Excerpt: ...nsurance Company is the workers compensation carrier for KDI Elements. KDI Elements was a subcontractor for Lusardi Construction Company (“Lusardi”) on a project at Big Horn Golf Club. While working on this project, Jose Navarro, an employee of KDI Elements, injured himself after he tripped and fell over cardboard left on the job site. Plaintiff was required to pay Navarro for his injuries. Plaintiff has brought this lawsuit against Lusardi, ...

Excerpt: .... CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Plaintiff Daniel Gonzalez (“Plaintiff”) filed the complaint in this wage and hour class action on March 17, 2020 and the operative first amended complaint (“FAC”) on June 1, 2020 against defendant CR&R Inc. (“Defendant”). Plaintiff alleges that he worked as a driver for Defendant for approximately fourteen years until his termination on December 2019. (FAC, ¶ 13.) The FAC s...

Excerpt: ...ntiffs are stockholders in Green America, Inc. Determination of Plaintiffs' shareholder status is a dispositive issue that reasonably could lead to settlement of the remaining issues, and could save trial time, be a convenience to witnesses, facilitate economy and efficiency in handling the litigation and serve the ends of justice. Under CCP §§ 598, and 1048(b) such are primary considerations for the court in ruling on this type of motion. Finl...

Excerpt: ...s favor each claim in IID's FACC seeking equitable indemnity, implied indemnity, contribution, apportionment, or declaratory relief from Woodspur arising from Nationwide's subrogation action, or the Sun World FACC as it relates to the Nationwide subrogation action (causes of action 1‐3 in the Sun World FACC). Adjudication is denied as to the remaining claims seeking equitable indemnity, implied indemnity, contribution, apportionment, or declara...

Excerpt: ...und Ramon Road onto the westbound Ramon Road where she was struck by a car that was street racing while heading West on Ramon Road. Plaintiff alleges the following: Ramon Road at and around where the INCIDENT occurred (referred to herein as "ROADWAY") is an east/westbound road, with three lanes of traffic in each direction and a cement center median with a curb and vegetation. The PREMISES is located on the south side of the ROADWAY, approximatel...

Excerpt: ... the county, the owner appeared ex parte and obtained a temporary restraining order, preventing the enforcement of the warrant, and an OSC. The order to show cause asks why a preliminary injunction should not be issued. A preliminary injunction seeks to preserve the status quo until a trial is conducted on the Page 4 of 4 merits of the competing claims. But the County's present action is very limited in scope, and seeks nothing but the issuance o...

Excerpt: ...lary Damages attachment as a whole. FACTUAL / PROCEDURAL CONTEXT This is a premises liability/negligence case. Plaintiff, Kamana Mukergee (plaintiff or Mukergee) alleges that she was at Defendant Parkview Community Hospital Medical Center (Parkview) when she was struck by an outward swinging door on two separate occasions (1/18/18 and 11/23/18). Plaintiff alleges that defendant Jennifer Bangalan Taguba (Taguba) was the person who struck her on th...

Excerpt: ...erated by Defendant Avneesh Gill. Plaintiff and Defendants Gill and Hertz have entered into a settlement agreement in the sum of $15,000. Defendants Gill and Hertz seek this court's determination of good faith settlement on the grounds that $15,000 represents the full amount of the policy limits available for the accident. In support of their motion Defendants Gill and Hertz submitted the declaration of Attorney Shirley Bridwell and Defendant Avn...

Excerpt: ... the party must state they made a reasonable inquiry to obtain sufficient information. Plaintiff objects to certain terms as undefined, but these are common terms with ordinary dictionary meanings or common medical terminology. Request #10 is not compound as “immobile” and “unable to ambulate” are synonymous terms. If a request calls for Plaintiff to admit or deny a specific medical condition or diagnoses, the respondent is not relieved o...

Excerpt: ...area of concern or discussions pertaining to other situations similar to the cause of death here. As authored, the request is so broad that conceivably the responding party would provide unlimited revelation of it's Board's discussion. RFP40: The Motion is DENIED under EC1157. However, Defendant must provide privilege log and is so ordered to do so. Discovery of documents relating to mock survey may be prohibited under Evidence Code section 1157....

Excerpt: ...erated by defendants Integrated Care Communities, Inc. and California Drug Consultants, Inc. dba Integrated Care Communities – A1 (“Defendants”) and at which she resided started June 29, 2018, failed to provide adequate care and attention to her basic needs, causing her to suffer from pressure sores, dehydration and other health conditions. Plaintiff filed the Complaint by and through her attorney‐in‐ fact, Carla Singleton, on October 2...

Excerpt: ...rt and before two different judges. The parties need to obtain an order consolidating the two cases or, alternatively, an order allowing Mr. Greene to be added to this case and an order dismissing RIC 1703773. The second amended complaint in this matter discusses freight and prep fees. Mr. Greene's complaint generically discusses undisclosed fees charged. The proposed notice discusses improper freight, dealer preparation, manufacturers installed ...

