Excerpt: ... as Todd v. Murphy, which the Court dismissed based on forum non conveniens; the Court's order dismissing that case and finding that it should be heard in Hawaii is now on appeal. Although Plaintiff Todd asserts that this First Amended Complaint raises new causes of action, all causes of action asserted here are merely new theories of liability arising out of the same facts and transactions, and same subject matter, as those claims raised in case...

Excerpt: ...y without providing Plaintiff a reinstatement amount and before the time to cure had expired. The terms of repayment were included in a Settlement Agreement entered into after Billy Jo Frye, the purchaser and obligor on the Note failed to make payments and filed for bankruptcy twice. Immediately upon purchase of the property Frye had conveyed her interest to herself as Trustee of Plaintiff the Brookville Trust. The Settlement Agreement provides t...

Excerpt: ...ds that she was acting on behalf of The Blue Sky Institute, LLC (“Blue Sky”) when she purchased the property. Chicago Title Company (Chicago Title) acted as the escrow company for the purchase. When Chicago Title prepared the deed for the purchase, it allegedly failed to include all of the lots on the deed (two were left off). A month after Kuan purchased the property, she conveyed the property to Blue Sky. Approximately four years later, Chi...

Excerpt: ... (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death, and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendant Empire...

Excerpt: ...one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) The “tried and true” way to meet this burden is to present affirmative evidence negating, as a matter of law, some essential element of a plaintiff's claim (e.g., failure to exhaust administrative remedies or expiration of th...

Excerpt: ...d fourth causes of action are uncertain and that they fail to state facts to constitute any viable cause of action. The Court has repeatedly, and at length, addressed these causes of action in one form or another, and has allowed Plaintiff numerous opportunities to correct fatal defects. Plaintiff has not done so, and the Court finds that the demurrer should be sustained without leave to amend. To withstand a demurrer the complaint must contain �...

Excerpt: ... suffered by three other guests in 2017 as a result of exposure to excess pool chemicals. Plaintiff has not sufficiently pleaded malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or saf...

Excerpt: ...nd procedural background: On 10‐8‐20, West Coast then filed a cross‐complaint against plaintiff Mike Davis. The cross‐ complaint alleges that in 2001 Jeff Davis formed an equipment rental company known as Pacific High Reach and Equipment Services, Inc. (Pacific Equipment), with Flanagan and Lynn Ladenes (Ladenes) becoming shareholders in Pacific Equipment. The cross‐complaint alleges that Jeff Davis (Jeff Davis) then hired his father, M...

Excerpt: ...ing or from any matter of which the court is required to take judicial notice. (Cal. Civ. Pro. §437.) A motion to strike is the proper vehicle to attack a punitive damages claim. (Cal. Code Civ. Pro. §§ 435‐436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Plaintiffs may recover exemplary or punitive damages where it is proven that “the defendant has been guilty of oppression, fraud or malice.” (Cal. Ci...

Excerpt: ...triable issue of fact. The Court denies Plaintiff's request for leave to amend, unless Plaintiff requests oral argument and can articulate how she can cure the defects in the Complaint. The Court grants Defendants' request for judicial notice. The Court overrules Plaintiff's evidentiary objections. Page 3 of 6 FACTUAL / PROCEDURAL CONTEXT This is a dispute between neighboring property owners. Plaintiff Nipa Y. Sproat, individually and as Trustee ...

Excerpt: ....” Both paragraphs 21.a. and 21.c. are sufficient to allege a breach of contract. The demurrer is therefore overruled. The second cause of action, for breach of the implied covenant of good faith and fair dealing: The allegations describe nothing other than a breach of contract. The demurrer is therefore sustained. That sustention is without leave to amend unless Shih can articulate how he can amend the FACC in a way that will change the legal ...

Excerpt: ...) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Facts appearing in...

Excerpt: ...ust 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 need only plead facts neces...

Excerpt: ...s partner Lowrance, could acquire a 49% interest in the shares of Mischief upon the payment of $32,000.00. Byrd and Lowrance never paid that required consideration and therefore, never acquired an interest in Mischief. ¶ 15 Mundt was willing to overlook the above failure of consideration so long as Byrd and Lowrance were willing to devote their undivided loyalty to both Mundt and Mischief in their operations of Mischief However, Byrd and Lowranc...

Excerpt: ...deposition or a motion for protective order. There remains some confusion over exactly which issues remain in dispute. For example, it appears as though GM is willing to produce witness(es) for Categories 1, 2, 5‐12, 18‐25, with a limitation as to scope for some of the Categories. However, GM still provides a lengthy opposition in its separate statement regarding each of the categories, but states at the end of the opposition for each of the ...

