Excerpt: ...f action for concealment; and, sustained without leave to amend as to the first and fourth causes of action (for declaratory relief and remedy for equitable forfeiture of fees). The Motion to Strike is moot in part and granted in party with 20 days leave to amend. Request for Judicial Notice: Cross‐Defendant and Cross‐Complainant request judicial notice of a variety of legal documents and a transcript of a hearing. The requests for Judicial N...

Excerpt: ...ting and/or gorging is a well‐known and frequent problem among individuals with developmental disabilities and that previously Hunter had almost died from choking on a sandwich but failed to comply with Hunter's Individual Placement Plan (ISP) dated September 24, 2018, which states that she requires, and was entitled to, "supervision when eating to ensure that she does not stuff too much food in her mouth, "because" HUNTER has the potential to ...

Excerpt: ...Plaintiff's claim of $1,647.23 for Jennifer Polhemus, who did not testify at trial. Plaintiff argues that the costs of taking the depositions of Defendants' six experts were all reasonably necessary for trial, even if Defendants chose not to call their expert economist (Jennifer Polhemus) for trial. Code of Civil Procedure section 1033.5, subdivision (a), subsection (3)(A), permits recovery to a prevailing party of the costs for taking, video rec...

Excerpt: ...not lie to a portion of a cause of action. Thus, where there is a substantive defect affecting only a portion of a claim, the proper challenge is by motion to strike.” (Weil & Brown, CPG: Civ. Proc. Before Trial (TRG 2019) §7:188.1 citing, PH II, Inc. v. Sup. Ct. (Ibershof) (1995) 33 Cal.App.4h 1680, 1682‐1683 [legal malpractice claim based on several incidents of alleged malpractice, one of which was not actionable as a matter of law.”]) ...

Excerpt: ...��13. Defendants contend the foregoing amount had already been paid to them as of 4‐21‐17, the date of the settlement and that they are not included in the settlement terms. The dispute here is whether the settlement provision entitles Plaintiff to monies that Defendants had collected as of the date of the settlement. Plaintiff is correct that its motion is not untimely. There is no dispute the court retained jurisdiction to enforce the terms...

Excerpt: ...is is a dispute between shareholders of a business. Plaintiff Andrew Yeghnazar (“Plaintiff”), Diana Vise (“Vise”), Troy Blythe, and Tina Blythe are shareholders of 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 was employed as Blaoch's president. Vise was employed as the CEO and oversaw legal,...

Excerpt: ...at as a result of the treatment received by defendants, in particular the follow‐up care after the surgery, her husband died. The first amended complaint states two causes of action: 1. Wrongful Death; 2. Negligent Infliction of Emotional Distress. SUMMARY OF MOTION Defendant argues that the surgery he performed and the post‐operative care he provided between 9/15/17 and 9/21/17, were within the standard of care and the condition and treatmen...

Excerpt: ...essary minority partners have consented to the terms of the settlement agreement and on October 2, 2019, the settlement agreement was amended to address the sale of two additional properties. On September 30, 2019, the court denied Plaintiff King's Motion to Enforce Settlement Agreement. The motion sought to enforce a settlement agreement, post‐mediation, that was signed by the parties (Plaintiff King and Defendant Franklin) but also by non‐p...

Excerpt: ...ntly alleged by the Plaintiffs. However, this can potentially be fixed through another amended pleading. He asserts the new first, second, and third causes of action fail because the pertinent Corporations Code sections do not give rise to a private right of action. However, these causes of action are based on the Corporations Code and other statutory authority. Neugart does not provide any authority that these claims cannot be based on the other...

Excerpt: ...laiming attorney‐client privilege to disclose contents of allegedly privileged communications to determine existence of privilege]; Solin v. O'Melveny & Myers, LLP (2001) 89 Cal.App.4th 451, 465. Regents of Univ. of Cal. v. WCAB (2014) 226 Cal.App.4th 1530, 1535.) “[T]he court's factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the commu...

Excerpt: ...adings in a related dv action, and because they are uncertain as they fail to identify any factual basis by which moving defendant would be liable to Plaintiff. The TAC alleges twelve causes of action as follows: 1) fraud and deceit, 2) invasion of privacy, 3) quiet title, 4) assault, 5) sexual battery, 6) conversion, 7) intentional interference with prospective economic advantage, 8) negligent interference with prospective economic Page 2 of 6 a...

Excerpt: ...quest is unopposed. It is granted pursuant to Evidence Code Section 452(a), (c), and (d). Under Code of Civil Procedure section 425.16(c)(1), “if the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” “Frivolous” in this context means that any reasonable att...

Excerpt: ...r Daugherty nor Bardin preclude a duty to disclose material information known to a manufacturer and concealed from a consumer.” A material defect can be sufficient. (Id. at 1175‐1176.) Contrary to Daughtery, Plaintiffs specifically pled that the defect causes a sudden hard shaking during deceleration, violent jerking, and a complete failure to function. (Complaint ¶18.) The Complaint also alleges that the defect increases the risk of a crash...

