Excerpt: ... required under Cal. R. Ct. 3.1354. As to Defendant's objections the court sustains no. 3 (but not the first sentence), 5 (all), 7 (all), 9 (only the last sentence), and 10 (all). Analysis 5COA (Tameny): For a Tameny claim, the plaintiff must demonstrate: (1) an employeremployee relationship; (2) the termination of plaintiff's employment was a violation of public policy; and (3) the termination caused plaintiff's damage. (See Holmes v. General Dy...

Excerpt: ...agencies.” (Iskanian v. CLS Transportation Los Angeles (2014) 59 Cal. 4th 348, 380.) There are numerous procedural differences between PAGA actions and certified class actions. (Williams v. Superior Court (2017) 3 Cal. 5th 531, 546.) A plaintiff seeking to recover civil penalties under PAGA is not required to satisfy the certification requirements necessary for class actions. (Arias v. Superior Court (2009) 46 Cal. 4th 969, 986.) There is no Ca...

Excerpt: ...his work logs documenting his injury and related events were missing from his locker when he went to clean it out after he was terminated. (Compl. ¶¶9‐14, 20.) The Opposition asserts that the cause of action is sufficiently alleged but, does not demonstrate how the alleged facts fit within the requisite elements of a Labor Code §1102.5 claim. 2COA (Harassment): Plaintiff concedes that this cause of action is insufficient as alleged. ...

Excerpt: ...h of the matter asserted and otherwise it is Overruled. Plaintiffs' evidentiary objection 5 to the James deposition exhibit (July 3, 2018 email from Sam Tuyen) is Sustained. All other objections are otherwise overruled. Deny motion for summary judgment. Analysis While James's evidence demonstrates a triable issue of material fact as to whether an oral agreement exits. Plaintiffs do not refute the testimony that Nguyen requested the $50,000 loan t...

Excerpt: ...edical Battery is properly alleged. In Paragraph 24 of the Complaint, Plaintiffs allege that Dr. Perea did not advise decedent that he would be performing a “surgical procedure to remove a mass from her bowel/colon involving the risk of bowel/colon perforation and resultant sepsis.” These allegations regarding surgery on decedent's bowel/colon versus a full hysterectomy to which she consented sufficiently allege performance of a substantially...

Excerpt: ... with Plaintiff's Memorandum of Costs filed on November 5, 2019. Analysis: A review of the court file shows that the Complaint was filed on April 19, 2017. The Complaint was amended after a hearing, granting leave was heard on January 10, 2019. The original Complaint was promptly answered within 30 days of service. There were two MSJs brought by the Defense that resulted in oppositions by the Plaintiff. The first MSJ was deemed moot by leave to a...

Excerpt: ...sition was filed by Plaintiff on June 4, 2018, it never went to hearing as it was withdrawn on July 12, 2018. The CMC occurred on July 23, 2018 and a TSC was set for January 22, 2019. The next Motion that was filed as an MSJ/MSA by defense that became moot through leave to amend being granted on March 6, 2019. Notice of case settlement was submitted on August 5, 2019. Other minor machinations occurred but nothing significant. The point of this is...

Excerpt: ...r 25, 2019, the court found “Until the last minute, this was an unopposed Motion. However, late opposition was filed on September 19, 2019. The summary of the issue before the court is as follows: On February 7, 2019 various forms of written discovery requests were served on the non‐opposing parties. They did not respond. Not only did they not respond but on March 18, 2019 they were reminded by plaintiff through email that discovery was due. ...

Excerpt: ...ices of results. Furthermore, the statement was not an order. “Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion.” (CCP §1003.) An order is defined as “the judgment, or conclusion of the Court, upon any motion or proceeding. It means cases where a Court or Judge grants affirmative relief, and cases where relief is denied.” (Gil...

Excerpt: ... to be a “substandard building”. There is nothing in the statute which evidences any legislative intent to create a private claim. 3COA (CC section 1942.4): The COA fails because it does not allege facts establishing compliance with §1942.4(a)(2) and (3). No supporting facts at all can be found. /// 6COA (Battery): Battery requires intent. There is nothing alleged that the defendant set the bed bugs on an assaultive task at the defendant's b...

Excerpt: ...ges that Dr. Rahmany (“Rahmany”) sexually harassed her beginning in 2017 when he joined the oncology unit. She alleges that Rahmany repeatedly flirted with her, touched her shoulder, hugged and asked her out on dates. On April 25, 2018, Rahmany allegedly pressed his face into her chest. Plaintiff claims that a supervisor from Loma Linda asked her to write an incident report for human resources, but following an investigation, no action was ta...

