Excerpt: ...m interrogatories without objection and within thirty days of this order. Granted as Plaintiff's request to compel Defendant Del Toro to appear for deposition and he is to appear for deposition within the next thirty days at date and time as noticed by Plaintiff. Granted as to the award of monetary sanctions payable by Defendant Del Toro to Plaintiff in the amount of $2,835, which amount the court finds reasonable. Granted as to the request to co...

Excerpt: ...ry and proper, when the facts giving rise to the amended allegations were discovered and the reasons why the request was not made earlier. There is no declaration of counsel, and, as a result, it is not clear what Plaintiff is seeking to amend. Is it merely to substitute the plaintiff? If so, it is unclear why K Hovnanian and First Residential oppose the motion—they were dismissed after the court sustained demurrers in March 2020. Generally, th...

Excerpt: ... Judgment, (3) December 2, 2020 Order in the present action, (4) Order granting Lieberg's Request to be Relieved as Counsel, (5) Substitution of Attorney, and (6) Order Granting Dismissal of bankruptcy case. These documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained i...

Excerpt: ...this section of the Evidence Code cannot be taken of documents prepared by a private person, which are merely on file with state agencies. (See People v. Thacker (1985) 175 Cal.App.3d 594, 598.) Exh. 2 (Certificate of Status): The request is granted. The court may take judicial notice of “Official acts of the legislature, executive, and judicial departments of…any state of the United States.” (Evid. Code, §452(c); Fellom v. Adams (1969) 27...

Excerpt: ...ter); (3) intent to deceive and induce reliance; (4) justifiable and actual reliance on the misrepresentation; and (5) resulting damage. Fraud actions are subject to strict requirements of particularity in pleading. (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 216.) The Second Amended Complaint alleges that St. Pierre, the President of the Community Water Agency misrepresented facts regarding the Water A...

Excerpt: ...analysis the court must ignore the unprotected acts and focus on the protected activity. However, the court must still determine whether the protected acts constitute the gravamen of the actions alleged in the Cross‐Complaint. The court agrees with Cross‐Defendant that she is being sued for her filing of the complaint and lis pendens, which caused, in part, the breach of the settlement agreement for which Cross‐Complainant is seeking damage...

Excerpt: ...rejudgment possession is denied. Analysis: Evidentiary Objection The portion of the Cosper declaration to which the defendant objects is inadmissible to prove the contents of the Cooperative Agreement. (Evid. Code, § 1523, subd. (a).) The City's Entitlement to Take the Property The Court may grant a motion for prejudgment possession over the objection of the property owner only if the Court finds, inter alia, that “[t]he plaintiff is entitled ...

Excerpt: ...s department. Analysis: The FAC, which asserts a PAGA claim for the first time, has not been filed. However, a copy of the proposed FAC is for some reason attached to the proposed order granting preliminary approval. The FAC could have been filed at any time without leave of court. (Lab Code § 2699.3, subd. (a)(2)(C) [“Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of...

Excerpt: ...ended claim and rejection notice. The court also takes judicial notice of Plaintiff's filing of her complaint with the U.S. District Court on 6/6/19. Plaintiff submitted a claim on 3/27/19, and an amended claim on 4/30/19. District's notice, dated 6/19/19, indicates that the District rejected the claim on 6/11/19. The dispute is essentially whether 6/11/19 or 6/19/19 is the controlling date. Government Code §912.4(a) merely requires the board to...

Excerpt: ... the records of any court of record, a lower court's unpublished decision made under New York law will not aid the court in resolving the present demurrer. (See Aquila, Inc. v. Superior Court (2007) 148 Cal.App.5th 556, 569.) Plaintiff's request that the court take judicial notice of various articles obtained from the Internet (Exhibits A‐E) is denied. The court accepts as true Plaintiff's allegation in the FAC that the insurance industry was a...

Excerpt: ...Civil Procedure sections 430.41 and 435.5 by meeting and conferring with plaintiffs' counsel, either in person or by telephone, concerning the sufficiency of the First Amended Complaint. If the plaintiffs do not agree to amend further, the defendant shall file either an answer or a new demurrer, motion to strike, or both, no later than April 15, 2020. If the defendant fails to file and serve a responsive pleading on or before that date, the plain...

Excerpt: ...'s Declaration – Overrule on 1‐10, Sustain on Objections11 and 12; Lotze Declaration – Objection 13 – Overrule as to the first sentence and sustain as to the second sentence. Overrule on 14‐21; Erdman Declaration—Overrule on 22, 24, 25 and 28. Sustain on 23, 26 and 27; Hamilton Declaration—Overrule on 29, 30, 32‐35. On 31, Sustain as to the last two sentences, otherwise overrule; Griffin Declaration – Overrule on 36, 39, and 40....