Excerpt: ...ardo Gomez (“Eduardo”). Plaintiff alleges that in 2008 he and Eduardo formed Lalo's Auto Repair, LLC (“LLC”). In 2015, Eduardo hired Araceli Gomez (“Araceli”) to work for the LLC. The parties began to have disagreements and in 2016, Eduardo informed Plaintiff that he no longer wanted to be business with him and created a new business, Lalo's Auto Services & Repair, Inc. (“Lalo”). Eduardo has filed a first amended cross‐complaint...

Excerpt: ...e or Reichart at their depositions. It objected to facts asserted in CISS' Separate Statement of Undisputed Material Facts (which is essentially a summary of their testimony). This is improper. Rule of Court 3.1354 requires objections be made to “specific evidence” and to “[q]uote or set forth the objectionable statement or material.” As to the remaining objections, the Court overrules number 8. It sustains numbers 9 and 10 for lack of pe...

Excerpt: ...males residing at the address at the time of service on 9/17/07. The description on the Proof of Service indicates the person served was “MRS. KHAN –, WHO REFUSED TO GIVE HER FIRST NAME, DOP SERVE on A Middle Eastern female approx. 40‐ 45 years of age 5'4”‐5'6” in height weighing 140‐160 lbs with brown hair.” (Proof of Service filed on 9/27/07.) Plaintiff Mr. Khan attests that his wife is of Asian and Pakistani descent, was 38 yea...

Excerpt: ...Suzuki, M.D., determined that Petitioner remained permanently incapacitated. On 2/12/15, CalPERS requested clarification, and he wrote a supplemental report on 2/23/15. She was again examined on 8/16/16 by CalPERS doctor Khaled A. Anees, M.D. determining that she was permanently incapacitated and a supplemental report on 9/1/16. On 2/6/17, CalPERS notified Petitioner that they were cancelling her disability retirement. Petitioner appealed and req...

Excerpt: ...0. SUMMARY OF MATTER This is a motor vehicle personal injury case. On March 21, 2016, a vehicle driven by Defendant George Postulka (“Postulka”) and owned by Defendant A‐Quality Transport (“AQuality”) collided with a vehicle in which Plaintiff Leann Bibbie (“Plaintiff”) was a passenger. Plaintiff sustained severe injuries and property damage. Plaintiff filed her Complaint on June 24, 2017. She asserted two causes of action for: (1) ...

Excerpt: ...aintiff to ageist comments, such as calling her "old" and "old cultured" or that Plaintiff could not connect with the new generation or millennials. b. Put Plaintiff on a pretextual performance improvement plan (when her performance was excellent and even received numerous raises and bonuses prior to her termination) and then terminated her for reasons that were untrue (namely falsely alleging that Plaintiff's staff felt bullied and mistreated), ...

Excerpt: ...hat is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” On 9‐26‐19, hearing on the matter was continued with directions for Defendant to comply with this requirement. Defendant has not complied with this requirement and filed the required declaration. The motion relies in great part on extrinsi...

Excerpt: ...e are allegations regarding alcohol in this cause of action, these allegations are part of Plaintiffs' argument that Elks Lodge created a dangerous environment and failed to provide adequate security. Plaintiffs specifically allege that “[b]ut for the negligence of Defendants, and each of them, including the lack of adequate supervision, lack of security, and lack of reasonable safety measures in place, Abraham David Bonilla would have been pre...

Excerpt: ...s”). Plaintiff sustained severe injuries. Plaintiff filed his Complaint on June 19, 2017. He asserted two causes of action for; (1) Negligence; and (2) Premises Liability. Defendants filed separate cross‐complaints against Plaintiff's caregivers Myles McIntosh and Leecy Pierce (“Caretakers”) for indemnification, contribution and comparative fault. Defendants allege that the Caretakers knew that Plaintiff suffered from several chronic cond...

Excerpt: ...uld constitute a change in physical condition sufficient to defeat the design immunity. The Court granted the continuance and set a new hearing date of August 30, 2019. On August 14, 2019, Plaintiff filed a Supplemental Opposition. In the Supplemental Opposition, Plaintiff argued that another continuance was necessary to allow plaintiff to take the deposition of the other driver involved in the incident (Aguilar). The Court again continued the he...

Excerpt: ...ff Juaquina Reyna (“Plaintiff”) alleges she slipped and fell on water leaking from the toilet of the restroom at a KFC restaurant in Moreno Valley, sustaining injuries to her left shoulder, left hip and left knee. Plaintiff filed the Complaint against defendant Great American Chicken Corp., Inc. dba KFC (“Defendant”) and Doe Defendants on August 15, 2017. Plaintiff later identified Doe Defendants Ecolab, Inc. and Florim USA Inc. At the be...

Excerpt: ...n the new harness, rendering it unsalvageable as the old harness acts as a road map for the installation of the new harness. Plaintiff filed this action on 4/3/18 and filed the First Amended Complaint (FAC) as a matter of right on 7/2/18. After obtaining leave to amend, Plaintiff filed the Second Amended Complaint (SAC) on 11/30/18. The court then sustained the Defendants' demurrers, without leave as to Geico and with leave as to Walter's. Plaint...

