Excerpt: ...ct with the plaintiffs or their minor children, and (2) from interfering with the plaintiffs' quiet enjoyment of the premises at 30407 Early Round Drive, Canyon Lake, California, and of the rights associated with those premises, during the term of the current lease and any renewal or extension of that leasehold interest. If counsel for the defendant believes that the injunction requires a more detailed definition, defense counsel shall propose al...

Excerpt: ...s.” (Dunzweiler v. Superior Court (1968) 267 Cal.App.2d 569, 576.) While courts will occasionally deny leave to amend when the motion is brought on the eve of trial (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 486; Nelson v. Specialty Records, Inc. (1970) 11 Cal.App.3d 126, 139‐140), “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Kittredge Sports...

Excerpt: ...on seeks to preclude expert testimony on the issue of severance damages insofar as it is based upon a determination that RRM's remainder property does not include the South Pit Expansion. The determination of just compensation is measured by what the owner has lost rather than by what the condemner has gained. County of San Diego v. Bressi (1986) 184 Cal.App.3d 112, 123. Where, as in the present case, the proceeding involves condemnation of an ea...

Excerpt: ... it concerns matters already litigated in the family court. The Court disagrees. 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....

Excerpt: ...s of the property. Plaintiff also alleges that Cadez failed to disclose his conflicting interests and multiple roles in the transaction, including his dual agency and sole ownership of the Seller RTC. Had she known these facts, she would not have entered into the Agreement. (Complaint, ¶¶ 37, 73‐77; Cervenka Dec., ¶¶ 4‐16.) These facts suggest fraud in the inducement of the contract as a whole, not fraud in the inception or execution. How...

Excerpt: ...bers of the decedent, Richard L. Hassett, who have filed this action, against Defendant skilled nursing facility. Plaintiff Shirley J. Hassett, as successor‐in‐interest to the decedent, alleges a claim for elder abuse under the Welfare and Institution Code, negligence, and violation of residents rights (Health & Saf. Code, § 1430(b)). Plaintiff Shirley J. Hassett is also joined by the decedent's surviving children, Victoria L. Gaffney and Mi...

Excerpt: ...ause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action.” (CCP, § 437c, subd. (p)(1).) Once such a showing has been made, the burden shifts to the defendant 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. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing pa...

Excerpt: ...r was heard before Judge Lydia Villarreal, a visiting judge. Judge Villareal's temporary assignment to Riverside County Superior Court ended and therefore Judge Villarreal is unavailable to hear this motion. Consequently, this court requested and received the entire record of the trial. I have read and reviewed all the trial materials in order to rule on the instant motion. Insufficient evidence to justify verdict or decision A new trial shall no...

Excerpt: ...omplaint set forth a single cause of action for negligence. On 5/17/22, the court sustained the City's demurrer with leave to amend, and Plaintiff filed the operative first amended complaint (“FAC”) on 6/6/22 against the City and against Officer Jorge Lopez and Captain Mike Kovaleff. Plaintiff, who owns a vacation home in the City of Palm Springs, alleges that in 2014, PSPD called to inform him of a special program for individuals with vacati...

Excerpt: ...rer to the 3COA through 7COA is SUSTAINED as to both Calmwater and USRECH with 20 days leave to amend. 1COA and 2COA: The Demurrer is SUSTAINED as to Calmwater for failure to state facts sufficient to a cause of action. Rescission is technically a remedy, but nevertheless analysis follows. Movants persuasively argue that Calmwater is not a party to the loan documents so, there is nothing to rescind as to Calmwater. Notably, the FAXC alleges that ...

Excerpt: ... of promissory notes. Plaintiff Mohtasham Shalikar and Defendant Mohammad Shalikar are brothers and co‐own several real estate properties together. Apart from properties they own together, Defendant, Mohammad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust,...

Excerpt: ...o allow Plaintiffs to comply with the noncompliant matters under CMO Section H H.3(a)(vi)(A)&(B); 3(b); 3(e)(ii)&(iii); 3(k); 4(a); 4(c); 5(b); 5(c); 5(e); 9(b)(i). /// Page 3 of 4 Finally, the introductory paragraph of the Proposed Order should indicate that the Court, for purposes of the order, adopts all defined terms as set forth in the Settlement Agreement. Detailed Guidance: As to CMO Section H.3(a)(vi)(A): Is counsel Aiwazian aware of any ...