Excerpt: ... 6 This FAC for: (1) Fraud, (2) Breach of Contract (Oral Consulting), (3) Breach of Contract (Written Confidentiality and Non‐Circumvention), (4) Conversion, (5) Violation of Penal Code § 496, (6) Breach of Fiduciary Duty and (7) Rescission is based upon allegations that Plaintiff Accucash Holdings, LLC entered into three Contracts with Defendant Peter Wagner related to opening what appears to be a cannabis product manufacturing business. The ...

Excerpt: ...s reasonable. The court reduces the requested fees of $66,162.00 by the $1,472.00 charges for the ex parte to set aside dismissal and $2,500.00 related to the charges for the present motion. The opposition does not challenge the costs and expenses in the amount of $9,828.66 and those cost and expenses are awarded. Request for Judicial Notice: Although the court is not bound by rulings of other superior courts, the decisions are admissible to demo...

Excerpt: ...ium unit. Plaintiff contends that he purchased the condominium believing that he would have access to, and the right to use, the immediately adjacent pool area. Plaintiff alleges in the First Amended Complaint that after he completed his purchase of the condominium, he learned that the pool area was owned by a home owners' association other than the one he belonged to as an owner of the condominium; meaning Plaintiff had no right to access or use...

Excerpt: ...of action. The undisputed facts show that plaintiff was compensated for all time worked while clocked in, which, when combined with the Hospital's relevant policies, gives rise to a presumption that he was compensated for all work. Plaintiff's evidence, although it shows that he worked off‐the‐clock and that defendant could have known that he did so, is insufficient to create a triable issue of fact that defendant actually knew or should have...

Excerpt: ...nitive damages are not sought nor recoverable on the contract cause of action as conceded by Plaintiff. Plaintiffs Rolloco Holdings, Inc., Cathy Rollo and Tony Rollo allege that they previously filed a suit in the U.S. District Court against Defendants that resulted in a settlement agreement on 3/19/18. The settlement agreement provides that Plaintiffs would dismiss the action and Defendants would issue a promissory note in favor of Plaintiffs fo...

Excerpt: ...95) 76 Cal.App.4th 176, 181. Since judgment has been entered as to County of Riverside, the Court lacks jurisdiction to hear the request for reconsideration as to County. Id. at 181‐ 182. To the extent that Plaintiff seeks to reconsider the 6/14/19 order dismissing Cois M. Byrd Detention Center, Sheriff Stan Sniff, and Riverside County Jail from this matter, the motion is denied as it is untimely. To the extent that Plaintiff seeks leave to ame...

Excerpt: ...Additionally, the actions of the Moore do not demonstrate a lack of reasonable diligence. There is no showing that the claims in the Moore Action lack merit. The admissions of another defendant in the St. James Action cannot be used against them to demonstrate they have no claims because the responses and admissions were not by them. (Code Civ. Proc., § 2033.410(a) [admissions binding on “the party making the admission in the pending action.�...

Excerpt: ...5 million, $9 million in cash and the subject promissory note in the amount $2.5 million. In April 2017 after ECT initiated arbitration proceedings against ECL, Frank Halcovich, and Wendy Hertz, the matter was stayed, pursuant to stipulation, pending completion of arbitration. The arbitrator issued an award in 2018, and following motions to enter and to correct the award, the court entered the award on February 14, 2019. In February 2019, Banc of...

Excerpt: ... by Defendants Ruby Rodriguez and Oscar Avalos. Construction was ongoing on the premises and there were no warnings, barriers, signs or markings for drivers traveling eastbound onto the road. Defendants Prestige International Security, Orr Buildings, Barker Pacific Group, Inc., Sunniva Full Scale Distributors Corporation., The Altum group, J.H. Thompson & Sons, Inc., Tops N Barricades, Inc. and City of Cathedral are alleged to have owned, operate...

Excerpt: ...rom the account where Defendant is believed to have made payments relating to the purchase of the subject property. Defendant acknowledges this Wells Fargo bank account is the account he used when he purchased the subject property. (Motion at p. 2:19‐21.) Plaintiffs assert they are the equitable owners of the property under the doctrine of resulting trust as they paid the consideration for purchase of the property. To prove this theory, Plainti...

Excerpt: ...e motion only pertaining to the negligent administration of duty. (See Warrick v Superior Court (2005) 35 Cal.4th 1011, 1019.) All other discovery requests are denied. The Court orders that it will conduct an in camera review of these documents to determine whether any such documents exist. The Court will discuss with counsel about the procedure and how the documents are to be transmitted to the Court. FACTUAL / PROCEDURAL CONTEXT Plaintiff Rudy ...

Excerpt: ...Inc., Sun Valley Recovery, Inc. and Hope Canyon Recovery, Inc. (“Plaintiffs”) filed the complaint in this action on November 22, 2016, and the operative first amended complaint (“FAC”) on August 7, 2019, against defendants/cross‐complainants 291 East Camino Monte Vista, Inc. and Rose Swearingen (“Defendants”). The FAC set forth three causes of action: (1) breach of contract; (2) negligent misrepresentations; and (3) money had and re...

