Excerpt: ...antiated or allowable under CCP §1033.5(b); not reasonably necessary to the conduct of the litigation in violation of CCP §1033.5(c)(2); not reasonable in amount in violation of CCP §1033.5(c)(3), and not reasonably incurred in violation of Civ. Code §1794(d)(6). FACTS: Defendant moves to strike the following: 1) $90 filing fee; 2) $7,848.14 in deposition costs, or at a minimum $869.49; 3) $1,539.95 in service of process fees, or at a minimum...

Excerpt: ...'s fees. Request 3: 1st, 2nd, 3rd and 7th causes of action. Request 4: Request for injunctive relief. C.C.P. §436(a) provides that a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255. The same liberal policy r...

Excerpt: ...t and Arbitration, (Second Agreement. Defendant seeks to compel arbitration pursuant to both agreements. “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequi...

Excerpt: ...h 7th causes of action (note: Complaint has two 4 th causes of action, so the second is referred to as the 5th cause of action and the 5th and 6th restated here as the 6th and 7th causes of action to address this error) in Plaintiff Bikram Yoga Plus Palm Springs, LLC's Complaint on the grounds they fail to state sufficient facts to constitute a cause of action. The Complaint alleges in pertinent part as follows: • The original leasehold was hel...

Excerpt: ...age. The demurrer is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. The court sustained the demurrer to the elder abuse cause of action in the original Complaint and FAC because Plaintiff had not pleaded elder abuse with the required specificity. The only relevant allegations as to AG Rancho Mirage in the FAC were as follows: RANCHO neglected to provide medical care for DOBREMSYL'...

Excerpt: ... Agarwal and Royale Residential seeking: Any and all employee files for Kimberly Delgado … including hiring documents, termination documents, resignation documents, write‐ups, written warnings, accolades, notes regarding oral warnings, correspondence, performance reviews, time‐off requests, vacation requests, and any other documents related Page 2 of 4 to Kimberly Delgado's employment with your company from February, 2015 through and includ...

Excerpt: ...rust, LJ Acquisitions, LLC, M.A.N. Holdings, LLC, CV Land Company, LLC, GMS Developments, LLC, DDGC Holdings, LTD, Glen Brayshaw, Michael Nyhuis, and Sean Runnels (“Defendants”) demur to the 1st – 12th causes of action in Plaintiffs Glenn Melvin and Francisca Saliwan's Complaint on the grounds they fail to state facts sufficient to constitute a cause of action and/are uncertain or barred by the applicable statute of limitations. In addition...

Excerpt: ...nsons. The gravamen of the action is that Defendants misrepresented that the subject property had a place where the Johnson's could park their RV. Plaintiffs' claimed damages are approximately $35,000. Sandahl, Hilgenberg and Wilson have settled with the Johnson for $13,500, $4,500 each. Brill and Mata argue that application should be denied because the settlement amount is “too little” and the application for good faith settlement fails to c...

Excerpt: ...f alleges that Estelle's osteopath, Defendant Dr. Howard Levy, implemented Estelle's plan to deprive Plaintiff of an effective course of treatment by providing placebos that left Plaintiff untreated, disoriented, and confused. (FAC, ¶, 2:20‐22.) The demurrer is based upon the grounds that 9th cause of action for assault and 10th cause of action for battery are uncertain and fail to state a cause of action. The FAC does not allege harmful or of...

Excerpt: ...ctual allegations required to support a punitives claim. (Smith v. Sup.Ct. (Bucher)) (1992) 10 Cal.App.4th 1033, 1041–1042; (Anschutz Entertainment Group, Inc. v. Snepp) (2009) 171 Cal.App.4th 598, 643.) Moreover, Plaintiff has pleaded no facts which show authorization, ratification, advance knowledge, malice, etc. on the part of an officer, director or managing agent of the corporation as required to state a punitive damages claim against a co...

Excerpt: ...non‐party David Castillo regarding a debt owed by Castillo to CVCS and title to the subject real property. Accordingly, Armcon, Fernandez and Castillo entered into a Settlement Agreement and executed a stipulation for entry of judgment in INC 1702951. Pursuant to the Settlement Agreement, Castillo was to pay CVCS $40,000 with a first payment of $5,000 due on June 15, 2019, and thereafter monthly payments in the amount of $2,917. The Settlement ...

Excerpt: ... Plaintiff alleges that “[w]hile under the care and treatment of DEFENDANTS from May 17, 2018‐ May 20, 2018, O' BRIEN suffered multiple injuries including a GI bleed which led to extreme pain and suffering and an untimely death.” (FAC ¶ 17.) This the only specific factual allegation. The remaining allegations are general boilerplate. For example, the very next paragraph of the FAC states, “MANOR CARE neglected to provide medical care for...

Excerpt: ...and (4) breach of contract arises out of bed bug bites suffered by Plaintiff when she was a guest at Defendant's Embassy Suites hotel in Palm Desert. Plaintiff alleges that she suffered bedbug bites the first two nights of her stay, after which she complained about the bedbugs and was moved to a different room. The demurrer is based upon the grounds that each cause of action fails to state a cause of action and is uncertain. 2 nd cause of action�...

