Excerpt: ...� 13557(b)(3)(A)(B)(C)(i).) Evidence Code § 664 creates a rebuttable presumption that blood‐alcohol test results recorded on official forms were obtained by following the regulations and guidelines of title 17 (Shannon v. Gourley (2002) 103 Cal.App.4th 60, 64‐65.) The recorded test results are presumptively valid and the DMV is not required to present additional foundational evidence (Manriquez v. Gourley (2003) 105 Cal.App.4th 1227, 1232.) ...

Excerpt: ...n asserts that she is not a resident of California, and resides in Alberta, Canada; that she does not own property nor conduct any business in California, and does not consent to jurisdiction. Dixon argues that there is no general nor specific jurisdiction in California, and that this dispute is currently being litigated in Alberta, Canada. In general, a court may exercise personal jurisdiction over a defendant who is physically present in the fo...

Excerpt: ... Wood, owned the dog, so there is no strict liability under the statutory cause of action (third cause of action). As to the common law strict liability cause of action (the fourth cause of action), ownership is not a requirement, but knowledge of the animal's vicious propensities is. Wood has met her burden of showing that she had no knowledge of prior complaints or problems with the dog and there are no facts showing that she did. As to the six...

Excerpt: ...Plaintiff's motion to reopen the case for the limited purpose of entry of the judgment pursuant to CCP §998(b)(1). The court notes that the court did not enter the dismissal pursuant to section 998, but rather dismissed because Plaintiff failed to respond to the OSC. The court noted that until Plaintiff moved to set aside the dismissal, the court lacked jurisdiction to enter judgment under CCP §998. Page 5 of 7 Plaintiff now moves for relief fr...

Excerpt: ...he amended allegations were discovered, and (4) The reasons why the request for amendment was not made earlier.” C.R.C. 3.1324(b). Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so ...

Excerpt: ...spond. [Citation.]” (Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 14 Cal.App.5th 841, 848, fn. 3.) “Even as against a special demurrer, a plaintiff is required only to ‘set forth in his or her complaint the essential facts of the case with reasonable precision and with particularity sufficiently specific to acquaint the defendant of the nature, source, and extent of his or her cause of action.'[Citation.]” (County of Santa Clara...

Excerpt: ...aud/false promise‐implied in fact agreement). These causes of action have been reviewed by the Court in several previous demurrers filed by other parties in this action. The first through fourth causes of action still are not sufficiently pleaded and have not addressed problems previously identified by the Court in its prior rulings. The Second Amended Complaint fails to clearly set forth what agreements existed between GGMP Veterans/Montoya an...

Excerpt: ...Department 5. Factual and Procedural Background: Plaintiff was employed by defendant California Cemetery and Funeral Services, LLC (“California Cemetery”) starting February 2015 and his termination in August 2018. He took time off work for hernia repair surgery in April, 2016. He alleges when he returned to work, his doctor placed him on modified/light duty for approximately 3 months. He contends that after his return, he was a target of hara...

Excerpt: ...439.) A written contract may be pleaded verbatim or generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198‐199.) Alternatively, a written contract can be pleaded by attaching a copy of the complaint and incorporating it by reference. (Davies v. Sallie Mae, Inc. (2008) 168 Cal.App.4th 1086, 1091.) In this case, Cross‐Complainants do not allege t...

Excerpt: ...th cause of action with 30 days leave to amend. The motion to strike punitive damages is moot as the Court is granting leave to amend. Otherwise, the motion to strike is denied. FACTUAL / PROCEDURAL CONTEXT Plaintiff, Jose Orozco‐ Carreon, alleges that on 12/23/17, he purchased a new 2018 KIA Optima from Defendant, Kia Motors America, Inc.'s (KMA) authorized retailer, which was manufactured and/or distributed by KMA. Plaintiff alleges the vehic...

Excerpt: ... to the third amended complaint (TAC) and the motion to strike [and has considered the oral arguments of counsel]. The TAC alleges causes of action for (1) dissolution, (2) accounting, (3) breach of fiduciary duty and constructive fraud, (4) conversion, and (5) unfair business practices. The matter arises out of the operation and later distress sale of plaintiff A#1 Services Heating and Air Conditioning, Inc.'s (A#1) assets and goodwill to Grange...

Excerpt: ... of rape and molestation by her stepfather, Richard Fitzgerald (“Fitzgerald”). She contends that her mother, Kathleen Denise Bingly (“Bingly”), was aware of the abuse, but took no action. She alleges that she reported the abuse to two different Bishops with defendants The Church of Jesus Christ of Latter‐day Saints and Corporation of the President of the San Diego California Stake – The Church of Jesus Christ of Latter‐Day Saints (c...

Excerpt: ...roup (1996) 48 Cal. App. 4th 471, 487.) Pursuant to Cal. Rules of Court, Rule 3.1324(a), a motion to amend a pleading before trial must include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous pleadings and must state what allegations are to be added or deleted. (CRC 3.1324(a)(1)‐(3).) The motion must also be supported by a separate declaration. The declaration must specify: (1) the effe...

