Excerpt: ...cumstances of the case, including factors such as complexity of the case, procedural demands, skill exhibited and results achieved, and the court may reduce the amount if it is determined to be unreasonable. (Goglin v. BMW of North America (2016) 4 Cal. App. 5th 463, 470.) The prevailing buyer has the burden of showing the fees incurred were allowable and reasonably necessary to the conduct of the litigation. (Ibid.) The hourly rate of $525 is hi...

Excerpt: ...hat “The court determined that Desert Mist Farms incurred damages of $36.00 for the Larsons' trespass.” In fact, the Court specifically found that DMF did not prove any actual damages as a result of the Larsons' trespass, and in rendering a verdict after trial found, as stated in both the minutes and in the ultimate judgment, that “neither plaintiff has put forward reliable or credible evidence of any actual damages suffered as a result of ...

Excerpt: ...tanding. Sustained as to the Third Cause of Action without leave to amend. The Legislature acted within its authority when it enacted the End of Life Option Act. State Defendants request judicial notice is granted pursuant Evidence Code §452(d) to as to Exs. 1, 3 – 6 and denied as to Ex. 2. Judicial notice of legislative history is proper under Evidence Code § 452(c). (See In re Ge M. (1991) 226 Cal.App.3d 1519, 1523, n. 2.) Plaintiffs' relev...

Excerpt: ... not clearly appear on the face of the Cross‐Complaint. (See Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Staniforth v. Judges' Retirement System (2016) 245 Cal.App.4th 1442, 1449.) Further, nothing in the alleged oral agreement suggests that by its terms it could not be performed within one year. (See Civ. Code § 1624(a)(1).) Moreover, because the Parks fully performed under the alleged agre...

Excerpt: ...roduce responsive documents as to California complaints, reports, buy‐backs, etc., as discussed below. Sanctions are imposed in favor of Plaintiffs and against GM in the amount of $1,860. They are payable within 30 days. Meet and Confer. Plaintiffs' initial meet and confer letter is very detailed and provides authority in support of Plaintiffs' request for further responses. GM provided a detailed response explaining its objections. (Morse Dec....

Excerpt: ...o Columbia's policy which allowed management to restrict rest periods to the premises; 3. Meal and Rest Break Policies—All Class Members during the Class Period who were subject to Columbia's “customer‐first” policy which denied or reduced their meal and rest breaks; 4. Rounding Policy—All Class Members during the Class Period who were subjected to Columbia's rounding policy of rounding time to the nearest quarter hour; 5. Inaccurate Wa...

Excerpt: ...t D/T Carson Enterprises, Inc. and Dale Carson move the court for an order compelling Plaintiff Fidel Torres to produce his cell phone for inspection, copying, testing, sampling and production of electronically stored information and request for sanctions of $3,590. Defendant asserts the following: Defendant D/T Carson Enterprises, Inc. propounded RFPs (Set One), which included Nos. 27, 29, 34 and 35 seeking documents supporting Plaintiff's claim...

Excerpt: ...SUMMARY OF MATTER Background & Relevant Procedural History: This is a dispute between shareholders of a business. Plaintiff Andrew Yeghnazar (“Plaintiff”), defendant Diana Vise (“Vise”), Troy Blythe, and Tina Blythe are shareholders of defendant Blacoh Fluid Controls, Inc. (“Blacoh”). Blacoh's board of directors consists of Plaintiff, Vise, and Gary L. Cornell. Plaintiff, Vise, and Tina Blythe were also employed by Blacoh. Plaintiff w...

Excerpt: ... attorney's fees incurred in the collection of sums hereunder, whether through legal proceedings or otherwise, to the extent permitted by law. Plaintiff asserts that the amount sought is reasonable and that it was Defendants' litigation who made this much more expensive than necessary for a simple breach of contract claim. Page 6 of 8 Opposition: Defendants contend that the attorney fees provision is narrow and does not allow for tort and non ‐...

Excerpt: ...6, 685‐686.) The Complaint does not set forth facts demonstrating that the publication was false at the time it was made. In fact, the Complaint sets forth facts demonstrating that at the time the abstract of judgment at issue was recorded it was valid. Additionally, recording a valid abstract is an absolutely privileged action under Civil Code section 47. (See Brown v. Kennard (2001) 94 Cal.App.4th 40, 44‐45.) Plaintiff Storck has not provid...

Excerpt: ... fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and, (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) A claim for fraudulent concealment may be based on facts known only to a defendant, defendant knows plaintiff does not know these facts and cann...

Excerpt: ...In reviewing the First Amended Complaint (FAC), the second cause of action is duplicative of the first cause of action and should be combined into the first cause of action as agreed. As to the third cause of action: Negligent infliction of emotional distress is divided into two claims, direct victim claims or bystander claims. (Smith v. Pust (1993) 19 Cal.App.4th 263, 273.) Under the bystander theory. “[A] plaintiff may recover damages for emo...

