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...

Excerpt: ...aws regarding fair and affordable housing. After negotiations the parties entered into a stipulated settlement, wherein Petitioners assert they achieved nearly all of the relief sought in their petition, including a judgment ordering the City to adopt a Fifth Cycle Housing Element regarding zoning and the General Plan to accommodate lower‐income housing and to engage in robust public participation efforts when it adopts a four‐year revision t...

Excerpt: ...the motion to strike the demand for attorney fees for reasons detailed below. FACTUAL / PROCEDURAL CONTEXT Plaintiffs Charles Dale Sacks and Debra Jean Sacks (“Plaintiffs”) filed the complaint in this action on December 4, 2019, and, following a previous motion to strike, the operative first amended complaint (“FAC”) on March 5, 2020, against defendants Margaret McCoy (“McCoy”), Jennifer Pacheco (“Pacheco”), Coldwell Banker Associ...

Excerpt: ...allegations because the facts of that case bear no similarity whatsoever to the facts alleged here. While the facts in Taylor v. Superior Court of Los Angeles County (1979) 24 Cal.3d 890 are closer, since they both involve a traffic accident in which the plaintiff was allegedly injured, the similarity ends there. The Taylor court held "that the act of operating a motor vehicle while intoxicated may constitute an act of 'malice' under [Civil Code]...

Excerpt: ...d shuttle driver, and termination by Defendant Marriott Resorts Hospitality Corporation (MRHC). The gravamen of Plaintiff's complaint is that he was passed over for a promotion because of his age and harassed, retaliated against and ultimately terminated for complaining about the alleged discrimination and wage theft by another employee. Plaintiff began his employment MHRC on September 21, 2015. In 2017 he filed an action for age discrimination a...

Excerpt: ...days. If the parties cannot agree on a referee during that time, within 48 hours Plaintiff shall choose three different referees and Defendant shall choose from those three within 48 hours. If Defendant fails to select a referee, Plaintiff shall be permitted to select the referee. The Court shall order that the referee, when selected, shall prepare a report to the Court per CCP § 873.730 et seq. The report shall be returnable to the Court no lat...

Excerpt: ...agent for service of process in California, alone, does not create an independent basis for jurisdiction and is not a submission to personal jurisdiction. Although service of summons may be made on the designated agent, the action cannot be maintained against a foreign corporation absent “minimum contacts” with California either by establishing general or specific jurisdiction. (Gray Line Tours of Southern Nevada v. Reynolds Electrical & Engi...

Excerpt: ...f personal jurisdiction. Defendant seeks attorneys' fees pursuant to Nevada Revised Statute 18.010(2)(a). Assuming that Nevada law applies, this section is not a basis for awarding fees to Defendant. This section provides as follows: 1. The compensation of an attorney and counselor for his or her services is governed by agreement, express or implied, which is not restrained by law. 2. In addition to the cases where an allowance is authorized by s...

Excerpt: ...62, 1066.) Demurring party argues that the Cross‐Complaint is insufficiently pleaded in that it does not establish that Cross‐Defendant Peters exerted dominion or ownership over the property in question and that Culverson could have retrieved his property. The Court rejects these arguments. The Cross‐Complaint sufficiently pleads all elements of conversion, and alleges that Peters entered the home Culverson was renting from Peters, and the ...

Excerpt: ...iety of specified unfair or deceptive acts “in a transaction intended to result or which results in the sale or lease of goods or services to any consumer.” The purpose of the CLRA is to protect consumers against these acts and “to provide efficient and economical procedures to secure such protection.” (Civil Code § 1760; Consumer Advocates v. Echostar Satellite Corp. (2003) 113 Cal. App. 4th 1351; Wang v. Massey Chevrolet (2002) 97 Cal....

Excerpt: ...gainst Sunset Recycling Center (“Sunset Recycling”) and Artashes Balyan (“Balyan). Balyan is alleged to be the owner of Sunset Recycling. The complaint sets forth causes of action for (1) Nuisance Abatement and (2) Crimes Against the Public Health and Safety. The City alleges that Sunset Recycling, alleged to be a “non‐ essential” business, defied state and county orders requiring it to remain closed during the COVID‐19 pandemic (th...

Excerpt: ...ate him, denying Plaintiff's requests for meetings, refusing to provide feedback, and refusal to engage in any interactive process. (FAC ¶ 21‐29 and 43‐57.) However, these allegations do not rise to the level of fraud, malice or oppression necessary to plead a claim for punitive damages. Generally, claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. ...

