Excerpt: ...s incurred (Regional Steel Corp. vs. Superior Court (1994) 25 Cal. App. 4th 525, 528). Indemnity may arise from either of two general sources: by virtue of express contractual language establishing a duty in one party to save another harmless if specified circumstances occur; or it may find its source in equitable considerations brought into play by contractual language not specifically dealing with indemnification or by the equities of the parti...

Excerpt: ...ef. It should be noted; however, that the notice of motion includes demurrer to the 1st cause of action for nuisance, but thereafter the demurrer is silent as to the 1st cause of action. Defendant asserts that the 3rd, 4th and 10th causes of action should be sustained without leave to amend as Plaintiffs have failed to cure the previously‐adjudicated defects in their Original Complaint after the court granted them leave to amend. Defendant Will...

Excerpt: ...tor of the Estate was issued by the State of Texas. Code of Civil Procedure section 1913(b) states that the authority of a personal representative “does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.” The disability of a for...

Excerpt: ...l date of June 8, 2018, and at the same time discovery was reopened. The Hamodots have had sufficient time to prepare for trial. (A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068 [defendant named as a Doe defendant approximately one month before trial].) Overruled as to the first, second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth causes of action, as well as defendants' challenge to the sufficiency of the a...

Excerpt: ...o bring the claim. As plaintiff notes, the Ex. 3 Endorsement establishes that BARCLAY was insured under the Policy, and except for stated conditions, is subject to all of the terms and provisions of the Policy. At Second Amended Complaint (SAC) §61, plaintiff alleges various reasons why it is entitled to coverage under the Policy and Endorsement. Plaintiff has adequately stated sufficient facts to alleged a cause of action for breach of contract...

Excerpt: ...t it is not a party to the CC&Rs it is alleged to have breached by placing a lock on the entry door to the subject property. For the following reasons, the demurrer is granted without leave to amend: MCS is not a party to the CC&Rs. The First amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements...

Excerpt: ...) as the prevailing parties on their anti‐SLAPP motion. In opposition, Plaintiff asserts that there was no need to file 3 separate motions to strike, rather than just one. Defendants in reply stated they attempted to file a joint motion but it was rejected by the court as an entry of default had been entered against Sun Salt Sand. In addition, Defendants point out that only $985 .00 of the requested total was related to the second motion, which...

Excerpt: ...ongBeverly Act based upon the alleged defective “HVAC, SRS and electrical system.” (Compl. ¶¶ 17, 35, 46.) Now Plaintiff seeks leave to amend to add claims for fraudulent concealment and fraudulent inducement based upon another alleged defect, the Theta II engine. Plaintiff argues that “[a]s a result of Defendant's fraudulent misconduct, Plaintiffs purchased a defective automobile to their detriment. Plaintiffs have since experienced ...

Excerpt: ... of 3 More importantly, the Motion was not supported by declaration containing the information required under Rule 3.1324(b). The Motion is supported by the Declaration of Jessica R. Underwood, who indicates that Plaintiff was deposed on March 16, 2018 and testified as to Hurtado's involvement with the vehicle. However, the declaration does not state that the information was discovered at the deposition or why leave to amend was not sought earlie...

Excerpt: ...rrence. Further, because the County establishes that it is reasonably probable it will prevail on the merits, there is a rebuttable presumption that the potential harm to the public outweighs the potential harm to the defendants. (See City of Corona v. AMG Outdoor Advertising, Inc. (2016) 244 Cal.App.4th 291, 299.) Thus, because neither BPL nor Corral argues that they will suffer any harm through the issuance of a preliminary injunction, there is...

Excerpt: ...tion provision in the operating agreement. For the following reasons, the motion is denied: The parties are involved in litigation with third parties arising out of related transactions that create the possibility of conflicting rulings on a common issue of law or fact. The court may refuse to compel arbitration where “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, aris...

Excerpt: ...revailing party to submit proposed judgement order and to give notice. There are no allegations that WFG owed an independent fiduciary duty to Jeffrey. Hence, this cause of action is based on WFG's alleged conscious decision to participate in tortious activity by assisting Aaron in breaching his fiduciary duty by entering into the various business transaction with Sunset without Jeffrey's knowledge or consent. The business transactions at issue a...

Excerpt: ...s‐Complaint. Thereafter, the notice states that “F.I.R. Affiliates, Inc., a California Corporation dba. Fire Insurance Repair Experts, Juliette Zuccolotto, an Individual, Greg Zuccolotto, an Individual, Sylvia Aden, an Individual, [sic] seek an order sustaining general and special demurrer [sic] to the [sic] all cause [sic] of action in defendant [sic] Guadalupe Puga; Jimmy Meza's 1st Amended Cross Complaint” and then, after setting forth t...