Excerpt: ...ndant' s personal habit, known to her friends and associates, to drink during the day even though she knew that she would be driving that day. On the day in question, throughout her drinking the Defendant knew that she would be driving. Further, Defendant understood that drinking aggravates the risk of automobile accident and injury. Defendant was aware on the very day of her accident that her act of drinking and then driving increased the risk o...

Excerpt: ...t in a truck and pummeled Plaintiff with rocks thrown from the truck's windows knocking Plaintiff unconscious on the ground with a serious head wound and other injuries. The court sustained the demurrer to the 9th cause of action for premises liability against Defendant Capri Palm Desert Association (Capri) with leave to amend because the FAC failed to allege facts that showed Capri owed Plaintiff a duty of care. The FAC alleged that “Defendant...

Excerpt: ... of Defendants only based upon representations by the notary who notarized the subject deed, Mercedes Gutierrez, a friend of Defendant Anna Ramirez, that the parents could not put the names of more than two grantees on the deed. The motion is based upon the grounds that Plaintiffs failed to properly serve, record and file the lis pendens and that Plaintiffs cannot show the probable validity of their real property claim. Page 2 of 3 TECHINACL DEFE...

Excerpt: ... criminal proceedings or until the statute of limitations has run on criminal prosecution, so that defendant can no longer claim a Fifth Amendment privilege. (Pacers, Inc. v. Sup.Ct. (Needham) (1984) 162 CA3d 686, 689— depositions postponed for one year, at which time criminal prosecution would be barred.) However, such a stay is discretionary; defendant has no right to a blanket stay on Fifth Amendment grounds. (Klein v. Sup.Ct. (Thomas) (1988...

Excerpt: ....5, and (5) Wrongful Termination in Violation Of Public Policy is based upon allegations that Plaintiff was terminated for “raising concerns over unpaid wages, lack of meal and rest breaks, and child pornography discovered on company computer(s).” (Compl. ¶ 15.) Elena Bulatova Fine Art El Paseo LLC (El Paseo) moves for summary adjudication of the first four causes of action on the grounds that Plaintiff was not employed by El Paseo, and both...

Excerpt: ...t D/T Carson Enterprises, Inc. and Dale Carson move the court for an order compelling Plaintiff Fidel Torres to produce his cell phone for inspection, copying, testing, sampling and production of electronically stored information and request for sanctions of $3,590. Defendant asserts the following: Defendant D/T Carson Enterprises, Inc. propounded RFPs (Set One), which included Nos. 27, 29, 34 and 35 seeking documents supporting Plaintiff's claim...

Excerpt: ...o Columbia's policy which allowed management to restrict rest periods to the premises; 3. Meal and Rest Break Policies—All Class Members during the Class Period who were subject to Columbia's “customer‐first” policy which denied or reduced their meal and rest breaks; 4. Rounding Policy—All Class Members during the Class Period who were subjected to Columbia's rounding policy of rounding time to the nearest quarter hour; 5. Inaccurate Wa...

Excerpt: ...d thousand vehicles throughout the United States equipped with defective continuously variable transmissions ("CVT")… [which] were installed in all Seventh generation (i.e., model year 2013 — 2017) Nissan Sentra automobiles and 2012‐2017 Nissan Versa automobiles sold or leased to consumers, including Plaintiff” (Compl. ¶ 17) and that the defective transmission caused "hesitation from a stop before acceleration; hard shaking during decele...

Excerpt: ...te and local law and Burrtec's exclusive franchise agreements with the cities of Indio, Coachella, Palm Desert, Cathedral City, and Indian Wells and the County of Riverside and Southern Coachella Valley Community Services District and any other city, county, district or territory in which Burrtec has an exclusive franchise agreement. Burrtec's franchise agreements provide that they have the exclusive right to collect, transfer, transport, recycle...

Excerpt: ...equired under the CBA, Plaintiff's performance after observing Plaintiff in the classroom and giving him a negative rating; that “[o]n April 18, 2017, PLAINTIFF grieved Dean Tabor' s negative teaching evaluation pursuant to the terms of the CBA. As part of his complaints, PLAINTIFF also raised the issue of discrimination in violation of the law”; that although he had been assigned to teach Earth Sciences… in the Fall of 2017, he received a ...

Excerpt: ...commencing March 31, 2020 and estimated to last seven days. Page 4 of 4 FACTS: Plaintiff DK Holdings opposes the motion and asserts that Defendant's motion is baseless as res judicata does not apply to the state court claims. In addition, Plaintiff asserts that this is Miva's second attempt as they already brought a motion in the federal district court asking the court to find res judicata applicable and issuing an injunction staying this action,...

Excerpt: ...o state facts sufficient to state causes of action for fraud and elder abuse and/or are uncertain. Moving parties previously demurred to these same causes of action in CrossComplainant's First Amended Cross‐Complaint with leave to amend noting that as to the fraud cause of action the FACC failed to plead facts with the requisite specificity and as to the elder financial abuse cause of action that the facts were insufficient to state a cause of ...