Excerpt: ...he Motion is DENIED. Sanctions are DENIED. Plaintiffs' Complaint is not directed at the act of Defendant's filing the unlawful detainer proceedings. Rather, is directed at Defendant's negligence since the inception of tenancy in 2020 (SITI 23—25); breach of the implied warranty of habitability by failing to maintain the Pro#rty in a safe and habitable condition, and by failing to comply with the Enforcement Department order of February 8, 2023 ...

Excerpt: ...]he nature of the right sued upon and not the form of achon nor the relief 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. 1. Song- Beverly, Breach of Express and Breach of Implied Warranties Commercial Code 52725 governs the applicable statute of limitations. (Mex...

Excerpt: ...rivacy interests of Defendant and nonparties justifies disclosure of such information. Defendant's argument that USRECH has failed to demonstrate that any of the documents sought by the subpoena have anything to do with Plaintiff's claim or that the subpoena answers no question relevant to the dispute is not persuasive. Although financial records which go to demonstrate available assets held by a defendant in a civil lawsuit, and not to the heart...

Excerpt: ... is supported by sufficient undisputed facts. (St. Paul Mercury Ins. Co. v. Fronter Pac. Ins. Co. (2003) 111 Cal.App.4th 1243, 1248.) The golden rule of summary judgment is if it is not set forth in the separate statement, it does not exist. (United Community Church v. Garcin (1991) 231 Cal. App. 3d 327, 337.) If summary adjudication is sought, the specific causes of action, affirmative defense, claims for damages, or issues of duty must be state...

Excerpt: ...ns of its uniquely tailored contracts with its service vendors, and the details, terms, and conditions are not disclosed to the public or to other Home Depot contractors. (Hannah Decl. 4—5.) The dissemination of its contracts is strictly controlled, and access to the contracts is limited to Home Depot associates whose job responsibilities require them to have access to them. (ld. at '15.) In fact, the contracts itself contains a confidentiality...

Excerpt: ...'s objection under CCP S 2031.030(c)(1) is also not well taken as the requests are reasonably particularized. As to the opposition that it seeks confidential or proprietary information — work out a protective order. GRANTED RFPs 3-5: Home Depot makes valid objections based on overbreadth and undue burden, as the requests are not reasonably limited in scope and time. RFP Nos. 3, 4 and 5 seek all documents regarding the entire store for a five-ye...

Excerpt: ... countless times before. The hourly rates already reflect the expertise and a multiplier is unnecessary. This case did not involve particularly novel or complex questions, nor did Plaintiff's counsel demonstrate particular skill. Moreover, Plaintiff's counsel has not provided evidence that it was precluded from other employment as a result of this litigation. Though Plaintiff's counsel took the case on a contingency basis, the risk of not obtaini...

Excerpt: ... Ex. B at 2.) As Vineyard argues, however, the Operating Agreement for 2021 is irrelevant to this case as the Decedent was not a resident at Vineyard's facility in 2021. Plaintiff has failed to show good cause for production of document in response to RFP No. 2. RFP 14: Denied Plaintiff has failed to set forth specific facts showing good cause justifying the discovery sought by this request beyond what Vineyard has produced. RFP 64: Granted The r...

Excerpt: ...ommunity Business Directors nationwide maintain the correct new-hire paperwork, and she is responsible for and oversees all documents provided to new hires. Ms. Damante is familiar with Defendants' onboarding process. Further, Ms. Damante is familiar with the online tools which Defendants provide to employees, including the presentation and execution of arbitration agreements. She is familiar with Defendants' recordkeeping procedures and has acce...

Excerpt: ...n-parties justify disclosure of such information. Discovery of financial information is expressly authorized after issuance of a right to attach order (Code Civ. Proc., S 485.230), and USRECH may discover the identity, location and value of property in which Lander has an interest by any means permitted under the general civil discovery statutes. (Code Civ. Proc., S 2016.010 et seq.) Discovery by subpoenas is proper as Part4 of the Discovery Act ...

Excerpt: ...f the agreement, and hence in default of subdivision (a) of sec
Ÿon 1281.97, the employee may “[w]ithdraw the claim from arbitra
Ÿon and proceed in court of appropriate jurisdic
Ÿon.” (C.C.P., § 1281.97(b)(1).) The issue of intent is irrelevant. While there is evidence that Defendant's belated payment was uninten
Ÿonal, nothing in sec
Ÿon 1281.97 as dra
Led depends on the intent or good faith. Therefore, the reason for the failure to pa...

