Excerpt: ...the purchase. It 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 equitable estoppel because the claims against it are inextricably intertwined with the Contract. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or s...

Excerpt: ...Defendants. The Statutory Scheme Education Code SS and 24502 set forth CalSTRS statutory rights to assert a subrogation claim against a tortfeasor when a member is injured by the tortfeasor, and as a result of those injuries, the member is approved for CalSTRS disability benefits. There is nothing in Education Code S 24502 that limits the application of Chapter 5 of Part 1 of Division 4 of the Labor Code to a direct claim of subrogation against t...

Excerpt: ...The Complaint in the underlying action alleges the causes of action for breach of contract, negligence, and declaratory relief against FNBA. Thereafter, FNBA filed a Cross-complaint against Rockledge Gardens Condominium Association and the home insurance carrier, Amica Mutual insurance, seeking to recover attorney's fees and litigation cost incurred in its defense against the homeowner's action. On October 17, 2022, FN8A filed its operative Secon...

Excerpt: ...this noticed Motion, and the parties agree that Plaintiff is the prevailing party. Plaintiff now move the court for an order awarding attorney's fees under the lodestar method. In support of his motion, Plaintiff submitted the declarations of Attorney Richard Wirtz and Attorney Amy Rotman. In support of their opposition, Defendant submitted the declaration of Attorney Adjoa Anim-Appiah. With his reply, Plaintiff submitted evidentiary objections t...

Excerpt: ...ployment in Oklahoma and was set to begin work in June 2022 so they began the process of selling the house and intended to use the sale proceeds to purchase a new home in Oklahoma. Plaintiffs allege that they had an oral agreement with Defendants, whereby Plaintiffs would pay off all of Defendants debt, pay the entre down payment on the house, and split all property-related expenses equally with Defendants. In return, Defendants would apply for a...

Excerpt: ... respectively. Requests for Judicial Notice: The Requests for Judicial Notce by Plaintiff Phoenix Capital Group Holdings ("Phoenix Capital"), and the Request for Judicial Notice by Cross-complainant, Keith Candee ("Candee") will both be denied. The matters contained in Phoenix Capital's RFJN are immaterial for purposes of a General Demurrer. The court does not decide a demurrer by factual inferences like the ones raised by Phoenix Capital. Candee...

Excerpt: ... restraining and enjoining Defendants, and DOES 1 through 20, inclusive, their managers, servants, agents, officers, employees, and all other persons acting on their behalf and/or at their direction from harassing or threatening Plaintiffs." 2. Paragraph 3 of plaintiffs' prayer for relief, which provides as follows: "For statutory and treble damages." 3. Paragraph 8 of plaintiffs' prayer for relief, which prov-des as follows: "For statutory damag...

Excerpt: ...ed Complaint (FAC) on the grounds it fails to state fact sufficient to constitute a cause of achon and is uncertain. (CCP S 430.10(e) & They argue the FAC is based on eight legal matters they represented Plaintiffs in, but as to six of the matters there are insufficient allegations regarding showing breach and causation. Plaintiffs oppose and argue a demurrer to a part of a cause of action is not proper. They argue they allege eight separate lega...

Excerpt: ... is overruled. Analysis: The plaintiff asserts seven causes of action in his complaint. The County demurs to the first, fourth, fifth, and seventh, all of which are asserted solely against the Counw. The County and Miller demur to the sixth, which is alleged against all defendants. The demurrer also states that it is brought by "Defendants County of Riverside, Ronald L Miller and Does 1 through 50 ('Defendant<)." No fictitiously named defendants ...

Excerpt: ...oss-Defendant's evidentiary objections as to nos. 1-14, 16-23, 78-73; OVERRULE as to no. 15. Decline to rule on nos. 24-67 and 74 because the evidence objected to is moot and thus, was not material to the court's analysis. DENY the motion. The motion for summary adjudication is procedurally defective, and Cross-complainant failed to meet her initial burden on summary judgment that no triable issues of material fact exist. Analysis: This is an HOA...

Excerpt: ...on of the property and have removed, damaged, destroyed, sold or otherwise kept numerous and valuable items of Plaintiffs' personal property. Plaintiffs seek recovery of possession of the residence and for damages. Plaintiffs Neil Campbell and Kathleen Campbell move the court, pursuant to CCP S1179a, for trial preference. Plaintiffs assert that this action is governed by CCP 51159 to 1179a as an achon for forcible entry and forcible detainer and ...

Excerpt: ...son, CA 90745. Plaintiff alleges that PLE has failed and is refusing to pay the unpaid balance of $19,264.34, plus interest. The Complaint in this action was filed on March 04, 2021. On August 18, 2021, PLE filed a Cross-complaint against RGCC, alleging the following causes of action: (1) breach of contract, (2) goods sold and delivered/ agreed price, (3) open-book account, (4) account stated, (5) comparative indemnity and apportionment of fault,...

