Excerpt: ...418, subdivision (e)(3), so the Court considers this request on the motion of Defendant Smith. “The doctrine of forum non conveniens is rooted in equity. It allows a court to decline to exercise its jurisdiction over a case when it determines that the case ‘may be more appropriately and justly tried elsewhere.' [Citation.] The Legislature endorsed the application of this principle by enacting section 410.30, which states, in subdivision (a), ...

Excerpt: ...motion is denied. This request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 3 – the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 4 ‐ the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 5 ‐ the motion is denied. The request is overbroad and is not tailored to the specific c...

Excerpt: .... Plaintiff alleges that Hernandez and Langston met and engaged Robert Hollingsworth, an employee of Plaintiff, to perform the work on the home as a side job which was not to be disclosed to Plaintiff. Plaintiff contends that Hollingsworth, with the knowledge of all Defendants, used Plaintiff's employees, materials, equipment and credit cards to perform the work without the knowledge of Plaintiff. The Complaint alleges that upon Plaintiff's disco...

Excerpt: ...emurrer was unsupported by argument or authority. The court grants Defendants' request for judicial notice of recorded documents, but the judicially noticeable facts are not dispositive here. The fact that Defendant Price Manufacturing is not the record title owner does not prove, for pleading purposes, that Price Manufacturing lacks an ownership interest in the property. For the first cause of action, Plaintiffs fail to allege a breach of contra...

Excerpt: ...ntiff must seek leave of court by way of motion or stipulation prior to adding new causes of action and/or defendants. FACTUAL / PROCEDURAL CONTEXT Plaintiff Steve Smith (“Plaintiff”) and Defendant John Suhr (“John”) formed Defendant JS Technologies, Inc. (“JST”) in 1997. Plaintiff oversaw business operations while John was in charge of designing and managing production of guitars produced by the JST. Currently, Plaintiff and Surh eac...

Excerpt: ...mpted remediation but failed to remedy the issues. (Complaint ¶ 15‐16.) Although the Complaint asserts Defendant's conduct was fraudulent, there are no specific factual allegations that demonstrate fraud on the part of Defendant. However, there may be additional facts which can be alleged sufficient to support a claim for punitive damages. Claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged e...

Excerpt: ...e income for golf course operations. The Receiver's Opening Inventory and Takeover Report was filed on 5‐7‐20. At paragraph 8, page 2, lines 24 to 26 he states: “Receiver was able to obtain the balance of the operating account related to the Golf Course Property and is currently assessing the ability to operate the Golf Course Property in the coming months. As required by Riverside County, the golf course is currently closed.” The Receive...

Excerpt: ...n. (Code Civ. Proc., § 2025.450, subd. (b)(2).) Such a declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (§ 2016.040.) Here, the moving parties relied entirely on letters and emails. (Decl. of Mazzo, ¶¶ 5‐11; decl. of Anguiano, ¶¶ 3‐9.) An exchange of written communications is not a meeting, and does not constitute a reasonable or good‐faith ...

Excerpt: ... School District (District) assert claims for, among others, discrimination, harassment, retaliation, constructive termination and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees and the County of Riverside (County). Plaintiffs' allegations all concern actions taken after the hiring of former District superintendent Defendant Charles Bush in August 2016 (who recent...

Excerpt: ... for agricultural uses be reduced from 75% to 70%. The Court is inclined to approve that proposal. However, in the effort to eliminate the differential between M&I and agricultural producers, should the rampdown on agricultural producers be greater than 5% (so long as it is less than 5% for the sub‐area as a whole)? Phrased differently, to achieve a 5% rampdown in the Alto FPA as a whole while keeping the FPA for M&I constant at 55% of BAP, wha...