Excerpt: ...n is inconsistent regarding the number of aggrieved employees. The declaration of Aiwazian at ¶ 9 says 185, but the same declaration at ¶ 74 says 202. That inconsistency must be explained. 3. The estimates of the value of the various claims are all based on certain assumptions. See, e.g., ¶ 33 (“assuming that it could be proven the Defendant failed to pay an hour of overtime every workweek”) and ¶ 39 (“assuming that it could be proven t...

Excerpt: ...of Action – Violation of Labor Code §1102.5 Defendant argues that Plaintiff fails to establish a prima facie case because there is no causal connection, since it asked him to stay. It also argues legitimate business reason based on the investigation. Plaintiff argues temporal proximity for prima facie and pretext. Labor Code §1102.5(b) precludes an employer from retaliating against an employee for disclosing information to a government, law e...

Excerpt: ...field, retired Judge of the Los Angeles Superior Court under assignment by the Chief Justice. Plaintiff has brought three discovery motions: (1) Motion to Compel Further Responses to Requests for Production (RFP) of Documents; (2) Motion to Compel Further Responses to Special Interrogatories (SI); and (3) Motion to Compel Further Responses to Requests for Admission (RFA). The Court has read and considered all written submissions in connection wit...

Excerpt: ...are deemed essential to protect against unreasonable examinations and to safeguard the examinee's bodily and mental privacy and other constitutional rights. (Reuter v. Superior Court (1979) 93 Cal.App.3d 332, 343.) In addition, and ostensibly for the same purpose, the court in its order must set forth certain details of the examination: “An order granting a physical or mental examination shall specify the person or persons who may perform the e...

Excerpt: ... the examination, as well as the identity and the specialty, of the physician who will perform the examination.” (Code Civ. Proc., §2032.220(c).) The defendant's demand specified that the exam would include “the taking of a complete medical history,” but did not specify any condition regarding the signing of a consent form, the showing of identification, or the presence during the examination of other members of the examining doctor's staf...

Excerpt: ...btor exam set for 8/11/21 is hereby vacated. FACTUAL / PROCEDURAL CONTEXT This is a post judgment Motion to Quash the order for examination of a third party and the concurrently served subpoena duces tecum. The underlying action commenced in February 2007 by Martha Clohecy, by and through her Guardian In Litem, Darcy L. Clohecy (“Judgment Creditor”) for the claims of (1) Dependent Adult Abuse; (2) Negligence; (3) Fraud; and (4) Violation of P...

Excerpt: ...wings & Merrill LLP (2014) 59 Cal. 4th 568, 573 [quoting United States Liab. Ins. Co. v. Haidinger‐Hayes, Inc. (1970) 1 Cal.3d 586, 594] [internal quotation marks omitted]. See also Hayes v. County of San Diego (2013) 57 Cal. 4th 622, 629 [to support a finding of negligence, a plaintiff must show that the defendant had a duty to use due care, that he breached that duty, and that the breach was the proximate or legal cause of the resulting injur...

Excerpt: ...of Civil Procedure (CCP) section 427c(t), pertaining to the defendant's compliance with Labor Code (LC) section 226(a)(8) which provides that “[a]n employer…shall furnish to his or her employee…an accurate itemized statement in writing showing…(8) the name and address of the legal entity that is the employer…” The parties agree that a company can list its registered fictitious name and still comply with LC section 226(a)(8). However, ...

Excerpt: ... action for fraud based on concealment are: (1) The defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed ...

Excerpt: ...as not cited any authority indicating that the exhaustion of remedies rule does not apply to summary adjudication orders. Petitioner must exhaust all administrative remedies and wait for a final administrative judgment or order before seeking writ review. Factual and Procedural Background: Real Party in Interest Eva Aguilar (“Real Party”) was employed by the Sheriff's Department (“Department”) of Petitioner Riverside County (“Petitioner...

Excerpt: ...s are ordered to prepare an updated case management statement. FACTUAL / PROCEDURAL CONTEXT This is a dental malpractice action. Plaintiff Emilio Guevara (“Plaintiff”) alleges that he presented for tooth pain and dental care to Sohal and Pham Dental Corporation dba Perris Modern Dentistry (“Dental Office”) on November 3, 2017, at which time defendant Sherly Sohal, DDS (“Dr. Sohal”) placed temporary dental crowns. Permanent crowns were...

Excerpt: ...hin 20 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Jorge Espinosa (plaintiff or Espinosa) alleges that beginning on 10/15/15, when he was a minor and a student at Perris High School, he was sexually molested for approximately one year by defendant Gerardo Regalado (Regalado), a faculty member and volleyball coach at the school and employed by defendant Perris Union High School District (District). (FAC, ¶ 12.) The first amended complaint (“FA...