Excerpt: ...ng that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP S 1281.2.) A proceeding 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/moton to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be at...

Excerpt: ...dispute that Plaintiff filed for Chapter 7 bankruptcy on 11/13/15 at which time all of his property, including his pre-pettion claims against Defendants, became property of the bankruptcy estate. (Defendants' RJN, Ex. "1".) Defendants assert that Plaintiff's bankruptcy schedules admit: that the DOT was fully owned by Natonstar and secured against the property; and that Plaintiff did not have any "contingent and unliquidated claims of [any] nature...

Excerpt: ...a, California and on August 24, 2023, Defendants "failed to comply with the terms and conditions of the written inspection agreement," and he was damaged. In their demurrer, Defendants argue there was a misjoinder of parties because Juan and Alex are not parties to the contract, and therefore not proper parties to the action. Defendants also argue Plaintiff fails to sufficiently state his claim for breach of contract because he does not allege: (...

Excerpt: ...sts for Production ("RFPs"). Plaintiff timely opposed all three motions but failed to request oral argument after the court posted fts tentative ruling. On November 17, 2023, the court adopted its tentative ruling and granted all three motions and imposed sanctions against Plaintiff in the total amount of $4,205. Plaintiff now moves to set aside the order granting the motions to compel and imposing sanctions. Plaintiff argues that she is entitled...

Excerpt: ...valuatng a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) If judicially noticeable records disclose ...

Excerpt: ...e 22, 2022, Plaintiff MICHAEL NOLL was seen and evaluated by Defendant RUSSELL HISSCOCK, D.O., and/or DOES 1 through 33, at Eisenhower Medical Center's Primary Care Facility at the Brimble and Johns Health Center. MICHAEL NOLL suffered from Parkinson's disease, but fortunately his condition was slowprogressing, and he enjoyed an active, healthy, and full life with his spouse, ROLAND LEWIS. For some time, MICHAEL NOLL had been taking the prescript...

Excerpt: ...ly identified deficiencies in the pleading, as explained below. The Court declines to award sanctions on fts own motion, but this does not preclude Defendants from filing a separate motion under Section 128.7, after complying with all safe harbor and other requirements of that section, if appropriate. Defendants again demurrerto the first cause of action for breach of written contract, the second cause of action for breach of oral contract, and t...

Excerpt: ...arly morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to, ingress to and egress from, the distribution center, which has led to violence and threats of violence. (Complaint, '1 1.) The allegedly unlawful conducts include using human blockades consisting of 20-40 union picketers and traffic cones to blocking the only availab...

Excerpt: ...off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (TAC 6-8.) Plaintiff alleges during the many conversations that Plaintiff had with Defendant Bagwell, Plaintiff was told by defendant Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff can cancel the current insurance she had with GEICO Insurance Company....

Excerpt: ...s the motion to strike punitive damages. The Court deems the motion to strike moot as to treble damages and attorney fees in light of the ruling to sustain the fifth cause of action with leave to amend. The Court recognizes that the parties also have a Case Management Conference set for today. As the pleadings are not at issue, the Court shall on its own motion contnue the CMC to April 18, 2024 at 8:30am in Dept. 3. All parties are ordered to fil...

Excerpt: ...in amount of $1,700.00 are due within 30 days of this order. This case arises from Plaintiff's allegation that, on or about July 30, 2018, he was bitten by bed bugs while staying at a hotel that Defendants owned or controlled. On July 29, 2020, Plaintiff filed a lawsuit against Defendants for battery, negligence, intentional infliction of emotional distress, fraud, and public nuisance. On May 10, 2021, Plaintiff filed a First Amended Complaint fo...

Excerpt: ...laint, filed 6/28/23, asserts: (1) motor vehicle negligence; (2) general negligence; (3) respondeat superior; and (4) negligent hiring/retention. Defendants uber, Raiser and Raiser-CA move to compel arbitration pursuant to the Terms of Use, which contains an arbitration agreement. They point out that ADR Services is the designated arbitrator and has exclusive authority to determine the threshold questions of arbitration. They point out that the a...