Excerpt: ... opposition persuasive in connection with what should be considered as reasonable attorney fees regarding the facts and circumstances surrounding this petition. An example some of the unreasonable claimed fees include 129 claimed hours drafting the opening brief; 78 hours drafting a reply brief and 59.30 hours claimed for the motion for attorney fees is unreasonable. Petitioners Nadine Garcia, James Marmor and Helen O'Neill‐Pottery are low inco...

Excerpt: ...nference on July 21, 2020, at 8:30 A.M. Analysis: The Court does not approve the service award to the plaintiff. The Court's CMO#2 requires the party seeking a service award in a PAGA case to provide authority for such a distribution. (Id., § E.8.) Despite the Court pointing out this omission at the first hearing on the motion, it appears that there is still no citation to any such authority from an appellate opinion in a PAGA case. Although the...

Excerpt: ...ave an outstanding balance of $112,619.47. Plaintiff filed this action on 7/3/19, and filed the First Amended Complaint (FAC) as a matter of right on 8/1/19. The FAC asserts: (1) breach of contract; (2) open book account; (3) recovery on release of mechanic's lien; (4) account stated; (5) quantum valebant; (6) guaranty; and (7) recovery on contractor's license bond. SR Construction seeks to intervene as a defendant in intervention as it has an in...

Excerpt: ...ctivity is constitutionally protected, not all speech or petition activity is protected by the anti‐SLAPP statute. (Id. at p. 313.) To prevail on an anti‐SLAPP motion, the moving party must first make a prima facie showing that the claims arise from the defendant's exercise of free speech or petition rights as defined in Code of Civil Procedure, section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330.) Once...

Excerpt: ...e Communities – A1 (“Defendants”) and at which she resided started June 29, 2018, failed to provide adequate care and attention to her basic needs, causing her to suffer from pressure sores, dehydration and other health conditions. Plaintiff filed the Complaint by and through her attorney‐in‐ fact, Carla Singleton, on October 25, 2019, and the First Amended Complaint on February 18, 2020, alleging elder abuse (neglect) and negligence. P...

Excerpt: ...ts is granted in part and denied in part. It is granted to the extent that it seeks a determination that Federal is the prevailing party on the action on the payment bond. It is denied to the extent that it seeks an award of costs of suit and attorney's fees. Analysis: Cell‐Crete sued Federal and Granite. Granite sued Cell‐Crete. The two actions were consolidated. Cell‐Crete's action was stayed while Granite's action was submitted to arbitr...

Excerpt: ...n indispensable party. (Code Civ. Proc. § 389(a).) The demurrer to the wrongful foreclosure action is sustained as Plaintiffs did not provide tender. The demurrer on judicial estoppel grounds is denied. Request for Judicial Notice is granted as to no. 1 pursuant to Evidence Code, § 452 (c), (h). Granted as to No. 2 to 9 pursuant to Evidence Code § 452(d), and as to nos. 3, 5, 7, and 9 notice is only as to the filing of the documents. As to the...

Excerpt: ...nies and one named company (Dart Container Corporation) and its owners (including but not limited to Kenneth B. Dart and Robert C. Dart). The release should be limited to the Defendant together with its officers, directors, employees, and agents, successors and assigns. If any other parties are sought to be released, the motion and Settlement should explain the facts that justify their inclusion. • The Settlement contemplates using Simpluris, I...

Excerpt: ...ced the requested hourly rate of Attorney Mikhov to $250.00 per hour for review; Attorney Wirtz to $550.00 per hour as trial counsel; Attorney Underwood to $300.00 per hour and paralegal billing to $135.00 per hour. This is a Song‐Beverly lemon law case that resulted in a jury verdict in Plaintiff's favor on 10/9/19. Plaintiffs now move for $277,542.50 in attorney's fees plus a “lodestar” enhancement of 1.5 in the amount of $138,771.25 for ...