Excerpt: ... production must set forth specific facts showing good cause justifying the discovery sought by the demand. Plaintiff moves to compel defendant's further responses to RFP Nos. 28, 29, 45 and 70‐72. Nos. 28 and 29 demand documents regarding anything to do with sexual harassment allegations made by any person other than plaintiff during the last five years, and any and all documents reflecting any and all investigations of sexual harassment towar...

Excerpt: ...stions. He seeks $3,300.00 in sanctions. Defendants Ramona Rehabilitation and Post Acute Care, Inc. & Resource Healthsystems Management (“defendants”) contend that Plaintiff's counsel asked inappropriate questions and that the objections made on Ms. Kovar's behalf were proper. They assert that there is no good cause for the discovery sought. They argue that sanctions are not warranted. Defendants complain that many of the questions asked were...

Excerpt: ...t its burden for a protective order. In evaluating the scope of discovery and motions to compel discovery, the court considers several factors including: (1) the relationship of the information sought to the issues framed in the pleadings; (2) the likelihood that disclosure will be of practical benefit to the party seeking discovery; and (3) the burden or expense likely to be encountered by the responding party in furnishing the information sough...

Excerpt: ...ssion. Plaintiff contends that there is an overriding need for it to possess the property prior to the issuance of a final judgment in this action, and it will suffer great harm if the request is denied. In this lawsuit, it seeks easement rights to install overhead lines across a vacant parcel of property. The lines are part of a major infrastructure project that is necessary to keep up with the electrical needs of Riverside County. Plaintiff con...

Excerpt: ... Plaintiff had trouble serving the summons and complaint on defendants, and filed an Application for Order For Publication on November 10, 2016, which was granted by the court. Proof of service by publication was filed on April 3, 2017. Default was entered on May 25, 2017, the default judgment was entered on July 3, 2018 and Notice of Entry of Default was filed on August 13, 2018. The default judgment is for $24,561.50. As a preliminary matter, D...

Excerpt: ...liar with the dangers of drunk driving due to multiple prior DUI convictions. (Id.) Plaintiff alleges that John Marshall fled the scene of the accident to avoid liability (Id at ¶11), which suggests that he was aware that he was driving while intoxicated. These facts constitute despicable conduct despised by ordinary people. As such, Plaintiff has stated facts to show malice. However, while these allegations are sufficiently pled to show malice,...

Excerpt: ...7 are OVERRULED; and as to Harris's Deposition, Objection 8 is OVERRULED. /// Analysis: The motion for summary judgment is denied because there are triable issues of material fact regarding the first cause of action for medical negligence as to whether the standard of care was met and whether, to a reasonable degree of medical probability, plaintiff's injuries were caused by the treatment she received. The declarations of the expert for defendant...

Excerpt: ...uments relating to Ford's “rules, policies, or procedures since 2011” concerning the issuance of refunds to buyers or providing replacement vehicles to buyers and the “policies, procedures and/or instructions since 2011” that Ford employees are required to following in responding to customer complaints regarding failure to repair vehicles. Defendant does not dispute the relevancy of the documents sought, but argues that they are overbroad...

Excerpt: ...clause unenforceable. (Graham v. Scissor‐Tail, Inc. (1981) 28 Cal.3d 807, 817.) Plaintiffs contend in their declarations they were given insufficient time to review the job applications and hiring documents containing the arbitration clauses having been “rushed” to sign them, and they were never given a copy of the documents. (Baraja Dec., ¶¶ ; Chapman Dec., ¶¶ 3‐4, 6, 9.) There is no evidence that Plaintiffs ever asked for more time ...

Excerpt: ...(CCP §387(a); Truck Ins. Exch. v. Sup. Ct. (1997) 60 Cal.App.4th 342, 346; Reliance Ins. Co. v. Sup. Ct. (2000) 84 Cal.App.4th 383, 386.) Here, Intervenor asserts that she has a “substantial interest” in this case to establish the “direct and immediate interest in the litigation” element of permissive intervention. The Trustee asserts that Plaintiff seeks unpaid wages from her employer, now deceased, that could only be paid to her from t...

