Excerpt: ...of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. (Id. at 1055.) Once a plaintiff meets his burden, the defendant has the burden to demonstrate that the exercise of jurisdiction is unreasonable. (Buchanan v. Soto (2015) 241 Cal.App.4th 1353, 1362.) The ...

Excerpt: ...iff Corina Young (“Plaintiff”), derivatively on behalf of Southern California Organic Treatment (“SCOT”), filed the complaint (the “Complaint”) in this action on July 16, 2020 against defendants David Gash (“Gash”) Matthew Yamashita (“Yamashita”), James Hammermeister (“Hammermeister”), Quorum Green Industries, LLC (“Quorum”); Grizzly Peak Farms, LLC (“GPF”); Grizzly Peak Farms II (“GPF II”), LLC; Grizzly Peak F...

Excerpt: ...ration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by...

Excerpt: ...” whether the offer for reinstatement was for a job substantially equivalent to her prior position, and whether the rejection of the offer was reasonable. Defendant's motion is also procedural defective because Defendant failed to show summary adjudication would dispose of all of Plaintiff's claim for economic damages, as opposed to lost income only. A motion for summary adjudication can be granted only if it completely disposes of the cause of...

Excerpt: ...submitted with the original declaration without explanation, and is therefore untimely, is stricken, and has not been considered by the Court. A motion for preliminary injunction must show (1) a probability of prevailing on the merits, and (2) that the balance of hardships favors issuance of the injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463.) However, “[t]he applicant must demonstrate a real threat of immediate and ...

Excerpt: ...nd suffered severe injuries. She alleges that the fluid came from pipes and other equipment in around the kiosk. She alleges that Defendant, Joshua Mitchell, was doing business as Nitro Puff Magic, and that Defendant, the Millard Group, was responsible for maintenance and inspection along with the remaining Defendants. Plaintiff filed her Complaint on 6/10/20 alleging a single cause of action for negligence. On 1/25/21 Defendant, Tyler Mall Limit...

Excerpt: ...d the examination. The exam may be audio‐recorded, but not video‐ recorded. (Code Civ. Proc., § 2032.530, subd. (a); see also Baqleh v. Superior Court (2002) 100 Cal.App.4th 478, 492.) Plaintiff is correct that the court lacks jurisdiction to compel participation by the parents. However, if the parents refuse to facilitate the IME, the court has jurisdiction to impose discovery sanctions, including monetary, evidentiary, issue, and terminati...

Excerpt: ...lternative meaning of the terms and provisions within the parties' Shopping Center Lease agreement that is contrary to the Lease's unambiguous terms.” Even if this motion were granted, what meaning would that order have at trial but to prompt further motions in limine regarding specific testimony and documents? While the lease agreement here includes an integration clause that may result at trial in the exclusion of some extrinsic evidence for ...

Excerpt: ...e hearing on this Motion was continued from April 13, 2021, to May 13, 2021, for the moving party to comply with the Case Management Order (“CMO”), particularly CMO Section H (3)(a)(iii)(D), 3(a)(vi), 3(i), 3(l). Accordingly, Plaintiffs have filed supplemental documents in further support of their Motion and have now fully complied with the CMO. This is a wage and hour class action. Plaintiffs bring the instant Motion for Preliminary Approval...

Excerpt: ...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 the petitio...

Excerpt: ... complaint's prayer. Plaintiff will be granted 30 days with which to file a third amended complaint assuming it opts to do so. Defendant has moved to strike the second amended complaint's allegations in support of an award of punitive damages as well as the portion of the prayer requesting same. (Code Civ. Proc., §§ 436, subd. (a), 431.10.) Punitive damages are authorized where the tortious event in question involves an additional component of ...

Excerpt: ...nder this agreement, Petitioner agreed to pay the commodity rate for reclaimed water at the same rate adopted by the Respondent for other reclaimed water customers. In 2015, Respondent substantially increased its rate for reclaimed water. Petitioner objects to this increase. It asserts Respondent's facilities consist of a North City Plant and South Bay Plant. It contends it is improperly being forced to pay for fees associated with the North City...

Excerpt: ...nd sustains the remaining objections for lack of foundation. The court sustains all of Defendants' objections to the declaration of Elias Teshome for lack of foundation. Plaintiffs have shown a reasonable probability of prevailing on the merits. The declaration of Chris L. Boulter, the Custodian of Records for Val‐Chris Investments, Inc., includes an escrow closing statement from June 2011. The closing statement shows that Plaintiffs paid $289,...

Excerpt: ...s on the same cause of action.” Diaz is not another action pending between the same parties. The Diaz action is a class action, in which the plaintiff is suing on behalf of himself and similarly situated employees. By contrast, the instant action is solely a PAGA action, in which the plaintiff is suing on behalf of the State of California. Therefore, to the extent that the defendants are relying upon Diaz, the statutory grounds are not present....

