Excerpt: ...seeking the deposition has the burden. In Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, the court held that a plaintiff cannot go up the corporate hierarchy without seeking discovery from lower level employees involved in the everyday corporate operations. (Id. at 1287.) To allow these depositions before lower level discovery is conducted would allow discovery abuse and harassment. (Id.) Unfortunately, neither side provide...

Excerpt: ...1994) 8 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 for Breach of Written Contract: A breach of contract cause of action requires: (1) a contract between the parties, (2) performance by plaintiff or excuse from performance, (3) breach by the defendant, and (4) damages. Oasis West Realt...

Excerpt: ... SPRINGS, LUKE RAINEY, AS DEPUTY CITY MANAGER OF THE CITY OF DESERT HOT SPRINGS, DORIA WILMS, AS ASSISTANT CITY MANAGER OF THE CITY OF DESERT HOT SPRINGS, JERRYL SORIANO, CMC AS THE CITY CLERK OF THE CITY OF DESERT HOT SPRINGS Tentative Ruling: Demurrer sustained without leave to amend. Request for Judicial Notice by City as to Exhibits 1‐2 and 7 is granted as well as request set forth in the reply. Petitioner's Request for Judicial Notice is g...

Excerpt: ... 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 necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 4...

Excerpt: ...tent. Plaintiff generically pleads that the “2014‐2019 Chevrolet Silverados have had problems just like those experienced by Plaintiff; namely shaking, vibration, shuddering, jerking, and rough shifting. This problem is so well known and pervasive that it has been given several catchy names, including the ‘Chevy shake,' and the less humorous term ‘death wobble.' GENERAL MOTORS LLC is well aware of the problems experienced by customers, an...

Excerpt: ... (Magpali v. Farmers Group (1996) 48 Cal. App. 4th 471, 487.) Pursuant to Cal. Rules of Court, Rule 3.1324(a), a motion to amend a pleading before trial must include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous pleadings and must state what allegations are to be added or deleted. (CRC 3.1324(a)(1)‐(3).) The motion must also be supported by a separate declaration. The declaration must...

Excerpt: ...t by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury.” The court found that the demurrer must be sustained to the cross‐complaint under Labor Code §3864 as the case is similar to the situation in Up‐Right, Inc. v. Van Erickson (1992) 5 Cal.App.4th 579, 582. EWMD cited multiple cases ...

Excerpt: ... leave to amend. As to the fifth cause of action, the Demurrer is overruled. The motion for Leave to File a Special Motion to Strike is denied. FACTUAL / PROCEDURAL CONTEXT This is a breach of contract case. Plaintiff Eldon Griffis (“Eldon”) is the ex‐father‐in‐law of Defendant Paulina Griffis (“Defendant” or “Paulina”), who was married to Eldon's son, Cole Griffis (“Cole”). Plaintiff E&G Management Co. (“E&G”) is a clos...

Excerpt: ...ovide updated CMC statements prior to the CMC hearing. FACTUAL / PROCEDURAL CONTEXT This is an employment discrimination action. Plaintiff Horace Crogman (“Plaintiff”) was hired by defendant Desert Community College District (“Defendant” or “District”) at the College of the Desert (the “College') in 2016 as an assistant professor in the physics department. (Third Amended Complaint (“TAC”), ¶ 13.) He was the first African‐Amer...

Excerpt: ...the status of meet and confer by 5/17/21. Plaintiff's objections to evidence: No. 1: sustain No. 2: sustain No. 3: overrule. “If a fact in controversy is whether certain words were spoken or written and not whether the words were true, evidence that these words were spoken or written is admissible as nonhearsay evidence.” (People v. Smith (2009) 179 Cal.App.4th 986, 1003.) FACTUAL / PROCEDURAL CONTEXT This is an action alleging misappropriati...

Excerpt: ...on of A. Stuart Rubin, paragraphs 29, 30 and 32, are OVERRULED. The court declines to rule on Plaintiff's remaining Objections to Rubin's declaration as well as the declarations of Elliot Lander and Marvin Weiss as they are unnecessary to the disposition of this motion (CCP §437c(q).) The motion for summary adjudication is DENIED on the ground that Defendants have raised a triable issue of material fact as to whether their performance is/was exc...