Excerpt: ...er 22, 2020, at 8:30 am in D‐3. FACTUAL / PROCEDURAL CONTEXT Plaintiff Doug Malousis (“Plaintiff”) owned 33% interest in Defendant Cullen, Malousis & Fowlkes, LLC (“CMF”). The remaining interest was owned by Defendant Richard Cullen and Defendant Michael Fowlkes. In June 2019, Defendants Cullen and Fowlkes decided to transfer interests and assets in CMF to Defendant KORE in exchange for shares of KORE. Plaintiff did not support the tran...

Excerpt: ...ss‐Complainants Padilla and MJP are entirely or partially liable for Plaintiff's injuries in this action. As written, however, the requests are overbroad and are modified as stated here. Based on the declaration provides by counsel for Quilo, the Court finds good cause under CCP § 473(b) to relieve Quilo of the error in late filing. The records and results of blood tests taken from a person clearly constitute privacy‐protected medical record...

Excerpt: ...erior Court (1967) 65 Cal.2d 583, 588.) To effectively prepare for trial on the issue of damages the County has established good cause and is entitled to depose Plaintiff on issues of damages. There is no dispute that Plaintiff's former attorneys filed the request for dismissal. By seeking to amend to add those dismissed Defendants, Plaintiff has placed his former lawyers' decision to file the request for dismissal directly at issue. Only Plainti...

Excerpt: ...and Other Tangible Items, Set One (“DFP”) No. 9, within 20 days. Monetary sanctions in the amount of $1,125.00 (4.5 hours @ $230.00, plus $90.00 filing/court reporter fee) are imposed against Plaintiff. The sanctions shall be paid to defendant William Reyes, through his attorney of record, within 30 days. The Court will complete, file, and serve the proposed order submitted by Defendants. Additionally, the Court invites the parties to file a ...

Excerpt: ...cers believed that Plaintiff was driving under the influence of a controlled substance or alcohol. Plaintiff contends that he informed the officers that took medication due to a compression fracture in his spine. Plaintiff asserts that when a field sobriety test was performed, there was no indication or evidence that Plaintiff was under the influence of alcohol or any other controlled substance. Despite this, Chavez exceeded his authority and arr...

Excerpt: ...ject to a mortgage dated May 16, 2006 recorded as Instrument Number 2006‐0367032 in Riverside County. Plaintiffs assert based on information and believe that the mortgage has been paid in full and that Plaintiffs have demanded payoff information from the title holder of the mortgage in order to tender payment, but “that mortgage holder admits that it finds no loan due standing in the name of Plaintiffs.” This mortgage continues to be a clou...

Excerpt: ...motion is denied. This request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 3 – the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 4 ‐ the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 5 ‐ the motion is denied. The request is overbroad and is not tailored to the specific c...

Excerpt: ...ntiff must seek leave of court by way of motion or stipulation prior to adding new causes of action and/or defendants. FACTUAL / PROCEDURAL CONTEXT Plaintiff Steve Smith (“Plaintiff”) and Defendant John Suhr (“John”) formed Defendant JS Technologies, Inc. (“JST”) in 1997. Plaintiff oversaw business operations while John was in charge of designing and managing production of guitars produced by the JST. Currently, Plaintiff and Surh eac...

Excerpt: ...emurrer was unsupported by argument or authority. The court grants Defendants' request for judicial notice of recorded documents, but the judicially noticeable facts are not dispositive here. The fact that Defendant Price Manufacturing is not the record title owner does not prove, for pleading purposes, that Price Manufacturing lacks an ownership interest in the property. For the first cause of action, Plaintiffs fail to allege a breach of contra...

Excerpt: .... Plaintiff alleges that Hernandez and Langston met and engaged Robert Hollingsworth, an employee of Plaintiff, to perform the work on the home as a side job which was not to be disclosed to Plaintiff. Plaintiff contends that Hollingsworth, with the knowledge of all Defendants, used Plaintiff's employees, materials, equipment and credit cards to perform the work without the knowledge of Plaintiff. The Complaint alleges that upon Plaintiff's disco...

Excerpt: ...ntal units on the subject property. The settlement terms were stated on the record by plaintiff's counsel. Defendants' counsel was asked if there were any terms that needed to be added to what had been recited by plaintiff's counsel. The record indicates that he responded in the affirmative, and he described certain items. Following the statement of terms by counsel for both sides, Judge Tranbarger informed Defendants that if they agreed to the t...

Excerpt: ...418, subdivision (e)(3), so the Court considers this request on the motion of Defendant Smith. “The doctrine of forum non conveniens is rooted in equity. It allows a court to decline to exercise its jurisdiction over a case when it determines that the case ‘may be more appropriately and justly tried elsewhere.' [Citation.] The Legislature endorsed the application of this principle by enacting section 410.30, which states, in subdivision (a), ...