Excerpt: ...ads causes of action for premises liability and negligence. Roberta's husband, S. Morton Zweig, pleads a cause of action for loss of consortium. Defendant noticed plaintiffs' in‐person depositions, and their counsel said they would only appear remotely because they are in their 70s and fear exposure to Covid. The two attorneys have discussed this at some length and cannot agree. Defendant now moves for a protective order requiring plaintiffs to...

Excerpt: ...ruitment services to Defendant. (UMF, No. 1.) Although in its memorandum Plaintiff vaguely asserts that it performed all obligations under the Agreement, it has not produced any evidence of performance and the Declaration of John York does not address this issue. Under the terms of the Agreement, Defendant was charged a flat fee of $15,000 for job searches for Territory Sales jobs for Texas, Northeast USA and North Central USA. (Plaint. Ex. A.) T...

Excerpt: ...8 in favor of Walter Green that include but is not limited to the following: for partition by private; that Plaintiff and Defendant are holders of joint tenancy to the subject property; the appointment of referee 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 referee marketed the property and has file a request to ...

Excerpt: ...ing (1) breach of written agreement, (2) breach of oral agreement, (3) breach of the implied covenant of good faith and fair dealing, (4) fraud and deceit, (5) negligent misrepresentation, (6) intentional infliction of emotional distress, (7) unfair business practices, (8) breach of fiduciary duties, (9) false promise, (10) conversion, (11) promissory estoppel, and (12) declaratory and injunctive relief. On 6/17/22, Princess filed a Motion to Dis...

Excerpt: ...hich trailer was manufactured and distributed by defendant Thor Motor Coach, Inc. dba Jayco, Inc. (“Jayco”). Plaintiff alleges the trailer was defectively manufactured, designed and/or assembled relating to the main function of the trailer, along with mechanical and battery charging issues, and that Defendants were unable to fix the defects despite numerous attempts. Plaintiff alleges the trailer has been out of service to Plaintiff for at le...

Excerpt: ...ice on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.” (Rules of Court, rule 3.110(b).) Failure to comply with this rule, however, does not mean that service is not allowed after such period. Rather, the failure to comply...

Excerpt: ...18, 19, and award sanctions in the reduced amount of $720. Where responses to document requests have been timely filed but are deemed deficient by the requesting party (e.g., the response is inadequate, incomplete, or evasive, or an objection in the Page 3 of 4 response is without merit or too general), that party may file a motion to compel further responses. (CCP § 2031.310.) The motion must be accompanied by a declaration showing a “reasona...

Excerpt: ...ty's option to produce writings; or (3) an objection to the particular interrogatory. (Id. at §§ 2030.210(a)(1)–(3).) There is no requirement that a party moving to compel further interrogatory responses must show good cause. Plaintiff moves to compel GM to provide further responses to his first set of FROG No. 12.1, which asked: State the name, ADDRESS, and telephone number of each individual: (a) who witnesses the INCIDENT or the events occ...

Excerpt: ...ight to assert a meritorious cause of action.” (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Great liberality is exercised in matters of amendment so that cases may be decided on their merits. (Desney v. Wilder (1956) 46 Cal.2d 715, 751.) But, despite, the liberal policy of generally granting leave to amend, it “may be denied if there is prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs ...

Excerpt: ...pump) to control his pain. (Def.'s Separate Statement of Undisputed Material Facts [“DSSUMF”] ¶¶ 3–4.) On 7/6/17, Defendant implanted the pain pump in Plaintiff. Id. at ¶ 3.) After the implantation, Plaintiff overdosed on Dilantin. (Id. at ¶ 7.) On 8/2/17, Plaintiff returned to Dr. Khatibi and told him that he wanted the pain pump removed due to “PTSD” from his Dilantin overdose experience at the hospital. (Id.) The pain pump remova...

Excerpt: ...e is continued to 11‐29‐22, 8:30 A.M., Dept. 1. Analysis: First Cause of Action re failure to comply with APA The parties appear to agree that relevant test is from Tidewater Marine Western, Inc. v. Bradshaw (1996) 14 Cal.4th 557, 571, in which the court adopted this rule for when an agency has adopted a regulation that should be subject to the APA: “First, the agency must intend its rule to apply generally, rather than in a specific case. ...

Excerpt: ... taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. C.C.P. § 425.10: Home Care contends the complaint fails because it does not comply with C.C.P. § 425.10(2). This code section requires that a complaint contains “[a] demand for judgment for the relief to which the pleader c...

Excerpt: ... 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.4th 861, 872.) Generally, a plaintiff need only plead facts necessar...