Excerpt: ...ract, plaintiff's performance or excuse for failure to perform, defendant's breach and damage to plaintiff resulting therefrom.” (Spinks v. Equity Residential Briarwood Apartments (2009) 171 Cal. App. 4th 1004, 1031.) A contact will be enforced if it is sufficiently definite for the court to ascertain the parties' obligations and to determine whether there has been a breach. (Bustamante v. Intuit Inc. (2006) 141 Cal. App. 4th 199, 209.) To plea...

Excerpt: ...for an order shortening time. Defendant then filed objections to remote jury trial and a renewed request to continue trial. First, the court points out that while the amended trial setting order informs the parties that the matter may need to proceed remotely, that decision is made on the basis of the circumstances in existence at the time of trial. In‐ Person Jury Trials Defendant's unopposed motion argued that a jury trial conducted remotely ...

Excerpt: ...on's utilization of the corporate form, the party harmed will not be adequately compensated for its damages.” (Doney v. TRW, Inc. (1995) 33 Cal.App.4th 245, 249.) The SAC incorporated each of the prior allegations, as if set forth in full, in the alter ego claim. Each of the first three causes of action, thereby, allege liability against Klein by way of the fourth cause of action for alter ego. Plaintiff's claim against Klein (and EPR CA) is id...

Excerpt: ...dly worked on the subject toilet. Plaintiff alleges the following in support of her punitive damages claim: As of late January 2020, Defendants knew the toilet at the subject Circle K was unsafe and detaching from the floor at the base. Defendants knew the toilet was missing the metal bolt used to fasten the toilet to the ground. Defendants knew the left side of the toilet was completely disconnected from the floor. Defendants knew the caulking s...

Excerpt: ...ossell filed a Supplemental Declaration on 3/2/21, and plaintiff filed his opposition on 3/10/21. This tentative ruling addresses only the request on behalf of Wayne Siggard. The motion of defendant Wayne Siggard for his post‐appeal attorney's fees is granted in the amount of $11,250.00. The court finds that the hourly charge of $250.00 per hour is reasonable and that a total of 45 hours of attorney time was reasonably incurred. The declaration...

Excerpt: ...er based on uncertainty should be overruled Defendants argue the complaint is uncertain because plaintiff uses the terms “advances” and “loans” interchangeably within the pleading without explaining the difference. As noted above, a demurrer based on uncertainty must be so uncertain as to make it impossible for defendant to respond. (See Khoury, supra, at p. 616.) The demurrer based on uncertainty is rejected because there is nothing unce...

Excerpt: ... is a nuisance under Civil Code section 3479, which defines a nuisance as “[a]nything which is injurious to health…so as to interfere with the comfortable enjoyment of life or property….” (Complaint, ¶ 112.) A nuisance may be either private or public. A public nuisance is “one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflict...

Excerpt: ... issue in this demurrer. In relation to demurring Defendant Aceves, the First Amended Complaint alleges that she was Plaintiff's employer, manager, corporate agent, and supervisor and, on information and believe, that Aceves dictated Plaintiff's compensation and participated in hiring and firing Plaintiff. It alleges that Aceves controlled Plaintiff's work and set corporate policies and that Plaintiff believed that Aceves was her employer. Plaint...

Excerpt: ... days leave to amend as to the 6th cause of action. Plaintiff Glenn Melvin resides in Alberta, Canada. He brings the instant action against Defendants Glen Brayshaw, Michael Nyhuis, Sean Runnels, Vanguard Leisure Properties Real Estate Investment Trust, and VLP Management, Ltd. (collectively, “Defendants”). Vanguard Leisure Properties Real Estate Investment Trust is a Real Estate Investment Trust (“REIT”) created under Canadian law and op...

Excerpt: ... are separate causes of action. (See Potter v. Firestone Tire & Rubber Co. (1993) 6 Cal.4th 965, 1016 [Willful misconduct “is a tort separate and distinct from negligence and involves different principles of liability and different defenses”].) Willful misconduct implies “the intentional doing of something either with knowledge, express or implied, that serious injury is a probable, as distinguished from a possible, result, or the intention...

Excerpt: ...tion, affirmative defense, claim for punitive damages or duty. (CCP §437c(f)(1).) A defendant can meet his initial burden by showing that on or more elements of the cause of action cannot be established, or that there is a complete defense. (CCP §437c(p)(2).) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action, or show that the plaintiff lacks evid...