Excerpt: ...App.4th 631, 635. “An agency is ostensible when a principal causes a third person to believe another to be his agent, who is really not employed by him.” J.L. v. Children's Institute, Inc. (2009) 177 Cal.App.4th 388, 403. Ostensible agency is implied where a plaintiff obtains treatment from a hospital, absent notice to the plaintiff that the doctors treating her are independent contractors. Mejia v. Community Hospital of San Bernardino (2002)...

Excerpt: ...ty for the 2014 Sentra to experience these conditions, but willfully refused to repurchase the Subject Vehicle despite knowledge that it was defective. The requests for production are limited to the 2014 Nissan Sentra and are not overbroad or unlimited in time of scope. Defendant should be ordered to produce responsive documents. The motion is granted as to requests number 35‐45 and 50. Requests nos. 46 through 49 pertain to documents regarding...

Excerpt: ...vidence subject to the objections was not material to the court's determination on the motion. A party may file a motion to quash service of summons on the grounds of lack of jurisdiction under Code of Civil Procedure section 418.10(a). Further, when a defendant challenges the court's personal jurisdiction on the ground of improper service of process, the plaintiff has the burden to prove the existence of jurisdiction by proving the facts requisi...

Excerpt: ...hin the next seven days. Analysis: The cross‐defendant's opposition is meritless. A party may apply to the court for leave to amend his pleading, or to file a cross‐complaint, at any time during the course of the action. (CCP § 426.50.) “A policy of liberal construction of section 426.50 to avoid forfeiture of causes of action is imposed on the trial court. A motion to file a cross‐ complaint at any time during the course of the action m...

Excerpt: ... run once the plaintiff “has notice or information of circumstances to put a reasonable person on inquiry.” (Id. at 1110‐1111.) Defendants contend that the dates asserted in the FAC make clear that Plaintiff knew of the trespass to chattels and negligence cause of action in 2014. The statute of limitations for a trespass to chattels claim is three years from the date of trespass. (CCP §338(c).) The statute of limitations for negligence is ...

Excerpt: ...star figure (time reasonably spent by each biller multiplied by an hourly rate that is reasonable for each biller). (Serrant v. Priest (1977) 20 Cal.3d 25, 48.) In exercising its discretion, the Court may consider all of the facts and the entire procedural history of the case in setting the amount of a reasonable attorney fee award. The hourly rate sought by Plaintiff is $600 per hour for each of two attorneys: Timothy F. Fatone of the Law Office...

Excerpt: ...aunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the complaint fails to state a c...

Excerpt: ...� 0899792, (3) Assignment of Deed of Trust recorded on October 13, 2019, (4) Substitution of Trustee recorded on August 27, 2020, (5) Notice of Default and Election to Sell recorded on August 27, 2020, and (6) Substitution of Trustee recorded on November 5, 2020. Recorded documents may be judicially noticed pursuant to Evid. Code §452(h). Generally, a court may take judicial notice of the fact of a document's recordation, the date it was recorde...

Excerpt: ...collateral estoppel, it is irrelevant and may not be considered. (See Cal. Rules of Court, rule 8.1115(b). Because none of the California decisions are offered in support of any of those theories, they are not relevant. Nor may judicial notice be taken of the decisions as “decisional law” under Evidence Code section 451, subdivision (a). Were that avenue available, all appellate decisions would be judicially noticeable despite rule 8.1115. As...

Excerpt: ...he motion is therefore timely. (Cal. Rules of Court, rule 3.1702(b)(1).) The defendant asserts that it is entitled to attorney's fees pursuant to both Civil Code section 55 and 42 U.S.C. § 2000a‐3(b). To the extent relevant to the defendant's argument, section 55 provides: “Any person who is aggrieved or potentially aggrieved by a violation of Section 54 or 54.1 of this code . . . may bring an action to enjoin the violation. The prevailing p...

Excerpt: ...al 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.) If the complaint fails to state a cause of action, the court mus...

Excerpt: ...with with 20 days leave to amend. 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 properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice h...

Excerpt: ...ed to raise a triable issue of material fact. Plaintiff does not properly cite to his supporting evidence (BURNETT010 and PVE, Ex.”4”[DT‐Nunez} for PRSS, UMF No.14 and PRSS, UMF No.127) The court cannot determine whether the evidence in support is admissible, nor can the court rule on any potential objections to that evidence. The balance of the Motion for Summary Adjudication is otherwise Denied on the ground that MFS has failed to meet it...

