Excerpt: ...pel arbitration of the plaintiff's individual PAGA claim is granted. The request to dismiss the plaintiff's non‐ individual claims for an alleged lack of standing is denied. However, the plaintiff's prosecution of those nonindividual claims is stayed pending the resolution of the arbitration. In the meantime, the trial setting conference is vacated and the matter is placed in inactive status. Analysis: Defendants' first RJN seeks judicial notic...

Excerpt: ...ng to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218–...

Excerpt: ...iates LP filed this complaint against Defendant Fitness International, LLC for: (1) rent and damages (Civil Code §1951.4) and (2) rescission based on fraud and failure of consideration (Civil Code §1689(b)(1)‐ (2)). On 8/11/21, Defendant filed a cross‐complaint against Plaintiff. After the court sustained demurrers as to the 1st through 5th causes of action, on 3/7/22, Defendant filed the Second Amended Cross‐ Complaint (SACC) for: (1) br...

Excerpt: ... cannot be held liable for the defective or dangerous condition of property which it did not own, possess, or control." (Preston v. Goldman (1986) 42 Cal.3d 108, 119.) Here, Page 5 of 7 the plaintiffs do not attempt to allege possession, and there is no sufficient allegation of either ownership or control. The allegations that the Weldon defendants are owners is contrary to the grant deed that shows that the Weldon defendants conveyed the propert...

Excerpt: ...is case) when forced into litigation with a third party as a result of the tortious conduct by the defendant (cross‐defendant in this case). (Mai v. HKT Cal, Inc. (2021) 66 Cal.App.5th 504, 512.) This doctrine was established by Prentice v. North Amer. Title Guaranty Corp., Alameda Div. (1963) 59 Cal.2d 618, in which the court held “[a] person who through the tort of another has been required to act in the protection of his interests by bring...

Excerpt: ... by all parties, plaintiff's counsel found that a term that plaintiff wanted to include was not set forth, voided the agreement and defendants refused to sign a revised agreement that included the term. Section 664.6 authorizes the court to enter judgment according to an agreement stated orally before the court, or in writing outside the presence of the court, for settlement of the case pursuant to the settlement agreement. A court has discretion...

Excerpt: ...ica, which was manufactured by FCA US LLC (“FCA”). Plaintiffs allege the subject vehicle was sold with express and implied warranties but had non‐conforming defects, which could not be repaired after FCA was given repeated opportunities. The defects included a faulty fuel pressure sensor and fuel leaks. Plaintiffs allege that FCA has been unable to repair the defects to conform to the express and implied warranties. Plaintiffs also allege t...

Excerpt: ...claration stating that the petitioner has contacted the deponent to inquire about the nonappearance. The motion is accompanied by the declaration of Attorney Jennifer Baskaron, who provides copies of the many correspondences between counsel regarding the depositions. (Baskaron Decl. ¶¶5‐12.) It is clear that counsel discussed these issues prior to the filing of the motion, so technically the meet and confer requirement has been met. However, ...

Excerpt: ...ure their supplemental declaration in the Page 6 of 7 same order as the CMO or provide a chart showing where all information required by the CMO can be located. Factual / Procedural Context: Petitioners George Padilla and Sharon Moreno, individually and on behalf of others similarly situated, bring this action to stop and remedy Respondent, Mission Springs Water District's (MSWD) ongoing illegal practice of overcharging customers for water servic...

Excerpt: ...tes a cause of action. Defendant argues that judicially noticeable facts show that the conditions precedent to the closing of escrow did not occur. Plaintiff responds that the agreements and addendums make it clear that the condition to expunge the lis pendens was seller's obligation, which would have allowed buyer to terminate if it chose to do so. The condition about pending litigation is for plaintiff's benefit and it may waive it. Further, th...

Excerpt: ...ion. That declaration shall describe the information contained in the defendant's financial records that cause the plaintiff to believe that the defendant cannot afford a greater sum. The latter description shall be in sufficient detail to allow the Court to make an independent evaluation of the defendant's ability to fund a larger settlement. All revised, amended, or supplemental documents shall be filed and served no later than September 22, 20...

Excerpt: ...nt as a matter of law.” (Kahn v. Eas bt Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once this burden has been met, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable is...

Excerpt: ...amended and recently, on 7/29/22, the demurrer was sustained allowing 20 days leave to amend the First Amended Complaint. The present motion is a motion to compel plaintiff's further deposition and is brought by Bogh Engineering, Mark Bogh, Jon Robinson, and Arch Insurance (collectively, “defendants”). Defendants argue that at plaintiff's deposition he refused to answer questions about a chronology he prepared regarding the events that occurr...

Excerpt: ...demonstrating that their care and treatment of Plaintiff was within the standard of care and did not cause Plaintiff injury. The opinions by Dr. Morgan that Plaintiff was not sexually assaulted, and his opinions regarding what the premise of the CDPH report was, are objectionable and improper. Whether the actions and touching by Ryan and Jesus amount to sexual assault are factual issues within the province of the fact finder. Any opinion regardin...

