Excerpt: ... at the time of the alleged wrongdoing.].) Plaintiff attaches Exhibit 3 to his complaint. Exhibit 3 is described as the Stock Ledger Sheet. Plaintiff alleges the Stock Ledger Sheet was “fraudulently backdated” to show the transfer to Yankie occurred on July 25, 2005, rather than the actual date in October of 2005. (Complaint, ¶ 17.) Plaintiff also alleges that “following Mr. Yankie's sale of 820 shares of his stock to Mr. Remsen…a few mo...

Excerpt: ...hat the Moving Defendant has fully performed his obligations to enforce the Settlement Agreement pursuant to Code of Civil Procedure section 664.6. Moving Defendant submits his declaration, stating that the horse has been removed from the premises on November 9, 2020, and that certain photos were returned to Plaintiffs as contemplated by the Settlement Agreement. However, the Settlement Agreement, under section 2.1, required that “the horse cur...

Excerpt: ...ient's primary caregiver from liability for the crimes of possession or cultivation of marijuana when the marijuana is possessed or cultivated “for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician”; and the Medical Marijuana Program Act, which provides guidelines to implement the CUA. (Health & Saf. Code, §§ 11362.5, 11362.7 et seq.) In addition, after the Adult Use of Marijuana...

Excerpt: ...Defendant nearly a dozen times. His statement is not that directly clear. His declaration indicates he spoke with Plaintiff regarding the substance of the underlying investigation on 1/27/16, 2/1/16, 2/2/16, 2/2/16, 2/18/16, 2/19/16, 2/22/16 and 3/25/16. (Plaintiff's Decl. ¶5.) The other communication was for payment (2/17/16), while the other statements were communications by Defendant—not Plaintiff. Defendant submits a declaration that Plain...

Excerpt: ...e third‐party administrator. Defendants are to provide contact information to the thirdparty administrator for all residents and former residents who resided in their facility at the same time as Plaintiff Lykke Jensen, as well as the contact information for the resident's representatives. There are legitimate concerns about HIPPA and privacy. However, the court must balance the interest of the party's privacy versus the public interest in obta...

Excerpt: ...gligence in striking Plaintiff; (2) negligence in hiring and supervising the security guard; and (3) negligence by failing to provide the proper security. As to the first way to establish negligence, this is negated as indicated in the analysis of the 1COA. As to the second way to establish negligence, evidence has been provided that the third party hired the security guard. (Francisco Ruiz' Declaration, ¶ 10; Maria Agueda Ruiz' Declaration, ¶�...

Excerpt: ...ses at all.” (Appleton v. Superior Court, supra, 206 Cal.App.3d 632, 636.) FROG 1.1: “Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter” (Code Civ. Proc., §2017.) The person who prepared or assisted in the preparation of the responses may be a potential party witness and the reasons provided by Defendants are not valid objections to interrogatories supported by legal authorities. ...

Excerpt: ...skilled nursing facility arguably relates to “the physical or mental condition” of an individual within the meaning of HIPAA.” (See 45 CFR § 160.103 (“Health information means any information … that … [r]elates to the past, present, or future physical or mental health or condition of an individual”).) As such, the information sought in the interrogatories in the present case appears to be subject to HIPAA protection. However, HIPAA...

Excerpt: ...f the SUBJECT VEHICLE to the present, AHM has no written rules, policies and/ or procedures concerning the issuance of refunds to buyers or providing replacement vehicles to buyers in the state of California under the Song Beverly Consumer Warranty Act and no such documents have ever existed. Repurchase or replacement requests under the Act are evaluated in good faith on a case ‐by‐case basis.” This response is compliant with CCP § 2031.01...

Excerpt: ...unable to reach a resolution, then General Motors may file a motion to stay or quash or a motion for a protective order. No sanctions are awarded. GM's Objections to the Deposition, the Categories of Inquiry and Document Requests are procedurally improper. GM served objections to the deposition notice, including objections to each category of inquiry for the PMK and to each request for production. Objections to the deposition notice are limited t...

Excerpt: ...ond to the Complaint because they believed that Plaintiff intended to resolve the issue informally. (Decl. of Marvin, ¶20.) However, Plaintiff's counsel sent a letter to Defendants on May 30, 2020 indicating that if Defendants did not confirm in writing that they would comply with the CC&Rs and approval process before any further construction, Plaintiff would pursue legal action. (Plaint. Ex. E.) Counsel also advised Defendants of the ex parte h...

Excerpt: ...ment by making $150,000 worth of capital improvement on the Clark Property for Tiger Eye to farm hemp plants on the land. Plaintiff alleges that Defendant breached his duties under the Agreement by failing to reimburse Plaintiff for the capital improvement and to distribute his share of the profit from the secret sale of 10,000 pounds of hemp. Plaintiff also alleges that Defendant breached his duties under the Agreement by interfering with Tiger ...