Excerpt: ...lity cause of action. As for the negligence/premises liability causes of action, Defendants produced evidence that they had no prior knowledge that the dog that caused Plaintiff to fall and/or attempted to bite him had any vicious or dangerous propensities. They had never witnessed or received any reports or complaints regarding the dog nor did the dog exhibit any vicious tendencies. (UMF 35‐41 and Plaintiff's response thereto.) The burden shif...

Excerpt: ...ed to raise a triable issue of material fact. Plaintiff does not properly cite to his supporting evidence (BURNETT010 and PVE, Ex.”4”[DT‐Nunez} for PRSS, UMF No.14 and PRSS, UMF No.127) The court cannot determine whether the evidence in support is admissible, nor can the court rule on any potential objections to that evidence. The balance of the Motion for Summary Adjudication is otherwise Denied on the ground that MFS has failed to meet it...

Excerpt: ...ciently pleads that defendant acted with conscious disregard of the likelihood that its failure to provide appropriate monitoring of decedent would cause her injury. Additionally, against the corporate defendant the allegations are also sufficient. The SAC alleges that the corporation itself made the policies of understaffing to maximize profits and that their Executive Director, arguably a managing agent, implemented the very policies that alleg...

Excerpt: ...party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. CCP § 430.10(e). The court assumes the truth of all material facts which have been properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, d...

Excerpt: ...n to Trinity's demurrer to the original complaint. (See Page 3 of 5 Request for Judicial Notice, Exhibits 1 through 5.) The court grants the request as to these documents. The court may take judicial notice of the existence of recorded documents and their legal effect, the court's own records and the Executive Order under Evidence Code section 451 and 452. (See also Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1...

Excerpt: ...he Property and to take necessary steps to evict tenants. Although the order commands Defendant, “to show cause why a preliminary injunction should not be ordered restraining you and enjoining you,” the proposed orders do not appear to restrain or enjoin conduct. They appear to mandate it: 1. Maintain, repair and replace [the Property] in a clean manner … and in compliance with [CCRs]…. 2. Provide the Association access to the Property on...

Excerpt: ...ed the objections, which is not improper. Mr. Patel also asserts that Mr. Sitzer made long speaking objections, falsely claimed Mr. Patel represents an insurance company, and apologized for “making so many objections.” (Id. at ¶7 and DT‐Lott pp. 14:11‐15:11.) However, Mr. Sitzer was apologizing and providing an explanation to the witness. Also, although Mr. Sitzer stated an inference that Mr. Patel represented an insurance company, Mr. P...

Excerpt: ...ests judicial notice of the complaint and FAC in the present case, which are granted under Evid. Code §452(d). Moving party also requests judicial notice of images from Google Earth and annotated images from Google Earth allegedly showing the number of solar panels installed at the subject property. Judicial notice of these documents is denied. (“[A]lthough it might be appropriate to take judicial notice of the existence of the Web sites, the ...

Excerpt: ...es delivered to Dept. PS2 by 4:00 pm. In light of issues of allocation, is summary adjudication of the duty to defend appropriate at this stage of the litigation? The first cause of action against CVCC is based, in part, upon the actions of its agents, including Robles – indeed, Robles acknowledged the fact several times, including during oral argument. However, the first cause of action is also based upon other alleged acts and omissions that ...

Excerpt: ...and, which is part of a larger parcel that contains no residential dwellings, occupants or active farming operations. Edison now seeks an order for prejudgment possession of the property which it contends is necessary as part of the construction of the Valley‐Ivyglen Subtransmission Line Project (“Project”), consisting of “a 27‐mile single circuit 115‐kV substransmission line between Edison's existing Valley Substation in Menifee and ...

Excerpt: ...e been properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 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. Second Cause of Action for Age Harassment and Fourth Cause of Action for Me...

Excerpt: ...aim some interest in property in Lake Perris (the “Property”), which is the subject of this action, many of which have been dismissed, however. Ginsburg alleges that he obtained a judgment against Gloria in the amount of $581,817.14 and claims a superior right to the Property. (Complaint, ¶¶ 1‐3). 2 The Court will sometimes refer to the parties by their first names to avoid confusion; no disrespect is intended. Page 5 of 6 Ginsburg allege...

