Excerpt: ...ails to make any effort to describe how it could be amended to state a cause of action. Accordingly, the demurrer is sustained without leave to amend. Second Cause of Action: The plaintiff has failed to allege facts demonstrating the existence of a dispute regarding the application of Government Code sections 65582, 65583, and 65589.5 to the City's actions. Therefore, the demurrer is sustained. Section 65582 is merely a list of definitions. It ne...

Excerpt: ... as to the third cause of action, intentional infliction of emotional distress. The court grants Defendant's request for judicial notice as to Exhibit A, but not judicial notice of the truth of its contents. The court grants the request for judicial notice as to Exhibit B. For the first cause of action, Plaintiffs allege no facts showing that Defendant had a mandatory duty to preserve Plaintiffs' “quasi‐property” rights to decedent's remain...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ... such that liability and damages be bifurcated. The Court grants the motion only as to “design immunity,” and will reserve ruling on any of the other issues raised in the motion until conclusion of the design immunity bench trial. “A major objective of bifurcated trials is to expedite and simplify the presentation of evidence.” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 888.) “[T]he court may, when the convenience of witnesse...

Excerpt: ... necessary and does not accept their assumption that F/ETCA would not have vigorously defended the Settlement Agreement and Protective Agreement. Even if a party meets the criteria for an award of attorney fees under CCP section 1021.5, the court may deny fees as against a litigant “who did nothing to adversely affect the public interest.” (Save Our Heritage Organisation v. City of San Diego (2017) 11 Cal.App.5th 154, 160‐161.) Even assumin...

Excerpt: ...der or dependent adult (if the plaintiff alleges oppression, fraud or malice) or with conscious disregard of the high probability of such injury (if the plaintiff alleges recklessness) [citations].” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406‐07.) Plaintiff must allege with particularity the reckless, oppressive, or malicious conduct. (Id. at 410.) To impose elder abuse damages and attorney fees on an emplo...

Excerpt: ...ions in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Plaintiff alleges that its insured owned the Quality Inn that was damaged in the fire. (SAC, ¶4) and that the fire started in Fire Origination Property, which was owned, maintained and controlled by Caltrans. (Id at ¶9.) Plaintiff asserts that the fire occurred because Caltrans deliberately designed, constructed, opera...

Excerpt: ...rcial insurance policy from Defendants USIC and White. On March 17, 2016, Plaintiffs performed window cleaning services for customer William Nicholson. On March 8, 2018, Nicholson filed a negligence action against Plaintiffs alleging that Plaintiffs left permanent scratches on all of the windows that were cleaned. On May 5, 2018, Plaintiffs formally tendered the Nicholson trial defense and indemnity to USIC. On May 8, 2018, Defendants denied cove...

Excerpt: ...05, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records disclose an absolute defense to the action or deficiency in the complaint, the matter can be adjudicated at the demurrer hearing. (Bistawros v. Greenberg (1987) 189 Cal.App.3d 189, 192.) Defamation/Public Disclo...

Excerpt: ...vil Code section 52, the Unruh Act, authorized fee award to a person “denied the rights provided in Section 51, 51.5, or 51.6.” (Id. at 490.) Based on that language, the court rejected Doran's entitlement to attorney fees because the legislative history of the fee shifting statute demonstrated that the intent was to impose liability for attorney fees on “only violators of the Unruh Act”. (Id. at 491.) Because the accepted offer was silent...

Excerpt: ...vocable license; (3) estoppel; (4) breach of contract; (5) quantum meruit; and (6) specific performance. Plaintiff's complaint, at its core, seeks to enforce agreements that are unenforceable with a public entity in the absence of City Council approval. Plaintiff's opposition fails to demonstrate any approval by the City Council of his alleged oral agreement and this court cannot force the City to abide by the terms of an agreement it did not app...

Excerpt: ...s is resolved, the tentative is as follows: The Court grants the motion for trial preference. The Court orders counsel to appear to select a trial date within 120 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Donna Pucio alleges that on 12/6/18 she was driving with Plaintiff Sieglinde Lakshin as a passenger on westbound Route 60 when Defendant Jesus Bautista Loya, who was driving eastbound, lost control when he came into contact with a flooded are...

Excerpt: ... may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract.” C.C.P. § 1030(a). In the motion, the defendant must show that the plaintiff resides out of the state and that there is a reasonable possibility that it will obtain judgment in the action. The majority of Plaintiff's ...

Excerpt: ...rmance cause of action is premised on an alleged option to purchase attached to a commercial lease agreement. (Exhibit A to the Notice of Errata.) Plaintiff has not provided any legal authority that an option to purchase is the same as an installment land sale contract/real property sales contract as contemplated by Civil Code § 2985. There is no contract to purchase property between the parties. Rather Plaintiff is seeking to enforce an option ...