Excerpt: ...AINED as a motion to strike is to be made on the face of the pleadings. The Motion is DENIED. Analysis: Plaintiff moves to strike allegations in the Answer concerning an arbitration and a written agreement involving parties who are not parties to this partition action, namely ¶¶ 4‐7, ¶ 13. The judicially noticeable facts do show that 1) the arbitration was filed by JTHI and Jones against Blumenthal, none of whom are parties in this action; a...

Excerpt: ...The only items that are potentially relevant are records related to Plaintiff's wages/salary (i.e., payroll records) and records relating to the injuries at issue in this action. However, Defendants fail to demonstrate good cause for the production of Plaintiff's entire personnel file. (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232‐33.) Defendants do not even address the breadth of the Subpoena in their opposition or offer any e...

Excerpt: ...wever, did not apply to documents which were publicly available, such as the fictitious business name statements obtained by cross‐defendant. Sanctions are denied because the present motion arises under Code of Civil Procedure section 1008, which has its own procedure regarding sanctions; had the court granted the present motion, and reconsidered the matter, then the attorney's fees provisions of Code of Civil Procedure section 425.16 would hav...

Excerpt: ...ections were not addressed as they deemed unnecessary to this court's decision. Respondent's RJN as to County Ordinances and County Records is GRANTED. 1COA (Breach of Ministerial Duty and Abuse of Discretion): The review before the County Board was not ministerial. . Under County Ordinance No. 348, section 6.50, kennels and catteries are permitted in R‐A (residential agricultural) zones, if they are approved pursuant to section 18.45. County O...

Excerpt: ...edure or file a complaint with the Department of Fair Employment and Housing and sue for a FEHA violation, once obtaining a right to sue letter. Williams v. Housing Authority of Los Angeles (2004) 121 Cal.App.4th 708, 720‐721. There are no allegations in the FAC that indicate this election did not occur. 11COA (IIED): The FAC asserts that Mathur (along with other employees of Physicians) touched Plaintiff on the butt and back, leered at Plainti...

Excerpt: ...e claim is redundant of the 1COA for fraud/intentional misrepresentation. 3COA (Contract): The 3COA also fails. To the extent that the claim is based upon an alleged breach of the purchase agreement, the claim fails because Plaintiff has not alleged that she performed under the agreement. To the extent that Plaintiff alleges a breach of a separate oral agreement, the TAC fails to set forth the terms of the oral contract, including what considerat...

Excerpt: ...tle plaintiff to relief, other allegations cannot be challenged by general demurrer. (Daniels v. Select Portfolio Servicing, Inc. (2016) 246 Cal.App.4th 1150, 1167.) 7COA (Unpaid Sick Leave): SUSTAINED for failure to state a cause of action without leave to amend. There is no private right of action under Labor Code § 245 et. seq. The Demurrer is overruled on the grounds that the statute of limitations is dispositive for the same reasons as the ...

Excerpt: ...The allegations here are of a singular failure to respond to a patient's request for assistance and not the type of “gross mistreatment in the form of abuse and custodial neglect” necessary for an elder abuse claim. (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) Plaintiff's reliance on Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1347‐1348 is misplaced; even though plaintiff alleges statutory violations similar...

Excerpt: ...ment is reasonable. The key argument raised in opposition is that High Church should, in essence, be solely responsible. However, the Estate was aware the High Church was operating an illegal business at the property since at least November 2017 when the County performed an inspection of the property and Code Enforcement notified the Estate of the violations, yet took no action to evict the High Church and allowed the nuisance to continue on the ...

Excerpt: ...reement for a 10 year lease is valid and enforceable. In other words, separate actions will not necessarily lead to inconsistent results. If Plaintiff is found not to have paid rent for November 2018, and the eviction notice is determined to be valid, then Defendants will be entitled to eviction. Whether Plaintiff has a month‐to‐month lease or a 10‐year lease is immaterial to the issue of payment of rent. Furthermore, this action does not i...

Excerpt: ...14 sale of the subject property, which was allegedly interfered with by Ocwen's action/inaction. (TAC, ¶¶13‐20.) The category descriptions seek “all” documents, which includes financial information. The parties by seeks information from 1/1/14 to present. To the extent that such documents exist, which are unrelated to the allegations concerning the 2014 sale, the subpoenas are overly broad. The discovery sought does not go the “subject ...

Excerpt: ...e present motion is § 425.16(e)(2), which provides that “an act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes … any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law.” However, Ocwen...