Excerpt: ...amirez v. U.S. Foods, Inc. in Alameda Superior Court. While counsel indicated that it was disposed of by judgment, it also indicated that it involved the same parties and same/similar claims. Counsel should be prepared to address what the Alameda litigation was based upon. 2. CMO H.3.c – Cy pres a. The parties have chosen a cy pres, St. Christopher Truckers Relief Fund. Shannon Currier, the Director of Philanthropy and Development, has submitte...

Excerpt: ...igen retained the right to approve or disapprove the appointment of a service provider, and no misrepresentations were made. Altigen contends that the Unfair Competition cause of action fails for the same reasons. Intellitalk alleges the independently wrongful conduct arises out of Altigen rejecting customer requests for transfer of their accounts to Intellitalk starting in mid‐2016, and representing falsely that they had to be serviced by West...

Excerpt: ... evidence.” In fact, they are not objections to specific evidence, but instead are objections to portions of the separate statement. The separate statement is not evidence. As such, these objections are meritless. The defendants raised eight evidentiary objections. They are unnecessarily difficult to evaluate because the defendants do not identify where in the plaintiff's 89‐ page response to the statement of undisputed material facts the pla...

Excerpt: ...tem (“Hospital”) under the custody of Defendant County of Riverside (“County”). Decedent also suffered from narcotics addiction. On May 4, 2020, Decedent was admitted to the Hospital under the custody and care of the County for psych evaluation and 14‐day hold. On May 22, 2020, Decedent was referred by the County to a facility operated by Defendant Social Science Services, Inc. dba Cedar House Life Change Center (“Cedar House”). In ...

Excerpt: ...ndant Bigge: Paragraphs 60, lines 1‐2; 64, lines 1‐2; 84, lines 6‐7; Paragraph 3 of prayer, line 18. Factual and procedural background: On 8‐22‐17, Defendant Kiser (Kiser), while driving a Ford F250 owned by Defendant Bigge, struck Plaintiff Powers who was on his motorcycle, along with his passenger, Plaintiff Bates. Plaintiff alleges Kiser had medical issues that he was receiving treatment that included but was not limited the taking o...

Excerpt: ...conduct must be pleaded separately.” Although professing to “respect” that ruling, the plaintiff once again attempts to plead both torts in a single cause of action, and asserts that the Court's previous ruling was mistaken. Contrary to Plaintiff's argument, “[w]illfulness and negligence are contradictory terms. If conduct is negligent, it is not willful; if it is willful, it is not negligent.” (Donnelly v. Southern Pac. Co. (1941) 18 C...

Excerpt: ... 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 need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A demurrer on the ground of uncertainty will only be sustained where a defendant cannot reasonably determine what issues must be admit...

Excerpt: ... Variance. On 7‐30‐20, Petitioner's learned of the rehearing. They submitted written opposition. A revised variance was granted on 9‐17‐20. The revised variance included detailed information regarding the appeals process and that specifically, the appeal was to be filed within ten calendar days. Petitioner had the appeal information because they sent an email dated 9‐27‐20, to Riverside City Councilmember Erin Edwards stating that “...

Excerpt: ...50.) A defendant has met his or her burden under CCP §437c(p)(2) of showing Page 3 of 8 a cause of action has no merit if that party has shown that one or more of the elements of the cause of action cannot be established, or that there is a complete defense to that cause of action. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (CCP § 437c(p)...

Excerpt: ...er. Due to the Court's schedule, on its own motion the Court shall continue both hearings to 7/29/21 at 8:30 am, to be heard telephonically. *** FACTUAL / PROCEDURAL CONTEXT This is an employment action brought by plaintiff Arkico Lashun Williams (“plaintiff” or “Williams”) against defendant Amazon.com Services, LLC (“Amazon”) and defendants Rob Romero, Tim Stewart, Sean Boyle, and Aaron McGrath. Plaintiff alleges she was hired by Ama...

Excerpt: ... referred to as the “State”). On June 23, 2019, Plaintiff was driving a motorcycle on westbound Highway 74 (Ortega Highway) near Lake Elsinore with his fiancée, Tina Coats, as a passenger. (FAC, p. 5.) Employees of the CHP and Cal Fire were investigating an earlier accident and managing the collision site. (Ibid.) The collision, coupled with the investigation caused the westbound traffic to back up, and Plaintiff stopped his motorcycle short...