Excerpt: ....) The motion by the defaulting party based on equitable grounds may be made at any time, provided the party acts with diligence upon learning of the relevant facts. (Trackman v. Kenney, 187 Cal.App.4th at 181; County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1226‐1230.) Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been “deliberately kept in ignorance of the action or proceeding, or i...

Excerpt: ...d under accepted accounting methods should not have been comingled in the one account held by defendant. (See Undisputed Material Fact (UMF) Nos. 2, 4, and Declaration of Jim Vitelli, CPA at ¶¶ 8‐10.) Vitelli, a certified public accountant, explains in his declaration filed in support of the opposition that deposits are a debit to the cash account and a credit to the liability account and held as a liability until the service is rendered, at ...

Excerpt: ... of discretion is established if the [agency] has not proceeded in the manner required by law, the order or decision is not supported by the findings, or the findings are not supported by the evidence.” (Ibid.) The scope of review of supporting evidence for abuse of discretion depends on whether the decision substantially affects a fundamental vested right. (CCP § 1094.5(c); JKH Enterprises, Inc. v. Department of Industrial Relations (2006) 14...

Excerpt: ...g that there is no merit to a cause of action by showing that 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 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...

Excerpt: ...losing, including notifying the borrower of alternative debt relief procedures. (See Civ. Code, § 2923.55(b)(2) [requiring mortgage servicer to “assess the borrower's financial situation and explore options for the borrower to avoid foreclosure.”] The requirements of section 2923.55(b)(2) apply only to first lien mortgages or deeds of trust on owner occupied residential property. (Civ. Code §§ 2924.15, 2923.55.) Plaintiff alleges in her co...

Excerpt: ...ow Plaintiffs to comply with the noncompliant matters under CMO Section H (3)(a)(iii)(D), 3(a)(vi), 3(i), and 3(l). Plaintiffs should also address the suggested revisions discussed below. The introductory paragraph of the Proposed Order, when defining “Settlement” should reference that the Settlement agreement is attached as “Exhibit A” to the Declaration of John A. young filed on March 18, 2021. Paragraph 1 of the Proposed Order should a...

Excerpt: ...that the defendant's conduct was deceptive and the deception caused plaintiff harm. (Massachusetts Mutual Life Ins. Co. v. Superior Court (2002) 97 Cal.App.4th 1282, 1292.) Plaintiff alleges that TOD violated the CLRA by: (1) misrepresenting the Vehicle's condition; (2) concealing the Vehicle' s condition; (3) telling Plaintiff the Vehicle was in excellent condition when it was not; (4) telling Plaintiff the Vehicle was a certified vehicle, when ...

Excerpt: ...ing of sever or extreme emotional distress; and (3) actual and proximate cause resulting from the conduct. (Hughes v. Pair (2009) 46 Cal. 4th 1035, 1050‐51). “A defendant's conduct is ‘outrageous' when it is so ‘extreme as to exceed all bounds of that usually tolerated in a civilized community.'” (Id. at 1050 [quoting Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965, 1001]). In order to avoid a demurrer, the plaintiff must all...

Excerpt: ...lement (p. 5), but did not attach a copy of the settlement agreement. Defendants Ewing and Burns responded by filing a motion to contest the good faith of the settlement. Nowhere in their motion do the moving parties express uncertainty regarding the terms of the settlement, express any disagreement regarding the terms of the settlement, complain of the settling defendants' failure to attach a copy of the settlement agreement to their application...

Excerpt: ...permissibly duplicative and serve no useful purpose, and (4) PNMAC Capital does not allege any facts evidencing that it is entitled to the requested relief. CitiMortgage asserts that PNMAC Capital Management, LLC's ("PNMAC Capital") crosscomplaint asserts four declaratory relief claims in an attempt to rewrite an agreement it entered into more than ten years ago. PNMAC Capital concedes that it entered into a written agreement— the Master Mortga...

Excerpt: ...g that there is no merit to a cause of action by showing that 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 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...

Excerpt: ...otion: All American appears to have been properly served with the Motion. All American contends that it was not properly served with the Motion for reason Plaintiff filed a Notice of Taking Motion to Compel Hearing Off Calendar on 4‐8‐21. That notice applied to motion filed 3‐12‐21, which Plaintiff took off calendar. Plaintiff refiled her motion and All American was served with this motion and filed its Opposition. As to the motion to com...

Excerpt: ...s David Gash (“Gash”) Matthew Yamashita (“Yamashita”), James Hammermeister (“Hammermeister”), Quorum Green Industries, LLC (“Quorum”); Grizzly Peak Farms, LLC (“GPF Page 4 of 5 I”); Grizzly Peak Farms II (“GPF II”), LLC; Grizzly Peak Farms 3 (“GPF III”), LLC; Touch of Green Holdings, LLC (“TGH”); and Gold Coast Design, Inc. (“GCD”) (Gash, Yamashita and Hammermeister are collectively referred to as the “Direct...

