Excerpt: ...bined co ntract and tort in this claim against Defendants as such it is uncertain. Plaintiffs allege they entered into a contract with Defendants to provide physical therapy services, Plaintiffs agreed to pay for the services, but Defendants failed to perform as p romised as the therapist abused NJ instead of providing therapy. (SAC, ¶¶ 42 -46.) However, Page 2 of 3 Plaintiffs have not alleged damages as a result of the breach of contract, inst...

Excerpt: ...ithin GM's possession, custody, and/or control, subject to the stipulated protective order. Monetary sanctions in the amount of $2,310.00 are imposed against GM and its counsel. Responses and sanctions are due in 45 days. RPD 16, 19 -32: The Objections raised by G M are overruled. The primary problem with GM's responses to RPD Nos. 16, 19 -32 (and 45 -46, discussed below) is that after asserting objections, it states: “No documents will be prod...

Excerpt: ...nses ar e due within 60 days. The parties letter writing did not constitute a meaningful meet and confer. The parties are therefore restricted from filing any further discovery motions without first requesting an IDC. RFP 1 and 4: Plaintiff demonstrates good c ause in seeking these documents. These documents would be relevant to the issues related to Defendant's good faith compliance with the SongBeverly Act. For instance, in Oregel v. American...

Excerpt: ...rounds in G avaldon v. DaimlerChrysler Corp. (2004) 32 Cal.4th 1246.) Post - 998 Offer Attorney Fees However, Defendant is correct that all costs and fees incurred after Plaintiffs rejected Defendant's 998 Offer was served are not recoverable. Pursuant to CCP § 998(c), if the plaintiffs reject a defendant's offer to compromise and then fail to win a more favorable judgment or award, the plaintiffs cannot recover their postoffer costs and must pa...

Excerpt: ...underlying d ebt of the Chapter 11 bankruptcy debtor. The automatic stay does not apply to nondebtors such as corporate affiliates, corporate officers, codefendants, guarantors, or general partners. (See Higgins v. Superior Court (2017) 15 Cal.App.5th 973, 979 -980, italics added; Otoe County Nat. Bank v. W & P Trucking, Inc. (10th Cir. 1986) 754 F.2d 881, 883 [“[s]ection 362(a) automatically stays proceedings against the debtor only and not co...

Excerpt: ...eyond the sco pe of the allegations of the Complaint. Judgment was entered on January 3, 2024. While Section 473 allows the court to grant leave to amend at any stage of the proceeding, amendments proffered after judgment is rendered are allowed only if the judgment i s vacated as by granting a motion for a new trial. (Young v. Berry Equip. Rentals, Inc. (1976) 55 Cal. App. 3d 35, 38; see also M.B. v. City of San Diego (1991) 233 Cal. App. 3d 699...

Excerpt: ...covery has ne ver been considered relevant—witnesses may be compelled to appear and testify whether they want to or not.” (Id. at 1251 -1252.) Courts have prevented the release of witness contact information only under extreme circumstances. (Planned Parenthood Golden Gate v. Superior Court (2000) 83 Cal.App.4th 347.) Here, Plaintiff seeks the identity and contact information for Defendant's former employers as percipient witnesses to Wold's ...

Excerpt: ......

Excerpt: ....) A written contract may be pleaded verbatim or generally “according to its legal intendment and effect.” (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198- 199.) Alternatively, a written contract can be pleaded by attaching a copy of the complaint and incorporating it by reference. (Davies v. Sallie Mae, Inc. (2008) 168 Cal.App.4th 1086, 1091.) Elmashat alleges that Ayoub breached the Settlement Ag...

Excerpt: ... all claims, including those asserted by Plainti
¯ as an individual and whether any defense to the Arbitration Agreement exist. Page 5 of 5 Enforceability is with the arbitrator. The delegation clause provides: “You agree that an arbitrator will decide any question about whether a claim or dispute must be arbitrated under the arbitration clause.” (Hernandez Dec., Ex. B.) The Agreement also provides that the arbitration will be administered b...

Excerpt: ...d acts determined in Lugo I, many of which occurred after the August 12, 2015 e
¯ective date of the Bond For example, Plainti
¯ contends that the Notice of Ruling from the Lugo 1 Trial states “Perez continually reassured Lugo her funds would be returned Perez conÞrmed he sent a letter, dated September 30, 2015, discussing the return of these funds" (RJN Ex I, Pg 2, Paragraph 7) Additionally, the Notice of Ruling explains, "In February ...

Excerpt: ... prior MSJ was never withdrawn. Procedurally, Moving Party should have withdrawn the original MSJ and then reÞled its new MSJ. Accordingly, the only Motion that can be heard today is the Original Motion Þled on August 16, 2023. The so-called “Amended” MSJ is stricken. On its merits, the MSJ is DENIED. Plainti
¯s objection to the photographs is SUSTAINED. This leaves the only relevant evidence to be Plainti
¯s deposition that only identi...

Excerpt: ...al provision was adopted, the enactors intended that it include a damages remedy for a violation (Katzberg v Regents of University of California (2002) 29 Cal4th 300, 317 (analyzing section 7)) If there is no a
¯irmative intent to allow or withhold damages, the court must then determine whether an adequate remedy exists, the extent to which a constitutional tort action would change established tort law, and the nature and signiÞcance of the...

