Excerpt: ...at it needs to pay the entire settlement amount of $75,000 to resolve this action. (Def.'s Opp. 1:23–24.) Even if it does, the evidence shows that Defendant repudiated the Settlement Agreement by failing to make the first and second installment payments and by refusing to provide the conforming declaration of Mr. Dodd. Thus, Plaintiffs are entitled to a judgment for the entire $75,000 settlement amount. Paragraph 6 of the Settlement Agreement i...

Excerpt: ...19, Plaintiff attended Riverside Polytechnic High School and was on the varsity basketball team. Defendants Desmond Granger (“Granger”) was an assistant basketball coach who continuously engaged in grooming behavior, sexual harassment and inappropriate sexual touching of her and other members of the team. Plaintiff alleges she reported this behavior to Defendant Ashley Trotter “(Trotter”), another assistant basketball coach, and Sid Llara...

Excerpt: ...cal error” is shown, the judgment is corrected nunc pro tunc, i.e., the correction dates back to the when the judgment was entered. (Ames v. Paley (2001) 89 Cal.App.4th 668, 673; Bell Farmers Ins. Exch. (2006) 135 Cal.App.4th 1138, 1144.) A “clerical error” results when the order or judgment misstates the court's actual intent, i.e., an error in recording the judgment rendered. (Burch v. CertainTeed Corp. (2019) 34 Cal.App.5th 341, 346; Mar...

Excerpt: ...sputed facts show they did not breach any duty owed to Cano (the first cause of action for negligence) and did not make any material misrepresentations and further that Cano's failure to read the insurance policy makes his reliance on any alleged misrepresentations unreasonable as a matter of law. Take judicial notice as requested by moving parties. Deny motion for summary judgment/adjudication. Cano or his assignee is not seeking to recover agai...

Excerpt: ...th a similarly named business, “Ellis Hospitality Services, LLC” and that that entity is the one that is or should be addressed in Plaintiff's complaint, along with its managing member “Tim Ellis,” and that instead of “Ellis Hospitality Group LLC” and “Jyoti Patel” have no relationship with Plaintiff. They cite Exhibit 12 to the Complaint, a Letter of Intent signed by the various Defendants named in this action, including “Ellis...

Excerpt: ...nd otherwise overruled the demurrer. Plaintiffs subsequently amended the complaint. Defendant now demurrers to the first cause of action for Elder Abuse in the First Amended Complaint arguing that the pleadings are insufficiently specific and do not set forth recklessness, malice, oppression or fraud. The Court disagrees. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary a...

Excerpt: ...urt stating the means by which the parties met and conferred and identifying the specific objections in the demurrer that the parties were unable to resolve. As of March 2, 2023, no declaration had been filed. Without this declaration, there is no evidence the parties have properly met and conferred. Thus, for failure to follow the Court's order, the Court shall overrule the demurrer. However, even if there was a proper meet and confer, the Court...

Excerpt: ... records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Here, Defendant requests the Court take judicial notice of the prior lawsuit, but it is not relevant based on the sole argument presented – that the Court lacks jurisdiction over the matter because it is barred by the two-year statute of limitations in C.C.P., § 338.1. A...

Excerpt: ...based on a Residential Lease Agreement (RLA), dated 12/29/16, which included an option to purchase provision. The first option to buy was for $110,000 and the second at $169,000 (represented by a Residential Purchase Agreement between the Trust and Defendants), but based on the lender's appraisal of the Subject Property Page 5 of 9 should be $150,000) The RLA included an attorney's fee provision (paragraph 40) providing that in any action or proc...

Excerpt: ...2 and 3. Respondent does not have a mandatory duty to distribute the entirety of the Trust res upon Decedent's death (UFs 26-27) The trustee's duty to distribute under Probate Code § 16220 is subject to Respondent's paramount fiduciary duty under Probate Code § 16202. There is a triable issue of fact as to whether Respondent has properly withheld distribution of the Trust assets. On issue 3, Respondent asks the court to adjudicate the issue of ...

Excerpt: ...”) which included an agreement to arbitrate. (Won Decl. ¶ 6, Ex. B at 5; Compl. ¶ 5, Ex. 1.). During the warranty period, the subject vehicle developed defects and nonconformities in the transmission. (Compl. ¶¶ 10–11, 15, 33.) Ford has been unable to service or repair the vehicle to conform to the applicable warranties after a reasonable number of attempts. (Id. at ¶¶ 12, 34–38.) On September 6, 2022, Plaintiffs filed a Complaint for...

Excerpt: ...empts. Plaintiff filed the Complaint on October 22, 2021, alleging violations of subsections (a)(3), (b) and (d) of Civil Code § 1793.2, as well as breach of express and implied warranty under the Song-Beverly Warranty Act (the “Act”). Plaintiff noticed the deposition of GM's Person Most Qualified (PMQ) on May 4, 2022. GM objected to the notice on several grounds. Plaintiff's counsel made multiple attempts to set a date with GM's counsel. On...