Excerpt: ... Brown, CPG, Civ. Proc. Before Trial (TRG 2013) Ch. 9: Part II: Provisional Remedies, §9:784, p. 9(II)‐63. This statutory remedy is governed by C.C.P. §512.010, et. seq. To obtain a writ of possession, Plaintiff must show that he or she: 1) has the right to immediate possession of tangible personal property; and, 2) the property is being wrongfully withheld by defendant. C.C.P. §512.010; Englert v. IVAC Corp. (1979) 92 Cal.App.3d 178, 184. T...

Excerpt: ...tiff is to pay Defendant a monthly amount that is sufficient to cover ongoing property taxes and insurance. Evidentiary Objections: Sustained as to the exhibits offered by Defendant. Overruled as to objections to Defendant's Declaration. Plaintiff has established the “irreparable harm” component of her request. If Defendant sells or otherwise encumbers the property, she and her nephews, over whom she is guardian, will lose their home. The onl...

Excerpt: ...11,975) does not match the entry for witness fees on the Cost Memo ($11,642.86). Second, and more importantly, it does not appear that the expert fees were reasonably necessary to the defense of the action—the expert did not testify at trial. With respect to costs for service of process (Item 5) and based upon the exhibit (redacted costs sheet) attached to the opposition memo, it appears that only $1,199.40 was incurred for service of the subpo...

Excerpt: ...ntiffs to recover their investment in the LLC that they allege Lee misappropriated for himself and ousted Plaintiffs from their interests in the LLC. Defendants concede that the only connection Crespo has to this lawsuit is that Shi claims to be married to him. Crespo states in his declaration that he and Shi have separate business interests and he only recently became aware of the lawsuit. (Crespo Dec., ¶ 3.) Defendants fail to explain how her ...

Excerpt: ...stions. He seeks $3,300.00 in sanctions. Defendants Ramona Rehabilitation and Post Acute Care, Inc. & Resource Healthsystems Management (“defendants”) contend that Plaintiff's counsel asked inappropriate questions and that the objections made on Ms. Kovar's behalf were proper. They assert that there is no good cause for the discovery sought. They argue that sanctions are not warranted. Defendants complain that many of the questions asked were...

Excerpt: ... 21‐19, Toles served a second Demand for Independent Medical Examination with Dr. Tye Ouzonian for 9‐30‐19. Both examinations were described as orthopedic physical examinations. Plaintiff sent a meet and confer letter indicating that he would only appear for one orthopedic examination. After several meet and confer discussions, the parties agreed that Plaintiff would appear for the Ouzonian examination on 10‐24‐19. On 9‐23‐19, Defen...

Excerpt: ...he work performed by Plaintiffs' trial counsel, Hackler Daghighian Martino & Novak, PC (HDMN), took 21.5 hours to do. (Dec.Lebovitz, ¶13, Ex. “A”.) The tasks listed on the submitted billing are reasonable. They are also unchallenged on an individual basis. Defendant submitted a summary of the objectionable billing. (Dec.Gilefsky ¶2, Exs. “A” – “C”.) Defendant purports to demonstrate block billing. (Dec.Gilefsky ¶2, Ex. “A”.) ...

Excerpt: ...ion but the elder abuse claims do not. As used herein, Plaintiff is referred to as Dana Kelly. The general rule is that the courts decide disputes about arbitrability unless the parties agree to delegate the issue of enforceability of arbitrability to the arbitrator. (Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 891‐892.) To be effective, the language “must be clear and unmistakable” and that there is no “contract defense such as...

Excerpt: ...not show how, when, where, to whom, and by what means there were false representations. (See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) The FAXC alleges that Cross‐ Defendant Qiao knowingly and falsely misrepresented that he had a controlling interest in Golden Taste and Golden Globe, and that he intended to cause a significant disruption in the operation of the business. (FAXC, ¶ 40.) The FAXC alleges that Qiao made the misrepresent...

Excerpt: ...erts that she has been requesting deposition dates from opposing counsel for some time. A prior motion on this same issue was denied as untimely. The motion here is timely, but there is no basis articulated in the motion to compel these depositions. Plaintiff has not pleaded or provided evidence that she has noticed depositions, such that she may move to compel appearance under Code of Civil Procedure section 2025.450, nor does she assert that sh...

Excerpt: ...ed 3.5 hours, this is an overall reduction of $350. Under the Song Beverly Act, a vehicle manufacturer that willfully fails to comply with the act can be liable for civil penalties under Civil Code § 1794(c). Plaintiffs' fraud‐based claims overlap with the Song Beverly claims. Likewise, the negligent repair cause of action against Hemborg is based on the same facts as the Song‐Beverly claims. Therefore, apportionment is not necessary. The fa...

Excerpt: ...‐19 and adopted. The Trial Management Plan (TMP) filed by Plaintiff on 10‐1‐19 does not resolve the concerns stated in the prior tentative. The 10‐1‐19 TMP indicates that Plaintiff intends to rely on Defendant's timekeeping records as opposed to statistical sampling, and Plaintiff's discovery plan post‐ certification including taking approximately fifty Class Member depositions. Further, plaintiff states she “will not be relying on ...

