Excerpt: ...bestos Cases (2018) 28 Cal.App.5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dick ey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against ...

Excerpt: ...intiff seeks punitive damages against Schlinkert and Stoner. In the Complaint, Plaintiff alleges that on May 11, 2021, she was a passenger in a vehicle that came to a stop on Perris Boulevard, in Moreno Valley, California, due to traffic ahead. (Complaint at ¶ GN- 1.) Schlinkert, who was driving under the influence of alcohol and at an excessive rate of speed, collided with a vehicle driven by Stoner, who was also driving under the influence o...

Excerpt: ...of equipment, materials, and supplies used in the construction industry. Defendant Orange Coast Concrete Inc. contracted with Plaintiff for the delivery of materials to 1695 Foothill Parkway, Corona, California 92881 (the “Property”), owned by Defendants Roberto Morales, Alondra R amirez (“Ramirez”), and Ralph Hernandez (“Hernandez”). Defendant failed to pay for the materials. On December 3, 2021, Plaintiff filed its complaint allegi...

Excerpt: ...imposing lia bility for financial elder abuse. Per the language of the statute, the “property taken” must be taken as a result of fraud and/or undue influence. Plaintiff submits no evidence establishing fraud and/or undue influence, and the law does not impose a stri ct liability standard on businesses or people when they transact with seniors covered by the statute. Watermark and Orange Coast: Sustain evidentiary objections Nos. 1 -5. Gra...

Excerpt: ...ng: The Co urt grants the motion for motion for a protective order, and denies the motion to compel inspection. The Court grants the motion for special interrogatory no. 68 – said responses due in 10 days. The Court finds the remaining interrogatories are moot. The Court denies the remaining requests for production, requests for admission and form interrogatory. The Court denies the request for sanctions. Factual / Procedural Context Plaintiff...

Excerpt: ...ys of this order , only for the limited purpose of seeking discovery which relate to the following subject matters: (1) As against Plaintiffs, the new information which was purportedly brought to light only recently in January 2024 that Plaintiffs were using the vehicle for commercial purposes, which is information relevant to Lentegrity's defense against Plaintiffs' claims in the anticipated re -filing of the motion for summary adjudication and...

Excerpt: ...e escalator malfunctioned, causing Plaintiff to fall backwards down the escalator. The escalator was maintained by defendant Schindler Elevator Corp. On October 3, 2021, Plaintiff filed the form complaint alleging negligence and premises liability. Trial is scheduled for Ma y 31, 2024. Plaintiff now moves for leave to amend the complaint to allege punitive damages. Plaintiff argues that he was unaware of facts giving rise to punitive damages unt...

Excerpt: ...this to her atten tion she told him to continue wearing the dentures to encourage his gums to recede so that the dentures would fit better. That did not work, according to Huerta, and he was left without teeth, essentially, and Defendant refused to fix the problem with thes e new dentures. (Complaint ¶¶ 10 -12, 22- 26.) These allegations are insufficient to support a negligent infliction cause of action. To withstand a demurrer the complaint...

Excerpt: ...o allege f acts sufficient to properly allege that either Mr. Aguirre or Mr. Guzman were managing agents who could be held personally liable. 7th Cause of Action for Sexual Harassment (against all moving Defendants and 9th Cause of Action for Gender Based Harassment (against all moving Defendants): To establish a prima facie case of harassment under the FEHA, Plaintiff must demonstrate that (1) she suffered unwelcome harassment based on a protect...

Excerpt: ...ays leave to amend. Page 8 of 13 The Court declines to consider the demurrer on the 3rd cause of action, which is not alleged against moving cross - defendant. Factual / Procedural Context On November 20, 2023, Plaintiff Assef Sarage (“Assef”) initiated this actio n by filing the Complaint against defendants Evolution Mechanical, Inc. (“Evolution Mechanical”), Evolution Limo Service LLC (“Evolution Limo”) and Dennis M. Murray, Jr. (�...

Excerpt: ...eeding, or any other official proceeding authorized by law” are protected by the anti - SLAPP statute. “The anti -SLAPP statute does not insulate defendants from any liability for claims arising from the protected rights of petition or speech. It only provides a procedur e for weeding out, at an early stage, meritless claims arising from protected activity.” (Baral v. Schnitt (2016) 1 Cal.5th 376, 384 (emphasis in the original).) Thus, cour...