Excerpt: ...apable of managing without assistance. Plaintiff's First Cause of Action contains only vague allegations of this relationship. The Court cannot ascertain what type of relationship Plaintiff and Dr. Young had, whether the relationship is one of caretaker‐patient, how often Plaintiff saw Young, whether Young visited Plaintiff at her care facility, whether Young provided Plaintiff care on an outpatient basis or whether Young worked as a physician ...

Excerpt: ...The motion is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. The TAC alleges that Plaintiff Edwin J. Dobremsyl was a patient at Defendant S‐H OPCO RANCHO MIRAGE, LLC dba BROOKDALE RANCHO MIRAGE's skilled nursing facility from March 17 to April 1, 2017, 16 days. (TAC ¶¶ 17‐30). The TAC alleges that Brookdale "neglected" Plaintiff because it "failed to ensure that DOBREMSYL wa...

Excerpt: ...a Brookdale Rancho Mirage. The motion is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. Plaintiffs allege the following as to AG Ranch Mirage: On April 1, 2017, DOBREMSYL was admitted to RANCHO with diagnoses of dehydration, and recent recurrent urinary tract infections. Upon admission, due to DOBREMSYL's dehydration and urinary tract infections, RANCHO staff should have initiated...

Excerpt: ...use it was brought within 30 days after service of the notice of renewal. Defendant asserts the grounds for vacating the renewal is failure to properly serve the summons and complaint. A judgment debtor bears the burden of proving, by a preponderance of the evidence that he is entitled to vacation of renewal of a judgment pursuant to CCP §683.170. Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195. Evid. Code §647 provides that...

Excerpt: ...tiff did not. Defendant Salisbury indicated that she wanted to argue the merits of the motion. As the Court did not have Plaintiff on the phone, the Court continued the motion to Friday, July 24, 2020. Below is the Court's original tentative, which is unchanged from the July 22, 2020 hearing. ** Tentative Ruling: The Court grants the motion for Plaintiff to file a 2nd amended complaint. Plaintiff to file its amended complaint within 5 court days....

Excerpt: ...e Partnership has available to it adequate cash to make such payment . . . .” It is not limited to currency, but rather includes liquid assets, i.e., assets that could be readily converted to cash. • “Defendant” is defined to mean University Campus Hotel, LLC. • “The date of the response to this demand” is replaced with “May 1, 2020. With those modifications, the plaintiff's motion to compel defendant University Campus Hotel, LLC,...

Excerpt: ...(“NOAs”) against each of the respondents, James Fernandez (PSC 1005534), Mary Rafferty (PSC 1905534) and Elizabeth Shepherd (PSC 1905551) (collectively, “Respondents”).1 In each of the NOAs, DRMC seeks a de novo appeal of all the findings, conclusions and awards set forth in the July 19, 2019 Order, Decision or Award of the Labor Commissioner, which awarded $66,492.41 to Fernandez, $57,589.92 to Rafferty and $64,794.62 to Shepherd for Lab...

Excerpt: ...Furniture is a furniture manufacturer and Robert Brown is the owner. On October 28, 2015, My Chic Nest and Beverly Furniture entered into a written contract under which Beverly Furniture was to manufacture and deliver furniture to My Chic. Beverly Furniture breached this agreement. On May 13, 2016, My Chic filed a Complaint against Beverly Furniture and Robert Brown in the LA Superior Court (case number BC620492). On March 29, 2018, the court ent...

Excerpt: ...suant to Evid. Code § 452(c). These documents are also judicially noticeable under Evid. Code § 452(h) as containing facts and propositions not reasonably subject to dispute. Defendants Affidavit for Request for Judicial Notice: Judicial notice is taken as to the filing of the Affidavit itself, as it is signed under penalty of perjury, but judicial notice is not taken as to the truth of the matters stated therein. The request includes pictures ...

Excerpt: ...of Decedent, Lawrence Johnson, who was a patient at Defendant, Physicians for Healthy Hospitals dba Hemet Valley Medical Center (HVMC) from 11/7/17 through 11/29/17, and of Kindred Hospital – Riverside from 11/29/17 to 1/4/18. Plaintiff alleges that during Decedent's stay he was mentally incapacitated due to dementia and other conditions. Plaintiff allege Defendants had a duty of care to Decedent to plan his care and treatment, ensure he receiv...

Excerpt: ...e. However, the court in Lyle states a claim for hostile workplace harassment can be brought even if the plaintiff is not the target of said harassment, but where she has witnessed harassment against another where that person falls within the same protected category as the plaintiff. Id. at 285. 2 nd CA: Plaintiff alleges that he is Muslim and that he asked Defendant if he could take time off for Ramadan. (Complaint, ¶ 22.) These allegations sup...

