Excerpt: ...elief demanded determines the applicability of the statute of limitations under our code.' " (Hensler v. City of Glendale (1994) 8 Cal.4th 1, 22—23.) Thus, the court will follow Hensler and focus on the gravamen of each cause of action. Song-Beverly: For the Song-Beverly and breach of express warranw, the delivery date is irrelevant, because Plaintiffs discovered the defect within 1-2 weeks of purchase, i.e. 9/24/17-10/1/17. Yet, Plaintiffs did...

Excerpt: ...nstrument. Specifically, Plaintiff alleges he purchased the property and as a result of undue influence by Defendants Mat and Laurel Thomas, executed a grant deed transferring the property to him and Defendants as joint tenants. In response, Defendants filed their Cross-complaint alleging causes of action for partition, accounting, constructive trust and money had received. They contend that in August 2015, Plaintiff approached Defendant and stat...

Excerpt: ...tiff alleges that Defendant, Trulieve (founded by Defendant, Kim Rivers) has operated a chain of retail marijuana dispensaries throughout the U.S. Plaintiff alleges that Ms. Rivers is the CEO and Chairman of Trulieve and/or its parent company, and is a significant shareholder who effectively controls the business. Before the alleged events herein, Ms. Rivers partnered in the ownership and management of Trulieve with Benjamin Atkins — Plaintiff'...

Excerpt: ...eadings should be settled by that date. All parties shall file updated CMC statements prior to that date. Factual / Procedural Context: On March 22, 2023, Plaintiff, Levira Pickett ("Plaintiff") filed the Complaint in this action against Defendant, Mission Ambulance, Inc. ("Defendant") asserting causes of action for medical negligence and elder abuse. Plaintiff alleges that at the time of the incident, she was 93 years old and had a fractured rig...

Excerpt: ...ting relevance and specific facts justifying discovery. (CCP Kirkland v. Sup. Ct. (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production "is met simply by a fact-s#cific showng of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the responding party has the burden to justify any objections. (Kirkland, supra, 25 Cal.App.4th at 98.) l. he Discovery at Issue Is Relev...

Excerpt: ....P. 52025.280(a).) Pursuant to C.C.P. 52025.450(a), where a party fails to appear, without a valid objection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be accompanied by a meet and confer declaration under C.C.P. 52016.040. (C.C.P. 52025.450(b).) Evaluating whether a "reasonable and faith attempt" to meet and confer was ma...

Excerpt: ... to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence." A p...

Excerpt: ...oos Fire Protecton (2012) 53 Cal.4th 1244, 1248 [prevailing party may recover attorney's fees only when a statute or contract provides for fee shiftingl.) Accordingly, Plaintiff's request for attorney's fees in the amount of $28,722.72 is denied. Plaintiffs indicate that they continued to pay half the mortgage payment for the Property for 18 months in the total amount of $15,118.92 while Defendant failed to make any payment. The only support for ...

Excerpt: ...lege that Defendant Marc Alan Ewingregan ("Defendant") was driving while intoxicated when he drove his vehicle into the vehicle in which Plaintiff Hector was driving and Plaintiff Ava was a passenger, causing damage and injuries to both Plaintiffs. Plaintiffs assert claims for negligence and motor vehicle negligence, and seeks punitive damages against Defendant. In his demurrer, Defendant argues the "cause of action" for punitive damages fails to...

Excerpt: ...5 after hearing. Plaintiff Oasis Independent Medical Inc. ("Plaintiff" or "Desert Oasis") filed the Complaint in this action on October 6, 2023, against Defendants, Job Lopez, Nurse Practitioner ("NP Lopez"); Juan M. Acosta, M.D. ("Dr. Acosta"); Coachella Valley Medical Group IPA Inc. ("CVMG"); Francisco Cordova, M.D. ("Dr. Cordova"); Carlos Lopez, M.D. ("Dr. Lopez"), and CoachellaMed. The Complaint sets forth seven causes of action: (1) Breach o...

Excerpt: ...acific Dental Services, LLC ("PDS") and administered by Blue Cross of California ("Blue Cross"). Prior to having procedures performed, Plaintiff contacted PDS and Blue Cross and received information that Aquino had insurance coverage. Based on the information provided, Plaintiff provided services to Aquino. When it submitted claims to Blue Cross and PDS, it was reimbursed at a significantly lower rate. The First Amended Complaint ("FAC") asserts ...

Excerpt: ...N, INC. (ERRONEOUSLY SUED AS HONEYCOMB INVESTMENT & LOAN, INC.) demur to Plaintiff's complaint for uncertainty and failure to state a cause of action, Causes of Action 2-9, because the Honeycomb entities were not incorporated or formed until after the purchase agreement was executed by the parties on 1/18/22. The Court rejects this contention, as the Purchase Agreement states that Honeycomb was the brokerage firm acting on behalf of both Sellers ...

Excerpt: ...oral arguments will be heard 11/29/23). A general demurrer lies where the pleading does not state facts sufficient to consttute a cause of action. (C.C.P. S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have...