Excerpt: ..., concerning the strict products liability claims, the negligent products liability claims, and the breach of warranty claims, respectively. As to the first issue, concerning the negligent claims, the Court has no tentative ruling. The parties shall be prepared to discuss the following issues: 1. As Southstar notes, the issue is whether the Privette‐Toland doctrine shields Southstar from liability. That shield is provided to the landowner who h...

Excerpt: ...provides the requested documents. A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. (CCP §2031.310.) “Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact‐specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App.4th 92, 98.) Informa...

Excerpt: ...ions regarding Hendrix and other employees at any of their properties. Any similar acts of sexual impropriety by any employee before or after Plaintiff's incident are discoverable under Lopez v. Watchtower Bible and Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566 and similar cases. Defendants rely on boilerplate objections that fail to comply with the requirements set forth in Code of Civil Procedure section 2031.240. The motion is gra...

Excerpt: ...privileged information “that is relevant to the subject matter involved…” (Code Civ. Proc., §2017.010.) It is discoverable if it either would be admissible evidence or “appears reasonably calculated to lead to the discovery of admissible evidence.” Page 3 of 6 Doubts as to relevance should generally be resolved in favor of permitting discovery. (Id.; see Williams v. Sup. Ct. (Marshalls of CA, LLC) (2017) 3 Cal.5th 531, 542.) Documents ...

Excerpt: ... exists. Declaratory Relief: The COA for Declaratory Relief fails because there is no actual or present controversy between Plaintiff and Defendant “with respect to their interests in the Subject Property and their rights and duties under the Oral Agreement.” First, in a prior unlawful detainer action filed by Defendant against Plaintiff in November 21, 2018, relating to the sublease of the subject property, a judgment was entered in favor of...

Excerpt: ...n matters embraced in" or "affected" by a pending appeal. The Banc argues that the claim made in the FAC that the court's setoff did not violate the Bank's rights as a secured creditor or under a Subordination Agreement signed by the Bank, E‐Commerce Trade, LLC and ECL encompasses the Bank's Third Cause of Action for Breach of Subordination Agreement at issue in the Bank's FAC and that adjudication of this cause of action in this proceeding cre...

Excerpt: ...employee to seek recovery of tort damages from the person who hired the contractor but did not cause the injuries. (Privette, supra, 5 Cal.App.4th at p. 702, emphasis added.) Defendant must establish, by admissible evidence, that there was an independent contractor. Defendant has failed to do so. Defendant contends that Defendant hired Desert Power as an independent contractor. Labor Code section 2750.5 requires Defendant to present admissible ev...

Excerpt: ...they are directed is not material to the Court's analysis. Actuant failed to meet its initial burden by failing to address all of products alleged to be defective in the operative complaints. A summary judgment motion must show that the “material facts” are undisputed. (CCP § 437c(b)(1).) The pleadings determine what issues are material in a summary judgment motion. (Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1258; Nieto Blue ...

Excerpt: ...n matters embraced in" or "affected" by a pending appeal. The Banc argues that the claim made in the FAC that the court's setoff did not violate the Bank's rights as a secured creditor or under a Subordination Agreement signed by the Bank, E‐Commerce Trade, LLC and ECL encompasses the Bank's Third Cause of Action for Breach of Subordination Agreement at issue in the Bank's FAC and that adjudication of this cause of action in this proceeding cre...

Excerpt: ...employee to seek recovery of tort damages from the person who hired the contractor but did not cause the injuries. (Privette, supra, 5 Cal.App.4th at p. 702, emphasis added.) Defendant must establish, by admissible evidence, that there was an independent contractor. Defendant has failed to do so. Defendant contends that Defendant hired Desert Power as an independent contractor. Labor Code section 2750.5 requires Defendant to present admissible ev...

Excerpt: ...laintiff Sears generally alleges that Defendant Fort CRE fraudulently and wrongfully refused to complete the sale of certain assets, including a senior loan and deed in lieu of foreclosure, for the Colony Palms Hotel. Sears was interested in buying a senior lien on the hotel property being sold at auction through Fort CRE's broker, Debt Exchange. Sears did not enter a bid at the auction that took place July 23, 2020. But after the action, Sears l...

Excerpt: ...are to Sohal and Pham Dental Corporation dba Perris Modern Dentistry (“Dental Office”) on November 3, 2017, at which time defendant Sherly Sohal, DDS (“Dr. Sohal”) placed temporary dental crowns. Permanent crowns were placed several days later. He continued to experience dental pain. On February 12, 2018, he returned to the Dental Office, complaining of bleeding gums that were tender to the touch. He was diagnosed with chronic moderate to...