Excerpt: ...f alleges that the District discriminated against him by siding with Sanchez and terminated him without a proper investigation because she is a woman. (Compl., ¶13, 14, 17.) The District argues that Plaintiff was terminated based on the allegations and subsequent investigation and findings of theft. However, other than vague statements made by Plaintiff, the District produced no evidence of the investigation. Plaintiff does not dispute that the ...

Excerpt: ...to CCP §473(b). Defendant moves the court to set aside the default on the grounds the parties agreed that Defendant would purchase Plaintiffs' share of the property. December 17, 2020, defendant's default was taken by plaintiff's attorney without any warning, after the defendant obtained a loan in reliance on the representations of the plaintiffs and eventually, their attorney. Defendant submitted his declaration in support of his motion, which ...

Excerpt: ...eceived her Declaration in support of a motion for reconsideration. Both Sherron and Williams separately and specially move to strike based on the litigation privilege and either CCP Section 425.16(e)(1)‐(2). Sherron and Williams have met their initial burden to show that their actions are protected speech under the first prong analysis of the Anti‐Slapp statute. The opposition now has the burden of proof to establish that she will prevail on...

Excerpt: ...e complete defense of primary assumption of the risk does not apply to a victim (not in the veterinarian profession) who voluntarily exposes himself to a dog bite. Rather, secondary assumption of the risk applies in which the plaintiff's own fault is assessed under a comparative negligence analysis. (Davis v. Gaschler (1992) 11 Cal.App.4th 1392, 1399‐1400 (owners who failed to control their dog could not assert assumption of the risk as a compl...

Excerpt: ...duct by subjecting him to unnecessary and unwarranted police investigations. (Compl., ¶31.) He asserts that Sanchez published a false accusation of grand larceny. (Ibid.) Sanchez argues that this conduct was not outrageous because the accusations were true based on Plaintiff's guilty plea in the criminal proceedings. Plaintiff testified that he pled guilty to misdemeanor embezzlement in the criminal matter concerning the alleged stolen property....

Excerpt: ...where Plaintiff fell did not constitute an unreasonabley dangerous condition and that the disabled parking space where Plaintiff's mother was parked met all ADA requirements. (Snyder Decl., ¶¶ 9‐10 14‐16.) Based upon Snyder's testimony – which is accepted as admissible without argument – SGMH meets its initial burden to demonstrate that it did not breach a duty of care and that Plaintiff, therefore, cannot establish all of the necessary...

Excerpt: ...es: that she is a dependent adult (¶¶ 7 & 21; § 15610.23, subd. (a)); that she was under the care, and received home health care services from, the defendants (¶¶ 8 & 23); that the defendants were “care custodians” within the meaning of section 15610.17 (¶¶ 10 & 21); that as a result of the defendants' negligence, the plaintiff suffered a broken femur (¶¶ 15 & 26); and that the negligence constitutes “neglect” under the Act (¶ 2...

Excerpt: ...ite Medical); Neuropathy Solutions dba Superior Health Centers (Superior Health); and Alexa Benson (Benson). Plaintiff alleges that he is paralyzed from the waist down by injections he received based on the recommendation of Superior Health, which recommended stem cell injections for knee pain and to increase mobility. Plaintiff alleges the injections were not live stem cells and cost over $13,000.00, many times more than the usual rate. Plaintif...

Excerpt: ...endants arising out of a bicycle with motor vehicle accident. Plaintiffs allege 5 causes of action for: 1) dangerous condition of public property, 2) public entity liability for failure to perform mandatory duties, 3) premises liability, 4) negligence, vehicle, and 5) negligent entrustment. City of Cathedral City demurs to the 1st and 2nd causes of action in Plaintiffs' First Amended Complaint on the following grounds: 1) Plaintiff, SONIA HERNAND...

Excerpt: ...s and unintelligible. (CCP § 430.10(f).) Demurrers for uncertainty are sustained where the defendant cannot reasonably determine what issues must be admitted or denied, or what claims are directed against him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) No such uncertainty exists here. The special demurrers are overruled. 3rd Cause of Action for breach of implied warranty of habitability The elements of a breach of imp...

Excerpt: ... and pesticide sprayers. Plaintiffs' operative Second Amended Complaint alleged the following causes of action: (1) Failure to Pay Wages; (2) Failure to Provide Lawful Rest Periods; (3) Unfair Competition; (4) Failure to Furnish Accurate Itemized Wage Statements; and (5) Remedies Under the PAGA. The parties participated in multiple mediation sessions, which resulted in a settlement in February 2021. Plaintiffs bring the instant motion for prelimi...