Excerpt: ...elayed‐discovery tolling and fraudulent‐concealment tolling. (SAC, p. 18.) Both theories fail. From the facts alleged concerning the nature of the Page 3 of 4 plaintiffs' complaints, the nature of the repairs attempting to address those complaints, and the dates on which those complaints and those repairs were made, the only reasonable inference possible is that the plaintiffs were on inquiry notice four or more years before the action was fi...

Excerpt: ...inued to allow 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 Or...

Excerpt: ...ll likely sustain the demurrer without leave to amend. On December 23, 2019, in case RIC1718458 (“Citizens I”), the Hon. Randall Stamen, Judge, issued a peremptory writ of mandate to respondent directing it to either supplement, or file an addendum to, the existing environmental impact report regarding two issues: soil contamination and wildlife mitigation (burrowing owl habitat). The writ further provided that: “Under California Public Res...

Excerpt: ...properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 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. Defendants seek judicial notice of a contract allegedly entered into by Orozco and...

Excerpt: ...ent Interference with Prospective Economic Relations, and Intentional Interference with Contract). Moving parties assert that the Eminent Domain Action and the Inverse Action are related cases which involve common questions of law and fact regarding determination of compensation. Tried separately, the two actions would risk inconsistent judgments, and deficient or duplicative compensation. Consolidation allowing all issues to be resolved in a sin...

Excerpt: ...and negligently entrusted the vehicle to McIntyre or they employed McIntyre and the accident occurred while she was acting within the scope of her employment. The complaint contains two causes of action for negligence. Steven Kelly brings this motion. While he titles it a motion for summary adjudication, it really is a motion for summary judgment as to him. He contends that both causes of action fail as to him because he did not operate the vehic...

Excerpt: ...st cause of action for breach of contract). The only new evidence that Defendant cites as a basis for this renewed motion is the deposition testimony of Plaintiff's PMQ (Madge). Defendant argues that based upon the testimony of Madge, there is no evidence of fraud: (1) Madge did not speak with anyone from the Defendant, including Defendant's broker; (2) neither Defendant nor any of its representatives made any representation about the warehouse o...

Excerpt: ...shall be preserved for appellate review.” (CCP §437c(q).) Only PODS filed evidentiary objections, all of which are sustained. PODS met its burden of proof to show that, with regard to the shipment in question, it was acting as the “shipper.” Customers pay PODS to ship PODS containers containing customers' items. “Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in i...

Excerpt: ...ure to proceed with the deposition is not well grounded in both law and fact. Oaks cites to no authority which supports his contention that plaintiff should have proceeded with his deposition even though there was a dispute with his counsel regarding the deposition of Donald Oaks. Instead of wasting time to complete the deposition of Donald Oaks and commence the deposition of Brian Oaks, under conditions which plaintiff's counsel believed impeded...

Excerpt: ...ll likely sustain the demurrer without leave to amend. On December 23, 2019, in case RIC1718458 (“Citizens I”), the Hon. Randall Stamen, Judge, issued a peremptory writ of mandate to respondent directing it to either supplement, or file an addendum to, the existing environmental impact report regarding two issues: soil contamination and wildlife mitigation (burrowing owl habitat). The writ further provided that: “Under California Public Res...

Excerpt: ...n of emotional distress, the court previously sustained a demurrer without leave to amend. For the second and fifth causes of action, fraud and negligent misrepresentation, Plaintiff alleges: 1. Rizo, acting as an agent of FPR, gave a repair estimate for water damage. 2. Rizo misrepresented that he and FPR would rent Plaintiff some drying fans and allow Plaintiff to return the fans as soon as the walls were dried, and that FPR would clean and res...

Excerpt: ...ite Medical Group, PC (Elite 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...

Excerpt: ...among others, the Association, the Club, Association Directors, and Peters & Freedman, LLP in their role as Inspector of Election. On March 14, 2019, Plaintiffs filed a motion for summary adjudication of their first, seventh, eighth, ninth, and eleventh causes of action. On September 9, 2019, the court issued its order granting in part and denying in part Plaintiffs' motion. Relevant here, the court granted summary adjudication in favor of Plaint...

Excerpt: ...dants Petco Animal Supplies, Inc. (“Petco”), Alan Brandenburg (“Brandenburg”) and Shelbi Stanco (“Stanco”) (collectively, “Defendants”).1 Plaintiff began working for Petco in November 2007 as an at‐will employee. 2 (Complaint, ¶ 9; UMF, ¶¶ 1‐2.) Plaintiff primarily worked in the Petco's grooming salons, and her job performance was exemplary throughout her employment. (Complaint, ¶¶ 10, 12‐13; UMF, ¶ 5.) Plaintiff began...

