Excerpt: ...ay, Decedent was struck by a delivery truck driven by Defendant Andrew Thomas Gomez ("Gomez"), who was driving in the scope of his employment with Defendants Jat Trucking ("Jat") 50 60 Heaven ("Heaven") and/or Fedex Ground Package Systems, Inc. ("Fedex"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Plaintiffs further allege that Defendant County of Riverside failed to maintain the roadway and access alley in ...

Excerpt: ...App.4th 913, 928-29). Page 3 of 12 REQUEST FOR JUDICIAL NOTICE: Defendants ask the Court to take judicial notice of the following documents in support of their demurrer: • Exhibit A Certified Copy of Imperial County Complaint, Case No. ECU002433 • Exhibit B — Application for Determination of Good Faith Settlement of Defendants Sonrisa Villa, Inc., Kourosh Shirazi, Kamran Shirazi, Blossom Valley Investors LLC (Doe 1), and Holtville Project L...

Excerpt: ...rial 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. Yel ow Cab Company (1967) 57 Cal. 2d 695, 713.) If the complaint fails to state a cause of action, the court m...

Excerpt: ... 826, 850.) Defendant, as the moving party, has the burden to show either that one or more elements of the cause of achon cannot be established or that there is a complete defense to that cause of action. (CCP Defendant can meet their burden by showng either: (1) affirmative evidence that shows an element of the claim cannot be established; or (2) showing an absence of evidence on a critical element of Plaintiff's claim. Once the moving party has...

Excerpt: ...y statute, relief must be sought from the administrative body and the remedy exhausted before the courts will act; a court violating the rule acts in excess of jurisdiction." (Hollon v. Pierce (1967) 257 Cal.App.2d 468, 475.) "[C]ompleton of the administrative remedy has been held to be a prerequisite to equitable relief." (People v. Coit Ranch, Inc. (1962) 204 Cal.App.2d 52, 58.) "[A] constitutional challenge does not excuse the exhaustion of ad...

Excerpt: ...to the request for prejudgment merits, but not to the request for attorneys' fees. The request for prejudgment interest is untmely. It was untimely when Plaintiff's first motion was filed. The fact that a party is entitled to prejudgment interest does not make an award automatc. North Oakland Medical Clinic v. Rogers (1998) 65 Cal.App.4th 824, 829. The request must be made before entry of judgment or via a motion for new trial. ld. at 831. Prejud...

Excerpt: ...onconformities and that GM failed to repair the defects after a reasonable number of attempts. The Complaint filed on 7/2/21, sets forth various causes of action for violation of the Song-Beverly Act. On 2/6/23, the parties reached a settlement under which GM agreed to pay $101,00. In addition, GM agreed to pay attorney fees and costs to be determined by motion in which Plaintiff would be deemed the prevailing party for purposes of that motion. (...

Excerpt: ...or evasive, or an objection in the response is without merit or too general. (CCP S 2031.310(a).) In a motion to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (CCP The burden to show good cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Cor...

Excerpt: ...t 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 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.) Facts appearing in exhibits at...

Excerpt: ...aj Kumar Pandey formed the corporate entity. Plaintiff purchased a new commercial truck that was financed through Opportunity Fund, who demanded that the truck be put in the name of the party with a valid Commercial Driving License. Only Defendant Pandey had the license and the parties agreed to put the truck in Defendant's name, which was formalized in a Tractor Lease Agreement. Since the truck was in Defendant's name, he leveraged this to incre...

Excerpt: ...various warranties, including a 4-year/50,OOO-mile express bumper to bumper warranty, a 4-year/50,OOO-mile powertrain warranty. Plaintiff asserts that during the warranty period, the Subject Vehicle developed defects and nan-conformities, including engine, electrical and emission system defects. Plaintiff delivered the Subject Vehicle to authorized repair facilities on four occasions, but Defendant and its agents were unable to repair the vehicle...

Excerpt: ...e terms of the Settlement. The Plaintiffs in the Prior Action subsequently dismissed the action, and filed the complaint in a separate action (CVRI 2203209). The court in CVRI 2203209 denied a special motion to strike. The decision was appealed, and the case is currently stayed. Plaintiffs the Estate of Frances Marsh (by and through its personal representative A. Scott Kalkwarf), James Wynne and Timothy Wynne filed the complaint in the present ac...

