Excerpt: ...r the 5th cause of action, which is sustained without leave to amend as noted above. FACTUAL / PROCEDURAL CONTEXT This is a real estate sales dispute by Plaintiff Sean Wycliffe against Defendants Richard Priebe, Barbara Priebe, Robert O'Neill, and Jacqueline O'Neill. The First Amended Complaint sets forth 6 causes of action for 1) breach of contract for sale of real property, 2) breach of implied covenant of good faith and fair dealing, 3) fraud ...

Excerpt: ...t to the fifth cause of action, the Court permits Plaintiffs leave to amend this cause of action to assert a claim under Education Code §220. Defendant Carter's Demurrer: The Court overrules the demurrer as to the eighth cause of action. The Court sustains the demurrer as to the ninth cause of action with 30 days leave to amend. Defendants' Motion to Strike The Court grants the motion to strike the punitive damages requests against Defendant Dis...

Excerpt: ... THE UNIVERSITY OF CALIFORNIA'S NOTICE OF MOTION AND MOTION TO STRIKE TO PLAINTIFF KYLEE LEACH'S SECOND AMENDED COMPLAINT; DECLARATION OF ALALEH T. KHOSROWPOUR Tentative Ruling: The Court overrules Defendant Regents' demurrer to the first, second and fourth cause of action. The Court sustains with 20 days leave to amend the fifth cause of action. The Court denies the accompanying motion to strike. The Court denies Brewer's Ledge's motion to strik...

Excerpt: ...skilled nursing facility arguably relates to “the physical or mental condition” of an individual within the meaning of HIPAA.” (See 45 CFR § 160.103 (“Health information means any information … that … [r]elates to the past, present, or future physical or mental health or condition of an individual”).) As such, the information sought in the interrogatories in the present case appears to be subject to HIPAA protection. However, HIPAA...

Excerpt: ...ciations, (and now is known as the Conference of California Bar Associations) from approximately 1999 through 2003. My late wife and I once had dinner at the home of Ms. Stewart and Mr. Mangini 10 years or more ago. More recently, my current wife and I, together with another couple, had dinner together at a restaurant sometime in 2019. The Court does not believe that this limited and infrequent social relationship requires the Court to recuse its...

Excerpt: ...aw‐B&P Code 17200, (4) violation of California False Advertising Law‐B&P Code 17500, and (5) declaratory relief is that contracting work done under the government PACE program to make Plaintiff's home more energy efficient was defective and incomplete and that Plaintiff was not told that the financing costs would be added to her property taxes. The Ygrene PACE financing program at issue here operated under authority of California Senate Bill ...

Excerpt: ...1, Plaintiff Physicians filed the complaint in this action alleging three causes of action for: (1) Breach of Contract (as to Brian Yost), (2) Breach of Contract (as to Christina Pantazopulos), and (3) Accounting. Now before the court is Defendant Group's demurrer to the first and second causes of action for Breach of Contract. The Complaint alleges as follows: In July 2019, each of the Physicians entered into written agreements with essentially ...

Excerpt: ... Plaintiff alleges that she was comatose during the first two weeks of her admission. In her 5th AC Plaintiff has abandoned her c/a for medical negligence and now asserts cs/a only for (1) fraud and (2) elder abuse. The 5th AC is also less factually specific than the 4th AC because Plaintiff has omitted specific factual allegations regarding the direction of Plaintiff's care by her physicians, allegations that the court previously found contradic...

Excerpt: ...brady Hampton (plaintiff or Hampton) who alleges that he is an African American male and was employed as a personal trainer at defendant Fitness 19 (defendant or Fitness 19) located at 26100 Newport Road in Menifee from 11‐26‐13, until he was terminated 3‐1‐19. Plaintiff alleges he is disabled due to a hip injury suffered in a car accident and defendant failed to accommodate his disability. Plaintiff alleges he was required to lift or mov...

Excerpt: ... for personal injury from a slip and fall. Plaintiff alleges that, while shopping at a 99 Cents Only store, he sustained injuries from falling on a puddle of water that was on the floor of the store. The First Amended Complaint (“FAC”), which is the operative pleading, was filed in this case on April 17, 2019, naming 99 Cents Only as the sole defendant, for two causes of action: (1) General Negligence and (2) Premises Liability. Bhullar was l...

Excerpt: ...ire deposition subpoena is denied. Their request that the subpoena be modified is granted. The subpoena is modified as follows: • The scope of the subjects on which Huskey may be deposed is limited to: o The trailer on Dennis Babcock's property; o The garage on Dennis Babcock's property; Page 3 of 4 o The nature and extent of any personal property stored in either the trailer or the garage; o The removal of any personal property from either the...

