Excerpt: ...s, which includes injunctive relief, monetary damages, and in certain circumstances, exemplary damages and attorneys' fees. Civil Code §§ 3426.1‐3426.4. The UTSA preempts common law claims for misappropriation, this includes causes of action for conversion and negligence. K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 955. Common law claims that are “based on the same nucleus of facts as t...

Excerpt: ...Para. 13), amounts to a judicial admission that cannot now be contradicted. When an employer lends an employee to another employer and relinquishes to the borrowing employer some right of control over the employee's activities, a “special employment relationship” arises between the borrowing employer and the employee. Caso v. Nimrod Productions, Inc. (2008) 163 Cal. App. 4th 881, 888. If a special employment relationship exists, the employee ...

Excerpt: ...ithout leave to amend unless Plaintiff requests oral argument and can articulate at the hearing how she can cure the defects described below. With respect to leave to amend, the Court notes that on 11/5/20, the Court sustained Urban Park's demurrer and granted 60 days leave to amend. The District's demurrer and motion to strike was originally scheduled to be hear on December 1, 2020, but because the Opposition was not filed the Court continued bo...

Excerpt: ...une 1, 2020, against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Health Care Services), California Department of Health and Human Services (together, the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs are the parents of the decedent child, Natalie Franchini (“Natalie”), who was born on June 1, 2015....

Excerpt: ... Nyulassy v. Lockheed Martin Corp. (2004) 120 Cal.App.4th 1267, 1280‐1281, fn. 11. The evidence provided by Defendants appears to indicate that the agreement is a contract of adhesion. Quest's Senior Director of Human Resource Business Partner states that as part of the new hire paperwork for all, all new hires are given the arbitration agreement to sign. The arbitration agreement has no opt out provision. As such, it appears that all new hires...

Excerpt: ...o as Exhibit 43,” and, if so, the dosage, method of administration, and who administered the drug. Defendant responded by objecting because the “interrogatory does not include ‘Exhibit 43'. The document speaks for itself. Plaintiffs correctly argue that neither objection is well‐ taken. First, the interrogatories each sought information from defendant as to whether a particular drug was administered and a reference to Exhibit 43 must be s...

Excerpt: ...ct or omission of the public entity or a public employee or any other person.” (Gov. Code § 815.) Thus, the complaint must specifically identify the statutory basis for liability against a public entity, including citing the statute. (Gov. C. § 815; Searcy v. Hemet Unified School District (1986) 177 Cal.App.3d 792, 802.) Since all liability under the Act is statutory, each tort cause of action must be specifically alleged and every element of...

Excerpt: ...d Complaint (“SAC”) and the City of Beaumont's Second Amended Cross‐Complaint (“SAXC”) are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendants' Request for Judicial Notice is granted as to the existence of the pleadings, but not as to the truth of the contents. Request for Judicial Notice Defendants' Request for Judicial Notice is granted as to the existence of the pleadings but, not as to the truth of the contents. (Evidence Code §452(d...

Excerpt: ...against both Armcon and Fernandez, again for breach of a settlement agreement. Polanco then moved for and the court entered an order allowing Polanco to file a Second Amended Complaint. The SAC was again brought against Armcon and Fernandez. However, the cause of action asserted in the SAC changed to specific performance of a contract to convey real property. The parties then stipulated to Polanco filing the instant Third Amended Complaint agains...

Excerpt: ...ty and Defendants discriminated against her by requiring her to wear a headset. In addition, Plaintiff alleges that during her employment, she complained about unethical billing practices regarding deep cleanings as well as the office manager's flagging of patient files of HIV positive patients. On 10/25/18, Plaintiff reported a cumulative trauma neck injury to Defendant caused by repetitive motion at work. Plaintiff went on leave but was release...

Excerpt: ...s and the Court that documents had been filed and served, but did not show on the Court's register of actions as either images or entries. Following the hearing, that situation was resolved. The Court now rules as set forth below. Supplemental Tentative Ruling of December 11, 2020 The documents filed in reply do not change the Court's Tentative Ruling of November 18, 2020. Defendants' evidentiary objections 4, 5, 6, 7, 8, and 9 are sustained (res...

Excerpt: ... action, the Motion to Strike is denied without prejudice as moot. The Court denies Defendants' request for judicial notice, which was to take judicial notice of their responses to Plaintiff's Form Interrogatories. The request does not cite any statute on which the request is based. When ruling on a demurrer, a court may take judicial notice of inconsistent statements in plaintiff's own affidavits and unequivocal discovery responses based on plai...

Excerpt: ... actions or injunctive relief. Plaintiff's Request for Judicial Notice is denied. Defendants' objection to paragraph 3 of the Declaration of Kelsey R. Eberly is sustained. Plaintiff requests judicial notice of an order granting Plaintiff's Motion for Summary Judgment in Caru Society for the Prevention of Cruelty to Animals v. Anthony, FCS049705 in the Superior Court of Solano County. Defendants object. Court records may be judicially noticed purs...