Excerpt: ...he City represents that it filed a new motion for a continuance on or about 4‐5‐21. On 4‐ 6‐21, the City applied ex parte for a trial continuance or for an order shortening time. At the hearing on the application on 4‐7‐21, the plaintiff did not oppose the proposed OST because the plaintiff had filed a complete written opposition to the ex parte application. Because the motion did not yet appear in the Court's register of actions, the...

Excerpt: ...435; Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 40.) As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (CCP § 437(a).) “[T]he court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Int'l Ins. Co. v. Superi...

Excerpt: ...t 3.110(h) requires a request for default judgment within 45 days of the entry of default, the plaintiff has never applied for such a judgment. On 1‐15‐20, the Court ordered the plaintiff and plaintiff's counsel to appear on 7‐13‐20 and show cause why sanctions should not be imposed for the failure to apply for a default judgment. Nevertheless, no application was submitted prior to 7‐13‐20. Page 4 of 4 Local rule 3116 requires that an...

Excerpt: ... interest through December 1, 2020 for a total of $123,242. As part of these collection efforts, Escobar has applied for an order allowing the dwelling at 67864 Via Estrella, in Cathedral City, to be sold under Code of Civil Procedure section 704.750. The property was owned by Matthews but appears to have been transferred to a corporate entity, A2Z Investment Group LLC. Matthews is the managing partner of the LLC. The first transfer deed was reco...

Excerpt: ...reme Court recognized the pervasive risk in operating a motor vehicle while intoxicated because it combines “sharply impaired physical and mental faculties with a vehicle capable of great force and speed, [which] reasonably may be held to exhibit a conscious disregard of the safety of others.” (Id. at 896‐897.) There, it was alleged in the complaint that defendant was an alcoholic, regularly drove under the influence of alcohol, had previou...

Excerpt: ... property and began collecting rent from the tenants. Plaintiff asserts that Defendant has no rights or interest in the subject property. Plaintiff filed the Complaint on May 19, 2016. He asserts one cause of action for quiet title. On January 22, 2019, the parties reached a settlement providing for Defendant's purchase of Plaintiff's interest in the subject property. On August 9, 2019, the Court entered judgment pursuant to Cal. Code Civ. Pro. 6...

Excerpt: ...otice is granted. The court declines to rule on City's evidentiary objections as they are not material to this court's ruling. Petitioner, Committee to Relocate Marilyn (“Petitioner”), filed the petition (the “Petition”) in this action on March 19, 2021 against respondent City of Palm Springs (“the “City”). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within ...

Excerpt: ...ruth of the contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs allege ...

Excerpt: ...cial properties and related businesses to Defendant Urwell Diversified Holdings, Inc. and later to Defendant Zenith Homes, LLC with the Plaintiffs carrying back the financing and holding first‐priority deeds of trust based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas by which Cardenas loan...

Excerpt: ... Proc., § 1033, subd. (a)(4).) However, Code of Civil Procedure section 1021.5 refers to “successful” parties rather than “prevailing” parties. The plaintiffs argue that a party is “successful” if it obtains the relief sought in the lawsuit. There is no evidence that the plaintiffs obtained any relief as to Select Puppies, Inc, or Brian Mohrfeld. Although both defendants were served, neither appeared. No default was ever entered as t...

Excerpt: ... was employed by Defendant One World LLC and that they “negligently hired, trained, retained, supervised and entrusted the vehicle John Doe was driving despite his being unfit and their knowing he was unfit which was a substantial factor in bringing about Plaintiffs' damage.” (See Plaintiff's complaint, Ex. A to Defendant's Exhibits for Summary Judgment.) During the discovery process, Plaintiff Nicole Cortez failed to respond to Defendant's R...

Excerpt: ...ues before the Court in this Motion are capable of being resolved, or have already partially been resolved, without the need for Court intervention. Failure to meet and confer in good faith may result in sanctions, in addition to the sanctions requested in the motion. If the parties resolve the issues before the Court, the moving party is ordered to contact the Court and request that the Motion be taken off calendar. To assist the parties in thei...