Excerpt: ...HOOL DISTRICT AND LINDA PEREZ TO COMPEL PLAINTIFF SETH HAMMERSTEADT TO SUBMIT TO DEPOSITION Tentative Ruling: The Court grants Defendant District's Motions to Compel the three depositions at issue. The Court orders that the depositions take place within 30 days, or at a date stipulated to by counsel. If further disputes arise from the taking of any of these depositions, the Court invites the parties to participate in an Informal Discovery Confere...

Excerpt: ...ns at the time the notice was written and assumed Likun as an employee, when she was not an employee. (Cross-Compl. 9, 87—88.) Therefore, together with the other allegations, Cross-Defendants do not meet their burden in showng that the Cross-complaint fails to state sufficient facts for the RICO cause of action. Second Cause of Action: Concealment: The Cross-complaint sufficiently alleges that CrossDefendants never disclosed the status of their...

Excerpt: ...eral." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971—972.) Given the policy favoring arbitration, "doubts concerning the scope of arbitrable issues are to be resolved in favor of arbitration." (Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 323; see also Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) Section 1281.2 of the California Arbitration Act requires the trial cour...

Excerpt: ...11, 12, 13, 15, 16, 17, 18, 19, 20, 21. Overruled as to Nos. 1, 2, 3, 4, 5, 8, 9, 14. Factual and procedural background: On 3/2/22, Plaintiff filed the Complaint in this action against Defendant GM, asserting the causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song8everly Act, and (3) fraudulent inducement - concealment, relating to his 2017 Chevrolet Silv...

Excerpt: ...zjon are intertwined with the other plaintiffs. This case involved the following causes of action: (1) a claim for battery, (2) a claim for violation of the California Civil Code Section 52.1 [Bane Act]" and First and Fourth Amendment rights and (3) a claim for negligence brought by the Plaintiffs, Tyesha Calhoun and Taletha Calhoun, and a claim for assault instead of battery brought by Tyzjon Calhoun. These actions were brought against Defendant...

Excerpt: ...ng this lawsuit, leading Plaintiff to dismiss her claims against him, and consequently, there is no cause of action against Perpetrator. The Complaint alleges that Plaintiff was sexually assaulted and battered by Gonzales from 1977 to 1981. Plaintiff alleges that her initial contact with Gonzales and his family stemmed from her father and Gonzales attending the sheriff academy together. (Complaint 15.) The Complaint alleges that during the period...

Excerpt: ...esponses is granted in part. Hacienda is ordered to produce a PMK for topics 2, 4 and 5. The contact information of the percipient witnesses is relevant and not protected by the right to privacy. The medical information of 3rd parties must be redacted. Hacienda is ordered to provide further responses to RFP Nos. 2, 11, 12 and 17 since it is unclear whether all responsive documents have been produced. For the protection of the privacy rights of Ha...

Excerpt: ...ng injuries. Plaintiff is also suing the store manager (DOE 1) alleging he is responsible for maintenance of the store at the time of the incident including ensuring a policy was in place, and that employees were properly trained and tasked with maintenance. Plaintiff filed his Complaint on 9/25/23 alleging two causes of action for general negligence and premises liability. *** Defendant, Costco, brings this moton to disqualify Plaintiff's counse...

Excerpt: ...ng-Beverly Act in Rodriguez. Briefly stated, the Fourth District, Division Two held that as a matter of law, used vehicles are not subject to the Song Beverly Act. The Supreme Court granted review, but still allowed Rodriguez to be cited as persuasive authority. In opposition, Plaintiff asserted that the motion must be denied as disputed material facts exist, which controvert GM's contention that Plaintiff bought a used vehicle for which GM did n...