Excerpt: ...tor Vehicle Lease Agreement (“Lease Agreement”). Plaintiff is the lessee and the dealership, Walters Auto Sales & Service, Inc., the lessor. MBUSA did not sign the lease agreement. Plaintiff alleges that after leasing, he delivered the vehicle for repairs on at least three occasions for certain defects and nonconformities in the vehicle, but MBUSA or its authorized repair facility failed to conform the vehicle to the applicable warranties eve...

Excerpt: ...URAL CONTEXT This is an eminent domain action. Defendant The Preserve (“Preserve”) is the owner of a 69.98 property in Beaumont located north of the Lamb Canyon Landfill (“Subject Property”). In 2008, Preserve filed for bankruptcy. Defendant John Menchaca (“Trustee”) is the bankruptcy trustee for the estate of the Preserve. On April 7, 2017, the Trustee filed a Motion for Approval of Compromise and Settlement of Litigation and for Aut...

Excerpt: ...as it had nothing to do with the state of the asphalt. The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.) To the extent that this is based on premises liability, it is also a form of negligence. Accordingly, the elements of a claim for injuries suffered by an inv...

Excerpt: ...5‐ 4‐21 order directing the parties to meet and confer, the court specifically noted: “The court will not accept further briefing.” 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 interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of ...

Excerpt: ...d wages while employed by Zhang. As such, there appears to be no bad faith on Lan Zhao's part. Zhang contends that Lan Zhao did act in bad faith, but she provides no evidence to support this assertion. In order to establish that good faith does not exist, substantial evidence must be presented. Silver Orgs. v. Frank (1990) 217 Cal.App.3d 94, 99‐100. Under C.C.P. § 473(a),“[t]he court may, in furtherance of justice, and on any terms as may be...

Excerpt: ...icle dashboard screen malfunction. Plaintiff and Defendant settled for $75,000 and attorney's fees and costs to be decided by the court. Plaintiff moves for attorney fees of $61,565 (151.9 hours at rates of $250‐$525), plus costs. Defendant contends it provided a CCP §998 offer and Plaintiff failed to obtain a more favorable result, and therefore, is not entitled to post‐offer fees of $24,055 (12/3/19‐10/29/20). It otherwise argues that th...

Excerpt: ...“If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination …, or to produce for inspection any document …, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection for any document … described in the deposition notice.” (Code Civ. Proc., §2025.450(b)(2), ita...

Excerpt: ...denies the motion to produce documents for sales for which Plaintiff was not involved. Given the time required to produce such documents, the Court order that the documents be provided within 60 days. The request for sanctions is denied. Page 6 of 9 FACTUAL / PROCEDURAL CONTEXT This is an employment wage and hour case. Plaintiff Jeffrey Dempsey (“Plaintiff”) worked as salesman for Defendants BJMV, Inc. dba SPG Building Services (“BJMV”), ...

Excerpt: ...Capital Management, LLC to provide further responses to Special Interrogatories numbers 4 and 29 and requests sanctions of $2,659.80. The interrogatories and responses at issue are as follows: NO. 4: Why was PNMAC Mortgage Co., LLC cancelled? RESPONSE: Capital objects to this interrogatory on the grounds that it: (i) involves the internal operations of Mortgage Co. and must be directed to the authorized representative of Mortgage Co. rather than ...

Excerpt: ...n its own motion. Despite counsel's representations, however, no motion appears in the register of actions. Therefore, the motion will be taken off calendar unless counsel can produce a conformed copy of the moving papers, including a proof of service of the motion on the defendant. The Court notes that an unconformed copy of the motion is attached to the ex parte application. The declaration supporting that motion asserts the following: • That...

Excerpt: ...ally unconscionable because the arbitration provision is hidden. The plaintiffs signed the Premier Membership Application. The application is five pages long. Nowhere in that document is arbitration mentioned. However, in the last paragraph before the signature lines on the fourth page, the application states: “I hereby acknowledge receipt of The Club at PGA WEST Premier Membership Plan and Rules and Regulations and that I have read and underst...

Excerpt: ...ions 418.10(a)(1)(2), 418.10(d), and 410.30(a), on the grounds that this Court lacks personal jurisdiction over Defendant who has insufficient minimum contacts to the forum for such jurisdiction to be asserted and California is an inconvenient forum since Mr. Yost is a resident of the State of Michigan. In support of his motion, Yost submitted his declaration that declares: • He is not a resident of the State of California, nor have has he ever...

