Excerpt: ...dant has failed to place the medical records before the court under the business records exception to the hearsay rule, or to provide the authenticated documents in its Appendix of Attached Exhibits. OVERRULE Defendant's Objections to Plaintiff's Evidence in support of the Opposition in their entirety. DENY Motion for Summary Judgment/Summary Adjudication. The Defendant has not met her burden on this motion pursuant to CCP § 437c(p)(2). Therefor...

Excerpt: ...fects, which could not be repaired after FCA was given repeated opportunities. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and implied warranties. Plaintiffs also allege that defendant Geovel, Inc. dba I‐10 Chrysler Jeep Dodge Ram (“Geovel”) is authorized by FCA to perform service on FCA‐manufactured vehicles and performed negligent repairs when the subject vehicle was brought into the dealer...

Excerpt: ...Court reconsider its ruling based on an argument Plaintiff claims to have raised at oral argument on the demurrer, but which was not included in Plaintiff's opposing papers, specifically that Plaintiff has a right of privacy under Article I section 1 of the California Constitution to be free from unwarranted medical toxins and the excessive use of force, citing Hill v. National Collegiate Association (1994) 7 Cal.4th 1, 8. Plaintiff argues that i...

Excerpt: ... entered into in “good faith, and that all actual and potential future claims, complaints, cross‐ complaints, demands, known or unknown, for equitable comparative contribution or implied, total or partial or comparative indemnity and/or comparative negligence against Defendant are dismissed and barred pursuant to CCP §§ 877 and 877.6. The settlement terms provide that Defendant MHSI, by and through its insurer, will pay Plaintiffs the total...

Excerpt: ...one‐fifth interest in property located at 175 Gran Via in Palm Desert (“subject property”) and that he owns his interest with his siblings, defendants Janet Rappaport (“Janet”), Valerie Rappaport (“Valerie”), James Rappaport (“James”), and Richard Rappaport (“Richard”) (collectively, “defendants”). Plaintiff alleges that he and defendants acquired the subject property by gift deed from their parents, Irving and Julia W. ...

Excerpt: ... agreement and proposed order do not comply with the CMO at § D.10. • The proposed order does not comply with the CMO at § D.11. • At the last hearing, the Court objected to the $7,500 release fee being paid to the plaintiff, in part on the ground that the plaintiff was receiving the entire release fee, without any deduction for the attorney's fees and costs incurred to obtain that release fee. As a result. the LWDA and the aggrieved employ...

Excerpt: ...iction is precluded, jurisdictionally, from rendering declaratory relief or injunctive relief regarding the administration of another superior court. Here, petitioners are not seeking to reverse a decision of the San Bernardino Superior Court having coequal jurisdiction, but rather are challenging the administrative orders of the presiding judge of San Bernardino. Demurrer is overruled on the basis of lack of jurisdiction. First Cause of Action f...

Excerpt: ...and age. Plaintiff claims he was discriminated on the bases of these protected classes, but does not provide factual assertions to support any of them. Plaintiff fails to allege facts that constitute circumstances suggesting discriminatory motive based on the protected class. With respect to the harassment claim, Plaintiff fails to allege the conduct by IA that he considered harassing in nature, how frequently the alleged harassment occurred, whe...

Excerpt: ...m to their insurer, State Farm General Insurance (“State Farm”), which acknowledged coverage. (Id. at ¶¶ 1, 3, 4.) State Farm then engaged numerous vendors to for repairs, including Plaintiff P.W. Stephens Environmental, Inc. (“P.W. Stephens”) and Cross‐Defendant Nextgen Associates, Inc. dba Service Master Restoration (“Service Master”). (Id. at ¶ 5.) In January 2020, the Molinas entered into written agreements with P.W. Stephens...

Excerpt: ...sponses to Requests for Production, Set Two, granted. Sanctions against Plaintiffs is awarded in the reduced amount of $485. CCP §2030.290(b) and §2031.300(b) allow the propounding party to file a motion to compel responses to interrogatories and document demands if a response has not been received. If responses are untimely, responding party waives objections. (CCP §2030.290(a) and §2031.300(a).) The moving party is not required – though i...

Excerpt: ...o the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐ 1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of ma...

Excerpt: ... in El Dorado Hills, California. Plaintiffs allege in their Complaint that they are residents of Sacramento County and that they lived in the property at issue here for 17 years. (Complaint ¶ 1.) They further allege that all business was conducted in El Dorado County and that venue is proper in El Dorado County. (Complaint ¶ 18.) Defendants Boudier and Dance Hall Investors move to change the venue of the present action from Riverside to either ...

Excerpt: ...g 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 verbatim, or such provisions must be attached and incorporated by reference. (CRC 3.1330; see also Conde...