Excerpt: ...al / Procedural Context: Plaintiff Rick Romandetta is the son of decedent Louise Romandetta. Decedent was recovering from strokes, hypertension 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 ("Equanimity"), where lead care was designated to Defendant David Fukada, M.D. Dec...

Excerpt: ...ts burden of showing it did not create the dangerous condition of public property and/or that it had no notice of the dangerous condition. REQUEST FOR JUDICIAL NOTICE Defendant's unopposed request for judicial notice of the Second Amended Complaint and ruling on the Demurrer is granted. (Evid. Code S 452(d).) EVIDENTIARY OBJECTIONS CCP S 437c(q) states: "In granting or denying a motion for summary judgment or summary adjudication, the court need ...

Excerpt: ...) the Mark Wynne parties were to pay $175,000 to the attorney-c ient trust account of Richard A. Lucal by July 27, 2021; (2) Marsh, James Wynne and Timothy Wynne were to provide quitclaim deeds transferring title to Kim Wynne, as her sole and separate property, by July 27, 2021; and (3) the Mark Vonne parties were to pay off the existing Marsh mortgage secured by Black Duck (principal balance of $285,000) within 60 days of the execution of the Bi...

Excerpt: ...'s objection under CCP S 2031.030(c)(1) is also not well taken as the requests are reasonably particularized. As to the opposition that it seeks confidential or proprietary information — work out a protective order. GRANTED RFPs 3-5: Home Depot makes valid objections based on overbreadth and undue burden, as the requests are not reasonably limited in scope and time. RFP Nos. 3, 4 and 5 seek all documents regarding the entire store for a five-ye...

Excerpt: ...42 USC S 1985(3)), and retaliation (42 USC S 1983). Defendant moves for summary judgment, arguing that each of the section 1983 claims fail because no policy violation was alleged as required in Modell v. New York City Dept. of Social Services (1978) 436 U.S. 658. Plaintiff asks the court to strike the declarations of DDA Lucero and Senior Audio Video Technician Lewandowski because, he asserts, they are contradictory and conclusory. To the extent...

Excerpt: ... the subject of the motion; and (B) Each supporting material fact claimed to be without dispute with respect to the cause of action, claim for damages, issue of duty, or affrmative defense that is the subject of the motion. Evidentiary Objections C.C.P. S437c(q) provides as follows: "In granting or denying a motion for summary judgment or summary adjudication, the court need rule only on those objections to evidence that it deems material to its ...

Excerpt: ...000 using her home that was paid off as collateral. Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to TCF National Bank. (FAC 5.) Plaintiff alleges during the many conversations that she had with Bagwell, Plaintiff was told by Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff could cancel the current insurance she had with GEICO Insurance Company. (F...

Excerpt: ...t is ambiguous or uncertain...must be raised by special demurrer." (Johnson v. Mead (1987) 191 Cal.App.3d 156, 150.) 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 672.) However, a demurrer does not admit contentions, deduction...

Excerpt: ...he soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her $8,000 to pay for the burial of her son in law who was murdered by gang members; 2) in August 2019 to loan her $7,600 to pay off her Page 4 of 7 credit card; and 3) in 2019-2020 to start ...

Excerpt: ...udgment affirming the granting of Motion for Summary Judgment in the matter of In Re Estate of Betty Carter Gibson (Exhibit 2); and (3) Order Admitting Will to Probate in Solemn Form in the matter of In Re Estate of Betty Carter Gibson, Estate No. 2019-0847 (Exhibit 3). (Def.'s Request for Judicial Notice ["RJN"] 1—3.) Plaintiff also asks the Court to take judicial notice of the Court's Ruling on Hearing Re Motion to Quash Demurrer, in Case No....

Excerpt: ...e granted. (Evid. Code S 451(a) [mandatory judicial notice of decisional law of this state and of the united States].) upon the petition/moton of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration ...

Excerpt: ...tablish her negligent repair claim because Plaintiff cannot prove that Norm Reeves breached a duty owed to Plaintiff, nor can Plaintiff prove the element of damages as a result of Norm Reeves' conduct. Defendant provides evidence that Plaintiff presented her vehicle for repair to Defendant one single time before filing suit. (UF 2.) Plaintiff testified that in the weeks and months following repair, the problem seemed to go away. (UF 4.) Plaintiff...

Excerpt: ...s no basis to take judicial notice of "the results of the California League of Cities's survey of cites and counties with utility users' taxes." The City seeks judicial notice under Evidence Code secton 452(h), which provides that a court may take judicial notce of "[flacts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." ...

