Excerpt: ... strike is moot. The Court further recognizes that by granting leave it necessarily will mean that the matter will not be at issue by the time that the trial readiness conference is heard, which is on January 26, 2021. On its own motion, the Court shall continue the TSC to April 26, 2021, at 8:30 am, to be heard telephonically. FACTUAL / PROCEDURAL CONTEXT This is a medical malpractice matter. On August 25, 2017, Hannah Coates (“Hannah”) was ...

Excerpt: ...san E. Holt (collectively, the “Original Defendants”). On September 9, 2009, the HOA filed the operative first amended complaint (“FAC”) which added the following defendants: Tony Lanza; Brett Gregor; Karen Gregor; Margaret Schramm; Susan Screen; Leslie Rutter; Carolyn Rutter; Drew Couto; Beth Ballerini; and Judith Myers (collectively, the “Added Defendants”) (the Original Defendants and the Added Defendants are collectively referred ...

Excerpt: ...just enrichment/restitution claim are the receipt of a benefit and the unjust retention of the benefit at the expense of another. (Peterson v. Cellco Partnership (2008) 164 Cal.App.4th 1583, 1593.) Shih alleges that ERC charged for repairs to the roof and attic that were never performed and that the request that Shih pay for such services unjustly enriches ERC. (Cross‐Complaint, ¶¶ 23‐26.) ERC's request for payment of its invoice is not a b...

Excerpt: ...Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐755.) Defendant First American demurs to the tenth cause of action for slander of title and the eleventh cause of action for negligence for failure to state sufficient facts and for uncertainty. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. CCP § 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpreta...

Excerpt: ...torms flooded Plaintiffs' homes and properties. In a prior action, the parties reached a settlement agreement that provided for Beazer to compensate Plaintiffs for the damage and to make necessary repairs. As part of the settlement agreement, Beazer was to prepare and submit plans for the repairs to the City for approval. To date, Beazer has submitted various plans to the City but none have been approved. Plaintiffs allege that their properties h...

Excerpt: ...ARY SANCTIONS BY PHYSICIANS FOR HEALTHY HOSPITALS Tentative Ruling: The motion for further responses to form interrogatories is granted and sanctions imposed against plaintiff and her counsel in the amount of $975 in attorney's fees and costs of $90. The motion for further responses to special interrogatories is granted, except as to Special Interrogatory No. 34, and sanctions imposed against plaintiff and her counsel in the amount of $975 in att...

Excerpt: ...into a purchase/sale agreement and escrow to sell trust property, a condominium in Palm Springs, to plaintiff Jonathan Evans for $175,000 but then attempted to cancel the sale because he received a better offer. Proposed intervenors, the beneficiaries of the trust (McClain Beneficiaries), seek leave to file a complaint in intervention for financial elder abuse based upon allegations that Defendant McClain, who is also a beneficiary of the trust b...

Excerpt: ...Baker (1999) 20 Cal.4th 23, 33.) Under Welf. & Inst. Code, § 15610.07, abuse of an elder or dependent adult means either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect under the law is defined as the “negl...

Excerpt: ...Motion to Strike. Statute of Limitations: In its Reply, Kia argues Plaintiffs' fraud claim is barred by the statute of limitations. The Reply states: “As set forth in [Kia's] moving papers, Plaintiffs' fraud‐by‐omission claim is facially time‐barred because Plaintiff purchased the subject vehicle in June of 2012 but did not file suit until October 8, 2020.” (Reply p.5:18‐20.) However, this argument is not set forth in Kia's demurrer. ...

Excerpt: ...against a governmental entity unless a formal claim has been presented to such entity, and has been rejected (or is deemed rejected by the passage of time). (Gov. Code, §§912.4, 945.4; Munoz v. State of California (1995) 33 Cal.App.4th 1767, 1776.) A claim must be filed with the governmental entity in substantial compliance with the statutory procedures. (Phillips v. Desert Hosp. Dist. (1989) 49 Cal.3d 699, 706.) A claim for personal injury, as...

Excerpt: ...ness Interruption” coverage. The Policies were procured by Defendant Acrisure of California dba Brakke‐ Schafnitz Brokers (“Brokers”). On March 19, 2020, in response to the global COVID‐19 pandemic, Governor Gavin Newsom, issued an executive order closing all non‐essential business and requiring non‐ essential workers to shelter at home. (“Executive Order”). As a result of the order, Plaintiff's showrooms were closed and all man...

Excerpt: ...of process, respectively. Defendants assert that these causes of action are barred under Government Code section 821.6, which states: “A public employee is not liable for injury caused by his instituting or prosecuting any judicial or administrative proceeding within the scope of his employment, even if he acts maliciously and without probable cause.” The immunity conferred by Government Code section 821.6 is construed broadly and “in furth...

Excerpt: ...T BREWER'S LEDGE, INC.'S Tentative Ruling: The Court sustains the Regents of the University of California (“Regents”) demurrer as to the first and second causes of action with 30 days leave to amend. The Regents of the University of California's motion to strike is moot as to the first and second cause of action, but grants the motion with 30 days leave to amend as to paragraph 31. The Court grants Defendant Brewer's Ledge's motion to strike ...