Excerpt: ...oral agreement with defendant Jesus Hernandez (“defendant” or “Hernandez”) for a life estate in property at 194 Pennsylvania Street in Lake Elsinore (“subject property”). (Complaint, ¶ 3.) Plaintiff alleges she “agreed to pay defendant …$139,000.00” for the life estate and did pay him. (Complaint, ¶¶ 3, 10 [“Plaintiff paid the…$139,000.00…for the subject property pursuant to the agreement.”].) Under the agreement, pla...

Excerpt: ...Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First Cause of Action Wrongful Death – Negligence, Violations of Penal Code § 245.6, Civil Code §§ 43 and 52.1, Assault and Battery, Negligent Hiring, Supervision and Retention: “In California, all government tort liability must be based on statute.” Bece...

Excerpt: ...�, 140 lbs. The declaration of due diligence reflects that the registered process server made three prior attempts at service on Mr. Callo at the same address where substituted service was made. It also states that after substituted service was accomplished, a copy of the summons and complaint was mailed to Defendant at the same address. A default judgment was entered in February 2016. This is Defendant's third motion to set aside the judgment. T...

Excerpt: ... the date of the document and subject matter. Additionally, plaintiff to produce all previously produced email messages in native format. Plaintiff to serve the above within 15 days. The parties are to meet and confer in person or on the telephone within 7 days to determine whether and what search terms should be employed to conduct further search for responsive email messages. Motion denied at this time as FATC seeks disclosure of the alleged �...

Excerpt: ... Claimants Trust (1996) 48 Cal.App.4th 976, 978‐979.) The moving party needs to show that the issues in each case are basically the same and that economy and convenience would be served by consolidation. (Id.) Consolidation is proper where there is no risk of undue confusion and prejudice. (Id. at 980.) The unlawful detainer procedures “provide an adequate, expeditious and summary procedure for regaining possession of real property wrongfully...

Excerpt: ...ion of Christopher Ross (Ross Decl.) ¶¶ 8‐12). In addition, Plaintiff claims that according to former District Attorney Rod Pacheco, Hestrin told Pacheco that the County's lawyers asked Hestrin not to testify in this case that District Attorney Zellerbach was unethical. Defendant County moves to quash. The Court grants the motion to quash as Plaintiff has not shown a compelling need to take Hestrin's deposition. Hestrin is a high‐ranking go...

Excerpt: ...he special motion to strike with respect to all other respondents in the case. Finally, the court's tentative is to DENY both sides' requests for costs and attorney's fees, as neither side has submitted declarations or other evidence supporting the requests. The primary question before the court is the propriety of respondents' special motion to strike under Code of Civil Procedure section 425.16,1 the so‐ called anti‐SLAPP (Strategic Lawsuit...

Excerpt: ... Organization LLC was defaulted because it was suspended and unable to participate in litigation. The Court is not aware that Zitro has been reinstated and so presumes the opposition is filed on behalf of CAL only. All parties appear to agree that attorneys' fees awarded here should be calculated using lodestar methodology, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (PCLM Group, Inc. v. Drexler (2000) ...

Excerpt: ...l, is the estimate of 1004 class members still accurate? 2. The Treger Declaration notes there is a San Diego Superior Court case which alleges a claim on behalf of all non‐ exempt employees of Sheraton Operating Corporation arising from alleged meal and rest break violations from May 2019 through the present. There are nine members of the Security Guard class in the present action who potentially fall within the definition of the represented g...

Excerpt: ...vid Wood. Sustain with 30 days leave to amend as to the third (negligence), fourth (UCL), sixth (unjust enrichment), seventh (money had and received), and eighth (equitable indemnity) causes of action as against David Wood. 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 suff...

Excerpt: ...y on Sterling Place in Rancho Mirage. (Complaint, ¶¶ 9, 11, Exhibit A.) Defendant owns property on Verlaine Drive in Rancho Mirage. (Id., ¶¶ 10, 12, Exhibit B.) The Defendant's property is located directly behind the Plaintiffs' property, and the two properties are separated by a brick wall. (Id., ¶ 13, Exhibit C.) The Plaintiffs maintained a row of 25 ficus trees and one fruit tree (standing 25 to 35 feet high) along the back wall bordering...

Excerpt: ...showing that the challenged cause of action arises from protected activity. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88; Code Civ. Proc., § 425.16, subd. (b)(1).) If Defendants meet this burden, the court determines whether Plaintiffs can demonstrate a reasonable probability of prevailing in the action. (Id., at pp. 88–89.) Plaintiffs' first cause of action alleges a violation of 42 U.S.C. § 1983 against individual Defendants Fine and Amer...