Excerpt: ...m work for 15 days and given a warning notice: “You received a written warning on August 29, 2018 regarding your unacceptable attendance record. Since that time you have continued to have an unacceptable attendance record. As a result, you have been placed on a fifteen (15) days suspension and you are hereby warned that further attendance problems will result in your termination. This is your Last and Final warning.” (A.R., p. 63.) Petitioner...

Excerpt: ..., 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are allowable where the defendant is guilty of malic...

Excerpt: ...G Nos. 2‐6 and RFP No. 41. Sanctions denied. This is a personal injury action in which Plaintiff alleges that she was injured when Defendant negligently drove away before Plaintiff was fully in Defendant's vehicle. Plaintiff's Complaint alleges the causes of action for motor vehicle and general negligence, claiming wage loss, hospital and medical expenses, general damage, and loss of earning capacity. Page 10 of 14 Defendant is moving to compel...

Excerpt: ...ncomplete, or evasive, or an objection in the response is without merit or too general. (CCP §§2030.300, 2031.310, 2033.290.) Unless notice of the motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP §§ 2030.300(...

Excerpt: ...ed to 65% of BAP for Water Year 2021‐2022. Page 3 of 4 Este: The Watermaster proposed that the FPA be reduced from 70% to 65% of BAP. The Court approves that proposal. The FPA for all producers in ESte is reduced to 65% of BAP for Water Year 2021‐ 2022. Oeste: The Watermaster proposed that the FPA be reduced from 65% to 60% of BAP. The Court approves that proposal. The FPA for all producers in Oeste is reduced to 60% of BAP for Water Year 202...

Excerpt: ...se the request is denied. Court declines to rule on DWA's evidentiary objections. (CCP § 437c(q).) Court declines to rule on MSWD's evidentiary objections. (CCP § 437c(q.) This action arises out of the Sustainable Groundwater Management Act (Water Code § 10720 et seq.) (“SGMA”). Petitioner Mission Springs Water District (“MSWD”) filed its original petition on February 16, 2016 and the operative third amended petition (“TAP”) on Jun...

Excerpt: ... during discovery that warrant correction of facts and causes of action pleaded in the First Amended Complaint. The Court agrees. Defendant Brown opposes the motion but has not demonstrated that Plaintiff has unduly delayed seeking amendment or that she will be unduly prejudiced. The new causes of action here are merely different theories of liability that are still premised on the same primary right— that Brown wrongfully attempted to gain tit...

Excerpt: ...neighbors about dangerous conditions on the property. The City conducted an inspection and requested that Respondent remove or remediate all substandard conditions. After several additional inspections and notices, the City determined no corrective action had been taken, and therefore filed a Petition for the Appointment of a Receiver, Injunctive and Other Relief Pursuant to Health & Safety Code §17980.7. (“Petition”) on May 30, 2017. The Pe...

Excerpt: ...iff Timothy Ruiz (“Plaintiff”) was hired by Defendant American Building Innovation, LP (“ABI”) and its general partner, Defendant Tin Vo (“Vo”) as a construction worker/framer with an hourly rate of $34.50. In 2017, the Tustin Unified School District (“District”) got approval for a construction project for the construction of new classrooms. The District contracted with general contractor, Defendant Balfour Beatty Construction, LL...

Excerpt: ...mad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust, gave Defendant three separate loans.1 Plaintiffs claim that Defendant (Mohammad) stopped making regular payments on all three notes in October 2010, but that he made a final one‐time payment on each of th...

Excerpt: ...ry 24, 2017 regarding the adoption of Ordinance 771.2 amending Ordinance 771. The Court takes judicial notice of this document under Evid. Code §452(b), which permits judicial notice of regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States Demurrer: Except as otherwise provided by statute, a public entity is not liable for an injury, whether such injury arises out o...

Excerpt: ...an order compelling CrossDefendant Pennymac Loan Services, LLC to provide further responses to RFA numbers 10 and 11 and for sanctions. CitiMortgage asserts that Pennymac's responses to these requests merely provided meritless objections. The RFAs in question are as follows: No. 10: Admit that YOU had a duty to notify Plaintiffs that CitiMortgage repurchased the LOAN. RESPONSE: PLS objects to this Request on the ground that it: (i) is vague and a...

Excerpt: ...nts claims are subject to the workproduct privilege. The parties are ordered to meet and confer after the privilege log is produced and to attempt to informally resolve their dispute. If the dispute cannot be resolved, the parties are ordered to file with the Court on or before June 21, 2021 a joint declaration detailing any points of agreement and disagreement with regard to production of documents described on the privilege log. The parties' fa...