Excerpt: ... alleges that Essence and Silverton intended to permanently deprive Plaintiff or her property, this combined with allegations that Essence and Silverton improperly donated the horses to Villa Chardonnay appears sufficient for pleading purposes. 3COA (Trespass to Chattels): Overruled. Sufficient facts show interference with Plaintiff's property and an exercise of control over it. 4COA (Retaliatory Eviction): Sustained for failure to state sufficie...

Excerpt: ...e attorney general‐an agent of the state‐while the governmental entity on whose behalf he or she sues is the real party in interest.” (Franco v. Arakelina Enteprises, Inc. (2015) 234 Cal.App.4th 947, 962.) A plaintiff may maintain a PAGA suit without satisfying class action requirements. (Arias, supra, at pp. 981‐ 982.) ...

Excerpt: ...ion. (UMF No. 8, Soberon Dec, Ex. J.) On July 6 and September 6, 2016, Plaintiff was notified that she was approved for a Streamline Home Affordable Trial Modification. (Soberon Dec, Ex. K and M.) Select has also produced evidence that it conducted a review of later applications before determining that she was ineligible for modification. Select notified Plaintiff that she was denied on March 2, 2018. (Soberon Dec, Ex. N.) It also appears that Se...

Excerpt: ...o have an attorney represent it in a lawsuit, which he later learned from the court. He thereafter sought and retained counsel to represent and defend EJD. (Kancilia Dec., ¶¶ 3‐6.) These facts are sufficient, and appear sincere. Kancilia initially responded to the complaint on behalf of himself and EJD by filing a demurrer and petition to compel arbitration. He sought counsel on behalf of EJD after default was taken, and after attempts to mee...

Excerpt: ...Further, this matter is properly before the court as there are no allegations that this asset was ever part of a trust. 2COA (Elder Financial Abuse): There are sufficient facts to show undue influence. The only issue is standing. An elder abuse cause of action is based on injury/damages to the elder, not to the elder's heirs. See Welfare & Institutions Code §§ 15657.3 and 15657.6. If the elder dies, the right to commence an action “shall pass...

Excerpt: ... needed given the allegations against the dental assistant are already present the FAC and Plaintiff is simply seeking to amend the request for damages. ...

Excerpt: ...2:125, pp. 2‐53 to 2‐54, citing Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578‐579.) The Demurrer as to Osceolo is SUSTAINED only as to the 6COA for failure to state facts sufficient to the COA but WITH LEAVE to AMEND of 20 Days. As to all other COA pertaining to Osceolo, the Demurrer is OVERRULED. 6COA (Fiduciary Duty): “Fiduciary duties are imposed by law in certain technical, legal relation...

Excerpt: ...h Nudleman, M.D. Dr. Ritter opines that based on Ramsey's symptoms, a detailed neurological exam should have been done. (Ritter Dec. ¶ 9‐10.) He states that Defendant failed to perform visual field testing and the remainder of the exam was below the standard of care. (Id. ¶ 10‐ 12.) Based upon the competing expert opinions, both of which find support in Ramsey's medical records, there are disputed material facts as to whether Defendant's ac...

Excerpt: ...my client was unable to timely file any response (including an Answer and Demurrer) to the Cross‐ Complaint as a result of the lack of due process and proper notice as to the filing of the CrossComplaint in this matter prior to December 28, 2018, as a result of inadvertence, surprise, or excusable neglect” and that “my client has been suffering under a continuing physical disability which interfered with his ability to readily communicate [...

Excerpt: ...acts are plead to support the claim. Plaintiff's allegations that Dr. Phan recklessly disregarded her instructions and proceeded to grind away more than 50% of three of Plaintiff's front teeth (among other teeth) in order to bill Plaintiff's insurance sufficiently sets forth “extreme and outrageous” conduct. Further, Plaintiff sufficiently pleads “severe emotional distress” through her allegation that she suffered extreme anxiety that req...

Excerpt: ... to bind Virginia and her estate to the arbitration agreements. MHRC did not produce a durable power of attorney or any evidence that Decedent cloaked Stablein with the authority to sign the agreements. An agency cannot be created by the conduct of the agent alone; rather, conduct by the principal is essential to create the agency. (Flores v. Evergreen At San Diego, LLC (2007) 148 Cal.App.4th 581, 587.). ...