Excerpt: ...la
Ÿng to the subject of the ac
Ÿon and is so situated that the disposi
Ÿon of the ac
Ÿon in his absence may (i) as a prac
Ÿcal ma
©er impair or impede his ability to protect that interest or (ii) leave any of the persons already par
Ÿes subject to a substan
Ÿal risk of incurring double, mul
Ÿple, or otherwise inconsistent obliga
Ÿons by reason of his claimed interest. If he has not been so joined, the court shall order that he be made ...

Excerpt: ... court. [See CCP S 1048] The purpose is to enhance trial court efficiency (i.e„ to avoid unnecessary duplication of evidence and procedures); and to avoid the substantial danger of inconsistent adjudications (i.e., different results because tried before different juries, or a judge and jury, etc.). [See Todd-Stenberg v. Dalkon Shield Claimants Trust (1996) 48 CA4th 976, 978-979, 56 CR2d 16, 17- 18] By statute, "(w)hen actions involving a common...

Excerpt: ...lment; and (5) Public Nuisance. On July 24, 2023, this Court ordered Plaintiff to pay $5W.OO for failure to appear at a June 23, 2023 trial setting conference, and an additional $51% for the failure to participate in the drafting of a joint trial statute conference statement (Declaration of Shelan Toma, 93, Ex. A — Notice of Ruling), and $560 further on September 12, 2023 to be paid jointly and severally by Plaintiff's counsel and Plaintiff for...

Excerpt: ...ckson argues that punitive and exemplary damages should be stricken under Code of Civil Procedure section 436 because the facts pleaded are insufficient to support a claim of oppression, fraud, or malice. The Court disagrees. The allegations are specific and they, and inferences that may drawn from them, are sufficient to survive the moton to strike. The Complaint pleads that on the night of the accident Jackson, who lost his license as a result ...

Excerpt: ...ith Defendant, Volkswagen Group of America, Inc., about their 2019 Volkswagen Jetta. Plaintiff allege they revoked acceptance of the subject vehicle under the Song Beverly Act (SBA) due to defects and nonconformities that manifested within the warranty period including body defects, engine defects, electrical defects, among others. The alleged defects impair the use, value, or safety of the vehicle making it worthless. Defendant, VWGOA, was unabl...

Excerpt: ... Marshall's wife, Plaintiff Eaton, sued EMC and its alleged administrator, Martin Massiello alleging: (1) dependent adult elder abuse (Welt & Inst. Code 515600, et seq.); (2) Medical Malpractice Survival Action (Code Civ. Proc., 5377.20); (3) Willful Misconduct; (4) Negligent Infliction of Emotional Distress; and (5) Wrongful Death. Massiello demurrers to the First Amended Complaint and all causes alleged against him on the basis that it fails to...

Excerpt: ...mann, a registered Civil Engineer, particularly on grounds of lack of foundation, hearsay, lack of personal knowledge, speculation and improper bases for opinion. These objections are overruled. Caltrans' objections to Zacheis' evidence Objections to Plaintiff's Documentary Evidence Caltrans makes 11 objections (Objections 1-11) to Plaintiff's evidence, asto Exhibits B, C, D, E H, l, N, P, Q, and T primarily on grounds of no authentication, impro...

Excerpt: ...to arbitrate the dispute covered by the agreement. (C.C.P. S 1281.2.) There is a strong public policy in favor of arbitration agreements." (Blake v. Ecker (2CM) 93 Cal.App.4th 728, 741.) Upon the petition/moton of a party to an agreement to arbitrate, the court must grant a petition to compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for rescission of the ...

Excerpt: ...hase date of the subject vehicle on September 3, 2019, to the filing of the instant achon on May 18, 2023). Responding party is also ordered to pay sanctions in the amount of payable to moving party's counsel within 30 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a lemon law case. On September 3, 2019, Plaintiff purchased a 2019 GMC Sierra 15W, which was manufactured and warranted by Defendant....

Excerpt: ...edical examinations or doctors' notes related to the subject incident or prior shoulder injuries could issue likely without being quashed. The remaining records, including job application, leaves of absence, health benefits, performance evaluations and disciplinary records, are not directly relevant to any issues raised by the Complaint. Plaintiff is awarded $1,635 in sanctions. These sanctions reflect a more reasonable rate for discovery. The ar...

Excerpt: ...ate they seek $690.60 for witness fees for Michael Wasco. Mr. Wasco is not identified as an expert. Defendants also fail to provide how many days he was made available as a witness or how many miles he traveled. As discussed above, witness fees are $35 a day and travel costs are $0.20 a mile actually traveled by the witness. Defendants indicate that part or the $590.50 incurred by Defendants was to compensate Mr. Wasco for his lost wages. These a...

Excerpt: ...Group ("EMC") for, among other things, negligence, premises liability, loss of consortium, and negligent infliction of emotional distress. Plaintiffs allege that on April 22, 2017, Victoria was pushing Bernard on his walker through the premises of EMC, and the walker caught on a raised area at the entry to the parking lot, causing Bernard to fall backward and hit his head on the pavement. (Complaint at '1 12.) In December 2020, Bernard was depose...