Excerpt: ..., indicate that Plaintiff seeks summary adjudication. Nor does the separate statement refer to summary adjudication of the issues. Accordingly, the Court will not adjudicate the separate causes of action, but will treat this as a Motion for Summary Judgment. In California, a debt which is predicated upon the breach of the terms of an express contract cannot be the basis of an account stated. (Rio Linda Poultry Farms v. Fredericksen (1932) 121 Cal...

Excerpt: ...that he sustained injuries due to the City of Perris' ("Defendant") conduct. Plaintiff's complaint asserts a cause of action for premises liability and two causes of action for negligence (one asserted against Defendant and the other against Doe defendants.) Defendant demurs to the second cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. It argues that this cause of action fails because it doe...

Excerpt: ...pleading or via proper judicial notice. (ld.) "[T]he complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiffs proof need not be alleged." (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) "In order to state a cause of achon for negligence, the complaint must allege facts suffcient to show a legal duty on the part of the defendant to ...

Excerpt: ... judgment in the trial court — must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case or under rules 8.822 and 8.823 in a limited civil case." (CRC 3.1702(b)(1).) under CRC 8.104(a), a notice of appeal must be filed on or before the earliest of: (i) 50 days after the court clerk serves on the party filing the notice of appeal a document called "Notice of Entry"; (ii) 60 days...

Excerpt: ... and nonconformities and that GM failed to repair the defects after a reasonable number of attempts. The Complaint sets forth various causes of action for violation of the Song-Beverly Act. * * * on May 15, 2023, the parties entered into a settlement agreement under which GM agreed to buy back the Vehicle for $105,000. In addition, GM agreed to pay attorney fees and costs to be determined by motion in which Plaintiffs would be deemed the prevaili...

Excerpt: ...he application to the extent it seeks a) an inspection in the absence of owners/occupants b) forcible entry and/or c) demolition or destruction of any portion of the property, including but not limited to walls or flooring. The Court orders the City to submit a revised proposed inspection warrant in accordance with this ruling within 5 days. Factual / Procedural Context: This is a nuisance abatement action relating to commercial property located ...

Excerpt: ...of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross-complaint, to assert such case if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfeiture of causes of action. Page 3 of 7 In addition, CCP 5426.30 provides: Unless otherwise prov-ded by statute, if a party a...

Excerpt: ...ge 7 of 7 causes of action for 1) quiet title, 2) cancellation of written instruments, 3) declaratory relief, 4) negligence, 5) equitable indemnity, and 6) contribution. This case was consolidated with CVR12000792, Citizens Business Bank v. Michael Glenn Smith, Allison Campbell-Smith, and Renfeng Wang, seeking three counts of breach of guaranty claims and a fourth claim for unjust enrichment. Plaintiffs assert that they first requested a jury tri...

Excerpt: ...t supervisor. Plaintiff alleges since July 2019, when Rodriguez began in a management role over Plaintiff, Rodriguez has "[had] it in" for Plaintiff. (SAC 915.) Plaintiff alleges Rodriguez commanded Plaintiff to write false reports and disciplined her for things that were not her fault. Plaintiff eventually sought a transfer, but it was not long before Rodriguez was Plaintiff's supervisor again. upon seeing Plaintiff at the new job site, Rodrigue...

Excerpt: ...Lloyds's of ü)ndon Subscribing to Policy No. ACNA8PP1477-04 ("underwriters") moves for summary judgment or, alternatively, adjudication of the three causes of achon pleaded against it for breach of contract, breach of implied covenant of good faith and fair dealing, and negligent misrepresentation, all of which are alleged by Plaintiff Prower. The motion for summary judgment is denied. The motion for summary adjudication is granted as to Issue 3...

Excerpt: ...erial to the court's resolution of the present motion. Accordingly, the court declines to rule on the evidentiary objections. The FAA Is Applicable The FAA generally governs arbitration in written contracts involving interstate commerce and authorizes enforcement of arbitration clauses unless grounds exist in law or equity for the revocation of any contract, similar to the California Arbitration Act. (9 U.S.C. 52; Basura v. U.S. Home Corp. (2002)...