Excerpt: ... Edward Ortiz and Nancy Ortiz (“Plaintiffs”) filed the complaint seeking to quiet title to the Property on June 7, 2019 against defendants Kenneth Bordewick and 1801 Boulevard Holdings, LLC (the “LLC”) (together, “Defendants”). Defendants filed a cross‐complaint for breach of contract and fraud against Plaintiffs on September 19, 2019. The parties subsequently entered into a stipulation, which provides in relevant part: • Defendan...

Excerpt: ...ue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once this burden has been met, the burden shifts to the oppo...

Excerpt: ...roject by Defendant Southern California Edison to move transmission lines that crossed I‐10 from temporary to permanent poles. On 04/21/17, Plaintiff in the instant individual case (PSC1801449), Maria Alvarez, filed identical government claims with the State of California naming the responsible agency in one as Caltrans and the CHP in the other based upon the following: At approximately 5:15AM on October 23, 2016, Ms. Alvarez was a passenger in...

Excerpt: ...d damages. Like the First Amended Complaint, the Second Amended Complaint (“SAC”), alleges four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda Page 4 of 7 to the Purchase Agreement; and (4) Declaratory Relief for Cancellation of the Purchase Transaction. Defendant Sellers once again gen...

Excerpt: ...t. (Dec.Janssen ¶3; Dec.Johnson ¶16; and Notice of Lodgment [NOL] Ex. “11” [arbitration agreement.]) Defendants assert that since Decedent was unresponsive and sedated upon admission, Anthony necessarily signed the documents as Decedent's agent and bound all claims to be resolved in arbitration. Anthony Sanchez declares that he was informed by Defendants' staff that as his mother's sons, any of them could sign on her behalf. (Oppo., Dec.Ant...

Excerpt: ...ond to the Complaint because they believed that Plaintiff intended to resolve the issue informally. (Decl. of Marvin, ¶20.) However, Plaintiff's counsel sent a letter to Defendants on May 30, 2020 indicating that if Defendants did not confirm in writing that they would comply with the CC&Rs and approval process before any further construction, Plaintiff would pursue legal action. (Plaint. Ex. E.) Counsel also advised Defendants of the ex parte h...

Excerpt: ...allege in the FAC that defendant PVC is not listed in the “Roster of Public Agencies” created by section 53051. FACTS Defendant Blythe Post Acute is a skilled nursing facility. Defendants Stewart Smith and Mindy Love are registered nurses and defendant Kelly Vasquez is the Director of Nursing. All individual defendants work at Blythe Post Acute. Plaintiff began working for Blythe Post Acute (“BPA”) as a Certified Nursing Assistant (“CNA...

Excerpt: ...er hearing oral argument. 2. GRANT defendant's Palo Verde College's motion to strike. On February 6, 2021, the court sustained defendant Palo Verde College's demurrer to the original complaint and it also provided plaintiff, a state prison inmate, with 45 days to amend. Plaintiff had failed to oppose both the demurrer and the motion to strike and he did not make an appearance at the February 6, 2021, hearing. Unbeknownst to the court at the time ...

Excerpt: ...ment by making $150,000 worth of capital improvement on the Clark Property for Tiger Eye to farm hemp plants on the land. Plaintiff alleges that Defendant breached his duties under the Agreement by failing to reimburse Plaintiff for the capital improvement and to distribute his share of the profit from the secret sale of 10,000 pounds of hemp. Plaintiff also alleges that Defendant breached his duties under the Agreement by interfering with Tiger ...

Excerpt: ...cts 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 need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A demurrer on the ground of unc...

Excerpt: ...ny property acquired as a result of those skills efforts, labor, and earning with plaintiff.” (Second Amended Complaint, ¶ 3.) On 11/16/19, Defendant ended the relationship with Plaintiff and moved out. Plaintiff contends that he has asked for an accounting of all assets that were accumulated while they lived together and that said assets be split. Defendant has refused to do so. The second amended complaint is titled “complaint for damages ...

Excerpt: ...plaint. To withstand 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.) Gen...

Excerpt: ...ment by making $150,000 worth of capital improvement on the Clark Property for Tiger Eye to farm hemp plants on the land. Plaintiff alleges that Defendant breached his duties under the Agreement by failing to reimburse Plaintiff for the capital improvement and to distribute his share of the profit from the secret sale of 10,000 pounds of hemp. Plaintiff also alleges that Defendant breached his duties under the Agreement by interfering with Tiger ...

Excerpt: ...ile proof of service is discharged. Analysis: Factual assertions on the basis of information and belief are not admissible evidence. It is undisputed that the plaintiff signed the agreement, and that the agreement is subject to the FAA. The agreement to arbitrate may delegate to the arbitrator the determination of “threshold issue of arbitrability,” including whether the agreement covers a particular controversy. (Henry Schein, Inc. v. Archer...