Excerpt: ... (Salisbury) and Ivan U. Cisneros. In an underlying suit entitled Barnum v. Aware Self‐Storage Inc. (BAC 1300908) alleging ADA violations, Plaintiff told its property manager, TNT Self‐Storage Management, Inc. (TNT), to handle the matter. TNT hired SGI who allegedly failed to respond to the complaint, resulting in a default judgment or a stipulated judgment, which Plaintiff was unaware of. On 7/28/20, Plaintiff filed its Second Amended Compla...

Excerpt: ...nney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) A special demurrer, other that subsections (a) & (e) of section 430.10, on the other hand, attacks the complaint on other grounds, such as uncertainty, misjoinder, lack of legal capacity or failure to identify the contract as oral, written, or implied by conduct. The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d...

Excerpt: ...y concealed or suppressed the fact with the intent to defraud the plaintiff; (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact; and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage. (Kaldenbach v. Mutual of Omaha Life Ins. Co. (2009) 178 Cal.App.4th 830, 850.) There are four circumstances that give rise ...

Excerpt: ...e court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” There are two forms of relief: mandatory or discretionary. (CCP §473(b).) Relief is mandatory if based on attorney fault and the court must set aside the entry of default, default judgment or dismi...

Excerpt: ...ingle cause of action for negligence and the addition of exemplary and punitive damages. Plaintiff asserts that the First Amended Complaint pled causes of action for negligence and assault and battery. The causes of action for assault and battery have since been stricken, via stipulation between the parties. Through the litigation process, however, Plaintiff's counsel has uncovered further evidence and facts indicative that Defendant breached his...

Excerpt: ...h cause of action. FACTUAL / PROCEDURAL CONTEXT Petitioners Katherine Robertson (“Katherine”), Dale Robertson, Jr. (“Dale”), Antonio Varela, Jr. (“Antonio”) and Roberto Varela (“Roberto”) (together, “Petitioners”) filed the present petition/motion for relief form the claims filing requirement under Gov. Code § 945.4 on March 10, 2021 against the County of Riverside (erroneously named as Riverside University Health System – ...

Excerpt: ...f material fact regarding causation. (Ian Jenkins, M.D.'s Declaration, ¶ 9; Samuel Pleasure, M.D.'s Declaration, ¶¶ 8 and 11.) Plaintiff has provided declarations from medical experts to show the triable issues. The declarations indicate that Altriki failed to meet his required standard of care and that his conduct caused Plaintiff's injuries. Ian Jenkins, M.D. opines that Altriki, as the supervising physician, fell below his standard of care ...

Excerpt: ...onsistent. It refers to the claims justifying the payment as being both “individual claims” (¶¶ 7 & 8) and as “Plaintiff's PAGA claim” (¶ 12). If the payment is in consideration of a PAGA claim, then the bulk of the settlement must go to the LWDA. Even in the absence of that inconsistency, the Court has its doubts. Kassel justifies the individual settlement on two bases. Neither is convincing. First, he says that the plaintiff is entit...

Excerpt: ...from a traditional lender, then rehab the homes with loans from private investors, and sell the homes for profit. Plaintiff alleges that Justin Tye represented to their grandparents that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff allege...

Excerpt: ...aint arises from Defendant's exercise of free speech or petition rights as defined in CCP Section 425.16(e). Courts have adopted an expansive view of protected speech to include any statements or writings made before any judicial proceeding, including pleadings, statements, and writings “ in connection with” litigation. A statement or writing is ‘in connection with litigation' if it relates to the substantive issues in the litigation and is...

Excerpt: ...a.m., Department 5. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., §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 California (1990) 51 Cal. 3d 120,125.) The court assumes the truth of all material facts which have been pro...

Excerpt: ...ACHMENT TO DEFENDANT WASHINGTON ADAMS, LLC CVPS2000440 TFCC INTERNATIONAL LTD. VS SHOVLIN NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER / ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT TO DEFENDANT WASHINGTON PLAZA ASSOCIATES LLC Tentative Ruling: The Court grants the Applications for Right to Attach and Order for Issuance of Writ of Attachment against Michael Shovlin and Claudia Shovlin upon an undertaking in the total amount of $20,000 ...

Excerpt: ...fendants Robles Pipeline Laying, Inc. (“Robles”), Roberto Robles, Coachella Valley Conservation Commission (“CVCC”) and various other public entities. Plaintiff alleges that on June 1, 2018, while driving his motorcycle on a dirt road, he ran into a fence consisting of a single strand of metal cable strung between two metal posts and suffered serious injuries as a result. (Complaint, ¶ 4.) Robles is alleged to be the contractor that cons...

Excerpt: ... suffered an intestinal injury at work and was placed on medical leave. Plaintiff alleges he was wrongfully terminated when he could not return to work as scheduled due to complications of the injury. He filed his Complain in 11/12/20 alleging causes of action for: 1) discrimination; 2) retaliation; 3) failure to prevent discrimination and retaliation; 4) failure to provide reasonable accommodations; 5) failure to engage in a good faith interacti...

