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: ... 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: ... 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: ...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...

Excerpt: ...e owner of the premises located at 130 Yale Drive Rancho Mirage, California 92270. Defendant is the Homeowners association of the Property. Plaintiff claims that based on the CC& Rs the HOA was responsible for the repair of her roof, but negligently failed to do so causing damage to her unit. Defendant's moving papers assert that Plaintiff wrongfully seeks to recover general damages and attorney's fees under cost of suit. Defendant asserts that P...

Excerpt: ...th convinced him to move to Palm Springs for a romantic relationship. Defendant was in the process of divorcing Vince Keenan, and Defendant used Plaintiff to improperly obtain money from. Defendant also lied about any diseases he had, etc. After the relationship ended, Plaintiff lost his property, was kicked out of school, lost his job and was suicidal. On 6/1/20, Plaintiff filed his complaint for fraud, intentional infliction of emotional distre...

Excerpt: ...ed Complaint. Plaintiff has not waived his right to object to the Answer's lack of verification as there has been no trial on the merits yet. Plaintiff must still establish that the Complaint states a sufficient claim upon which Judgment on the Pleadings can be rendered, in addition to showing that the Answer is defective. Here, Plaintiff only brings the motion on the first cause of action, for enforcement of an on ‐ the‐record settlement agr...

Excerpt: ...ornia, Inc. (1993) 14 Cal.App.4th 612, 616.) As to the general demurrer, Plaintiff's allegations of elder abuse are sufficiently particular for pleading purposes. Plaintiff alleges: (1) she was admitted to HGMC and was assessed to be a high risk for skin breakdown; (2) HGMC staff consistently and repeatedly failed to follow the skin integrity care plan created for Plaintiff; (3) HGMC failed, on enumerated days, to inspect and monitor Plaintiff fo...

Excerpt: ...d by a buyer of a real property for the sellers' alleged misrepresentations, seeking cancellation of the purchase agreement and damages. In the First Amended Complaint (“FAC”), which is the operative pleading, Plaintiff Buyer asserts four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda t...

Excerpt: ... duty, and 3) legal malpractice. Defendant demurred once again to the 1st cause of action, which this court is set to hear on 12/23/20. The court should sustain without leave to amend as the FAC added no additional facts, to show that Defendant took any property from Ms. Montage for any wrongful purpose or with the intent to defraud her, needed to support the cause of action. Defendant also moved to strike portions of the FAC as follows: Request ...

Excerpt: ...nst multiple defendants, including C.P.I. Properties, LP (erroneously sued as C.P.I. Properties, LLC) (“CPI”), Cerca Trova Restaurant Group Holding, Inc. (“Outback”) and Sunrise Restaurants, LLC dba Denny's Restaurant (erroneously sued as W.K.S. Restaurant Corporation dba Denny's Restaurant) (“Sunrise”). The City seeks to acquire property (Assessor Parcel Nos. 172‐420‐002 and 172‐420‐003) (the “Property”) by eminent domain...

Excerpt: ...t issue here authorizes the propounding party to compel responses without objection when the responding party has failed to serve a response. (Code Civ. Proc., §§ 2030.290[Interrogatories], 2031.300 [Production].) There is no requirement to meet and confer before bringing a motion to compel when there has been no response to the discovery. (See Code Civ. Proc., § 2030.290 [Interrogatories].) And, unlike a motion to compel further responses to ...

Excerpt: ...perates a wine bar in the City of Palm Desert, entered into a commercial lease (the “Lease”) with Defendant on March 30, 2018. (Complaint, ¶¶ 1‐2, 5.) Plaintiff commenced operation in January 2019 and remained in continuous operation until March 2020. (Id., ¶ 6.) On March 4, 2020, a state of emergency was declared for the State of California because of the threat of the COVID‐19 virus. (Id., ¶ 7.) On March 11, 2020, the World Health O...

Excerpt: ..., 554) “Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion.” (Jessen v. Keystone Savings & Loan Assn. (1983) 142 Cal.App.3d 454, 458.) Although an OSC directs the party “to show cause, the burden is on moving party to show all elements necessary to support issuance of a preliminary injunction. (O'Connell v. Superior Court (Valenzuela) (2006) 141 Cal....

Excerpt: ...ria Penley for: 1) elder financial abuse, 2) breach of fiduciary duty, and 3) attorney malpractice. Defendant Attorney Victoria Penley demurred to the first two causes of action. The court previously sustained that demurrer as to the 1st cause of action for elder financial abuse, with leave to amend. Plaintiff filed his First Amended Complaint on 10/8/20. Defendant once again demurs to the 1st cause of action for elder financial abuse on the grou...

Excerpt: ... Cal.App.4th 690, 697.) The court denies the motion as to Form Interrogatories (FROGs) 12.3 and 15.1 because Plaintiff did not meet and confer before filing the motion. The court finds that Plaintiff's meet‐and‐confer efforts were otherwise adequate. The court grants the motion as to FROGs 12.1, 12.2, and 12.6. (See Puerto v. Sup. Ct. (Wild Oats Markets, Inc.) (2008) 158 Cal.App.4th 1242 [no significant privacy invasion for discovery of names...

Excerpt: ...ff's favor. Injunctions are equitable in nature and the general purpose of prejudgment injunctive relief is to preserve the status quo pending a determination on the merits. The grant or denial of a temporary restraining order or preliminary injunction “does not amount to an adjudication of the ultimate rights in a controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial...

Excerpt: ...l Stamen. Hence, the hearing was continued to 8/21/20. On 8/12/20, plaintiff Matthew Tye filed a Statement of Disqualification under Code of Civil Procedure section 170.3. As a result, the hearing of this motion was repeatedly continued while the Statement of Disqualification was being considered by the San Diego Superior Court. On 10/15/20, the San Diego Superior Court denied the disqualification and its ruling was filed on Page 4 of 6 10/23/20....

Excerpt: ...y may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction.” (Food & Ag. Code §31622(a).) “If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court.” (Food & Ag. Code §31622(a).) The administrative order was entered April 30, 2020. Therefore, pursuan...

Excerpt: ...paragraphs 7 and 9 of the Complaint cause it to be included in the cause of action. The label of the cause of action names only defendant Binnquist. Defendant Laguna Hills' contention is without merit. Defendant Laguna Hills also contends the Complaint fails to identify the individuals who agreed to sign the change orders. It cites no authority in support of this purported requirement. Finally, defendant Laguna Hills contends Plaintiff failed to ...

Excerpt: ...y of theories of recovery, including breach of contract, violation of due process, discrimination, slander, defamation, and obstruction of justice. Plaintiff argues the property was taken without just compensation and she is entitled to $1,800 per month until possession is returned. On 9/23/20, the court granted the County of Riverside's motion to quash and recommended that plaintiff seek legal advice for assistance, but plaintiff is still repres...