Excerpt: ...'s third and fourth causes of action for conversion and replevin asserting that they fail to state facts or are uncertain or duplicative. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form pa...

Excerpt: ...for $560,073.28. Plaintiff Raceway Ford, LLC (“Raceway”), which is a dealership located on property owned by McCallan, financed the purchase of the billboard through a bank loan. The billboard was manufactured by Defendant Watchfire Sings, LLC (“Watchfire”). The billboard advertises Raceway and all parties were allegedly aware that the billboard was for Raceway's benefit. Raceway and McCallan (collectively “Plaintiffs”) allege that th...

Excerpt: ...s: The notice is inadequate because the motion was served on 6‐3‐22, only 16 court days before the hearing, and was not served by personal service. However, the defendant affirmatively states that it does not oppose the motion, inferentially waiving that defect. Violations of CMO The moving papers once again fail to comply with the Court's CMO in a variety of ways, including the following: H.1.a. & I.12: Paragraph 16 of the order is inconsist...

Excerpt: ...g lived in a house that was owned by the Church. On 2/6/21, Plaintiff filed her Complaint. She asserts two causes of action for: (1) General Negligence and (2) Strict Liability—Dog Bite. Plaintiff now moves for leave to file a first amended complaint (FAC) to add Antonio Reza, Sr. as Doe No. 2 and to assert new causes of action for Premises Liability and Vicarious Liability. Plaintiff asserts that she discovered the facts giving rise to the ame...

Excerpt: ...isinclined to award petitioners more than $15,000 in fees for preparing and litigating this motion. This is not meant to minimize the importance or complexity of the issues at hand. However, $15,000 is more than many retainers in criminal and family law cases, and given the relatively short life of the project at issue, $15,000 seems to be a fully adequate sum for time spent preparing and litigating this motion. Next, going backwards in time, the...

Excerpt: ...ded complaint should also address the issues from the Hyrosen demurrer/motion to strike from 6/15/22.) As to the motion to strike, the Court grants Northgate's motion to strike any reference to Exhaustion of Administrative Remedies (SACC ¶¶ 41‐46), without leave to amend. As to the motion to strike reference to demands for money, the motion is denied. As the Court is granting leave to amend the 3rd cause of action, the motion to strike on thi...

Excerpt: ...appear at the hearing on that motion. With that exception, the motion to tax is denied. The parties are ordered to meet and confer in an effort to agree as to the amount of the fees incurred in drafting that opposition and attending the hearing on that motion. If the parties can agree, they shall submit a stipulation memorializing that agreement no later than 7‐1‐22. If the parties cannot agree, the Court will accept further briefing on that ...

Excerpt: ... may move to strike or tax costs per Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (WhatleyMiller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Pro...

Excerpt: ...d, and OVERRULE the remaining objections. SUSTAIN Defendants' evidentiary objection 8, and OVERRULE as to the remaining objections. GRANT Motion for Summary Judgment The First and Second Causes of Action are Untimely The parties agree that the first and second causes of action are subject to the five‐year statute of limitations set forth in CCP § 336(b), which provides in relevant part: Page 3 of 6 An action for violation of a restriction, as ...

Excerpt: ...f the common fund. Initially, the Court will reduce the attorney's fees from 35% to 33.33%, or $245,809. As the result of the failure of plaintiff's counsel to comply with the CMO, the order granting preliminary approval of the settlement was delayed from 6‐30‐21 to 2‐23‐22, a period of nearly eight months. During that period, inflation was running at an annual rate of approximately 8%. Therefore, as the result of the delay, the value of ...

Excerpt: ...‐ 13‐2022. The status conference is vacated. Deficiencies The deficiencies include the following: H.3.a.ii. The total amount of exposure ($584,167) does not appear to be equal to the total of the individual claims. Explain that inconsistency. H.3.a.iii. No response to A, B, or C, and incomplete response to D. H.3.a.iv. No response re range of recoveries. H.3.a.vi. No response re Wheeler's knowledge or inquiry. No response re Wand's inquiry. H...

Excerpt: ...imony, and his testimony is based upon personal knowledge and 2R Staffing's business records. (See Guerra Decl., ¶¶ 1‐2.) Further, Guerra does not offer any out‐ of‐court statements in his declaration to prove the truth of the matter asserted. Accordingly, all of Plaintiff's evidentiary objections are overruled. II. The Material Facts Are Undisputed Notwithstanding Plaintiff's purported disputes to several of the factual statements proffe...

Excerpt: ...the Court grant the request as to the existence of the documents only (Plaintiffs' Exhibit Nos. 1‐5, 8‐16, 19‐22). Defendants argue that the request for judicial notice is not timely because it was not filed with the Opposition papers, but instead for the first time with the Supplemental Opposition. It appears the request was made, in part, in response to Defendants' evidentiary objections based on lack of authentication of certain document...