Excerpt: ...��), who is alleged to have been intoxicated and driving a company pickup truck. Plaintiff filed the first action, Long v. McCarty et al. (RIC 1720939) (the “Prior Action”), on November 11, 2017, against McCarty and his employer, Digital Networks Group (“DNG”). McCarty was dismissed from the action without prejudice on May 25, 2018, and the action proceeded against DNG. The Court notes that no request for dismissal was actually filed in t...

Excerpt: ...ehicle while intoxicated may, in appropriate circumstances, evidence a conscious disregard of probable injury to others and be sufficient to warrant an award of punitive damages. Id. at 891. The Supreme Court recognized the pervasive risk in operating a motor vehicle while intoxicated because it combines “sharply impaired physical and mental faculties with a vehicle capable of great force and speed, [which] reasonably may be held to exhibit a c...

Excerpt: ...agreement among other issues, and in response, the City Manager, Darrell Talbert, displayed Plaintiff's private tax information on an overhead screen visible to the public and pointed out that Plaintiff owed the City sales taxes. When Plaintiff addressed the Council on another issue concerning co‐mingling of enterprise and general fund monies among other issues, Talbert told Plaintiff to pay his tax bill. On another agenda item, Plaintiff did n...

Excerpt: ...mpted remediation but failed to remedy the issues. (Complaint ¶ 15‐16.) Although the Complaint asserts Defendant's conduct was fraudulent, there are no specific factual allegations that demonstrate fraud on the part of Defendant. However, there may be additional facts which can be alleged sufficient to support a claim for punitive damages. Claims for punitive damages must be pleaded with particularity as to the facts constituting the alleged e...

Excerpt: ...e income for golf course operations. The Receiver's Opening Inventory and Takeover Report was filed on 5‐7‐20. At paragraph 8, page 2, lines 24 to 26 he states: “Receiver was able to obtain the balance of the operating account related to the Golf Course Property and is currently assessing the ability to operate the Golf Course Property in the coming months. As required by Riverside County, the golf course is currently closed.” The Receive...

Excerpt: ...n. (Code Civ. Proc., § 2025.450, subd. (b)(2).) Such a declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (§ 2016.040.) Here, the moving parties relied entirely on letters and emails. (Decl. of Mazzo, ¶¶ 5‐11; decl. of Anguiano, ¶¶ 3‐9.) An exchange of written communications is not a meeting, and does not constitute a reasonable or good‐faith ...

Excerpt: ... School District (District) assert claims for, among others, discrimination, harassment, retaliation, constructive termination and negligent hiring, supervision and retention against, among others, the District and numerous District administrators and employees and the County of Riverside (County). Plaintiffs' allegations all concern actions taken after the hiring of former District superintendent Defendant Charles Bush in August 2016 (who recent...

Excerpt: ... for agricultural uses be reduced from 75% to 70%. The Court is inclined to approve that proposal. However, in the effort to eliminate the differential between M&I and agricultural producers, should the rampdown on agricultural producers be greater than 5% (so long as it is less than 5% for the sub‐area as a whole)? Phrased differently, to achieve a 5% rampdown in the Alto FPA as a whole while keeping the FPA for M&I constant at 55% of BAP, wha...

Excerpt: ... opposition persuasive in connection with what should be considered as reasonable attorney fees regarding the facts and circumstances surrounding this petition. An example some of the unreasonable claimed fees include 129 claimed hours drafting the opening brief; 78 hours drafting a reply brief and 59.30 hours claimed for the motion for attorney fees is unreasonable. Petitioners Nadine Garcia, James Marmor and Helen O'Neill‐Pottery are low inco...

Excerpt: ...nference on July 21, 2020, at 8:30 A.M. Analysis: The Court does not approve the service award to the plaintiff. The Court's CMO#2 requires the party seeking a service award in a PAGA case to provide authority for such a distribution. (Id., § E.8.) Despite the Court pointing out this omission at the first hearing on the motion, it appears that there is still no citation to any such authority from an appellate opinion in a PAGA case. Although the...

Excerpt: ...ave an outstanding balance of $112,619.47. Plaintiff filed this action on 7/3/19, and filed the First Amended Complaint (FAC) as a matter of right on 8/1/19. The FAC asserts: (1) breach of contract; (2) open book account; (3) recovery on release of mechanic's lien; (4) account stated; (5) quantum valebant; (6) guaranty; and (7) recovery on contractor's license bond. SR Construction seeks to intervene as a defendant in intervention as it has an in...

