Excerpt: ...rought this action (Deutsche Bank National Trust Company as Trustee for WAMU Mortgage Pass‐Through Certificates Series 2005‐AR2), and the name of the entity assigned the beneficial interests under BLYTHE's Note (Deutsche Bank, N.A. as trustee for WAMU 2005‐AR2). Plaintiff has failed to meet its burden that it (as it named itself when it filed this action) is entitled to the requested judgment of foreclosure, because it is not the entity tha...

Excerpt: ...lief sought is a declaration regarding the rights, duties and obligations of the banks, AFVW, and the Department regarding AFVW's real property. That is the same issue raised in the banks' complaint, AFVW's answer to that complaint, and the Department's answer in intervention to that complaint. The complaint in intervention is thus duplicative and unnecessary to protect the Department's interests. (2) The caption fails to identify the defendants ...

Excerpt: ...is request. The costs of those motions were addressed at the time of those motions and could result in a windfall. Third, it is not abundantly clear why two attorneys were needed for this court trial. Finally, although the case on first review looks straight‐forward, much delay was caused by the defense which increased the overall expense of the litigation. Therefore, the court determines that a more reasonable amount of attorney's fees is $110...

Excerpt: ...is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This action for: (1) intentional interference with prospective economic advantage, (2) negligent interference with prospective economic advantage, and (3) violation of Business and Professions Code section 17200 is based upon allegations that Defendant Environmental Water Management, Inc. Plaintiff Juan Cortez, dba Environmental Rebuild's competitor, sought to dispar...

Excerpt: ...MO#2, which the Court will issue forthwith. Analysis: 1. The estimated numbers of class members are very round: 600 and 300. (Williams decl., ¶ 5.) What is the basis for those estimates? Given that the defendant produced “detailed information . . . identifying members of the Cell Phone Class and Truck Class by employee identification number” (Williams decl., ¶ 7), why is it necessary to estimate? 2. The compliance with section E.1.a of the ...

Excerpt: ... is awarded its costs and reasonable attorneys' fees incurred for filing the response to the notice of errata and for the time and work involved in connection with this motion. The amount of costs and fees to be awarded are to be determined after a hearing pursuant to a motion to be filed by Defendant Ross. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. On 2/8/18, Plaintiffs filed a “Notice of Errata�...

Excerpt: ...e attached to the first offer went beyond the scope of claims in the litigation. (Ignacio v. Caracciolo (2016) 2 Cal.App.5th 81, 88‐89.) The general release provision in the second offer is vague in light of the first offer and thus, is construed against Defendant. (Chen v. Interinsurance Exch. of Auto Club (2008) 164 Cal.App.4th 117, 122.) Unlike Toste v. Calportland Construction (2016) 245 Cal. App. 4th 362, cited by Defendants, Defendants' s...

Excerpt: ...outstanding issues under the Stipulation are Plaintiff's failure to serve a written declaration responding to the seven deposition questions and the failure to provide deposition dates for expert witnesses. With respect to the authorization for the release of records, Plaintiff's counsel did not stipulate that Plaintiff would execute authorizations and only indicated on the record that he would withdraw his objections, which he did. Contrary to D...

Excerpt: ...f has named as defendants, Shadow Hills and Indio head soccer coaches and athletic directors as well as the athletic trainer for Indio, Pete Lozano. The central allegations are: “PLAINTIFF sustained the traumatic brain injury resulting in a severe concussion when an opposing player struck PLAINTIFF on his head Page 2 of 3 during the Game, and no action was taken by any of the coaches, trainers, or referees present at the Game following the Inju...

Excerpt: ... applies where (1) the plaintiff does not seek any relief greater than or different from the relief sought for the general public or a class of which the plaintiff is a member; (2) the action, if successful, would enforce an important right affecting the public interest, and would confer a significant benefit, whether pecuniary or nonpecuniary, on the general public or a large class of persons; and (3) private enforcement is necessary and places ...

Excerpt: ...a and Hayday Farms, Inc., which alleges that HayDx and Hayday entered into a written Asset Purchase Agreement that provided for the sale to HayDx by Hayday of most of Hayday's assets, including all of the equipment and other tangible assets used by Hayday in conducting its hay processing and sales business. Some of the equipment subject to the purchase agreement was taken by Hayday for its own use and pledged as collateral by Hayday for loans to ...

Excerpt: ...s. It further concedes that the Purchase and Sale Agreements for those 11 homes require binding arbitration. Instead of denying the existence of those agreements, it argues that the owners of those 11 homes waived arbitration by filing this action. That argument, which is supported by no argument or citation to authority whatsoever, fails. The complaint filed by the plaintiffs specifically sought a declaration that the agreement between the plain...

