Excerpt: ...material fact remain as to whether the “friendly foreclosure” and transfer of assets was done for the purpose of avoiding liability on the selling entities' debts after the application of the “badges of fraud” analysis under the Uniform Voidable Transfers Act (UVTA).(MSA Issues 1 through 6). There are also triable issues as to the claims under the UVTA based on the same factors.(MSA Issues 7 and 8). Factual / Procedural Context: This case...

Excerpt: ...e has already been too much delay in proceeding with this litigation. Griffithe is admonished that he must follow the rules of court or he may be subject to sanctions. Griffithe argues that the release in the parties' Rescission Agreement bars all of the causes of action. This argument is unpersuasive because the complaint alleges that Renewable did not fulfill its obligations under the agreement. Put simply, the plaintiffs allege that the agreem...

Excerpt: ...rections below. 1. Compliance with CMO The moving papers fail to comply with at least the following sections of the CMO: a. H.6.: The scope of the release in the proposed judgment (¶ 26) exceeds the limits in the CMO. b. I.2.: There are declarations from only 5 of the 6 plaintiffs. There is no declaration from Blanca Reina Gonzalez Ortiz. c. I.3.b.: Neither the Kramer declaration nor the Beaman declaration discusses the percentage of clients tha...

Excerpt: ...ba Taqueria 2 Potrillos Restaurant, Epitasio Serbantes, Antonio Barrios, and Juan Carlos Varela, went through the windshield of Plaintiff's vehicle and struck her face. Plaintiff filed the original complaint on January 24, 2019, and the operative First Amended Complaint on June 10, 2019, alleging general negligence and premises liability. Santoyo was added as a defendant as Doe 2. Default was entered against Santoyo, which was subsequently set as...

Excerpt: ...‐ approval for a loan and proof of financial evidence and once his turn to purchase property came up on a VIP/waiting list. It further alleges that in March 2022, Lennar revoked its promise and sold houses in its development to the highest bidders. Lennar demurrers to these causes of action alleging that they are uncertain or not pleaded with the required specificity. To withstand a demurrer the complaint must contain “a statement of the fact...

Excerpt: ...ractice offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” (Moran v. Prime Healthcare Mgmt., Inc. (2016) 3 Cal.App.5th 1131, 1150 [citation and internal quotation marks omitted].) Under the unlawful prong, the UCL borrows violations of other laws and treats them as unlawful business practices that are independently actionable under the UCL. (Smith v...

Excerpt: ... his or her employer for injuries arising out of and in the course of employment.” (Wright v. State of California (2015) 233 Cal.App.4th 1218, 1229.) Specifically, the Act provides in part that “[w]here the conditions of compensation set forth in Section 3600 concur, the right to recover compensation is…the sole and exclusive remedy of the employee or his or her dependents against the employer (Lab. Code, §3602(a)), and that “[i]n all ca...

Excerpt: ...d. Failures to Comply: The motion fails to comply with the CMO in at least the following respects: • Section D.2.g.: The declaration of Mankin fails to describe how the agreed‐upon amount of penalties was calculated. Counsel notes that the amount was the result of a mediator's proposal. Did the mediator explain how he arrived at that sum? • Section D.6.a.: There is no declaration from the plaintiff, and the declaration of counsel on this is...

Excerpt: ...ntiff alleges that she rented a storage unit at StorAmerica in Indio, and, on the evening of March 12, 2019, two unidentified Hispanic males (designated as DOES 1 and 2) entered the StorAmerica facility and broke the lock that was used to secure Plaintiff's unit and stole various personal properties belonging to Plaintiff. Plaintiff alleges that the two unknown males were able to enter the facility by “tailgating” the truck driven by Demurrin...

Excerpt: ...��Roger”) performed surgery on her for a right ankle fracture. Plaintiff alleges that Roger was the agent of defendant Desert Regional Medical Center dba Institute of Clinical Orthopedics and Neurosciences (erroneously sued as Institute of Clinical Orthopedics and Neuro Science) (“ICON” or “Hospital”). Plaintiff alleges that Dr. Roger negligently performed the surgery, causing her permanent injury. The complaint states one cause of acti...

Excerpt: ...ing be deemed admitted. (Stover v. Bruntz (2017) 12 Cal.App.5th 19, 30; Code Civ. Proc., §2033.280(b).) “Unlike a motion to compel further responses, a motion to compel responses is not subject to a 45‐day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a ‘meet and confer' requirement.” (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 3...

Excerpt: ...es judicial notice of Plaintiff's Exhibits No. 2 and No. 3 under Evidence Code Section 452(d). Exhibit No. 1 is not relevant to the instant motion. Plaintiff's objections to Declaration of Kasey Diba are overruled. Plaintiff's objections to Declaration of Defendant Vincent Zadeh are overruled. Plaintiffs brought suit against Defendants for declaratory injunctive relief and breach of contract, alleging that Defendants breached a provision of the S...