Excerpt: ... present sufficient evidence to show a reasonable probability of success. Indeed, plaintiff's opposition fails entirely to address and distinguish the applicable immunities that prevent him from meeting his burden on the second prong. Additionally, plaintiff's Page 2 of 2 memorandum of points and authorities in opposition to the motion reference exhibits but no such exhibits were attached. ...

Excerpt: ...a “cross‐complaint”) is overruled. Granite shall serve and file its answer the complaint in intervention no later than May 29, 2018. Analysis: The demurrer will not be sustained, because there is no evidence that Granite complied with Code of Civil Procedure section 430.41, subdivision (a), which expressly requires the demurring party to meet and confer “in person or by telephone . . . .” On the merits, the challenge to the first cause ...

Excerpt: ...s of its sixth cause of action are sufficient to support a defamation cause of action. See Quelimane Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38‐39 (if the essential facts of some valid cause of action are alleged, the complaint is good against a general demurrer). With regard to the remaining causes of action, the allegations of the Complaint are sufficient for pleading purposes to support the causes of action as alleged agai...

Excerpt: ...o the defendant rather than being distributed to the class? (Order, ¶ 6.) 2. The release described in the settlement agreement purports to release all claims arising out of the sale of the property, and thus is considerably broader than the claims described in the complaint, and is broader than the release described in the notice. Why does the proposed release not conform to CMO#2, § H.6.b? 3. Why is the partial SSN sought on the exclusion form...

Excerpt: ...spects: ¶ E.3.b. Where is the evidence of the estimate of the total number of alleged individual violations? ¶ E.4.c. Where is the evidence of the estimate of the penalties for which the defendant would be likely to be found liable at trial? ¶ E.4.e. Where is the evidence of how the amount of the agreed‐upon penalties was calculated? Page 2 of 5 ¶ E.6.a. Baker appears to say that the maximum value of the plaintiff's wage and hour claims is ...

Excerpt: ...ary v. Superior Court (2014) 223 Cal.App.4th 726 for the proposition that an admission eliminates the need for proof. But, St. Mary was a discovery dispute and the court was merely discussing the purpose of a request for admission—not the procedure to how to enforce it. The issues raised here are trial issues. ...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: ...ue burden and expense.” [CCP § 2030.090(b). Plaintiff seeks myriad forms of often inconsistent relief. This motion is brought on the grounds that Defendant's discovery … involves considerable burden requiring additional time to respond; exceeds the permissible scope of discovery by seeking regarding certain personal medical information and documents of the Plaintiff as well as attorney‐client privileged and work product doctrine informatio...

Excerpt: ...attorney Harry Kaladjian. Cross‐Cross‐Defendants Susan Weber, Hrair aka Harry Kaladjian and Hrair Kaladjian dba Kaladjian Law Office are to give notice pursuant to CCP 1019.5, forthwith. Page 2 of 6 Cross‐Defendant/Cross‐Cross‐Complainant Walter Tighe (“Tighe”) filed a Cross‐CrossComplaint against Cross‐Complainant/Cross‐Cross Defendant Susan Tighe Weber (“Weber”) and her attorney Cross‐Cross Defendant Harry Kaladjian al...

Excerpt: .... Receiver, Eric Beatty, was appointed as a H & S Receiver on December 12, 2011. At the CMC held on September 7, 2017, the court directed Receiver to file and serve a report addressing both the status and feasibility of rehabilitating the mobile home park. On October 27, 2017, Receiver filed a report. A further hearing was held on November 30, 2017, OSC re: Discharge of Receiver at which time the court instructed Receiver to submit a further repo...

Excerpt: ...vides no basis for application of Gov. C. §815.6. Moreover, as discussed in Hoff vs. Vacaville Unified School District (1998) 19 Cal. 4th 925, 939, Ed. C. §44807 requires teachers to hold pupils to a strict account for their conduct, and does not purport to impose a mandatory duty more broadly on any public entity. Ed. C. §44807 merely imposes a discretionary duty to supervise the conduct of pupils. Nothing in Ed. C. §44807 requires that any ...

Excerpt: ...ect.] Portions of HOBRA suggest that foreclosure proceedings need not be pending. For example, under Civil Code §2923.6(a) (both former and current versions), the Legislature declared that mortgage services (working under a pooling and servicing agreement) acts in the best interest to implement a loan modification agreement if the loan is in default or default is reasonably foreseeable and anticipated recovery under a loan modification exceeds t...

Excerpt: ...n is required to be added to the 16 court days required under Code of Civil Procedure section 1005, subdivision (b), when service is done electronically. The joinder was electronically served on 4/23/18. This only provided 16 court days of notice, plus 1 court day for electronic service. Therefore, the notice was shorter than required. However, the plaintiff opposed the motion on the merits without objecting to the insufficient notice. Therefore,...