Excerpt: ...oughing. ('1 46.) Myers' symptoms were no more than three (3) days old when he went to Defendants Eisenhower Medical Center ("EMC") on February 19, 2021. (q 47.) Myers' physicians, Defendants George Ishak, M.D. ("Dr. Ishak"), Saniya Malik, M.D. ("Dr. Mallik") and Daniel Sheffield, D.O. (Dr. Sheffield") (collectively "Physician Defendants") administered Remdesivir without disclosure of (a) the risks of planned treatment, (b) that Myers may have a ...

Excerpt: ...en Internat„ Inc. (2017) 14 Cal.App.5th 155, 170 to 180.) Plaintiffs claim that there is nothing to show that the 5/25/18 assignment of the DOT is derivative of the 7/25/04 assignment, but the Third Amended Complaint (TAC) expressly states that the 7/25/04 transfer is part of the transaction. (Complaint, Paras. 39, 44.) Next, Plaintiffs argue that the statute of repose does not apply to this action, because it applies to creditor claims, and Pl...

Excerpt: ...e secton 41600 et seq. and that officers where compared to one another based on the average number of citations. Plaintiff alleges that the Department retaliated against those officers refusing to participate in and/or reported the unlawful citation and arrest quota. Plaintiff alleges he reported the illegality of the citaton quota system to his superiors and suffered numerous, negative job consequences as a result. Plaintiff filed his Complaint ...

Excerpt: ...lippery substance on the floor, sustaining serious injuries. (Compl. 17, 18, 25, 25.) At all relevant times, the Vons store was owned, operated, controlled, supervised, and maintained by Defendants Vons Grocery Companies, Inc. dba Vons Grocery Company ("Vons" or "Defendant"), Albertsons Companies, Inc. and Stuart Blake (collectively, "Defendants"). (ld. at 17, 25.) On 4/20/2023, Plaintiffs Katherine Muniz and Armando E. Muniz filed a Complaint ag...

Excerpt: ...ded at ABS, they must go through the "onboarding process," which refers to the overall process of a new employee Page 4 of 9 reviewing and completing new hire documents. (Murray Decl. '1 2.) At the time Plaintiff was hired, ABS allegedly had in place a three-page mutual arbitration agreement (the "MAA") that ABS provided to its employees during the onboarding process. (ld. at 4, Ex. A.) The first page of the MAA covers the "applicable law" govern...

Excerpt: ...ew emergency room via ambulance with complaints of chest pain which came on suddenly two hours prior to arrival. After the initial evaluation by Dr. William Fleming and radiologist Dr. Tuan Nguyen, she was admitted by Dr. Anoop Maheshwari to Parkview's Telemetry unit with diagnoses of chest pain, unspecified, essential (primary) hypertension, diabetes mellitus due to underlying condition with hyperglycemia. After further monitoring, she was disch...

Excerpt: ...ion is granted, but responses are limited to documents from 2020, 2021, and 2022. All further responses are ordered to be served within 30 days of service of notice. (CCP S 2031.310). Plaintiff has made a factspecific showing of relevance as to these Demands, with the limitations noted above, and Defendant EMC has not justified its objections. The Court notes that with respect to objections based on the fact that requests are unduly burdensome, E...

Excerpt: ...or before 30 days before trial, and discovery motions to be heard 15 days before trial. A contnuance or postponement of trial does not reopen discovery proceedings. (CCP 52024.020(b). ) Parties may stipulate to extend the time. (CCP 52024.050.) The initial trial date of 11/17/23 governs the discovery cut-off date. Plaintiff contends this is not a discovery motion. The court disagrees. This is a motion to de- designate under the protective order�...

Excerpt: ...t. Judgment was entered on or about September 26, 2023. Defendant filed its Memorandum of Costs on November 9, 2023 and thereafter Plaintiffs filed the instant motion to tax. Page 20 of 23 Plaintiffs assert that the expert fees requested by the defendant in Item 8 (and attachment 8b5) are allowed only with the Court's discretion and should not be allowed under the circumstances of this case; and the subpoena charges for service of process claimed...

