Excerpt: ...valid security interest in goods, which Defendants purchased from Bank's borrower. After a bench trial conducted from August 1, 2022 to August 15, 2022, on September 9, 2022, judgment was entered in this matter for Defendants, Hayday Farms, Inc., Hayday Farms Holdings, Ltd., Hayday Farms Venture, LLC, Hayday Farms Venture I, LLC and Hayday Farms of California, LLC and against plaintiff, Wells Fargo Bank, National Association. Defendants filed a m...

Excerpt: ...ought to be discovered are privileged, protected, or beyond the scope of discovery. (Code Civ. Proc., § 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California (1982) 1...

Excerpt: ... and to avoid the substantial danger of inconsistent adjudications. (Todd‐Stenberg v. Daikon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978‐979.) The moving party needs to show that the issues in each case are basically the same and that economy and convenience would be served by consolidation. (Ibid.) Consolidation is proper where there is no risk of undue confusion and prejudice. (Id. at 980.) The exercise of a court's discretion wit...

Excerpt: ...ut merit or too general. (CCP § 2031.310(a).) In a motion to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP § 2031.310(b)(1); Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevanc...

Excerpt: ...ablish that the agreement is governed by the FAA. That argument fails. suspect that the reply is correct: If federally regulated, then involved in interstate commerce, and the FAA applies. The defendant offers evidence that its operation is governed by extensive federal regulations. The plaintiff does not dispute that; she simply argues that such regulation by itself is insufficient. The Court disagrees. “The Federal Arbitration Act (FAA), titl...

Excerpt: ...f 3 Defendants, Plaintiff was required to sign various onboarding documents, including” an arbitration agreement. He also alleges that the defendants were his joint employers, and that each was the alter ego of the other. (Compl., ¶ 10.) Therefore, the lack of an express definition of “Company” is immaterial. Plaintiff also points out that the arbitration agreement was not signed by any Defendant. However, there was no signature block to b...

Excerpt: ... 2030.090(b), 2030.040(b), 2033.080(b).) The moving party has the burden of establishing good cause for a protective order. (Emerson Elec. Co. v. Superior Court (1997) 16 Cal.4th 1101, 1110.) This requires a showing that the burdens involved clearly outweigh whatever benefits are sought. (Code of Civil Procedure, section 2017.020(a).) THE RELEVANCE OF THE SUBJECT DISCOVERY TO THE ALLEGATIONS OF THE FAC ARE NOT APPROPRIATE FOR A MOTION FOR PROTECT...

Excerpt: ...f their shares and fifty percent ownership rights in the business. Plaintiffs allege that, in 2017, Plaintiffs, together with Defendants Jones and Douglas, put together a business plan to form and operate Green America, Inc. As alleged by Plaintiff, in 2018, Douglas and Jones unilaterally converted Green American from a non‐ profit mutual benefit corporation to a general stock corporation by refiling a Restated Articles of Incorporation with th...

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

Excerpt: ...also owns a 2005 Monaco Windsor RV vehicle, which was insured by National General Insurance Company (“National”). On 7/10/21, a fire destroyed the Gunthers' personal property, including the RV. The Gunthers were partially paid by their insurance carriers, but claim they have additional damages not covered by the insurance. State Farm and the Gunthers filed the complaint in the lead case, CVRI 2200057, against the City of Riverside, alleging s...

Excerpt: ...c. (W‐W) allegedly designed, manufactured, and supplied livestock equipment including the Bucking Chutes where the accident occurred, which the City purchased on 1/16/02. Plaintiffs allege that on 5/22/22, Dennis Eller was injured during a team roping event involving the Bucking Chutes. He alleges that he was swinging a rope in pursuit of a steer when the loop caught an unprotected/unguarded vertical pole in the Bucking Chutes. This caused the ...

Excerpt: ...r status. On July 21, she received assistance to pay the outstanding rental debt of $21,032.63, which would cover rental arrearages from January 2021 to December 2021 and future rent from January 2022 to March 2022. In January 2022, Defendants indicated that there was an outstanding balance of $1,384.80 and were issuing a three day notice. Plaintiff had previously tendered $7,168.75 which Defendants cashed but failed to credit. In March 2022, Def...

Excerpt: ... not possess and cannot reasonably obtain needed evidence. (CCP §437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evidence, the defendant must...

Excerpt: ... counterpart). 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, of...

