Excerpt: ...reement. Plaintiff is a surety, and this indemnification action follows claims and civil actions brought against it by alleged victims of misconduct by third party All in Auto Sales, (All In) a motor vehicle dealer. The operative documents are the indemnity agreement and a $50,000 motor vehicle bond. Defendant is a personal indemnitor. Plaintiff alleges that on 2/2/18, a Hold Harmless and Indemnity Agreement was made between Plaintiff and Defenda...

Excerpt: ... judgment on the pleadings stating either the means by which the parties met and conferred and that they did not reach an agreement, or that opposing counsel did not respond to their request to meet and confer. (CCP 5439(3).) The motion is accompanied by Plaintiff's counsel, Laurel Buchanan, who states counsel discussed selling the property numerous times. The Reply includes a second declaration from Attorney Buchanan, which states the parties di...

Excerpt: ...4, 35, 36. Factual / Procedural Context: Plaintiff YYC Management Inc. ("Plaintiff or "YYC") alleges it is engaged in the business of shipping and logistics, and coordinates shipping, warehousing and delivery of goods to its customers. Plaintiff alleges that it hired defendant Jianwei Lin aka Justin Lin ("Lin") in mid-2021 to serve as a Dispatch Operations Manager, a management-level position. In September 2022, YYC discovered that Lin had been e...

Excerpt: ... are asserted against Defendant Hua Guo (a former property manager and corporate signer of Bloomage) and her related alter ego Defendants for Defendants' wrongful conversion of Bloomage's corporate funds. Plaintiff retained a forensic accountant to determine the extent of Defendants' wrongdoing and discovered that Defendants took at least $1.85 million directly from Bloomage's accounts, which is at least $1.25 million in excess of what Hua Guo co...

Excerpt: ...ent to arbitrate exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; (b) Grounds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court acton or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law ...

Excerpt: ...r the Retail Installment Sales Contract that Plaintiffs signed to effectuate the purchase. Defendant argues that it has a direct right to arbitration under the arbitration provision set forth in the Owner's Handbook. It also argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It argues that it may enforce the arbitration provision under the doctrine of equita...

Excerpt: ...endant initiated a care plan to prevent Plaintiff from falling. The care plan was generic and not individualized to Plaintiff's needs. Plaintiff alleges that during her residency, she suffered a fall which caused injuries to her head, shoulders, and hip along with causing her to suffer a brain injury. (Complaint "1 12-16.) The Complaint alleges causes of action for (1) elder abuse; (2) negligence; and (3) violation of patient's rights. Defendant ...

Excerpt: ...elied on codefendant Benjamin Iverson to act as her primary caregiver and custodian. The Complaint alleges that on an unspecified date, Decedent went to a BANA branch in Lake Elsinore, California, and transferred funds from her BANA accounts to accounts where Iverson was named as the POD beneficiary. Plaintiff contends this breached the terms of the trust which required Decedent to notify Patrick upon removal of assets from the trust. Decedent pa...

Excerpt: ... employment (and investigation) as an assistant professor at University of California, Riverside. In the fall of 2016, Dr. MartinsGreen was faced with a situation which arose among several graduate students. She learned two graduate students working under her, Student A and Student 8, who were female and gay, respectively, were being improperly targeted and harassed by two other students who were male, Student C and Student D. Plaintiff advised S...

Excerpt: ...c(c).) A plaintiff moving for summary judgment bears the burden to produce admissible evidence on each element of a cause of acton entitling him or her to judgment. (Code Civ. Proc., S 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) This means that "a plaintiff who would bear the burden of proof by a preponderance of evidence at trial moves for summary judgment, he must present evidence that would require a reasonable t...

Excerpt: ... liable to Plaintiff for another student, Defendant Guadalupe A., harming her. The Complaint filed on 11/12/19 alleges two causes of action against the District for negligence and one cause of action for intentional tort against Guadalupe. District has submitted evidence that Plaintiff did not tell any District member about the incident when it occurred on 3/8/19. (UMF 6-8.) District also submits evidence that Plaintiff did not tell any staff mem...

Excerpt: ... revocation of the agreement; or litigation is pending that may render the arbitration 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 ofa contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) If there is a dispute as to the enforceability of an agreement to arbitrate, an evidentiary hearing i...

Excerpt: ... unrepairable transmission defects. Plaintiff filed the Complaint on October 7, 2022, alleging causes of action under the Song-Beverly Act: 1) breach of express warranty; 2) breach of implied warranty; and 3) violation of Civil Code S 1793.2. Defendant mcwes to compel Plaintiff to arbitrate her claims under the Retail Installment Sales Contract ("RISC"), which Defendant argues it can enforce under equitable estoppel and third-party beneficiary th...