Excerpt: ...ctivity 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 petition rights as defined in Code of Civil Procedure, section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330.) Once...

Excerpt: ...e 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 25, 2019, and the First Amended Complaint on February 18, 2020, alleging elder abuse (neglect) and negligence. P...

Excerpt: ...ts is granted in part and denied in part. It is granted to the extent that it seeks a determination that Federal is the prevailing party on the action on the payment bond. It is denied to the extent that it seeks an award of costs of suit and attorney's fees. Analysis: Cell‐Crete sued Federal and Granite. Granite sued Cell‐Crete. The two actions were consolidated. Cell‐Crete's action was stayed while Granite's action was submitted to arbitr...

Excerpt: ...n indispensable party. (Code Civ. Proc. § 389(a).) The demurrer to the wrongful foreclosure action is sustained as Plaintiffs did not provide tender. The demurrer on judicial estoppel grounds is denied. Request for Judicial Notice is granted as to no. 1 pursuant to Evidence Code, § 452 (c), (h). Granted as to No. 2 to 9 pursuant to Evidence Code § 452(d), and as to nos. 3, 5, 7, and 9 notice is only as to the filing of the documents. As to the...

Excerpt: ...nies and one named company (Dart Container Corporation) and its owners (including but not limited to Kenneth B. Dart and Robert C. Dart). The release should be limited to the Defendant together with its officers, directors, employees, and agents, successors and assigns. If any other parties are sought to be released, the motion and Settlement should explain the facts that justify their inclusion. • The Settlement contemplates using Simpluris, I...

Excerpt: ...ced the requested hourly rate of Attorney Mikhov to $250.00 per hour for review; Attorney Wirtz to $550.00 per hour as trial counsel; Attorney Underwood to $300.00 per hour and paralegal billing to $135.00 per hour. This is a Song‐Beverly lemon law case that resulted in a jury verdict in Plaintiff's favor on 10/9/19. Plaintiffs now move for $277,542.50 in attorney's fees plus a “lodestar” enhancement of 1.5 in the amount of $138,771.25 for ...

Excerpt: ... be either general taxes or special taxes.” (Cal. Const., art. XIII C, § 2, subd. (a).) Local governments may not impose, increase or extend (a) any general tax unless it has been approved by a majority vote at a general election, or (b) any special tax, unless it has been approved by a two‐thirds vote of the electorate. (Id., subd. (b) & (d).) Proposition 218 did not define “tax.” That omission was cured when article XIII C, section 1, ...

Excerpt: ...st supplemental briefing which should address the impact of HCD's approval authority on the parties' settlement agreement and this court's authority to order City to do something contrary to HCD's explicit directions and the impact of the pandemic on the strict enforcement of the settlement agreement. This is a writ of mandamus case filed on 12/3/18 where petitioners seek to require the City of Desert Hot Springs and the Desert Hot Springs Housin...

Excerpt: ...des: If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the...

Excerpt: ...nd it is speculative and improper opinion; Page 3, Line 26, Paragraph 16. “Secondly, grading requires a separate permit from the City of Riverside.” Objection is overruled; Page 3‐4, line 27, paragraph 16 Objection is sustained as it contains hearsay and lacks authentication. Page 4, Line 5, paragraph 17, the objection is sustained as the statement is hearsay. Plaintiff's request for judicial notice is granted. Defendant 3591 Tyco, LLC's re...

Excerpt: ...ertz Vehicles, LLC and was operated 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. No declarations were submitted in support of the motion. Defendants Valia and Charles Devitis op...

Excerpt: ...rved for ruling pending the hearing as to nos. 25, 26, 27, 28, there is no tentative as below are questions for SPM to answer at the hearing. Granted as all other numbers. The names, addresses, and social security numbers belonging to third parties are to be redacted to the items produced as to nos. 29, 31, 32, Self Performance Mechanical, Inc. (SPM) is ordered to provide further responses and produce the documents within 60 days of the date of t...

Excerpt: ...e damages claim. Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. C.C. §3294 provides that exemplary damages are allowable where the defendant is guilty of malice, oppression or fraud. After the 1987 amendments, “malice” was redefined and now “means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and cons...

Excerpt: ...of harms weighed in favor of the County. Defendant Keniston personally appeared Pro Per at the TRO hearing. The Court granted him the opportunity to file an opposition to the OSC by March 13, 2020. Although the Court did not receive an opposition to the OSC, Defendant Keniston filed a verified answer on March 13, 2020 stating that the County has “manufactured this action as a pretext to either take the Property from Plaintiff (sic., it is assum...