Excerpt: ...Court sustains the demurrer with 30 days leave to amend as to the 1st, 2nd and 5th causes of action. The motion to strike is denied. Factual / Procedural Context: Plaintiffs Lorena Betancourt, Alexander Betancourt, Samantha Lopez, America Rodriguez, Michelle Arvelo, Raymond Anthony Garcia, Jose Ortez and Dylan Hainult (collectively “Plaintiffs”) are tenants of a multi‐family residential building in Riverside (“Property”). The property i...

Excerpt: ...reach of express warranty in violation of Song‐Beverly Act, and (2) breach of implied warranty in violation of Song‐Beverly Act. Plaintiffs allege that, on August 20, 2019, they purchased a 2019 Chevrolet Silverado 1500, manufactured and distributed by Defendant. (Compl. ¶¶ 4, 11, 14.) They allege that the subject vehicle came with defects and nonconformities in transmission, engine and exterior, and that Defendant's authorized repair facil...

Excerpt: ...s in Set one. No attorney fees or cost awarded. Responding party to provide further verified documents within 20 days of service of notice. Moving party to provide notice. Plaintiffs, Jeffrey E. Fromberg and Mary E. Fromberg, individually and as Trustees of the Fromberg Family Trust dated June 23, 2009, filed the operative First Amended Complaint (FAC) on 8/17/22 against Defendants, Barbara A. Long (aka Barbara Vanton Long), individually and as T...

Excerpt: ...ion (MND) and related approvals for the Dedeaux Harvill Truck Terminal Project (Project), which is to be built by Real Party in Interest, DP Harvill, LLC2 (Project developer.) (Petition [Pet.] ¶¶ 1, 11‐12.) The Project involves converting 11.5 acres of vacant land in Mead Valley to warehouse logistics (a 53,275 square foot building3 ) and truck terminal distribution uses. (Id. ¶ 2.) The Project site is located between Patterson and Harvill A...

Excerpt: ...y her brother. a. Notice of Sexual Harassment At Plaintiff's deposition, RUSD's counsel asked the following line of questioning: “Besides reporting the bullying at any time, did you ever report feeling sexually harassed by anyone when you were attending either Arlington or North [High School]?” (Bauermeister Decl. ¶ 3, Ex. A at 55:3–10.) Plaintiff's counsel objected under CCP § 2017.220, arguing that Defendants are not entitled to ask abo...

Excerpt: ...ses of action for 1) strict products liability, 2) negligence and negligence per se, 3) NIED, and 4) loss of consortium. Further, the FAC alleges that during Thanksgiving week in 2018, Plaintiffs Joseph and Azadeh Lavi, who were lawfully married at the time, visited the Defendant Hotel with their young children. While at the Defendant Hotel, Mr. Lavi ordered a Caesar salad (a salad made with romaine lettuce) from the Defendant Hotel, which the Ho...

Excerpt: ... showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. At...

Excerpt: ...counsel. The court is further inclined to set this matter for a Mandatory Settlement Conference (MSC) with Judge Angel M. Bermudez, to occur prior to the evidentiary hearing. The date and time for the MSC to be arranged by counsel with Judge Bermudez' clerk. Counsel are ordered to contact the clerk in Judge Bermudez' Department S302, forthwith to schedule the (MSC). Prior to the evidentiary hearing, the parties shall submit briefs no later than t...

Excerpt: ...nt's agreement to turn over the documents, the motion is granted as to Nos. 60, 61, 66, 68 – 70. As to 60 and 61 the requests are limited to the transmission issues experienced by Plaintiff's vehicle and as to Nos. 66, 68, 69, and 70 the requests are limited to the defects expects experienced by Plaintiff's vehicle. All requests are limited to the same type, make, model and year of Plaintiff's vehicle. Defendant is to produce the responses with...

Excerpt: ...mplaint on July 22, 2022 against cross‐defendants Michael Ulloa and Joshua Gonzales. Ulloa and Gonzales (together, “Cross‐Complainants”) thereafter filed a cross‐ complaint for indemnity and contribution against the Reinas on September 22, 2022. * * * The Reinas now move to strike Cross‐Complainants' demand for attorney fees on the ground that the cross‐complaint fails to set forth a contractual or statutory basis to support the dem...

Excerpt: ...ezler, as Trustee of the Kenneth Paul Schlick, Jr. Living Trust (“Defendant”). Plaintiff alleges that she is the equitable owner of real property located on Pueblo Rd. in Indian Wells (the “Property”). (Complaint, ¶ 9.) Plaintiff began occupying the Property as a second home in approximately June 2015 and has, since that time, made all of the mortgage payments and paid for all upkeep of the Property. (Id., ¶¶ 10‐11.) Plaintiff allege...