Excerpt: ...operty. (SAC, ¶¶2‐8.) The SAC alleges that Plaintiffs submitted a loan modification application, which Ocwen received on 10/23/13, and denied. (SAC ¶9.) The SAC alleges that Ocwen denied a second loan modification made on 10/28/14 without proper review. (SAC ¶¶25‐26.) Substantively, this claim is properly alleged. 2COA (UCL): OVERRULED. The SAC alleges that Ocwen informed Plaintiffs that they were approved for a short sale settlement off...

Excerpt: ...st in the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the Maturity Date.” (Home Affordable Modification Agreement § (3)(d).) It provides: “[t]hat all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligation...

Excerpt: ...tcy court's ruling on the homestead exemption. (FAC ¶54‐56.) That fails to demonstrate an inadequate price. Based on the granted RJN, in fact the records indicate that Plaintiffs' listed the property as worth $683,680 (RJN, Ex 4) in the bankruptcy court and the property was sold for $775,742.30 (RJN Ex. 7). So there is no evidence that the price was grossly inadequate or that the Defendant took undue advantage of the property. ...

Excerpt: ...lkin's Declaration, ¶6.) He contends that said lines are indicative of a preexisting fracture. (Id.) The x‐ray also revealed that there was a pin in this tooth, which were popular in 1980s and 90s, but have fallen out of favor because they have been found to induce fractures in teeth. (Id.) Plaintiff's expert states that it is his opinion based upon a reasonable degree of medical probability, that as of February 29, 2016, Plaintiff had a pre�...

Excerpt: ...ation of the latter's legal duties, the question remains: what legal duties springing from what contract term? 4COA (Harrassment): For failure to state sufficient facts to the cause of action. Plaintiff provides two instances of conduct to support this theory: first, the disease comment, and second the thong comment. However, these are not enough to establish a pattern of harassment. 5 COA (Harrassment): For failure to state sufficient facts to t...

Excerpt: ...btedly be helpful and necessary to assess the causes of action. Further, the records do not belong to the defendants. The information sought is not Wenda King's personal information. The Exxon Mobil records sought are again not Wenda King's but the decedent's. The time period sought is narrowly tailored. The importance of these records is to one again provide insight into Plaintiff's anticipated inheritance and defendants' actions in connection w...

Excerpt: ...s were stolen. The formation of Advantage is relevant. Further, the privacy concerns raised by the moving party as to No. 3 are outweighed by the importance and relevance of the information. The requesting party is not seeking financial information but rather information as to who owns the company from the onset and afterwards. This information is needed to access the information as to how Advantage was formed and if there was improper informatio...

Excerpt: ... state the responses are true and correct. Therefore, Defendant is to provide further CCP complaint verifications for all discovery. Sanctions as to All Motions: Denied. With the mixed results on the Motions, a reasonable dispute arose not warranting sanctions. The parties did not satisfactorily meet and confer which would have helped reduce the issues or eliminate them all together. 17.1 Granted with Responses due in 30 days. 3. MCC1701229 BROWN...

Excerpt: ... warrant an award of punitive damages. Taylor v. Superior Court (1979) 24 Cal.3d 890, 894.). It is generally settled law that in order to state a claim for punitive damages for a non‐ intentional tort, the pleadings require some degree of specificity and not generalities. Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041‐1042. That is lacking here. Also, the causes of action for failure to provide habitable dwelling and breach of the c...

Excerpt: ...try of default (see CCP §418.10(a)(3), (d); CCP §585(a)‐(c)). Said motion was filed on April 24, 2018. As to the untimely Opposition, the court exercises its discretion to consider it. As to the Motion to Dismiss, yes, this case has been slow in making progress. However, after service was effected, a series of Demurrers occurred resulting in the SAC of Jan 29, 2018, as the operative pleading. Additionally, there was underlying litigation in S...

Excerpt: ...‐open her case. (AR 70‐ 71). At this hearing, the Petitioner did appear and Petitioner's request to re‐open was denied. (AR 77‐ 79). Petitioner filed an appeal of that denial. Respondent affirmed the ALJ's decision. (AR 92‐101). The appropriate standard for the court's review of the administrative record for denial of unemployment insurance benefits is the independent judgment test. (MacGregor v. Unemployment Ins. Appeals Bd. (1984) 37 ...

Excerpt: ...tion and therefore a reasonable time spent on the case. In so doing, the court also considered the difficulty, the amount involved, the skill required, the skills and experience of the attorneys. This SongBeverly case does not appear any more or less complicated than similar actions. The concern with the hours is that 12 attorneys appear to have worked on this average case in this genre. That requires each time an attorney touches the case to get...