Excerpt: ...present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer. Where no duration for an express warranty is stated with respect to consumer goods, or parts t...

Excerpt: ...ill occasionally deny leave to amend/supplement when the motion is brought on the eve of trial [see Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487‐ 88], “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., supra, 213 Cal.App.3d at 1048; see also Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761; Hirsa v. Superior Court (1981) 1...

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

Excerpt: ...rinology Specialists, Inc., an entity owned by defendant Chao‐Huang Sun, M.D., and that when he spoke with the receptionist he was told that the doctor with whom he was attempting to make the appointment, defendant Tarcisio Diaz, M.D., (no relation to Plaintiff) did not see transgender patients. Plaintiff further claims that he called again the next day and was again told by the same receptionist that he could not have an appointment because Dr...

Excerpt: ...o accept the offer. (Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 505.) However, "a defendant may still extend a single joint offer, conditioned on acceptance by all of them, if the separate parties have a 'unity of interest such that there is a single, indivisible injury.'" (Ibid.) Milgard concedes that its offer did not meet the usual 998 requirements but it argues that the single indivisible injury exception applies. Milgard provid...

Excerpt: ...veral reasons, including that “[t]he motion fail[ed] to comply with California Rules of Court, rule 3.1324(b).” That rule requires the motion to be supported by a declaration that explains “[w]hen the facts giving rise to the amended allegations were discovered.” Accordingly, the Court directed Bogh to provide “a declaration explaining how and when the facts supporting each of the proposed new ‘defenses' came to the attention of Bogh....

Excerpt: ...d thousand vehicles throughout the United States equipped with defective continuously variable transmissions ("CVT")… [which] were installed in all Seventh generation (i.e., model year 2013 — 2017) Nissan Sentra automobiles and 2012‐2017 Nissan Versa automobiles sold or leased to consumers, including Plaintiff” (Compl. ¶ 17) and that the defective transmission caused "hesitation from a stop before acceleration; hard shaking during decele...

Excerpt: ...e showing a triable issue of fact. Defendants' evidentiary objections are sustained as to nos. 4, 10, 11, 17‐19, 21‐23 and overruled as to nos. 1‐3, 5‐9, 12‐16, 20, 24‐26. The court declines to rule on nos. 27‐34 because the evidence to which Defendants object was not material to the court's analysis. Plaintiff's objection to additional evidence are sustained. For summary judgment purposes, “[i]n an employment discrimination case,...

Excerpt: ...te and local law and Burrtec's exclusive franchise agreements with the cities of Indio, Coachella, Palm Desert, Cathedral City, and Indian Wells and the County of Riverside and Southern Coachella Valley Community Services District and any other city, county, district or territory in which Burrtec has an exclusive franchise agreement. Burrtec's franchise agreements provide that they have the exclusive right to collect, transfer, transport, recycle...

Excerpt: ...235 Navajo Road in Perris. (The Court refers to the party's by their first name out of convenience; no disrespect is intended.) The complaint alleges the following causes of action: 1. Partition; 2. Ejectment; 3. Declaratory Relief. Defendant also filed a cross‐complaint, alleging the following causes of action: 1. Partition; 2. Ejectment; 3. Declaratory Relief. The cross‐complaint alleges that Alicia has been excluded from the property by he...

Excerpt: ...equired under the CBA, Plaintiff's performance after observing Plaintiff in the classroom and giving him a negative rating; that “[o]n April 18, 2017, PLAINTIFF grieved Dean Tabor' s negative teaching evaluation pursuant to the terms of the CBA. As part of his complaints, PLAINTIFF also raised the issue of discrimination in violation of the law”; that although he had been assigned to teach Earth Sciences… in the Fall of 2017, he received a ...

Excerpt: ...truck by a vehicle while crossing Market Street in the City of Jurupa Valley after using the restroom at Defendant Adams Motorsport Park (Defendant.) Plaintiffs allege that Defendants caused a dangerous condition to exist for both motorists and pedestrians accessing Adams Motorsport Park via a dirt shoulder area (termed subject auxiliary lot) in order to park (excess/overflow parking) and watch events at Adams Motorsport Park. As a result, Plaint...

Excerpt: ...he facts of the Complaint here are conclusory and insufficient. While Plaintiff is correct that the rules of pleading generally require only ultimate facts to be alleged (McKelly v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1457, 1469), “[f]acts, not conclusions, must be pleaded.” (Zumbrum v. University of Southern California (1972) 25 Cal.App.3d 1, 8.) Further, where, as here, statutory remedies are invoked, the facts “must be pleaded w...

Excerpt: ...ervisor made demeaning comments about the plaintiff's body odor and arm sores, refused to respond to the plaintiff's greetings, made demeaning facial expressions and gestures toward the plaintiff, and gave small gifts to all employees except the plaintiff. (Roby, supra, 47 Cal.4th at 708‐709.) Plaintiff makes no similar allegations. Plaintiff contends that the federal court has already found her harassment claim viable. The federal court remand...