Excerpt: ... of 3 elevator to get to the ground floor.” Plaintiff also asserts that the failure to warn that the ground floor was under construction, that there was no exist, and that a key card was required, created an unreasonable risk of pedestrian accidents and injuries. (PSS, UMF No. 32.) She asserts that these dangerous conditions contributed to/caused the subject incident. (PSS, UMF Nos. 33, 40.) Plaintiff asserts that under the circumstances, she a...

Excerpt: ...ctive fraud and fraudulent concealment are not pleaded with the requisite specificity. The second cause of action for violation of the UCL fails because Plaintiff has not set forth a viable claim for violation of Civ. Code § 2923.5 and has not otherwise pleaded Defendants' alleged unfair/fraudulent business practices with any degree of particularity. The third cause of action for violation of HBOR does not sufficiently set forth a claim for a pr...

Excerpt: ...pport his punitive damages claims. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (Civ. Code § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. (Civ. Code § 3294(c)(1).) While the underlying claims may be generally alleged,...

Excerpt: ...ssal as expressly stated in the statute. (Huh v. Wang (2007) 158 Cal. App. 4th 1406, 1415; English v. IKON Business Solutions (2001) 94 Cal. App. 4th 130, 143.) Because the present motion does not involve a default, default judgment or dismissal, the mandatory relief provision does not apply. Therefore, the plaintiffs must establish that Libertino's stipulation was entered into by mistake, and that her mistake was excusable. Libertino's assertion...

Excerpt: ...ecla Lunak (“Lunak”). As a prospective client, Lax's conversations and communications with Lunak were protected by the attorney‐client privilege. The following day, February 15, 2014, Lax contacted Lunak's employer Attorney Renell Burch to obtain Lunak's legal advice and representation with regard to a CPS investigation and a marital separation and dissolution matter in Lax v. Adler, IND1400036. February 17, 2014, and thereafter (through ap...

Excerpt: ...isrepresentation that the square footage would be recalculated and the Lease Agreement would be amended. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation that may constitute actionable fraud. (Lazar v. Superior Court (1996) 12 Cal. 4th 631, 638.) “An action for promissory fraud may lie where a defendant fraudulently induces the pl...

Excerpt: ...with. Plaintiff Thomas Tedesco seeks an order (1) perpetuating testimony pursuant to Code of Civil Procedure sections 2036.010 et seq., 2035.010 and (2) designating depositions as “Former Testimony” Pursuant to Evidence Code sections 1290, 1291 and 1292. For the following reasons, the motion is denied: Neither section 2036.010 nor section 2035.010 applies. These sections allow for discovery where it would otherwise be prohibited. Section 2036...

Excerpt: ...(2018) 4 Cal.5th 241 and (2) describe their progress in serving the defendants named 5‐9‐18. At the TSC, all parties shall be prepared to discuss their compliance with the CMO timeline filed 8‐10‐17. Analysis: The plaintiffs seek to have a referee appointed to decide “all claims related to all causes of action in this litigation, including, but not limited to, all matters related to discovery, law and motion, pre‐trial hearings, and t...

Excerpt: ... Lax's conversations and communications with Lunak were protected by the attorney‐client privilege. The following day, February 15, 2014, Lax contacted Lunak's employer Attorney Renell Burch to obtain Lunak's legal advice and representation with regard to a CPS investigation and a marital separation and dissolution matter in Lax v. Adler, IND1400036. February 17, 2014 and thereafter (through approximately March 1, 2014 per the dates in the FAC)...

Excerpt: ...h a judgment debtor's exam, judgment creditor served Requests for Production of Documents. Request for Production No. 15 requested “A copy of [Okhrimovskaya's] driver's license and passport, including all pages within.” At the judgment debtor exam, according to the reporter's transcript, Okhrimovskaya did not bring her passport to the examination, but stated she could provide it to her attorney. Okhrimovskaya's counsel then stipulated to prov...

Excerpt: ...representative action. Accordingly, the motion describes the PAGA claims brought on behalf of other aggrieved employees. (Pg. 3, ll. 17‐26.) Nevertheless, the motion states in the very next paragraph, at page 4, line 1: “There are no representative claims in this action.” The same language is repeated in ¶ 4 of the Portner declaration. This contradiction must be resolved. 2. There is nothing in the agreement that allocates $15,000 of the s...

Excerpt: ...fy a good faith settlement. Furthermore, she does not provide a copy of the Mikhail settlement to confirm that Mikhail actually settled the claims as asserted against her. The stipulation between McShane, Mikhail and Plaintiff regarding the Mikhail's assumption of liability has no bearing on the Pharmacy Defendants' cross‐complaint as it is not binding as to them. ...

