Excerpt: ...) a dangerous condition of public property; (2) a proximate causal connection between the condition and the injury sustained; (3) a reasonably foreseeable risk that the kind of injury that occurred would result from the dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action. (Gov. Code �...

Excerpt: ...on and atrial fibrillation. Doctors prescribed Xarelto on a daily basis to treat her atrial fibrillation and prevent future strokes. Decedent received home health care services by Defendant Equanimity Hospice & Palliative Care, where lead care was designated to Defendant David Fukada, M.D. Decedent had run out of Xarelto, but Defendants had failed to deliver it and decedent ultimately suffered a massive stroke, and ultimately died. Plaintiff file...

Excerpt: ...eging 31 instances of inappropriate and disruptive behavior toward patients and staff starting 2014. (Id., ¶¶ 27 89.) The MEC sent Petitioner written notice of the action and his right to request a hearing. Petitioner requested a hearing by a Hearing Officer and the Judicial Review Committee (“JRC”) pursuant to the Hospital Bylaws, which hearing was conducted during April 2021. (Id., ¶¶ 5, 6.) On July 1, 2021, the JRC issued its decision ...

Excerpt: ... 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 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...

Excerpt: ...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 admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713). If the complaint fails to state a cause of action, the court must ...

Excerpt: ...p, and eventually struck plaintiff's vehicle head on. A motion to strike is the proper vehicle to attack a claim for punitive damages. Cal. Civ. Proc. Code §§ 435‐436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63. A plaintiff may recover exemplary or punitive damages where it is proven that “the defendant has been guilty of oppression, fraud or malice.” Cal. Civ. Code § 3294(a). “Not only must there be ...

Excerpt: ...sts judicial notice of a trial court ruling from Sacramento. The court will deny judicial notice. First, it is not an order—it is a tentative ruling that there are no indications that it was adopted. Second, even if it was adopted, trial court rulings have no precedential value. (Bolanos v. Superior Court (2008) 169 Cal.App.4th 744, 761.) Merits A defendant's motion for judgment on the pleadings may be made on the grounds that the court lacks j...

Excerpt: ...murrer and Plaintiff filed the Second Amended Complaint (SAC) on 8/21/20. The court again sustained Defendant's demurrer and Plaintiff filed the Third Amended Complaint (TAC) on 12/9/20. The TAC asserts: (1) wrongful termination in violation of Labor Code §1102.5; (2) breach of implied contract of continued employment; (3) breach of implied covenant of good faith and fair dealing; and (4) defamation. On 9/9/21, the court sustained the demurrer t...

Excerpt: ...nd: Plaintiff was the owner of 25820 Jumano Drive, Moreno Valley, CA 92551 (“Property 1”) and 14831 Casa Loma Drive, Moreno Valley, CA 92553 (“Property 2”). (FAC ¶¶ 7, 11, & 12.) Plaintiff alleges that Defendant, the escrow company, mistakenly used the proceeds of the sale of Property 1 to pay off the Property 2 loan, rather than Property 1 loan as the escrow instructions required. (Id. at ¶¶ 10–11.) Plaintiff alleges that she was m...

Excerpt: ...ds for failure to comply with Rules of Court, rule 3.1350(b). Evidentiary Objections: The objections of Hemet Valley Tool are overruled as Objections 1 to 4, and 6 to 10 and sustained as to Objection 5. Factual and procedural background: Plaintiff rented a ladder from Defendant Hemet Valley Tool, Inc. (“Hemet”). The ladder was manufactured and/or distributed by Defendants Werner Co. (“Werner”) and Green Bull (“Green Bull”). On 10/8/17...

Excerpt: ...ones v. Jacobson (2011) 195 Cal.App.4th 1, 17‐18 [arbitration agreement may be enforced by nonsignatories when the nonsignatory is a third‐party beneficiary of the agreement, and when a preexisting agency relationship makes it fair to allow the nonsignatory to impose the duty to arbitrate].) In their moving papers, Honda argues that it is entitled to enforce the arbitration provision under the RISC on the grounds of equitable estoppel, and as...

Excerpt: ...ses to RFPs Nos. 81, 83, 94 and 96 35: Whether Plaintiffs are entitled to relief under the Song‐Beverly Act is entirely unrelated to requests for buyback or replacement of other vehicles. Moreover, this request is not limited to Honda Pilot. It is unclear how “all documents” evidencing or describing statistics for the number of service contracts Honda has given consumers in response to requests for a buyback or replacement of vehicles other...