Excerpt: ...stay orders from the United States District Court for the Western District of Texas San Antonio Division in Case No.18‐CV‐462. Receiver's motion to intervene is made under Code of Civil Procedure section 387, subdivisions (d)(1) and (d)(2). In its proposed complaint in intervention, the Receiver seeks a declaration from this Court finding that (1) ISI has not breached a sub‐subcontract construction agreement between ISI and Plaintiff Budget...

Excerpt: ...ibe the process as it existed at the time that the plaintiff asked that her vehicle be repurchased or replaced. It is granted as to Interrogatory #42. The defendant shall serve supplemental responses without objection to #41 as limited and #42 within 15 days. Analysis: The defendant served supplemental responses to Interrogatories 14, 25, 43, 51, and 53 after the motion was filed. Therefore, the motion is moot as to those interrogatories, and is ...

Excerpt: ...Defendants also represented in their responses that they would provide supplemental objections and responses once Plaintiff complied. On 7/17/20, the parties subsequently met and conferred on the discovery with Plaintiff noting it would be forced to file motions to compel if Defendants did not provide supplemental responses. (Exhibit E to Jolly Dec. in support of the Opposition.) Defendants' responded the next day but the parties did not speak un...

Excerpt: ...uses of action as they related to damages sought by Nationwide and denied summary adjudication as to the first through forth causes of action in the First Amended Cross Complaint as they related to Government Code section 835 damages, sought by Sun World. In this motion, Woodspur seeks summary judgment, or adjudication as to IID's first through fourth causes of action as they relate to Government Code section 835 damages sought by Sun World. As t...

Excerpt: ...s through television commercials and internet ads, as alleged in the operative complaint. Because Defendant sought summary judgment (not summary adjudication), the presence of any triable issue requires denial of the motion. (Homestead Sav. v. Sup. Ct. (Dividend Develop. Corp.)(1986) 179 Cal.App.3d 494, 498.) Evidence: GRANT Defendant's request for judicial notice. SUSTAIN Plaintiff's evidentiary objection nos. 1‐11. Plaintiffs objects to state...

Excerpt: ...irst and second causes of action, age discrimination and age harassment, Plaintiff failed to exhaust administrative remedies. Plaintiff filed the original Department of Fair Employment and Housing (DFEH) complaint on February 23, 2018. That complaint makes no allegations of age discrimination. (Defendants' Request for Judicial Notice (RJN) Ex. B.) Plaintiff says nothing about age until he amends the DFEH complaint on February 8, 2019. (Defendants...

Excerpt: ... Plaintiff or issued by the court. The court takes judicial notice pursuant to Evidence Code Sections 452© and (d)(1) as requested by Defendant, specially appearing, as to the following: 1. Notice of Determination dated June 3, 2020, for the Legado project, issued by the City of Menifee. 2. Notice of Determination dated June 17, 2020, for the Legado project issued by the City of Menifee. 3. The Case Report for Case No. RIC 2003534. 4. The compla...

Excerpt: ...TUAL / PROCEDURAL CONTEXT Plaintiff Daelani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside City College1 and Riverside Community College District (collectively “RCC”) during the 2017 academic year. In 2018, Daelani and her mother, Plaintiff Tia Griffin (“Tia”) moved to Fresno. The family returned to Riverside in spring of 2018, at which time Daelani enrolled in Defendant Fullerton College (“Fullerton”), which...

Excerpt: ...e City of Eastvale in Riverside County. The news story did not include the name of the victim. The same day, Petitioner emailed a California Public Records Act (CPRA) request to the Department, which provided a link to a KTLA news story concerning the arrest of Victor Manuel Lopez for an alleged burglary of an Eastvale home. (Pet., Ex. A.) The records request included the date of the burglary and indicated that the crime occurred on the 5500 bloc...

Excerpt: ...ere not relevant to determination of the motion. As to Plaintiff's request, denied as the item is not relevant to determination of the motion. The party moving for summary judgment bears the burden of persuasion. (Aguilar v. Atlantic Richfield Company (Aguilar) (2001) 25 Cal.4th 826, 855.) A defendant can meet his initial burden by showing that on or more elements of the cause of action cannot be established, or that there is a complete defense. ...

Excerpt: ...members and employees of the plaintiff's counsel's firm and any consultants or expert witnesses the plaintiff may retain, and then only for purposes of this litigation. In all other respects the motion is denied. Analysis: Background Questions. Plaintiff fails to cite to any authority entitling him to these questions in advance of the examination. While Plaintiff seeks to shorten the exam and limit possible exposure to Covid‐19, there is no sho...