Excerpt: ...reasons stated, be presented. A party opposing a motion for summary judgment or adjudication is entitled to a continuance where it shows “that facts essential to justify opposition may exist but cannot, for reasons stated be presented…” (Code Civ. Proc. § 437c(h).) This First Amended Complaint (“FAC”) is for: (1) breach of contract and (2) declaratory relief raises. Romano has filed a motion for summary adjudication of the 2nd cause of...

Excerpt: ...ohnson, Magnesia Falls Plaza, LLC, and Michelle Davidson are to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This complaint for breach of contract, fraud and breach of fiduciary duty is based upon Defendant's alleged misrepresentations regarding capital contributions to the subject partnership and falsification of partnership books and records. The motion is based upon the grounds that complaint does not contain a re...

Excerpt: ... in the notice. (366‐386 Geary St., L.P. v. Superior Court (1990) 219 Cal. App. 3d 1186, 1199.) This Motion was initially brought under Fed. Rule Civ. Pro. §60(b), which provides for relief from a final judgment, order or proceeding on motion and just terms. However, Defendant has provided no authority that allows a party to move for relief from a state court judgment under the rule governing challenges to federal court judgments. After Plaint...

Excerpt: ...ration assigned their judgment and lien to LA Lease Holding, LLC on 10/14/14. Also, filed on 12/28/17 was an assignment of the judgment and judgment lien from LA Lease Holding, LLC to Butler Capital, Inc. dated 1/20/17. On 3/22/18, a notarized assignment, dated 12/16/14, was filed with the court reflecting that Butler Capital Corporation assigned its judgment to LA Lease Holding, LLC. Filed on 5/21/18 is the acknowledgment of assignment of judgme...

Excerpt: ...ation (2nd, 4th, 6th), and a cause of action for breach of fiduciary duty and another for negligence. Chang alleges all 8 causes of action against Peter Zarenejad and the 7th and 8th causes of action against Hilgenberg Realty Inc. Defendants Peter Zarenejad and Hilgenberg Realty Inc. demur to each cause of action (1st – 8 th causes of action) in Plaintiff Sophia Chang's First Amended Complaint on the grounds that they fail to state facts on whi...

Excerpt: ...me, particularly where the receiver would be engaging in the same action – to evict the tenant. There is nothing for a receiver to do at this point. There is no reason to incur the significant expense of a receiver. ...

Excerpt: ...ng portions of the First Amended Complaint (“FAC): Page 6 of 7 1. ¶ 20 requesting punitive damages in the 1st cause of action, 2. ¶ 39 requesting punitive damages in the 3rd cause of action, 3. ¶ 57 requesting punitive damages in the 5th cause of action, 4. ¶ 69 requesting punitive damages in the 7th cause of action, 5. ¶ 70 requesting attorney's fees in the 7th cause of action, 6. ¶ 76 requesting attorney's fees in the 8th cause of actio...

Excerpt: ... costs and the allowance of 15% surcharge. Facts supported by the evidence. Upon appointment the Receiver removed Weedmart from the property. The property was inspected and there was substandard conditions at the property including but not limited to structural modification, electrical issues and inadequate bathroom facilities. The marijuana dispensary existing at the filing of this case, was operated by the former property owners Can Nguyen and ...

Excerpt: .... (Defendant was served with the Summons, Complaint, etc., on August 20, 2017 and filed an Answer, with the assistance of his former counsel, on October 24, 2017.) Defendant's Responses were not served on Plaintiff by Defendant's current counsel until March 27, 2018. Defendant did not submit any evidence to the Court that the parties agreed to an extension of time to serve the Responses with objections. Moreover, Defendant's Responses were not ve...

Excerpt: ...nt by the defendant would be less than $750,000? 3. The declaration of Bello states at ¶ 30 that he “generally” obtains estimates from several potential administrators, but does not say whether he did so in this instance. Nor does it describe the results of those competitive bids. 4. ¶ 42 of the settlement concerns objections, but the last sentence refers to requests for exclusion. 5. The first sentence of ¶ 44 of the settlement is incompl...

Excerpt: ...ermination in his (plaintiff's) favor; (2) was brought without probable cause; and (3) was initiated with malice (Zamos vs. Stroud (2004) 32 Cal. 4th 958). Malicious prosecution includes continuing to prosecute a lawsuit discovered to lack probable cause (Id.). A claim for malicious prosecution need not be addressed to an entire lawsuit: it may be based upon only some of the causes of action alleged in the underlying lawsuit (Franklin Mint Co. vs...

Excerpt: ... Since that estimate was given in June of 2016, the terms of the settlement have changed to eliminate the requirement of any claims being submitted. That eliminates the need for “reminder postcard,” “postage reminder postcard,” “claims processing,” and possibly other expenses, and may reduce other categories of services. In addition, the size of the class has risen from 833 to 946. The Court will require an updated quotation based on ...