Excerpt: ...ily residence located at 1061 Talcey Terrace in Riverside, California (the "Property"). (Williams Decl. '1 2.) In September 2022, Plaintiff Kevin Williams ("Plaintiff") and Defendants entered into their first Residential Purchase Agreement. A series of events occurred regarding efforts to complete the sell of the property to Plaintiffs. The transacton was not completed and on 5/24/203, Defendants filed an unlawful detainer action against Plaintif...

Excerpt: ...maintenance and design company, dba Arriaga Custom Landscape. Plaintiff also owned five parcels of real property (his residence, three rental properties and a vacant lot), business assets, four trucks, a trailer and landscaping equipment. After he became incarcerated, Plaintiff entrusted his niece, defendant Rosa M. Reynaga de Gutierrez ("Rosa") and her husband, defendant Abel A. Gutierrez ("Abel"), to manage his properties, financial affairs and...

Excerpt: ...o a communicaton relevant to an issue concerning the condition of the patient if such issue has been tendered by: (a) The patent;...." If Plaintiff placed her conditions at issue, there is no privilege. Plaintiff clearly placed her mental health at issue—she asserted an intentional infliction of emotional distress claim, and asserted severe emotional distress and psychological injuries. (FAC 919, 25.) For her medical history, while Plaintiff ge...

Excerpt: ...ip entered into a written lease, which was assigned to Plaintiff in 2002. On May 21, 2007, the Kims and Plaintiff entered into a lease amendment, which expired on July 31, 2016. The Kims thereafter continued to occupy the space on a month-to-month basis until July 31, 2021, when the Kims retired and ceased the business. Plaintiff alleges that from 2015 to July 2021, the Kims paid less rent each month than required under the Lease. Plaintiff seeks...

Excerpt: ...dants Lea Jones ("Lea") and Robert Jones ("Robert"). On April 25, 2023, the court granted summary judgment in favor of Robert but denied the motion as to Lea. Notice of Ruling was filed on April 26, 2023. Robert filed a Memorandum of Costs on May 10, 2023. Robert seeks costs in the total amount of $2, 129.29 . * Plaintiff now moves to tax costs. Plaintiff notes that all of the claimed costs were incurred on behalf of both Robert and Lea and argue...

Excerpt: ...s four evidentiary objections to the Declaration of Michael Makinen. Objection 1: 95: "SO- McKinely turned over the Premises to Organic Roots on May 17, 2018." Sustain on grounds of lack of personal knowledge and lack of foundation. Objection 2: 97: "A little more than two (2) years after the execution of the Lease, Organic Roots was almost $600,000 behind in payment of rent and other charges under the Lease to SOMcKinley." Sustain on grounds of ...

Excerpt: ...re). 3. Need counsel's estimate, as to each claim, of total damages, penalties or other relief that the class could reasonably expect and the likely award at trial for all claims collectively. 4. Declaration from Quintlone identifies some cases that he worked on were class certification was granted and one trial, but he is not the attorney who submitted the declaration with the estimates, Markham was. 5. Is the one PAGA case the only other collec...

Excerpt: ...stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, or law are claimed to be shown. CCP S 1008(a). The motion for reconsideration must be made to the same judge who heard the original motion. CCP S 1008(a). "An established exception to the general rule limiting reconsiderations is that where the judge who made the initial ruling is unavailable to reconsider ...

Excerpt: ...dant from opposing Plaintiff's claims that Defendant Primoris Services Corporation had possession and control of the vehicle that Defendant Cody Joseph Bryan was operating at the time of the incident on May 30, 2021. Plaintiff also seeks an order establishing that Defendant Primoris Services Corporation knew or should have known that the Defendant Cody Joseph Bryan was incompetent or unfit to drive the vehicle." When reviewing a moton for issue o...

Excerpt: ...n January 6, 2022, Defendant served a 998 offer on Plaintiffs which proposed that 1) Defendant would pay $650,000 to Plaintiffs, 2) Defendant would refrain from using the long drive-thru path, 3) Defendant's easements include the right to queue on the Central Avenue Protected Drive, and 4) Defendant's employee parking and customer parking rights shall remain as indicated in the Lease and the Easement Agreement. A jury trial was conducted and the ...

Excerpt: ... Resources ("Defendant") is in the third and final phase of the Perris Dam Remediation Project, which will construct an emergency release facility for the Perris dam that will run parallel to the Pomona Expressway. This project will impact the property the Plaintiffs' lease. Plaintiffs contend the approximate duration of the project has continually changed. Defendant has allegedly failed to communicate in a reasonable manner with Plaintiffs. It g...