Excerpt: ...on is the latter. Moving party has not established excusable inadvertence, surprise, or mistake. First, service was made on Defendant's registered agent of service of process, Terry Chilcoat, via personal service. Defendant is not attacking the manner of service. However, West provides no explanation as to why Chilcoat did not provide the summons and the FAC to Defendant or notify hm of the service. Second, West does not deny knowledge of the law...

Excerpt: ... scope of all subject subpoenas to exclude medical information concerning substance abuse, gynecological, and, HIV/sexually transmitted diseases. This motion addresses fourteen subpoenas issued by Defendants for Plaintiff's medical records including psychological records from ten of Plaintiff's health care providers/insurers. Specifically, Defendants are seeking all medical/insurance records, which would potentially include sensitive medical info...

Excerpt: ...ent that is in the possession of another party. The demanding party must designate documents by specifically describing individual items or reasonably particularizing categories of documents. (CCP §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials.” (Calcor Space Facility v. Superior ...

Excerpt: ...ination. In the alternative, Wayfair moves for summary adjudication for each of the claims alleged against Defendant. Underlying Facts This is a wrongful termination action. Plaintiff's claims are centered on allegations that the termination of his employment for misconduct was a pretext for Wayfair to wrongfully terminate his employment for making complaints of health and safety concerns to senior management. On March 11, 2019, Plaintiff filed h...

Excerpt: ...he construction of a large glass Porsche automobile dealership (Project). Indigo Auto subcontracted with Defendant Northport Glass & Door, LLC, as a subcontractor, to perform extensive glazing work on the Project. Northport, in turn, contracted with Plaintiff Oldcastle at a fixed contract amount of $774,260 to "engineer and fabricate" "glazing systems" for the Project. After Northport walked off the job, Indigo Auto thereupon hired another subcon...

Excerpt: ... demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form pa...

Excerpt: ...sustains both demurrers as to the first cause of action for quiet title without leave to amend. The Court overrules Lak Hemet's demurrer to the fourth cause of action for nuisance. The Court overrules both demurrers to the fifth cause of action for retaliation as a cause of action is stated under Civ. Code §1942.5(d). The Court sustains Urban Park's demurrer to the sixth cause of action for interference with contract with 30 days leave to amend....

Excerpt: ...ONTEXT This is an action for damages for injuries sustained through bed bug bites in a hotel room. On April 04, 2019, Plaintiff filed the complaint in this action alleging five causes of action for: (1) Battery, (2) Negligence, (3) Intentional Infliction of Emotional Distress (“IIED”), (4) Fraudulent Concealment, and (5) Public Nuisance. Defendant demurred as to the first and third causes of action, respectively for Battery and IIED, and move...

Excerpt: ...sks the court to not take judicial notice of this document because the parties adamantly dispute the proper interpretation of the June 18, 2016, claim. Plaintiff argues since the proper interpretation is contested, it is not “reasonably beyond dispute” and not suitable for judicial notice. Importantly, Defendants do not ask the court to take judicial notice of a specific interpretation of the Claim. The court can take judicial notice of the e...

Excerpt: ...he contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs allege a direct ...

Excerpt: ...ame moot, Petitioner could be the prevailing party. (Midpeninsula Citizens for Fair Hous. v. Westwood Investors (1990) 221 Cal.App.3d 1377, 1392, fn. 3; see also Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553 (Graham).) Petitioner sued because the City required her to get a WVAP for her dog, and the City denied her request for a hearing on the WVAP's necessity. Petitioner's claims had merit: the City challenged her pleadings and lost. Peti...

Excerpt: ...vant to the consolidation of construction defect claims because consolidation would not increase the number of homeowner claims, would not change the fundamental character of the individualized homeowner claims by expanding them to absent members of a plaintiff class and would not increase the number or identity of joined third‐party subcontractors or expert witnesses. While Plaintiffs make compelling arguments, they misconstrue the holdings of...

Excerpt: ...he employer, Defendant has unilaterally qualified every response that because it is not the employer of Plaintiff it cannot respond, has insufficient information and/or cannot produce responsive documents. These responses are improper and further are ordered. Plaintiff has alleged in her Complaint that Defendant is the employer of Plaintiff. (Complaint ¶ 3‐ Defendant was added as Doe 1.) While Defendant disputes this allegation, it is not a pr...

