third‐party customer or her child approximately three minutes prior to the incident, sustaining injuries. On April 6, 2021, Plaintiff filed a Complaint against Walmart, alleging negligence and premises liability. She alleges that Walmart had actual or constructive notice of the substance on the floor that caused the incident, or that Walmart failed t...

Excerpt: ...ce of a dangerous condition, Plaintiff was negligent, and that she had no duty to eliminate a trivial hazard. The Court finds disputed issues of material fact preclude summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by...

Excerpt: ...on the rest as not material. Based on the arguments of notice and open and obvious, PK has met its initial burden and Plaintiff has failed to establish a triable issue of material fact. The second amended complaint alleges that the dumpster itself constituted a dangerous condition and PK failed to use reasonable care because it did not provide safety precautions or warnings for individuals who climbed into the dumpster. PK contends these claims f...

Excerpt: ...e court makes an implied certification as to its legal and factual merit, and a violation of this implied certification subjects the attorney and/or party to sanctions. (Code Civ. Proc., §128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Civ. Proc., § 128.5 [authorizing the imposition of sanctions “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of acti...

Excerpt: ... order is signed. Analysis: Vehicle Code section 35701 provides: “Any city, or county for a residence district, may, by ordinance, prohibit the use of a street by any commercial vehicle or by any vehicle exceeding a maximum gross weight limit . . . .” (Subd. (a).) Perris adopted such an ordinance, purporting to prohibit trucks over a particular weight from using Ethanac Road. (Ordinance 1419, Menifee RJN Exh. 2.) In its 3rd cause of action, M...

Excerpt: ...continued to 2/6/23. Mr. LaTorraca opines that a reasonable rate in this matter is between $225 and $300 per hour, based on a ruling almost five years ago, with no explanation of the complexity of the issues involved in that case. (LaTorraca declaration, ¶¶55‐57; Exhibit “10”.) This figure is not consistent with my own assessment of fees in this region and the other factors to be assessed in determining what would be a reasonable rate for...

Excerpt: ... In evaluating a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records d...

Excerpt: ... dining room and family room. A plumber identified the issue as a failed pressurized water line. As the policy required mitigation, Plaintiffs contacted Defendants Carlo Terzian and Alltra Fresh Cleaning Specialists, Inc., who assured that the claim would be covered by State Farm. Plaintiffs allowed Alltra to perform work and State Farm did not inspect the property until 10/28/20. State Farm denied the claim on the grounds that the plumbing was d...

Excerpt: ...thin 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH”) (collectively, “Defendants”), alleging the following seven causes of action (COA): (1)...

Excerpt: ...d to submit proposed judgment consistent with this order within 20 days of this order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action filed by a homeowner against neighboring homeowner (and HOA) disputing that the view from their lot has been materially impeded by the conditions of the neighboring home. Plaintiff Gilbert and the Clevelands own homes within the Canyon View Estates, which are governed by the De...

Excerpt: ...ch of a commercial lease agreement. Plaintiff/Cross‐Defendant Natasha Radwan, Trustee of the Canyon Springs Investment Trust (“Plaintiff”) filed the complaint in this action on 4/26/19 against defendants Hope CDC (“Hope”), Jaclyn Thomas and Misheilya Shorter (“Defendants”). Hope filed its cross‐complaint on 5/24/19, and Plaintiff filed an answer to the cross‐complaint on 6/17/19. Plaintiff failed to appear at trial, and on 1/6/2...

Excerpt: ...efendants also have a motion to strike set on 1/18/23 to strike any references to punitive damages or attorney fees. As the Court is sustaining the demurrer with leave to amend, the Court finds that the motion to strike is moot. The Court shall take the 1/18/23 motion to strike off calendar, without prejudice. Analysis This is a wrongful death action, where Plaintiff alleges that Carlo Forne was a patient at Defendants' facility, Bristol Hospice ...

Excerpt: ...he allegations are uncertain such that it cannot reasonably determine what issues must be admitted or denied, or what claims are directed against her. The first cause of action fails to state facts sufficient to state a cause of action for breach of contract because it fails to plead, in more than a conclusory fashion, three elements: Plaintiff's' performance or excuse for nonperformance; the defendant's breach; and the resulting damages to the p...

Excerpt: ... Phillip John Sutro was injured, show that the GE defendants were aware of dangers relating to Omniscan. Defendants contend that the US labels have similar warnings. Take judicial notice of the content of FDA required labels for Omniscan dated November 2014, September 2007 and October 2019. This is not taking judicial notice of the truth of the facts stated but of the content of the labels. The issue on each cause of action is whether the GE defe...

Excerpt: ...y, the documents contain internal communications of FCA's engineers and personnel concerning analysis and investigation of alleged defects. The emails concern engineering team discussions on the investigation and application of vehicle recalls, tracking data for warranty claims, regulatory relations with governing bodies in foreign nations, and investigation methodology. (Decl. of Hendler, ¶¶5‐8.) Mr. Hendler asserts that the information is n...

Excerpt: ...eement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbati...

Excerpt: ...closure of the confidential material. Pursuant to Cal. Code Civ. Proc. §2031.010, a party may demand that any other party produce and inspect a document that is in the possession of another party. The demanding party must designate documents by specifically describing individual items or reasonably particularizing categories of documents. (Cal. Code Civ. Pro. §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such cate...

Excerpt: ...bable validity” of the claim by a “preponderance of the evidence.” (CCP §§ 405.3‐405.32.) The court cannot take into account a cause of action for fraudulent inducement that Plaintiff has not yet pled. CCP § 405.31 specifically provides that the “court shall order the notice expunged if the court finds that the pleading on which the motion is based does not contain a real property claim.” (Emphasis added.) Moreover, even if the cou...

Excerpt: ...sbra (“Asbra”), all of the defendants engaged in various fraudulent transfers to frustrate efforts to enforce the judgment against Asbra. Among other things, Plaintiff alleged that Asbra fraudulently transferred real property on Gavilan Road in Perris, CA (the “Property”) to Novorr and Pezzuto. On April 25, 2019, Plaintiff recorded a lis pendens against the Property. On August 5, 2022, the court entered judgment on a jury verdict in favor...

Excerpt: ...th reply papers.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537‐1538.) It should be allowed only in an exceptional case, and only on the condition that the opposing party be given the opportunity to respond. (Ibid.) This is not an exceptional case. The plaintiff's individual PAGA claim was ordered to arbitration, and the further prosecution of the action was stayed pending the resolution of the arbitration. Since then, the plaintiff has ...

Excerpt: ..., Rule 4 (Ex. C); (4) Indiana Rules of Court, Rules of Trial Procedure, Rule 4.1 (Ex. D); and (5) Proof of Service on Defendant in the Indiana case (Ex. E). The unopposed request is granted under Evidence Code §452(d). VACATING SISTER‐STATE JUDGMENT Per CCP § 1710.25, entry of judgment on a sister state judgment is a ministerial act by the clerk of the court, based on an application showing that judgment has been entered against the defendant...

Excerpt: ...Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee); see also Oaks Management Corp. v. Sup. Ct. (2006) 145 Cal.App.4th 453, 462.) “The power is frequently exercised on a showing that disqualification is required under professional standards governing … potential adverse use of confidential information.” (Responsible Citizens v. Sup. Ct. (1993) 16 Cal.App.4th 1717, 1723–1724.) However, in exerci...

Excerpt: ...party in the amount of $560.00 within 20 days of service of notice. (CCP 2023.010, 2030.290 (c), 2031.310, and 2033.280.) Moving party ordered to give notice pursuant to CCP §1019.5. On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BHH Affiliates, LLC (“BHH...