Excerpt: ...g to the police report attached to the claim, the Izuzu was towed and it appears that the other named items were located in the vehicle. The citation states that the vehicle is “stored” pursuant to the driver being cited with a violation of Vehicle Code section 22651(p). Vehicle Code Section 22651 is a statutory provision sets for circumstances that permit a peace officer to remove a vehicle. Subsection (p) provides that one of those circumst...

Excerpt: ... court to compel Plaintiff Donnelly to arbitrate her claims and to stay these proceedings. DISCUSSION: Dr. Torian asserts that the dispute in this action is subject to a valid and enforceable arbitration agreement and that Donnelly has refused to arbitrate her claims. However, the claims made by Donnelly for sexual assault do not arise “out of or in any way” relate to her physician‐patient relationship with Dr. Torian. (Victoria v. Superior...

Excerpt: ...e issues of fact with respect to both the alleged breach of the standard of care and causation. Plaintiff's expert, Jack Sills, M.D. is properly qualified and opines that the standard of care required that the twins be subject to parallel evaluations and antibiotic treatment and that if Joshua had been started on the same antibiotic regimen as his twin sister, he would have, to a reasonable degree of medical probability, survived the infection th...

Excerpt: ...promissory note in its Cross‐Complaint against Healing Nature, LLC. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or th...

Excerpt: ...court earlier that a cross‐complaint had been filed. Hence, reconsideration is appropriate. However, upon reconsideration the Motion to Quash is GRANTED. When one weighs the privacy rights of the Tatums against James' need to conduct discovery into claims presented in a cross‐complaint that had been filed by his co‐defendant and that he does not have any interest in, the privacy rights of the Tatums prevail. Without being a party to the cro...

Excerpt: ... to determine whether this is the case. Furthermore, Defendant has not produced any evidence that it has workers' compensation insurance that will cover Plaintiff's claim. Additionally, there is no evidence establishing that other exceptions to the exclusivity rule do not apply. Page 3 of 3 The scope of discovery is generally broad and permits any party to obtain discovery regarding any matter not privileged that is relevant to the subject matter...

Excerpt: ...ion. DENY the motion for summary adjudication as to James Nichols the general contractor, on procedural and substantive grounds. Plaintiffs failed to comply with the requirements of Rules of Court, rule 3.1350 which requires that: “The specific cause of action or issues of duty must be stated specifically in the notice of motion and be repeated verbatim, in the separate statement of undisputed facts.” Additionally, there is a triable issue of...

Excerpt: ...seeking treatment by Dr. Torian, his behavior was inappropriate by exposing Donnelly's breasts and staring at them. Each visit Dr. Torian's exposure of Donnelly's breasts became longer. On one visit Dr. Torian asked Donnelly if her pain went to her groin and although she responded no Dr. Torian touched Donnelly in the crease of her upper inner thigh near her vaginal region. When Donnelly pulled back from the improper touching Dr. Torian said he w...

Excerpt: ...e a proper cause of action for negligent hiring. The 2nd cause of action in the Cross‐Complainants Pug and Meza's First Amended Complaint (“FAC”) alleges that Field Asset Services owed Cross‐Complainants a duty to ensure that inspections they were ordering were appropriate for the work to be complete don the project such that their funds would not prematurely be dispersed to Plaintiff/Cross‐Defendant F.I.R. Affiliates, Inc. (“F.I.R.�...

Excerpt: ...presented that she was Dr. Bass's personal assistant. That misrepresentation caused Cross‐Complainant embarrassment and humiliation destroying his reputation in having to explain to his wife Page 8 of 9 and Servpro who his “assistant” Audrey was and the fact that he did not have an assistant and was not having an affair. In addition, when the Servpro documents could not be acquired by the phone ruse, Jurak served an Subpoena Ducts Tecum (�...

Excerpt: ... 1,981. No explanation is offered for that drop of 24%. 2. The administrator's fee is limited to a maximum of $24,500, which was the estimated cost when the class was expected to number 2,600. Although the class was actually only 1,981, the administrator estimates its total costs as being $24,562.27. How is it that a 24% decrease in the size of the class results in an increase in the administrator's costs? 3. The declaration of Crawford is unclea...

Excerpt: ...aintiff has filed a First Amended Complaint.” The Court granted leave to amend (4‐12‐ 18), but no such pleading has been filed. 2. The agreement provides for the entry of judgment that would purport to bind all aggrieved employees. The parties rely on the Supreme Court's statement that “the judgment in [a PAGA action brought by an aggrieved employee] is binding not only on the named employee plaintiff but also on government agencies and a...