Excerpt: ...618, 620, are not sought to be struck. With a singular basis for the prayer surviving, there is no reason to engage in a line by line approach to the attorney's fees, the which could be properly brought posttrial for the first time any way ...

Excerpt: ......

Excerpt: ...tal recovery, nor the settlor's proportionate liability. As to the former issue of approximation of total recovery, there is no analysis in the moving papers or in the reply as to Plaintiffs' estimated recovery. The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be.” (City of Grand Terrace v. Sup. Ct. (Boyter...

Excerpt: ...e statements. With the Complaint in that state, it becomes incumbent on the moving party to show that the locations of these statements were only from the courtroom. That failure of proof being the case, the first prong of the motion is not met. A defendant must show the conduct underlying the cause of action fits into one of those four categories. (Century 21 Chamberlain & Associates v. Haberman (2009) 173 Cal.App.4th 1, 7.) And, therefore, the ...

Excerpt: ...he moving party does not meet its burden because it fails to delineate facts to provide guidance. The facts are in the responsive pleadings. ...

Excerpt: ...es in tort actions. The Attorney's Fees prayer portion of the motion fails because it is predicated on the CCP section 1021.5 surviving ...

Excerpt: ...notice as to the affirmative defenses. That each defense is not fact specifically pled is not a problem. The reality is that the concerns raised here as to the supporting facts are addressed in written discovery. ...

Excerpt: ...l of the action. (Cal. Code Civ. Pro. §2024.020(a).) Except as provided in Section 2024.050, a continuance or postponement of the trial date does not operate to reopen discovery. (Cal. Code Civ. Pro. §2024.020(b).) The initial trial date was May 25, 2018. Accordingly, the discovery motion cut‐off date was May 10, 2018. Defendants' Motion for Order Compelling Further Responses to Interrogatories, Motion for Order Deeming Admitted Requests for ...

Excerpt: ...case tried before she is either incapacitated or worse. The request is reasonably made to set trial within six to nine months. ...

Excerpt: ...ot catch?” A further shortcoming in this area is that when the plaintiff is asked to make markings which attempted to clarify the situation, Plaintiff's counsel interposed a modification to the question, which made the marking unclear. Next, the photographs are not so demonstrative that one can say that there is a gradual lip. Differing minds can have different opinions of these photos. The court could have benefited from a model or cast of the...

Excerpt: ...t the none responding party of the possibilities of obtaining paralegal help as well as other avenues. Attorney Rasmussen further offered that if time was needed that he would agree to such. Instead, no responses were given. ...

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

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

Excerpt: ... to cause delay. See for support cases involving youth baseball teams: 1. C.H. v. Hemet Youth Baseball, RIC1512685, filed October 22, 2015. (RJN, Ex. 5.1) This case was dismissed on December 17, 2015 (Ex. 5.9.); 2. Hanna v. Ian Hall et al, U.S. Dist. Court Case No. 5:15‐mmc‐00009‐UA‐DBT, filed August 17, 2015 and dismissed on September 8, 2015d (Ex. 6.1); 3. Hanna v. Hemet Youth Baseball, RIC1513590, filed November 18, 2015 and dismissed ...

Excerpt: ...he fiduciary obligations—not contractual obligations. 2COA (Fraud): Plaintiff asserts that the Listing Agreement was only for one property and Defendants improperly added the second property, but yet, she was aware that she was selling both properties in the sale. (FAC ¶15‐16, 27.) It is unclear if Plaintiff only wanted to sell one property—which she is not yet asserting. 3COA (Implied Covenant): Again, the FAC merely pleads the conclusion...

Excerpt: ...ws that after the initial collision James Lee got out of the car. At which point, Lopez took off. James Lee had to get back into the car and catch up. A chase ensued during which the evidence shows that James Lee was driving too fast. In addition, James Lee had a duty not to engage in a chase. Having just been in a car accident with Lopez, how could James Lee not be thinking that Lopez could cause another crash especially when being chased? The c...

Excerpt: ...ered analysis under CCP section 1161a. Although Malkoskie dealt with a stipulated judgment, the Court of Appeal did not cite that as a key fact in its holding. Rather, the Court wrote: [w]e therefore hold the unlawful detainer judgment has claim preclusive effect challenging the validity of … title.” Id. at 976. In the instant matter, the UD also necessarily addressed this same issue of title as it too was based on 1161a. Further, in the UD a...