Excerpt: ... be either general taxes or special taxes.” (Cal. Const., art. XIII C, § 2, subd. (a).) Local governments may not impose, increase or extend (a) any general tax unless it has been approved by a majority vote at a general election, or (b) any special tax, unless it has been approved by a two‐thirds vote of the electorate. (Id., subd. (b) & (d).) Proposition 218 did not define “tax.” That omission was cured when article XIII C, section 1, ...

Excerpt: ...st supplemental briefing which should address the impact of HCD's approval authority on the parties' settlement agreement and this court's authority to order City to do something contrary to HCD's explicit directions and the impact of the pandemic on the strict enforcement of the settlement agreement. This is a writ of mandamus case filed on 12/3/18 where petitioners seek to require the City of Desert Hot Springs and the Desert Hot Springs Housin...

Excerpt: ...des: If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the...

Excerpt: ...nd it is speculative and improper opinion; Page 3, Line 26, Paragraph 16. “Secondly, grading requires a separate permit from the City of Riverside.” Objection is overruled; Page 3‐4, line 27, paragraph 16 Objection is sustained as it contains hearsay and lacks authentication. Page 4, Line 5, paragraph 17, the objection is sustained as the statement is hearsay. Plaintiff's request for judicial notice is granted. Defendant 3591 Tyco, LLC's re...

Excerpt: ...ertz Vehicles, LLC and was operated by Defendant Avneesh Gill. Plaintiff and Defendants Gill and Hertz have entered into a settlement agreement in the sum of $15,000. Defendants Gill and Hertz seek this court's determination of good faith settlement on the grounds that $15,000 represents the full amount of the policy limits available for the accident. No declarations were submitted in support of the motion. Defendants Valia and Charles Devitis op...

Excerpt: ...rved for ruling pending the hearing as to nos. 25, 26, 27, 28, there is no tentative as below are questions for SPM to answer at the hearing. Granted as all other numbers. The names, addresses, and social security numbers belonging to third parties are to be redacted to the items produced as to nos. 29, 31, 32, Self Performance Mechanical, Inc. (SPM) is ordered to provide further responses and produce the documents within 60 days of the date of t...

Excerpt: ...e damages claim. Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. C.C. §3294 provides that exemplary damages are allowable where the defendant is guilty of malice, oppression or fraud. After the 1987 amendments, “malice” was redefined and now “means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and cons...

Excerpt: ...of harms weighed in favor of the County. Defendant Keniston personally appeared Pro Per at the TRO hearing. The Court granted him the opportunity to file an opposition to the OSC by March 13, 2020. Although the Court did not receive an opposition to the OSC, Defendant Keniston filed a verified answer on March 13, 2020 stating that the County has “manufactured this action as a pretext to either take the Property from Plaintiff (sic., it is assum...

Excerpt: ...ict finding that Defendant Staff Pro was negligent, but that Staff Pro's negligence was not a substantial factor in causing Plaintiff harm. Plaintiff has moved for a new trial and a JNOV alleging errors of law with respect to the admission of defense causation expert Ken Martin's testimony. For the reasons stated below, the Court denies both motions. Motion for New Trial A judge may grant a new trial based on an error in law that occurred at the ...

Excerpt: ... parents executed their wills and made the wills part of the trust. Collectively plaintiff refers to the Jackson Family Trust dated January 7, 1999 and his parents' wills as the Jackson Family Estate. Plaintiff alleges that Trust A was a revocable trust naming his mother Sandra Jackson as the trustee and beneficiary in the event Fred passed away first. Plaintiff asserts that Trust A becomes irrevocable upon the death of Plaintiff's mother. Plaint...

Excerpt: ...reement to arbitrate, a nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligations imposed by the agreement containing the arbitration clause. In other words, allegations of substantially interdependent and concerted misconduct by signatories and nonsignatories, standing alone, are not enough: the allegations of interdependent misconduct must be founded in or int...