Excerpt: ... 310‐11 [judicial notice of release and reinsurance contract].) Plaintiff's Opposition Request for Judicial Notice Plaintiff requests that the court take judicial notice of orders issued in three lower state courts in North Carolina, Nevada and Ohio. (Exhibits A, C‐D), as well as a transcript of a proceeding in New Jersey state court (Exhibit B). The request is denied. While the court may certainly take notice of orders issues in any court of...

Excerpt: ... amend. The Court overrules Defendant Adriane Rodriguez's demurrer. The Court sustains Defendant Tsai's demurrer without leave to amend. The Court sustains Defendant Afifi's demurrer without leave to amend. The Court overrules Defendant Alomari's demurrer. Defendants Rodriguez to file answers within 30 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Troung Dinh Doung, M.D. alleges that he is a cardiologist with a certificate in Clinical Cardiac Elec...

Excerpt: ...ey contend they are entitled to fees pursuant to CCP § 2033.420 as Plaintiff failed to admit that the FEHA claims were time barred. In actions brought under FEHA, “the court, in its discretion, may award to the prevailing party reasonable attorney's fees and costs, including expert witness fees, except where the action is filed by a public agency or a public official, acting in an official capacity.” (Gov. Code § 12965(b).) It has been the ...

Excerpt: ...al Motors, LLC (“Defendant”). Plaintiffs received an express written warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty, a 5‐year/100,000‐mile powertrain warranty which, inter alia, covers the engine and transmission. Plaintiffs allege that the subject vehicle contains numerous defects, including a cooling system defect, which Defendant allegedly concealed. Plaintiffs delivered the subject vehicle to authoriz...

Excerpt: ...d on for purposes of the motion shall be preserved for appellate review.” (CCP §437c(q).) Only TQL filed evidentiary objections, all of which are overruled. Motion A defendant moving for summary judgment 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 a complete defense to that cause of action. (C.C.P. § 437c(p)(2...

Excerpt: ... or proceedings has been taken. In the absence of an attorney affidavit of fault, the burden is on the moving party to show that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. The proofs of service filed on 9‐25‐20, show the date for service of the summons and complaint as 9‐22‐20. The Request for Entry of Default was filed on 11‐2‐20. The declara...

Excerpt: ... or petition for redress of grievances.” (Flatley v. Mauro (2006) 39 Cal.4th 299, 311‐312 (“Flatley”).) Because not all speech or petition activity is constitutionally protected, not all speech or petition activity is protected by the anti‐SLAPP statute. (Id. at p. 313.) To prevail on an anti‐SLAPP motion, the moving party must first make a prima facie showing that the claims arise from the defendant's exercise of free speech or petit...

Excerpt: ...f the court finds the following two things: (1) the admission resulted from mistake, inadvertence or excusable neglect; and (2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (CCP §2033.300(b).) \ The court finds mistake, inadvertence and/or excusable neglect. The motion is accompanied by the declaration of Plaintiff's Attorney Shelly Ziese who states she made an inadvertent t...

Excerpt: ... specificity.” However, there is no breach of contract action alleged so, the requirement is inapplicable. Uncertainty The Second Amended Complaint in this case is a prime example of an uncertain complaint. Plaintiff has not clearly alleged the conduct engaged in by the specific Defendants to support the causes of action alleged in the SAC. There are very few factual allegations, and a lot of references to statutes, which are not connected; the...

Excerpt: ... he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment can be based on facts known only to a defendant, defendant knows plaintiff does not know these facts and cannot reasonably discover them, and where the defendant actively conceals discovery from plaintiff. (Warner Con...

Excerpt: ...ment v. Alegra (2009) 177 Cal.App.4th 1277, 1294). Although some effort is required in all instances, the level of effort that is reasonable is different in different circumstances, and may vary with the prospects for success. (Id.) Defendant complains that Plaintiffs sent a meet and confer letter at the last minute, only 8 days before the deadline to file a motion to compel, showing bad faith. Plaintiffs accuse Defendant of dumping documents on ...

Excerpt: ...on. To assure uniform results as to arbitrability of disputes subject to the FAA, conflicting state law is preempted under the Supremacy Clause. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 352.) The FAA has been held to preempt a variety of types of employment disputes subject to arbitration agreements, e.g., Cal. Labor Code, §229 which authorizes lawsuits for unpaid wages “without regard to the existence of any private agreement to ...

Excerpt: ...inkle and Margaret Stutz (together, “Individual Defendants”). (DRMC and Individual Defendants are collectively referred to as, “Defendants”). Plaintiff alleges that on October 22, 2019, DRMC terminated her employment as a nurse in the Labor and Delivery unit at the hospital. (Complaint, ¶¶ 13‐20.) Plaintiff further alleges that her employment was wrongfully terminated in retaliation for Plaintiff's communication of complaints/concerns...