Excerpt: ...crets Act (Civ. Code, §3426 et seq.). Plaintiff is a distributor of sanitary and related supplies and equipment to commercial, industrial and institutional markets throughout California. The moving Defendants are its competitors. Plaintiff, among other causes of action, alleges that individual defendants, who are its former employees and agents misappropriated Plaintiff's trade secrets, including “customer pricing system‐based products, vend...

Excerpt: ...ment should be granted if no triable issue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once this burden has...

Excerpt: ...leave to amend. The proposed order and proposed judgment are signed. Analysis: The defendants Rice‐Hall and Baker moved for summary judgment. The Court deemed the motion one for judgment on the pleadings, and continued the hearing to permit the plaintiff to oppose the motion as a MJOP. The Court does not rule upon the defendants' evidentiary objections, filed 3‐23‐21, because the evidence to which they relate is not material to the Court's ...

Excerpt: ... filed by Defendant/Cross‐Complainant, Broan‐Nutone. (“Broan”). The Cross‐Complaint relates to the original action filed in this case for Negligence and Product Liability filed by Plaintiff Security National Insurance Company against both Broan and Lab Corp. On April 26, 2019, Plaintiff brought the instant action exercising its subrogation rights to stand in the shoes of its insured, Joseph Rajabi DDS, whose property was damaged by the ...

Excerpt: ...ond to the Complaint because they believed that Plaintiff intended to resolve the issue informally. (Decl. of Marvin, ¶20.) However, Plaintiff's counsel sent a letter to Defendants on May 30, 2020 indicating that if Defendants did not confirm in writing that they would comply with the CC&Rs and approval process before any further construction, Plaintiff would pursue legal action. (Plaint. Ex. E.) Counsel also advised Defendants of the ex parte h...

Excerpt: ...se of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) If the plaintiff does not make such a showing, summary judgm...

Excerpt: ... occurred on 9‐12‐19, when the plaintiff filed his first amended complaint that named solely Desert Regional Medical Center, and omitted any doe defendants. The motion was not filed until 5‐7‐21, over 19 months later. Moreover, even if the six‐month deadline did not apply, the motion was not brought within a reasonable time. Although the plaintiff was self‐represented when both the original complaint and the FAC were filed, he retaine...

Excerpt: ...rn signal. Plaintiff alleges defendant FCA US, LLC's (“FCA”) authorized dealerships were unable to properly repair the vehicle, thereafter denying plaintiff's request for repurchase of the vehicle. The complaint states the following causes of action: 1. Breach of Implied Warranty; 2. Breach of Express Warranty. The present motion is a motion for summary judgment/adjudication brought by FCA on plaintiff's complaint. FCA argues that plaintiff c...

Excerpt: ...Page 3 of 3 As to relevancy, Essentially Defendant claims that it has agreed to produce documents which it has determined are relevant to Plaintiffs' claims, those being, documents relevant to specifically Plaintiffs' vehicle: GM's Global Warranty History Reports for Plaintiffs' Cruze, including that vehicle's Transaction History documenting all the warranty repairs for which GM—not Plaintiff— paid; incidentally obtained repair orders for Pla...

Excerpt: ..., by signing a California Motor Vehicle Lease Agreement (“Lease Agreement”). Plaintiff is the lessee and the dealership, Walters Auto Sales & Service, Inc., the lessor. MBUSA did not sign the lease agreement. Plaintiff alleges that after leasing, he delivered the vehicle for repairs on at least three occasions for certain defects and nonconformities in the vehicle, but MBUSA or its authorized repair facility failed to conform the vehicle to t...

Excerpt: ...judgment may be void as a matter of law for many reasons, including lack of or improper service. Lovato v. Santa Fe Int'l Corp. (1984) 151 Cal.App.3d 549, 553‐554. A two‐year outer time limit is set for motions seeking to set aside default under C.C.P. § 473(d), based on improper service. Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180. C.C.P. § 473.5 applies when “service of summons has not resulted in actual notice to a party in time...

Excerpt: ...e Summit Drive property is granted. The court may take judicial notice of the existence of recorded documents and their legal effect. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) II. The Motion is Denied A party may file a motion to quash service of summons on the grounds of lack of jurisdiction under CCP § 418.10(a). Fu...