Excerpt: ...roperly select, train, supervise; 2) intentional tort — assault; 3) negligence; and 4) assault and battery. Kauvaka filed the Answer on 6/11/21. On 7/29/21, Raincross filed a Cross-complaint against Pixels Video Bar, Chad Norton and Micah Herrera for 1) equitable indemnity; 2) contribution; 3) declaratory relief; and 4) negligence. Plaintiff seeks damages for past and future income loss. Throughout the case, Plaintiff has identified his injurie...

Excerpt: ...nd Pfister having disputes over the handling of the Trust and Veva's assets. In MCP17W472 there is a 9/18/19 Order wherein the probate court recited the terms of the 5/8/18 settlement agreement between Rodney and Pfister. In the agreement, Pfister& Rodney accepted and approved all prior co-trustee actons and expenses from their acceptance to act as co-trustees in 2012 at the resignation of Veva Haacke to the appointment of Robin J. Shea (which oc...

Excerpt: ...fendant Richards and that no appearance was made by Plaintiff or Defendant Michael Allison. The parties were ordered to comply with Local Rule 34011. On March 10, 2023, the Court dismissed the achon without prejudice for the parties' lack of compliance with Local Rule 3401.2 Despite the action being dismissed, Defendant Richards filed the instant motion, seeking an order to release the deposited funds to her. Thereafter, Global filed its motion f...

Excerpt: ...to quiet title to property located in Banning and alleges various causes of action for rescission and financial elder abuse. On 4/18/23, Plaintiff served Defendants with written discovery demands, including Construction Form Interrogatories ("CFROGs"). On 5/18/23, Defendant served responses. Plaintiff found the responses to be evasive and exchanged meet and confer correspondence with defense counsel; Page 4 of 4 however, Defendants failed to prov...

Excerpt: ... countless times before. The hourly rates already reflect the expertise and a multiplier is unnecessary. This case did not involve particularly novel or complex questions, nor did Plaintiff's counsel demonstrate particular skill. Moreover, Plaintiff's counsel has not provided evidence that it was precluded from other employment as a result of this litigation. Though Plaintiff's counsel took the case on a contingency basis, the risk of not obtaini...

Excerpt: ...ursuant to Cal. Code Civ. Pro. S526(a)(3), a preliminary injunction may issue: When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. The plaintiff has the burden to prove all elements necessary to sup...

Excerpt: ... A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives 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 ma...

Excerpt: ...nts have been dumping trash and green waste over the boundary fences, encroaching new fences over his property and vandalizing sprinkler systems. Plaintiff alleges he has been an "absent homeowner or occupant" as he has been providing care to his paraplegic wife. Plaintiff alleges he and Edward R. Cardoosl and Denis R. Cardoos2 entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...

Excerpt: ...rs/offcers at various tmes between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, i.e., Riverside Juvenile Hall and Indio Juvenile Hall. (First Amended Complaint ("FAC"), 2-4, 52-81.) Plaintiffs allege they were under the direct custody, care and control of the County and its agents, Plaintiffs' detention was court ordered and mandatory, and the duration and nature of their commitment we...

Excerpt: ... We-ngarten, 6.) It does not appear counsel made any attempt to reach Defendant by telephone or in person to meet and confer in accordance with CCP S 439(a). Accordingly, the hearing on the motion for judgment on the pleadings is continued for 45 days. Plaintiff is ordered to serve an amended notice of hearing on Defendant by mail at the address reflected in the answer and to file an appropriate proof of service. Plaintiff is further ordered to m...

Excerpt: ...le warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (Complaint 10.) The Complaint sets forth four causes of acton: (1) Violation of Song-Beverly- Breach of Express Warranty; (2) Violation of Song-Beverly- Breach of Implied Warranty; and (3) Violation of Song Beverly section 1793.2. * * * Defendant now moves to compel Plaintiff to arbitrate hi claims under the Retail Installm...

Excerpt: ...uired to authenticate the respondent's signature on an arbitration agreement as a preliminary matter in the moving papers and is only required to do so if the signature is challenged. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 846. under California Civil Code section 1633.9(a), "An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any m...

Excerpt: ...y. Pursuant to CCP S128(a) provides that the court shall have the power (3) "To provide for the orderly conduct of proceedings before it, or its offcers." (5) "To control in furtherance of justice, the conduct of its ministerial officers, and of all other person in any manner connected with a judicial proceeding before it, in every matter Page 4 of 5 pertaining thereto." (8) "To amend and control its process and orders so as to make them conform ...