Excerpt: ...ent of the sale until there has been compliance. (Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 77.) Moreover, a borrower does not state a cause of action under § 2923.5 where, as in the present case, he alleges repeated contacts regarding a possible loan modification. (Rossberg v. Bank of America (2013) 219 Cal.App.4th 1481, 1494‐95.) In any event, there is no dispute that Bayview reviewed Plaintiff for a loan modification...

Excerpt: ...he 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 (1999) 72 Cal.App.4th 693, 708.) Although a fee request ordinarily should be documented in great detail, the court is entitled to make its own evaluation of the reasonable worth of the work done in light of the nature of the case and the credib...

Excerpt: ...itigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” The purpose of the section is to per...

Excerpt: ...ers including the range. Counsel indicates that the total damages at trial s $5,952,391.70, broken down as follows: rounding ($52,514.82); meal breaks ($2,089,486.48); rest breaks ($771,704.80); wage statement ($948,000); waiting time ($632,985.60); and PAGA ($1,457,700). (Nourmond Decl. ¶8.) Counsel fails to comply with (b) as to reasonable damages. For the estimate recovery, counsel provides an average of $1,431.88, but fails to provide the ac...

Excerpt: ... Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261.) If a nonsettling party opposes the application, it must file a notice of motion to contest the good faith settlement within the statutorily provided deadline. C.C.P. § 877.6(a)(2). The nonsettling party has the burden of proof to establish lack of good faith. C.C.P. § 877.6(d). Cross‐Defendant A Road Runner Garage Doors & Gates (“Road Runner”) identifies the settling parties, t...

Excerpt: ... as such, the Court sustains the demurrer without leave to amend. (See Ferrick v. Santa Clara University (2014) 231 Cal.App.4th 1337, 1341.) SUMMARY OF RULING Both of the causes of action asserted against SPS are based solely upon the allegedly false declaration of compliance recorded with the NOD in December 2014. As such, both claims are pre‐petition claims that should have been scheduled when Plaintiff filed the petition for bankruptcy in De...

Excerpt: ...o be filed. The court may allow the filing of an amended pleading claiming punitive damages on a motion by the party seeking the amended pleading on the basis of the supporting and opposing affidavits presented that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code.” Identifying a cause of action as an intentional tort does not remove it ...

Excerpt: ...o state facts sufficient to state causes of action for fraud and elder abuse and/or are uncertain. Moving parties previously demurred to these same causes of action in CrossComplainant's First Amended Cross‐Complaint with leave to amend noting that as to the fraud cause of action the FACC failed to plead facts with the requisite specificity and as to the elder financial abuse cause of action that the facts were insufficient to state a cause of ...

Excerpt: ...ecutive, and judicial departments of the United States and of any state of the United States. Materials prepared by private parties that are on file with governmental agencies are not official records of which judicial notice may be taken. (People v. Thacker (1985) 175 Cal.App.3d 594, 598‐99; Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 608.) The Court notes that there are several unpublished cases which do allow judicial notice of the ...

Excerpt: ...To have standing a party must be beneficially interested in the controversy; that is, he or she must have some special interest to be served or some particular right to be preserved and protected over and above the interest held in common with the public at large. The party must be able to demonstrate that he or she has some beneficial interest that is concrete and actual, and not conjectural or hypothetical. (Id. at p. 496.) Plaintiff does not h...

Excerpt: ...commencing March 31, 2020 and estimated to last seven days. Page 4 of 4 FACTS: Plaintiff DK Holdings opposes the motion and asserts that Defendant's motion is baseless as res judicata does not apply to the state court claims. In addition, Plaintiff asserts that this is Miva's second attempt as they already brought a motion in the federal district court asking the court to find res judicata applicable and issuing an injunction staying this action,...

Excerpt: ...t to an affirmative defense as to any cause of action, [or] that there is no merit to a claim for damages. . .” (Code Civ. Proc., § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Ibid.) A moving defendant bears the initial burden of proving that there is no triable issue of material fact, and may do so ...

Excerpt: ...or discretionary. (CCP §473(b).) Relief is mandatory if the attorney is willing to take the blame and pay the costs; the court must set aside the entry of default, default judgment or dismissal. (Lorenz v. Commercial Accept. Ins. Co. (1995) 40 Cal.App.4th 981, 989.) Without an attorney affidavit of fault, relief is discretionary and must be based on a showing of mistake, inadvertence, surprise, or mistake. (Id.) There is a six ‐month limitatio...

Excerpt: ...d Complaint against Defendant Omega and other defendants. It sets forth ten causes of action: (1) child abduction (all Plaintiffs against all defendants); (2) attempted extortion (Plaintiff Ms. Allen and Plaintiff Mr. Jasper against all defendants); (3) child abuse and endangerment (all Plaintiffs against all defendants); (4) intentional misrepresentation (Plaintiff Ms. Allen and Plaintiff Mr. Jasper against all defendants); (5) conspiracy (all P...

