Excerpt: ...hermore, the remedy is an injunction prior to the sale, and for actual economic damages resulting from the sale. (Civil Code §2924.19.) “A borrower may state a cause of action under section 2923.5 by alleging the lender did not actually contact the borrower or otherwise make the required efforts to contact the borrower despite a contrary declaration in the recorded notice of default.” (Rossberg v. Bank of America, N.A. (2013) 219 Cal.App.4th...

Excerpt: ...tten agreement in asserting [its] claims' against the nonsignatory.” ' ” (Goldman v. KPMG, LLP (2009) 173 Cal.App.4th 209, 218.) The second applies where “a nonsignatory may compel arbitration only when the claims against the nonsignatory are founded in and inextricably bound up with the obligations imposed by the agreement containing the arbitration clause. In other words, allegations of substantially interdependent and concerted misconduc...

Excerpt: ...e of facts existed as to one or more elements of Plaintiff's causes of action or to demonstrate that it is entitled to a complete defense to these claims. Defendant Custom Commercial did not meet its burden as the motion is unopposed. As such, Plaintiff is entitled to summary adjudication as a matter of law. Plaintiff has made a prima facie showing as to the 1COA. The parties who are considered merchants of the sale of goods of the kind involved ...

Excerpt: ... the 6COA is sustained without leave to amend. (Ferrick v. Santa Clara University (2014) 231 Cal.App.4th 1337, 1341.) Lim waived any defect in service. Lim waived any defect in service by filing a substantive opposition. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) 2COA: Elder abuse claims must be pleaded with particularity. (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410.) Leaving aside that Lim has not set ...

Excerpt: ...act with their bodies, causing them to sustain injuries. (Id. at ¶ 137.) At the pleading stage, this is sufficient to state a cause of action for battery. 6COA (IIED): Plaintiffs allege that Defendants' knowing, intentional, and willful failure to remediate the bedbug infestations constitute extreme and outrageous conduct that goes beyond the bounds of decency. (FAC ¶¶ 145 & 147–148.) They allege that Defendants “knew, yet intentionally, w...

Excerpt: ...that the negligent misrepresentation claim fails to allege the claim with the required specificity regarding what was said, when it was said, and the form of the statement. 5COA: The 1COA action alleges non‐performance by “refus[ing] to comply with signing the agreement and opening escrow.” (FAC, ¶ 35.) The 5COA relies on the same conduct as the factual basis for breach of the implied covenant. (FAC, ¶ 73 [“Defendants breached the impli...

Excerpt: ...m is typically absent when a dangerous condition is open and obvious. [Citation.] ‘Generally, if a danger is so obvious that a person could reasonably be expected to see it, the condition itself serves as a warning, and the landowner is under no further duty to remedy or warn of the condition.' [Citation.] In that situation, owners and possessors of land are entitled to assume others will ‘perceive the obvious' and take action to avoid the da...

Excerpt: ...iversity (2014) 231 Cal.App.4th 1337, 1341.) 1COA (Inverse Condemnation): The United States and California Constitutions require that just compensation be paid when private property is taken or damaged for public use. (U.S. Const. 5th Amend; California Constitution, Article 1, § 19; Marshall v. Department of Water & Power (1990) 219 Cal.App.3d 1124, 1138; see also Dryden Oaks LLC v. San Diego County Regional Airport Authority (2017) 16 Cal.App.5...

Excerpt: ...e defense counsel that they were in default while they continued to litigate the case. Defendants file a Case Management statement on January 11, 2021 and an opposition to Plaintiff's motion to compel on March 2, 2021. However, the filing of documents other than an answer or other permitted responses, is not sufficient to prevent default. (See Wisdom v. Ramirez (1985) 177 Cal. App. 3d Supp. 1, 7‐8, filing of a “declaration” was did not cons...

Excerpt: ...med sufficient. As to RFP nos. 109‐117 and special interrogatory nos. 104‐114, the Motion is GRANTED subject to Belaire‐West notice. With mixed results, the sanctions are denied. Any responses due are to be provided within 30 days. Analysis by subject matter: A. Kevin Osbourne Plaintiff used to be supervised by Kevin Osbourne, who left LLUMC before plaintiff's alleged assault incident. She says Osbourne had complained about Rob Boothby, who...

Excerpt: ...o allow Plaintiffs to comply with the noncompliant matters under CMO Section H H.3(a)(vi)(A)&(B); 3(b); 3(e)(ii)&(iii); 3(k); 4(a); 4(c); 5(b); 5(c); 5(e); 9(b)(i). /// Page 3 of 4 Finally, the introductory paragraph of the Proposed Order should indicate that the Court, for purposes of the order, adopts all defined terms as set forth in the Settlement Agreement. Detailed Guidance: As to CMO Section H.3(a)(vi)(A): Is counsel Aiwazian aware of any ...

Excerpt: ...rer to the 3COA through 7COA is SUSTAINED as to both Calmwater and USRECH with 20 days leave to amend. 1COA and 2COA: The Demurrer is SUSTAINED as to Calmwater for failure to state facts sufficient to a cause of action. Rescission is technically a remedy, but nevertheless analysis follows. Movants persuasively argue that Calmwater is not a party to the loan documents so, there is nothing to rescind as to Calmwater. Notably, the FAXC alleges that ...