Excerpt: ...the leases. The two properties were used as wind farms. Plaintiff Arthur Gresen owns one property (Gresen Property). (SAC ¶ 1.) The Gresen Property lease expired on June 30, 2015. (SAC, Exh. B, ¶¶ 1.9, 2.) Plaintiff Solomon Gresen owns a 1/3 fee simple interest with two others as tenants in common (Siegal Property). (SAC ¶ 2.) The Siegal Property lease expired on May 31, 2015. (SAC, Exh. B, ¶¶ 1.9, 2.) The Original Complaint was filed on Ju...

Excerpt: ...�An individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under any provision of this code, unless that section under which the action is brought expressly requires exhaustion of an administrative remedy.” However, courts have found that section 244 does not require exhaustion with the Labor Commissioner. (Terris v. County of Santa Barbara (2018) 20 Cal.App.5th 551, 556‐557.) Nothing Page...

Excerpt: ...y of their authorized agents” may initiate the foreclosure process. The statute does not provide for a judicial action to determine whether the person initiating the foreclosure process is authorized to do so. (Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1156.) The Complaint alleges Defendants failed to comply with Civ. Code §2924 because the Notice of Default is void or avoidable as the purported beneficiary was not the...

Excerpt: ...eges that the defendant owed her a fiduciary duty as the trustee of the Lawrence and Doris Kleinfelter Family Trust and that he breached that fiduciary duty by withholding trust amendments from the Probate Court and by withholding bank statements for trust bank accounts from the plaintiff. (¶ 1.) The plaintiff alleges that she was unaware of those wrongful acts until the period of March 8 to March 28, 2017. (¶ 4.) Rather than file suit upon dis...

Excerpt: ...sider several factors in determining the reasonableness of a party's attorney's fees. These include "the nature of the litigation, the difficulty of the litigation, the attention given to the issues, the success of the attorney's efforts, and time consumed. [Citation omitted.]" (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) Although a fee request ordinarily should be documented in great detail, the Court is entitled to make its own e...

Excerpt: ... the July 20, 2020 hearing. The Court received a timely request for oral argument from defendant Secured Income Group I Inc. Defendant Secured Income Group appeared through counsel and plaintiff Padial. Both did so telephonically. An interpreter was not available and defendant Secured Income Group 1 Inc., began to argue that the hearing was moot because the sale of the subject property had already occurred. The hearing was continued to July 22, 2...

Excerpt: ...n is meritless on its face. Defendant seeks an “Order striking—under California Code of Civil Procedure (‘C.C.P.') section 425.16— Plaintiff' s Application and Order for Appearance for Examination (on Form EJ‐ 125), the order of which was served on Ross for a judgment debtor's exam set to occur in PS4 on March 20, 2020 (the ‘Examination Order').” Section 425.16 provides a procedure for striking “[a] cause of action against a perso...

Excerpt: ...entered against him. On July 27, 2019, Defendant was personally served with the summons and complaint filed in this case. (Motion, Exh. B.) Upon Plaintiff's filing of a Request for Entry of Default and Court Judgment, default was entered against Defendant on September 11, 2019. Judgment was entered on December 24, 2019. On February 04, 2020, Defendant filed the instant Motion to set aside the default judgment entered against him to be heard on Ap...

Excerpt: ...possible. If some documents cannot be produced electronically, the parties, to this motion, are directed to meet and confer and agree upon a safe method of production. In addition to the items they have agreed to provide, which are included here, granted as to Nos. 85, 90, and 92 and denied as to the remainder. Mark Wynne (Mark) and Kim Wynne (Kim) are each ordered to provide further verified responses within 20 days of the date of this order. Th...

Excerpt: ...efendant, Hemet San Jacinto Valley Chamber of Commerce, entered into a written lease agreement on 4/27/11, with Konica Minolta Premier Finance (Konica) to lease commercial equipment. The agreement required Defendant to make 60 monthly payments of $913.92. Plaintiff alleges Defendant defaulted on the agreement and owes the principal sum of $25,487.75, plus interest from the date of breach on 12/28/15. The Complaint was filed on 4/25/17 and alleges...

Excerpt: ...ike. Court grants MyDyer's requests for judicial notice of Stidham's declaration in support of LLR's Opposition to MyDyer's application for the appointment of a receiver and the transcript of the hearing on the demurrer to the First Amended Cross‐Complaint (FACC). However, the court can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact, and conclusions of law. (Ramsden v. Western Union (1977)...

Excerpt: ...ted by Plaintiff Francisco Padial (“Plaintiff”) to enjoin Defendant Secured Income Group (“Defendant”) and its officers, employees and agents from any action in furtherance of foreclosing on the subject Hayden Avenue property (the “Property”) before any final judgment, dismissal, or other disposition in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Prelimin...

Excerpt: ... a division of IberiaBank (“VirtualBank”); and IberiaBank (“IberiaBank). Plaintiff, who is the owner of property located in Corona, California (the “Property”) alleges multiple violations of the Homeowner Bill of Rights (“HBOR”). The Complaint sets forth seven causes of action: (1) violation of Civ. Code § 2923.6; (2) violation of Civ. Code § 2923.7; (3) violation of Civ. Code § 2924.11; (4) negligence; (5) intentional misreprese...