Excerpt: ...s. In making a finding of contempt, it is essential that the court have received evidence on the ability to comply with the order. Hassell v. Bird (2018) 5 Cal. 5th 522, In re Grayson (1997) 15 Cal. 4th 72; In re Young (1995) 9 Cal. 4th 1052, 1053. In Koehler v. Superior Court (2010) 181 Cal. App. 4th 1153, 1169‐1170 the Court made clear that the ability to pay is an element of the contempt, not an affirmative defense to be proven by the party ...

Excerpt: ...way 111, LLC, Urban Commons, LLC and Brighton Management, LLC move the court for summary judgment on Plaintiff Gary Bruce's First Amended Complaint, or in the alternative summary adjudication as to each of Plaintiff's causes of action for: 1) negligence, 2) nuisance, 3) negligent infliction of emotional distress, 4) breach of contract, and 5) breach of quiet enjoyment. On 4/20/19 this court ruled on Defendants' demurrer and motion to strike porti...

Excerpt: ...bjections, as they are immaterial to this ruling. CCP § 437c(q). The Court sustains Defendants' objections nos. 2, 7, 11, 12 and 13. All other objections are overruled. On a procedural issue, the Court on its own motion orders both counsel to comply with Local Rule 3135, which governs remand from Federal Court. The pertinent part of that rule states: Accordingly, within 30 days of the filing of the order of remand, each party shall file a declar...

Excerpt: ... attorney fees as the Complaint in its current form is insufficient. SUMMARY OF MATTER Plaintiff Steve Smith (“Plaintiff”) and Defendant John Suhr (“Suhr”) formed Defendant JS Technologies, Inc. (“JST”) in 1997. Plaintiff oversaw business operations while Suhr was in charge of designing and managing production of guitars produced by the JST. Currently, Plaintiff and Surh each own 275 shares in JST, another investor owns 150 shares and...

Excerpt: ...ith leave to amend. In sustaining the prior demurrer the court noted that each of Plaintiffs' 4 causes of action were based on the premise that Defendant, Plaintiffs' real estate agent and broker, owed them a duty to investigate whether or not the express representations and warranties made by Plaintiffs to buyer, as sellers of certain commercial property, were in fact accurate. The court noted that none of the cases cited by Plaintiffs stood for...

Excerpt: ...04 Cal.App.4th 605, 613; Garcia v. Pexco, LLC (2017) 11 Cal.App.5th 782, 788.) Here, the operative complaint alleges an agency relationship between Adesa and Defendant PeopleReady (PR). Defendants have established that PR absorbed Labor Ready, and that Labor Ready was a party to the arbitration agreement. The court finds that equitable estoppel applies because Plaintiff's claims are rooted in the employment relationship with the staffing agency a...

Excerpt: ...eral punctuation errors).  The revised Proposed Order was submitted without the referenced exhibits in derogation of the CMO.  Paragraph 2(k) of the Proposed Order incorrectly refers to a “claims period.”  The motion should be simply styled, Motion for Preliminary Approval of Class Action Settlement.  The Settlement's use of Net Fund Value (“NFV”) as a defined term is confusing, especially as it is repeated in the Notice (§ D...

Excerpt: ..., Inc. (1996) 14 Cal.4th 479, 493.) Thus, the filing on January 22, 2019, is timely for the second cause of action. However, Plaintiff fails to allege sufficient facts showing that the filing for the harassment causes of action are timely. Plaintiff's factual allegations are sufficient to show harassment. Plaintiff alleges in the First Amended Complaint (FAC) that her supervisor constantly talked to Plaintiff about sex and the supervisor's sex li...

Excerpt: ...s of the same Inn of Court as this Court is. The Court sees no reason to recuse itself. Analysis: As to the 1COA, 2COA, 3COA, 4COA and 5COA, Corporations Code section 800(b)(2) requires a shareholder commencing a derivative action to comply with two requirements. First, plaintiff must allege “the efforts to secure from the board such action as plaintiff desires, or the reasons for not making such effort….” Plaintiff alleges in paragraph 26 ...

Excerpt: ...tion Deadlines and Notice of Entry of Order Granting Stipulation pursuant to Evidence Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 C...

Excerpt: ...ndment privilege against selfincrimination. Certainly, Elks Lodge is not subject to a criminal proceeding, and the privilege against self‐ incrimination is personal to an individual criminal defendant and does not apply to codefendants in a civil action. (See Avant! Corp., supra. at 886‐87 [employees' assertion of 5th Amendment privilege did not require a stay of proceedings against corporate defendant that was not entitled to 5th Amendment p...

Excerpt: ...cle was rear‐ended by Defendant, Cesar Chavez (Chavez). Plaintiff filed her Complaint on 10/25/18 alleging two causes of action for general and motor vehicle negligence. Summary of Motion: Chavez brings this motion to compel Plaintiff to submit to a medical examination by neurologist, Steve McIntire, MD, PhD. since she has placed her medical condition in issue in this case. Chavez asserts that on 10/9/19, he served a demand for Plaintiff's medi...