Excerpt: ... managed by defendants Lowe's Home Centers, LLC (“Lowe's”) and Pacific Castle Management, Inc. (“Pacific Castle”). Plaintiff alleges the wet floor created a slipping hazard, and defendants allowed the dangerous condition to be created by failing to inspect, maintain or warn of the condition. Plaintiff alleges that defendants Tyler Anderson (“Anderson”) and Mathew O'Neal (“O'Neal”), employees of Lowe's, negligently moved Plaintiff ...

Excerpt: ...rect and were necessarily incurred in the case.” (CRC 3.1700(a)(1).) Further, the motion is not identified as a memorandum of costs and did not provide Defendants with sufficient notice in order to file a proper motion to tax costs. (See CRC 3.1700(b)(1) [notice of motion to tax costs must be served and filed 15 days after service of the cost memo].) Because of the absence of the memorandum of costs, the court may not award litigation costs, an...

Excerpt: ...as an experienced drug user. He had a history of convictions for use, possession and manufacture of methamphetamine. Prior to the collision, Miller consumed some quantity of methamphetamine intentionally. As a result of prior drug education programs to which he was sentenced, Miller knew that the methamphetamine would cause him drive dangerously and to be unable to maintain concentration and focus, and to be unable to safely operate a vehicle. He...

Excerpt: ...ainst demurring defendants GGMP Veterans and Montoya are premised on alter ego liability, as no theory of direct liability has been alleged. Under the alter ego doctrine, the complainant must establish (1) that there is such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) that, if the acts are treated as those of the corporation alone, an inequitable result will follow....

Excerpt: ...property; and, inspect, copy, test, or sample electronically stored information. (CCP § 2031.010(b)‐(e).) Tangible things that are subject to inspection include “other property”, or “object[s] or operation[s]” under CCP § 2031.010(c), (d), but these terms are not defined. As with other discovery methods, only matters within the scope of CCP § 2017.010, and subject to the restrictions in CCP § 2019.030(a), may be inspected, copied, t...

Excerpt: ...d causes of action for breach of express and implied warranty under the SongBeverly Act is four years. (Krieger v. Nick Alexander Imports, Inc. (1991) 234 Cal.App.3d 205, 215.) “A cause of action normally accrues when under the substantive law the wrongful act is done and the liability or obligation arises, that is, when action may be brought.” (Mosesian v. County of Fresno (1972) 28 Cal. App. 3d 493, 500.) However, under the “discovery rul...

Excerpt: ...party required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the entire case unless good cause is shown why the case should not be dismissed.” (Cal. R. Ct. 3.1385(c)(2).) This is the basis of the dismissal. “The only decision before the court at a rule 3.1385 hearing is whether to dismiss the case or restore it to the civil active list.” (Irvi...

Excerpt: ...ng argument regarding barebones confidentiality fails: Defendant Planned Parenthood is a health care provider specializing in gynecological and reproductive health care, including abortions and family planning care, which has subjected it to political and physical attacks. Throughout the course of this litigation, Planned Parenthood has produced confidential documents. These documents can be used by all parties within the bounds of this case, inc...

Excerpt: ...pplicable standard of care; (2) there was no neglect or abuse on the part of Moving Defendant; (3) no conduct by Moving Defendant caused Plaintiff's injuries; and (4) there is no basis for the enhanced remedies sought by Plaintiffs. These are four of the six issues set forth in the separate statement. With respect to the issues of standard of care and causation, Moving Defendant offers the expert opinion of Daniel Bessler, M.D., who affirms that ...

Excerpt: ...n alleges she purchased the mobile home from Defendants Park Place ("the Park") and Westwind Enterprises in February 2018 for $ 25,000 ($10,000 cash and $15,000 cashier's check) and later sold it to Defendants Alejandro Solis and Elda Bravo for $65,000. Plaintiff contends she restored the home but Defendants the Park and Westwind refused to transfer title despite their agreement. Plaintiff alleges that subsequent to selling the mobile home to Sol...

Excerpt: ...z and Brenda Denholtz, own property located at 8669 Limonite Avenue, Jurupa Valley, CA (8669 Limonite) that they leased to Plaintiff, Jorge Orozco on 6‐5‐20 (a second lease was entered on 6‐30‐20.) Plaintiffs' have directed subpoenas to the City of Jurupa Valley and to the County of Riverside. The deposition subpoena directed to the County seeks “all” documents “of any and all property in Riverside County held and/or owned by” Def...