Excerpt: ...s understanding and intentions in entering the settlement agreement. As Defendants point out, however, Plaintiff did not submit any admissible evidence in support of his motion. Plaintiff did not submit any declaration in support of his motion. While he attached documents to his motion, they were not properly authenticated. He simply relies on the settlement agreement attached to his motion to argue that Attorney Lieberg would be a witness in thi...

Excerpt: ...o discriminate against an employee in the terms, conditions or privileges of employment because of sex or gender or physical or mental disability or medical condition. Pregnancy is a form of sex discrimination. (Gov. Code § 12926(r)(1); §12945(a),(b); Spaziano v. Lucky Stores (1999) 69 Cal.App.4th 106, 110.) Here, Defendant argues that Plaintiff cannot show she was terminated based on her pregnant status because the evidence shows Defendant had...

Excerpt: ...to Plaintiff's counsel asking to stipulate to an extension of discovery cutoff so that Defendants could serve a subpoena on BlueHost, Inc., and requested a response by July 27, 2022. (Thompson Decl. ¶ 19, Ex. M.) Plaintiff's counsel acknowledged receipt of the letter, but he did not respond to the extension request. (Id. at ¶ 20.) Plaintiff's counsel appears to oppose the extension request on the ground that Defendants' counsel signed the stipu...

Excerpt: ...ses to RFPs Nos. 81, 83, 94 and 96 35: Whether Plaintiffs are entitled to relief under the Song‐Beverly Act is entirely unrelated to requests for buyback or replacement of other vehicles. Moreover, this request is not limited to Honda Pilot. It is unclear how “all documents” evidencing or describing statistics for the number of service contracts Honda has given consumers in response to requests for a buyback or replacement of vehicles other...

Excerpt: ...ones v. Jacobson (2011) 195 Cal.App.4th 1, 17‐18 [arbitration agreement may be enforced by nonsignatories when the nonsignatory is a third‐party beneficiary of the agreement, and when a preexisting agency relationship makes it fair to allow the nonsignatory to impose the duty to arbitrate].) In their moving papers, Honda argues that it is entitled to enforce the arbitration provision under the RISC on the grounds of equitable estoppel, and as...

Excerpt: ... framework for the regulation of a nonjudicial foreclosure sale pursuant to a power of sale contained in a deed of trust.'” (Lona v. Citibank, N.A. (2011) 202 Cal.App.4th 89, 101.) “The statutory scheme has three purposes: ‘ “(1) to provide the creditor/beneficiary with a quick, inexpensive and efficient remedy against a defaulting debtor/trustor; (2) to protect the debtor/trustor from wrongful loss of the property; and (3) to ensure that...

Excerpt: ...lass certification and notice, they are the ones responsible for trying the case, appearing in court, and working with class counsel on behalf of absent members.” (Earley v. Superior Court (2000) 79 Cal.App.4th 1420, 1434.) The current class representative is a convicted child molester of a child under the age of 14. (PC288(a).) Plaintiff pled no contest to a violation of Penal Code §288 in 2002, which resulted in an incarceration of 2.5 years...

Excerpt: ...tiff admits that she informed Groves that she believed Life Care killed her father. (Second Amended Complaint, ¶ 16.) Based on that statement alone, I think it was reasonable that Life Care did not believe Plaintiff could do her job. Whether Life Care's termination of Plaintiff was legally proper is different from whether their conduct constitutes malicious or oppressive conduct. The bulk of the evidence provided by Plaintiff does not support a ...

Excerpt: ...tiff admits that she informed Groves that she believed Life Care killed her father. (Second Amended Complaint, ¶ 16.) Based on that statement alone, I think it was reasonable that Life Care did not believe Plaintiff could do her job. Whether Life Care's termination of Plaintiff was legally proper is different from whether their conduct constitutes malicious or oppressive conduct. The bulk of the evidence provided by Plaintiff does not support a ...

Excerpt: ...ort Plaintiff's arrest, Plaintiff's claims fail. Before Plaintiff's arrest, there were several incidents involving Plaintiff and Christopher where the police were called. (Exhibits 1‐5 and 7 to the Declaration of Bilal A. Essayli.) Drootin was aware of prior incidents before he arrested Plaintiff. (Drootin's Deposition, 106:21‐25; 107:1‐7) The extent of his knowledge of these incidents is unclear. (Drootin's Deposition, 107:8‐17.) Based o...

Excerpt: ...mbers of the attorney's law firm and any associated law firm to determine whether the defendant or those individuals are aware of any such similar actions. 2. Counsel shall carefully review both the terms and the terminology of the order and accompanying forms (notice, objection form, exclusion form, and any claim form) to confirm that the various documents are internally consistent, consistent with each other, and consistent with the settlement ...

Excerpt: ... the Property unusable and resulted in a significant diminution in value. (TAC, ¶¶ 13‐29, 35‐ 36.) Moreover, even assuming that the requirement of an avigation easement constitutes a “physical invasion” – and it does not – the Hemet Plan was, as reflected in the TAC, adopted by the County, not the City. (TAC, ¶ 13.) Plaintiff's argument that the generic agency allegations in the TAC are sufficient to tie the City to the adoption of...

Excerpt: ...as in a “unique position” to protect Plaintiff from the abuse under the circumstances of this. The abuser was his own father and presumably under his father's care – not the Church's care – when the alleged abuse occurred, even if it occurred on Church premises. There are insufficient facts establishing the Church had sufficient control over Jack or custody of Plaintiff to prevent the abuse from occurring. Plaintiff cites to a “wide pan...