Excerpt: ...ve damages. Plaintiffs' evidentiary objections as to Jayco Sustain: #s 1, 2, 3, 5, 8, 9 Overrule: #s 4, 6, 7 Plaintiffs' evidentiary objections as to MORryde Sustain: # 1, 2, 3, 6 Overrule: # 4, 5 Facts/procedure This is an action for product liability concerning a recreational camper, more specifically described as the 2021 Eagle HT fifth-wheel recreational vehicle, manufactured by Defendant Jayco, which is installed with the entry steps manufac...

Excerpt: ...he Deed of Trust and tax liens would be judicially noticeable.) OVERRULE all of Defendant's Objections to the evidence, as the objections do not comply with the formatting requirements of CRC 3.1354(b). Page 3 of 4 DENY the motion for summary judgment/summary adjudication. The Plaintiffs lack stand-ng to bring this action. "Every action must be prosecuted in the name of the real party in interest." (CCP S 367.) In litigation involving trust prope...

Excerpt: ...egations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal.App.4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions offact or law, and may consider exhibits attached to the complaint. (ld. at 732-33; Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924.) Specific factual allegations mo...

Excerpt: ...usands of dollars, the system did not work. (FAC 27-55.) In the process of trying to fix the system, Defendants caused the battery backup system to spark which set fire to the storage shed containing hundreds of thousands of dollars of equipment. (FAC 55-56.) Another contractor was hired to replace the system, and this contractor informed Plaintiff that little of the original work done by Defendants was reusable or had any value to begin with. (F...

Excerpt: ...he existence of triable issues of material fact preclude summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of achon cannot be established or that there is a complete defen...

Excerpt: ...es that the Subject Vehicle was delivered with defects and non-conformities. Plaintiff delivered the Subject Vehicle to authorized repair facilities on several occasions, but Defendant's agents were unable to repair it the vehicle after a reasonable number of attempts. Plaintiff alleges that Defendant refused to repurchase the Subject Vehicle. On October 13, 2022, Plaintiff filed his Complaint. He asserts one cause of action for: (1) Violations o...

Excerpt: ...howing that plaintiff does not possess and cannot reasonably obtain needed evidence. (CCP S437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evi...

Excerpt: ...unds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman...

Excerpt: ...without merit or too general. (CCP S 2030.300(a).) A party can claim an inability to respond if they do not have personal knowledge sufficient to respond to an interrogatory, but they must make a "reasonable and good faith attempt to obtain the information." (CCP 52030.220(c).) In a motion for an order compelling further response to ROGs, the burden is on the responding party to justify any objection or failure to answer the interrogatories fully...

Excerpt: ... Ex. B at 2.) As Vineyard argues, however, the Operating Agreement for 2021 is irrelevant to this case as the Decedent was not a resident at Vineyard's facility in 2021. Plaintiff has failed to show good cause for production of document in response to RFP No. 2. RFP 14: Denied Plaintiff has failed to set forth specific facts showing good cause justifying the discovery sought by this request beyond what Vineyard has produced. RFP 64: Granted The r...

Excerpt: ...nt, thus, the request is denied. (Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) A party may propound to another party any interrogatories that are relevant to the subject matter of the pending action. (CCP S 2030.030(a)(2).) The party to whom interrogatories have been propounded shall respond by: (1) an answer containing the information...

Excerpt: ...t. (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 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. ...

Excerpt: ...DUMF 4.) Defendant was not a party to the transaction between Plaintiffs and CarMax. (ld. at '1 3.) The subject vehicle originally came with bumper-to-bumper coverage for the earlier of 36 months or 36,000 miles and powertrain coverage for the earlier of 50 months or 60,000 miles. (ld. at 6.) The bumper-tobumper coverage expired by mileage before October 2017, and its powertrain coverage expired by mileage before July 2021. (ld. at '17.) Defendan...

Excerpt: ...-Beverly Act8reach of Express Warranty, violation of the Song-Beverly Act- Breach of Implied Warranty and violation of the Song-Beverly Act Secton 1793.2. Ford contends that on July 23, 2020, Ford sent Plaintiff an e-mail offering to repurchase or replace Plaintiff's vehicle and requested that Plaintiff provde information to Ford to repurchase the vehicle, but that Plaintiff failed to respond and ultimately rejected Ford's offer. (SUMF No.3) Ford...