Excerpt: ...ns for $175,000 but then attempted to cancel the sale because he received a better offer. Stuart's living siblings, Rose McClain and Ken McClain, and the issue of their deceased brother Steve McClain, Aaron McClain, Charmaine Marie McClain, Meghan Trust and Rebekah Havard (McClain Beneficiaries) filed a Cross Complaint and First Amended Cross Complaint for (1, 3) financial elder abuse, (2) intentional interference with contract, and (4) breach of...

Excerpt: ...DURAL CONTEXT Plaintiffs Neila Toledo and Wilfrido Abundez (together, “Plaintiffs”) filed the complaint (the “Complaint”) in this action on December 14, 2020 against defendants Raymond Villanueva and Heidi Villanueva (erroneously named as Heida Villanueva) (together, “Defendants”). Plaintiffs allege that on July 11 2020 Toledo was walking her dog on the Grand Valley Trail in Riverside County when her dog was attached by Defendants' un...

Excerpt: ...s arising from the automobile accident on April 7, 2019. FACTUAL / PROCEDURAL CONTEXT This case arises from a car accident on April 7, 2019. Plaintiff Malania Studley‐Iman was driving on Route 74 when she was struck head‐on by an oncoming motorcyclist who had crossed into her lane. The motorcyclist was thrown from the vehicle and died from his injuries. Defendants were the EMTs responding to the accident. Plaintiff alleges Defendants took gra...

Excerpt: ...ils to support either objection with sufficient evidence. For example, GM attaches the declaration of a design engineer for GM (Huizhen Lu) who generally states that such designs and engineering are trade secrets. However, the declaration fails to specify the manner in which the particular discovery in this matter involves the genericallydescribed design and engineering trade secrets he identifies. The reply points out that the declaration is fro...

Excerpt: ...served with Plaintiff's Separate Statements. However, the proof of services for the motions indicate that the separate statements were served along with the motions via e‐ mail on 2‐26‐21. (Proof of Service attached to Elliott Decl.) Furthermore, Defendant was able to provide a substantive response to the motion which shows there was no prejudice. Relevance Issue: The parties make the same arguments with respect to all three motions and the...

Excerpt: ...een married to Shalom and Zipora's now deceased son, Asher, claims that after Abraham and Zipora created and omitted Sarahi and Leah from an estate plan, which included a trust, Abraham and Zipora nevertheless promised to provide for Sarahi and Leah and in the three‐month period between Shalom's death in July 2019 and Zipora's death in July 2019, their other son, Abraham moved in with Zipora and used undue influence to prevent her from changing...

Excerpt: ...ports the addition of punitive damages allegations. Plaintiff submits a notice of lodgment of evidence (including certain documents under seal) in support of her motion. Defendant asserts that Plaintiffs proposed Sixth Amended Complaint fails to include any additional facts that would support the addition of punitive damages. Defendant further asserts that when looking at the sufficiency of a proposed pleading, courts look to the allegations with...

Excerpt: ...he truth of the contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs all...

Excerpt: ...the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Here, CrossDefendants neglected their duty to meet and confer as required. It may well be, as CrossDefendants' counsel suggests, that a meet and confer will not resolve this demurrer. The likelihood of a resolution is, however, irrelevant. The California Legislature determin...

Excerpt: ...are generally overbroad, including their requests for records extending back 15 years before the collision at issue. However, the court—like defendant apparently—is confused to some degree at the nature of the injuries at issue. The court will therefore attempt to summarize the evidence contained in the motion, opposition, and reply. The collision in this case allegedly occurred on October 5, 2016, and presumably on the I10 freeway. “Presum...

Excerpt: ...ings in Exhibits 4 through 15, the court takes judicial notice of the filings but not the facts alleged in those filings. (Evid. Code, § 452, subd. (d); see Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113.) For the balance of the request for judicial notice, the court denies the request and sustains Petitioner's objections. The court sustains Petitioner's objections to AOE exhibits 23, 29, and 36. Addressing the mer...

Excerpt: ...rom any act of defendant in furtherance of his right to petition or his right of free speech under the federal or state constitution in connection with an issue of public interest. (CCP §425.16(e); Equilon Enterprises v. Consumer Cause (2002) 29 Cal.4th 53, 67.) The act which forms the basis for the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech. (City of Cotati v. Cashman (2002) 2...