Excerpt: ...subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Evidence Code §452(d) provides for judicial notice of court records. In general, the court can take judicial notice of the records in the pending action, or in any other action pending in the same court or any other court of record in the U.S. (Evid. Code §452(d).) But, judicial notice of o...

Excerpt: ...ttorney's fees claims, and (4) punitive damages claims for the Third Amended Complaint (TAC). Page 5 of 14 Plaintiff's contract allegations in the TAC that a privacy policy on a website formed a contract with Plaintiff and that First American breached that contract are inconsistent with and violative of this Court's prior orders and as such are irrelevant and improper. CCP § 436(a) provides that a court may “[s]trike out any irrelevant, false,...

Excerpt: ... to Cross‐Defendant Go Green Go Enterprises. This case is based on Defendants' alleged breach of a binding agreement to sell Plaintiffs 100% membership interest in Defendant YG Joint Venture, Inc. so that Plaintiffs Go Green Go Enterprises, Inc., The YG Joint Venture, Inc. and Gonzalo Nieto could develop and operate a cannabis cultivation, manufacturing, and distribution business in Palm Springs. Defendants Montalvo Enterprises, Inc. and Steve ...

Excerpt: ...ust on April 27, 2018, weeks before work commenced on the project. Klorman was a subcontractor hired by general contractor Watkins to perform structural concrete work. Klorman and Watkins entered into a subcontract on or about April 12, 2018. Klorman commenced work on May 14, 2018. In its motion, NGC asserts that the First Amended Complaint, on its face, does not entitle Klorman to priority. In opposition to the motion, Klorman asserts that in fa...

Excerpt: ...:30 a.m., appearance to be via WebEx absent further notice of the Court, and will be heard on that date if the issues presented are not resolved by the Informal Discovery Conference. In order to conduct the Informal Discovery Conference, the Court orders counsel to provide the Court with the following information: a. Contact information for all counsel who will be participating in the discovery conference, including email address and telephone nu...

Excerpt: ...if it is contended that the action has no merit or that there is no defense to the action or proceeding. (Cal Code Civ Proc § 437c(a).) “A defendant's motion for summary judgment 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 ...

Excerpt: ...ered in a timely fashion prior to the hearing on 3‐2‐21. Therefore, there is no basis for reconsideration. Even if reconsideration had been granted, the result would have been the same. There is no showing of good cause for the plaintiffs' persistent failure to request entry of default of the two defendants. Proofs of service were filed on 8‐6‐20, indicating that the defendants were both served with the summons and complaint on 8‐1‐20...

Excerpt: ...e. His top clothing was removed to reveal any tattoos he might have, and later placed inside a Sheriff's vehicle where he was interrogated about a suspect the officers were looking for. He was detained for an hour. Plaintiff filed this action on 2/13/19 and after obtaining leave to amend, Plaintiff filed the First Amended Complaint (FAC) on 1/21/20. After the court sustained the individual defendants' demurrer, Plaintiff filed the Second Amended ...

Excerpt: ... (2) Participating in Breach Of Fiduciary Duty by Trustee for Attorney's Personal Gain; (3) Intentional Misrepresentation of Material Fact Regrading Trust; (4) Negligent Misrepresentation of Material Fact Regrading Trust; (5) Civil Conspiracy with subornation of Perjury by Attorney Barton as a Key Factor; (6) Receipt by Attorney of Trust Funds in Breach of Duty to Plaintiffs; (7) Violation of Unruh Civil Rights Act by Martha A. Sanford; and (8) A...

Excerpt: ...etent Person(s) Most Knowledgeable to be deposed in accordance with CCP §2025.230 and for monetary sanctions of $2,862.50 against Defendant and its counsel of record, WILSON TURNER KOSMO LLP, pursuant to CCP §§2025.450 (g)(1), for Defendant's willful and unjustified failure to comply with the relevant code sections of the Discovery Act. Plaintiff asserts that she is entitled to an order compelling Defendant to produce a PMK for deposition beca...

Excerpt: ...ment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authorized by the court's order. The plaintiff may not amend the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend.” Harris v. Wachovia Mortgage, FSB (2010) 185 Cal.App.4th 1018, 1023. Defendant District seeks to strike the first,...

Excerpt: ...ailed to meet its burden of producing controverting evidence to show that a triable issue of fact exists. RCA's Requests for Judicial Notice: Granted. As to Exs. A and B, pursuant to Evidence Code (Evid. Code) §452(c) the court may take judicial notice of “Official acts of the legislature, executive, and judicial departments of…any state of the United States.” (Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904, 926, fn. 1; Mounge...

