Excerpt: ...�Heacock”) for three years. Law Offices of David Akintimoye, Inc. dissolved before the first lease expired. After this lease expired, Plaintiff renewed the lease four more times. The First Amended Complaint (FAC) asserts the following causes of action: (1) forcible entry under C.C.P. § 1159, (2) forcible detainer, (3) constructive eviction, (4) trespass, (5) premises liability, and (6) negligence. Heacock demurs to all causes of action on the ...

Excerpt: ... to the facts being alleged by Plaintiff is California Government Code § 835 which provides for liability against governmental entities for injuries caused by dangerous conditions of its property in the event the requisite elements are satisfied. In essence, said code section “is the principal provision addressing the circumstances under which a governmental entity may be held liable for maintaining a dangerous condition of public property.”...

Excerpt: ...)(e) attacks the complaint for failing to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) A special demurrer, other than subsections (a) & (e) of section 430.10, on the other hand, attacks the complaint on other grounds, such as uncertainty, misjoinder, lack of legal capacity or failure to identify the contract as oral, written, or im...

Excerpt: ...‐28‐22), the California Department of Fish and Wildlife (on 8‐4‐22), Mitsubishi Cement Corporation (on 8‐4‐22), the Silver Lakes Association (on 8‐5‐22), and the CalPortland Company (on 9‐6‐22). In addition, the Watermaster filed a reply to the DF&W's response (on 8‐5‐22). After considering the arguments raised in those responses, the Court rules as follows: The free production allowance for all producers in the Alto Subar...

Excerpt: ...greement”) with Defendant Bedazzling Beaumont, LLC (“Bedazzling”) and its owner, Reid Bradley (“Bradley”) (collectively “Defendants”), whereby Plaintiff agreed to purchase, and Bedazzling agreed to sell a fitness facility called Anytime Fitness (“Anytime” or “Gym”). Plaintiff alleges Defendants knew that Planet Fitness, a national chain that operates thousands of gyms, intended to open a Planet Fitness across the street from...

Excerpt: ...y and completely without merit or for the sole purpose of harassing an opposing party.” C.C.P. § 128.5(b)(2). “Whether an action is frivolous is governed by an objective standard: any reasonable attorney would agree it is totally and completely without merit. [Citation.] There must also be a Page 11 of 12 showing of an improper purpose, i.e., subjective bad faith on the part of the attorney or party to be sanctioned.” Levy v. Blum (2001) 9...

Excerpt: ...nied by an exclusion form that the class member may use. The order shall provide that any exclusion form shall be submitted to the settlement administrator rather than filed with the court. The order shall not require the class member to send copies of the exclusion form to counsel, but may require the settlement administrator to do so. The order shall provide that the settlement administrator shall file a declaration concurrently with the filing...

Excerpt: ...s of action, Defendant argues that they fail because Allied was not properly licensed during the performance of the jobs, and therefore, Allied and Pacific Coast's claims to recover any funds are precluded by Bus. & Prof. Code § 7031. With respect to the third (intentional interference with contractual relations) and fourth (intentional interference with prospective economic advantage) causes of action, Defendant argues that they are barred by t...

Excerpt: ..., Inc. against Defendant Lozano is dismissed in its entirety. Moving party to provide notice pursuant to CCP 1019.5. On 4/14/21, Plaintiff Karol Counce filed the instant personal injury action against Defendants Circle K Stores, Inc. and Lozano Plumbing Services, Inc. for injuries incurred on 2/3/20. Plaintiff alleges that while using a toilet at Circle K, the toilet was not sealed or bolted to the ground, shifted and toppled to one side causing ...

Excerpt: ...serts that due to a malfunctioning wooden entrance door, a glass wall near his office door broke. Heacock allegedly failed to replace this glass in a timely manner. Heacock also improperly entered Plaintiff's office space and stored large boxes inside its office without its permission. This allegedly prevented Plaintiff from using its office for its intended purpose. As such, Plaintiff contends that its lease was constructively terminated. Plaint...

Excerpt: ...t Court for the Central District of California. • Plaintiff's Complaint in the federal action Hite v. Equity Lifestyle Properties, et al., U.S. District Court for the Central District of California. • Petitioner, Arciero Wine Group, LLC's Petition for Writ of Mandate or Other Appropriate Relief; Memorandum of Points and Authorities in the matter of Arciero Wine Group, LLC v. Superior Court of the State of California for the County of San Luis...