Excerpt: ... is injured due to a risk that is inherent in an activity in which plainti
¯ chose to participate. (Knight v. Jewett (1992) 3 Cal.4th 296, 308; Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4th 1148, 1154.) Assumption o the risk does not depend on i) the reasonableness or unreasonableness o plainti
¯'s conduct to subject himsel or hersel to the risk o deendant's conduct, or ii) whether plainti
¯ subjectively knew o and voluntarily chose to en...

Excerpt: ...dispute that Plaintiff filed for Chapter 7 bankruptcy on 11/13/15 at which time all of his property, including his pre-pettion claims against Defendants, became property of the bankruptcy estate. (Defendants' RJN, Ex. "1".) Defendants assert that Plaintiff's bankruptcy schedules admit: that the DOT was fully owned by Natonstar and secured against the property; and that Plaintiff did not have any "contingent and unliquidated claims of [any] nature...

Excerpt: ... credit card. This cost is merely convenient, rather than reasonably necessary. So $1,529.70 is taxed. Expert Witness Fees - Plaintiff made three statutory S 998 offers — on October 14, 2022 in the amount of $314,477.25, July 14, 2023 in the amount of $350,000, and August 1, 2023 in the amount of $200,000. (Declaration of Jeffrey T. Robert, Exs. 5, 5, 7.) Defendant contends that the October 14, 2022 offer was not reasonable because it was prema...

Excerpt: ...agreement specifically states that the FAA applies. (Dec.Taube '1 6, Ex. "A", S Xl, T. Arbitration, p. 28 of 89.) The arbitration agreement is not barred pursuant to CC section 1953. First, the arbitration agreement appears to be a separate agreement with a separate signature block. (Dec.Taube '1 6, Ex. "A", S Xl, T. Arbitration, p. 28-29 of 89.) Second, there is no evidence that this premises liability/negligence and elder abuse action involves ...

Excerpt: ...here was no causal connection between the treatment provided by Branuelas and the collapse of the headrest. (ld at '1 32.) This opinion was based, in part, on records showing that Dr. aranuelas had no notice of any imminent failure of the headrest support mechanism at any time prior to the incident. (ld at 28.) Defendant Young testified that he regularly inspected the chiropractic table on first day of each month, including April 1, 2021. (Deft. ...

Excerpt: ...wner of the Property, Code Enforcement Officers observed and documented outdoor cannabis cultivation on the Property. (UMF ## 1, 4, 5, 7). As both of these facts are undisputed, the only remaining question is whether any exemptions apply to Defendant. There are limited exemptions that allow the cultivation of cannabis for (1) personal use, or (2) a medical cultivation by qualified patients or primary caregivers. First, the personal use exemption ...

Excerpt: ...le, and did not cause any harm to Plaintiff. (Young Decl. "1 2-15.) Dr. Young also submits the declaration of Dr. Sigmund, who is a neuroradiologist. He declares he reviewed Plaintiff's MRI's from before the alleged incident, and after, and concludes to a reasonable degree of medical probability that Plaintiff did not suffer any injury to his spine due tothe incident. (Sigmund Decl„ 14-15.) These expert opinions are supported by Plaintiff's med...

Excerpt: ...ories 6-7 are not overly broad because they are limited to other vehicles of the same year, make, and model. The attorney-client privilege as to Categories 10-15 are not valid yet. Category Nos. 10-15 do not require testimony that would violate these protections. To the extent that questions at the deposition violate these protections, GM's counsel could object at the time. Nor in this area was the court persuaded by the claim that the informatio...

Excerpt: ...on for violation of the UCL. A plaintiff alleging a violation of the UCL must show and prove an "injury in fact" by way of lost money or property which was "caused by" the unfair competition. (Jenkins v. JPMorgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 521, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 52 Cal.4th 919.) Moore argues that she has sufficiently alleged an "economic injury." (Cross-complaint, '1 84....

Excerpt: ...rt rules as follows: Alter ego allegations: SUSTAINED. The allegations do not show individual liability of Defendants Charles and Ana Singleton. The FAC cites conclusory allegations in support of Plaintiffs' claims for alter ego liability, without supporting factual allegations. Plaintiffs' conclusory allegations are made on information and belief which requires that Plaintiffs assert factual allegations supporting Plaintiffs' belief. 2COA for br...

Excerpt: ... and all radiological films including but not limited to any x-rays, MRI's, CT Scans, Bone Scans, Nerve Conduction Studies EMGs, CT Mylograms, Diskograms, etc., whatsoever relating to any care, treatment, diagnosis, prognosis, consultation and/or findings. Documents should also include, but not be limited to, any and all emergency room records, radiology reports, pathology reports, all test and test results, medication records, physical and/or uc...

Excerpt: ...ant, '1 5.) These factual allegations are sufficient to allege inducement on false or incomplete statements. As such, the argument by Defendant that concealment is not plead is not persuasive. Next, the Second Amended Complaint alleges that the vehicle had a Hydra-Matic 8L90 transmission. (Second Amended Complaint, '1 4.) It asserts that as early as September 2014, Defendant was aware that the 81_90 transmission was defective. (Second Amended Cro...