Excerpt: ...to fully comply with the Court's CMO. 1. The proposed order must be revised. a. The order refers to the settlement agreement rather than the amended settlement agreement. (P. 3.) All such references shall be corrected. In addition, the order shall be revised to identify the declaration to which the amended agreement is attached, both by name of declarant and filing date. Page 5 of 6 b. The class definition (q 3) is unclear in two respects. i. Wha...

Excerpt: ...er. Analysis: 1. The declaration of Haines certifies the factual representations to be true "to the best of my knowledge." The Court requires an unconditional certification consistent with Code of Civil Procedure section 2015.5. An amended declaration shall be filed. 2. Because of its unsatisfactory performance as an administrator in other cases, the Court no longer approves Simpluris as an administrator in any case. The parties shall select a di...

Excerpt: ... when the vehicle he was a passenger in was involved in an accident. He has named Mammoth Electric, Inc.; County of Riverside; Jabari Tutankhamun Gillett; Alfredo Amezola; Clarence Gillett; Jesus Ampelio Sanchez Santos; and Jorge Avendano Sanluis as defendants. The complaint asserts one cause of action for negligence. Some of the defendants have filed cross-complaints against each other for indemnity. Jabari Tutankhamun Gillett and Clarence Gille...

Excerpt: ...ion to Defendants' care and treatment of Mr. Suh while he was a patient at Loma Linda university Medical Center from December 31, 2019 to January 5, 2020, resulting in injuries to Mr. Suh. Defendants now bring this Moton for Summary Judgment, or in the alternative, Summary Adjudication, on the grounds that the care and treatment prov-ded to Plaintiff while he was a patient at Loma Linda Murrieta at all times met the standard of care, and as such,...

Excerpt: ...ble neglect" Page 5 of 6 (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP S473(b), the court is required to vacate any default or dismissal "whenever an application for relief is made no more than six months after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surpris...

Excerpt: ..., 2023. After repeatedly attempting to serve Higuchi, service was completed on January 4, even though Higuchi stated to the process server "I'm not going to take the subpoena, so you can just go away, I'm not taking it." Of course, this is not a lawful option, and when the process server told Higuchi he was served and slipped the subpoena under his door, service was complete. Higuchi did not appear for the deposition and plaintiff moves to compel...

Excerpt: ... with the opposition. Objections 1 through 8 are overruled. Meet and Confer: A moton to compel further responses to written discovery must be accompanied by a declaration describing in detail the reasonable and good faith efforts that each party has made to confer and resolve informally each issue presented by the motion. (CCP SS 2030.300(b); 2031.310(b)(2); 2016.040.) The purpose of the meet and confer requirement is to force lav.yers to reexami...

Excerpt: ...kground: Plaintiff alleges that she moved into Defendant Diamond Valley RV Resort with her personal RV, when she purchased a new manufactured home from Defendant Kelly Mac (Mac) that was manufactured by Defendant Cavco Industries (Cavco). The property manager, Mooshi 8ijah (Bijah), had told Plaintiff she could enter into an annual lease of the lot rather than weekly, and allow Plaintiff to relocate her trailer into another space at no cost until ...

Excerpt: ...d Plaintiff heard, he critiqued her and ultimately terminated her. She further alleges she was improperly classified as an independent contractor when she was an employee. Defendants CannAssist International Corp., Xceptor, LLC and Electronic Servitor Publication Network, Inc. are all related companies. Plaintiff filed this action on 11/4/21. The operative pleading is the First Amended Complaint (FAC) filed on 3/24/22, for: (1) hostile work envir...

Excerpt: ...ract action seeking payment for electrical work completed at Palm View Elementary School, within Defendant Coachella Valley Unified School District ("Defendant"). Plaintiff filed this action on June 28, 2022, and the operative First Amended Complaint ("FAC") was filed on February 7, 2023. A trial setting conference is set for September 6, 2023. Defendant now moves for an order granting relief from waiver of jury trial. (C.C.P., S 631(g).) Defenda...

Excerpt: ...ildren's Services, Inc. ("Lifeplan") is an filiate of the MSFH, which is and was, at all relevant times, owned and operated by Morris. (ld. at 9.) Defendant Edward Lawrence Kerin ("Kerin") is Morris' husband. (ld. at 7.) Plaintiffs Angel Ramirez and Alberto Ramirez ("Plaintiffs") are the parents of Diane Ramirez ("Diane"), the decedent in this case. (ld. at 2.) On August 3, 2021, a Grand Jury issued an Indictment against both Morris and Kerin for...

Excerpt: ...r an order of the court. (CCP S 436.) As with a demurrer, on a motion to strike "the court treats as true the material facts alleged in the complaint, as well as any facts Page 3 of 9 which may be implied or inferred from those expressly alleged." (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 (footnote 2).) To support a demand for punitive damages under Civ. Code 53294, a plaintiff must plead and prove facts de...

Excerpt: ...y attempting to serve Higuchi, service was completed on January 4, even though Higuchi stated to the process server "I'm not going to take the subpoena, so you can just go away, I'm not taking it." Of course, this is not a lawful option, and when the process server told Higuchi he was served and slip#d the under his door, service was complete. Higuchi did not appear for the deposition and plaintiff moves to compel his attendance and requests sanc...