Excerpt: ... had not expired before the summary judgment motion was made. The summary judgment was filed on April 25, 2023, well before Defendant served its expert demand on June 23, 2023. The exchange was to occur on July 20, 2023, to which Plaintiff did respond (albeit 10 minutes late and without the required information.) (Declaration of Joseph M. Radochonski, 3, 4.) ICOA: Assuming Defendant met its burden of proof, Plaintiff produced the testimony of Dr....

Excerpt: ...follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2016. (306 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included language identical to the RISC in this case. (ld. at 617) The trial court denied the motion, and the appellate court affrmed. (ld. at 616-17.) Th...

Excerpt: ...) breach of the fiduciary duty; and (3) damage proximately caused by the breach." (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.) "Whether a fiduciary duty exists is generally a question of law. [Citation.]" (Marzec v. California Public Employees Retirement System (2015) 236 Cal.App.4th 889, 915.) A fiduciary relationship is any relation existing between parties to a transacton wherein one of the parties is... duty bound to act with the u...

Excerpt: ...t of Ray's client files. As this is the sole basis of the complaint, as to her, the Demurrer is SUSTAINED as to all COA for lack or standing. As DR has had an opportunity to state these claims following the prior demurrer, and has failed to allege any new facts to meaningfully change the claim, the demurrer is SUSTAINED WITHOUT further leave to amend as to DR. As to the ICOA (all defendants): SUSTAINED as follows: Conversion is: (1) plaintiff's o...

Excerpt: ...rtment is in public records that have been disclosed to the Department by USRECH and Calmwater in applying for a lend-ng license. Moving parties assert that while information was disclosed to the Department, all of it is not publicly available and remains confidential. Lander claims the information he seeks will establish that USRECH is not entitled to a usury exemption because it was not licensed when the loan was made, and was required to be li...

Excerpt: ...se may arise without a transactional relationship when a known safety risk is concealed. (See Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836.) There is no duty to disclose a latent defect where "the complaint is devoid of factual allegations showing any instance of physical injury or any safety concerns posed by the defect." (ld., see also Bardin v. DaimlerChrysler Corporation (2006) 136 Cal.App.4th 1255, 1261-1262.) ...

Excerpt: ...information; (c) personal health information, etc. The request is reasonably calculated to lead to the discovery of admissible evidence. Objections that were raised for the first time in the opposition, but not included in the responses or supplemental responses to the subject RPFs, are not considered. The Motion is GRANTED as to RFP Nos. 65 and 65. RFP Nos. 75 and 86 are MOOT. Plaintiffs demonstrate a sufficient good cause basis for the producti...

Excerpt: ...terpretation and enforcement of the agreement. Under 9 USCS S 1, a provision of the FAA, it states that "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Said provision has been read to provide a limited exemption to the FAA for contracts of employment for workers engaged in interstate commerce. Nieto v. Fresno Beverage Co., Inc...

Excerpt: ... privilege log. GM has not provided a definitive response stating that it is not withholding any documents. Instead, GM essentially states that it is not withholding "relevant" documents. This statement incorporates objections on ground the RPDs are overly broad, lack relevance and/or are not reasonably calculated to lead to the discovery of admissible evidence. But, the Court specifically overruled GM's objections on these grounds. If GM is not ...

Excerpt: ...e any transmission issues until November 2021. (First Amended Complaint, 52.) The vehicle again displayed transmission issues in January 2022. (ld. at '1 53.) Plaintiffs allege that they did not know until this lawsuit was filed that their vehicle could not be repaired. (ld. at '1 56.) using November 2021 as the date that Plaintiffs discovered the defect to start to the statute of limitations does not bar this matter. Based on the allegations ass...

Excerpt: ...ery recent decision — Ochoa, supra, 89 Cal.App.5th 1324, 305 Cal.Rptr.3d 611 — the Court of Appeal for the Second District declined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2016. (306 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included langua...