Excerpt: ...nt (FAC) alleges causes of action for (1) breach of contract; (2) money had and received; (3) successor liability; (4) unjust enrichment and (5) breach of implied covenant of good faith and fair dealing. Plaintiff alleges that it and Defendant Magnolia Rehabilitation and Nursing Center (Magnolia SNF) entered into an agreement for Plaintiff would provide pharmaceutical goods in exchange for payment by Magnolia SNF. (FAC ¶ 15.) The FAC alleges Pla...

Excerpt: ...irements. These documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4t...

Excerpt: ...sham pleading doctrine, a plaintiff cannot avoid allegations that are determinative to a cause of action simply by filing an amended complaint which omits the problematic facts or pleads facts inconsistent with those alleged in the original complaint. The doctrine precludes a plaintiff from amending a complaint to omit harmful allegations without explanation, from previous complaints to avoid attacks raised in demurrers.” (Tindell v. Murphy (20...

Excerpt: ...in 20 days of service of notice. Prevailing party to provide notice pursuant to CCP 1019.5. Plaintiff Stephen Valbuena alleges that he owns a home located within the Toscana Country Club community which is overseen by defendant Toscana Homeowners' Association (“HOA”); defendant William Overton (“Overton”) is the executive director of the HOA. (First Amended Complaint, ¶¶ 11‐13.) Plaintiff alleges that he had a verbal altercation with ...

Excerpt: ... of Christopher Bowen. Defendant further asserts almost the entirety of the requests are Page 8 of 9 procedurally improper, vague/confusing/unintelligible and/or ask for explanations of prior discovery responses or pleadings. Defendant contends Plaintiff's separate statement is procedurally improper and requests sanctions in the amount of $4,680 for having to oppose this Motion. The Reply reasserts many of the same arguments made in the moving pa...

Excerpt: ...at during the Covid‐19 Pandemic, Governor Newsom executed executive orders that protected her 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 ...

Excerpt: ...disclosed on the face of the pleading or by matters that can be judicially noticed. (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in the complaint are deemed admitted and the complaint is given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal.App.4th 194, 198.) A motion for judgment on the pleadings by a defendant may be made on the grounds either that the ...

Excerpt: ...y Hills Plaza, LLC (“Cherry Hills”). Plaintiffs contend that on 6/24/20, they attempted to exercise their right to inspect the books and records of Cherry Hills as set forth in the Operative Operating Agreement and Corporations Code §§ 17704.10 and 17701.13. Cherry Hills' manager, Stephen M. Tapley (“Tapley”) (who is also a shareholder), has allegedly failed to comply with this request. Tapley has also called a special meeting to vote o...

Excerpt: ...he was subjected to years of rape and molestation by her stepfather, Defendant Richard Fitzgerald (“Fitzgerald”). She alleges that she reported the abuse to bishops from Defendant The Church of Jesus Christ of Latter‐Day Saints (the “Church”) as a teenager, but the Church did not report the abuse nor take action against Fitzgerald. She alleges that she suffered genital mutilation from the abuse. (Trepanier Decl. ¶ 12, Ex. D.) She also ...

Excerpt: ...s recorded on the subject property. It contends the complaint does not state a real property claim as the property was never owned, ceased or possessed by plaintiff. The trust further asserts that plaintiff cannot demonstrate the probable validity of his claims. The trust requests that should the Court find plaintiff can meet his burden of showing probable validity, the is pendens be expunged upon it posting an undertaking of $5,000. In the alter...

Excerpt: ...tion of the plaintiff,” provided the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive. Such a demand may be made without leave of court once the defendant has been served or has appeared in the action. “In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, provided the examination does not include an...

Excerpt: ...) 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 negate an element, the defendant must establish that plaintiff's claims fails as a matter of law. (Eriksson v. Nunnick (2011) 191 Cal.App.4th 826, 849 (applying rule to issues of duty).) To demonstr...

Excerpt: ...anic's lien because it properly provided preliminary notice to defendant University Campus Hotel Fund, the owner of the property, within 90 days of commencing work on the project, timely recorded its mechanic's lien, and filed the present action for foreclose on the mechanic's lien within 90 days of completing the work. Defendant's opposition argues the mechanic's lien was not timely recorded since it should have been recorded in October 2020 150...

Excerpt: ...ade between Defendant and Plaintiff's predecessor in interest (G Force LLC aka G Force Worldwide, LLC). The lease terminated on its own terms on 12/14/21 and Plaintiff has made it clear to Defendant that the lease would not renew and Defendant would need to vacate the premises. Defendant refused to leave and Plaintiff was forced to bring this unlawful detainer matter. The matter went to trial and resulted in a judgment in Plaintiff's favor. Plain...