Excerpt: ...at he resides in was listed for sale without his knowledge, despite the fact that he made improvements to the property. Plaintiff sought a lis pendens which was denied. Plaintiff then obtained counsel, who then recorded a lis pendens. Defendant, Clare O'Brien (O'Brien) then applied ex parte to expunge the lis pendens. Plaintiff then filed a First Amended Complaint (FAC) on 9/11/19, for breach of contract, fraud and fraud in the inducement. On 10/...

Excerpt: ...o the extent that it vaguely refers to the “pleadings filed in this action and the judicial admission set forth therein” without identifying the particular records or the particular admission to which it is referring, it fails to comply with Evidence Code section 453, subdivision (b). The general demurrer is sustained because there is not allegation of a relationship giving rise to a duty to disclose. The elements of a cause of action for fra...

Excerpt: ...e second mortgage debt was discharged through the bankruptcy proceedings. In July 2019, Plaintiffs were contacted by Specialized Loan Servicing, LLC (“SLS”) and were informed that they could apply for available foreclosure alternative. Plaintiffs submitted the requested documents to apply for said alternative. On July 27, 2019, SLS informed Plaintiffs that due to their income, they did not qualify for a foreclosure alternative. Plaintiffs ask...

Excerpt: ...current servicer. On 7/3/19, Plaintiff submitted a complete loan modification application, but continued with their foreclosure efforts. She alleges that on 1/29/20, her application was denied and she appealed on 1/30/20. Plaintiff filed this action on 7/23/19. After the court sustained Defendants' demurrer, Plaintiff filed the First Amended Complaint (FAC) on 3/10/20. The FAC asserts: (1) violation of Civil Code §2923.6(c); (2) violation of Civ...

Excerpt: ...inancial Demurrer without leave to amend. The Court sustains CalAtlantic Financial and SPS Affiliates demurrer without leave to amend. Based on the fact that the Court sustained the demurrer without leave to amend, the motion to strike by Trinity Financial is moot. SUMMARY OF MATTER This is a foreclosure action. Plaintiffs Willis Jennings Jr. and Geraldine Jennings (“Plaintiffs”) allege that, on December 21, 2006, they obtained a mortgage loa...

Excerpt: ...t “the claimant has not commenced an action to enforce the lien within the time provided in Section 8460,” i.e., within 90 days of the recordation of the claim of lien. The motion presents no evidence or argument that the action was commenced more than 90 days after recordation of the lien. To the contrary, the petition alleges that the claim of lien was recorded on October 3, 2019 (¶ 5) and that the plaintiff filed the instant action to enf...

Excerpt: ... on each of them asserting lack of personal jurisdiction. Defendants argue that they did not receive mailed copies after substituted service was effectuated by a licensed processed server, and that service on the agent for service of process for either LLC was improper because “Steve Doe,” the person who answered the door at the agent's address was not authorized to accept service on behalf of the LLCs. In addition, Defendants argue that the ...

Excerpt: ...rguing that the cause of action combines an oral and written contract so he cannot determine whether the claim against him is oral or written. A judgment on the pleadings is limited in scope to two grounds: the court does not have jurisdiction; and, the complaint fails to state facts sufficient to constitute a cause of action. Section 430.10(g), relied upon by Defendant is not a proper challenge to the complaint on a motion for judgment on the pl...

Excerpt: ...nd mockingly criticize Plaintiff's work performance in cleaning hand rails and telling Plaintiff to use his other arm, despite him needing to use both arms in order to perform his job. Plaintiff alleges that the harassing behavior was pervasive for three fourths of the year; however, he does not allege what conduct, other than isolated incidents, went on for that long. Further, the examples provided all relate to criticism related to job performa...

Excerpt: ...laint. 2 nd CA – Cross‐Complainant sufficiently alleges that Huynh, as the chief financial officer, had actual knowledge of the acts of the other Cross‐Defendants including that Avid and Nguyen were breaching fiduciary duties by failing to comply with the joint venture agreement, failing to refinance the loan and attempting to coerce Cross‐Complainants into reducing its interest in the joint venture in exchange for them to perform these p...

Excerpt: ...is supplied). (See also Kirkeby v. Superior Court of Orange County (2004) 33 Cal.4th 642, 648 [“A fraudulent conveyance is a transfer by the debtor of property to a third person undertaken with the intent to prevent a creditor from reaching that interest to satisfy its claim”]; Fidelity Nat. Title Ins. Co. v. Schroeder (2009) 179 Cal.App.4th 834, 841 [“A fraudulent conveyance under the UFTA involves a transfer by the debtor of property to a...

Excerpt: ...plaint (“FAC”) on July 1, 2019, against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Health Care Services), California Department of Health and Human Services (together, the “State”) and Inland Empire Health Plan (“IEHP”). Following demurrers by the State and IEHP, Plaintiffs filed the operative second amended co...