Excerpt: ... compel further responses to special interrogatory nos. 30. The Court orders responses to be made, without objection, in 15 days. Page 7 of 9 The Court awards sanctons to Plaintiff and against Defendant, but not counsel, in the amount of $1,200, for each motion. Factual / Procedural Context: This is a personal injury achon arising out of a motor vehicle accident that occurred on January 13, 2022. Plaintiff Jonathon Lee Byrd alleges that he was a ...

Excerpt: ...he anti-SLAPP motion ($42,565.00) and the present fee motion ($11,787.50). The lodestar, as presented in the moving papers, is broken down as follows: Attorney Hours Hourly Rate Total Courtney L. Hylton 20.6 $750$15,450.00 Anna S. Huffman 119.7$325 $38,902.50 $54,352.50 The court found that the supporting declarations filed with the moving papers lacked any significant detail and were insuffcient to support the requested fee. In addition, while t...

Excerpt: ...lations because Plaintiff was not a "borrower" as defined by the statute, and therefore he lacks standing to bring an action for HBOR violations. Factual and procedural background: Decedent Christopher Ryan Delong ("Decedent") was the owner of a residential real property in Canyon Lakes, California ("Subject Property") per grant deed recorded on 11/8/05. On 1/20/06, Decedent obtained a loan secured by a Deed of Trust ("DOT") against the Subject P...

Excerpt: ...aud and deceit, with 30 days leave to amend. The Court sustains the demurrer to the 2nd cause of acton for breach of the implied covenant of good faith and fair dealing, without leave to amend. The motion to strike punitive damages is denied as moot in light of the Court granting Plaintiff leave to amend the 1st cause of action. The Court grants the motion to strike paragraph 47 of the Complaint, without leave to amend. Factual / Procedural Conte...

Excerpt: ...uthorized repair facility, defendant Ford of upland ("Upland"), was unable to repair within a reasonable number of attempts, and Ford refused to repurchase or replace the vehicle. Plaintiff filed the Complaint on June 27, 2023, and the operative First Amended Complaint ("FAC") alleging four causes of action for breach of express and implied warranty under the Song Beverly Act against Ford, a fifth cause of action for fraudulent inducement — con...

Excerpt: ...s 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. Defendants brought a motion for summary judgment arguing Plaintiff's claims were barred by the applicable statute oflimitations. Opposition to the motion was due on 10/24/23. On 11/1/23, Plaintiff filed an ex parte request to continue the hearing so she could conduct further discovery. The ex parte request was denied. Plaint...

Excerpt: ...s, and then Defendant Patricia Prieto (a supervisor) harassing a subordinate; management failed to act and Prieto turned the staff against her. Plaintiff reported Prieto to the EEO. In November 2016, Plaintiff suffered an injury on the job, to which management would not file an incident report to see a doctor. In December 2016, Plaintiff was able to see a doctor who diagnosed her with a hernia and required gastric bypass surgery. When Plaintiff r...

Excerpt: ...already purchased. The employees again asked Serrano to leave the store. Armed Security Guard Frank Perla was called back to the store and he repeatedly requested that Serrano leave the store. Serrano refused multiple times and Perla used pepper spray on Serrano. This was ineffective so Perla then utilized a TASER-style electronic control device on Serrano. A Stater Bros. employee was on the phone with the non-emergency law enforcement line and w...

Excerpt: ... credit card. This cost is merely convenient, rather than reasonably necessary. So $1,529.70 is taxed. Expert Witness Fees - Plaintiff made three statutory S 998 offers — on October 14, 2022 in the amount of $314,477.25, July 14, 2023 in the amount of $350,000, and August 1, 2023 in the amount of $200,000. (Declaration of Jeffrey T. Robert, Exs. 5, 5, 7.) Defendant contends that the October 14, 2022 offer was not reasonable because it was prema...

Excerpt: ...d without the need for Court interventon. The Court notes that in her reply, Plaintiff claims that the only injuries at issue are to her "shoulder, back, head neck [sic.], ankle and leg (these body parts are listed in Plaintiff's discovery responses)." (Reply 2:24-25.) Notably, the motion does not specify the body parts at issue. But in her discovery Page 3 of 3 responses, Plaintiff identified her injuries in response to Form Interrogatory number...