Excerpt: ...e police or causing the police to be called were false or reckless statements that did not accord with the facts. Mr. Rivera's credibility was put in issue on several accounts. However, the court finds that the future non‐economic damages award of $250,000 is wholly speculative and the result of passion. It lacks any degree of certainty because we are several years past the incident and Mr. Davis has regained his right to bear a gun and he migh...

Excerpt: ...ng the PAGA claims is also somewhat vague as counsel does not define the PAGA period or number of employees employed during the period. Although Class Counsel indicates that Defendants are unlikely to be able to pay a greater amount, he does not describe Defendants' financial condition. The extent of discovery is also not clear since Counsel does not indicate the size of the sample used to calculate the potential recovery. Amount of the GSA appea...

Excerpt: ...e filed and served no later than April 10, 2020. The demurrers of all defendants are overruled as to the fourth, fifth, sixth, and seventh causes of action. If the plaintiffs amend and the defendants demur to that first amended complaint, any such demur shall omit: (1) any reference to the applications for a temporary restraining order or a preliminary injunction; (2) any reference to any document filed in support of or in opposition to either of...

Excerpt: ..., 149 Cal.App.4th at p. 180.) However, the plaintiff “may try to show it actually dismissed because it had substantially achieved its goals through a settlement or other means.” (Ibid. [citing Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107].) Plaintiffs contend their objective in the litigation was to have a vehicle that they could legally operate with proper registration. (P's Motion 7:14‐16.) They contend they achieved their litigati...

Excerpt: ...s: 1) to compel CDCR to follow CCR Title 15, Sections 3006, and 3130 through 3147 when processing Petitioner's incoming mail, and 2) either handover the 5 confiscated photos or reimburse him the cost for the photos. CDCR's demurrer is based on two grounds: 1) petition fails to identify a ministerial duty that respondent has refused to perform, citing Keyes v. Bowen (2010 189 Cal.App.4th 647, 656‐657, and 2) that Petitioner has an adequate remed...

Excerpt: ...artinez, Luis Robles, Justin Tamashiro and George Atilano alleged that they enrolled in Defendant California Baptist University's Aviation Flight program. Plaintiffs allege that the program is designed for students who want to become commercial airline pilots. The 2016‐2017 and 2017‐2018 catalogs indicates that students with no flight experience will receive six FAA credentials, and 200‐250 flight hours (2016‐2017) and 250‐300 flights h...

Excerpt: ...ce to determine whether sanctions are appropriate. The evidence demonstrates that attorney Hrouda previously represented Michael Gonzalez. According to the judicially noticed documents from Exhibit 1 of the motion, Mr. Hrouda, per the declaration of Mr. Gonzalez, abandoned his client, which caused unnecessary delay to the Gomez litigants. CCP section 128.5(a) states that “trial court may order a party, the party's attorney, or both, to pay the ...

Excerpt: ... two‐seat go kart driven by Rebeca Perez, a minor. The motion is based upon the grounds that FFP do not owe Geller a duty of care. There is triable issue of fact whether FFP increased the risks inherent in go karting. There is no duty to decrease or minimize the risks inherent in the activity. (Balthazor v. Little League Baseball (1998) 62 Cal.App.4th 47, 52.) Under California law, the primary assumption of risk doctrine clearly states that the...

Excerpt: ...ostro Medina, Mirna Rivas and Terry McQueen. Additionally, defendant moves for an order severing or staying this action as to the remaining 9 plaintiffs. Defendant's motion is made on the grounds that the long‐term rental agreements entered into by 28 plaintiffs (identified in the first two groups of residents set forth above) contain provisions Page 4 of 9 which require the parties to mediate and if unsuccessful to arbitrate all disputes relat...

Excerpt: ... the sale for 30 years at 4.00% interest with monthly payments of $3,193.66. He also agreed to complete a lot line adjustment to merge two lots comprising the property that the Mitchells were buying from Vaverka. The Mitchells contend after two years of making payments under the written purchase agreement, Vaverka failed to complete the lot line adjustment and unilaterally treated the purchase agreement as a rental agreement and served a 60‐day...