Excerpt: ... record or file. Notice is not taken of truth of matters stated. (Evidence Code, §452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564‐1569; Fremont Indemnity Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Granted as to No. 2: judicial notice may be taken of “[r]egulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States.” (Evidence Code, §452(b).) Plain...

Excerpt: ... him by Plaintiff and transfer of title to real property to revocable trust of which Defendant Susan Frydrych, Adelman's daughter is the beneficiary. Plaintiff alleges the following as to the agreement for legal services and transfer of assets: Jerome Adelman entered into an agreement with Plaintiff for legal services in the matters of Ronald Adelman v. Jerome Adelman, Los Angeles Superior Court Case No. LC097376 on August 12, 2012; and Jerome Ad...

Excerpt: ...(4) prohibited from public nudity; (5) prohibited from altering and/or removing Common Area property without permission of the Associations Architectural Committee or the Association's Board; (6) prohibited from spraying noxious chemicals on the Property and/or Common Areas and (6) For Damages, including but not limited to costs to repair/restore damage Defendants caused to the Common Areas, according to proof at trial. The 2nd cause of action fo...

Excerpt: ...arty establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment 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 a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa...

Excerpt: ...the case back to active status. FACTUAL / PROCEDURAL CONTEXT Plaintiffs are the surviving sons of the decedent James Arlin Curl who have filed this action, against a Residential Care Facility for the Elderly (“RCFE”). James Alan Curl, in his representative capacity, alleges a claim for elder abuse under the Welfare and Institution Code and negligence. James Alan Curl is joined by David Cline Curl, in their personal capacities, and have brough...

Excerpt: ...the district's high school which tenure lasted for approximately ten years. For the 2018‐2019 school year, petitioner was transferred to Felix J. Appleby Elementary (“Appleby”) to teach special education in the “Bridge Program.” Plaintiff contends that he was inadequately trained for the position and was not provided with proper resources, and he further alleges that the move was a punitive one. Petitioner's termination from the distric...

Excerpt: ...discovery is not limited to documents admissible at trial. Discovery may concern information that is itself admissible or that is reasonably calculated to lead to admissible evidence. Documents related to the technical service bulletins for the subject vehicle may be admissible in evidence, but, even if they are not, the bulletins may lead plaintiff to other evidence and witnesses that are admissible. As to No. 26: This is similar to No. 25. Just...

Excerpt: ...estbound Route 60 when Defendant Jesus Bautista Loya, who was driving eastbound, lost control when he came into contact with a flooded area and crashed into Plaintiffs. Plaintiff Brian Pucio is Plaintiff Donna's spouse and asserting loss of consortium. On 11/15/19, Plaintiffs filed a complaint for: (1) dangerous condition of public property; and (2) negligence. Plaintiffs move for trial preference based on Plaintiff Sieglinde Lashkin's age (92 ye...

Excerpt: ...er, McBride and Opitz purchased and sold, or attempted to sell, a number of residential properties. McBride and Opitz dispute their rights and responsibilities as to title to the properties, rights to profits from the sales, and whether and in what amount each has made contributions to the partnership. (SACC ¶¶18‐33.) Plaintiff Ali Galam, as assignee of James McBride, filed his Complaint on July 5, 2018 and named Opitz as defendant. On August...

Excerpt: ...a)(1), 576; Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) But proposed amendments seeking to add new or different claims or causes of action should not be permitted if they seek to add causes of action that are not sufficiently pleaded. (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 652.) The Court finds moving party has demonstrated a valid basis to add TFS as Doe 1 and to amend the complaint to include causes o...

Excerpt: ...or $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, Charmine Marie McClain, Meghan Trust and Rebekah Havard (McClain Beneficiaries) filed this First Amended Cross Complaint for (1, 3) financial elder abuse, (2) intentional interference with contract, and (4) breach of fiduciary duty based ...

Excerpt: ...nded Complaint are sustained as to all causes of action. The sustention is without leave to amend unless Plaintiff articulates at the hearing what facts she can truthfully allege that would create a reasonable possibility that the defects identified by Court and counsel would be cured. (Code Civ. Proc., § 430.41, subd. (e)(1).) Analysis: The Court does not consider the plaintiff's declaration in support of her opposition. It consists solely of f...

Excerpt: ...cer Drootin had no duty to enforce the DVRO and CPO is persuasive. This is based on the general duty that “a police officer does not owe a private citizen a duty to arrest any person, or otherwise protect another person against crime.” (Dem. p. 17:23‐24; see Bom v. Sup. Ct. (the People) (2020) 44 Cal.App.5th 1, 15‐16 [police officers may arrest a suspect when there is probable cause to believe the suspect committed a crime, which is withi...