Excerpt: ... parents executed their wills and made the wills part of the trust. Collectively plaintiff refers to the Jackson Family Trust dated January 7, 1999 and his parents' wills as the Jackson Family Estate. Plaintiff alleges that Trust A was a revocable trust naming his mother Sandra Jackson as the trustee and beneficiary in the event Fred passed away first. Plaintiff asserts that Trust A becomes irrevocable upon the death of Plaintiff's mother. Plaint...

Excerpt: ...ict finding that Defendant Staff Pro was negligent, but that Staff Pro's negligence was not a substantial factor in causing Plaintiff harm. Plaintiff has moved for a new trial and a JNOV alleging errors of law with respect to the admission of defense causation expert Ken Martin's testimony. For the reasons stated below, the Court denies both motions. Motion for New Trial A judge may grant a new trial based on an error in law that occurred at the ...

Excerpt: ...reement to arbitrate, a nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligations imposed by the agreement containing the arbitration clause. In other words, allegations of substantially interdependent and concerted misconduct by signatories and nonsignatories, standing alone, are not enough: the allegations of interdependent misconduct must be founded in or int...

Excerpt: ...e police or causing the police to be called were false or reckless statements that did not accord with the facts. Mr. Rivera's credibility was put in issue on several accounts. However, the court finds that the future non‐economic damages award of $250,000 is wholly speculative and the result of passion. It lacks any degree of certainty because we are several years past the incident and Mr. Davis has regained his right to bear a gun and he migh...

Excerpt: ...ng the PAGA claims is also somewhat vague as counsel does not define the PAGA period or number of employees employed during the period. Although Class Counsel indicates that Defendants are unlikely to be able to pay a greater amount, he does not describe Defendants' financial condition. The extent of discovery is also not clear since Counsel does not indicate the size of the sample used to calculate the potential recovery. Amount of the GSA appea...

Excerpt: ...e filed and served no later than April 10, 2020. The demurrers of all defendants are overruled as to the fourth, fifth, sixth, and seventh causes of action. If the plaintiffs amend and the defendants demur to that first amended complaint, any such demur shall omit: (1) any reference to the applications for a temporary restraining order or a preliminary injunction; (2) any reference to any document filed in support of or in opposition to either of...

Excerpt: ...s: 1) to compel CDCR to follow CCR Title 15, Sections 3006, and 3130 through 3147 when processing Petitioner's incoming mail, and 2) either handover the 5 confiscated photos or reimburse him the cost for the photos. CDCR's demurrer is based on two grounds: 1) petition fails to identify a ministerial duty that respondent has refused to perform, citing Keyes v. Bowen (2010 189 Cal.App.4th 647, 656‐657, and 2) that Petitioner has an adequate remed...

Excerpt: ...artinez, Luis Robles, Justin Tamashiro and George Atilano alleged that they enrolled in Defendant California Baptist University's Aviation Flight program. Plaintiffs allege that the program is designed for students who want to become commercial airline pilots. The 2016‐2017 and 2017‐2018 catalogs indicates that students with no flight experience will receive six FAA credentials, and 200‐250 flight hours (2016‐2017) and 250‐300 flights h...

Excerpt: ..., 149 Cal.App.4th at p. 180.) However, the plaintiff “may try to show it actually dismissed because it had substantially achieved its goals through a settlement or other means.” (Ibid. [citing Coltrain v. Shewalter (1998) 66 Cal.App.4th 94, 107].) Plaintiffs contend their objective in the litigation was to have a vehicle that they could legally operate with proper registration. (P's Motion 7:14‐16.) They contend they achieved their litigati...

Excerpt: ...ce to determine whether sanctions are appropriate. The evidence demonstrates that attorney Hrouda previously represented Michael Gonzalez. According to the judicially noticed documents from Exhibit 1 of the motion, Mr. Hrouda, per the declaration of Mr. Gonzalez, abandoned his client, which caused unnecessary delay to the Gomez litigants. CCP section 128.5(a) states that “trial court may order a party, the party's attorney, or both, to pay the ...

Excerpt: ... two‐seat go kart driven by Rebeca Perez, a minor. The motion is based upon the grounds that FFP do not owe Geller a duty of care. There is triable issue of fact whether FFP increased the risks inherent in go karting. There is no duty to decrease or minimize the risks inherent in the activity. (Balthazor v. Little League Baseball (1998) 62 Cal.App.4th 47, 52.) Under California law, the primary assumption of risk doctrine clearly states that the...