Excerpt: ...dgment that comports with this ruling. The trial court's jurisdiction to act on remand from a higher court is defined by the terms of the remittitur. (Snukal v. Flightways Mfg., Inc. (2000) 23 Cal.4th 754, 774, fn. 5; People v. Dutra (2006) 145 Cal.App.4th 1359, 1368‐1369.) If the remittitur is ambiguous, the trial court can interpret it in light of the law and the appellate opinion to determine its duties. (People v. Dutra, supra, 145 Cal.App....

Excerpt: ...ectuate the purchase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Pelton 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 d...

Excerpt: ...��duty security guard, defendant Kauvaka, employed by defendants Romano's and Raincross Pub and Kitchen. Plaintiff filed the Complaint on 6/1/20, alleging 1) failure to properly select, train, supervise; 2) intentional tort – assault; 3) negligence; and 4) assault and battery. Kauvaka filed the Answer on 6/11/21. On 7/29/21, Raincross filed a Cross‐Complaint against Pixels Video Bar, Chad Norton and Micah Herrera for 1) equitable indemnity; 2...

Excerpt: ..., CA (the “Property”), without consideration, to Defendant. (Complaint, ¶¶ 2‐4, 6‐8, 11‐12.) At the time he executed the Deed, Plaintiff, who suffered from a severe drinking problem, was under the influence of alcohol and lacked proper capacity. (Complaint, ¶¶ 8‐9.) On 6/21/21, Plaintiff was admitted to a detox facility and only discovered the that he had conveyed his interest in the Property to Defendant after he left treatment. ...

Excerpt: ...rbitant amount of fees in order to vacate the hearing. Plaintiff is ordered to pay the transfer fees within 30 days after service of notice of the transfer order by defendants. (Code Civ. Proc., § 399(a).) Factual and procedural background: Plaintiff David Shemula brings this action on his own behalf and derivatively for Progressive Security Screens, LLC, which is also a nominal defendant. Plaintiff alleges he bought a 40 percent interest in Pro...

Excerpt: ...a red‐lined version of that amended agreement. Terms of Settlement In the Court's prior tentative ruling, the Court questioned why the PAGA claims were settled for only 4.3% of their reasonable value at trial (from $114,300 to $5,000) while the plaintiff's individual claims were settled for 17% of their reasonable value at trial (from $408,280 to $70,000). The supplemental declaration of Geshgian fails to explain that difference. As a percentag...

Excerpt: ...nt Co. LLC (“Skyline”), alleging breach of governing documents and breach of fiduciary duty. On 6/12/2019, Plaintiffs filed their First Amended Complaint (“FAC”) after the Court sustained Defendant Skyline's demurrer to the Complaint. The FAC was brought against Defendants Skyline, Jennifer Roberts, and David Gilbert (collectively, “Defendants”) and alleged the following four causes of action: (1) breach of governing documents and vio...

Excerpt: ...issue Belaire West notices. That appears to the Court to be unreasonably expensive. Given that Phoenix is conducting the entirety of settlement administration for $5,750, it is difficult to understand how it reasonably cost nearly 55% of that sum just to send out a letter. The Court requires a declaration from Rust explaining why the amount charged is reasonable. 2. Separate settlement a. The plaintiff has entered into a separate settlement with ...

Excerpt: ...etailed declaration as to time spent on this portion of the case—the billing records currently lack sufficient detail. DENY Klein's costs related to court transcripts—he is not entitled to recover the court transcripts since (1) they must be pled and proven as part of trial; or, alternatively (2) this is an improper motion for reconsideration—Klein failed to make this argument in his opposition on the Motion to Tax. Timeline ▪ 7/13/17: Re...

Excerpt: ... in traffic. She filed her complaint on complaint on 8/16/22, which asserts: (1) Violation of Song‐Beverly Act—Breach of Express Warranty; (2) Violation of SongBeverly Act—Breach of Implied Warranty; and (3) Fraudulent Inducement—Concealment. The present motions are a demurrer and motion to strike brought by defendant. In the demurrer, defendant challenges the third cause of action under CCP 430.10(e) for failure to state sufficient facts...

Excerpt: ... for the purpose of selling the property pursuant to Code of Civil Procedure (CCP) §§ 873.650 – 873.680 and other applicable law; and retention of jurisdiction by the court. The Court appointed Matthew L. Taylor as the partition referee (“Referee”). On 6/14/18, Defendant filed a Notice of Appeal, which was denied. There have been several motions since filed. Pursuant to order of the Court, the referee marketed the property and on 9/2/222 ...

Excerpt: ...ifically, at the deposition Gunberg was asked to locate certain portions of Plaintiff's heart on an ultrasound image. While Gunberg pointed to the portions at issue, his counsel instructed him not to label the ultrasound images. Plaintiff argues that it is entitled to nonverbal answers – like labeling an ultrasound image. He argues the information sought is not privileged or private information. He contends that the questions pertain to relevan...