Excerpt: ...ef. It should be noted; however, that the notice of motion includes demurrer to the 1st cause of action for nuisance, but thereafter the demurrer is silent as to the 1st cause of action. Defendant asserts that the 3rd, 4th and 10th causes of action should be sustained without leave to amend as Plaintiffs have failed to cure the previously‐adjudicated defects in their Original Complaint after the court granted them leave to amend. Defendant Will...

Excerpt: ...s incurred (Regional Steel Corp. vs. Superior Court (1994) 25 Cal. App. 4th 525, 528). Indemnity may arise from either of two general sources: by virtue of express contractual language establishing a duty in one party to save another harmless if specified circumstances occur; or it may find its source in equitable considerations brought into play by contractual language not specifically dealing with indemnification or by the equities of the parti...

Excerpt: ...ommercial lease agreement with Christopher and David Hoffman, which they breached. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v...

Excerpt: ...n, a party to those escrow instructions, or a third party beneficiary to the refinance transaction. There are no allegations that the escrow instructions required that CHICAGO TITLE make any inquiry or a payoff to BARCLAY, or that BARCLAY was considered in any aspect in the Escrow 3 instructions or writings. As a result, pursuant to Summit Financial Holdings, Ltd. vs. Continental Lawyers Title Co. (2002) 27 Cal. 4th 705, the SAC fails to state an...

Excerpt: ...iscovery Act specifically permits contention interrogatories with no time restriction. The motion is MOOT as to Special Interrogatories 2, 5 and 28 and numbers 4 and 30. Supplemental responses were provided very late, which identify the portion of the CC&Rs that provide the duty. The motion is GRANTED as to Special Interrogatories 7, 8, 9, 16, 17, and 18, 20, 21, 22. If Plaintiffs are not aware of any personal facts, and can only rely on expert o...

Excerpt: ...LC is entitled to inspect the cart. Defendant Club Car, LLC (“Defendant”) seeks an order permitting visual inspection and non‐ destructive testing of the subject golf cart. Plaintiffs claim that Defendant has already conducted an inspection. This argument has no merit. Plaintiffs did allow Defendant access to the cart before this action was filed. However, the fact that Plaintiffs allowed Defendant access Page 2 of 2 to the cart before this...

Excerpt: ...ers for relief contained in Plaintiff's First Amended Complaint (“FAC”) in paragraphs 35 (3rd cause of action), 45 (4th cause of action) and 55 (5th cause of action) and prayer for relief related to the 3rd , 4 th and 5th causes of action. A motion to strike lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central...

Excerpt: ...ers requiring her to respond. The court's orders directing Plaintiff to answer discovery were entered March 6, 2018. The court directed Plaintiff to serve verified responses without objection within 15 days and granted monetary sanctions. The notice of the court's ruling was mailed on March 8, 2018, for effective service on March 13, 2018. Therefore, Plaintiff was ordered to serve her responses on or before March 28, 2018. As of April 5, 2018, th...

Excerpt: ...es customarily charged by each attorney for that attorney's time during the period in which those services were performed, and (ii) the attorney's experience and expertise that justify such a rate. The declaration shall state whether the attorney has clients that pay that rate, and if so, the percentage of the attorney's clients that do so. If the attorney works exclusively on a contingency basis, the declaration shall explain the basis for the h...

Excerpt: ...tion provision in the operating agreement. For the following reasons, the motion is denied: The parties are involved in litigation with third parties arising out of related transactions that create the possibility of conflicting rulings on a common issue of law or fact. The court may refuse to compel arbitration where “[a] party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, aris...

Excerpt: ...rrence. Further, because the County establishes that it is reasonably probable it will prevail on the merits, there is a rebuttable presumption that the potential harm to the public outweighs the potential harm to the defendants. (See City of Corona v. AMG Outdoor Advertising, Inc. (2016) 244 Cal.App.4th 291, 299.) Thus, because neither BPL nor Corral argues that they will suffer any harm through the issuance of a preliminary injunction, there is...

Excerpt: ... of 3 More importantly, the Motion was not supported by declaration containing the information required under Rule 3.1324(b). The Motion is supported by the Declaration of Jessica R. Underwood, who indicates that Plaintiff was deposed on March 16, 2018 and testified as to Hurtado's involvement with the vehicle. However, the declaration does not state that the information was discovered at the deposition or why leave to amend was not sought earlie...

Excerpt: ...ongBeverly Act based upon the alleged defective “HVAC, SRS and electrical system.” (Compl. ¶¶ 17, 35, 46.) Now Plaintiff seeks leave to amend to add claims for fraudulent concealment and fraudulent inducement based upon another alleged defect, the Theta II engine. Plaintiff argues that “[a]s a result of Defendant's fraudulent misconduct, Plaintiffs purchased a defective automobile to their detriment. Plaintiffs have since experienced ...