Excerpt: ... CCP Section 2030.230 is response to the discovery. To invoke Section 2030.230, a responding party must specify the writings, with sufficient detail, from which the answer may be ascertained. The responding party must show that a compilation is required to answer. Plaintiff provides no basis as to why a compilation is required. Further, Plaintiff asks Defendant to review the repair orders to determine the basis for Plaintiff's contentions under F...

Excerpt: ...Complaint. The Court denies Plaintiff's and Defendants' requests for judicial notice. FACTUAL / PROCEDURAL CONTEXT Plaintiff Arkico Williams was employed by Amazon as a “Prep Associate” in its Riverside facility from October 2019 to February 2020. Plaintiff suffered two workplace injuries and alleges she was mistreated following those injuries. The operative First Amended Complaint (“FAC”) alleges the following causes of action: (1) Wrong...

Excerpt: ...olation of the Local Rule, for failing to appear at the December 06, 2019 trial, and fees and costs incurred by Dunlap for bringing the Motion for Sanctions. On January 12, 2021, this Court heard the Motion filed by Attorney Coppola to modify the payment order on the ground of his inability to pay within the timeline set by the Court. On the same date, the Court denied Dunlap's Motion for Order to Show Cause Re: Contempt against Attorney Coppola ...

Excerpt: ...erson, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station, . . .” It is unclear what duty Petitioner is seeking to compel Respondent to perform. The relief sought in Petitioner's petition is as follows: “[a] peremptory Writ of Mandate be issued to direct Respondent to not count any ballots from the City of Menifee in the November 3, 2020 consolidated election per Election...

Excerpt: ...th care facility in Murrieta, California, licensed by the Department. (Complaint, ¶1.) It is alleged that, on September 25, 2019, the Department issued a citation against Plaintiff, assessing a civil penalty of $15,000 for a Class “A” violation, concerning the care of a patient at Plaintiff's facility. (Complaint, ¶13.) The citation was issued for Plaintiff's failure “to assess and collect all pertinent information for changes in conditio...

Excerpt: ...l acts of local agencies including resolutions, minutes and agendas.) The court declines to rule on the evidentiary objections of Riverside County Regional Conservation Authority (RCA) as they are not material to determinations made by the court on this motion. A court should “limit the scope of discovery if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought wi...

Excerpt: ...urt ruled that it does not have jurisdiction over PNMAC Mortgage Co., LLC ("PNMAC") because PNMAC does not exist as a legal entity. Cross‐Defendants therefore assert that consistent with this reasoning, the Court should now grant the present motion. If the Court lacks jurisdiction to issue and enforce discovery orders, it likewise lacks jurisdiction to otherwise adjudicate the merits of any claim or defense involving therefore there is no legit...

Excerpt: ...tories. The requests were served on 2/4/21, and defendants have not responded. Defendants do not deny they have failed to respond, but argue in their opposition that the ill health of defendant Eshak is the basis for the failure to respond. As such, the motions are granted. Verified responses, without objection, are to be provided within 30 days. Since no monetary sanctions are sought, the only remaining issue is whether to impose the requested t...

Excerpt: ...y of Indio. (SUF no. 1) The motion is based upon the grounds that there is no triable issue of fact that defect identified by plaintiff is trivial as matter of law and that Defendant is therefore entitled to summary judgment. Defendant has failed to meet it burden to show that the defect was trivial as a matter of law. A defendant moving for summary judgment must “show” that either: one or more elements of the “cause of action … cannot be...

Excerpt: ...mitation ran, and that the plaintiff was not able to re‐submit it for filing under 12‐15‐ 21. The question is whether the clerk was justified in declining to file the complaint. The clerk's functions are ministerial and the clerk has no discretion to reject a complaint that substantially complies; the remedy is to issue a nunc pro tunc that deems the complaint filed when it was presented. (Rojas v. Cutsforth (1998) 67 Cal.App.4th 774, 777�...

Excerpt: ...'s dismissal of the cross‐complaint. Plaintiff now moves for attorney fees of $16,980 contending that Defendant dismissed his cross‐ complaint in light of the antiSLAPP, and asserts that it was meritorious. The trial court loses jurisdiction to rule on the anti‐SLAPP motion if the plaintiff voluntarily dismisses the action or causes of action at issue. The court only retains limited jurisdiction for ruling on attorney's fees and costs. (Law...

Excerpt: ... and Rema, owed Leon a duty to disclose on several different grounds – (1) pursuant to the Hazard Communications Standard and common law; (2) because Defendants alone had knowledge of the toxic nature of their products; (3) because Defendants made representations regarding their products but failed to disclose additional material facts; and (4) because manufacturers who produce toxic materials have a duty to disclose the toxic nature of their p...

Excerpt: ...Silberstein and Sandra R. Silberstein (collectively “Plaintiffs”) are representing themselves. The first amended complaint alleges that Plaintiffs and Michael Silberstein and Lisa Silberstein Plonka (possibly the Plaintiffs' children) entered into an agreement for legal services with The Turoci Firm, Inc. (“Firm”). In connection with the legal services provided, Sandra R. Silberstein executed a note secured by a deed of trust payable to t...