Excerpt: ...ut all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP S 436.) On a motion to strike, as with a demurrer, "the court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." (Washington Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984, n. 2.) A motion to str...

Excerpt: ...to allege in a cross-complaint any related cause of action which (at the time of serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other achon assert against the plaintiff the related cause of action not pleaded. A "related cause of action" is defined under CCP S 426.10(c) as, "a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as t...

Excerpt: ...or interference with contractual relationships to the existing complaint against Laverne Dewald ("Dewald"), Brian Davis ("Davis"), Paul Jones ("Jones"), Joe Tucker ("Tucker") and Tom Salinas ("Salinas"). In reviewing the prior motion, the court found that the proposed amended complaint failed to allege any facts to support "wrongful conduct" by the defendants as the formation of a competing softball league does not constitute wrongful conduct, bu...

Excerpt: ...swer, judgment was entered in favor of plaintiff Jason Rubin ("Judgment Creditor") and against defendant David Ross ("Judgment Debtor") in the amount of $1,439,178. In 2019, after the Judgment Debtor was denied discharge in bankruptcy court, Judgment Creditor renewed the Judgment in the amount of $3,962,133.27. On June 24, 2023, Judgment Creditor served his first set of requests for production of documents and s#cial interrogatories. On August 11...

Excerpt: ...9 while incarcerated in Riverside County jails. The Complaint was filed on 1/10/23 via form complaint with the "general negligence" box checked and an attachment labeled general negligence which makes reference to the Bane Act, Civ Code S 52.1(c), Gov. Code S 844.6(d) and failure to protect under the 8th Amendment. Defendant contends that this action is barred by res judicata and/or collateral estoppel. They assert that Plaintiff was a plaintiff ...

Excerpt: ...ved from the Equestrian Center. CLPOA terminated the contract effective on or about August 10, 2020. Gardner failed to remove his horse from CLPOA's Equestrian Center until about 7 months thereafter. All the while, CLPOA housed, fed, watered and otherwise sheltered Gardner's horse, at CLPOA's expense, even as the reputation of the Equestrian Center and CLPOA's authority to enforce its Governing Documents was being undermined. On September 22, 202...

Excerpt: ...ot return her money. On September 14, 2022, Plaintiff filed her complaint alleging claim for medical negligence. Defendant Erik Sahl, D.D.S. ("Dr. Sahl") has now filed three (3) separate motions to compel further responses. As to Form Interrogatories, Set One, Dr. Sahl seeks an order finding Plaintiff has waived all objections, waived the option of producing writings, and seeking to compel further verified responses to Nos. 2.3, 2.4, 14.1, and 17...

Excerpt: ...the declarations of Maria Diaz and Ernesto Garc:ia. The declaration of Maria Diaz declares as follows: • She is Defendant's HR Director. • On December 15, 2017, in connection with his onboarding with NP, Plaintiff signed a Mutual Arbitration Agreement, attached as Ex. A. • On August 10 2021, Plaintiff signed an updated agreement, attached as Ex. B. • On April 15, 2022, Plaintiff signed another updated agreement attached as Ex. C. • The ...

Excerpt: ...wned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff, Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep ft. City also informed Plaintiff that they would give him a 20-year lease with two 10-year options to extend. In June 2014, RASI delivered a bill of sale for th...

Excerpt: ...roaching vehicles to slow and/or swerve to avoid it. Plaintiffs allege they rear-ended a vehicle in front of them, Defendants Jose Luis Cuellar Beltran ("Beltran") and Barillas Trucking, Inc. ("8Tl") rearended Plaintiffs, and another vehicle (the Padilla vehicle) also struck Plaintiffs' vehicle, which came to rest on its right side. Plaintiffs filed their Complaint on 4/24/19 alleging a single cause of achon for motor vehicle and general negligen...

Excerpt: ...l Fathers Rights ("RFR") and Mark A. Reel, Jr. ("Mr. Reel") (collectively, "Defendants"). On 3/17/2023, Plaintiff filed a Complaint against Defendants, alleging (1) failure to engage in interactive process; (2) failure to accommodate; (3) disability discrimination; (4) retaliation (FEHA); (5) retaliation (Labor Code S 1102.5); (5) harassment; (7) failure to prevent discrimination, harassment, and retaliation; (8) wrongful termination in violation...

Excerpt: ... and 8th (wrongful termination) causes of action without leave to amend. The Court sustains the demurrer to the 9th (failure to pay minimum wages) and 10th (intentional infliction of emotional distress) causes of achon with 30 days leave to amend. The Court grants the motion to strike punitive damages as to CXR without leave to amend. The Court grants the motion to strike as to Stevens, with 30 days leave to amend. Factual / Procedural Context: O...