Excerpt: ... action on September 17, 2020 against defendants Deborah Quinn (“Quinn”) and Stephan Brown (“Brown”) (together, “Defendants”). Plaintiff alleges that the parties breached an implied part of a Stock Purchase Agreement (the “Agreement”) under which Quinn sold 100% of the Attitude Adjustment Inc. (“AAI”) to Brown by not tendering Plaintiff a pro rata amount of the proceeds Page 5 of 6 based upon her ownership interest in AAI. Pla...

Excerpt: ...ately caused death or injury to person or property; (3) the death or injury resulted from an occurrence of the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.) Although Defendants ...

Excerpt: ... CSD move for judgment on the pleadings as to the remaining causes of action in the Second Amended Cross Complaint. The first cause of action for defamation is sufficiently pleaded and the Court rejects the arguments by moving party that on the face of the operative cross complaint it is evident that the statements are unpublished “opinion” that are insufficiently alleged, protected by the litigation privilege or not “of and concerning” V...

Excerpt: ...are immaterial. C.C.P. § 437c(q). FACTUAL / PROCEDURAL CONTEXT Plaintiffs Sandra G. Guzman and Diana C. Guzman (collectively “Plaintiffs”) purchased a new 2014 Dodge Dart from Perris Valley Auto Center (“Dealership”) on 8/30/14. The vehicle was manufactured by FCA US LLC (“FCA”). Plaintiffs contend that the vehicle was delivered to them with defects. Dealership and FCA (collectively “Defendants”) were allegedly aware that the veh...

Excerpt: ...y authorizing Maher to act on Plaintiff's behalf in regards to banking transactions. Later, Maher enticed Plaintiff to loan him money to be used exclusively to purchase and improve foreclosed properties. The properties were to be purchased by Maher and Defendant MJ Ventures, which is a joint venture between Maher and Jay Salman (“Salman”). Over time, Maher withdrew $484,900 from Plaintiff's bank account and deposited it in his own account. Fr...

Excerpt: ...et for 4‐20‐21 is continued to 6‐9‐21 at 8:30 a.m., Department 5. A supplemental declaration was filed and the meet and confer requirements has now been met. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v....

Excerpt: ...of the matters assert in those documents, including the factual findings are not entitled to notice. (Sosinsky v. Grant (1992) 6 Cal. App. 1548, 1562‐1569.) Fitness brings this Motion to consolidate this case with UDCO2100019, the UD action filed by Chase claiming that common questions of fact and law exist. Fitness contends it will suffer irreparable injury if the Court does not act immediately in that the UD action invokes summary procedure a...

Excerpt: ...ental status examination and interview of Plaintiff as well as the administration of a battery and/or series of psychological and/or psychiatric tests throughout the examination and testing period." (See, Demand, Ex. "A" to State Farm's Motion to Compel.) Petitioner must obtain leave of court to conduct a mental exam. Accordingly, the notice is defective and provides a legal basis for denial. In any event, Respondent is not making a claim for men...

Excerpt: ... specifically the value of the claims if plaintiff were to prevail completely and the reasonable likely recovery for the claims lacks detail regarding how the amounts were calculated and is vague regarding the reasons for discounting the value of each claim. It is not clear that this named plaintiff is an adequate class representative for the entire class period in light of the break in his employment. Please address this issue in any renewed mot...

Excerpt: ...tes shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The plaintiff does not allege how she falls within the class of individuals protected by this section. For instance, she does not allege that she was a participant in any program or activity conducted by the school distr...

Excerpt: .... (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For the first cause of action under Civil Code section 1708, the fifth cause of action under Code of Civil Procedure section 366.2, the sixth cause of action under Code of Civil Procedure section 708.210, and the seventh cause of actions under Code of Civil Procedure section 22, those sections do not establish causes of action. For the second cause of action under the Fourth Amen...

Excerpt: ...who no longer have an active account. How many of the class members no longer have an active account? Does defendant have email addresses for class members who no longer have an active account? If not, how will they be notified? Assuming defendant has the means to notify class members who no longer have an active account, will these class members be charged a subscription price to re‐activate account in order to use the Super Swipes? Or should ...

Excerpt: ... terms of FCA's initial § 998 offer satisfactory, which also provided that FCA would accept the vehicle within 45 days and remit payment within 24 hours of receipt of vehicle. (Mikhov Decl., ¶17.) FCA signed and accepted the offer on 11‐12‐20. (Id.) The settlement also provided that, for purposes of motion for fees and cost, Plaintiff was the prevailing party. (Id.) Plaintiff brings this motion under CC §1794(d), seeking award of fees and ...