Excerpt: ...ary v. Superior Court (2014) 223 Cal.App.4th 726 for the proposition that an admission eliminates the need for proof. But, St. Mary was a discovery dispute and the court was merely discussing the purpose of a request for admission—not the procedure to how to enforce it. The issues raised here are trial issues. ...

Excerpt: ...o the court's analysis. The motion for summary judgment is DENIED. The motion for summary adjudication is granted in part, and denied in part as follows: 1 st cause of action (breach of oral contract): GRANTED. Defendant met his initial burden that Plaintiffs cannot establish the existence of any contract and that their claim is barred by the statute of frauds. The burden shifts to Plaintiffs, but Plaintiffs failed to produce sufficient evidence ...

Excerpt: ...was insufficient. Finally, the form interrogatories appear to have been adequately answered. Finally, any clarification can best be dealt with in the form of a PMK deposition and deposition subpoena. ...

Excerpt: ...urance committees and by counsel. Evidence Code section 1157, 1157.6 and attorney client/work product privileges protect from discovery. ...

Excerpt: ...chael's admissions against other parties. While it is possible that there is insufficient evidence for seeking damages in excess of an owner's liability, the issue is not decided since this is a MSJ and not a MSAI. Motion for Summary Judgment denied. ...

Excerpt: ... or restitution considerations which are outweighed by the need to protect and limit a public entity's contractual obligations” Katsura v. City of San Buenaventura (2007) 155 Cal.App.4th 104, 109‐ 10. The circumstances in Russell City Energy Company, LLC v. City of Hayward (2017) 14 Cal.App.5th 54 are truly “unique” and the case does not apply to the circumstances in this case. This case would essentially allow a cost overrun to be recove...

Excerpt: ...007) 154 Cal.App.4th 498, 507‐508. It is irrelevant that more than one person could be the successor in interest and defendants offer no authority to the contrary. The court does not deal here with Defendants' Motion to Strike or Tax set next month. ...

Excerpt: ... the interrogatory, and failed to substantiate its objections. RFP Nos. 3‐6, 10, 36. GRANTED. Defendant failed to provide a privilege log and failed to produce sufficient evidence that the dominant purpose of the incident report was for attorney review. Defense Counsel's declaration lacks foundation. Request for Sanctions: DENIED based on the court's mixed ruling. ...

Excerpt: .... There are triable issues of fact as to all causes of action and issues. See Plaintiff's Separate Statement. Defendant has not met his burden to show he owed no duty to the decedent under all the circumstances presented which may include recommending the number and type of lifeguards for a possibly district student function. . (Dailey v. Los Angeles Unified School Dist. (1970) 2 Cal.3d 741, 747.) Further, there are material questions of fact reg...

Excerpt: ...of fact. Dr. Auerbach has submitted substantial evidence that he performed no dental work on plaintiff personally and never supervised or reviewed any such work and never met the plaintiff. The moving parties have submitted evidence that all work was performed by independent contractors who were licensed dentists. No evidence has been submitted that would make the corporation liable for the work of the independent contractors. Plaintiff has not s...

Excerpt: ... rights have been vested under the statute, a repeal of the statute without a saving's clause will terminate all pending actions based on the statute. Rakin v. Long Drug Stores California, Inc. (2009) 169 Cal.App.4th 1246, 1256. However, this cause of action may survive if the facts comply with CC2924.11(a). 2COA: Sufficient facts are alleged to contend that the single point of contact was not provided. 3COA: The facts here appear quite similar t...

Excerpt: ...pent on these particular motions and this case seems beyond reasonable when one returns to the subject matter of the litigation which, as far as the moving party, is a surrender of money with no claim. Also the number of attorneys working on the case seems high. However, to recognize the efforts of each attorney seems reasonable. Finally, the hourly rate seem reasonable. Therefore, the court reduces the fees to one‐half of the hours prayed for ...

Excerpt: ...equest to only claimants in California and that are within the Defendant's database is most reasonable. Sanctions are not awarded because the initial RFP was not so narrowly tailored as that which resulted from the meet and confer process. ...

Excerpt: ...ontract. Civil Code §1559 specifically allows a third party beneficiary to enforce the contract. 2COA (Elder Financial Abuse): The complaint only contains conclusory allegations. This COA requires factual allegations to support the assertions. Rice v. Clark (2002) 120 Cal.Rptr.2d 522, 527, as cited by the Plaintiff does not address pleading issues. 3COA (Fiduciary Duty): Plaintiffs fail to cite to any authority to support this assertion. 4COA (C...

