Excerpt: ...pel arbitration. Upon the petition of a party to an agreement to arbitrate, a court must compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Code Civ. Proc., § 1281.2.) A proceeding to compel arbitration is in...

Excerpt: ...s America, Inc.) (“KA”). The court subsequently sustained a demurrer to the third cause of action for fraudulent concealment and the fourth cause of action for fraudulent misrepresentation with leave to amend. On December 17, 2021, Plaintiff filed the operative first amended complaint (“FAC”). On February 24, 2016, Plaintiff purchased a new 2016 Kia Soul (the “Vehicle”). (FAC, ¶ 11.) The Vehicle was backed by a written warranty. (FAC...

Excerpt: ...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.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the c...

Excerpt: ...Form Interrogatories 12.2 and 12.3 Special Interrogatories 27, 30 and 69 request the identification of certain documents. Matika responded to special interrogatories 27 and 30 with “Responding party is unaware of any documents at this time as the conversations were oral.” Similarly, Matika responded to this interrogatory 69 with “none.” These responses are substantive and respond to the interrogatories at issue. Matika responded to Form I...

Excerpt: ...ding deposition costs related to the deposition of defendant Christene Asbra, who was an officer, director, and shareholder of defendant CSJ. The court declines to tax the amount sought based on the percentage of inquiry at the deposition specifically related to CSJ; the court finds the deposition was reasonably necessary to the litigation, regardless of the percentage of questions regarding particular defendants, and that the charges are reasona...

Excerpt: ...ed in Opposition to Motion for Summary Judgment are SUSTAINED in their entirety. The court finds that Griswold's Declaration has no evidentiary value. Defendant/Cross‐Complainant Town & Country Investments, LP (T&C) moves for summary judgment of its First Amended Cross‐Complaint against Plaintiffs/Cross‐Defendants King City Entertainment, Inc. and Minerva Munoz (KCE/Munoz), or in the alternative, summary adjudication of the 1st and 2nd caus...

Excerpt: ...ive damages allegations. Plaintiff was not otherwise granted leave to amend the operative complaint. Nevertheless, a review of the Second Amended Complaint filed by Plaintiff reflects that Plaintiff made numerous unauthorized amendments with the intent to avoid this motion and in direct defiance of this Court's order of November 4. Plaintiff did so even though a motion to amend to make these additional changes was pending. For example, Plaintiff ...

Excerpt: ... discrimination because the evidence shows that she was unable to perform essential functions of a CO. Defendant argues that it placed plaintiff on unpaid leave of absence for a legitimate, nondiscriminatory reason, namely to maintain plaintiff's employment while she remains unable to work. Defendant argues that plaintiff cannot show a failure to accommodate or engage in the good faith interactive process because it offered accommodations and rou...

Excerpt: ...se arises from an automobile collision that occurred in Palm Springs, California, on June 28, 2020. Plaintiff Barry Trailer (“Plaintiff”) alleges that, Defendant John Charles Crosier (“Defendant”), who was operating a vehicle owned by Innovative Automotive Holdings LLC (“Innovative”), collided with his vehicle, causing him serious injuries. On August 3, 2021, Plaintiff filed a Complaint against Defendant, alleging (1) motor vehicle an...

Excerpt: ...onnection with an alleged wrongful foreclosure of their home 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 chan...

Excerpt: ...SWIT CANYON, INC. Tentative Ruling: Overrule the demurrer. The interpretive questions the parties raise cannot be resolved on a pleadings motion. (Aragon‐ Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 [“Where a complaint is based on a written contract which it sets out in full, a general demurrer to the complaint admits not only the contents of the instrument but also any pleaded meaning to which the instrument is...

Excerpt: ...dant served her first set of Requests for Admission (“RFAs”). Plaintiff responded with objections only, and on August 15, 2022, Defendant moved to compel further responses. On September 28, 2022, the court granted the motion, as well as a motion to compel further responses to Form Interrogatories (“Form ROGs”), and ordered Plaintiff to provide responses to RFAs without objection by October 10, 2022 and to pay monetary sanctions. Plaintiff...

Excerpt: ...ant, false, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the First Amended Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression...