Excerpt: ...tial and owned by Defendants. The County filed the Complaint on 3/15/22 for preliminary and permanent injunctive relief for abatement of a nuisance. The County filed proofs of service showing Defendants were personally served with the summons and complaint on 3/26/22. Defendants were given notice of ex parte hearing and they appeared on 4/27/22, at which time the Court granted the County's ex parte application for a TRO, ordering Defendants to ce...

Excerpt: ... $45,566.43 which includes: a. $18,165 for a jury consultant; b. $22,746.50 for a one-time bulk printing fee; c. $4,654.96 for the computational error as noted Plaintiff in its reply. c. Item 16 – Tax $816.72 ABI Document Support Services claimed in item 16 as these costs appear to be for Halio and Presley. The Court finds insufficient evidence to blanket tax any other costs. d. The Court calculates interest accrued as to Andrew to be $39,323.7...

Excerpt: ...party bears the burden of proving the existence of a valid arbitration agreement, which can be met by attaching a copy of the agreement. Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 842. The burden then shifts to the opposing party to prove any defense. Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2015) 55 Cal.4th 223, 236. “In these summary proceedings, the trial court sits as a trier of fact, weighi...

Excerpt: ...s timely filed on 1/19/23. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a default judgment under CCP §473(b) must be based on either: declarations or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP §...

Excerpt: ...this state].) Upon the petition/motion 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 revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbi...

Excerpt: ...xual advances. (Complaint ¶ 22.) Avilez alleges Cortez regularly groped and fondled her body in an unwanted sexual manner, made unwanted harassing comments of a sexual nature, and offered her $10,000 to go on vacation with him and have sex with him. (Id. at ¶ 23-24.) Avilez alleges that on August 12, 2022, Cortez groped her in front of Hildebrandt, her supervisor, who acknowledged seeing the conduct when Avilez complained to him, but took no ac...

Excerpt: ... 6/24/19 and 7/18/19, the defendants provided negligent care and treatment to Collins, who initially sought emergency care on 6/24/19 for multiple symptoms arising out of her pregnancy. The complaint sets forth causes of action for medical malpractice and loss of consortium. Dr. Basch now moves for summary judgment. Dr. Basch, who treated Collins after the delivery of a stillborn baby and whose treatment plan included continued administration of ...

Excerpt: ...e motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” “A party seeking a continuance under that subdivision must show: (1) the facts to be obtained are essential to opposing the motion; (2) there is reason to believe such facts may exist; and (3) the reasons why additional time is needed to obtain those facts.” (Combs v. Skyriver Communications, Inc. (2008) 159 Cal...

Excerpt: ...22, 2023, the plaintiff shall file the following: 1. A supplemental declaration from Ward, stating the dates on which he submitted the job applications to which he refers in ¶ 16 of his declaration filed 2-6-23, and stating the nature and amount of any loss of income he suffered as a result of those unsuccessful applications. 2. An amended declaration of Lo. The declaration filed 2-6- 23 (a) is not signed, (b) refers to but does not authenticate...

Excerpt: ...th the operative complaint being the Third Amended Complaint (TAC). The TAC alleges causes of action for 1) failure to pay wages 2) disability discrimination; 3) perceived disability discrimination; 4) work environment harassment; 5) retaliation (Gov. Code, § 12940(h)); 6) retaliation [Labor Code, § 1102.5]; 7) retaliation [Labor Code, § 246.5]; 8) failure to prevent harassment, discrimination and retaliation; 9) failure to provide reasonable ...

Excerpt: ...s order becoming final. Defendant to provide notice pursuant to CCP 1019.5. This is an action to recover losses sustained as a result of Defendants' allegedly unlawful sale of unqualified securities. Plaintiffs initially filed their Complaint on November 23, 2021, and as a matter of right, filed their First Amended Complaint (“FAC”) on October 10, 2022, alleging the following eight causes of action: (1) Rescission; (2) fraud (concealment); (3...

Excerpt: ...Marilyn filed an Answer and CrossComplaint (“Marilyn XC”), and on 10/21/22, Frank filed an Answer and Cross-Complaint (“Frank XC”). Both cross-complaints are nearly identical with the exception of the third cause of action, as noted further below. Cross-complainants allege that Nanette and Brian Frasier (“Brian”) approached Marilyn on 8/12/20, after learning she intended to sell the subject property for $315,000. Nanette (a licensed r...

Excerpt: ..., 2023, 8:30 a.m. Department PS2. Yvette Lua (“Plaintiff”) was employed by Monterey Country Club, LLC and American Golf Corporation (collectively “Defendants”). She alleges that her supervisor sexually harassed her by making unwanted sexual advances towards Plaintiff, making repeated and offensive sex-based comments towards her, and repeatedly making offensive and objectifying sex- based comments towards women in Plaintiff's presence. Pla...