Excerpt: ... this litigation is something that would never have been in FCA's control – an aftermarket alteration. Finally, DCH and Wells Fargo correctly assert that a good faith settlement does not preclude their statutory indemnity cause of action under Civil Code §1792. ...

Excerpt: ...gligence per se provides that the negligence of a person is presumed if he violated a statute or regulation of a public entity, if the plaintiff's injury resulted from an occurrence that the regulation was designed to prevent, and if the person injured was within the class for whose protection the regulation was adopted. See Evid. Code § 669; Elsworth v. Beech Aircraft Corp. (1984) 37 Cal.3d 540, 544‐45. Plaintiffs adequately plead that Defend...

Excerpt: ...The pleadings do not make clear what an “endorsement sheet” is. Without defining this term, this court could mistakenly order either more or less than requested. There is no way to know for certain. RFP 2 (“24 hour report”): DENIED. The court cannot order that which is not clearly and unambiguously defined. The pleadings do not make clear what a “24 hour report” is. Without defining this term, this court could mistakenly order either ...

Excerpt: .... §473(b) is not available. If this motion also sought to set aside default as to Fua and SAI, it is untimely too. This motion was filed approximately 10 months, nearly 300 days, after default was entered against Fua and SAI. ...

Excerpt: ...ailed to show how the financial records of the corporation have any relevance to this case given Plaintiff has only made a claim for personal lost earnings. The individual's information can be found elsewhere in this ruling. RFP 38, 39, 40, 42 and 45 is GRANTED. This information deals with the individual and is relevant. For example, any other monetary reimbursement from the corporation may be relevant to her claim of lost earnings, as she has ad...

Excerpt: ...See Undisputed Material Facts Nos. 10 and supporting evidence consisting of Exhibit 6 to plaintiffs' complaint, the declaration of Ron Nielson, ¶¶ 6‐9, and declaration of Kathleen Nielson, ¶ 6.) Even though the Moving Party claims that they were not managing the property, evidence to the contrary exists. For example, they submitted an invoice regarding charges pertaining to attorney services related to the conviction as well as management fe...

Excerpt: ....” (Vournas v. Fidelity National Title Insurance (1999) 73 Cal. App. 4th 668, 677.) “The scope and nature of the trustee's duties are exclusively defined by the deed of trust and the governing statutes. No other common law duties exist.” (Kachlon v. Markowitz (2008) 168 Cal. App. 4th 316, 335.) The trustee acts at the direction of the original beneficiary or its assignee or that entity's agent. (Yvanova v. New Century Mortgage Corp....

Excerpt: ...nd in Flatley v. Mauro (2006) 39 Cal.4th 299 and its progeny. These cases have not required the exchange of money for the COA of Extortion. IIED: The extortion facts presented are sufficient to support this cause of action as well. Litigation Privilege: This is not applicable when the communication is not made in good faith. Here, Defendants threatened to report Plaintiff to the IRS and seek administrative and/or criminal penalties unless he succ...

Excerpt: ... considered and made adjustments based on the following: (1) There was no showing that Inland Empire Counsel could not have been used. Accordingly, the use of comparable attorney's fees for San Francisco, Los Angeles, San Diego and Orange County are not persuasive. Center for Biological Diversity v. County of San Bernardino (2010) 188 Cal.App.4th 603, 615‐619 (2) Based on the court's experience a reasonable rate in this practice area would be a...

Excerpt: ...ct, enough is alleged in the general recitals. 2COA: The complaint adequately asserts facts to support the cause of action. 3COA: This is adequately plead based on the contract alleged in the recitals and ¶27. 4COA: ¶¶32 and 10 provide sufficient description of the converted property. 5COA: The threat to report without more does not amount to IIED. 6COA: Unless stated otherwise, enforcement of the Penal Code is reserved to the Executive Branch...

Excerpt: ...provided accommodation, and was fired because of the disability. ...

Excerpt: .... (Cal. Code Civ. Pro. § 2031.310(b)(2)). Plaintiff's counsel's meet and confer efforts were minimal and Defendant's counsel appears to be willing to attempt to resolve the discovery dispute informally. Several of the responses indicate that Defendant may be willing to provide further responses once some of the issues have been resolved. ...

Excerpt: ...f's counsel did here. Further, the “redline” version submitted suffices for purposes of Rule 3.1324. ...