Excerpt: ...nnett is a business representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious...

Excerpt: ...s to compel arbitration under the Retail Installment Sales Contract that Plaintiff and San Diego Chrysler Dodge Jeep (a nonparty) signed to effectuate the purchase. Crystal argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inext...

Excerpt: ...Procedure section 435, subdivision (a), provides that a court may "[sltrike out any irrelevant, false, or improper matter inserted in any pleading." In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleg...

Excerpt: ... incomplete, or evasive, or an objection in the response is without merit or too general), that party may file a motion compelling further responses. (CCP S 2030.300, S 2033.290.) The motion must be filed and served within 45 days after verified responses were served. (CCP S 2030.300(c), S 2033.290(c).) upon a timely motion to compel further responses, the responding party has the burden to justify any objection or failure to fully respond to the...

Excerpt: ...pics identified in the deposition notice. For instance, Burding testified that he looked at five documents to prepare for the deposition, including the preliminary title report and three drafts of the closing instructons given by Bobs before closing of escrow. (Exh. D [25:2-26:181.) He testified that he did not speak to anpne else in preparation for the deposition. (ld. at p. 64:21-25.) He did not take the steps to familiarize himself concerning ...

Excerpt: ...ommunity Business Directors nationwide maintain the correct new-hire paperwork, and she is responsible for and oversees all documents provided to new hires. Ms. Damante is familiar with Defendants' onboarding process. Further, Ms. Damante is familiar with the online tools which Defendants provide to employees, including the presentation and execution of arbitration agreements. She is familiar with Defendants' recordkeeping procedures and has acce...

Excerpt: ...ny such new evidence could not be produced with reasonable due diligence at the motion hearing was not filed with the motion. Factual and procedural background: This acton arises out of a fire that occurred on 7/28/20, at the storage facility owned by Defendant, during which Plaintiff's personal properties were damaged. On 1/24/22, Plaintiff, in pro per, filed his operative FAC for negligence, naming The Salvation Army as the sole Defendant. Defe...

Excerpt: ... reasonable amount, "both from the standpoint of time spent and the amount charged." (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35-36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at the fair market value of comparable services in the community. (ld.) "Padding" is not subject to compensation. (See Graham v. DaimlerCh...

Excerpt: ...f action within 20 days. Cross- Defendant's Motion to Strike as to the attorney's fees is denied. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). In evaluating a demurrer, the court gives 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 c...

Excerpt: ...cated at 1428 Midnight Sun Drive, in Beaumont within Defendant Sundance Community Association ("Association"). The suspects loaded Plaintiff's gun safe in a Toyota and Plaintiff called the police. The suspects, Defendants Nicholas Almejo, Mahmoud Salah, Mataeo Waring, Darrell Skakhan Hollawayne, and Darrell Skakhan Hollawayne, were ultimately located, his property was recovered, and Almejo and Waring were criminally charged. On 11/9/22, Plaintiff...

Excerpt: ...demurrer, the court gives 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....

Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability. The defendants filed cross-compla...

Excerpt: ...r claims that in January 2023 it and Respondent each conducted independent appraisals of the property at issue and could not come to an agreement as to value. For that reason Pettioner has brought this action. Property insurance policies may call for "appraisal" of the value or amount of any claimed property loss. It is the insured's initial responsibility to establish the "actual cash value" of the property damaged. If the insured disagrees with...

Excerpt: ...n-parties justify disclosure of such information. Discovery of financial information is expressly authorized after issuance of a right to attach order (Code Civ. Proc., S 485.230), and USRECH may discover the identity, location and value of property in which Lander has an interest by any means permitted under the general civil discovery statutes. (Code Civ. Proc., S 2016.010 et seq.) Discovery by subpoenas is proper as Part4 of the Discovery Act ...

Excerpt: ...xercised only after the party seeking relief has shown that there is a proper ground for relief, and that the party has raised that ground in a procedurally proper manner, within any applicable time limits."2 (Cruz v. Fagor America, Inc. (2006) 146 Cal.App.4th 488, 495). CCP S 473(b) further provides that an application for relief "shall be accompanied by a copy of the answer or other pleading proposed to be filed therein." The party moving for r...