Excerpt: ...ostro Medina, Mirna Rivas and Terry McQueen. Additionally, defendant moves for an order severing or staying this action as to the remaining 9 plaintiffs. Defendant's motion is made on the grounds that the long‐term rental agreements entered into by 28 plaintiffs (identified in the first two groups of residents set forth above) contain provisions Page 4 of 9 which require the parties to mediate and if unsuccessful to arbitrate all disputes relat...

Excerpt: ... the sale for 30 years at 4.00% interest with monthly payments of $3,193.66. He also agreed to complete a lot line adjustment to merge two lots comprising the property that the Mitchells were buying from Vaverka. The Mitchells contend after two years of making payments under the written purchase agreement, Vaverka failed to complete the lot line adjustment and unilaterally treated the purchase agreement as a rental agreement and served a 60‐day...

Excerpt: ...onal Law Corporation fraudulently induced Plaintiff to loan Defendants $200,000. The motion is based upon the grounds that San Diego County is the proper county for venue. Michael W. Quade is a resident of San Diego County. There is no dispute that this is a transitory action. For venue purposes, actions are classified as “local” or “transitory.” To determine whether an action is local or transitory, the court looks to the “main relief�...

Excerpt: ...ntiff's Additional Material Fact number 20. Angel Catering contends that they are not liable for negligence because Plaintiffs cannot establish it is more likely than not that their driver was responsible for the spill. They contend Inland Grace's trash is brought in and out of the same door where the food is delivered and the spill could have come from the trash. (PSS 6.) The parties agree Inland Grace's trash is brought out of the same door whe...

Excerpt: ...‐for causation, Plaintiffs have controverted that burden by showing that a genuine triable issue of one or more material facts exist. The Court grants Defendants' Request for Judicial Notice Exhs. 1‐2 to the extent these records exist as part of the court record or file, and should not accept as true matters which are considered inadmissible hearsay or that which are not indisputably true. The Court denies the request to take judicial notice ...

Excerpt: ...wish to burden the court.” Aside from the obvious impropriety of withholding all of the supposedly new evidence from the Court and opposing party so that it could be put forward in “a supplement prior to the hearing date,” and then including other portions only in the reply and not in the motion itself to eliminate the opposing party's ability to respond, the Court finds that: (1) the evidence was not “newly” discovered; (2) Yann was no...

Excerpt: ...on, M.D. (“Dr. Jackson”), State of California (erroneously sued as “State of California, Department of Health Care Services” and “California Department of Health and Human Services”) (the “State”) and Inland Empire Health Plan (“IEHP”). Plaintiffs Michael Franchini (“Franchini”) and Kelsey Garcia (“Garcia”) (together, “Plaintiffs”) are the parents of the decedent child, Natalie Franchini (“Natalie”), who was bo...

Excerpt: ...uments are not limited just to investments or transactions related to the $100K Note but seek the entirety of Empire's financial records over several years. Plaintiff has provided no particularized need for needing the entirety of Defendant's financial records. Further, as to the requests for production of documents, Plaintiff has not shown that he has utilized or even considered less intrusive means to obtain the information. Finally, the specia...

Excerpt: ...��5; Duale v. MercedesBenz USA, LLC (2007) 148 Cal.App.4th 718, 729; Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 1004, 1010.) While it is true that there is and was no dispute regarding the purchase price of the subject vehicle, several questions remained for the jury to resolve. As in Warren and Duale, whether any alleged defects represented nonconformity under the Act and if so, the extent they substantially impaired the use, value or...

Excerpt: ... both injured. Plaintiffs also allege there was a dangerous condition of property at the intersection because the stop sign was obstructed by a large tree. Plaintiffs filed their Complaint on 9/28/18, which was amended most recently on 9/13/19, and alleges four causes of action: 1) negligence; 2) negligence per se; 3) general negligence; and, 4) dangerous condition of public property. Defendant/Cross‐Complainant, Hammock, filed a Cross‐Compla...

Excerpt: ...rity on 2/7/20, which is discussed below. On 2/18/20, plaintiffs filed their sur‐ reply analyzing the authorities cited by Columbia at the hearing and in the three notices of new authority Columbia had filed after its opposition was filed. Generally, plaintiffs argue in their objection filed on 2/7/20, and in their sur‐reply filed on 2/20/20, that the authorities cited either are not new authority, the decisions are distinguishable on the fac...

Excerpt: ...ence of the Court. Shortly thereafter, Plaintiff and counsel for Defendant Enterprise Rent‐A‐Car appeared before the Court again. The hearing was continued to permit Plaintiff and counsel for Defendant to meet and confer. Apparently, the efforts to meet and confer, if any, were unsuccessful. The motion is DENIED. Plaintiff failed to meet his burden showing the costs claimed were unreasonable or unnecessary to the conduct of litigation. Defend...