Excerpt: ...e Circle, Riverside, California (the "Property"). On November 7, 2023, Plaintiffs, Michele Trujillo and Robert Trujillo ("Plaintiffs") filed a Complaint against Defendants, ANKR, LLC, Alexander Alvarez, James Lopez Vega, and B&J Real Estate Investments (together "Defendants") asserting the following causes of acton: (1) fraud; (2) quiet title; (3) cancellation of home equity sales contract; (4) violation of mortgage consulting contract; (5) cance...

Excerpt: ...ry conference and whether hearing should be set for the appointment of a discovery referee. On the Court's own motion, there are to be no further discovery motions filed without approval of the Court. Granted as to No. 17.1 as it relates to Request for Admissions Nos. 126 and 127 only. The motion is otherwise denied including the request for monetary sanctions. Factual and procedural background: The First Amended Complaint (FAC) filed on 9/22/22 ...

Excerpt: ...laint, '1 6; Declaration of Vanessa Dao ("Dao Decl."), Exhibit A.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, which ARM's authorized facility was unable to repair. (Complaint, 11-15.) The Complaint sets forth five causes of action: (1) Violation of Civil Code S 1793.2(D); (2) Violation of Civil Code S 1793.2(8); (3) Violation of Civil Code S 1793.2(A)(3); (4) Breach of ...

Excerpt: ...nal Negligence against multiple healthcare provider defendants, including moving Defendant Parkview Community Hospital ("Defendant Hospital"), regarding treatment rendered to patient Reyna Contreras in the time frame of May 2021. (Separate Statement Fact ("SS") #1) Plaintiff, who is an adult daughter and successor of the patent, contends that negligent treatment relating to a 5/12/21 hysterectomy Page 6 of 15 performed by 0b/Gyn defendant, Hesham...

Excerpt: ... or cause delay and increase costs of litigation; 2) the claims are warranted under existing law or a nonfrivolous argument for the extension of existing law; and 3) the allegations have evidentiary support. (Cal. Code Civ. Pro. S 128.7(b).) "Under both Code of Civil Procedure section 128.7 and [Federal Rule of Civ. Proc.1 11, there are basically three types of submitted papers that warrant sanctions: factually frivolous (not well grounded in fac...

Excerpt: ...nner"), Angel Martin Anaya Martinez ("Martinez"), and Does 1 to 50, alleging (1) motor vehicle and (2) general negligence. The Complaint alleged that, on June 22, 2022, Martinez was operating a commercial tractor with two dump trailers in the course and scope of his employment with Jonner, when he crossed over the double solid yellow lines and entered the westbound lane colliding with Plaintiff's vehicle, thereby causing him injuries. After the o...

Excerpt: ...ns to rent their property as an STR without a thirty-day minimum stay requirement. Petitioners' property is located within two CIDs. The first, the Fairway Tennis Maintenance Association ("Tennis HOA"), is a CID that allows its members to rent their individual properties without a minimum night stay restriction, as stated in the HOA's governing documents. (AR 1498- 1592.) Petitioners' property is also located within the Eldorado Barranca Property...

Excerpt: ...thout leave to amend. The Motion to Strike is therefore moot. Factual / Procedural Context: This case arises out of Manuela Martins-Green's ("Plaintiff") employment as an assistant professor by the Regents of the University of California ("Regents") at university of California, Riverside. In the fall of 2016, Plaintiff learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being impro...

Excerpt: ... challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under the general demurrer standards, if there is any valid cause of achon stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is ...

Excerpt: ...lleged injury that served as the basis for her claims in Henry v. Henry, RIC1906267. (See, RFJN, Exs. 1, 5.) Additionally, Defendant was also a defendant in that action. However, while the Court entered judgment against Plaintiff in RIC1906267, that judgment is currently on appeal. Under California law, a judgment is not final for purposes of res judicata during the pendency of and until the resolution of the appeal. (The Inland Oversight Comm. v...