Excerpt: ...ers that at least 10 days prior to the next hearing, the parties either (1) submit a joint declaration identifying that the issues that still remain, and (2) provide further evidence as to the timing of the inspection, close of escrow and alleged breaches by each party. Factual / Procedural Context: This is a breach of contract/specific performance case for the purchase of real property. Plaintiff Martina Sierra alleges she and Defendant Curtis S...

Excerpt: ...void because Thomas cannot fulfill the contract. California follows the “American Rule” regarding entitlement to attorney's fees, whereby each party bears its own attorney's fees unless such fees are expressly provided for by statute, or are included as part of the terms of a contract. Cal. Civ. Proc. Code § 1021; Reynolds Metal Co. vs. Alperson (1979) 25 Cal. 3d 124, 127. Attorney's fees as an allowable cost item are governed by California ...

Excerpt: ... Defendant was personally served at her home on December 12, 2020. Defendant failed to timely respond, and default was entered on January 27, 2021. Default judgment was entered on August 4, 2021. Defendant, in pro per, now moves to set aside the default judgment. Plaintiff opposes. Analysis: While there are a number of procedural issues with Defendant's motion, including service issues, the Court finds that Plaintiff is deemed to have waived any ...

Excerpt: ...at it seeks to tax the costs claimed by the district in that memorandum. Analysis: Procedural Background This motion was initially heard on 6‐24‐22. Prior to that hearing, the Court tentatively ruled as follows: “The plaintiff's motion is denied to the extent that it seeks an order striking the district's cost memorandum. “The plaintiff's motion is granted in part to the extent that it seeks to tax costs. Specifically, the district's cost...

Excerpt: ... After the district demurred, the plaintiff filed a first amended petition and complaint on 5‐15‐19. The district again demurred (6‐17‐19). The demurrer was sustained in part. (9‐25‐19.) The district answered the FAP/C on 10‐10‐19. Shortly thereafter, the district petitioned the Court of Appeal for a writ of mandate, seeking a writ directing the trial court to sustain the demurrer to all of Roberts's claims. (11‐4‐19.) The Cou...

Excerpt: ...ort Plaintiff's arrest, Plaintiff's claims fail. Before Plaintiff's arrest, there were several incidents involving Plaintiff and Christopher where the police were called. (Exhibits 1‐5 and 7 to the Declaration of Bilal A. Essayli.) Drootin was aware of prior incidents before he arrested Plaintiff. (Drootin's Deposition, 106:21‐25; 107:1‐7) The extent of his knowledge of these incidents is unclear. (Drootin's Deposition, 107:8‐17.) Based o...

Excerpt: ...d at 6639 Wells Springs Street located in Defendant City of Eastvale (“City”). The residence is owned by Defendants Frank and Janet Seo (“Seos”). Plaintiff allegedly sustained serious injuries as a result of the fall. On 12/18/20, Plaintiff served a government tort claim on the City pursuant to the Government Claims Act, the address of the property was stated as 6627 Well Spring St., Eastvale. The City investigated and rejected Plaintiff'...

Excerpt: ...was previously continued on June 29, 2022 to allow Defendant an opportunity to satisfy its statutory obligation to meet and confer in accordance with CCP §§ 430.41(a). The parties subsequently discussed the pending demurrer, and defense counsel filed a supplemental declaration. The declaration does not fully comply with the court's June 29, 2022 order and defense counsel notably does not indicate that the parties spoke on the telephone or in pe...

Excerpt: ...omplaint Filed April 12, 2022 Defendant demurs on the grounds that the complaint fails to state a cause of action on the grounds that notice was provided by substitute service, expiration of the lease is not a sufficient ground for the action, waiver of “nonexistent rent” is insufficient relocation assistance, and the complaint is uncertain. In opposition, Defendant asserts that the lease expiration is not the only basis for the eviction beca...

Excerpt: ...truction defects in their homes. That dispute was ordered to arbitration. After the initiation of the Bressler action, the Schneiders sold their house to the Browns and assigned their rights under their purchase and sale agreement (PSA) with Meritage to the Browns. Thereafter, Meritage filed a separate action against the Schneiders and the Browns by which Meritage seeks declarations: that the Schneiders' assignment to the Browns of their rights t...

Excerpt: .../18, Plaintiff was operating her boat on Lake Havasu, California. Plaintiff alleges that a boat driven by Defendant approached her boat at an extremely high rate of speed causing water to spray into Plaintiff's boat. Plaintiff alleges that she suffered serious eye injuries as a result. Plaintiff filed her Complaint for Personal Injuries and Property Damage on 11/23/20 and the operative First Amended Complaint (FAC) on 5/2/22. Plaintiff asserts tw...