Excerpt: ...heir Complaint against Defendants Ford Motor Company ("FMC") and Palm Springs Motors Inc. ("Palm") (collectively, "Defendants"), alleging (1) Violation of Civ. Code S 1793.2(d) of SongBeverly Act (against FMC), (2) Violation of Civ. Code S 1793.2(b) of Song-Beverly Act (against FMC); (3) Violation of Civ. Code S 1793.2(a)(3) of Song-Beverly Act (against FMC); (4) Breach of the Implied Warranty of Merchantability (against FMC); (5) Fraudulent Indu...

Excerpt: ...A S 502(a), 29 U.S.C. S 1132. Conflict preemption does not apply under ERISA S 514, 29 U.S.C. S 1144, since Plaintiff's claims here for implied contract, misrepresentation, negligence and quantum meruit are based on alleged oral representations made by United's employee regarding a promise to pay for services provided by the Surgery Institute. While the Plan may be the initial step in the causation chain, in that the alleged misrepresentations we...

Excerpt: ... are barred by res judicata, and the Complaint is insuffcient to state a cause of action. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., 5430.10(e).) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and ma...

Excerpt: ...n for judgment on the pleadings have not all been addressed. The first cause of action for breach of written contract is based on the "contract" attached as Exhibit Ato the FAC. It is not clear that this is a contract at all, but assuming it was intended to be a contract, it is not clear from the pleadings or the fact of this document what the essential features of the agreement were and whether there was a meeting of the minds. Although is clear...

Excerpt: ...1038 is authorized on the granting of a moton for summary judgment or other dispositive motion at trial. (C.C.P., S 1038(d).) "The plain purpose of section 1038 is to discourage frivolous lawsuits against public entities by providing public entities with an alternative remedy to a constitutionally proscribed action for malicious prosecution." (Gamble v. Los Angeles Dept. of Water and Power (2002) 97 Cal.App.4th 253, 258—259.) To support an awar...

Excerpt: ... Setting Conference (TSC) with both counsel ordered to file joint TSC declaration 10 days prior to hearing and OSC set for same date and time for failure to comply with court order. Moving party to provide notice pursuant to CCP 1019.5. On January 17, 2023, petitioner/ plaintiff Jags Care ("Jags Care"; "Jags"; or "Plaintiff") filed the Verified Petition for Writ of Mandate and Complaint against the County of Riverside ("the County" or "Defendant"...

Excerpt: ...3, ruling in Kielar v. Superior Court of Placer County (2023) 94 Cal.App.5th 614. In opposition, Defendant asserts that Plaintiff's motion is entirely untimely and procedurally improper, as Plaintiffs ask this Court to change its ruling from nearly two years ago from November 18, 2021. Further, the cases that Plaintiff relies on not only do not overturn the ruling in Felisilda, at best they create a split in authority, but are also distinguishabl...

Excerpt: ...ited to the record. He argues the owner of an entity does not own the entity's assets or interests. Petitioner responds that California Public Resources Code section 21167.5.5(a) requires the petitioner to name any parties that received an approval. It argues that this was not frivolous to demonstrate malicious prosecution, to which Hasso fails to establish. It argues the issue is whether the naming of Hasso was improper, not whether he should ha...

Excerpt: ...inly has notice of the prior discovery rulings now. The Court orders Plaintiff to provide responses within 20 days of notice of this order. If no responses are provided following notice, the Court shall permit Defendants to file an additional motion for sanctions. Factual / Proc:edural Context: Plaintiff Suresh Kamble as Trustee of the Settler's Living Trust ("Plaintiff") filed the complaint (the "Complaint") in this action on August 16, 2022 aga...

Excerpt: ...s LLC. She alleges that Defendant's employee, Defendant Kirshawn Ratuita sexually harassed and assaulted her during her employment between the end of December, 2021 and on or about 12/31/212, and that when she complained, she was retaliated against and was left with no choice but to resign in February, 2022. She filed this Complaint on 7/19/23 alleging various employment claims including sexual harassment, sexual assault, gender discrimination, f...

Excerpt: ...model as Plaintiff's that were sold within California. Number 41 was also granted. On 5/12/23, Defendant provided supplemental responses and served documents to numbers 16, 19-21 and 41. Plaintiff seeks and order to compel Defendant's compliance with the 3/29/23 order. Plaintiff argues Defendant's 5/12/23 responses were still insufficient and many documents were not produced. Plaintiff contends that Defendant did not any backup internal investiga...

Excerpt: ... following grounds: (1) "A statement of compliance with the demand is incomplete"; (2) "A representation of inability to comply is inadequate, incomplete, or evasive"; or (3) "An objection in response is without merit or too general." (Code Page 4 of 5 Civ. Proc., S 2031.310(a).) However, unlike any motions to compel responses of other forms of written discovery, the motion to compel further responses to RFPs must set forth specific facts showing...

Excerpt: ...e vehicle was sold with bumper-to-bumper and other express warranties. Plaintiff alleges that during the warranty period, the Subject Vehicle developed nonconformities, including transmission, engine and structural issues. Plaintiff asserts that, despite its inability to repair the Subject Vehicle, Defendant refused to repurchase the vehicle in violation of the Song Beverly Consumer Warranties Act ("Song Beverly Ac"). Plaintiff also alleges that ...