Excerpt: ...nd: Plaintiff, Renova Energy Corporation (Renova) filed a complaint to seek collection of money owed on installation of solar energy system at a residence owned by Defendant, Brian Conway (Conway). Conway filed a cross‐complaint against Renova contending that its work was significantly defective causing Conway damages. Trial on this case is set for 7/29/22. On 5/4/22, Cross‐Defendant Renova filed a motion to bifurcate trial of its affirmative...

Excerpt: ..., when two state courts have concurrent jurisdiction over the same parties and subject matter, the first to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter and parties until the matter is resolved. (Plant Insulation Co. v. Fiberboard Corp. (1990) 224 Cal.App.3d 781, 786‐787; Franklin & Franklin v. 7‐ Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175.) The exclusive concurrent jurisdictio...

Excerpt: ...ress warranty period, the vehicle developed various defects to various systems including the powertrain, engine, transmission, electrical, and others. Plaintiff presented the vehicle for repairs on three occasions, but the authorized dealers failed to conform the vehicle to the warranties, or to replace it in compliance with the Song‐Beverly Consumer Warranty Act. Plaintiff filed his Complaint on 10/28/21 alleging five causes of action: 1) viol...

Excerpt: ...effect on the listener. The Court declines to rule on Defendants' objections as they were immaterial to this Court's ruling. (CCP § 437c(q).) The Court grants Plaintiff's request for judicial notice. (Evid. Code, §452(c).) Factual / Procedural Context: The decedent, Cecil Kidd, was a recruit of the California Department of Alcoholic Beverage Control. (Defendants' Separate Statement of Undisputed Facts [“Defendants' SUF”], ¶ 1; Plaintiff's ...

Excerpt: ...ory Relief and Restitution; and (3) Breach of the Purchase Agreement. Defendant Sellers generally demur to all three causes of action. All arguments previously presented to the Court by the parties in the previous demurrers are being revisited in this matter. Plaintiff Buyer has not alleged any additional facts sufficient to state a cause of action as to the first and the second causes of action even after multiple leaves to amend. There is no re...

Excerpt: ...nt BVE Homeowners Association (“HOA”) and is subject to Covenants, Conditions and Restrictions (“CC&Rs”). Plaintiff alleges that the pursuant to the CC&Rs, a paved emergency access easement runs across her property. Under the CC&Rs use of the easement is restricted to emergency vehicles only. However, Plaintiff alleges that residents of the Bella Vista Estates and their visitors regularly use the easement to enter and exit the development...

Excerpt: ...AN BERNARDINO, LLC D/B/A BALLARD REHABILITATION HOSPITAL'S NOTICE OF DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT BY VIBRA HOSPITAL OF SAN BERNARDINO LLC Tentative Ruling: The Court sustains the demurrer as to the elder abuse cause of action with 30 days leave to amend. The Court takes off calendar the motion to strike as moot. Factual / Procedural Context: Plaintiffs Doreen Acra and Pamela Archuleta, individually and successor to Billy Acra (...

Excerpt: ...posed request for judicial notice of what purports to be a docket in case number 202210956. It appears the docket reflects booking and bail information for an arrest in March 2022. There are no criminal charges filed against Defendant Rodriguez and there is nothing on the booking document that reflects any connection between the March 2022 arrest and the August 27, 2021 accident; nor is there any declaration testimony to demonstrate that Defendan...

Excerpt: ... 5/5/21, alleging 14 causes of action for pregnancy discrimination and Labor Code violations. Defendant first served a deposition notice on Plaintiff on 2/1/22 for a deposition to occur on 2/28/22. Plaintiff failed to appear for her deposition four times, despite mutually‐agreed upon dates and multiple meet and confer efforts. Defendant moves to compel Plaintiff's deposition and seeks sanctions in the amount of $2,100. Plaintiff opposes, arguin...

Excerpt: ...he Court denies the motion as to RFP No. 3. The Court denies both parties requests for Monetary Sanctions. Factual / Procedural Context: Page 5 of 11 This matter arises out of a motor vehicle accident that occurred on Interstate 10, east of County Line Road, Calimesa, California. On April 4, 2019, Carlos Hernandez Guardado, a co‐defendant, was operating a 2013 Kenworth truck owned by Defendant. At that time, Robert Thomas Guillen, now dismissed...

Excerpt: ...ouse of Defendant Zumiez Distribution, LLC (“Zumiez”). Employees of Zumiez directed Plaintiff to back his truck into Bay No. 12, where Zumiez employees unloaded goods. Plaintiff alleges that there was a delay of two to three hours. Plaintiff exited his truck and walked to Bay No. 13 to inquire about the delay. While he was talking to a person in the warehouse, a truck driven by Defendant David Garcia Diaz (“Diaz”), within the course of hi...

Excerpt: ...wing three conditions are satisfied: (1) the existence of a res (property or some interest in property); (2) the right of a complaining party to that res; and (3) some wrongful acquisition or detention of the res by another party who is not entitled to it.” (Communist Party v. 522 Valencia, Inc. (1995) 35 Cal.App.4th 980, 990.) In this case, there is no dispute that neither Defendant nor Plaintiff hold the funds at issue as Plaintiff pleads the...