Excerpt: ...lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[Tlhere has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others." (Dunzweiler v. Sup. Ct. (1968) 257 Cal.App.2d 559, 576.) Courts will not ordinarily consider the validit...

Excerpt: ...ants Pars Surgery, Inc. ("Defendant"), and Hossain Sahlolbei ("Sahlolbei"). Sahlolbei is alleged to be the alter ego of Defendant Pars. (FAC, 11-20.) Plaintiff is the owner of property at 322-326 W. Hobsonway (the "Property"), which is a commercial office building located in alythe, CA. (FAC, '1 24.) On January 1, 2018, Defendant entered into a written lease (the "Lease") with Plaintiff's predecessor for a unit (the "Premises") at the Property. (...

Excerpt: ...factured by Pfizer, Inc.). They contend that the vaccine is a genetic therapy. Plaintiffs allege Defendant refused to accommodate their medical exemption and religious beliefs for the vaccine. Plaintiffs filed this action on 10/14/22. After Defendant filed a demurrer, Plaintiffs filed the First Amended Complaint (FAC) as a matter of right on 2/16/23. The FAC asserts: (1) FEHA: medical discrimination (failure to accommodate); (2) FEHA: religious c...

Excerpt: ...dant specifying the deficiencies in Defendant's responses and requesting that they be corrected. (Thomas Decl., 10; Exh. D.) Defendant responded to Plaintiff's letter on March 6, 2023. (Thomas Decl. 11, Exh. E). Defendant identified some of the documents it had produced by subject matter and offered to produce additional documents subject to a protective order. (ld). On March 9, 2023 Plaintiff sent Defendant a second meet and confer letter explai...

Excerpt: ...f plaintiff's claims in both cases and to dismiss the non-individual portion of the PAGA claim. The principles governing petitions to compel arbitration are well established. Public policy favors contractual arbitration as a means of resolving disputes. Mercury Insurance Group v. Superior Court (1998) 19 Cal.4th 332, 342. Arbitration of disputes is fawred and ""when there is doubt as to the meaning and construction of an agreement for mediation a...

Excerpt: ...Cal.4th 826, 850.) A defendant has met his or her burden under CCP of showing a cause of action has no merit if that party has shown that one or more of the elements of the cause of achon cannot be established, or that there is a complete defense to that cause of acton. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (C.C.P. Arcienaga v. Bank of...

Excerpt: ...se to the request for admissions that it does not have a signed personal guarantee, (3) Plaintiff has no guarantee document that satisfies the Statute of Frauds, (4) the lack of a personal guarantee renders breach or repudiation of the lease contract impossible, and (5) there is no actual controversy regarding the interpretation of Paragraph 6(f) of the lease for the declaratory relief cause of action. Plaintiff fails to establish the existence o...

Excerpt: ...n 20 days. Factual / Procedural Context: Plaintiff Gary Forman "(Plaintiff) entered into a warranty contract for a 2019 Chevrolet Bolt ("subject vehicle") manufactured by Defendant General Motors, LLC. (Second Amended Complaint (SAC) 6.) Plaintiff alleges that the subject vehicle was delivered with serious battery defects that Defendant was aware of and failed to disclose. (SAC 21-39.) Plaintiff provided his vehicle to Defendant and its represent...

Excerpt: ... James Goldstein. Plaintiffs Arthur and Theresa Elam alleged in their initial complaint the follow-ng causes of action: (1) harassment in violation of Government Code section 12955; (2) discrimination in violation of Government Code section 12955; (3) retaliation in violation of Government Code section 12955; (4) intentional infliction of emotional distress; (5) violation of the Bane Act; (6) violation of the Ralph Act; and (7) violation of Unruh...

Excerpt: ... 123 Cal.App.3d 593, 604.) "In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true." (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) "To survive a demurrer, the complaint need only allege facts suffcient to state a cause of action; eac...

Excerpt: ...n to the Motion to Compel Compliance with the Subpoena; and (3) Declaration of Leslie Anne Burnet in support of Defendant's Opposition to the Moton to Compel Compliance with Subpoena. The court can take judicial notice of these documents as they are court records. (Evidence Code S452(d).) RECONSIDERATION A motion for reconsideration must be based on new or different facts, circumstances or law. (CCP 51008.) The legislative intent was to restrict ...

Excerpt: ... R. Ct. 2.30(c.) It appears that Defendant contends that Plaintiff violated Cal. R. Ct. 3.1308(a)(1) which provides: The court must make its tentative ruling available by telephone and also, at the option of the court, by any other method designated by the court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. The tentatve ruling may also note any issu...