Excerpt: ...4‐30‐18. The Right to Repair Act describes the exclusive remedy for deficiencies in residential construction, “except as specifically set forth” in the Act. (Civ. Code, § 896.) The exceptions are described in Civil Code section 943, which provides that “[e]xcept as provided in this title, no other cause of action for a claim covered by this title or for damages recoverable under Section 944 is allowed. In addition to the rights under t...

Excerpt: ...location. (Undisputed Material Facts (UMF) Nos. 10 to 11 and declaration of Ned Wolfe at ¶¶ 9 and 12, citing to Exhibits C to E; declaration of Rodney Tidwell at ¶¶ 2 to 3.) Plaintiff sufficiently identified the dangerous condition when she agreed in her deposition testimony that she “stepped on this traffic box and that caused [her] foot to roll.” (UMF Nos. 4‐7; See plaintiff's deposition, pg. 43, lines 19‐21, attached to declaration...

Excerpt: ...o the court's analysis. The motion for summary judgment is DENIED. The motion for summary adjudication is granted in part, and denied in part as follows: 1 st cause of action (breach of oral contract): GRANTED. Defendant met his initial burden that Plaintiffs cannot establish the existence of any contract and that their claim is barred by the statute of frauds. The burden shifts to Plaintiffs, but Plaintiffs failed to produce sufficient evidence ...

Excerpt: ...fendant FAC US, LLC is to produce its Person Most Knowledgeable and Custodian(s) of Records within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiffs are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. There is no dispute as to whether Plaintiff is entitled to the requested PMK deposition to authenticate documents produce...

Excerpt: ...000 plus interest from November 1, 2010 to present; on the seventh cause of action for breach of loan in the amount of $150,000 plus interest at 5.6% from November 1, 2010 to present; on the tenth cause of action for $20,000…On the twelfth and thirteenth causes of action for partition of real property it was stipulated that plaintiffs own an undivided 50% of each parcel and defendants own an undivided 50% interest of each parcel. The court find...

Excerpt: ...hen the hearing may be continued to afford the defendants statutory notice. If the defendants do not oppose the motion, then the issue of the length of service is moot, and the court may either deny the motion or continue the hearing to allow the plaintiffs sufficient time to address the following: 1. The notice of motion states that the motion is made pursuant to “this Court's July 6, 2015 Class Action Case Management Order.” But that order ...

Excerpt: ...o be paid to Plaintiff's counsel within ten (10) days of the date of the Court's order. The proposed order will be signed after being modified to conform to the Court's ruling. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This First Amended Complaint (“FAC”) for breach of contract and declaratory relief raises one issue, that is, whether a provision in Defendant Sunrise Racquet Club Owner's Club's...

Excerpt: ...s own attorney do not constitute items for which a motion for relief under CCP 473(b) may be granted. “When a litigant is appearing in propria persona, he is entitled to the same, but no greater, consideration than other litigants and attorneys [citations]. Further, the in propria persona litigant is held to the same restrictive rules of procedure as an attorney…” (Burnete v. La Casa Dana Apartments (2007) 148 Cal. App.4th 1262, 1267.) Mist...

Excerpt: ...on January 25, 2016. King added Defendants Cox, Castle & Nicholson, LLP, Paul Titcher and Adam Englander Page 3 of 7 (collectively “CC&N Defendants”) to his Second Amended Complaint (“SAC”) filed on April 27, 2017. The SAC alleged the causes of action against the CC&N Defendants for RICO violations, Intentional and Negligent Misrepresentation and UCL violations. On June 23, 2017, CC&N Defendants filed their demurrer to the SAC. The court ...

Excerpt: ...st for Judicial Notice is granted pursuant to Evidence. Code § 452(c) and of recorded documents under Evidence. Code § 452(d) and (g). The Complaint is uncertain, ambiguous and unintelligible. It is unclear whether res judicata applies because the facts as alleged in the Complaint are too thin, i.e., whether they arise out of the same facts alleged in the prior action filed by Plaintiff cannot clearly be deciphered. The facts are also insuffici...

Excerpt: ...r sustained without leave to amend as to the 2nd cause of action. Demurrer overruled as to remaining causes of action. The foundational premise of this combined second amended petition for: (1) writ of administrative mandate, (2) writ of mandate, and complaint for (3) breach of contractspecific performance of 2004 settlement agreement, (4) breach of implied covenant of good faith and fair dealing, (5) declaratory relief‐Sustainable Groundwater ...

Excerpt: ...n entity that has not been named in this litigation. In addition, the SDT seeks any records provided to the Riverside County District Attorney in connection with the criminal action. Defendant Richard Meaney moves the Court to quash the SDT served on First Republic Bank to obtain documents related to a Union Abbey, Inc. bank account. The court is authorized to order a subpoena quashed, modified, or that compliance be directed, with or without lim...