Excerpt: ...onal Law Corporation fraudulently induced Plaintiff to loan Defendants $200,000. The motion is based upon the grounds that San Diego County is the proper county for venue. Michael W. Quade is a resident of San Diego County. There is no dispute that this is a transitory action. For venue purposes, actions are classified as “local” or “transitory.” To determine whether an action is local or transitory, the court looks to the “main relief�...

Excerpt: ...ntiff's Additional Material Fact number 20. Angel Catering contends that they are not liable for negligence because Plaintiffs cannot establish it is more likely than not that their driver was responsible for the spill. They contend Inland Grace's trash is brought in and out of the same door where the food is delivered and the spill could have come from the trash. (PSS 6.) The parties agree Inland Grace's trash is brought out of the same door whe...

Excerpt: ...‐for causation, Plaintiffs have controverted that burden by showing that a genuine triable issue of one or more material facts exist. The Court grants Defendants' Request for Judicial Notice Exhs. 1‐2 to the extent these records exist as part of the court record or file, and should not accept as true matters which are considered inadmissible hearsay or that which are not indisputably true. The Court denies the request to take judicial notice ...

Excerpt: ...wish to burden the court.” Aside from the obvious impropriety of withholding all of the supposedly new evidence from the Court and opposing party so that it could be put forward in “a supplement prior to the hearing date,” and then including other portions only in the reply and not in the motion itself to eliminate the opposing party's ability to respond, the Court finds that: (1) the evidence was not “newly” discovered; (2) Yann was no...

Excerpt: ...on, M.D. (“Dr. Jackson”), State of California (erroneously sued as “State of California, Department of Health Care Services” and “California Department of Health and Human Services”) (the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, “Plaintiffs”) are the parents of the decedent child, Natalie Franchini (“Natalie”), who was bo...

Excerpt: ...uments are not limited just to investments or transactions related to the $100K Note but seek the entirety of Empire's financial records over several years. Plaintiff has provided no particularized need for needing the entirety of Defendant's financial records. Further, as to the requests for production of documents, Plaintiff has not shown that he has utilized or even considered less intrusive means to obtain the information. Finally, the specia...

Excerpt: ...��5; Duale v. MercedesBenz USA, LLC (2007) 148 Cal.App.4th 718, 729; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 1004, 1010.) While it is true that there is and was no dispute regarding the purchase price of the subject vehicle, several questions remained for the jury to resolve. As in Warren and Duale, whether any alleged defects represented nonconformity under the Act and if so, the extent they substantially impaired the use, value or...

Excerpt: ... both injured. Plaintiffs also allege there was a dangerous condition of property at the intersection because the stop sign was obstructed by a large tree. Plaintiffs filed their Complaint on 9/28/18, which was amended most recently on 9/13/19, and alleges four causes of action: 1) negligence; 2) negligence per se; 3) general negligence; and, 4) dangerous condition of public property. Defendant/Cross‐Complainant, Hammock, filed a Cross‐Compla...

Excerpt: ...ence of the Court. Shortly thereafter, Plaintiff and counsel for Defendant Enterprise Rent‐A‐Car appeared before the Court again. The hearing was continued to permit Plaintiff and counsel for Defendant to meet and confer. Apparently, the efforts to meet and confer, if any, were unsuccessful. The motion is DENIED. Plaintiff failed to meet his burden showing the costs claimed were unreasonable or unnecessary to the conduct of litigation. Defend...

Excerpt: ...rity on 2/7/20, which is discussed below. On 2/18/20, plaintiffs filed their sur‐ reply analyzing the authorities cited by Columbia at the hearing and in the three notices of new authority Columbia had filed after its opposition was filed. Generally, plaintiffs argue in their objection filed on 2/7/20, and in their sur‐reply filed on 2/20/20, that the authorities cited either are not new authority, the decisions are distinguishable on the fac...