Excerpt: ...d the court lacks jurisdiction over them. This action is stayed pending the outcome of the arbitration. This matter was originally held on December 12, 2019. Prior to the hearing, the court issued its tentative ruling to grant the motion as to moving defendant. The court continued the hearing to allow the parties to file supplemental briefing. The supplemental briefs did not cause the court to change its prior tentative. Request for Judicial Noti...

Excerpt: ...ause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to t...

Excerpt: ... ordered that Plaintiff submit any supplemental briefs/evidence before 12/30/19. On 1/6/20, Plaintiff submitted a “Notice of Withdrawal of Opposition and Non‐opposition to for Summary Judgment.” ANALYSIS Notwithstanding Plaintiff's non‐opposition, the Court is still required to analyze the merits of Cottonwood's summary judgment motion. The Court has thus reviewed the moving papers and evidence submitted by Defendant Cottonwood Canyon Hil...

Excerpt: ... “defendants.” A global use of “defendants” with nothing more do not state a cause of action. (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 829.) Accordingly, it is not clear why Defendant is named other than he was an employee or agent of City. Immunities: While Defendant is demurring to the entire SAC—it is only to the causes of action asserted against him. As such, the question is not whether each immunity individually applies to ea...

Excerpt: ...sonable safe condition, in that they failed to properly maintain pest control on the property, Plaintiffs endured slum‐type living conditions resulting in financial loss, personal injury and emotional distress. Following to court's ruling on the demurrer to the original complaint and motion to strike. Plaintiff filed this FAC. The Demurrer is based upon the grounds that the 6th cause of action for IIED, 9th cause of action for Fraud and 10th fo...

Excerpt: ... ¶¶1 and 2 that each of them are a 25% “owner and shareholder of Defendant, GREEN AMERICA, INC., …, as is the owner of 25% of all outstanding shares of Green America.” They further allege at ¶13 that they are “shareholders and directors of GREEN AMERICA at the time of the transaction.” This is a sufficient allegation that plaintiffs are shareholders of the corporation; whether the corporate records show this or not is a question of e...

Excerpt: ...This is malicious prosecution action. Plaintiff Lawrence D. Maberry (“Plaintiff”) alleges that he was a tenant on property located at 36310 Singleton Road in Calimesa and owned by defendant Christine Elaine Chetta (“Defendant”) pursuant to a lease dated February 26, 2017. (Complaint, ¶ 6.) Plaintiff alleges Defendant's son, who resided on the same property, physically attacked Plaintiff. (Id., ¶ 7.) Defendant then filed a Request for Ci...

Excerpt: ...d agreement was in Page 2 of 11 writing via the September 21, 2015, correspondence by SLS. (FAC, ¶ 19.) Plaintiffs adequately plead harm and prejudice. (FAC, ¶¶ 28, 31, 35.) Plaintiffs need not allege tender because they allege Defendants breached their contractual and statutory obligations when they foreclosed on the property. (See Fonteno v. Wells Fargo Bank, N.A. (2014) 228 Cal.App.1358, 1374; Chavez v. Indymac Mortg. Services (2013) 219 Ca...

Excerpt: ...ements to the property. Plaintiff's first amended complaint (FAC) on 9/11/19 alleges that on 4/25/17, he and defendant entered into an oral agreement (contract) to purchase an investment property in Riverside. Defendant agreed to provide the down payment, defendant's father agreed to co‐ sign on the loan for five years and after obtaining the loan remove her father from title. Then, at the end of five years, plaintiff alleges he would refinance...

Excerpt: ...t, 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 received services, provide assessments, assistance, and documentat...

Excerpt: ....c.i.; H.9.c.ii.; H.9.c.iii.; Page 2 of 8 H.9.c.iv.; H.9.c.v.; and H.9.c.vi. It also the order of the court that he parties to fix the first paragraph of page 1 of the notice, “on‐ exempt” should be changed to “non‐exempt” or hourly (which might be easier for the class members to understand); paragraph 7 on page 4 of the notice is confusing and should be clarified; the notice should identify who the released parties are; and there is ...

Excerpt: ... of resident's rights‐H&S Code § 1430(b) and (3) wrongful death is brought by Jessica Floyd both as the successor interest to decedent Reba Fay Owens and individually against CNRC, LLC a nursing and rehabilitation center. The gravamen of the complaint is that CRNC's neglect led to Owens' death. This agreement is expressly governed by the FAA. “The parties to this Arbitration Agreement acknowledge and agree that the Admission Agreement and th...

Excerpt: ...gues that all of the causes of action fall within the anti‐SLAPP statute because they pertain to statements made by parents to the District during board proceedings or pertain to statements made during the course of an official investigation. The anti‐SLAPP statute attacks causes of action asserted against a defendant from any acts done by the defendant “in furtherance of the [defendant's] right of petition or free speech.” C.C.P. § 425....