Excerpt: ... a meet and confer declaration under CCP § 2016.040 be submitted with the motion. The declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) Kimberly Tso Special Interrogatories (140,141 and 162) Defendant has provided substantive responses that he does not have the contact information for Kimberly Tso (140), he has had no contact with Kimber...

Excerpt: ...ty ordered to give notice pursuant to CCP §1019.5. Defendant Circle K Stores, Inc. moves the court to compel Plaintiff to provide further supplemental responses to Special Interrogatory No. 61. Defendant asserts that Plaintiff is seeking to recover tens of millions of dollars because she allegedly fell off an unsafe toilet inside a Circle K store and suffered a catastrophic head and brain injury on February 3, 2020. She alleges that her injuries...

Excerpt: ... claim,” any party to the action may record a lis pendens. ([Cod. Civ. Proc. (CCP),] § 405.20.) A ‘court shall order' expungement of a lis pendens if the pleading on which the lis pendens is based does not state a real property claim, if the claimant fails to establish the probable validity of the claim on which the lis pendens is based, or if the giving of an undertaking would secure adequate relief to the claimant. ([CCP,] §§ 405.31, 405...

Excerpt: ...guez, 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 is owned and/or managed by Defendants Group V. San Bernardino and Pama Management, Inc. (“Defendants”), as well as Co‐Defendant Pro Management Company, Inc. dba Pro Management Company XIV, Inc. Plaintiffs allege that the Property is mainta...

Excerpt: ...ff submit a declaration and evidence verifying the amount of attorney fees and costs; the Defendant shall be permitted to provide a written response. The Court orders the parties to appear to discuss a future date. Facts/Procedure On 11/02/21, the Court issued a written ruling on Plaintiff's motion for summary adjudication as to Plaintiff Espinoza against Defendant Leslie Frias. The Court ruled in favor of Plaintiff on Plaintiff's first cause of ...

Excerpt: ... existence of recorded documents and their legal effect and the request for notice is granted. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) Factual and procedural background: Plaintiffs Winjet Trading Inc. (“Winjet”) and America Plastics Trading, Inc. (“APT”) (together, “Plaintiffs”) filed the complaint in thi...

Excerpt: ...power to set aside a judgment or order that is void as a matter of law under CCP § 473(d). A judgment or order may be void as a matter of law for lack of or improper service of the summons. (Ellard v. Conway (2001) 94 Cal.App.4th 540, 544.) There is no time limit on a collateral attack on a void judgment or order. (Rochin v. Pat Johnson Mfg. Co. (1998) 67 Cal.App.4th 1228, 1239.) When a defendant challenges the court's personal jurisdiction on t...

Excerpt: ...” Bankes v. Lucas (1992) 9 Cal.App.4th 365, 368, superseded by statute on other grounds in Lee v. Wells Fargo Bank (2001) 88 Cal. App. 4th 1187. Defendants argue that they are entitled to costs associated with the non‐FEHA claims, specifically, plaintiff's claim for retaliation under California Labor Code section 98.6. The exception to the mandatory award of costs under California Government Code section 12965(b) “implements a clear legisla...

Excerpt: ...er 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 with respect to consolidation is exce...

Excerpt: ...031.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clement v. Alegra (2009) 1...

Excerpt: ...nd, third and fourth causes of action. It fails to specify, by reference to exhibit, title page and line numbers, each material fact in support of the motion. Cal. R. of Ct., Rule 3.1350(d)(3). Instead, it leaves it to the Court to try to find supporting evidence. “Overly general references to supporting evidence, of course, may place an undue burden on busy trial courts . . . and need not be tolerated.” Parkview Villas Assn., Inc. v. State F...

Excerpt: ... framework for the regulation of a nonjudicial foreclosure sale pursuant to a power of sale contained in a deed of trust.'” (Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 101.) “The statutory scheme has three purposes: ‘ “(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that...

Excerpt: ...duct. LLR contends that Providence lacks standing to prosecute this action because its assets, including its interest in this litigation, were foreclosed upon by its lender, East West Bank, which then sold the assets to Cresden, LLC. The court finds that Providence has standing and that this action can go forward under the Providence name pursuant to CCP § 368.5. A motion for summary adjudication shall be granted only if it completely disposes o...