Excerpt: ...erminating sanctions was heard. It was again brought by Plaintiffs due to Defendants' failure to comply with discovery orders. The Court granted the request for monetary sanctions, but denied the request to strike the answer since discovery responses where provided before the hearing date. This motion was opposed. On 11‐3‐20, the Court heard a third motion for terminating sanctions brought by Plaintiffs against Defendant. This motion was unop...

Excerpt: ...P Guardian”) as a nominal defendant. On or around December 4, 2018, Plaintiff and Defendant together took out a loan (the “Loan”) and purchased property in Idyllwild, California known as the Fireside Inn (the “Property”) as joint tenants. (Complaint, ¶¶ 11‐15, Exhibit 1.) The loan is secured by a deed of trust recorded on December 4, 2018, and by assignment dated September 10, 2019, the lender (the “Lender”) assigned its interes...

Excerpt: ...135, fn. 1.) Decedent's criminal history may be relevant in the defense of the wrongful death claims, but these records are not relevant to the issues raised by the Motion to Quash. It is not clear how these criminal records affect the relevancy or privacy implications of Plaintiff's medical or employment records. Accordingly, the request for judicial notice is denied. A deposition subpoena for production of business records may be used to obtain...

Excerpt: ...); No. 20 (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendan...

Excerpt: ...because she does not provide evidence of a reasonable probability of success. To the contrary, the Sellers' opposition demonstrates that the probability of success weighs in their favor. For purposes of the preliminary injunction, the Sellers are only required to demonstrate that plaintiff is unable to meet her burden to show a reasonable probability of success. Plaintiff's declaration contended that the Sellers and their agent defendant Bock adv...

Excerpt: ...ause Hyundai offered to repurchase the car prior to the time the lawsuit was filed that the amount owed to her was definite and calculated. Alternatively, she asserts this Court should award prejudgment interest in its discretion, under Section 3287, subdivision (b). The Court disagrees and finds that Griffith has failed to demonstrate that her damages were “certain or capable of being made certain by calculation” prior issuance of a jury ver...

Excerpt: ...r Court (2002) 29 Cal.4th 473, 481‐484; Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 984, 988‐993.) The court will entertain oral argument as to whether the demurrer should be sustained with or without prejudice. Plaintiff has brought suit against defendant pursuant to the Song‐Beverly Consumer Warranty Act, aka ‘the Lemon Law.' (Civ. Code, § 1790, et seq.) Cause of action (“COA”) number one alleges a breach of ...

Excerpt: ...less the City requests oral argument and can articulate what additional injunctive remedies are necessary at this stage. As to the motion to set aside default, the Court orders this motion off calendar. Defendant 1445 University Ave LLC is a corporation and cannot be self‐represented; as such, the motion is improper. FACTUAL / PROCEDURAL CONTEXT This is a complaint for nuisance abatement and appointment of a receiver brought by plaintiff City o...

Excerpt: ...formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clement v. Alegra (2009) 177 Cal.App.4th 1277, 1294.) The level of effort at informal resolution which satisfies the 'reason...

Excerpt: ...ligent conduct and the injury; and (4) resulting loss or damage. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The first element, standard of care, is the key issue in a malpractice action and can only be proved by expert testimony, unless the circumstances are such that the required conduct is within the layperson's common knowledge.” (Ibid.) Plaintiff's separate statement does not dispute facts 89‐95, which state that medical ca...

Excerpt: ...d causes of action for Battery and Intentional Infliction of Emotional Distress. The Court grants the Defendants' Motion to strike portions of the pleading without leave to amend. Defendant to file an answer within 20 days from today's date. FACTUAL / PROCEDURAL CONTEXT This is an action for damages for injuries sustained through bed bug bites in a hotel room. On April 04, 2019, Plaintiff filed the complaint in this action alleging five causes of...

Excerpt: ...hall designate…a date not more than 30 days after filing of the notice.” (CCP §418.10(b).) This motion was not filed within thirty days of the date the proof of service was filed – the proof was filed on March 12th and the motion was not filed until April 19th. However, “the trial court is authorized to extend the time for filing such a motion.” (Olinick v. BMG Entertainment (2006) 138 Cal.app.4th 1286, 1296.) The motion is accompanied...

Excerpt: ...ahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once this burden has been met, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. (Ibid.) ...

Excerpt: ...avid Smith, filed with this Court on October 4, 2019; (D) Statement of Decision and the Judgment after trial in Case No. RIP 1600410; and (E) Relevant portions of Celestine Barnes' trial Testimony‐ March 10‐ 11, 2020. Court documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statemen...