Excerpt: ...e accountants concealed the fact of the controlling members' failure to make promised capital contributions to the business. On December 07, 2022, plaintiffs filed their operative First Amended Complaint in this action, asserting direct and derivative claims, alleging the following causes of action: (1) breach of fiduciary duty, (2) accounting malpractice, (3) fraud (intentional misrepresentation), (4) fraud (concealment), (5) aiding and abetting...

Excerpt: ...t be prepared to explain how she would amend the complaint to cure the defects described in the tentative ruling. The Court re-issues the same tentative ruling. The RJN is largely denied because, other than the SAC, the memorandum of points and authorities in support of the demurrer does not refer or otherwise rely upon any of the documents of which judicial notice is requested. A private person has stand-ng to bring an action for relief for a vi...

Excerpt: ... p. 3 [emphasis in the original].) There is nothing in the Contract that indicates Miller was intended to be or agreed to be a party to the Contract. Further, while Plaintiff indicates Miller initialed the contract approving Paragraph 28 [PERSONAL GURANTOR], Miller did not execute the Contract as a personal guarantor — indeed, the signature block for the personal guarantee is entirely blank. Moreover, Plaintiff concedes Miller is a resident of ...

Excerpt: ...ified Pre-owned 2019 Chevrolet Silverado 1500, VIN IGCPYFED8KZ26S383, ("Subject vehicle" or "Vehicle") for $83,005.75. As a result of persistent manufacturing defects, Plaintiffs brought the vehicle in for repairs to Defendant General Motor, LLC's ("GM" or "Defendant") authorized dealership(s) who were unable to repair the defects, despite having cumulative possession of the vehicle for 55 or more days. These were days that the vehicle was unavai...

Excerpt: ...this Motion to compel further responses to RFA Nos 2- 12 and 15-19 and Form Interrogatory 17.1. She contends the responses are incomplete and/or the objections are without merit. She seeks $4,560 in sanctions for having to bring the Motion. Defendant opposes claiming Plaintiff did not properly meet and confer, the separate statement is improper and the responses are sufficient and the objections are warranted. Defendant seeks sanctions for having...

Excerpt: ...laims for: (1) discrimination; (2) harassment; (3) retaliation; (4) failure to prevent discrimination, harassment and retaliation; (5) retaliation; (6) failure to provde reasonable accommodations; (7) failure to engage in a good faith interactive process; and (8) wrongful termination. Defendant brings the instant motion to compel arbitration. Defendant contends Plaintiff executed a binding arbitration agreement in connection with his employment w...

Excerpt: ...; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Cal. Code Civ. Pro. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of prov...

Excerpt: ... LLC ("Pacterra") and A&M Partners LLC ("A&M"). The City seeks to abate alleged violations and unlawful nuisance conditions and activities at property located at 1240 Ramsey Street I Banning, California (the "Property") (Complaint, "1 2, 6.). Pacterra is alleged to be the owner of the Property. (ld., '1 3, Exhibit A [grant deed].) A&M is alleged to be in control of the Property, which consists of an abandoned and partially boarded up, fire-damage...

Excerpt: ...sing her to suffer complications. She later learned her ureter had been cut during the procedure. As to defendants Mary C. Gentle, M.D. ("Gentile") and Jason Desadier, D.O. ("Desadier"), Plaintiff alleges they provided care and treatment to her followng the surgery and failed to diagnose the condition. Plaintiff filed the Complaint on February 2, 2022, alleging a single cause of action for medical malpractice. Evidence supporting the motion: Plai...

Excerpt: ...f is granted leave to amend within 20 days. Demurrer being sustained, the Motion to Strike is moot. REQUEST FOR JUDICIAL NOTICE: Evidence Code S 452 sets forth matters that judicial notice can be taken of, including court records, regulations, official acts of government entities, rules of the court, laws of other countries, and facts that are of common knowledge. Evidence Code S 451 sets forth matters where judicial notice must be taken. They in...

Excerpt: ...his First Amended Complaint eight causes of action for 1) whistleblower retaliation, 2) retaliation Gov. Code 512940(h), 3) retaliation Labor Code "98.6, 96(k), 4) failure to prevent discrimination, harassment and retaliation, 6) wrongful termination in violation of public policy, 7) wrongful termination in violation of Gov. Code #12940, et seq„ and 8) UCL violations. Defendant California Department of Correctons and Rehabilitations (COCR) demu...

Excerpt: ...lyn Conway, Gloria V. Herrera, American Legion Auxiliary Department of California, Gloria Williams, Anita Biggs, and Veronica Verdusco Garcia (all Defendants except Veronica Verdusco Garcia are collectively referred to as "Defendants"). On January 24, 2023, Plaintiff filed her operative First Amended Complaint for Damages for Libel ("FAC") against the same Defendants. Defendant American Legion Auxiliary Department of California ("ALAD") is a non-...

Excerpt: ... DENY the motion with respect to requests 3-5, and 8-14. The court further intends to engage the parties at oral argument in a discussion about requests 15 and 16. The court will tentatively GRANT the motion with respect to requests 15 and 16 and order SoCal Gas to produce a privilege log. FACTS Integrity Specialists International, Inc. and Brandon Hillman (collectively "Plaintiffs") contend that since April 2018, they have maintained a contractu...

