Excerpt: ...are not unequivocal and do not establish that she cannot reasonably obtain the needed evidence. Furthermore, Defendants have not produced properly authenticated evidence that Defendants IE Rentals and Nijjar were not involved in the management of the subject property at the time of the incident. The Motion for Summary Adjudication is GRANTED as to the fifth and sixth issues for adjudication because the doctrine of negligence per se does not apply...

Excerpt: ...able to establish a basis for attorneys' fees under the same statute, although the statute itself was not pled. 2. CVSW2104311 HANDLE IT MMS LLC VS SFT REALTY GALWAY DOWNS LLC DEMURRER ON CROSS‐ COMPLAINT OF SFT REALTY GALWAY DOWNS LLC BY HANDLE IT MMS LLC, CHEZ BOUJIE INC Tentative Ruling: The Demurrer is OVERRULED as to the 1COA and 3COA. The Demurrer is SUSTAINED as to the 2COA without leave to amend as set forth below. 2COA (Waste): “Wast...

Excerpt: ...e the discovery dispute without the court's intervention, despite Defendant's Good faith effort to do so are awarded and due in 30 days. The court does not see any procedural bars. There is evidence that Defendants and FastDomain agreed to an alternative production date, thus curing any defects with the original dates. Based on the information provided in Opposition, it is clear this issue could have been handled without court intervention. Defen...

Excerpt: ...xt. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. ...

Excerpt: ... according to the complaint, the Plaintiff paid tens of thousands of dollars to the Defendants for the express purpose of paying off the mortgage on the property because he was in fact the purchaser of the property. Plaintiff claims that the money he paid was not applied to the mortgage, but was, at least in significant part, taken without authorization and utilized for the personal use and benefit of the defendant(s). According to the complaint,...

Excerpt: ...ates facts showing a reasonable and good faith attempt at informal resolution of each issue presented in the motion. C.C.P. §§2030.300(b) and 2016.040. Meeting and conferring requires “that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439. “‘Only after all the cards have been laid on the table, and a party has meaningfully assessed the rel...

Excerpt: ...or three days, along with other symptoms which he diagnosed as a possible intra‐abdominal abscess and other complications. After consultations with OB/GYM physician, Kevin Fulford, M.D., Plaintiff Collins was admitted for a Dilation and Curettage (D&C) procedure. Plaintiff Collins next sought treatment from Dr. Moody in emergency care at Loma Linda University Medical Center on 10/17/19, complaining of abdominal pain, this time in the right lowe...

Excerpt: ...at all cannabis materials had been removed. The Court accepts the sworn testimony of the respondent to the effect that the tenants who were engaged in the unlawful cultivation of cannabis have been evicted and during the County inspection conducted in March 2022 it was confirmed that no violations appeared to be ongoing. “The purpose of a preliminary injunction is to preserve the status quo until there is a final determination of a cause of act...

Excerpt: ...rrer where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. § 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law all...

Excerpt: ... invitee due to a dangerous condition on the premises (whether natural or artificial) are duty, breach, causation, and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.) Concerning the elements of duty and breach, a property owner has a duty to exercise ordinary care in using or maintaining his or her property to avoid exposing others to an unreasonable risk of injury; the failure to fulfill this duty is negligence. (Alcaraz v. Vece (...

Excerpt: ...Magnuson‐Moss federal claim indicating how it can be brought in state court other than through the Song‐Beverly Act. It is undisputed that Plaintiff purchased the vehicle in question in the state of Maryland. Song‐Berverly does not apply to vehicles purchased outside of the state of California Cummins v. Superior Court, (2005) 36 Cal.4th 478. Since California's Song‐Beverly Act does not apply there has been a failure to establish the nece...

Excerpt: ...lleged to show that the representation was false at the time it was made and that Yan and Jian had knowledge of the falsity of their representation or an intent not to perform the promise when it was made. However, the SOL argument is not persuasive as these causes of actions are in tort and not contract. 3COA, 4COA and 5COA: Financial elder abuse is not sufficiently alleged because no facts are alleged that Yan and Jiang engaged in acts that dep...

Excerpt: ...79 Cal.App.3d 494 and Gonzales v. Super. Ct. (1987) 189 Cal.App.3d 1542.) These opinions pre‐date the Legislature's 1990 amendment to CCP § 437c which disposed of the procedures discussed in the opinions. Substantively, Defendants met their initial burden by demonstrating that (1) Plaintiff consented to the extraction of her tooth number 17; (2) Plaintiff admitted that she had the opportunity to discuss the treatment alternatives with Dr. Morr...

Excerpt: ...; 8. Sustained; 9. Sustained; 10.Overruled; 11.Overruled; 12.Overruled; 13.Sustained; and 14.Overruled. Ruling 1. Fraud by Omission The Motion for Summary Adjudication is GRANTED as to the first issue for adjudication. The fraud by omission claims are barred by the economic loss rule because there is no evidence of personal injury or property damage and there is no evidence of affirmative misrepresentation. The citation to Robinson Helicopter Co....