Excerpt: ...d title to the real property that it acquires; but instead transfers the property to a separate holding company that it owns and controls, and secures the interest of the investors by assigning them a membership interest in the new entity. (ld.) In mid-2021, Defendants Balcor, LLC ("Balcor") and Sam Ostayan ("Mr. Ostayan") (collectively, the "Balcor Defendants") listed a real property located at 11325 Magnolia Avenue, Riverside, California (the "...

Excerpt: ...t, motor vehicles, chattel paper, negotiable instruments, securities, deposit accounts, safe deposit boxes, accounts receivable, general intangibles, property subject to pending actions, final money judgments, and personalty in estates of decedents in the amount of $63,000. Plaintiffs assert that they will prevail on their claim that Defendant Robert Mayes allowed Defendant Danny Bailey to use his contractor's license and that Plaintiffs entered ...

Excerpt: ...tiff's union representative and an employee of Defendant, sexually harassing Plaintiff in 2018. Plaintiff complained to Defendant of the harassment, and Defendant failed to discipline Sneed. Plaintiff alleges the harassment continued through 2022 when she ultimately filed a DFEH complaint and received her right to sue letter. On October 28, 2022, Plaintiff filed her operative complaint alleging nine (9) causes of action (COA): 1) Discrimination i...

Excerpt: ...t: This is an employment action. Plaintiff Mia Prather alleges she employed as a front office manager by defendants Mohammed Ali Zareh DDS, Inc. ("Defendant" or "DDS") and Castleview Dental starting July 2020. In January 2021, a patient threatened Plaintiff's health and safety. Plaintiff sought medical attenton for her mental health, anxiety and stress, took time off from work with a doctor's note and obtained a restraining order against the pate...

Excerpt: ...hase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (See Keithly Dec., Exhibit A.) The only parties to the RISC are Plaintiff and the now dismissed dealer, Fritts Ford. FMC is not and does not claim to be an employee, agen...

Excerpt: ... motion for judgment notwthstanding the verdict (JNOV). (CCP 5629(a).) However, a JNOV moton occurs after the jury has rendered a verdict. (ld.; see Wegner, et California Practice Group: Civil Trials & Evidence S12:325 (Rutter Group 2022).) As explained by one court: While made at different times, the three motions are analytically the same and governed by the same rules. [Citation.] The function of these motions is to prevent the moving defendan...

Excerpt: ...ion is granted as to the first cause of achon without leave to amend. A defendant may move for judgment on the pleadings the complaint does not state facts sufficient to constitute a cause of action. (Cal. Code Civ. Code "A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed." (Cloud v. Northrop Grum...

Excerpt: ... claim to their insurer, State Farm General Insurance ("State Farm"), which acknowledged coverage. (ld. at 1, 3, 4.) State Farm then engaged numerous vendors to for repairs, including Plaintiff P.W. Stephens Environmental, Inc. ("PW. Stephens") and Cross-Defendant Nextgen Inc. dba Service Master Restoration ("Service Master"). (ld. at 5.) In January 2020, the Molinas entered into written agreements with P.W. Stephens for asbestos remediation and ...

Excerpt: ...t of the demurrer does not refer or otherwise rely upon any of the documents of which judicial notice is requested. A private person has standing to bring an action for relief for a violation of Business and Professions Code secton 17200 only if the person "has suffered injury in fact and has lost money or property as a result of the unfair competition." (Bus. & Prof. Code, S 17204.) Here, the plaintiff has not alleged that any of the conduct of ...

Excerpt: ...ns were not reimbursed by PNC. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been prope...

Excerpt: ...ts the motions to compel, and orders Defendants to provide responses without objection within 30 days. The Court denies the request for sanctions. Factual / Procedural Context: Plaintiffs SD Premier Properties, LLC and John Trevor Sudweeks allege that on 11/18/20, they obtained a judgment (MCC 1800347) against Defendants Mainstream Investments, LLC, which is owned by Defendants Andrew Nguyen and Christine Phung. After costs and fees, the judgment...

Excerpt: ...UAL AND PROCEDURAL BACKGROUND, LEGAL AUTHORITIES AND ANALYSIS FOR ALL FOUR (4) MOTIONS IS SET FORTH IN THIS TENTATIVE. Factual and procedural background: This is a personal injury action. Plaintiff Kevin Matthew Myers alleges that on 11/12/19, he was driving on the 1-15 freeway in Corona when defendant Seth Joseph Winks ("Wnks") negligently operated an excavator, striking the overhead power cables causing them to fall onto Plaintiff's vehicle and...