Excerpt: ...).) The written objections procedure applies to nonparty consumers. (CCP §1985.3(g).) The party consumer may bring a motion to quash. Plaintiff's contention that Defendants failed to move to enforce the subpoena is without merit. Serving a written objection is not appropriate for a party. Upon the filing of a motion, the Court may order a subpoena be quashed or modified. (CCP§1985.3, 1987.1.) A motion to quash or modify may be granted on the gr...

Excerpt: ... in accordance with the DOT. (See Malkoskie v. Option One Mortgage Corp. (2010) 188 Cal.App.4th 968, 975‐76.) (See TAC, ¶¶ 28‐35, 40‐44.) These are issues that could have been adjudicated in the UD action. Thus, Plaintiff is barred from raising issues of alleged defects in the title of the Property in the present action. Malkoskie v. Option One Mortgage Corp. (2010) 188 Cal.App.4th 968, 976. 3COA and 4COA “[A]s a general rule, a financi...

Excerpt: ...cannot meet his burden of proof that the subject tire was involved in the incident had any product defect or that any purported product defect caused or contributed to Plaintiff's claimed injuries. Therefore, Plaintiff cannot Page 2 of 8 meet his burden of proving any of the elements of his causes of action against Titan, the alleged manufacturer of the tire. Summary judgment is granted when a moving party establishes the right to entry of judgme...

Excerpt: ...en contract; (6) breach of fiduciary duty; and, (7) breach of settlement agreement (specific performance or compelling arbitration). Page 2 of 3 Corporations Code §9418: Corporations Code §9418(a) permits a director, member, or any person with the right to vote in the election at issue after that person “has exhausted any remedies provided in the articles or bylaws” to bring a judicial action to challenge the validity of the election or app...

Excerpt: ...ment Code § 820.2, a public employee is liable for injury caused by his or her acts or omissions to the same extent as a private individual. Plaintiff does not allege liability under these statutes in this cause of action. For the first cause of action, California has adopted Title IX standards when interpreting Education Code section 220. (Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567.) Title IX applies to when a school emplo...

Excerpt: ...l to the disposition. As requested by petitioner, granted as to the fictitious business statement of Real Journey Academies along with the various Education Code sections. As to standing of the petitioner: RCOE argues petitioner does not have standing because it does not operate the school; it is only the non‐profit corporation. However, petitioner has requested judicial notice of a Fictitious Business Statement which states that The Journey Sc...

Excerpt: ... granted with 20 days leave to amend. Plaintiff is granted leave to amend as to the punitive damages claim and to amend the first amended complaint to name Jennifer Bangalan Taguba as Doe 1, to designate the fictitious business name of defendant Parkview and, to identify Doe 30, in the event the identity of Doe 30 is discovered before filing the second amended complaint. SUMMARY OF MATTER Background & Relevant Procedural History: This is a premis...

Excerpt: ...e court declines to rule on Plaintiff's evidentiary objections—they do not conform to the format requirements of CRC rule 3.1354(b).  Defendants' evidentiary objections are OVERRULED as to nos. 1, 2, 6, 7, 9 and SUSTAINED as to nos. 3, 4, 5, 8, 10, 11. *Plaintiff mistakenly argues that Defendants seek summary judgment on an affirmative defense, i.e., the Privette doctrine— that they must establish every element of the affirmative defense a...

Excerpt: ...entifying information; and to provide a privilege log for any documents withheld as privileged, private, proprietary, or trade secret within 45 days. The Court denies the request for monetary sanctions. SUMMARY OF MATTER Plaintiffs, Sandra Ugalde and Rolando Garcia, allege that on 6/26/14, they purchased a new 2014 Chevrolet Cruze from General Motors, LLC. They allege the vehicle was delivered to them with serious defects and nonconformities, and...

Excerpt: ...ws: Page 7 of 8 No. 16.1: Do you contend that any person, other than you or plaintiff, contributed to the occurrence of the incident or the injuries or damages claimed by plaintiff? If so, for each person: (a) State the name, address, and telephone number of the person; (b) State all facts upon which you base your contention; (c) State the names, addresses, and telephone numbers of all persons who have knowledge of the facts; and (d) Identify all...

Excerpt: ... Parte Application and Plaintiffs' Motion to Compel Deposition of Defendant's Person Most Qualified. (Plaint's Ex. 4.) Defendant has not produced any evidence showing that the discovery motion cutoff was extended. Hence, the motions are untimely. Defendant must obtain leave under Cal. Code Civ. Pro. §2024.050 before filing any discovery motions. Meet and Confer: Further, Defendant's meet and confer efforts were insufficient. On October 14, 2019,...

Excerpt: ...is no discussion in accordance with Paragraph E(4) with respect to the number of alleged aggrieved employees, the number of alleged violations or the total penalties for which Page 2 of 2 Defendants are potentially liable. Plaintiff is under the mistaken impression that he has not actually settled the PAGA action. However, he has agreed to accept a monetary payment for the release of his unpled individual causes of action, which necessarily precl...