Excerpt: ...formed the contracts in California with Feast, Tarasa, and The Eyal, LLC, and conducted additional business in California and with California residents. (Supp.Oppo., Fact Nos. 3‐19.) Feast asserts that Cross‐ Defendants engaged in telephonic and email communications and negotiations to/with multiple California residents (Ben Eramya; Feast; Tarasa.) (Id. Fact Nos. 3‐5, 9, 13.) When negotiating with Feast, Glenn Beattie knew Feast was operati...

Excerpt: ...ce of trial does not automatically reopen discovery. This has been the traditional rule. (C.C.P. §2024.020; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 249.) However, effective September 18, 2020, C.C.P. §599 provides that, during the period of time in which the governor has declared a state of emergency over COVID‐19, “[n]otwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parti...

Excerpt: ... issuance of TSB's, complaints by other purchasers of the same make, model and year automobile, and complaints of similar defects) may be relevant in a Song—Beverly Act case, (See Doppes v. Bentley Motors Inc. (2009) 174 Cal.App.4th 967, 976‐977,n.2; Donlen v. Ford Motor Company (2013) 217 Cal.App.4th 138, 154) or may be probative of the manufacturer's willful violation of CC § 1794(c). (A violation is willful if the manufacturer knew of its...

Excerpt: ...sion and replevin. The Court sustained the demurrer without leave as to the fourth cause of action for replevin, and otherwise overruled the demurrer. The remaining causes of action are for breach of contract, common counts, and conversion. King's Garden now moves to strike Scorpion's request for statutory penalties under Civil Code sections 8800 and 8818 on the ground that such penalties are only available for the improper withholding of progres...

Excerpt: ...e the discovery dispute without the court's intervention, despite Defendant's Good faith effort to do so are awarded and due in 30 days. The court does not see any procedural bars. There is evidence that Defendants and FastDomain agreed to an alternative production date, thus curing any defects with the original dates. Based on the information provided in Opposition, it is clear this issue could have been handled without court intervention. Defen...

Excerpt: ... that the court may for good cause allow.” While a motion to quash is typically directed to defects in personal jurisdiction, court recognize “the hybrid motion to quash/dismiss as a proper means of challenging the court's authority without making a general appearance.” (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1144, n. 3.) As such, a motion to quash and to dismiss is appropriately based upon an assertion of sovereign immunity. (G...

Excerpt: ...gement conference scheduled for 7‐6‐22 is vacated. Failures to comply with CMO: F.5.c. Other than Mallison (¶ 66), counsel fail to state whether they work exclusively on contingency. F.6. Fite does not provide the requisite information concerning the value of the individual claim being released. F.8.a. This issue is not addressed in the declaration of Diaz, Fite, Lauby, or Mallison. F.8.b. The order of dismissal does not contain the requisit...

Excerpt: ...em to emotional distress damages on these property based claim. 1. DANGEROUS CONDITION OF PRIVATE PROPERTY In order to state a cause of action for dangerous condition of public property, a plaintiff must allege: (1) 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 condit...

Excerpt: ...��Curtis”) and his wife, Defendant Maricel Harvey (“Maricel”) by Defendant ABC Foster Family Agency (“ABC”). Jadeyn alleges that during her residence in the Harvey House, she was sexually abused, assaulted and molested by Curtis, as well as Defendant Rey Lucero (“Lucero”), who was another foster care minor residing at Harvey House, and Maricel's father, Basilio Orense (“Orense”), now deceased. Plaintiffs Jazmyne Doe (“Jazmyne�...

Excerpt: ...(Evid. Code § 452(d).) However, the request to take judicial notice of the transcript of Myron Matika's October 23, 2018 deposition taken in Tye v. Bowen is denied. Contrary to Defendants' argument, courts generally decline judicial notice of a pleader's deposition statements to defeat material allegations of the complaint. (See Silguero v. Creteguard, Inc., (2010) 187 Cal.App.4th 60, 64; Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369...

Excerpt: ...gations and demand set forth in the first cause of action on the ground that Plaintiff has not complied with Code of Civil Procedure section 425.13. In addition, Defendants move to strike the demand for prejudgment interest on the ground that the tort claims alleged in the Complaint are not capable of being made certain by calculation. The court may, upon a motion made under Code of Civil Procedure section 435: (a) Strike out any irrelevant, fals...

Excerpt: ...ho filed the pleading that is subject to the demurrer or motion to strike. The moving party is required to file a declaration with his or her demurrer, indicating that a meet and confer occurred, or that the moving party made a good faith attempt to meet and confer and received no response from the other party. C.C.P. §§ 430.41(a)(3) and 435.5(a)(3). “If an amended complaint, cross‐complaint, or answer is filed, the responding party shall m...

Excerpt: ...make the request for a continuance by a noticed motion or an ex parte application … with supporting declarations.” (Cal. Rules of Court, rule 3.1332(b).) A motion for continuance of trial must be accompanied by an affirmative showing of good cause as defined by the California Rules of Court. (Jurado v. Toys “R” Us, Inc. (1993) 12 Cal.App.4th 1615, 1617.) Rule 3.1332 lists the following circumstances that may indicate good cause: (1) The u...