Excerpt: ... is an action for declaratory relief and injunction arising out of a contract dispute. Plaintiff filed the original complaint on February 01 2019. Based on the Proof of Service of Summons filed on February 25, 2019, (“Regions POS”), Regions Bank was purportedly served with summons and complaint via certified mail with return receipt requested, pursuant to Code Civ. Proc., §415.40. The Regions POS, on #6, indicates that the description stated...

Excerpt: ... gave directions. A proposed judgment was submitted on 7‐8‐20 but has not yet been delivered to chambers for review. Thus, no judgment has been entered. A cost bill must be filed within 15 days of the judgment. (Rules of Court, rule 3.1700.) The present cost bill is premature. However, courts considering the issue have held that a court may consider a premature cost bill and that it is timely. (Haley v. Casa Del Rey Homeowners Assn. (2007) 15...

Excerpt: ...luntary dissolution of Allen & Durrant Corp. The case arises out of the joint operation of Allen & Durrant Corp. by Plaintiff Durrant and Defendant Sipera. On 9/5/19 the court signed an order, based on the stipulation of all parties, ordering the parties to binding arbitration and staying these proceedings. However, the parties never arbitrated their claims, but rather informally attempted to resolve Plaintiff's claims. The parties entered into a...

Excerpt: ...Code of Civil Procedure section 425.16. In addition to relying on the declaration of Defendants' attorney Erika Peterson (“attorney Peterson”), the Court reviewed the legal work performed. The Court finds that the 69.6 attorney hours claimed for the preparation and prosecution the anti‐SLAPP motion is reasonable in this highly contentious case between family members. The Court reduces the attorney hourly rate from $550 to $450. Defendants a...

Excerpt: ... grants the Motion to Strike with 30 days leave to amend for punitive damages. With respect to the time to respond, if Plaintiff chooses to file a 2nd amended complaint that includes allegations necessary for punitive damages, they should communicate with defense counsel of their intention within 10 days. If Plaintiff does not seek punitive damages, then Defendants shall file their responsive pleading within 30 days after being notified. If Plain...

Excerpt: ...PROCEDURAL CONTEXT This is a foreclosure action. Plaintiffs Bruce Schnaible and Dixie Schnaible (“Plaintiffs”) allege they obtained a mortgage loan from American Home Mortgage (“AHM”) secured by a first and second deed of trust on real property located at 29263 Cool Creek Drive in Sun City for $212,000 and $53,000 respectively. (First Amended Complaint (“FAC”), ¶ 15.) In 2009, Plaintiffs applied for and obtained a loan modification (...

Excerpt: ...e number on Defendant. Plaintiff asks the court to correct his error nunc pro tunc. Nunc pro tunc orders exist to correct the court's errors, not a party's error. (See Golba v. Dick's Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251, 1265‐1266.) The court denies Plaintiff's request. Notice of entry of judgment was served April 22, 2020. During that time, the court was closed because of the COVID ‐19 pandemic. The presiding judge of this court...

Excerpt: ...eading it as a whole and all of its parts in their context. The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. However, a demurrer does not admit contentions, deductions or conclusions of fact or law. If the pleading fails to state a cause of action, the court must gr...

Excerpt: ...deficiencies. • CMO, ¶ H(3)(a)(4) –Although counsel indicates that the amount received by individual Class Members will vary, he does not provide an estimate of the range – the high and low – of possible recoveries, as required by this paragraph of the CMO. • CMO, ¶ H(3)(a)(5) – Counsel indicates that the parties engaged in informal discovery and that a Belaire notice was circulated to potential Class Members. This lacks sufficient ...

Excerpt: ... Cerullo World Evangelism (2016) 6 Cal.App.5th 1207 (promissory estoppel claim based on written promise).) The cause of action for breach of contract accrues when the contract is breached. (Romano v. Rockwell, Int'l, Inc. (1996) 14 Cal.4th 479, 488.) Plaintiff alleges Defendants breached the 2014 and 2015 Agreements by failing to pay commissions earned from October 5, 2015 to December 11, 2015, which were due and payable on January 20, 2016. (Com...

Excerpt: ...lated to the Future emotional distress damages and reduces the award for future emotional distress to $0.00. Plaintiff shall notify the Court within 15 days from the date of this order if he has accepted the conditions of the order. If he does not, the Court shall reset the matter for a Trial Setting Conference for retrial. I. Irregularities in the Proceedings National General makes several arguments as to why the Court should order a new trial b...

Excerpt: ...nference on August 10, 2020, at 8:30 A.M. Analysis: The Court does not approve the service award or general release payment to the plaintiff. The settlement agreement provides that the Arispe Class Presentative Service Award is intended to compensate Arispe “for her time and effort in prosecuting the Arispe Lawsuit on behalf of the State of California and Arispe Aggrieved Employees since filing the Lawsuit on January 17, 2018.” (Abstract, ¶�...