Excerpt: ...ied Defendant's MSJ. There is no dispute that Plaintiff intended to send to the arbitrator and to the Defendant. However, Plaintiff mistakenly sent the email not to the Defendant but to a former client with the same first name as Defendant's counsel, Juan. That email is as follows: Mr. Newell, We all agreed at the MSJ hearing that defendants would go first. This agreement became muddled with Juan's emails to your query so I'm not sure where we st...

Excerpt: ...act that Cross‐Defendants Tatum come to court with unclean hands and are therefore barred from asserting a lien on the subject property. “[W]here the plaintiff has moved for summary judgment, or, as in this case, summary adjudication – that party has the burden of showing there is no defense to a cause of action. That burden can be met if the plaintiff ‘has proved each element of the cause of action entitling the party to judgment on that...

Excerpt: ...lson v. Specialty Records, Inc. (1970) 11 Cal. App. 3d 126), “it is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal. App. 3d 1045, 1048; see also Atkinson v. Elk Corp. (2003) 109 Cal. App. 4th 739, 761.) Prejudice exists where the amendment would require delaying the trial, resulting in loss of critical evidence or add...

Excerpt: ...n of pleading certain affirmative defenses, Plaintiff cannot prevail on a Motion for JOP on the ground the answer states no defense to the action, because some defenses are sufficiently raised through a general denials. For example, certain affirmative defenses to a contract action are considered new matter, hence they are required to be specifically pled, i.e. affirmative defenses on which defendant bears the burden of proof and pleading (See 1 ...

Excerpt: ...rez filed 1‐30‐ 20? • Why is the administrator's estimate based on a “class size” of 2166 (Exh B to declaration of administrator) when the number of aggrieved employees is no more than 1,500? • If the defendants' total assets are only $3.5 million, as represented by both Perez and Pike, what is the source of the $6.6 million gross settlement amount? Page 3 of 3 • What was the basis for the parties' allocation of the gross settlement...

Excerpt: ...action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent...

Excerpt: ...ter 13 case to a Chapter 7. (RJN, Exh. 3.) Subsequently, on January 22, 2019, an Assignment of Deed of Trust was recorded where Cardinal assigned the beneficial interest in the Deed of Trust to PennyMac Loan Services, LLC. (FAC, ¶ 25; Exh. G.) attached thereto. On February 25, 2019, PennyMac filed a Motion for Relief from Automatic Stay. (RJN, Exh. 4.). On March 28, 2019, the bankruptcy Court entered an Order granting PennyMac relief from stay t...

Excerpt: ...egal cause of the resulting injury.” (Bellah v. Greenson (1978) 81 Cal.App.3d 614, 619.) Ordinary negligence may be alleged in general terms without specific facts showing how the injury occurred. (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527.) On the other hand, a plaintiff may not have a bare statement that the defendant's negligence caused injury. (Ibid.) The existence of a duty is a question of law for the court. (Kentucky Fried Chicken...

Excerpt: ...h 7th causes of action (note: Complaint has two 4 th causes of action, so the second is referred to as the 5th cause of action and the 5th and 6th restated here as the 6th and 7th causes of action to address this error) in Plaintiff Bikram Yoga Plus Palm Springs, LLC's Complaint on the grounds they fail to state sufficient facts to constitute a cause of action. The Complaint alleges in pertinent part as follows: • The original leasehold was hel...

Excerpt: ...the Costco Store located at 12700 Day St. in Moreno Valley. (Complaint, ¶ 9.) Plaintiff alleges that on June 9, 2018, while shopping at the Moreno Valley Costco, she stepped onto a wooden pallet located inside of a walk‐in cooler in order to reach a box containing two gallons of milk. (Id., ¶ 11.) As she removed the box, the pallet broke, and Plaintiff's left foot was caught within the pallet causing her to fall and sustain serious injuries. ...

Excerpt: ...t and Arbitration, (Second Agreement. Defendant seeks to compel arbitration pursuant to both agreements. “[W]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 prerequi...

Excerpt: ...purchased a new 2016 RAM 2500 that contained multiple defects. On 5/3/19, Plaintiff filed his complaint for (1) breach of implied warranty (Song‐Beverly); (2) breach of express warranty (Song‐Beverly); and (3) negligent repair. Trial is set for 7/31/20. Moving Papers: Plaintiff moves to compel the deposition of Defendant's PMQ because Defendant has refused to produce a PMQ. He argues Defendant's objections to the deposition notice are imprope...