Excerpt: ...ent decision —Ochoa, supra, 89 Cal.App.5th 1324, 306 Cal.Rptr.3d 611 —the Court of Appeal for the Second District declined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta Page 3 of 4 models and sued Ford Motor Company ("FMC") in 2015 and 2016. (305 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included lan...

Excerpt: ...merica, Inc. ("NNA"). On November 13, 2018, Plaintiff purchased a new 2019 Nissan Versa (the "Vehicle"), which was backed by an express warranty, from the non-party dealer, Riverside Nissan. (Complaint, 6-7, 19; Declaration of Parada K. Ornelas in Support ("Ornelas Decl."), 2, Exhibit 1.) Plaintiff alleges that serious defects and nonconformities to warranty manifested within the applicable warranty period, including defects in the transmission a...

Excerpt: ...gers"), an employee and officer of Plaintiff, took funds from Plaintiffs checking account without its consent and transferred $182,25003 from Plaintiff's checking account to Berger Harrison, APC's ("Berger Harrison") client trust account. Out of these funds, $99,067.26 were inappropriately used for Collura related purposes. Some of these funds were also given to Rogers. The complaint contains one cause of action for conversion of funds. Default w...

Excerpt: ...at the "Will of Hazel A. Baker" is a testamentary trust ordered under the probate of Hazel's decedent's estate in Los Angeles County. Plaintiff alleges that the Agnew Trust owns real property located at 74-991 Velie Way, Palm Desert, CA (the Property). Plaintiff alleges that the Property was purchased from Donald E. Baker, trustee of the Hazel A. Baker [Testamentary] Trust (Baker Trust). The sale was financed by a loan on the Property, which was ...

Excerpt: ...ow there are no triable issues of material fact regarding punitive or exemplary damages. The "facts" submitted by Defendants are limited to the contents of Plaintiff's First Amended Complaint (FAC). No other "facts" were submitted by Defendants in support of their motion. Plaintiff's MSA is essentially an attack on the sufficiency of the pleadings. "[lln preparing and ruling upon motions for summary adjudication, under Code of Civil Procedure sec...

Excerpt: ...prings. Pursuant to the Option, Nanette had the option to purchase the subject property for $275,000 any time from 12/00/20 to 12/3121. On 12/28/21, Nanette issued a notice to extend the Lease to 4/30/22 and exercised the option to purchase the property. On 1/12/22, the parties executed the California Residential Purchase Agreement and Joint Escrow Instructons ("Purchase Agreement") and opened escrow with Nanette's deposit of $5,000. Shortly ther...

Excerpt: ...leging (1) medical negligence/breach of fiduciary duty, (2) medical negligence/breach of fiduciary duty, (3) fraud, intentional deceit and negligent misrepresentations, (4) negligent hiring, supervision, and retention, and (5) loss of consortium. On September 6, 2022, Defendants demurred to the entire SAC on the grounds of uncertainty, and to the third cause of action for fraud and intentional concealment for failing to allege sufficient facts to...

Excerpt: ...re not required to do so. (Cruz Dec„ 9.) However, he does not state whether the refusal to sign affects employment. Plaintiff asserts that she was told that she had to sign the Arbitration Agreement to keep her employment. (Palagnas Dec., 2.) Although the Arbitration Agreement states that each party agreed to the terms voluntarily after an opportunity to discuss with legal counsel, Plaintiff again states that this was not true and that she was ...

Excerpt: ...dgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. 5452 provides that "[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." If the motion for judgment on the pleadings is granted, it may be granted with or without leave to amend. ...

Excerpt: ...'s name to title without any monetary contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. On January 5, 2022, Plaintiff filed a verified complaint to: 1) quiet ttle; and 2) declaratory relief. Defendant now demurs to the complaint on the ground that each cause of action fails to state facts sufficient to constitute a c...

Excerpt: ... Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the RISC. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the RISC and also that it is a third-party beneficiary of the RISC. The Court disagrees. The arbitration provision in the RISC states in relevant part: Any claim or disp...

Excerpt: ...gs. (ld.) Under C.C.P., S 2025.230, a party may depose an entity's person most qualified on a particular topic. The deposition notice must describe "with reasonable particularity the matters on which examination is requested." (ld.) The must "designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any inform...

Excerpt: ...Matern a. The declaration of Matern refers to the estimates and opinions of unidentified persons in the 26-attorney Matern Law Group. (E.g„ 40-48.) That is not consistent with S H.3.a.i-iv. of the CMO, which requires the estimates to be of the declarant, not some other person. b. The declaration of Matern describes the experience of several attorneys, but does not provide the information required by S H.3.a.iii: "the number of class certificati...