Excerpt: ...urt may take judicial notice of the filing and contents of a government claim, but not the truth of the claim.” (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 369 n.1.) As to the Resolution, pursuant to Evidence Code §452(b) 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.” (emphasis added.) A court may take judi...

Excerpt: ...erted three causes of action for: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. NGAC was substituted as Defendant by stipulation. A jury trial was held in November 2019. On November 22, 2019, the jury returned a verdict for Plaintiff. On March 6, 2020, the Court entered judgment in favor of Plaintiff against NGAC. Plaintiff now moves to amend the judgment to include NGIC and National Ge...

Excerpt: ...(Sierra) 151 Cal.App.3d 447, 449; Vinson v. Superior Court (1987) 43 Cal.3d 833.) Then the court must balance the right of privacy against the need for discovery. (Valley Bank of Nevada, supra, 15 Cal.3d at 657.) Plaintiffs' workers' compensation claim records are directly relevant to her lost earnings claim. In response to interrogatories, Plaintiff claimed she was unable to work from March 22, 2018, to April 19, 2019, as a result of her injurie...

Excerpt: ...54.00 $ 0 Lodging $ 4,928.77 $ 0 Mileage $ 0 $ 1,599.41 Parking $ 0 $ 253.20 Uber $ 0 $ 900.67 Messenger fees $ 0 $ 149.39 $26,502.72 Unchallenged portions of the MOC: $ 6,545.17 $33,047.89 $23,543.24 Item No. 1 (Filing and Motion Fees): As to the “Brief Declaration” ($309.75), CDCR correctly argues that the reinstatement issue was not the focus of any disputed issue in this case, and therefore, was not necessary to this litigation. While Pla...

Excerpt: ...es for inquiry or the production requests, they may seek relief either an informal discovery conference from this court or a noticed motion. The Court denies the request for sanctions. FACTUAL / PROCEDURAL CONTEXT This is an action under the Song‐Beverly Act. Plaintiff Ruben Sanchez‐Urquiza (plaintiff) alleges he purchased a new 2015 Nissan Sentra manufactured by defendant Nissan North America, Inc. (Nissan or defendant) that was defective. I...

Excerpt: ...App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonably necessary, and in a reasonable amount, “both from the standpoint of time spent and the amount charged.” (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35‐ 36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at t...

Excerpt: ...6, Plaintiff Maria Gutierrez was walking to her car near the street sidewalk in front of her residence when she tripped on a raised water meter. She contends that the water meter had lifted and the dirt around it created a hole due to root damage from a tree on city property, resulting in the water meter to shift. On 1/7/20, Plaintiffs added Defendant Stilwell Construction, Inc. as a Doe defendant. After obtaining leave of court, City filed a cro...

Excerpt: ...e entity. (Gov. C. §§905, 905.2, 945.4.) Failure to plead compliance with the claim statute subjects the complaint to a demurrer. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) Plaintiff still fails to plead this the filing of a claim. To state a cause of action against a government entity, every fact essential to the existence of statutory liability must be pled with particularity. (See Searcy v. Hemet Unified School Dis...

Excerpt: ...(CCP § 1985.3(b)‐(c), (k) and § 2020.410(d).) Defendants have not demonstrated the application of any exception to the taxpayer privilege. It covers tax returns and related documents and applies to both personal and corporate taxpayers. Meet and Confer Requirement The parties exchanged email messages regarding the general substance of the motion. Unfortunately, they were not able to reach an informal resolution. (See Hanchar Decl., ¶¶ 12‐...

Excerpt: ...dment were discovered; and, 4) the reasons why the request for amendment was not made earlier. (Cal. Rules of Court, Rule 3.1324(b).) Here, Plaintiff submitted a declaration [begins at p. 91] and a proposed FAC [begins at p. 4.]. Plaintiff's counsel, Paul Molinaro, attests that on 12/18/19 he took defendant Kristiana Joy Peters' (“Peters”) deposition and that she testified: to earning $3,000 ‐ $4,000 a month from her own retail website but,...

Excerpt: ...ill be allocated as between plaintiff and counsel), or why the PAGA penalties are being settled for $20,000. If plaintiff is intending to dismiss the class claims, court approval is required and plaintiff has not complied with CMO Section F. Additionally, while the CMO is geared predominantly towards class claims and contemplates a settlement of the class claims along with the PAGA claim rather than dismissal of the class claims, the Court notes ...

Excerpt: ...harming her son at the time the injection was being administered, but rather alleges that she was aware of the harmful effect of the excessive medication given to her son as she watched her son's “death spiral.” Nor does Plaintiff allege that the injury‐producing event was the hospital staff's negligent medical care after the administration of the medication and that she was aware her son was receiving inadequate remedial care. Plaintiff be...

Excerpt: ...nd 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 Graham, as assignee of James McBride, filed his Complaint on July 5, 2018 and named Opitz as defendant. On August 20, 2018, Opitz filed his Cross‐Complaint naming McBride and Galam as Cross‐Defendants and bringing twe...