Excerpt: ...t. (CCP S 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) Once the plaintiff has made such a showing, the burden shifts to the defendant to produce admissible evidence showing that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP S 437c(p)(1); Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554, 565.) If the defendant does not mak...

Excerpt: ...tiff alleges that on August 21, 2019, he lent $570,0W to Defendant, and the parties entered into a promissory note for that amount. (Complaint at '18.) The note is attached to the Complaint as Exh. A. The maturity date on the note was August 21, 20261 , and no other payments were due prior thereto, except that Defendant was required to use any distribution he received from TV8G Ventures, LLC ("TV8G") to pay down the loan until it was paid off. (C...

Excerpt: ...ituting the cause of action, in ordinary and concise language." (Code Civ. Proc„ S 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. 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, so...

Excerpt: ...nd that petitioners failed to exhaust administrative remedies. Further, City argues that the finalization of the master plan was not a project and any challenge must have been brought after the NOD was issued on October 8, 2021. Petitioners argue both that the 180 day limitations not the 30 day period apply and that the statute began to run on February 1, 2022 when the City Council approved the master plan and map. " 'Questions concerning whether...

Excerpt: ...rrantor" and that HMA violated that Song Beverly Act by failing to conform the Vehicle to the express written warranties within a reasonable number of attempts (Comp.,'1 12, 15), Plaintiff does not actually allege that HMA provided any express warrantes to Plaintiff covering the Vehicle. There are no facts showing the warranty period. Nor does the Complaint allege any specific nonconformity. The Complaint provides conclusory allegations only that...

Excerpt: ... before the condominium was damaged in a fire. On November 19, 2021, Plaintiffs filed a Complaint against FN8A alleging breach of contract and negligence related to FN8A's failure to timely pay Plaintiffs' homeowners' insurance premiums. Thereafter, FNBA filed a Cross-complaint against Rockledge Gardens Condominium Association ("Rockledge") and the home insurance carrier, Amica Mutual Insurance ("Amice") seeking to recover attorney's fees and lit...

Excerpt: ...torney alleged that Petitioner had violated the terms of his probation. (ld. at '1 2, Ex. A at 3.) On 10/21/2020, Petitioner appeared in court for the probation revocation hearing, where he was represented by the public defender's office. (ld. at 2, Ex. A at 2, 10.) That day, the trial judge found Petitioner violated the terms of his probation and revoked his probation and the original five-year sentence. (ld. at '1 2, Ex. A at 2.) On 7/5/2023, P...

Excerpt: ...A. ("MA Travis") (collectively, "Defendants") (because multiple people share a last name, they are referred to "by their first names to avoid any confusion. No disrespect is intended." (Rouland v. Pacific Specialty Ins. Co. (2013) 220 Cal.App.4th 280, 283). Plaintiffs allege Defendants failed to timely refer Chona to an endocrinologist and failed to prescribe the correct medication resulting in their damages. On July 25, 2022, Plaintiffs filed th...

Excerpt: ...e lane line and were not visible to Plaintiff. Plaintiff contends that said lane dividers created a dangerous condition and there was no warning of the dangerous condition. He asserts one cause of action against the City of Corona ("City") for dangerous condition of public property. City brings this motion for summary judgment. It contends there is no dangerous condition of public policy because the lane dividers, referred to as Botts' Dots, were...

Excerpt: ... during the relevant time frame]. Request 33- Any and all audio or video tape recordings involving any discussions concerning the SUBJECT VEHICLE. Request 66- YOUR dealership agreement with Moss Bros. Chrysler Dodge Jeep Ram Riverside, in Riverside, California. These requests specifically relate to the subject vehicle, the repair facility and/or the warrant and procedures directly related to the vehicle. FCA fails to justify its objections (RFP 8...

Excerpt: ... special interrogatories on Defendant seeking financial information and records. (Yost Decl. at "13-5.) On August 11, 2023, Defendant served objections to the discovery, in which he allegedly complained about actions taken by Plaintiff and his counsel during the course of the litigation and beyond. (Yost Decl. at 6-8.) Plaintiff contacted Defendant and requested that Defendant agree to seal those portions of the objections, and Defendant refused....

Excerpt: ...tion regarding the allegedly negligent handling of the funeral services and cremation of her son, Ogburn v. Harrison-Ross Mortuary and Harrison-Ross Funeral Home, Case No. RIC1901398 ("Negligence Acton"). Plaintiff alleged that after her son's body was released to the Evans Brown Mortuary ("Evans Brown") pursuant to an order signed by Plaintiff as the decedent's mother, Patricia Monice Larry ("Larry"), who claimed to be the decedent's wife, order...

Excerpt: ...ndoza and the Court set a Trial Setting Conference for May 9, 2023. At the May 9th TSC, there was no appearance by plaintiff or plaintiffs counsel. The Court continued the TSCto June 14, 2023 and set an order to show cause re: sanctons. On June 14th the Court held the TSC and OSC, at which Plaintiff did not appear and the Court's Minute Order reflected that defense counsel reported there has been minimal contact with plaintiffs counsel in the las...