Excerpt: ...Co., Inc. v. Stewart Title Guar. Co. (1998) 19 Cal.4th 26, 38, 39; Adelman v. Associated Int'l Ins. Co. (2001) 90 Cal.App.4th 352, 359; Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998 [general demurrer may be upheld “only if the complaint fails to state a cause of action under any possible legal theory”].) A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond �...

Excerpt: ...% liable,” and “100% responsible.” (Decl. of David J. Mendoza, ¶ 3; Exhibit A [Requests for Admissions 1, 2, and 3].) “[R]equests for admission serve to narrow discovery, eliminate undisputed issues, and shift the cost of proving certain matters.” (City of Glendale v. Marcus Cable Associates, LLC (2015) 235 Cal.App.4th 344, 353–354 [emphasis added].) Because Defendant has admitted liability, that fact is conclusively established and ...

Excerpt: ... October 27, 2018, Plaintiff Karen Gotschall slipped and fell near the Nitro Puff kiosk at the Galleria at Tyler Mall. On June 10, 2020, Plaintiff Karen Gotschall filed a Complaint for Negligence against Defendants Joshua Mitchell, individually and dba Nitro Puff Magic; Tyler Mall LP; Brookfield Properties, LLC; and the Millard Group. Defendant Joshua Mitchell dba Nitro Puff Magic (“Mitchell”) operated the Nitro Puff kiosk pursuant to a writt...

Excerpt: ...ntiff”) was driving to work when his vehicle was struck by a 2007 GMC Sierra truck (“subject vehicle”) driven by Defendant Marco A. Manriquez, Jr. (“Driver” or “Marco Jr.”), who allegedly ran a stop sign. Marco Jr.1 was convicted of felony driving under the influence. The subject truck was registered to the Driver's father, Defendant Marco Manriquez, Sr. (“Marco, Sr.”). Driver's mother, Defendant Jacqueline Nunez‐Silva (“Mov...

Excerpt: ...d nursing facility for postoperative care from July 11, 2016 until he was discharged in August 26, 2016. During this time, Defendant's staff allegedly left Decedent in the bed for hours and did not move him every 2 hours as medically required. In addition, they did not care for his personal hygiene as they left him in his urine and feces. As a result, he developed two stage IV bedsores. Plaintiff filed the original complaint on August 22, 2017 an...

Excerpt: ... order which the court cannot enforce against any current and legal representative of PNMAC. Moreover, this court lacks jurisdiction. CitiMortgage asserts that this court has jurisdiction to enter discovery orders against PNMAC “even if PNMAC lacks capacity because lack of capacity is not a jurisdictional defect.” (See Am. Alternative Energy Partners 11 v. Windridge, Inc. (1996) 42 Cal. App. 4th 551, 559 "Lack of capacity is not a jurisdictio...

Excerpt: ... were aware of and failed to disclose. On 12/1/18, 12/14/18, 1/11/19 and 2/1/19, Plaintiffs brought their vehicle to an authorized dealer for repair and each time, the vehicle was never fixed. Plaintiff filed the Complaint on 7/16/20 and First Amended Complaint (FAC) on 11/3/20 asserting causes of action for: (1) Breach of Express Warranty—Violation of Song‐Beverly Act; Page 8 of 10 (2) Breach of Implied Warranty—Violation of Song Beverly A...

Excerpt: ...irst document under Evid. Code §452(c) as it pertains to the official acts of the state. The court can properly take judicial notice of the second and third documents under Evid. Code §452(d) as they are court records. Defendants' requests should be granted. II. Meet and Confer CCP §§ 430.41(a) & 435.5(a) provide, in pertinent part, that before filing a Demurrer or Motion to Strike “the moving party shall meet and confer in person or by tel...

Excerpt: ...h 28 of the first cause of action is not alleged against her and paragraph 3 of the prayer does not seek any relief against her. As to the motion of the medical group, it seeks to strike paragraph 28 from the first cause of action and paragraph 3 of the prayer. Both assert the right to collect punitive damages from the medical group. In moving to strike those portions of the complaint, the medical group relies upon Code of Civil Procedure section...

Excerpt: ...anics, filed a derivative action against among others the three directors of SCOT, David Gash, Matthew Yamashita, and James Hammermeister, PSC2003199. Essentially, the Complaint alleges that the Director Defendants engaged in mismanagement and self‐dealing Page 3 of 4 and used corporate financial and personnel assets for their own and their businesses benefit. (Derivative Compl., ¶ 20.) In response, Defendants filed a Cross Complaint in which ...

Excerpt: ...30 am in D‐3, which shall be vacated if the Judgment is received and signed by the Court prior. ANALYSIS From commencement to conclusion, the party moving for summary judgment bears the burden of persuasion. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 855.) For summary judgment purposes, “[i]n an employment discrimination case, the employer, as the moving party, has the initial burden to present admissible evidence showing e...

Excerpt: ...just, the court should award compensation for all of the hours reasonably spent, including those spent to recover attorney fees. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133.) However, “[a] fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.” (Serrano v. Unruh (1982) 32 Cal.3d 621, 635.) Here, the evidence tends to show that Plaintiff's fee request i...