Excerpt: ...s for production of documents, set one. Defendant was ordered to provide further responses within sixty days of the order. Defendant asked Plaintiff for an additional two‐week extension of the court's sixty‐day order, to which Plaintiffs agreed. (Pardo Decl. ¶¶9‐15.) To date, no supplemental documents have been provided. Instead, Defendant described various excuses of what it terms “unexpected” occurrences as to why it has not served ...

Excerpt: ... decedent Dietrich Thomas was employed by Defendant Barbarian Transport, Inc. at the time of the subject accident. Defendants also contend that the decedent was working “in the course and scope of his employment” with Barbarian Transportation, Inc. when the accident occurred. As evidence, Defendants submit a subpoenaed copy of the Application for Adjudication of Claim filed with the Workers' Compensation Appeals Board (“WCAB”), which was ...

Excerpt: ...Complaint”) in this action on April 5, 2019 against, defendants 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...

Excerpt: ... action earlier because he did not know of the applicability of these causes of action as a pro per litigant. (Singh Dec., ¶4.) He indicates that he met with an attorney who informed him of the nexus between the claims and Aryal's alleged bad acts. (Id at ¶3.) Generally, the court should grant leave to amend the complaint where the party has a good cause of action which he has accidentally or mistakenly failed to raise in the complaint. (Higgin...

Excerpt: ...ss 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 condition of Defendants' property caused a collision. A...

Excerpt: ...r their granddaughters, Sarahi and Leah, as they allegedly promised to do. More specifically, Aliza (Lisa) Wolf who had been married to Shalom and Zipora's now deceased son, Asher, claims that after Abraham and Zipora created and omitted Sarahi and Leah from an estate plan, which included a trust, Abraham and Zipora nevertheless promised to provide for Sarahi and Leah and in the threemonth period between Shalom's death in July 2019 and Zipora's d...

Excerpt: ... an official act of the executive, judicial or legislative departments of the state of New York, and thus of document that could be judicially noticed (Evid. Code, § 452, subd. (c)), it is not relevant to this motion. The request is denied on that basis. To the extent that the plaintiff relies upon it to establish the defendant's “own internal policies” (Oppo., p. 3), those policies are not subject to judicial notice. The declaration of Le m...

Excerpt: ... an official act of the executive, judicial or legislative departments of the state of New York, and thus of document that could be judicially noticed (Evid. Code, § 452, subd. (c)), it is not relevant to this motion. The request is denied on that basis. To the extent that the plaintiff relies upon it to establish the defendant's “own internal policies” (Oppo., p. 3), those policies are not subject to judicial notice. The declaration of Le m...

Excerpt: ...ve to amend. Analysis: 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 analysis. In their answer, the defendants alleged that the action was barred by the statute of limitations set forth in Code of Civil Procedure section 340.5. (Answers, ¶ 10.) The defendants' motion seeks summary judgment on the basis of the same statute. Section 3...

Excerpt: ... account, leading plaintiff to believe it was necessary as part of processing her entrance into the College and the basketball program. Plaintiff contends that subsequently someone filed a fraudulent FAFSA application with the Department of Education with egregious misrepresentations of facts. Plaintiff asserts she did not file the fraudulent FAFSA Application. The fraudulent FAFSA generated money illegally and Mozga is alleged to have told Plain...

Excerpt: ...o the filing as an impermissible sur‐reply. Defendants are correct that court did not authorize the parties to file supplemental briefing for the continued hearing dates. The general demurrer to the 2nd, 5th, 6th, 8th and 9th causes of action is sustained without leave to amend; The demurrer is overruled as to the 7th cause of action. 10 days leave to answer. Demurrer for Uncertainty A special demurrer lies where a pleading is uncertain, ambigu...

Excerpt: ...unity to counter all the evidence offered in support of the motion, “[t]he general rule of motion practice . . . is that new evidence is not permitted with reply papers.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537‐1538.) Moreover, to the extent that the new evidence concerns the efforts of the moving parties to resolve the dispute before filing their motion, it is irrelevant. Although counsel should always seek an informal resolutio...

Excerpt: ... of action for PAGA penalties. The plaintiff now intends to dismiss that action. The settlement agreement between the plaintiff and the defendant provides for the defendant to pay $11,000 to the plaintiff. The case management order requires that if any consideration other than a waiver of costs is given in exchange for a dismissal, it is a settlement that must be approved by the court. Section E.7.b of the CMO requires that, in that situation, pl...