Excerpt: ...eatment for COVID, Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, Page 4 of 7 but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "D...

Excerpt: ... DEMURRER Goldenvoice served and filed its demurrer less than 16 court days prior to the hearing. (C.C.P., S 1005(b).) However, Plaintiff arguably waived any defect in the service and filing by filing a substantive response on the merits. (Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7; Carlton v. Quint (20m) 77 Cal.App.4th 690, 697.) Accordingly, the court may give due consideration to the demurrer. MERITS A general demurrer lies where the p...

Excerpt: ...ess. {FAC, "1 11, 20.} The only remaining issue in this demurrer is the second cause of achon for battery. The tort of battery is an intentional and offensive touching of a person who has not consented to the touching. (Conte v. Girard Orthopaedic Surgeons Med. Group, Inc. (2CG) 107 Cal.App.4th 1250, 1265.) "The essential elements of a cause of action for battery are: (1) defendant touched plaintiff, or caused plaintiff to be touched, with the in...

Excerpt: ...erruled. The complaint sufficiently alleges that plaintiff was employed by both Medcare Farms and Medcare 2.0. Nor is it required that the complaint allege "specific allegations of fact as to why the Court should consider those separate employers to be considered joint employers" as defendant Medcare contends. These would be evidentiary facts, which are not required. The rules of pleading only require ultimate facts to be alleged; evidentiary fac...

Excerpt: ...feco as part of an insurance claim, made contradictory statements about the cause of the property damage "rais[ing] serious concerns about the objectivity and integrity of SAFECO'S investigation and HAAG Engineering's conduct." {FAC '1 30.} The fourth cause of action for negligence and fifth cause of action for violation of Business and Professions code 17200 are brought as against HAAG and all other defendants. As the demurrer correctly argues, ...

Excerpt: ...ward Financing, LLC, and when that party breached, Defendant filed an arbitration proceeding. The arbitrator awarded Defendant $33,784.30, which Defendant filed a petition to confirm (CVRI 2100121), and the court granted. Plaintiffs first learned of the agreement when they received notice of entry of judgment. Defendant specially moves to strike the complaint on the grounds that it is trying to enforce a judgment, and therefore protected by the l...

Excerpt: ...nc. ("MORryde"). On July 07, 2021, Plaintiffs filed their Complaint, naming Jayco and MORryde as Defendants, alleging the following causes of action: (1) Strict Liability; (2) Negligent Product Liability; (3) Breach of Warranty; and (4) Negligence — Personal Injuries. MORryde now moves for a protective order precluding Plaintiffs from taking the deposition of its secretary and CFO, Rodney Moore, who is described as an "apex" witness, and also s...

Excerpt: ...All parties and their counsel must regard the date set for trial as certain." Cal Rules of Ct 3.1332(a). In ruling on a moton to continue the trial, the court will look at the factors set forth in Cal Rules of Ct 3.1332(c)—(d). The trial court has wide discretion in deciding whether to grant or deny a continuance, and its decision will be reversed only when an abuse of discretion is clear. Link v Cater (1998) 60 CA4th 1315, 1321. The denial of ...

Excerpt: ...Property") but that Defendant breached the Agreement and refused to sell the Property. (Complaint, "1 4, 8-10.) The Complaint sets forth claims for breach of contract and declaratory relief and seeks specific performance. Plaintiffs complaint was filed on 9/10/21. According to the proof of service filed on 11/4/21, Defendant was personally served with the Complaint at the Property on 10/15/21. Defendant failed to file a timely answer to the Compl...

Excerpt: ...ornia (the "Property"). (Comp'. "14—5.) In September 2022, Davis, as the Sellers' agent, listed the Property for sale. (ld. at 9.) Based on the listing, Plaintiff Kevin Williams Page 11 of 13 ("Plaintiff") contacted Davis and asked about the listing price of nearly and Davis allegedly told Plaintiff that the Sellers would be willing to carry back a sizeable loan secured by a second deed of trust, which would allow Plaintiff to purchase the Prop...

Excerpt: ...on stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-957.) l. Overrule the Demurrer to the 5th Cause of Action for Fraudulent Inducement—concealment A. Specificity The elements of an action for...

Excerpt: ...xs. "1" "2", but DENY judicial notice of the declaration in support of a MSJ (Ex. "3") is GRANTED. The Demurrer is SUSTAINED for the following reasons without leave to amend: First, there is no standing. Moving Defendants argue that Plaintiff lacks standing the Chapter 7 bankruptcy trustee has not yet abandoned the property, which means the trustee is the real party in interest, not Plaintiff. "The widely accepted rule is that after a person file...

Excerpt: ...e Security Act of 1974 (ERISA), Congress included two distinct and powerful preemption provisions: complete preemption under ERISA S 502, 29 U.S.C. S 1132, and conflict preemption under ERISA S 514, 29 U.S.C. S 1144. A state law claim is completely preempted if an individual, at some point in time, could have brought his claim under ERISA S and . there is no other independent legal duty that is implicated by a defendant's actions." (Aetna Health ...