Excerpt: ...dence proving an effective service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.) The request for sanctions is denied for failure to comply with the 21 day waiting period. (Code of Civil Procedure sections 128.5(f) & 128.7(c)(1); Nutrition Distribution, LLC v. Southern Sarms, Inc. (2018) 20 Cal.App.5th 117, 127.) Plaintiff Mireya Arias and her attorney, Rogelio V. Morales, are Ordered to appear and show cause, if any,...

Excerpt: ...t belong to them, fraudulently sold it and retained the profits. As stated by the U.S. Supreme Court: Page 2 of 2 [W]hen claims to the property itself are the source of the underlying controversy between the plaintiff and the defendant, it would be unusual for the State where the property is located not to have jurisdiction. In such cases, the defendant's claim to property located in the State would normally indicate that he expected to benef...

Excerpt: ...In exercising its discretion to grant or deny the motion, the court must take into consideration any relevant matter, including the following. The necessity and reasons for the additional discovery sought: • The diligence or lack of diligence by the party seeking discovery, and the reasons why the discovery was not completed or the discovery motion heard earlier; • Whether, permitting the discovery or granting the discovery motion will likely...

Excerpt: ...ncloud (1997) 56 Cal.App.4th 91, 96‐97.) Page 2 of 2 Second, any demurrer must dispose of the entire cause of action, not merely some of the claims alleged in that cause of action. The defendant ignores that rule. For instance, in the first cause of action, Plaintiff has pled violations of Labor Code §201‐ 202, 226.2, 227, 510 and 1194. (FAC ¶16‐17.) Defendant has attacked sections 201, 202 and 227, but does not address why sections 226.2...

Excerpt: ...nature and expected duration of the plaintiff's disability, and shall be filed no later than May 29, 2018. Analysis: When the Court sustained the prior demurrer in part with leave to amend, the Court did not expressly limit the scope of the amendment. Moreover, the court's CMO requires the parties to meet and confer about proposed amendments and directs that consent to amendment shall not be unreasonably withheld. The defendant has not explained ...

Excerpt: ...dent. Taylor filed his Answer and Cross‐Complaint on 12/27/17 alleging that he was not the owner of the car and to the extent that his name was on the title, it was the result of elder abuse by Cyress Coast Nissan, Inc. and his son. On February 13, 2018, Dean Taylor passed away before his motion for trial preference could be heard. Dean Taylor's wife, Barbara Taylor substituted in as successor in interest and now moves for a trial preference ba...

Excerpt: ...ith and Fair Dealing is based upon allegations that after Plaintiff Dreyfus had invested substantial funds and efforts in establishing Coachella Valley Growers, LLC and CV Pharms, Defendant Elsasser took advantage of a severe illness that rendered Dreyfus hospitalized and unable to participate in the business operations; that during this time, Elsasser engaged in a scheme to seize control of their business, exploit the Conditional Use Permit (“...

Excerpt: ...an male of approximately 50 years of age, 5'8” 150 pounds with salt and pepper hair “Person in Charge” at 290 Broadhollow Road, Suite 301, Melville NY 11747 on 2/23/18 at 10:43 a.m. The Proof of Service (“PoS”) states that it was served by James D. Cozens‐ Sano Attorney Service, P.O. Box 1568, Riverside, CA 92502 and states he is a registered California process server, Registration No. 0847484, but lists County as Suffolk County, whic...

Excerpt: ...ndant's right to appear in in the action, and a defendant has no right to participate in the proceedings until either his or her default is set aside or default judgment is entered. See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385‐86. Thus, the entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App....

Excerpt: ...ging that he increased the risk to himself and the public by driving while intoxicated and, despite this knowledge, defendant drove the vehicle which plaintiff alleges caused the accident. (Complaint, ¶¶ 11‐ 12.) Prevailing party to give notice. Prevailing party to give notice. ...

Excerpt: ...chin (“Chernuchin”) arise out of an alleged breach of contract for failure to pay attorney's fees related to different litigation wherein Plaintiff Knez Law Group LLP (“Knez”) provided Chernuchin legal services. Chernuchin asserts that all four causes of action fail as a matter of law because Knez failed to allege that Chernuchin was provided with notice of her right to client fee arbitration. Knez asserts that the notice was served on Ch...

Excerpt: ...o authority was provided to the Court that a general allegation of ownership and/or control is insufficient for pleading purposes. A Complaint is not defective because of an allegation of joint ownership and control. (More v. City of San Bernardino (1931) 118 Cal.App. 732, 737. Gov. Code § 830(c).) Less particularity is required where the defendant may be assumed to possess knowledge superior to that possessed by the plaintiff. Finally, the Comp...