Excerpt: ...) as the prevailing parties on their anti‐SLAPP motion. In opposition, Plaintiff asserts that there was no need to file 3 separate motions to strike, rather than just one. Defendants in reply stated they attempted to file a joint motion but it was rejected by the court as an entry of default had been entered against Sun Salt Sand. In addition, Defendants point out that only $985 .00 of the requested total was related to the second motion, which...

Excerpt: ...o bring the claim. As plaintiff notes, the Ex. 3 Endorsement establishes that BARCLAY was insured under the Policy, and except for stated conditions, is subject to all of the terms and provisions of the Policy. At Second Amended Complaint (SAC) §61, plaintiff alleges various reasons why it is entitled to coverage under the Policy and Endorsement. Plaintiff has adequately stated sufficient facts to alleged a cause of action for breach of contract...

Excerpt: ...l date of June 8, 2018, and at the same time discovery was reopened. The Hamodots have had sufficient time to prepare for trial. (A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068 [defendant named as a Doe defendant approximately one month before trial].) Overruled as to the first, second, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth causes of action, as well as defendants' challenge to the sufficiency of the a...

Excerpt: ...t it is not a party to the CC&Rs it is alleged to have breached by placing a lock on the entry door to the subject property. For the following reasons, the demurrer is granted without leave to amend: MCS is not a party to the CC&Rs. The First amended Complaint (“FAC”) is based upon the following allegations: “After obtaining the Subject Property through an assessment lien foreclosure sale, Plaintiff made substantial repairs and improvements...

Excerpt: ...tor of the Estate was issued by the State of Texas. Code of Civil Procedure section 1913(b) states that the authority of a personal representative “does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.” The disability of a for...

Excerpt: ... E.1.b to provide an attorney's estimate of the amount the class “could reasonably be expected to be awarded at trial, taking into account the likelihood of prevailing and other attendant risks.” There is also no estimate of the “recovery by the average class member” if the settlement is approved, as required by Section E.1.c, or the estimated high and low range, in the event that recovery varies. There is also no statement in compliance ...

Excerpt: ...l Code. The City determined petitioner was not entitled to an exemption, in part, because he operated a business, sought a profit, and did not own the horses at his ranch, even though the applicable code section provides for no such exclusions from the right to an exemption and implies, on its face, that the applicant operates a business because the exemption, once granted, allows the agriculture enterprise to operate without a business license. ...

Excerpt: ...t Plaintiff is seeking compensation for her portion of equity in the property rather than title. However, Plaintiff asserts a Quiet Title cause of action alleging that title should be quieted in her name, although the basis for this cause of action is unclear and not supported by the terms of the alleged implied contract. She also asserts that a constructive trust and/or resulting trust should be imposed upon the subject property. She does not, h...

Excerpt: ...is directed at written discovery requests. It appears, that those requests have been provided. In his reply, Plaintiff shifts to a different topic, a recent PMK deposition in which Plaintiff complains that Defendant's PMK may not be the PMK for certain issues and that the PMK failed to produce certain categories of documents that were requested to be produced at the deposition. The PMK deposition is not, however, the subject of this motion ...

Excerpt: ...intiff fails to do so, the Court may deem any facts as to which the plaintiff fails to comply as being undisputed. If the defendant feels that the revised separate statement requires a further response, the defendant may file an amended reply no later than June 1, 2018. Analysis: In an opposing separate statement, the opposing party must “describe the evidence that supports the position that the fact is controverted. Citation to the evidence in...

Excerpt: ...on that the defendant waived statutory notice. Were that the only issue, the hearing would have been continued. The primary reason for the denial of the motion is the plaintiff's failure to fully comply with the court's CMO#2. For instance:  ¶ H.1.b. requires counsel to estimate the recovery that could be awarded if the action were successful on all claims. Nowhere is that figure stated. Kim appears to estimate the potential recovery on discr...

Excerpt: ...l Procedure section 1019.5, forthwith. The gravamen of this complaint for: (1) quiet title, (2) violations of Business and Professions Code section 17200, (3) fraud, (4) breach of contract–renovation contract, (5) breach of contract‐quitclaim of property, (6) specific performance, (7) negligence, and (8) declaratory relief is that Defendants took advantage of Plaintiff's mental disability—bi‐polar disorder—by demanding full payment unde...

Excerpt: ... Action . . . .” Relying on that language, the plaintiff contends that she is not a member of that class because she filed the instant action in February of 2017, and thus she had a pending civil complaint at the time that the final judgment was entered in Watson on June 7, 2017. The Court is not persuaded. The exact same language is recited in the order granting preliminary approval. That order conditionally certified the class as thus defined...