Excerpt: ...astillo. Plaintiff alleges defendants Francisco Javier Garcia, Gloria Garcia and Joaquin Garcia subsequently forged a grant deed transferring title to the subject property to Francisco Javier Garcia, recorded on 11/14/15 notarized by Juan Castillo. Subsequent to sustaining Defendant Alejandra Castillo's demurrer to the First Amended Complaint, Plaintiff filed his Second Amended Complaint(SAC) against defendants alleging causes of action for (1) b...

Excerpt: ...ion is denied as to the first cause of action for failure and refusal to provide urgently needed medical care. The motion is granted as to the second cause of action for negligence and third cause of action for abuse of a dependent adult. The motion is granted with 30 days leave to amend as to the fourth, fifth, and sixth causes of action, for violations of the ADA, Unruh Act, and intentional infliction of emotional distress, respectively. To the...

Excerpt: ...ssion. Plaintiff contends that there is an overriding need for it to possess the property prior to the issuance of a final judgment in this action, and it will suffer great harm if the request is denied. In this lawsuit, it seeks easement rights to install overhead lines across a vacant parcel of property. The lines are part of a major infrastructure project that is necessary to keep up with the electrical needs of Riverside County. Plaintiff con...

Excerpt: ...t its burden for a protective order. In evaluating the scope of discovery and motions to compel discovery, the court considers several factors including: (1) the relationship of the information sought to the issues framed in the pleadings; (2) the likelihood that disclosure will be of practical benefit to the party seeking discovery; and (3) the burden or expense likely to be encountered by the responding party in furnishing the information sough...

Excerpt: ... Security Agreement (“Security Agreement”) which specified certain assets of MER as collateral for the loan. MER's owner and principal, Defendant Michael A. Madrid (“Madrid”) signed a Commercial Page 3 of 7 Guaranty (“Guaranty”), pursuant to which he personally guaranteed the loan. On 4‐5‐18, the loan matured and the full balance became due. MER failed to make the payment and defaulted on the loan. Madrid did not pay the outstandi...

Excerpt: ... Defendant had 30 days. (See Code Civ. Proc., §§ 412.20, subd. (a)(3), 471.5.) Page 3 of 5 In her first amended complaint (FAC), Plaintiff alleged additional facts about Defendant's conduct. (See FAC, ¶¶ 19‐34.) The new allegations primarily concern Defendant's conduct toward other employees. For example, Plaintiff alleges that her supervisor told a black receptionist to wear more makeup and commented that the receptionist was not attractiv...

Excerpt: ...been interpreted to cover cost items not included in the detailed statutory definition of ‘costs' in CCP §1033.5 (Jensen vs. BMW of North America, Inc. (1995) 35 Cal. App. 4th 112, 137). Jensen considered an analysis by the assembly Committee on Labor, Employment and Consumer Affairs which stated that CC §1794(d)'s award of costs and expenses by the court to the consumer should cover such out‐ofpocket expenses as filing fees, expert witness...

Excerpt: ... Plaintiff had trouble serving the summons and complaint on defendants, and filed an Application for Order For Publication on November 10, 2016, which was granted by the court. Proof of service by publication was filed on April 3, 2017. Default was entered on May 25, 2017, the default judgment was entered on July 3, 2018 and Notice of Entry of Default was filed on August 13, 2018. The default judgment is for $24,561.50. As a preliminary matter, D...

Excerpt: ...ainst defendant Alvord Unified School District (the “District”). Plaintiff was a 14‐year old student at Hillcrest High School, which is subject to the control of the District. Plaintiff suffered from a cleft lip and was frequently bullied by other students, which caused her severe stress and anxiety. On April 22, 2016, Plaintiff left the school campus during her physical education class through an unlocked gate without permission. She then ...

Excerpt: ...t to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) Judicial notice is taken of the existence of each of these documents, but not as to the truth of the statements contained in the Complaint and First Amended Complaint. Pursuant to Cal. Rules of Court, Rule 3.1324(b), a separate declaration must accompany a motion for to amend a pleading. The declar...

Excerpt: ...Plaintiff is a website‐hosting company that primarily hosts websites for customers using the Miva Merchant Software, a shopping software that allows customers to process orders for goods and services online.  The software is owned by Defendant Miva Corporation.  In 2005 the parties entered into a Hosting Partner Distribution Agreement, which is attached as Ex. 1.  The parties entered into an Addendum to Agreement, in 2009, which is att...

Excerpt: ...era, as to Defendant Ecowize as to the 8th cause of action, and as to all Defendants as to the 4th – 6 th causes of action. Defendants FDG Investments 2, LLC, Ecowize, Inc, Rudy Herrera, Raymond Herrera, Vincent Barbato, Antun Barbato and Robert Bishop demur to the 2nd – 8 th causes of action in Plaintiff James Lawton's Second Amended Complaint (“SAC”) on the grounds they fail to state facts sufficient to constitute causes of action and/a...

Excerpt: ...an injunction.” Butte v. State of California (1992) 4 Cal.4th 668, 678. However, “when the purpose of the injunction is to enforce a statute or ordinance, hardship—that is, injury to the public—may be presumed from the fact that lawmakers chose to pass the ordinance in the first place.” IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 72. “[W]here the law expressly declares something to Page 3 of 3 be a nuisance, then no inquiry be...