Excerpt: ...t is granted. Judicial notice may be taken of "[flacts and proposition that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy." (Evid. Code, 5452(h).) Such facts and proposition may include documents referenced in the pleading. For instance, judicial notice has been taken of media release and a related letter upon request by the demurring party, w...

Excerpt: ...n terms it deems proper, "[s]trike out any irrelevant, false, or improper matter inserted in any pleading." (CCP S 436(a).) An immaterial or irrelevant allegation is one that "is not essential to the statement of a claim or defense"; "is neither pertinent to nor supported by an otherwise sufficient claim or defense"; or "[al demand for judgment requesting relief not supported by the allegations of the complaint[.]" (CCP S 431.10(b).) As with a de...

Excerpt: ... interfere with Plaintiffs' rights. This case was set for trial, and Defendants had filed a motion for summary judgment that was pending when Plaintiffs voluntarily dismissed the case. Now Defendant Associations move for prevailing party attorneys' fees under Civil Code sections 1717 and 5975. Each Defendant asserts that it is a prevailing party under the Annexation Agreement (Section 1717) and that it defeated Plaintiffs' action seeking to enfor...

Excerpt: ...r his entre employment and contained an agreement to arbitrate all employment related claims. The agreement was signed by Dickey on 1/4/22. He thereafter continued his employment. On 10/28/22, Maison terminated Dickey's employment purportedly because of a lack of business. Dickey sent correspondence to Maison to informally resolve issues related to his unpaid commissions. When these attempts were unsuccessful, Dickey filed a demand for arbitratio...

Excerpt: ...ts. Plaintiff moved out of the property, but Defendant remained in possession and refused to voluntarily sell. Thereafter, Plaintiff recorded an Affdavit of Surviving Spouse ("Affidavit") on 5/19/22 and Declaration Severing Joint Tenancy ("Declaration") on 5/3/22. Plaintiff also filed the Complaint on 6/3/22, seeking partition and an accounting relating to the subject property. Plaintiff alleges she owns 66.67% interest as a tenant in common, and...

Excerpt: ...ce Superintendent for the DMV. He oversees construction and maintenance at 15 different DMV facilities in the Southern California area, including the DMV Field Office in Riverside (the "Riverside Field Offce." (Brown Decl., 91.) Plaintiff makes some 13 objections (Nos. 2, 30-42) to the Baker declaration, based on lack of personal knowledge, speculation, lacks foundation, hearsay, calls for expert opinion and irrelevant. These objections are susta...

Excerpt: ...s counsel does not set forth the number of class certification orders counsel has obtained after contested motions or the number of trials conducted alleging such claims. 5. Need estimate of recovery by average class member is settlement were approved and range of recovery as well as average payment to aggrieved employees. Average individual settlement payment is not sufficient. 5. Did plaintiff's counsel inquire of others in their firm(s) as to ...

Excerpt: ...f the agreement, and hence in default of subdivision (a) of sec
Ÿon 1281.97, the employee may “[w]ithdraw the claim from arbitra
Ÿon and proceed in court of appropriate jurisdic
Ÿon.” (C.C.P., § 1281.97(b)(1).) The issue of intent is irrelevant. While there is evidence that Defendant's belated payment was uninten
Ÿonal, nothing in sec
Ÿon 1281.97 as dra
Led depends on the intent or good faith. Therefore, the reason for the failure to pa...

Excerpt: ...d complaint "opens" the default — entitling defendant to plead to the amended complaint. (Engebretson & Co., Inc. v. Harrison (1981) 125 Cal.App.3d 436, 442-443; Ostling v. ü)ring (1994) 27 cal.App.4th 1731, 1744; crestmar owners Ass'n. v. stapakis (2007) 157 calApp.4th 1223, 1231.) Defendants who defaulted to the original complaint must be served with an amended complaint containing the substantive changes. In effect, plaintiff waives the rig...

Excerpt: ...extent these documents exist as part of the court record or file, but not for the truth of the matters stated therein, unless the matters are indisputably true. (Evid. Code, S452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Exhibits 2, 4, 6, 8, IC)-15 (court orders): Granted as judic...

Excerpt: ...LC (LIM). Plaintiff alleges that she and 32 other foreign investors invested $16.5 million into the Partnership and that in return each would receive a limited partnership interest in order to develop a commercial real estate project in Riverside County. Defendant Glory Investment, an affiliate of AERC, received a short-term loan from the partnership. Additionally, the general partners charged management fees, consulting fees, etc. Plaintiff file...