Excerpt: ...ge sufficient facts to state a cause of action for conversion because merely refusing to return the coin collection is insufficient. That argument fails. Retention of possession is a sufficient interference with the owner's right of possession. See Varela v. Wells Fargo Bank (1971) 15 Cal.App.3d 741, 749‐750 [bank which repossessed vehicle with plaintiff's diamond rings in the glove compartment was held to have taken possession without right, a...

Excerpt: ...id Gash (“Gash”), Matthew Yamashita (“Yamashita”), James Hammermeister (“Hammermeister”), Quorum Green Industries, LLC (“Quorum”), Grizzly Peak Farms, LLC (“GPF I”), Grizzly Peak Farms II (“GPF II”), LLC; Grizzly Peak Farms 3 (“GPF III”), LLC; Touch of Green Holdings, LLC (“TGH”); and Gold Coast Design, Inc. (“GCD”) (Gash, Yamashita and Hammermeister are collectively referred to as the “Director Defendants.�...

Excerpt: ...t. (Cross‐Compl. ¶¶11‐12, 34, Ex. “2.”) Cross‐Complainants allege that they performed all conditions required except those that were excused or prevented. (Cross‐Compl. ¶35.) It is alleged that Cross‐ Defendants breached the contract, and harmed CrossComplainants. (Cross‐Compl. ¶¶35, 36.) In addition, this cause of action incorporated by reference all the general allegations indicating breaches occurred. (Cross‐Compl. ¶¶1...

Excerpt: ... that on 9/29/17, Defendant William Ramos Jr., operating a dump truck struck Plaintiff and his vehicle on the eastbound 60 freeway. Plaintiff also alleges that his vehicle, a Toyota Tacoma, had a defect in that the airbags failed to deploy. Plaintiff also named as defendants Dwayne Qualls, Sr., Dwayne Edward Qualls, Jr., Zacharia Smith, Jr., Barbara Smith, Jeremy Dennis and Pirate SVCS. The complaint does not identify their role in the case. The ...

Excerpt: ...and as such, exceeds the 6‐month time period. However, apart from any statutory authority, a court has inherent, equitable power to set aside a judgment on the ground of extrinsic fraud or mistake. (Olivera v. Grace (1942) 19 Cal.2d 570, 576‐578.) The party in default must show (1) a meritorious defense; (2) a satisfactory excuse for not presenting a defense to the original action; and (3) diligence in seeking to set aside the default once it...

Excerpt: ...ot apply or that Michigan's statute of limitations bars Plaintiff's claims, Defendant failed to meet its initial burden on summary judgment. FACTUAL / PROCEDURAL CONTEXT This is a contract dispute between a car manufacturer and dealership. Plaintiff General Motors, LLC (“GM”) alleges defendant Riverside Auto Holdings, Inc. dba Singh Chevrolet (“Singh Chevrolet”) operated an authorized Chevrolet dealer located at 8200 Auto Drive, Riverside...

Excerpt: ...he City's request for judicial notice is buried in its compendium of evidence. Nevertheless, because it is unopposed, the Court grants the request despite that defect. The Court is not persuaded that the plaintiff's failure to apply to the City for leave to file a late claim constitutes a failure to exhaust administrative remedies. Government Code section 911.4 is permissive, rather than mandatory. If the claimant believes that the claim is timel...

Excerpt: ...n, that there is no merit to an affirmative defense as to any cause of action, [or] that there is no merit to a claim for damages. . .” (Code Civ. Proc., § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) The abovedescribed burden‐shifting framework applies to a motion for summary adjudication ju...

Excerpt: ...usheen v. Cohen (2006) 37 Cal.4th 1048, 1055.) Code of Civil Procedure section 425.16 provides a two‐step test in determining whether a cause of action constitutes a SLAPP. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88; Code Civ. Proc., §425.16(b)(1).) First, the defendant must make the “threshold showing” that the challenged cause of action arises from “protected speech or petition activity.” (Ibid.) “[T]he statutory phrase ‘caus...

Excerpt: ...t except that a summary adjudication disposes only a selected cause of action, affirmative defense, claim for damages or issue of duty. The motion is granted when the moving establishes the right to entry of judgment as a matter of law. (CCP § 437c(c).) The moving party bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is...

Excerpt: ...cusable neglect pursuant to CCP § 473(b). More specifically, James Haas, Defendant's COO and former CEO and president, states “Greengro requests to be relieved of its default, which resulted from excusable neglect as I was unable to secure replacement counsel following my lawyer relieving himself as counsel in October 2020 and participate in the litigation on the merits consistent with the judicial policy of this state.” (Haas Decl., ¶ 14.)...