Excerpt: ...hourly wage of $11‐$11.25, and $12 in 2020. He contends he was required to work more than 40 hours, and without the proper meal and rest breaks. On 3/16/20, Plaintiff filed this action. The operative pleading is the First Amended Complaint (FAC) filed on 12/17/20 for: (1) failure to pay wages; (2) failure to provide meal and rest periods; (3) failure to pay minimum wages; (4) failure to pay overtime wages; (5) failure to pay wages due upon term...

Excerpt: ...Request for Judicial Notice of Exhibits 10 and 18 is granted pursuant to Evidence Code Section 452(c). Defendant's Evidentiary Objections to Declaration of Pat Norris: Sustained as to Nos. 1, 5 – 16 and overruled as to Nos. 3 and 4. Defendant's Evidentiary Objections to Declaration of Dickie Wrightsil: Sustained as to Nos. 1, 2, 4 – 7 and overruled as to Nos. 3. Facts and procedural background: Plaintiff Dickie Wrightsil is a member of Defend...

Excerpt: ...ant PHH Mortgage Corporation is the current servicer. On 6/27/18, a notice of default was recorded and on 12/28/18, a notice of trustee's sale was recorded with a sale date of 7/31/19. On 7/3/19, Plaintiff submitted a complete loan modification application, but continued with their foreclosure efforts. She alleges that on 1/30/20, her application was denied and she appealed on 1/30/20. Plaintiff filed this action on 7/23/19. After the court susta...

Excerpt: ...e risk to invitees, have a duty to make the condition reasonably safe for the use of customers or to provide warnings adequate to enable them to avoid the harm. CAR fails to show that it did not have actual notice of the obstruction of the doorway, or would not have known about it through a reasonable inspection. The short duration of the obstruction, without more, is not dispositive proof to negate constructive notice. Whether a dangerous condit...

Excerpt: ...n July 16, 2018, Plaintiff went to Defendant for cataract extraction with intraocular lens implant in her right eye. Defendant opened Plaintiff's right eye to remove the cataract, but there were complications during surgery and she could not remove all of it. Plaintiff was instructed to return in three months. (FAC, ¶¶ 10‐13.) On November 12, 2018, Plaintiff returned to have Defendant implant a posterior chamber intraocular lens in her right ...

Excerpt: ...ted by inadmissible hearsay evidence. Respondent maintains that Petitioner failed to exhaust his administrative remedies prior to filing the Petition, thereby barring his claim. On the merits, Respondent contends it provided the statutorily required notice of the accusation and the hearing, and that the DRE Decision is supported by substantial admissible evidence, which showed Petitioner violated numerous provisions of the Real Estate Law and reg...

Excerpt: ...privilege, a privilege log is to be provided with sufficient specificity to allow the court and parties to determine if the claim is appropriate, including but not limited to the name of the document, the author, the date, all receiving parties and general substance of the document. However, Defendant claims that documents produced by Plaintiff not only do not support its claims but suggest that Plaintiff's claims are inflated and that the only w...

Excerpt: ... is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing t...

Excerpt: ...iced motion for relief from waiver is required. (i.e., such relief cannot be granted ex parte, or where the only motion pending is a motion to compel.) (CCP § 2030.290(a).) The party seeking belatedly to assert some objection must show that he or she has belatedly served responses “in substantial compliance” with that party's duty to respond under CCP § 2030.210(a). (CCP § 2030.290(a)(1).) The declarations must establish that the party's f...

Excerpt: ...tiff experiences a contemporary sensory awareness of the causal connection between the defendant's infliction of harm and a close relative's injury. (Fortman v. Forvaltningsbolaget Insulan AB (2013) 212 Cal.App.4th 830, 836; see also Ko v. Maxim Healthcare Services, Inc. (2020) 58 Cal.App.5th 1144, 1159 (Ko).) As to these Defendants, Plaintiff Downey alleges that she was on the phone with her daughter, Plaintiff Vance, when the dangerous conditio...

Excerpt: ...to be the “sole and proximate cause” of the accident. (SAC p. 5.) This defect is not curable since the car accident did not occur on Harney's property. The SAC alleges that Harney owns real property located on Calle Cabernet in Temecula. (SAC p. 6 ¶1.) It is alleged that from 2016 to 8/20/18, Plaintiff regularly visited and spent time at Harney's property with Holt, which Harney was aware of. (SAC p. 6 ¶2.) Plaintiff alleges that Harney kne...

Excerpt: ...dant's time to reply was extended by two court days based upon electronic service, but Plaintiff presents no authority under which Defendant could not rely on the mail service deadline. Moreover, Plaintiff's substantive opposition waived any defect or irregularity in the filing and service of the motion. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Defendant has the burden to establish Plaintiff's claimed deposition costs are unreasonab...