Excerpt: ... to prevent cause of action to the extent it relies on a theory of discrimination, but the court will DENY the motion to the extent the failure to prevent cause of action relies on a theory of harassment. The court's further tentative ruling is to DENY defendant Jason Smith's motion for summary judgment. The court grants the requests for judicial notice. The court also overrules all evidentiary objections. While itis perhaps true that plaintiff's...

Excerpt: ... and through her Guardian Ad Litem, Raul Soto and Raul Soto, individually. To prevail on summary judgment, the defendants must demonstrate that the entire achon has no merit. (CCPS 437c(a)(1); Cox v. State of California (1970) 3 Cal.App.3d 301.) Individual causes of action must be attacked by way of summary adjudication. (CCPS 437(f).) Here, the Sotos have not requested alternative relief by way of summary adjudication of all the issues, since th...

Excerpt: ...that Petitioner engaged in the violations in the notice of intent to terminate, the City Manager terminated Petitioner. Petitioner alleges that City's decision is not supported by the findings. Petitioner contended the City abused its discretion because under the MOLI, it is the arbitrator who has the authority to determine the relevancy, weight and credibility of testimony and evidence. He argued that the MOU does not permit a de now review of t...

Excerpt: ...mpelling Defendant Jonner Transportation, Inc.. to produce its PMQ a to all categories and to respond to the corresponding RFP. Plaintiff asserts he properly noticed each deposition of Defendant's Person(s) Most Qualified. Defendant's objections are invalid, as they continue to refuse to provide any available dates for the Person(s) Most Qualified. Defendant failed to provide any justification or explanation for their refusal to meet and confer a...

Excerpt: ...ber 11, 2022; November 21 and 22, 2022; February 1 and 2, 2023; and March 22 and 23, 2023. on February 10, 2022, RHOC noticed Plaintiff's deposition for April 27, 2022. (Grant Decl. '1 2, Ex. A.) On September 21, 2022, RHOC served fts second notice of deposition on Plaintiff for October 11, 2022. (ld. at 9, Ex. C.) On October 19, 2022, RHOC served its third notice of deposition on Plaintiff for November 21 and 22, 2022. (ld. at 20, Ex. E.) On Jan...

Excerpt: ...d continued contributing to the mortgage every month, he would receive title to the Property. (Comp., 18.) Plaintiff and Josephina resided at the Property. (Comp. , '1 7.) The deed of trust was recorded on October 3, 2012, and names Defendants only. (Comp. , Exh A.) On July 1, 2015, a grant deed was recorded transferring title from Defendants to Thelma only. (Comp., Exh A.) As of June 2021, Plaintiff and Josephina's relationship ended. (Comp., 8....

Excerpt: ...rty and the intervening 61 acres of land between the golf course and the Trilogy community homes ("Perimeter Area"). The moving Defendants, Wayne Guralnick and Guralnick & Gilliland, acted as counsels representing Trilogy HOA in these negotiations and discussions. CBGM's Complaint alleges as follows: The Trilogy at La Quinta is a master planned community governed by a master Declarations of Covenants, Conditions and Restrictions recorded in March...

Excerpt: ... a result Defendants committed various wage and hour violations. She also alleges in 2021 she began suffering severe pain in her knee and on August 16, 2021 she was placed on medical leave. Plaintiff returned to work in February 2022 and was retaliated against by refusing to allow her to return to her prior position of Training Coordinator, demoting her and requiring her to sit in her offce for an extra half hour without reason. On June 15, 2022,...

Excerpt: ...the times for serving and filing the cost memorandum or notice of motion to strike or tax costs for a period not to exceed 30 days." (ld. at The losing party may dispute any or all of the items in the prevailing party's costs memorandum. (CRC, Rule Technically, a motion to strike challenges the entire costs bill whereas a motion to tax challenges particular items or amounts. But, the terms are often used interchangeably and there is no difference...

Excerpt: ...S, INC„ MBK TRADE INC. Tentative Ruling: Plaintiffs Mofeed Jawdat Hantuli ("Mofeed"), Kazem Jawdat Hantuli ("Kazem"), and Basem Jawdat Hantuli ("Basem") ("collectively, "Plaintiffs") filed the complaint for declaratory relief in this action on May 13, 2021 against defendant Mazen Jawadat Hantuli ("Defendant" or "Crosscomplainant"). Plaintiffs and Defendant are brothers who own equal shares in real property located on Quail Valley Ct. in the Cit...

Excerpt: ...d and cwersaw a network of medical clinics to generate fraudulent billings to workers' compensation and insurance carriers. A nonattorney, he also allegedly controlled the day-to-day operations of various law firms, including California Injury Lawyers (collectively, the law firm)." Heidary v. Superior Court (2018) 25 Cal.App.5th 110, 113 (Plaintiff appealed a decision denying a motion to set aside the indictment in RIF1670175). When injured worke...

Excerpt: ... defendant General Motors, LLC ("Defendant" or "GM"). With the purchase, Plaintiffs allege they received various express warranties. Plaintiffs allege the subject vehicle came with material defects and nonconformities to warranty related to the engine, and transmission, that Defendant's authorized repair facility was unable to repair despite numerous attempts. Plaintiffs filed the Complaint on 12/14/21 alleging various causes of action under the ...