Excerpt: ...l. If 1s t Amended Complaint is not filed, Defendant is granted 20 days to file their answer from date of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a bed bug case in which Plaintiff Linda Martini alleges 9 causes of action for 1) breach of warranty of habitability (violation of Civ. Code §1941.1), 2) breach of habitability (violation of H & S Code §17920.3), 3) negligence/premises liability, 4)...

Excerpt: ...d John Min ella, which would be added to the latter's existing account and would make payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non -payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint. After the court sustained in part Defendants' demur...

Excerpt: ...d a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff...

Excerpt: ...of action. (Cal. Code Civ. Pro. §430.10(c) and (e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, a demurrer does not admit conten tions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) A plaintiff must plead only ultimate rather than evidentiary facts. (Doe v. Ci...

Excerpt: ...esert San ds Unified School District (employee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Pla...

Excerpt: ...covery an d to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff filed the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants as a...

Excerpt: ...intiff could have pursued a lawsuit at any point he felt his complaints went unanswered and nothing is pled that Defendants thwarted plaintiff from proceeding forward. In addition, Plaintiff's claim continues to be based on a non -specific narrative that, at best, Defe ndants purportedly did not report a claim to an insurance company. Alleged negligence (not reporting a claim to an insurance agency) is not tantamount to intentional misconduct. T...

Excerpt: ...expended, determine d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Ibid.) The parties agree Plaintiff is the prevailing party. At issue in this motion is the reasonableness of Plaintiff 's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d ...

Excerpt: ... (1999) 21 Cal.4th 543, 552; Las Palmas Assoc. v. Las Palmas Center Assoc. (1991) 235 Cal.App.3d 1220, 1238.) As the Las Palmas court put it, “no public policy is served by permitting a party who never intended to fulfill his obligations to fraudulently induce anothe r to enter into an agreement.” (Las Palmas Assoc., supra, 235 Cal.App.3d at 1238.) In Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, 843 (review granted), the C...

Excerpt: ... Claudio fil ed his moving papers arguing the primary issue in this matter is ownership of BPI. Claudio seeks a PI restraining Pablo from: (1) conducting or attempting to conduct any “Special Meeting of the Board of Directors” for BPI, originally noticed/scheduled for March 7, 2024 at 12:00 P.M.; (2) noticing, attempting to conduct or conducting any meeting of the Board of Directors of BPI, where one or more persons participating as “Direc...

Excerpt: ...o, with a completion date of 7/31/20. Plaintiffs allege they were targeted by Wanhoo as first -time buyers, and were promised a newly built home, which was not delivered. Plaintiffs allege that Wanhoo intended to defraud Plaintiffs of their initial deposit and had n o intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the Agreement erroneously claiming that Plaintiffs “failed to deposit into escrow written ver...

Excerpt: ...erning fraudu lent concealment, for reason Plaintiffs have failed to allege a fraud claim. The motion is granted in part to strike that portion of the FAC concerning Plaintiffs' prayer for punitive as referenced in Kia's motion to strike as to Items # 4 on pg. 3, ln. 27. Defendant Kia is ordered to file an answer to the FAC within 20 days of the order. 2. CVRI2304319 LOY VS KIA AMERICA INC DEMURRER BY KIA AMERICA INC Tentative Ruling: The demurr...

Excerpt: ...); Slayton v. Sup. Ct. (2006) 146 Cal.App.4th 55, 58, fn. 2; Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29.) For purposes of both motions, convenience to the parties and efficiency, the factual and procedural background of both motions, along with the legal a uthorities and analysis, are addressed in this Tentative Ruling. Factual and procedural background: On 6/9/22, Plaintiffs Antoinette Moreno and Gabriele Moreno filed a judicial f...

Excerpt: ...utism Spectru m Disorder (ASD). They were taught by Sunshine special education teachers Brenda Delia Chavez and Griselda Revollo, and their aides Odette Dawn Cilluffo and Vanessa Chavez. Plaintiffs allege the teachers and aides physically and psychologically abused Plai ntiffs in the form of corporal punishment and behavioral coercion between 2019 and 2022. Plaintiffs allege the abuse was openly discussed amongst the teachers' and aides' colleagu...