Excerpt: ...obligated under the settlement agreement. Plaintiff has not added any new allegations to the FAC to cure the defects addressed in the Court's ruling on the last demurrer. The FAC alleges that, on or about October 8, 2019, Plaintiff and Defendant Elmashat entered into a settlement agreement in the separate lawsuit, Ayoub v. Candee (MCC1701291). The terms of the settlement were memorialized in a Stipulation and Order, which was entered in that acti...

Excerpt: ... notify the potential defendant of the alleged violations and demand correction. (Civ. Code, 51782; Von v. Sprint PCS (S.D. Cal. 2CG) 312 F.Supp.2d 1285, 1304.) his notce must be writing and must be sent by certified or registered mail with return receipt requested to defendant's principal place of business in California or the place where the transaction occurred. (Civ. Code, (2).) he notice requirement is applied literally and strictly. (Outboa...

Excerpt: ...ncerning HIV/sexually transmitted diseases, "lab test results and reports", "radiology reports", and "billing for all conditions." Billing information is limited to Plaintiff's claimed psychological injuries and related physical manifestations. Analysis: Defendants are entitled to obtain Plaintiff's medical history of his claimed injuries. In addition, the unmodified description of records is overly broad, and may cause disclosure of sensitive me...

Excerpt: ...clined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2015. Page 3 of 4 (305 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included language identical to the RISC in this case. (ld. at 617) The trial court denied the motion, and the appellate court affirm...

Excerpt: ...f's RJN is GRANTED. The Motion is GRANTED. Therefore, Sanctions are DENIED. Analysis: 1. Protected Activity Plaintiff concedes the malicious prosecution claim is subject to the instant ant-SLAPP moton because it constitutes protected speech. (Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 734-735 ("by its terms, section 425.16 potentially may apply to every malicious prosecution action because every such Page 3 of 4 action arises from a...

Excerpt: ...th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) The Demurrer is SUSTAINED without leave to amend as to the 2COA (FRAUD). Crosscomplainant has failed to cure the defects addressed by the Court in its ruling sustaining a previous demurrer to the FACC filed by Cross- Complainant Wall. Wall is alleging a fraud cause of action against Calmwater under two separate theories: (1) that Calmwater intentiona...

Excerpt: ...ent decision —Ochoa, supra, 89 Cal.App.5th 1324, 306 Cal.Rptr.3d 611 —the Court of Appeal for the Second District declined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta Page 3 of 4 models and sued Ford Motor Company ("FMC") in 2015 and 2016. (305 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included lan...

Excerpt: ...asoning underlying the demurrer and motion to strike. (Declaration of Harry H. Terzian, '14.) Defendant fails to provide details about when the call was made, who made the call and to whom a message was left. Thus, the court gives more weight to the view of plaintiff's attorney. Thus, the Court will not continue the hearing to allow the parties to meet and confer. It is doubtful any meet and confer discussion will be productive. The Court will th...

Excerpt: ...ections — all overruled. The court does not consider evidence in connection with a demurrer, unless it can be judicially noticed. Cross-complainants are borrowers of a defaulted commercial loan seeking to recover damages from the lender and others based on allegations of misrepresentation. Plaintiff U.S. Real Estate Credit holdings III-A, LP ("USRECH") seeks judicial foreclosure of the real property given as security for the loan and seeks dama...

Excerpt: ...hol license. The Landlord received a Notice of Violation from the City of Temecula related to these activites. Lieberg went to the premises to post the Three-Day Notice and heard activity going on inside the building. He unlocked the door and saw three women decorating and setting up alcohol bars. Plaintiff contends he merely asked if Cooke was there, took some pictures, and left. Cooke alleges that Plaintiff harassed women during a photo shoot w...

Excerpt: ...o evict Plaintiffs in LJDSW 2200612 (UD #2.) Plaintiffs allege that the property was governed by the Tenant Protecton Act of 2019 (TPA), and the Tenant Relief Act of 2020 (TRA.) Plaintiffs also allege that beginning in March of 2020, they were excused from paying rent under Civil Code 51511 (performance excused) due to COVID-19 regulations. In March of 2020, Wells was furloughed due to COVID-19 regulations, and laid off in August of 2020. She so ...

Excerpt: ... respect to Auto Club, Plaintiff alleges that it acted negligently, carelessly, and recklessly in its handling of her application and/or cancellation of automobile insurance coverage that specifically took her out of coverage for the October 11, 2020 loss, and that as a result, she suffered economic harm and loss. (ld. at "14243.) Auto Club now demurs to the 4th COA for negligence on the grounds that (1) it fails to set forth sufficient facts to ...