Excerpt: ...e consider the court considered the untimely Motion. The Court considered the factors under Tech‐Bilt. Defendant Enfield contends that the medical and special damages claimed by Plaintiff are $79,213.76. However, while Defendant has produced “medical billing,” he has produced no evidence regarding the actual damages Plaintiff is seeking. (See Marcos Dec. Exhibit G.) More problematic, Defendant Enfield has produced no evidence regarding the ...

Excerpt: ...ed to summary adjudication on Plaintiff's first cause of action for breach of contract because there still remain triable issues of fact as to coverage for Plaintiff's claims and the amounts owed for covered damages. 2COA (Implied Covenant): The undisputed facts demonstrate that CSE acted reasonably in handling Plaintiff's claims, including its initial denial. As Plaintiff points out, CSE initially denied Plaintiff's claims under the vacancy excl...

Excerpt: ...ed the deposition after five hours. (Ross Dec., ¶4.) The Court then sanctioned Plaintiff for her conduct and ordered her to appear for the continued deposition. (Ibid.) The deposition was noticed for August 23, 2021, but the parties disagreed about the scope of the deposition and Plaintiff, through counsel, would not agree to answer all questions. (Id at 5; Plaintiff Dec., ¶14.) After meeting and conferring, the parties agreed that the depositi...

Excerpt: ...valid and enforceable lease agreement, and Plaintiffs were not entitled to rent. (12/18/17 Amended Statement of Decision, p. 4.) Following an appeal, the Court's decision was affirmed. (see E070363.) In addition, Plaintiffs failed to establish that AMC paid rent to Mohammad to support their breach of fiduciary plus accounting cause of action (RIC 1514603). The prior “Partnership Case” (RIC 1514603) is related to rent owed for the 7th Street P...

Excerpt: ...d below the standard of care or was a substantial factor in causing the injuries allegedly suffered by plaintiffs' decedent, Timothy Olvaney. There are triable issues regarding the following: 1. Whether there was negligence on the part Dr. Lopez; 2. Whether the negligence of Dr. Lopez was a substantial factor in causing the death of the decedent. The competing declarations of Dr. Lo and Dr. Amin are sufficiently detailed regarding the condition o...

Excerpt: ...nst Defendant himself. Plaintiff alleges Defendant acquired title by failing to disclose material facts at the time of purchase, and by taking advantage of Plaintiff based on her age and vulnerability. Plaintiff claims legal interest in the property because all of Plaintiff's monies were used to purchase the property. Plaintiff asserts a cause of action for partition and quiet title. Thus, if Plaintiff were to prevail on her claims, Defendant's c...

Excerpt: ...ns must be attached and incorporated by reference. (CRC 3.1330; see also Condee v. Longwood Mgmt. Corp. (2001) 88 Cal.App.4th 215, 218‐19.) This rule does not require the petitioner to authenticate the agreement or do anything more than allege its existence and attach a copy. (Condee, supra, 88 Cal.App.4th at 218‐19.) The burden then shifts to the opposing party to demonstrate the falsity of the purported agreement. (Id. at 218‐19.) Here, P...

Excerpt: ...ive easement. The hostility is averred in paragraphs 22‐27. 2COA (Trespass): As a matter of law, an easement is only a nonpossessory right to use another's property and is not tangible property. (Kazi v. State Farm Fire & Casualty Co. (2001) 24 Cal. 4th 871, 881.) An easement is a “limited privilege to use the land of another, but does not create an interest in the land itself.” (McBride, supra, 18 Cal. App. 5th at 1174.) Because an owner o...

Excerpt: ...cases addressing business interruption insurance are instructive. Generally speaking, losses from inability to use property do not amount to “direct physical loss of or damage to property” within the ordinary and popular meaning of that phrase; that is physical loss or damage occurs only when property undergoes a “distinct, demonstrable, physical alteration.” (MRI Healthcare Center of Glendale, Inc. v. State Farm Gen. Ins. Co., 187 Cal. A...

Excerpt: ... the Hemet Plan is not final land use determination. (Dryden Oaks, LLC v. San Diego County Regional Airport Authority (2017) 16 Cal.App.5th 383, 399.) Contrary to Plaintiff's argument, Dryden did not recognize an exception for per se facial regulatory takings (i.e., where a plaintiff alleges that a regulation results in a loss of all economically beneficial use of property). (Id. at 397‐98.) As the court noted, the “first step required in any...

Excerpt: ... the Hemet Plan is not final land use determination. (Dryden Oaks, LLC v. San Diego County Regional Airport Authority (2017) 16 Cal.App.5th 383, 399.) Contrary to Plaintiff's argument, Dryden did not recognize an exception for per se facial regulatory takings (i.e., where a plaintiff alleges that a regulation results in a loss of all economically beneficial use of property). (Id. at 397‐98.) As the court noted, the “first step required in any...