Excerpt: ...ght in the form of a noticed motion to be heard no later than 21 days before the date first set for trial.” Rather than comply with that deadline, the plaintiff waited more than four months to file her motion for relief, and set it for hearing on March 8, a mere four days before her March 12 trial date. The motion also fails on the merits, for several reasons. First, the plaintiff concedes that relief under section 473 is conditioned upon the r...

Excerpt: ...enue 52 [in Indio] outside of [a] … crosswalk when a presumably inattentive driver took his eyes off the road to turn around and attend to his child in the backseat ….” The driver struck and killed the decedent in the westbound lanes of Avenue 52 about a quarter‐mile east of the Avenue 52‐Monroe Street intersection. Plaintiffs are the decedent's parents. This unfortunate homicide occurred on the first evening of the 2016 Coachella Valle...

Excerpt: ...not file an opposition. On 11‐28‐29 Defendant filed a notice of non‐opposition. On 12‐3‐20, the Court granted the Motion to Compel and imposed $660.00 in sanctions (“December Order”). The Notice Ruling on the December Order shows a proof of service by mail of 12‐4‐20. The motion for reconsideration was filed on 1‐8‐21. On 10‐20‐20, Defendant propounded requests for admissions (RFAs). Plaintiff failed to serve responses b...

Excerpt: ...esirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages. [Citations.]” (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 738.) With respect to the sixth cause of action, Plaintiff has failed to adequately plead mis...

Excerpt: ...ations of the second to fourth causes of action. The court grants the request to amend the first cause of action since defendants' demurrer argues that the allegations in the second to fourth causes of action are merely negligence claims already included in the first cause of action. As to the second cause of action, the claim for negligent infliction of emotional distress fails because no such separate tort is recognized in California; the claim...

Excerpt: ...icularity." (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809; Searcy v. Hemet Unified School District (1986) 177 Cal. App.3d 792, 802.) The County argues that Plaintiff' s complaint against the does not, however, contain facts particularly establishing the existence of any statutory or other type of liability it. This argument lacks merit. The elements of a civil action for false arrest are as follows: (1) That Defendant arrested Pla...

Excerpt: ...el by the deadline for the service of responses and objections and filed a week later, the Motion is sufficiently prompt. Merits: Bertrand propounded 60 RFAs. Counsel served a declaration in compliance with section 2033.050, which states that the number of RFA is warranted under Section 2033.040 because of the complexity or the quantity of the existing and potential issues in the case. However, other than stating that he is entitled to discovery ...

Excerpt: ...onse and produce the responsive documents. RFP No. 2: Any and all documents referring or relating to your investigation of the Incident. Response: None. This response is not code‐compliant. Although in her Declaration Devine indicates that she searched for the documents and that the documents may have been lost during a recent move, the response does not indicate that a diligent search and reasonable inquiry were made or explain the reason for ...

Excerpt: ...zation of here medical condition to obtain state benefits, as well as to calculate plaintiff's economic damages. The court evaluates the documents sought under the narrow privacy rights standard of whether the documents are directly relevant and, even if directly relevant, the balancing of whether plaintiff's privacy rights are outweighed by Target's need for the discovery. Target has failed to demonstrate that its overbroad discovery requests ar...

Excerpt: ...hearing on a writ of administrative mandamus is conducted solely on the record of the proceeding before the administrative agency. (Toyota of Visalia v. New Motor Vehicle Bd. (1987) 188 Cal.App.3d 872, 881.) If a party contends the record certified by the agency is incomplete, the appropriate remedy is a motion to augment the record. (Consolidated Irrig. Dist. v. City of Selma (2012) 204 Cal.App.4th 187, 197‐201.) CCP § 1094.5(e) provides: “...

Excerpt: ...ted in such documents is not subject to judicial notice. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471.) Pursuant to Corps. Code §1304, Plaintiff asks the court “to determine or appoint one or more impartial appraisers to determine the fair market value of Plaintiff's dissenting share.” (Comp. ¶46; Prayer ¶¶12‐15.) Defendant RPN asserts an affirmative defense to this cause of action under Corps. Code §310, whi...

Excerpt: ...on of Documents (Set One) [RPDs] on 6/10/20; FCA served its original responses on 7/15/20. (Dec.Lotardo ¶¶13‐14, Ex. “2”.) On its face, the motion for a protective order seems to be untimely. However, importantly, the RPDs did not specifically request the Moran Class Action documents. (Dec.Lotardo ¶13.) In fact, discussion about the Moran documents came up during meet and confer efforts concerning Plaintiff's motion to compel further res...