Excerpt: ...events and served alcohol at the premises despite not having a certificate of occupancy' or an alcohol license. The Landlord received a Notice of Violation from the City of Temecula related to these activities. Lieberg went to the premises to post the Three-Day Notce and heard activity going on inside the building. He unlocked the door and saw three women decorating and setting up alcohol bars. Plaintiff contends he merely asked if Cooke was ther...

Excerpt: ...to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.A...

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

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

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

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

Excerpt: ...ition. Trivial Defect? The condition of the sidewalk was minor, or trivial. The County asserts that Plaintiff tripped on the raised edge of a sidewalk, and fell on 12/26/20 at 41161 Orange Place in Hemet. (Undisputed Material Fact [UMFI Nos. 1-2.) Plaintiff and her husband own the property, which their daughter rents from them. (UMF Nos. 3-4.) On 1/15/21, the County measured the sidewalk deviation, which was 1 % inches, with no jagged edges or br...

Excerpt: ...ential evidence "may exist but cannot, for reasons stated, be presented, the court shall deny the motion" or contnue it for a reasonable period, or "make any other order as may be just." (CCP S 437c(h); see Bahl v. Bank of America (2001) 89 Cal.App.4th 389, 395.) Yet, Plaintiff has not done that. As a result this Motion is supported by expert opinion that the standard of care was not breached, but not controverted by expert opinion. In support of...

Excerpt: ...er of law involves a twostep process: First, the court reviews evidence regarding type and size of the defect. If that preliminary analysis reveals a trivial defect, the court considers evidence of any additional factors bearing on whether the defect presented a substantial risk of injury. If these additional factors do not indicate the defect was sufficiently dangerous to a reasonably careful person, the court should deem the defect trivial as a...

Excerpt: ...NIED claim, which fails for additional reasons discussed below.) Each claim is based on Moda's alleged theft of Ray's confidential client files, and his subsequent act of giving the files to Mozer. (Comp„ "1 66, 77, 91, 99.) Debbie, Thornton, Thornton Yachts and/or EAMT are not real parties in interest as to the theft of Ray's client files. Without such factual allegations, they lack standing. ICOA (Return of Stolen Property): As demurring Defe...

Excerpt: ...ng school hours." (Comp. , 6.) However, Plaintiff was "violently sexually assaulted in the bathroom by DOE 1, and/or DOES 2-11N, while the s#cial education aide assigned to LH. was not carrying out his or her duties." (ld. at 9.) Plaintiff incorporates those allegations into his 2nd cause of action and further alleges that Doe assailant's conduct was intentional and sexually offensive. (Comp., 29-30.) Plaintiff also alleges that District "knew th...

Excerpt: ...e 3. It then states the issues regarding the first and second causes of action are set forth together on page 12. This would be improper. Each cause of action where summary adjudication is sought must be separately set out. (California Rules of Court, Rule 3.1350(d)(1).) However, on page 12, it does not appear to address the first and second causes of action, but instead addresses the first cause of action in Roripaugh's cross-complaint. The noti...

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: ... a risk that is inherent in an activity in which plaintiff 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 of the risk does not depend on i) the reasonableness or unreasonableness of plaintiff's conduct to subject himself or herself to the risk of defendant's conduct, or ii) whether plaintiff subjectively knew of and voluntarily chose to encounter the risk of w...

Excerpt: .... Grant (1992) 6 Cal.App.4th 1548, 1564‐1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Plaintiff has failed to show the threshold showing of the probable validity of its mechanic's lien by demonstrating that it complied with the requisite statute governing the preparation and service of the lien. First, the mechanic's lien fails to state the name of the owner or reputed owner which was admittedly known to Pl...

Excerpt: ...ld have stayed; and, that Plaintiff suggested to one witness that if the witness testified favorable for Plaintiff, he would “make it worth his while.” (Id. p. 4:17‐26.) The Award states that Defendant admitted it violated Labor Code § 226. (Id. p. 5:2.) The arbitrator noted the main defense to violations of this statute was a class action settlement entered in 2017, but that the defense lacked merit. (Id. p. 5:3‐4.) The arbitrator found...