Excerpt: ...ond to the Complaint because they believed that Plaintiff intended to resolve the issue informally. (Decl. of Marvin, ¶20.) However, Plaintiff's counsel sent a letter to Defendants on May 30, 2020 indicating that if Defendants did not confirm in writing that they would comply with the CC&Rs and approval process before any further construction, Plaintiff would pursue legal action. (Plaint. Ex. E.) Counsel also advised Defendants of the ex parte h...

Excerpt: ...ment by making $150,000 worth of capital improvement on the Clark Property for Tiger Eye to farm hemp plants on the land. Plaintiff alleges that Defendant breached his duties under the Agreement by failing to reimburse Plaintiff for the capital improvement and to distribute his share of the profit from the secret sale of 10,000 pounds of hemp. Plaintiff also alleges that Defendant breached his duties under the Agreement by interfering with Tiger ...

Excerpt: ...rect and were necessarily incurred in the case.” (CRC 3.1700(a)(1).) Further, the motion is not identified as a memorandum of costs and did not provide Defendants with sufficient notice in order to file a proper motion to tax costs. (See CRC 3.1700(b)(1) [notice of motion to tax costs must be served and filed 15 days after service of the cost memo].) Because of the absence of the memorandum of costs, the court may not award litigation costs, an...

Excerpt: ...to be the “sole and proximate cause” of the accident. (SAC p. 5.) This defect is not curable since the car accident did not occur on Harney's property. The SAC alleges that Harney owns real property located on Calle Cabernet in Temecula. (SAC p. 6 ¶1.) It is alleged that from 2016 to 8/20/18, Plaintiff regularly visited and spent time at Harney's property with Holt, which Harney was aware of. (SAC p. 6 ¶2.) Plaintiff alleges that Harney kne...

Excerpt: ...f material fact regarding causation. (Ian Jenkins, M.D.'s Declaration, ¶ 9; Samuel Pleasure, M.D.'s Declaration, ¶¶ 8 and 11.) Plaintiff has provided declarations from medical experts to show the triable issues. The declarations indicate that Altriki failed to meet his required standard of care and that his conduct caused Plaintiff's injuries. Ian Jenkins, M.D. opines that Altriki, as the supervising physician, fell below his standard of care ...

Excerpt: ...App.4th 631, 635. “An agency is ostensible when a principal causes a third person to believe another to be his agent, who is really not employed by him.” J.L. v. Children's Institute, Inc. (2009) 177 Cal.App.4th 388, 403. Ostensible agency is implied where a plaintiff obtains treatment from a hospital, absent notice to the plaintiff that the doctors treating her are independent contractors. Mejia v. Community Hospital of San Bernardino (2002)...

Excerpt: ...ciently pleads that defendant acted with conscious disregard of the likelihood that its failure to provide appropriate monitoring of decedent would cause her injury. Additionally, against the corporate defendant the allegations are also sufficient. The SAC alleges that the corporation itself made the policies of understaffing to maximize profits and that their Executive Director, arguably a managing agent, implemented the very policies that alleg...

Excerpt: ... decedent Dietrich Thomas was employed by Defendant Barbarian Transport, Inc. at the time of the subject accident. Defendants also contend that the decedent was working “in the course and scope of his employment” with Barbarian Transportation, Inc. when the accident occurred. As evidence, Defendants submit a subpoenaed copy of the Application for Adjudication of Claim filed with the Workers' Compensation Appeals Board (“WCAB”), which was ...

Excerpt: ... account, leading plaintiff to believe it was necessary as part of processing her entrance into the College and the basketball program. Plaintiff contends that subsequently someone filed a fraudulent FAFSA application with the Department of Education with egregious misrepresentations of facts. Plaintiff asserts she did not file the fraudulent FAFSA Application. The fraudulent FAFSA generated money illegally and Mozga is alleged to have told Plain...

Excerpt: ...ter); (3) intent to deceive and induce reliance; (4) justifiable and actual reliance on the misrepresentation; and (5) resulting damage. Fraud actions are subject to strict requirements of particularity in pleading. (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 216.) The Second Amended Complaint alleges that St. Pierre, the President of the Community Water Agency misrepresented facts regarding the Water A...

Excerpt: ... exists. Declaratory Relief: The COA for Declaratory Relief fails because there is no actual or present controversy between Plaintiff and Defendant “with respect to their interests in the Subject Property and their rights and duties under the Oral Agreement.” First, in a prior unlawful detainer action filed by Defendant against Plaintiff in November 21, 2018, relating to the sublease of the subject property, a judgment was entered in favor of...

Excerpt: ...f the court finds the following two things: (1) the admission resulted from mistake, inadvertence or excusable neglect; and (2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (CCP §2033.300(b).) \ The court finds mistake, inadvertence and/or excusable neglect. The motion is accompanied by the declaration of Plaintiff's Attorney Shelly Ziese who states she made an inadvertent t...

Excerpt: ...discovery is not limited to documents admissible at trial. Discovery may concern information that is itself admissible or that is reasonably calculated to lead to admissible evidence. Documents related to the technical service bulletins for the subject vehicle may be admissible in evidence, but, even if they are not, the bulletins may lead plaintiff to other evidence and witnesses that are admissible. As to No. 26: This is similar to No. 25. Just...