Excerpt: ...tween the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” (Hanson v. Grode (1999) 76 Cal.App.4th 601, 606.) “No medical malpractice claim is viable without expert testimony establishing the appropriate standard of care.” (William v. Prida (1999) 75 Cal.App.4th 1417, 1424.) “The standard of care against which the acts of a physician are to be measured is a matter pecu...

Excerpt: ...of the hearing, default judgment was entered in favor of Plaintiffs for possession and damages, writ to issue forthwith. On February 10, 2022, Defendants George and Veronica Bakos filed a motion to vacate the default judgment, pursuant to Code of Civil Procedure section 657, subdivision (1), on the ground Defendants did not get a fair trial as a result of the “[i]rregularity in the proceedings of the court, jury or adverse party, or any order o...

Excerpt: ...tal declaration regarding whether he was entitled to relief under Code of Civil Procedure section 473.5 and whether he had actual notice to defend the matter before his default was entered. Defendant stated in his declaration that he didn't find out about the lawsuit until his real estate agent told him about it, but the original declaration failed to state a date when he was told—i.e., before or after his default was entered. Supplemental Repl...

Excerpt: ...for 1) breach of contract, 2) breach of the implied covenant of good faith, 3) fraud, 4) RICO violation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” On 7/21/22, defendants' demurrer to the FAC was sustained with 20 days leave to amend. Defendants' mo...

Excerpt: ...y Unified School District at the time of the alleged sexual battery by another minor student, J.M., who also attended the High School. Plaintiff alleges that at the time of the events described in the complaint she was in the High School's special needs program and that, on October 21, 209, while plaintiff was being transported by bus to the High School, plaintiff was the victim of sexual battery and assault by J.M., who forced her to perform ora...

Excerpt: ...radict Dr. Kessler, they have not established that any triable issues exist as to the Medical Malpractice, NIED and Loss of Consortium. Any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that there is no defense to 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 ...

Excerpt: ...in violation of Government Code section 12955; (3) retaliation in violation of Government Code section 12955; (4) intentional infliction of emotional distress; (5) violation of the Bane Act; (6) violation of the Ralph Act; and (7) violation of Unruh Act. Defendant Bressier and Casenhiser Inc. demurrer to the only causes of action stated against it, i.e., the first, second, third, fourth, and seventh causes of action. The Court agrees that these c...

Excerpt: ... granted as to the existence of the documents but not the truth of their contents. (Evid. Code §§ 452(c) & d [permitting judicial notice of “[o]fficial acts of the executive . . . departments of the United States” and “[r]ecords of . . . any court of record of the United States”]; People v. Morales (2018) 25 Cal.App.5th 502, 511, fn. 7 [“courts may take judicial notice of information published on official government websites”].) A g...

Excerpt: ...ect to the litigation privilege. Lazzara argues that the motion is untimely, filed more than 60 days after the original cross‐complaint. Lazzara further argues that the cases on which Lindberg relies are distinguishable and inapplicable. Finally, Lazzara argues that she has shown probability of success on the merits. The motion is timely because it is brought in response to an amended cross‐complaint and is based on an allegation that was not...

Excerpt: ... of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Co‐ Defendant Manuel Ramos (“Ramos”) filed a “Motion to Dismiss or Close Case” on the grounds that all three Defendants “do not reside in Riverside County” and “[a]ll communication among all the parties occurr...

Excerpt: ...ant The Springs. Award to be paid within 10 days of service of notice. Moving party to provide notice pursuant to CCP 1019.5. This case arises out of the purchase of a single‐family residence by Plaintiffs Richard Kite and Becky Kite. Plaintiffs allege 7 causes of action for: 1) breach of contract, 2) negligence, 3) professional negligence, 4) negligent misrepresentation, 5) fraudulent concealment, 6) fraud and deceit, and 7) breach of fiduciar...

Excerpt: ...executed an Employment Agreement which includes a provision entitled “Agreement to Arbitrate Disputes” (the “March 2001 Arbitration Agreement”). (Id. at ¶¶ 6–7. Ex. A.) On May 16, 2001, upon Plaintiff's initial start date, Plaintiff again executed an Employment Agreement which includes a provision entitled “Agreement to Arbitrate Disputes” (the “May 2001 Arbitration Agreement”). (Id. at ¶ 9, Ex. B.) The May 2001 Arbitration A...