Excerpt: ... was a Patient Admitting Specialist from April 2018 to December 2018. (Compl. ¶8.) While the parties in both actions worked at the same facility, it is not clear that they had the same general job duties. While Lopez and Montano may potentially be members of the class alleged in Williams at some point, no class has been certified and there is no indication as to when any class may be certified. In fact, Williams was only filed approximately a mo...

Excerpt: ...'s fees. Request 3: 1st, 2nd, 3rd and 7th causes of action. Request 4: Request for injunctive relief. C.C.P. §436(a) provides that a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255. The same liberal policy r...

Excerpt: ...antiated or allowable under CCP §1033.5(b); not reasonably necessary to the conduct of the litigation in violation of CCP §1033.5(c)(2); not reasonable in amount in violation of CCP §1033.5(c)(3), and not reasonably incurred in violation of Civ. Code §1794(d)(6). FACTS: Defendant moves to strike the following: 1) $90 filing fee; 2) $7,848.14 in deposition costs, or at a minimum $869.49; 3) $1,539.95 in service of process fees, or at a minimum...

Excerpt: ... Plaintiff agrees terminating sanctions are no longer appropriate given that Atta served responses to Plaintiff's Form Interrogatories. Plaintiff withdraws their request for terminating sanctions. (Plaintiff's Reply.) Monetary Sanctions: If a party fails to obey prior court orders, the court may order monetary sanctions against the disobeying party. (CCP §§ 2023.030(a); 2030.300(e).) The court has broad discretion in imposing discovery sanction...

Excerpt: ... hearsay allegations contained in those exhibits. Court grants Request for Judicial Notice Exhibits 5, 9, and 12‐13. Court grants Plaintiffs' Request for Judicial Notice Exhibits A‐D and M, to the extent these records exist as part of the court record or file, but does not accept as true the content of hearsay allegations contained in those exhibits. Court grants Plaintiffs' Request for Judicial Notice Exhibits E through L. Page 2 of 3 As to ...

Excerpt: ...Plaintiff's true identity, correct tax returns and payroll information. (FAC, ¶38.) However, Plaintiff also alleges that NFCU was provided false tax, banking and payroll records. (FAC, ¶30.) She does not indicate any conduct from which this agreement to use other information can be implied. This cause of action appears to be based on Plaintiff's assumption or understanding that a credit union should do something to ensure that accurate informat...

Excerpt: ...e a cause of action, and that Plaintiffs are not entitled to bring this action because they have failed to comply with Code of Civil Procedure section 377.32. The Court rejects these arguments. Plaintiffs allege that they are the decedent's only heirs and that Page 3 of 3 they take through intestate succession. (FAC ¶ 3.) They also allege that “[a]t the time of the incident, THE PROPERTY was or had been previously owned, maintained, constructe...

Excerpt: ...ra's actual and or propensity for engaging in prior serious sexual misconduct and or molestation involving other persons as is alleged in herein and either disregarded and or intentionally failed to take appropriate action to ensure that De Vera would not engage in any similar action as has been alleged herein.” (TAC, ¶ 9.) Plaintiff alleges Integro failed to properly investigate De Vera's prior acts of sexual misconduct before hiring him, tha...

Excerpt: ...age. The demurrer is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. The court sustained the demurrer to the elder abuse cause of action in the original Complaint and FAC because Plaintiff had not pleaded elder abuse with the required specificity. The only relevant allegations as to AG Rancho Mirage in the FAC were as follows: RANCHO neglected to provide medical care for DOBREMSYL'...

Excerpt: ... Agarwal and Royale Residential seeking: Any and all employee files for Kimberly Delgado … including hiring documents, termination documents, resignation documents, write‐ups, written warnings, accolades, notes regarding oral warnings, correspondence, performance reviews, time‐off requests, vacation requests, and any other documents related Page 2 of 4 to Kimberly Delgado's employment with your company from February, 2015 through and includ...

Excerpt: ...es of Action are against the County of Riverside only, and the 7th Cause of Action is against Sanchez only. 1st cause of action: Granted as there is no evidence of severe or pervasive harassment. 2nd cause of action: Granted as there is no evidence of pretext that suggests that County placed Plaintiff on leave or terminated him as a result of a perceived disability. 3rd cause of action: Denied as there is evidence of pretext demonstrating a retal...

Excerpt: ...ary 13, 2020, exactly 16 court days before the OSC hearing, Petitioner filed a motion for attorney's fees and supporting declaration. (Code of Civ. Proc., §§ 1005, 1021.5.) The motion and supporting declaration made no mention of the Court's OSC nor any issues raised therein. The following day, February 14, 2020, Real Party in Interest “In‐N‐Out Burgers” filed a response to the Court's OSC. Without conceding it had been properly served ...