Excerpt: ...ave to amend. As to the remaining causes of action, leave to amend is denied. Analysis: The plaintiff is estopped from complaining about the defendants' failure to meet and confer by telephone, since the plaintiff failed to list his telephone number on his complaint. And it is not reasonable to expect anyone to meet and confer in person during a pandemic. Therefore, the plaintiffs' effort to meet and confer and confer was sufficient. Even if it h...

Excerpt: ... FACTUAL / PROCEDURAL CONTEXT Plaintiff Malania Studley‐ Iman (“Plaintiff”) was injured in a car accident that also caused the death of one of the drivers in the accident. She was provided with emergency care by Maurico E. Castillo‐Zeledon, Ariel P. Cendejas, and American Medical Response, Inc. (collectively “Defendants”). Plaintiff contends that Defendants joked about the death of one of the drivers involved in Plaintiff's accident a...

Excerpt: ...utstanding amount owing on a loan given to Michael Johnson, who died in July 2019 and was the owner and operator of two art galleries known as “Michael Johnson Fine Arts” and “California Watercolor.” (FAC, ¶2.) Amanda Johnson and Nick Johnson, respectively the surviving spouse and son of Michael Johnson, are successors in interest to the assets, personal property, painting and watercolors of Michael Johnson, Michael Johnson Fine Arts, an...

Excerpt: ...ology, Inc v. State of California (2005) 129 Cal.App.4th 887, 901‐903.) Promissory estoppel has been applied to actions by a general contractor to recover damages incurred as a result of its reasonable reliance on a subcontractor's mistaken bid. (C&K Engineering Contractors v. Amber Steel Co., supra, 23 Cal.3d at 7; Drennan v. Star Paving Co. (1958) 51 Cal.2d 409, 413‐414.) “This principal is applicable to a proposed subcontractor (promisor...

Excerpt: ...e IME depends on Plaintiff giving genuine, unrehearsed answers to Dr. Filanosky's questions. (Motion, Dec.Traver ¶8.) While Plaintiff may have requested the test questions prior to the IME, Plaintiff has not made this particular argument in the Opposition and expressly states in the Opposition that he is not asking for the tests ahead of time. (Oppo. p. 4:10.) Johnson's assertion that Plaintiff's responses to questions must be genuine and unrehe...

Excerpt: ...he SAC, to which Defendant did not demurrer. “Once filed, an amended pleading making substantive changes supersedes the original.” (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial, §6:688 (Rutter Group 2020).) So, the real issue is whether substantive changes were made between the TAC and the SAC. Defendant does not point to any. Accordingly, there is no indication that the filing of the TAC is improper as to this Defendant. In supplem...

Excerpt: ...t Ryder acted with a discriminatory animus. Specifically, Plaintiff presents evidence that Ryder's stated reason for terminating his employment – that Miles left a job site without permission – is false. Kyle Farden, Miles' coworker, testified that Miles never left the job in question because Miles was working with Farden the entire time he was at the jobsite. (Farden Depo. 87:12‐88:4.) Plaintiff also provides evidence that Robinson said th...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...ontinuance” appears to be a record of 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 j...

Excerpt: ...as alleges that beginning on 1/27/15 she entered into a series of fee agreements with Defendant, Nathan Mubasher, for him to represent her in several matters concerning her former counsel's alleged legal malpractice; emotional distress she allegedly experienced while dining at Sizzler; investigation of an individual Plaintiff identified as someone she believed molested her; and general legal advice. She alleges that Mubasher was uncommunicative a...

Excerpt: ...arranting relief. FACTUAL / PROCEDURAL CONTEXT Plaintiff homeowner's association Pacific Moreno Valley, Inc. (“HOA”) commenced this action on March 8, 2019, alleging defendant Angela Fleming aka Angela Foster (“Defendant” or “Fleming”) embezzled funds from the HOA as the Board President. The Complaint alleges causes of action for 1) conversion/embezzlement; 2) fraudulent concealment; 3) breach of fiduciary duty; 4) negligence per se; ...

Excerpt: ...ed injuries from a fall while he was inspecting a backhoe he was interested in purchasing at an auction site owned by Defendant RBA. The Complaint was filed on August 29, 2019, against Defendants RBA, Joy 2001 Inc., and Jose Gonzalez, alleging three causes of action: (1) Motor Vehicle; (2) General Negligence; and (3) Premises Liability. The allegations in Plaintiff's form Complaint are short and brief: “On 9/22/2017 at or near Ritchie Brothers ...

Excerpt: ... to the alleged date. Here, the Complaint was not filed in close proximity to April 12, 2020, therefor, it was not timely filed under the one‐year contractual limitations period set forth in the insurance policy. However, Judicial Council of California, Emergency Rule 9, provides, in pertinent part, “Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2...