Excerpt: ...racey, Ill and Gina Tracey, individually and as successorsin-interest to JOSEPH THOMAS TRACY IV ("Plaintiffs"), allege that Defendants Riverside Sheriffs Deputy SM TH #5198, Riverside County Sheriffs Investigator PORRAZZO #3299, Hemet Police Department Sergeant PAEZ #10459, and Riverside Police Department KERR #1697 (collectively, "Defendants" or "Hemet Defendants") ambushed JOSEPH TRACY IV ("Tracy' or "Decedent"), which caused him to flee. (Seco...

Excerpt: ...the lease for the Property between the parties. However, the document is only by Plaintiff Taylor and is disputed by Defendant. Thus, the request is denied. Evid. Code S 452. A motion for judgment on the pleadings has the same function as a general demurrer and the same rules govern, except as provided by C.C.P. 5438. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) C.C.P. 5438 sets forth the grounds and procedures for the motion...

Excerpt: ...est for Judicial Notice is granted. The objections to the Declaration of Larry Michael Aubry are overruled. Factual and procedural background: Defendant is the Trustee of the Styliani Aubry Separate Property Trust ("Aubry") has, at all relevant times owned that certain residential property located at 47526 Calle Rosarito, Indio, California, (the "Property"), which is located inside Plaintiff's gated community named "Las arisas North" and Plaintif...

Excerpt: ...ip or burden. It is up to the propounding party to prove the allegations of his/her "declaration of necessity": i.e., complexity of the case, financial burden of depositions, expedience of interrogatory answers. A motion for protective order may be granted on the ground that, contrary to the representations made in the declaration of necessity, the number of specially prepared interrogatories is unwarranted (CCP S People vs. sarpas (2014) 225 cal...

Excerpt: ...th 1324, Kielar v. Su#rior Court (2023) 94 Cal.App.5th 614 and Ngo v. BMW of N. Am. , LLC (9th Cir. 2022) 23 84th 942, 950 is granted. (Evid. Code S 451(a) [mandatory judicial notice of decisional law of this state and of the United States].) EVIDENTIARY OBJECTION Plaintiffs make a single objection to the introduction of the RISC (Exhibit A) by the Michel Declaration on the grounds, among others, that the RISC is not properly authenticated and am...

Excerpt: ...ruction of a new executive hanger to replace a dilapidated T Hanger. RASI owned the T Hanger as City abandoned it; RASI decided to scrap the building as the cost to refurbish was substantial. In 2014, Plaintiff Airport Director Mark Ripley and RASI principal Chad Davies agreed that if Plaintiff relocated the hanger and refurbished at his own cost, he could keep it. City also informed Plaintiff that they would give him a 20-year lease with two 10-...

Excerpt: ...ial interrogatories Nos. 45 - 48, contending the interrogatory relates to proving that Plaintiff's vehicle contained a defect, and whether Defendant willfully violated Song-Beverly. He requests sanctons of $2,222.50. Defendant opposes the motion on the grounds that the interrogatories are overbroad and seek irrelevant information. It argues that sanctions are not warranted. Legal authorities and analysis: A party may file a moton compelling furth...

Excerpt: ... married, and Si is their daughter. Plaintiff alleges she financially assisted Kang and Li while they were all living together in China. In 2018, they discussed investing in real estate in the United States. In 2019, Defendants informed Plaintiff they were traveling to the United States, and offered to assist her with applying for a Visa and in locating and purchasing real estate on her behalf. Defendants helped Plaintiff to purchase three proper...

Excerpt: ... in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Emphasis supplied.) under the plain language of the statute, Defendants are prevailing parties. CCP S 1033.5(a) contains a list of items specifically allowed as recoverable costs, and S 1033.5(b) contains a list of items that "are not allowa...

Excerpt: ... as Alzheimer's disease for which he was taking medications, including Aricept and (ld.) He had a secondary diagnosis of hypertension and dementia. (ld.) The report noted that the Decedent was disoriented with aggressive behavior and sundowning behavior. (ld.) For his AOL's, the report noted that the Decedent was able to feed himself, but required assistance with medication management, grooming, and bathing. (ld.) Prior to admission, to Defendant...

Excerpt: ...l be severely prejudiced if she has to oppose the motion for summary judgment and prepare for trial at the same time. Defendants do not contend that their motion was timely served. Instead, they argue that Plaintiff ignores the ruling in Cole v. Superior Court (2022) 87 Cal.App.5th 84, 88. They also assert that in the cases relied on by Plaintiff, the notce provided was much shorter. Defendants contend that their service only reduced the notice t...

Excerpt: ...t merit or too general. (CCP 52031.310.) Unless notice of the motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2031.310(c).) Failure to comply with the discovery deadline "is only 'jurisdictional' in the sense...

Excerpt: ... inadvertence, surprise, or excusable neglect within six months after judgment, dismissal, order, or proceedings has been taken. In the absence of an attorney affidavit of fault, the burden is on the moving party to show that the default could not have been avoided through the exercise of ordinary care. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. The court is empowered to relieve a party "upon such terms as may be just... from a judg...