Excerpt: ...e deposition went forward on May 1, 2018, but asserts that the Person Most Knowledgeable (“PMK”) failed to produce records requested by Plaintiffs which were identified by Mr. Cho and that Mr. Cho admitted that he had not searched for certain categories of documents. However, the reply states that the deposition of the PMK remains open subject to the production of additional documents and subject to the identification of some other individual...

Excerpt: ...sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. This is an employment harassment suit by Plaintiff Melissa Guzman against her prior employer Renaissance Hotel Management Company, LLC (“Marriott”). As part of Guzman's discovery process she served Requests for Production of Documents. She moves the court to compel further responses to RFPs No. 78 and 79 seeking access to certain ...

Excerpt: ... the plaintiff leave to file a First Amended Complaint that would delete two “background check” claims (under the Investigative Consumer Reporting Agencies Act [Civ. Code, § 1786, et seq.] and the Consumer Credit Reporting Agencies Act [Civ. Code, § 1785, et seq.]) and to add a claim for penalties under PAGA. The Court denied that request on 1‐24‐18, because (1) no proposed amended complaint had been submitted, and (2) no court approval...

Excerpt: ...ants Michael Labita and Kent Plank were aware of such practices and either approved, condoned, or ratified such conduct by failing to correct the practices after notification in 2011. There is also a triable issue of material fact as to whether sales distributors are independent contractors or employees. (See Undisputed Material Facts Nos. 5, 10, 12, 20, 20, 28, 24, 73, 75, 80, 90, and plaintiff's Additional Undisputed Material Facts Nos. 141‐1...

Excerpt: ...party or a complaint by a new party. It is not merely a request to participate in another lawsuit in some undefined way. Because this motion is not denied on the merits, the denial is without prejudice. ...

Excerpt: ... of DSS for leave to intervene. If the motion of DSS is granted, any renewed motion by Ikezawa shall explain why it is still necessary to grant her leave to intervene as well. Analysis: Ikezawa's interests in the defendant and in the defendant's property may be sufficient to justify intervention into this action. Even assuming that intervention is appropriate in the abstract, however, the Court is not persuaded that leave should be granted to her...

Excerpt: ... the issues in this case (i.e., regarding privileged Medical Executive Committee meetings, and with respect to several physicians that never cared for decedent; about Mr. Uffer's knowledge of other lawsuits from physicians (who were not involved in this action); and regarding the sexual relations of members of Corona Regional administration and medical staff). The information obtained is confidential and has the potential to cause Corona Regional...

Excerpt: ...longer resides. Section 410.50, subdivision (a) provides in part, “A general appearance by a party is equivalent to personal service of summons on such party.” “The Courts of Appeal have described the scope of actions in the litigation process which constitute a general appearance as follows: A general appearance occurs where a party, either directly or through counsel, participates in an action in some manner which recognizes the authority...

Excerpt: ... (1962) 207 Cal.App.2d 61, 67. A provision in a contract prohibiting an assignment does not preclude the assignment of money due or to become due under the contract, unless the contract explicitly prohibit such an assignment. Id. at 67‐69. Courts strictly construe assignments and place certain limitations on them because of the strong public policy in favor of the free transferability of property. Id. at 68. Prudential argues that the language ...

Excerpt: ...ns of Plaintiffs' counsel and the targeted solicitation allegedly sent to Plaintiffs may potentially violate obligations, particularly the Rules of Professional Conduct, the documents/information sought by the subpoena and the origin of the relationship between Plaintiffs and their attorney of record are not relevant to any claim or defense in the present action and are not reasonably calculated to lead to the discovery of admissible information....

Excerpt: ...ay or needless increase in the cost of litigation or that Wesco's claims and other legal contentions are not warranted by existing law or by a nonfrivolous argument for the extension or change in existing law. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to sanctions for violation of this certification. (Code ...

Excerpt: ...ccessfully challenged the City's failure to consider and act on Page 4 of 7 its Application for Class 1 Historic Site Designation of the Schwartz Residence. Foundation asserts that its suit against City was the catalyst for City acting on the Application that was ultimately approved unanimously by the Palm Springs City Council. Foundation further alleges that as a result, Foundation conferred a significant benefit on the public generally and the ...

Excerpt: ...aint alleges that Defendant Tribbett attacked Santighian, kicking, punching and knocking him unconscious resulting in injury. Santighian asserts that his health supports a granting of this motion. In support of his motion, Santighian filed the declaration of his attorney that states that he has reviewed Santighian's medical records related to two surgeries, since 2011, to remove colon cancer and has been assessed as a high fall risk due to both h...

Excerpt: ...d herein. No Sanctions are awarded. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Defendant O & M asserts as an affirmative defense, the defense of unclean hands on the grounds that Plaintiff City of Palm Springs selectively chose only to initiate a Government Code section1090 action involving the Prairie Schooner property at issue in this case and not any of the other potential projects/contracts that...