Excerpt: ...s are necessary to support its reply to Defendant's opposition to the class certification motion. Defendant seeks an order quashing these notices on the grounds that allowing the depositions to go forward would be unduly prejudicial. To begin, this court has an obligation to protect the interests of the putative class members. It appears that the 5‐year deadline to bring the case to trial is approaching in at least one of these coordinated acti...

Excerpt: ...Evidence Code 452. Defendant's Request for Judicial Notice is granted pursuant to Evidence Code Section 452. It is noted that Defendant has provided the Secretary of State Certificate of Status showing that as of 10‐15‐19 PRP Investors Madison, LLC was active. Evidentiary Objections are overruled. A motion for summary judgment / adjudication lies where one or more causes of action in the complaint have no merit, or there is no affirmative def...

Excerpt: ...uce any evidence showing a triable issue of fact. Defendant's Request for Judicial Notice is denied. Evidentiary Objections: Overruled as to Nos. 1 – 3. The court declines to rules on no. 4 because the evidence to which Plaintiff objects was not material to the court's analysis. Plaintiff's request for a continued is denied. Plaintiff failed to show that the proposed discovery would lead to facts essential to justify opposition to the trivial d...

Excerpt: ... with Plaintiff to take any and all steps to prevent an unauthorized use of her identity, credit information and/or personal information to obtain an unwanted loan and purchase of unwanted vehicle. (Compl., ¶38.) She asserts that the parties agreed that "neither party would take any and all steps necessary for Plaintiff to use maximum benefits to prevent misuse and unauthorized use of her identity, credit information and/or personal tax returns ...

Excerpt: ...cluding in the complaint a satisfactory explanation why the earlier admissions are incorrect. Absent such explanation, however, the self‐destructive allegations in the earlier pleading or discovery response are “read into” the complaint, and allegations inconsistent therewith treated as sham and disregarded. (Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 384.) Since Plaintiff has not alleged any explanation as to the inconsistencies...

Excerpt: ...xpiration of the 60‐day hold. Additionally, Plaintiff's Separate Statement does not comply with Cal. Code Civ. Pro. §437c(b) and Rule 3.1350(d)(3). First, Plaintiff improperly attempts to fill in Defendants' disputes to his facts, which must be done by Defendants. Additionally, the UMFs are not numbered as required, which makes them difficult to reference. The evidence cited does not include exhibit numbers and appears to cross‐reference oth...

Excerpt: ...ages; other causes of action are available to resolve past wrongs. (Travers v. Luden (1967) 254 Cal.App.2d 926, 929; Osseous Technologies of America v. Discovery Ortho Partners (2010) 191 Cal.App.4th 357, 366.) The first amended complaint, alleges that in addition to the Andreski, Deusenberry, and Arroza actions, there are other “still pending actions” which require a declaratory judgment regarding First Specialty's refusal to defend and inde...

Excerpt: ...aintiff's motion for preliminary injunction was denied. Moore asserts that the basis for attorney's fees is the Association's Master Declaration that states that for “any action for breach of or to enforce the provisions of [the] Master Declaration is commenced, the court in such action shall award to the party in whose favor a judgment is entered, a reasonable sum as attorneys' fees, which attorneys' fees shall be paid by the losing party in s...

Excerpt: ...mber 4 and Document Request No. 1 to 5 years before the incident. Trade secret “means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circ...

Excerpt: ...19, Michael's son, Theodoros Daskalakis (“Theodoros”) was substituted for Michael as successor in interest. For claims held by a trust, the trustee is the real party in interest that has the right to sue on the trust's behalf. (O'Flaherty v. Belgum (2004) 115 Cal. App. 4th 1044, 1062.) A beneficiary is not the real party and may not sue in the name of the trust because he or she had no legal title or ownership interests in the trust assets. (...

Excerpt: ...nding arbitration, however, the Court shall set a Hearing re: arbitration on April 24, 2020, regarding the status of arbitration. The parties are ordered to submit a joint statement regarding the status of arbitration approximately ten days prior. Page 5 of 7 SUMMARY OF MATTER This is an employment action. Plaintiff Orlando Ibarra Medina (“Plaintiff”) alleges he was employed as a cook from July 10, 2018 to December 26, 2018, at a Denny's Rest...

Excerpt: ...job site that was part of the 91 Freeway expansion project. His employer Atkinson/Walsh, Atkinson Contractors and/or Walsh Construction Company (collectively “Atkinson/Walsh” and Defendants) was the design‐ builder for the SR‐91 construction project sponsored by Defendants State of California Department of Transportation (“Caltrans”) and Riverside County Transportation Commission (“RCTC”). Plaintiff claims that his supervisor Marc...

Excerpt: ...red its right to transact business in California. (Exhibit “1” to Opposition, Certificate of Surrender.) Ms. Bozner's argument that MJB Inc., lacks capacity to defend itself in this action is without merit. A suspended corporation lacks capacity to defend itself [see Rev. & Tax Code § 23301; Center for Self‐Improvement and Community Development v. Lennar Corp. (2009) 173 Cal.App.4th 1543, 1552]. No similar rule is applicable to a corporati...