Excerpt: ...nt General Motors LLC (“GM”). Plaintiffs allege that on October 4, 2015, they purchased a used 2011 Buick Regal (the “Vehicle”) and that express warranties accompanied the sale of the Vehicle. (Complaint, ¶ 8.) However, the Vehicle was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities. (Id., ¶ 9.) Although Plaintiffs delivered the Vehicle to an authorized...

Excerpt: ...oyees, plaintiffs foot got caught in the excess portion of a seatbelt which was loose on the floorboard of the van, and plaintiffs body was violently thrown unto [sic] the concrete outside, causing him serious bodily injuries. Plaintiff reported the incident to the defendant' s employees but was refused access to medical care for days, despite repeated requests. Plaintiffs injuries and the employees' refusal to get him medical care caused plainti...

Excerpt: ...s struck against the curb by a tractor and trailer driven by Defendant Brianna Terry and owned by Defendant Werner Enterprises, Inc. (collectively “Defendants”). Plaintiff allegedly suffered serious injuries to her thumb, wrist, shoulder and back. She filed her Complaint on November 16, 2018. She asserts two causes of action for: (1) General Negligence; and (2) Motor Vehicle Negligence. On August 2, 2019, Plaintiff served discovery, including...

Excerpt: ...bstantially reduced as 1) motion was not timely or served pursuant to mandatory statutory guidelines, 2) seeks fees pertaining to matters unrelated to the motion, 3) fails to introduce any evidence to support the rates claimed by attorneys Keane, Huso or paralegal, 4) failed to engage in a proper lodestar analysis for the fees claimed, 5) the lodestar analysis conducted by Plaintiff confirms that the fee request is excessive, and 6) the deadline ...

Excerpt: ...o J. Villegas alleges that on 10/30/15, he purchased a new 2015 Nissan Sentra from Defendant, Nissan North America, Inc. (Nissan), which had a defective continuously variable transmission (CVT). Plaintiff alleges the defective CVT was installed in all Seventh generation (model year 2013 – 2017) Nissan Sentras including the one sold to Plaintiff. He alleges that the defect causes hesitation from a stop before acceleration; sudden, hard shaking d...

Excerpt: ... 201.6; Special Interrogatory 27‐33, 44‐50, 59, 62, 64); 2. Plaintiff's dissatisfaction with Defendant's Responses, despite the Defendant adequately supplementing its Response (FI‐ Employment 201.4, 209. 2, 211.1; Special Interrogatory 7, 24, 42, 43); Page 2 of 4 3. Requests purporting to seek information about Plaintiff's employment and claims in this lawsuit, but which Defendant claims are facially overbroad, unduly burdensome, and which ...

Excerpt: .... 4th 612. In this case, however, the complaint is uncertain. At ¶10 of the FAC plaintiff describes theories of liability (motor vehicle negligence, general negligence, intentional tort) that are not described by the factual allegations in the attachment at all, which doesn't reference an accident, an automobile, or the negligent operation of an automobile causing an accident. Instead, the attachment sounds much more like a claim for breach of o...

Excerpt: ...le was struck by a truck driven by John Doe and owned by defendant One World, LLC (“Defendant”). Plaintiffs filed their Complaint on November 9, 2018, alleging causes of action for general negligence and motor vehicle negligence. On April 26, 2019, Defendant served the first depositions notice on Caliz and Cortez for appearance on June 25, 2019 (at 10:00 am and the other at 2:30 pm, respectively). Plaintiffs objected and the depositions were ...

Excerpt: ...proposed response to the requests for admission that is in substantial compliance with Section 2033.220.”) Although the language of the statute indicates that the order deeming matters admitted is mandatory, “the nonresponding party can avoid the deemed admitted order by serving a verified response before the hearing on the motion.” (Wilcox v. Birtwhistle (1999) 21 Cal. 4th 973, 978, 987.) The Court should review the responses as a whole to...

Excerpt: ... by the buyer in connection with the commencement and prosecution of such action. (CCP §17994(d).) The additional term “expenses” was included in this section to cover items that would not otherwise be included in the detailed statutory definition of “costs” under CCP § 1033.5. (Jensen v. BMW of North America (1995) 35 Cal.App.4th 112, 137‐138.) “If the items on a verified cost bill appear proper charges, they are prima facie eviden...

Excerpt: ...rocedural History: Petitioners and plaintiffs Garner Valley Property Owners' Association and James Martens (collectively “Petitioners”) are property owners in Garner Valley. Their properties are serviced by Respondent and defendant Lake Hemet Municipal Water District (“Respondent”) provides water to Garner Valley properties via one system and provides water and other services to Hemet/San Jacinto properties via another, separate system. R...

Excerpt: ...efendant's Memorandum of Costs.” Defendant correctly points out that the motion to strike or tax costs is untimely. Pursuant to CRC Rule 3.1700(b)(1), a notice of motion to strike or tax costs must be filed and served 15 days after service of the memorandum of costs. If the cost memorandum was served by mail, the period is extended by five (5) days. (CRC Rule 3.1700(b)(1); CCP § 1013(a).) Delay in challenging a costs bill waives any objection ...

