Excerpt: ... against the nonsignatory; or (2) when the signatory alleges "substantially interdependent and concerted misconduct" by the nonsignatory and a signatory and the alleged misconduct is "founded in or intimately connected with the obligations of the underlying agreement." (Goldman v. KPMG, LLP (2009) 173 Cal.App.4th 209, 218-219.) Neither of those circumstances are present here. Plaintiff does not base any of her claims against Defendant on the RISC...

Excerpt: ...ed to invest $250,000 into TruView. He signed a proposal and provided TruView with $250,000. TruView's attorneys were supposed to prepare additional documents regarding this agreement but these documents were never prepared. Fien contends that in exchange for his $250,000 investment, he was supposed to receive a 20% partnership interest in TruView and a seat on the Board of Directors. It was also agreed that the parties would possibly create two ...

Excerpt: ...s order supersedes the order of April 26, 2023 as to the timeline for filling of pleadings. Specifically, Plaintiff has leave 10 calendar days from May 2, 2023 to file their 4th amended complaint. Defendant Longbridge and MERS have 20 calendar days to file an answer from May 2, 2023 should Plaintiff not file a 4th amended complaint. Plaintiff to provide notce pursuant to CCP 1019.5. This is a quiet title action in which Plaintiffs Richman Bry, Jr...

Excerpt: ... uncertain, and fail to state sufficient facts to support the claims. Claim preclusion prevents relitgation of the same cause of action in a second suit between the same parties or parties in privity with them. Mycogen Corp. v. Monsanto Co. (2002) 28 Cal.4th 888, 896. Thus, if a plaintiff prevails in an action, "the cause is merged into the judgment and may not be asserted in a subsequent lawsuit." Ibid. A judgment in the defendants' favor bars f...

Excerpt: ...Delgadillo v. Delgadillo, Case No. FLR12102703) between the same parties, relating to the same subject matter as in this case, namely the parties' rights over certain real properties and rental income derived from said properties. "In a proceeding for dissolution of marriage , the [family awl court has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning.... [91 [4] . [tlhe settlement of the propert...

Excerpt: ...y, obtained a mortgage loan secured by 29255 North Crest Drive, Lake Elsinore, California 92530 (the "Property") from Lender Fairway Independent Mortgage Corporation in the amount of $264,000.00, memorialized by a Deed of Trust. (Comp„ Exh. A.) However, Plaintiff Edward Lepas ("Plaintiff") also alleges that he is the "rightful and lavvful owner" of the Property and was the one who obtained the loan. (Comp. , 1, 10.) Plaintiff alleges "he attemp...

Excerpt: ...Y JUDGMENT A motion for summary judgment shall be granted when no triable issue of material fact exists or the issue is one of law and the action can be terminated in favor of the moving party without the necessity of trial. (CCP S 437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant may alternatively move for summary adjudication as to a cause of action, but a motion for summary adjudication can only be granted if com...

Excerpt: ...ing the cause of action, in ordinary and conc:ise language." (Code Civ.Proc., S 425.10.) "[Tlhe complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part ofthe plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary "to acquaint a defendant with the nature, source a...

Excerpt: .../17/22, Plaintiffs Brandon Michael Clemison and Lauren Clemison filed the Complaint against defendants Congruex, LLC, Congruex Group, LLC, HHS Construction LLC and Jorge Humberto Quezado, alleging negligence and loss of consortium. After the Court granted leave to amend, Plaintiff filed the First Amended Complaint ("FAC") on 2/7/22 adding a claim for vicarious liability. Defendants now demur to the third cause of action for vicarious liability fo...

Excerpt: ...ning of CCP S 425.15(c)(1). Objections to the Declaration of Rick M. Martn are sustained and the Court declines to rule on the remainder of the objections by both parties. Factual and procedural background: Plaintiff Noemi Diaz ("Diaz") was employed by Defendant Taqueria La Tapia LLC ("Taqueria") from August 2018 to August 7, 2019 as a server. During that time, she alleges she was subjected to sexual harassment by Taqueria's Chief Executive Offic...

Excerpt: ...s name statements are not relevant because they do not establish beyond dispute that the plaintiff was not an owner of the business. The Court may take judicial notice that the statements were filed with the county clerk, but not that the statements are true. First Cause of Action The first cause of action does not state facts sufficient to state a cause of action for conversion because it fails to allege a demand for the return of the property. ...

Excerpt: .... He owes Home Care $48,197.03. The Complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a Cross-complaint against Home Care. In his original cross-complaint he alleged that he could not be released from his rehabilitation center without proof of 24-hour care. Home Care represented that it could provide sa...