Excerpt: ...ndants' private attorney, who had represented Defendants in their past Assessment dispute with the Association.” 2. Paragraph 30 in its entirety, which reads: “Plaintiffs are informed and believe that from October 2018 to the present time, Defendants Roberts and Gilbert have unlawfully used Defendants' personal attorney, Brian S. Harnik of Roemer & Harnik LLP as the Association's legal counsel. Defendants Roberts and Gilbert thereby breached ...

Excerpt: ... no detailed description of what discovery has been conducted, what discovery still needs to be completed, why it has not been completion earlier, and how long it will take to complete. (Trial Setting Order, § F.4.) In particular, there is no showing that the remaining depositions could not, with reasonable diligence, have been completed prior to now. There is no showing that the depositions that remain to be conducted cannot, with reasonable di...

Excerpt: ...rder by Foothill/Easter Transportation Corridor is denied. Plaintiff is seeking to attach a third‐party's earnings under CCP § 708.510 et seq. and Family Code § 910 as a Judgment Creditor. It bases this theory on the argument that because California is a community property state, the earnings of Defendant's husband are 50% hers, and should be attached to pay off the Judgment Defendant owes. Plaintiff has alleged that during a Judgment Debtor ...

Excerpt: ...ion for wrongful death for the following reasons:  Defendants were not a proximate cause of decedent's fatal injuries.  Defendants had no duty to prevent the conduct of Jose Medina in contributing to decedent's fatal injuries.  Defendants Valley Pride, Inc., Desert Mist Farms, LLC and Diamante Ranch, LLC did not fail to use reasonable care to keep the premises in a reasonable safe condition, fail to use reasonable care to discover any un...

Excerpt: ..., Decedent, age 90, caught a flu at home, which was treated with cough syrup. (¶ 13.) On February 6, 2017, he was admitted to Riverside Community Hospital for treatment. (¶ 14.) He had the flu, and possibly pneumonia. On February 10, 2017, he returned home to recover from the flu. (¶ 15.) X‐Rays of his lungs showed he was clear for discharge. (¶ 15.) Page 2 of 2 For reasons unknown to Plaintiff, Decedent returned to the hospital on February...

Excerpt: ...(CCP §387(a); Truck Ins. Exch. v. Sup. Ct. (1997) 60 Cal.App.4th 342, 346; Reliance Ins. Co. v. Sup. Ct. (2000) 84 Cal.App.4th 383, 386.) Here, Intervenor asserts that she has a “substantial interest” in this case to establish the “direct and immediate interest in the litigation” element of permissive intervention. The Trustee asserts that Plaintiff seeks unpaid wages from her employer, now deceased, that could only be paid to her from t...

Excerpt: ... Health & Safety Code § 1430(d). Instead, they argue that Plaintiffs seek more in penalties then they are entitled to. A demurrer is not the procedure to attack an improper remedy. Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561‐1562. A general demurrer does not test part of a cause of action. If there are sufficient allegations to entitle plaintiff to relief, other allegations in the cause of action cannot be...

Excerpt: ...and fair dealing, (7) fraudulent misrepresentation, (8) negligent misrepresentation, (9) declaratory relief, (10) quiet title, (11) slander of title, (12) cancellation of instruments, (13) elder abuse, and (14) violations of B&P C § 17200 arises out Defendant's alleged failure to consider Plaintiff Robert Hamilton for home loan modification because although Plaintiff had been awarded the home as separate property, Plaintiff's now ex‐wife, non�...

Excerpt: ...clause unenforceable. (Graham v. Scissor‐Tail, Inc. (1981) 28 Cal.3d 807, 817.) Plaintiffs contend in their declarations they were given insufficient time to review the job applications and hiring documents containing the arbitration clauses having been “rushed” to sign them, and they were never given a copy of the documents. (Baraja Dec., ¶¶ ; Chapman Dec., ¶¶ 3‐4, 6, 9.) There is no evidence that Plaintiffs ever asked for more time ...

Excerpt: ...on for nuisance (citing San Diego Gas & Electric Co. (1996) 13 Cal. 4th 893, 936‐937). San Diego held that all intangible intrusions (i.e., noise, odor or light alone) are dealt with as nuisance cases, not trespass. “Recovery allowed in prior trespass actions predicated upon noise, gas emissions, or Page 2 of 3 vibration intrusions has, in each instance, been predicated upon the deposit of particulate matter upon the plaintiffs' property or o...

Excerpt: ...al.4th 623, 630‐31.) Thus, in California, “all government tort liability must be based on statute.” (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785, n. 2.) Accordingly, “no suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented … until a written claim therefor has been presented to the public entity and has been acted upon … or has been ...

Excerpt: ...EXT This is an action to collect on an equipment loan. Plaintiff Ascentium Capital, LLC alleges that in March of 2018, it loaned $120,035.10 to Luxury Car Wash, Inc. so that Luxury could purchase equipment for a car wash business, with Ascentium taking a security interest in the property. Ascentium further alleges that Luxury transferred the equipment to the defendant in this case, University Auto Spa & Detailing Center, Inc.1 The complaint alleg...