Excerpt: ... Plaintiff Jeff Ettleman (“Plaintiff”) alleges he purchased a new 2003 Ford F‐250 truck from defendant Ford Motor Company (“Defendant” or “Ford”) on February 2, 2003, after representations by sales staff and in promotional materials touting the power and reliability of the truck's superior 6.0 liter diesel Navistar engine. Plaintiff alleges the 6.0 diesel engine was defective. On October 22, 2013, Plaintiff filed the Complaint again...

Excerpt: .... Page 12 of 15 Cross‐Defendant Mitchell Altman moves the court for summary judgment, or in the alternative summary adjudication, on Cross‐Complainant Yun Hei Shin's Second Amended CrossComplaint on the grounds that all causes of action have no merit and/or are moot and that Shin lacks standing to bring such claims. Murray Altman (“Altman”) is the sole managing member of Desert Springs Financial, LLC. (“DSF”) Defendant Mitchell Altman...

Excerpt: ...unitive damages is GRANTED. Summary Adjudication as to the 4COA, 5COA and 6COA (wage and hour claims) is DENIED. Analysis: 1COA Although Plaintiff sets forth a prima facie cause of action for gender discrimination, Defendant effectively rebuts the presumption of discrimination by demonstrating that there were legitimate, nondiscriminatory reasons for the adverse employment actions. However, Plaintiff fails to demonstrate that the proffered reason...

Excerpt: ...s of the Davis‐Stirling Act. This matter may indeed be moot in light of the court's ruling in the Asher matter. However, the court intends to issue the same order for the same previously litigated and argued reasons insofar as the issues are the same. Plaintiff's 10th cause of action is asserted against Defendants The Morningside Community Association (“HOA”), David Peters (“Peters”) and Peters & Freedman (“D&F”) and Does 3‐5. The...

Excerpt: ...n, jury fees were timely deposited by Hallbert, and it does not appear that Hallbert has expressly waived the right to a jury trial. Unless and until such a right is waived by Hallbert, the trial shall remain set as a jury trial. The Court believes that the only issue to be bifurcated is whether the fungi/bacteria exclusion endorsement (Form UMB 01 03 01 03) is enforceable. The plaintiff contends that it is unenforceable because it is not conspic...

Excerpt: ...ing she was not the owner or operator, but just the manager and she did not employ Muse). An attack on Page 2 of 2 the factual allegations of the Complaint is not permitted. The Court must accept the factual allegations of the Complaint as true, unless the challenge is based on judicially noticed facts. Finally, Meer is incorrect that plaintiff's allegations regarding her role are conclusions of law. Meer's alleged ownership of the home and her e...

Excerpt: ...aim forms, photos, and accident reports, [b]illing records, and X‐ray films … concerning: Luis Antonia Cuellar.” (See Declaration of Alina Dermendjian (“Dermendjian Decl.”) in support, Exhibit A.) On 7‐18‐19, Plaintiff's counsel sent correspondence requesting that the subpoena be limited to the body parts impacted in the incident (Plaintiffs' left leg). Thus, moving party made reasonable good faith efforts to meet and confer. Defens...

Excerpt: ... (2007) 20 Cal.3d at 862‐864. Once a party has raised a claim of privacy, the party seeking discovery must show a particularized need for the confidential information sought. The broad “relevancy to the subject matter” standard is not enough. The court must be convinced that the information is directly relevant to a cause of action or defense . . . i.e., that it is essential to determining the truth of the matters in dispute. Britt, supra, ...

Excerpt: ...ranty. Although they are not identical, a reasonable trier of fact could conclude that the same person signed both documents. (Evid. Code, § 1417.) Plaintiff's declaration establishes that she talked to Defendant about the project, and that Defendant said he was a partner in Hi‐Fi Enterprises. (Declaration of Lyn Kaveney (DLC), at ¶ 3.) Plaintiff declares Defendant said he would personally guarantee the investment. (DLC ¶ 4.) Plaintiff submi...

Excerpt: ... of an interchange at Interstate 215 and Placentia Avenue in Riverside County (new northbound and southbound on and off ramps, realignment of the East Frontage Road, and related improvements). The 7/02 Notice of Deposit establishes that Plaintiff deposited $700,000 in the State of California Condemnation Deposits Fund as probable compensation for the property (per appraisal prepared by Joyce L. Riggs of Riggs & Riggs, Inc.). MOTION: Plaintiff mov...

Excerpt: ...NMAC assigned its interest via a Deed of Transfer, which assignment was duly recorded, to Citimortgage, on November 9, 2018. As PNMAC no longer has a legal interest in the property, and did not have an interest in the property as of the date the Plaintiffs seek to quiet title, Plaintiffs have not properly asserted a claim to quiet title against PNMAC, and their first cause of action fails. Plaintiffs' second cause of action, for declaratory relie...