Excerpt: ...ond offer is vague in light of the first offer and thus, is construed against Defendant. (Chen v. Interinsurance Exch. of Auto Club (2008) 164 Cal.App.4th 117, 122.) Plaintiff was the prevailing party. Under CCP § 998, if an offer made by defendant is not accepted and plaintiff fails to obtain a more favorable judgment or award, the plaintiff may not recover his or her post‐offer costs and must pay the defendant's costs from the time of the of...

Excerpt: ...e of court. (Code Civ. Proc. § 2030.310(a).) The motion to withdraw admissions is denied for being untimely. A motion for relief from admissions is a discovery motion which must be filed at least 15 days prior to the initial trial date, unless the party has first filed a motion to have his discovery motion heard after the discovery motion cutoff, which Plaintiff has not done. The Court notes that the evidentiary objections and request for discov...

Excerpt: ...egligence, (2) assault and battery, (3) false arrest, (4) false imprisonment and (5) emotional distress arises out of Plaintiff Tamara Pytel's arrest by Defendant RCSO Nelson while Plaintiff was at home. Plaintiff alleges that she was falsely arrested for being under the influence of an illegal stimulant while she was experiencing withdrawal symptoms caused by not taking her prescription medication for depression and anxiety; that she was transpo...

Excerpt: ...h PPSM‐70. Petitioner's argument that he is not challenging the termination of his employment but is only challenging the Title IX investigation is unavailing. The Title IX investigation and Final Report do not constitute a final administrative decision upon which a writ of administrative mandate may be issued. See CCP § 1094.5(a); Security Nat. Guar., Inc. v. California Coastal Com'n (2008) 159 Cal.App.4th 402, 415 (CCP § 1094.5 “permits c...

Excerpt: ...hould be excused from his failure to ask for oral argument in compliance with local rule. Specifically, he indicates that if he could have argued, he had additional information for the court to consider. He did not explain why he did not provide the additional information in his Reply. ...

Excerpt: ...d to amend and control its process and orders so as to make them conform to law and justice. Landis vs. North American Co. 299 U.S. 248, 254 (1936) provides the power to stay proceedings in incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants). In Johnson vs. American Airlines, Inc. (1984) 157 Cal. App. 3d 427, the court de...

Excerpt: ...ging that he increased the risk to himself and the public by driving while intoxicated and, despite this knowledge, defendant drove the vehicle which plaintiff alleges caused the accident. (Complaint, ¶¶ 11‐ 12.) Prevailing party to give notice. Prevailing party to give notice. ...

Excerpt: ...ndant's right to appear in in the action, and a defendant has no right to participate in the proceedings until either his or her default is set aside or default judgment is entered. See Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385‐86. Thus, the entry of default deprives the court of jurisdiction to consider any motion other than a motion for relief from default. W.A. Rose Co. v. Municipal Court (1959) 176 Cal.App....

Excerpt: ...an male of approximately 50 years of age, 5'8” 150 pounds with salt and pepper hair “Person in Charge” at 290 Broadhollow Road, Suite 301, Melville NY 11747 on 2/23/18 at 10:43 a.m. The Proof of Service (“PoS”) states that it was served by James D. Cozens‐ Sano Attorney Service, P.O. Box 1568, Riverside, CA 92502 and states he is a registered California process server, Registration No. 0847484, but lists County as Suffolk County, whic...

Excerpt: ...ith and Fair Dealing is based upon allegations that after Plaintiff Dreyfus had invested substantial funds and efforts in establishing Coachella Valley Growers, LLC and CV Pharms, Defendant Elsasser took advantage of a severe illness that rendered Dreyfus hospitalized and unable to participate in the business operations; that during this time, Elsasser engaged in a scheme to seize control of their business, exploit the Conditional Use Permit (“...

Excerpt: ...dent. Taylor filed his Answer and Cross‐Complaint on 12/27/17 alleging that he was not the owner of the car and to the extent that his name was on the title, it was the result of elder abuse by Cyress Coast Nissan, Inc. and his son. On February 13, 2018, Dean Taylor passed away before his motion for trial preference could be heard. Dean Taylor's wife, Barbara Taylor substituted in as successor in interest and now moves for a trial preference ba...

Excerpt: ...o authority was provided to the Court that a general allegation of ownership and/or control is insufficient for pleading purposes. A Complaint is not defective because of an allegation of joint ownership and control. (More v. City of San Bernardino (1931) 118 Cal.App. 732, 737. Gov. Code § 830(c).) Less particularity is required where the defendant may be assumed to possess knowledge superior to that possessed by the plaintiff. Finally, the Comp...