Excerpt: ... Plaintiff alleges that in or about 2017 the home owners' association, Defendant here, proposed through its board of directors an amendment to the CC&Rs that would prohibit short‐term rentals. Plaintiff objected to this amendment to Section 2.3 of the CC&Rs prohibiting rentals of fewer than 30 days, and now claims that she is entitled to declaratory relief. In her First Amended Complaint, Plaintiff prayed for the following: “For an order decl...

Excerpt: ...sed on Govt. Code §87100 and Educ. Code §35107. Plaintiff clarified in the First Amended Petition that this cause of action is based on Gov. Code § 54957. Because Plaintiff's Brown Act Violation cause of action is based on Gov. Code § 54957(b), Section 54960.1 does not apply. He was not required to make a demand in writing within 90 days from the date that the disciplinary action was taken to challenge the disciplinary action was void. This c...

Excerpt: ...with LuLaRoe and LLR (Obligors) for the specs, price and delivery date of various Products, and by confirming the final purchase orders for the Products, Obligors promised to pay the agreed upon price for the Products. (SAC, ¶ 153.) The court previously sustained the demurrer for fraud because Plaintiff did not meet the heightened pleading standard for fraud. Plaintiff has cured that defect. Plaintiff provides examples and a list of purchase ord...

Excerpt: ...ruary 14, 2018 accident, caused by the negligence of Tway, who was acting within the course and scope of his employment with Basso at the time of the accident. On June 10, 2019, Plaintiff served a notice of PMQ deposition notice on Basso. On July 8, 2019, Basso advised that it would not appear for the July 11, 2019 deposition date, and that it was its intention to appear on after it completed Plaintiff's deposition (which had been previously noti...

Excerpt: ...be continued and Defendant ordered to provide a privilege log with Plaintiff being given the opportunity to respond thereto. Plaintiff seeks all documents relating to surveillance images and videos of Plaintiff taken by Defendant's investigators. This is a personal injury action in which Plaintiff's injuries are directly at issue. As pointed out by Plaintiff, these documents bear on the nature and extent of Plaintiff's injuries and damages and to...

Excerpt: ...uction of witness statements regarding the accident at issue in this lawsuit. Since they pertain to evidence directly relevant to this lawsuit and regarding statements made regarding the accident by witnesses, good cause exists for their production. Defendants objected to these requests on numerous grounds. The only grounds addressed by Defendants in their opposition is attorney‐client privilege and attorney work product. Defendants cite to cas...

Excerpt: ...AINED as a motion to strike is to be made on the face of the pleadings. The Motion is DENIED. Analysis: Plaintiff moves to strike allegations in the Answer concerning an arbitration and a written agreement involving parties who are not parties to this partition action, namely ¶¶ 4‐7, ¶ 13. The judicially noticeable facts do show that 1) the arbitration was filed by JTHI and Jones against Blumenthal, none of whom are parties in this action; a...

Excerpt: ...ssue of fact.  The 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, such that they must establish every element of th...

Excerpt: ...faith or wilful misconduct of a party may constitute a waiver and thus justify a refusal to compel arbitration.” (Id. at 992 [internal punctuation omitted].) Defendant filed this motion 10 months after filing his answer, in which he did not raise the issue of arbitration, after filing and losing a summary judgment motion, after Plaintiffs had completed discovery and immediately before the trial setting conference, at which trial was set for Jan...

Excerpt: ... Care”), as a result of Alzheimer's dementia. Plaintiff alleges that Ember Care did not provide sufficient food and fluids and failed to monitor Plaintiff to prevent wandering. On August 10, 2005, Plaintiff was brutally attacked by a male resident. On August 22, 2005, after being hospitalized for injuries related to the attack, Plaintiff was admitted to Defendant Cloverleaf Healthcare Center (“Cloverleaf”), which was operated by Defendant G...

Excerpt: ...d cause of action as to Dr. David Englander without leave to amend. Sustained as to the third cause of action without leave to amend as to the County of Riverside (including RCRMC) Deputy Hartmann, Deputy Marquez, Deputy Freeman, Inv. Tina Woodward and Lt. Fitzpatrick. Sustained as to the third cause of action with leave to amend as to Dr. Dionisio Montenegro, Dr. Jess DeVera, Dr. Victor Laus, Dr. David Englander and Dr. Glenn Mejia (joining part...

Excerpt: ...the plaintiff files the complaint. (McClatchy vs. Coblentz, Patch, Duffy & Bass (2016) 247 Cal.App.4th 368, 371‐372; Woo vs. Sup. Ct. (Zarabi) (1999) 75 Cal.App.4th 169, 177.) A Doe amendment relates back only when the plaintiff is genuinely ignorant of that person's identity or liability when commencing the action. (Miller v. Thomas (1981) Page 2 of 3 121 Cal.App.3d 440, 445‐446; McClatchy, supra, 247 Cal.App.4th 371‐372.) To defeat a Doe ...