Excerpt: ...im. Plaintiff alleges that as a sign of his affection added Defendant's name to title without any monetary contribution from her, however she soon after abandoned Plaintiff and ran away with her new boyfriend. Plaintiff alleges Defendant used her "woman's charm" to get her name on title. Plaintiff also alleges he entered into three (3) separate oral agreements with Defendant: 1) in 2018 to loan her to pay for the burial of her son in law who was ...

Excerpt: ...exatious litigant and "there is not a reasonable probability that she will prevail in the litigation against the moving defendant." (CCP S 391.1.) If the motion is granted, the case is automatically stayed from the time the motion was filed until 10 days after plaintiff posts the required security. (CCP S 391.6.) If the bond is not posted, the action must be dismissed as to the defendant in whose favor the bond was ordered. (CCP S 391.4.) Page 3 ...

Excerpt: ...but reasonable amount of $1500 (4 hours X $375 + $60 filing fee). Factual and procedural background: Plaintiff filed this Song-Beverly action regarding a 0217 Ford Super Duty F-350 that contained engine defects. The complaint, filed 2/7/23, asserts: (1) breach of express warranty; (2) Civil Code 51793.2; and (3) negligent repair. Plaintiff moves to compel further responses to the Request for Production of Documents. Plaintiff contends Defendant's...

Excerpt: ...dant RPM at the tme of her purchase, and Defendant RPM maintains the position that Plaintiff had access to Defendant RPM's records and property, and sold the Vehicle to herself without the knowledge or consent of Defendant RPM. Plaintiff signed an agreement to arbitrate any acton arising from the Retail Installment Sales Contract ("RISC (Declaration of Frank Vizcarra ["Vizcarra Dec."), 92, Exhibit "1. Shortly after Plaintiffs purported purchase o...

Excerpt: ... complaint ("FAC") against defendants Larry Moore and Trinidad Moore (together, "Defendants"). Plaintiff seeks to quiet title to property located in Banning and alleges various causes of action for rescission and financial elder abuse. Plaintiff was 86 years old at the time the FAC was filed. Plaintiff is related to Defendants as she was married to Larry Moore's uncle. In 2014, Plaintiff was distressed over the condition of her home. She reached ...

Excerpt: ...ttorney's fees. Thus, the Court declines to rule on Defendants' evidentiary objections filed in support of their opposition since the objections concern evidence immaterial to the Court's decision on the motion. "under the American rule, each party to a lawsuit ordinarily pays its own attorney fees ... ." (Orozco v. WPV San Jose, LLC (2019) 36 Cal.App.5th 375, 406.) "Parties may validly agree that the prevailing party will be awarded attorney fee...

Excerpt: ...tle pertaining to real property that plaintiff Amie Lonsdale (formerly Amie Pannazzo) lost at a foreclosure sale during the pendency of her Chapter 7 bankruptcy that was filed in April 2018. Plaintiffs allege that during Ms. Lonsdale's bankruptcy case, the Plaintiffs entered an agreement with defendant Karen Massey whereby Ms. Massey allegedly agreed that she would purchase the property in Riverside ("Via Vallarta" or the "Property") from the for...

Excerpt: ...ion. Defendant Breckenridge to provide notice pursuant to CCP 1019.5. Plaintiff Wendy Gray ("Plaintiff") filed the verified complaint (the "Complaint") in this matter on May 30, 2023 against defendants Reverse Mortgage Funcrng, lnc ("RMF"), Breckenridge Property Fund 2016, LLC ("Breckenridge") and Sam Chandra ("Chandra") (collectively, "Defendants"). Plaintiff alleges that in 2008, her mother, Mollie Gray ("Mollie"), took a loan against the subje...

Excerpt: ...ul use of the Property for unpermitted weddings, large events, rentals, and ass•uiated activities and improvements, generated noise and traffic issues for the community, causing a public nuisance. (ld. at 4.) On September 25, 2023, the County filed a Complaint against Defendants, alleging (1) public nuisance, (2) nuisance per se, and (3) injunctive relief. The County asked the Court to declare that the condition at the Property constituted publ...

Excerpt: ...ntitled court, to show cause if any, why she should not be adjudged in contempt of court and punished accordingly for wil fully disobeying the (amended) judgment of this Court entered on January 20, 2023 as to the following: "Plaintiff Waud and defendant Dixon are 50 percent owners of Classic 1. Classic 1 shall be partitioned by sale and the next proceeds from the sale shall be divided between plaintiff Waud (50%) and defendant Dixon (50%).... Th...

Excerpt: ...t One, Propounded Upon Defendant Moreno Valley Unified School District by ARACELI NARANJO Tentative Ruling: Araceli Naranjo and Esther Bravo (collectively "Plaintiffs") were injured when a vehicle they were in was struck by a vehicle owned by Moreno Valley Unified School District ("District"). Plaintiffs contend the vehicle was negligently drive by Kayla Kristine Sullivan ("Sullivan"), an employee of the District, who was operating the vehicle in...