Excerpt: ...ke the court's power to grant writ relief. (Synergy Project Mgmt., Inc. v. City & County of San Francisco (2019) 33 Cal.App.5th 21, 30.) Under Code Civ. Proc., §1086, a petition warrants writ relief only if brought by a “party beneficially interested” when there is no plain, speedy, and adequate remedy in the ordinary course of law. (Id.) A petitioner is “beneficially interested” in the issuance of a writ of administrative mandamus when ...

Excerpt: ...o the 1st and 2nd causes of action only; 2) add Sonia Angell in her official capacity as Director of the California State Department of Health; 3) to fix any clerical errors. State Defendants' request for judicial notice. Granted pursuant to Evidence Code Section 452(d). Procedural history regarding this motion is noted that on 1‐23‐20, the court sustained State Defendants' demurrer to the First Amended Complaint (FAC) with leave to amend as ...

Excerpt: ...s they are immaterial to resolution of this motion. The motion for attorney's fees is GRANTED IN THE REDUCED AMOUNT OF $70,335. The Court declines to rule on the request for costs as there is a motion to tax set for August 10, 2020. The matter of reasonableness of a party's attorney fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Fee motions should be based on detailed ...

Excerpt: ...ieves that the employee disclosed or may Page 3 of 4 disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that th...

Excerpt: ...position in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Preliminary Injunction to the Court within 5 days. (Cal. Rules of Court, Rule 3.1150.) Plaintiff demonstrated a reasonable probability of prevailing on some of his claims. A. Negligence Plaintiff may succeed on a claim for negligence. As a general rule, a financial institution owes no duty of care to a borrower ...

Excerpt: ... does not take issue with Fitch's discovery responses concerning the issue of jurisdiction. Yet, Plaintiff intends on obtaining discovery responses from all Defendants concerning the issue of jurisdiction before determining whether Fitch had minimum contacts in California. However, Fitch is the best source of information concerning his connections, if any, with California. Plaintiff does not explain what discovery he could obtain from the remaini...

Excerpt: ...iff blamed Defendant Thompson's conduct for her subsequent pregnancy (by another person). This question necessarily involves sexual conduct under Code of Civil Procedure section 2017.220. Counsel's explanatory remarks after the question make clear that counsel wanted to know whether Plaintiff blames Defendant Thompson for dangerous sexual activities and pregnancy. Plaintiff's cousin's and aunt's identities (69:4‐71:1, 74:8‐75:3, 107:15‐109:...

Excerpt: ...nerally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. Absent an applicable statute, the law does not require one to act as a “Good Samaritan.” (Regents of Univ. of Calif. v. Sup. Ct. (Rosen)(2018) 4 Cal.5th 607, 663‐664.) However, the law does impose a legal duty to affirmatively act to protect someone else from danger or to control the conduct of a third person if there is a “sp...

Excerpt: ...urt will begin by reciting the core facts and procedural history of this litigation. On or about September 26, 2019, counsel for petitioner “Save Rancho Mirage” sent a letter to respondent City of Rancho Mirage raising concerns, including environmentally‐related concerns, about a proposed “In‐N‐Out Burger” restaurant (hereafter “the Project”) to be built in the Rancho Las Palmas Shopping Center in Rancho Mirage. According to the...

Excerpt: ...ntiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A court considering a demurrer must assume the truth of all facts properly pled, fac...

Excerpt: ... is a premises liability/personal injury case. Plaintiff Patricia Pelton (“Plaintiff”) was employed by Defendant CI Security Services, Inc. (“CISS”) as a security guard for Defendant Empire Polo Club (“Empire”), which was managed by Defendant Haagen Company LLC (“Haagen”). On September 23, 2016, as Plaintiff was closing a heavy security gate, the gate fell on her causing serious injuries, although the extent of the damage was cont...

Excerpt: ...CL violation, and 9) PAGA penalties. Only the 9th cause of action for PAGA penalties is brought in a representative capacity on behalf of current and former employees of Defendant RMC Construction. Plaintiff seeks court approval of his PAGA settlement. The terms of the settlement are as follows: Defendant to pay a total of $102,500 to settle both Plaintiff's individual claims and the PAGA claim. These sums to be distributed as follows: $ 6,000 Cl...

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

Excerpt: ...cted class and CDCR's actions, instead focusing on the officer's conduct as the discriminatory action. For Whistleblower Retaliation, Plaintiff has failed to exhaust administrative remedies since her pre‐litigation claim does not apprise CDCR of CDCR's alleged unlawful actions. For Harassment and Failure to Prevent Harassment, there are no allegations that CDCR knew or should have known about the harassment, and since the underlying claim fails...

Excerpt: ...o discuss whether they would be willing to stipulate to agree that the issue of whether the guaranty was signed by the defendant may be bifurcated and tried to the court without a jury. Analysis: The plaintiff's request for judicial notice of public records is relevant to issue of the signatures used by the defendant. The evidentiary objections on the ground of hearsay are sustained to the extent the declarant relies upon the contents of the plai...