Excerpt: ...injuries and sustain damages. Plaintiff filed his Complaint on 9/27/21 alleging two causes of action for motor vehicle and general negligence. Defendant, Grigor Minanian dba Grigor Transportation (Grigor), brings this motion for an order for terminating sanctions against Plaintiff for abandoning his case. (CCP S 2023.030(d), Grigor denies liability, which he claims is supported bythe Traffic Collision Report (TCR) made by the Riverside Police Dep...

Excerpt: ...) strict liability failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), "to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commercial vehicles, trucks and trailers, which included the S...

Excerpt: ... on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect .... The court may likewise, its discretion, after notice to the adverse party, allow upon any terms as may be just, an amendment to any pleading or proceeding in other particulars." In the light of the policy favoring resolution of a...

Excerpt: ... hiring cause of action, however, the court finds that Plaintiffs' claims have been sufficiently alleged. Plaintiffs' allege that they were employed by DPSS, that DPSS hired Absolute Security to ensure the safety and security of Plaintiffs and the occupants of the Welcome Center, that a physical altercation ensued between the foster children, that Absolute Security failed to provide the presence of security guards at the time of the incident, and...

Excerpt: ...Rocha, who has answered. Plaintiff filed a complaint against Defendants with the California Department of Fair Employment and Housing ("DFEH") on October 19, 2022. The DFEH issued Plaintiff a "RighttoSue" letter that same day. (First Amended Complaint, 931.) A Complaint was filed on October 20, 2022 and a First Amended Complaint ("FAC") on December 14, 2022 for (1) Discrimination in Violation of the FEHA; (2) Sexual Harassment in Violation of the...

Excerpt: ...ngs this action against the manufacturer of the vehicle FCA US, LLC("FCA") and the servicer of the vehicle, Moss Bros. Chrysler Dodge Jeep Ram ("Moss Bros.") Both Defendants bring identical Motions to Compel Arbitration under the Retail Installment Sales Contract("RlSC") signed by Plaintiff and non-party Surf City. The only parties to the RISC are Plaintiff and the non-party dealer, Surf City. Neither FCA nor Moss Bros. is or claims to be an empl...

Excerpt: ...g for Pineda above. Plaintiff says she does not recall signing the arbitration agreement less than two years ago when she started work. Defendant's CEO authenticates the agreement and attaches a copy. Plaintiff incorrectly argues that this is insufficient. The moving party needs only to allege the existence of an agreement, and once they have done so the burden shifts to the responding party to prove the falsity of the purported agreement. Condee...

Excerpt: ...ors contractual arbitration as a means of resolving disputes. Mercury Insurance Group v. Superior Court (1998) 19 Cal.4th 332, 342. A petition to compel arbitration is a suit in equity seeking specific performance of an arbitration agreement. Hotels Nevada, LLC v. Los Angeles Pacific Center, Inc. (2012) 203 Cal.App.4th 336, 347. Secton 1281.2 provides that "[Oln petition of a party to an arbitration agreement alleging the existence of a written a...

Excerpt: ...lter ego of Hilton Franchise Page 4 of 6 Holding Company or that is otherwise liable under a respondeat superior theory. Plaintiff has produced no evidence to support those arguments or to otherwise overcome summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc„ S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that t...

Excerpt: ...t of $8,600.00 in attorney's fees for abuse of the discovery process in being uncooperative when scheduling the deposition, disrupting the deposition, coaching the witness and instructing the witness not to answer on unfounded grounds. Page 3 of 5 This motion is made pursuant to CCP SS 2023.010-2023.030, and is premised on the following grounds: 1. On May 27, 2022, Plaintiff filed a Motion to Compel Discovery from Defendant and request for moneta...

Excerpt: ...o evict Plaintiffs in LJDSW 2200612 (UD #2.) Plaintiffs allege that the property was governed by the Tenant Protecton Act of 2019 (TPA), and the Tenant Relief Act of 2020 (TRA.) Plaintiffs also allege that beginning in March of 2020, they were excused from paying rent under Civil Code 51511 (performance excused) due to COVID-19 regulations. In March of 2020, Wells was furloughed due to COVID-19 regulations, and laid off in August of 2020. She so ...

Excerpt: ...ection 761.020. All other grounds are denied. Leave is granted to allow Plaintiff to file an amended complaint within 30 days. Factual / Procedural Context Plaintiff Garrett Gottschalk brings the instant action on behalf of three related limited liability companies in which he is a managing member. Plaintiff has a 50% membership interest and is the managing member in LLC and G&H Group, LLC (a Montana LLC). Both LLCs do business exclusively in Cal...

Excerpt: ...ve brought this action against MFI Recovery Center, Inc. ("MFI"), which is an adult residential care facility for addiction treatment and mental health services, and its employee, Elizabeth Mack, for injuries suffered by their son, Anthony Bays, who died while under Defendants' care. Plaintiffs Silvia Deprey and Kraig Bays, the parents of decedent Anthony Bays, bring this action both individually and as successor in interest of the decedent. The ...