Excerpt: ...emurrer is directed to the first through third causes of action for, respectively, sexual battery, battery and assault. These causes of action are based upon both a respondeat superior and direct liability theory of recovery. (See, e.g. TAC ¶¶ 53, 55.) With the exception of a sexual assault on a member of the public by an on‐duty police officer, an employer cannot be held liable for sexual assault based upon respondeat superior. (Myers v. Tre...

Excerpt: ...e 2 of 5 fall approximately fifteen feet, and sustained severe injuries including multiple fractured ribs that required surgery. Plaintiff filed his Complaint on 3/26/19 alleging two causes of action: 1) premises liability; and, 2) general negligence. Summary of Motion: Wessler brings this demurrer to Plaintiff's Complaint for failure to state facts sufficient to constitute a cause of action and for uncertainty. (CCP §430.10(e), (f).) Wessler as...

Excerpt: ...ly, Plaintiff alleged that Defendant agreed in an oral contract for some share of profits derived from the Subject Property or to possibly be given an offer to buy the Subject Property at some future date. It does not allege that Plaintiff has any ownership in the Subject Property. On July 19, 2019, due to Plaintiff's status in Pro Per, he filed a request for judicial approval for recording of a lis pendens. The Court denied the request on July 2...

Excerpt: ...liance alleges that because Article III section 3.15 of the CC&R's allows members of the HOA to lease their lots but does not place any restriction on the length of the lease, any restriction on the length of a lease must be enacted pursuant to CC&Rs, Article IX, section 9.05(a)(4)(e) by amendment of the governing documents approved by 67% of the members and 51% of the eligible mortgagees, not by the HOA's adoption of a rule. Plaintiff Alliance m...

Excerpt: ...artygoers, many under 21 years of age, were charged $3 at the door for alcohol. The party was held at the residence of Defendant homeowner Adan Arriaga who was aware of the party and consented to it. Defendants Becerra‐Gomez, Ramirez, Flores and Hernandez consumed alcoholic drinks that were served at the party that night. They left the party around 11:00 pm. In a truck driven by Defendant Becerra‐Gomez. Plaintiff O'Connor was approached Page ...

Excerpt: ...ourt would sustain Defendants' Objections 4, 5, 6, 8, 10, 11, 12, and 13, and overrule the rest. Loren Jensen declares that he is Plaintiff's son and co‐worker. The declaration says that in a private, closed‐door meeting, Davis [sic] Fountain told Loren Jensen that Frank Jensen was a former user of illegal narcotics, “as well as other [unspecified] private personnel matters.” (L. Jensen Decl., ¶ 4.) The declaration does not establish tha...

Excerpt: ...f Civil Procedure section 2015.5, it lacks foundation and is inadmissible hearsay. The court overrules Defendant's remaining objections. Defendant has met its initial burden of showing that Plaintiff's causes of action arise from Defendant's act in furtherance of its free speech rights in connection with a public issue. (Code Civ. Proc., § 425.16, subd. (b)(1).) Defendants published the article underlying this lawsuit in a public forum, the stud...

Excerpt: ...alleged that they suffered any damages other than the impairment of the security interest. The fact that the demurrer was unopposed leads the Court to conclude that no such facts exist otherwise, and as such, sustains the demurrer without leave to amend. SUMMARY OF MATTER Plaintiffs alleges that defendant Wayne Lee Vaughn, Jr. (“Vaughn”) held himself out as Vaughn Construction Co., the managing member of defendant Desert Ice Holdings, LLC, ow...

Excerpt: ...he separate statement is denied because there is enough information to review the subject requests. RPD Nos. 8, 15‐25, 27, and 28: Since Lee provided supplemental responses to some of the RPDs that are subject to this motion, the motion is now moot as to these RPDs since the supplemental responses supersede the prior responses. RPD Nos. 1‐7, 10‐14, and 9: Lee asserted numerous objections, which are without merit. Lee objects that the reques...

Excerpt: ...spect to the alleged dangerous condition at the property as it did not own, lease or control the property where the incident occurred and had no duty to maintain the gutters in front of Plaintiff's home and/or to clean the algae and other debris and water from the gutters. Plaintiffs assert that Gothic had a duty to use reasonable care in the performance of their contractual duties under the Landscape Maintenance Agreement with Citrus HOA as well...

Excerpt: ... as a common carrier (which is not borne out by the allegations of the FAC), Civ. Code §§ 2100, 2101, 2103 and 2168 would not provide her with an additional cause of action. Further, even assuming § 2103 created an independent cause of action, the allegations of the FAC do not support a claim for liability. FACTUAL / PROCEDURAL CONTEXT Plaintiff filed the complaint in this action on August 1, 2016, in the Superior Court for the County Los Ange...

Excerpt: ...ed financial hardship and contacted her former servicer, Bank of America, and obtained a loan modification agreement which names Bank of America as the lender, when it was merely the servicer. She disputes Bank of America was the lender and any subsequent assignment. She alleges that Defendant Nationstar is a debt collector with no standing to foreclose. She filed this action on 10/18/17. After the court granted Defendant's JOP, Plaintiff filed t...

Excerpt: ...e United States or California Constitution in connection with a public issue” includes … any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law.” Defendant contends the act in furtherance of her right of petition is “specifically, Plaintiff and Defendant entered into a note secured by a deed of...