Excerpt: ... However, as to request nos. 43 and 44, ECL has not overcome the tax return privilege. As ECL states, “[t]he tax return privilege is not absolute. (Schnabel v. Superior Court (1993) 5 Cal. 4th 704, 721.) The privilege is waived, or inapplicable, where the "gravamen of [the] lawsuit is so inconsistent with the continued assertion of the taxpayer's privilege as to compel the conclusion that the privilege has in fact been waived." (Id., citing Wil...

Excerpt: ...ntative ruling, regardless of whether either side requests oral argument, the Court orders all parties to be present at the time of the hearing. STATEMENT OF FACTS AND PROCEDURAL HISTORY This is a wrongful foreclosure action. Plaintiff Yi Fu Hwang (“Plaintiff”) alleges that he obtained a Home Equity Line of Credit (“HELOC”) from defendant Cathay Bank on September 22, 2006, in the amount of $150,000, which is secured by a deed of trust on ...

Excerpt: ...lement Agreement (“SA”), one settlement check is being provided to Plaintiff in the amount of $5,200, which represents “claimed penalties.” (Dec.Rose, Ex. “A”, SA, ¶2.(4).) Plaintiff Page 3 of 3 assessed Labor Code penalties other than PAGA at $0 [wage statement penalties; waiting time penalties], and Plaintiff's other claims seek premium pay, reimbursement, or restitution. So, what specific claims are being settled in the $5,200 che...

Excerpt: ...ozner's request for sanctions. While the right to discovery is broad, there is a right of privacy. Article 1, section 1 of the California Constitution explicitly recognizes a right to privacy and California courts have recognized the right as supplying a qualified privilege to a discovery demand. “[T]he right to privacy protects the individual's reasonable expectation of privacy against a serious invasion.” Pioneer Electronics (USA), Inc. v. ...

Excerpt: ...ominal Defendant Southern California Organic Treatment (SCOT), a marijuana retailer doing business as Green Pearl Organics, brought this derivative action against, among others, the three directors of SCOT, David Gash, Matthew Yamashita, and James Hammermeister. Essentially, the Complaint alleges that the Director Defendants engaged in mismanagement and self‐dealing and used corporate financial and personnel assets for their own and their busin...

Excerpt: ...oom availability. In‐Person Jury Trials Defendant's unopposed motion argued that a jury trial conducted remotely will unconstitutionally affect Defendant's right to jury trial. To be sure, Defendant is absolutely correct that the trial courts have a duty to ensure the right to a jury trial. As cited by Defendants, Article I, section 16, of the California Constitution and the Sixth Amendment to the United States Constitution ensure the right to ...

Excerpt: ...endant Mancha Development Company LLC (“Defendant”). In November 2018, he suffered a workplace injury to his fingers. Plaintiff alleges he was thereafter harassed, discriminated against and ultimately terminated. Plaintiff filed the Complaint on June 20, 2019, alleging various violations of the Labor Code and the Fair Employment and Housing Act (“FEHA”), as well as violation of Bus. & Prof. Code § 17200 et. seq. (“UCL claim”). On Nov...

Excerpt: ...ulation between Plaintiff and the K. Hovanian defendants. The TAC did not add the 9th cause of action for elder abuse. The elder abuse claim was pled in the Second Amended Complaint, to which Defendant did not demurrer. “Once filed, an amended pleading making substantive changes supersedes the original.” (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial, §6:688 (Rutter Group 2020).) Defendant does not point to substantive changes made b...

Excerpt: ... and fourth causes of action with 30 days leave to amend. However, the Court shall sustain the demurrer without leave to amend as to the first cause of action for negligence unless the Plaintiff requests oral argument and can articulate why there should be a cause of action for negligence and gross negligence when considering Health & Safety Code sections 1799.106, 1799.107, and 1799.108. Motion to Strike: Because the Court is granting leave to a...

Excerpt: ...negligence. The agreement provides in relevant part: “Tenant acknowledges that the use of this space is at tenant's sole risk and responsibility, and owner, and owner's partners, employees and agents, shall have no liability to tenant for any damage or loss to the property stored by tenant…from any cause, including acts or omissions as well as active or passive negligence by owner or its agents.” (SAC Ex. 1, ¶5.) Under this express languag...

Excerpt: ...s a food server at their Palm Desert restaurant. During the course of her employment, Avilez alleges she was subjected to unwanted sexual harassment and sexual assault by her supervisor, Defendant Greg Wilson. Avilez further alleges she was retaliated against when she complained about the unlawful behavior. Ultimately, Avilez alleges she was forced to leave her position. Defendants bring the instant motion seeking to compel arbitration pursuant t...

Excerpt: ...ays before the hearing date. For Plaintiff Esparza, the court grants the motion, but the order becomes effective after the court resolves the issue of standing for Plaintiff Moralez. The court denies Plaintiff's request for judicial notice. The contents of amicus curiae letters are not judicially noticeable. (Evid. Code, § 452.) Moreover, on November 24, 2020, the Supreme Court denied review for Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ...