Excerpt: ...ing the doctrine of informed consent, each patient presents a separate problem, the patient's mental and emotional condition is important and in certain cases may be crucial, and in discussing the element of risk a certain amount of discretion must be employed consistent with the full disclosure of facts necessary to an informed consent. It is the physician's duty to disclose to the patient all material information to enable the patient to make a...

Excerpt: ...use of action and/or is uncertain. The original Member Derivative Complaint alleged two causes of action for 1) breach of governing documents and 2) breach of fiduciary duty against Defendant Skyline Development Co., LLC and Nominal Defendant Pinnacle Owners Association, Inc. Skyline demurred to the complaint and the court found that as to the 1st cause of action there was at least one valid claim to overrule the demurrer. At the hearing, after o...

Excerpt: ...of Defendant First Student and operated a school bus for Defendant PSUSD at Plaintiff's school. Plaintiff is an 11‐ year‐old especially vulnerable disabled girl. Plaintiff's vulnerability had been communicated by her parents to PSUSD, but PSUSD did nothing to ensure that First Student and its bus drivers were equipped to help students like Plaintiff or to ensure that students like BLL would not be taken advantage of. When BLL told one of her ...

Excerpt: ...lton Worldwide, Inc. Hilton Worldwide Holdings, Inc., Embassy Suites Management, LLC, Urban Commons Highways III, LLC, Urban Commons, LLC and Brighton Management, LLC demur to the 1st through 7th causes of action in Plaintiff Sabrina St. Pierre's FAC on the grounds they fail to state facts sufficient to constitute a cause of action, and/or are uncertain and fails to state whether the breach of contract cause of action is based on a written oral o...

Excerpt: ...sented Plaintiffs in their effort to sell their property and also represented the buyer in the same transaction, acting as a dual agent.  Defendant Sperry Van Ness are real estate brokers and Stiles employer.  Defendants knew that Plaintiffs were based in Los Angeles and acquired the property as an investment and did not know for a fact if the property was hooked up to a sewer system or if there was a septic tank, and if so, whether it was ...

Excerpt: ...missed after Plaintiff's motion for preliminary injunction was denied. Moore asserts that the basis for attorney's fees is the Association's Master Declaration that states that for “any action for breach of or to enforce the provisions of [the] Master Declaration is commenced, the court in such action shall award to the party in whose favor a judgment is entered, a reasonable sum as attorneys' fees, which attorneys' fees shall be paid by the lo...

Excerpt: ...to constitute a cause of action and/or is uncertain. FACTS: The original Member Derivative Complaint alleged two causes of action for: 1) breach of governing documents, and 2) breach of fiduciary duty against Defendant Skyline Development Co., LLC and Nominal Defendant Pinnacle Owners Association, Inc. Skyline demurred to the complaint and the court found that as to the 1st cause of action there was at least one valid claim to overrule the demurr...

Excerpt: ..., retention and supervision, and negligence arising out of a motor vehicle accident. The allegations are that Plaintiff was a passenger in a vehicle driven by Defendant Byars, who ran a stop sign and collided with another vehicle. Further, that before driving, Byars voluntarily consumed alcohol to the point of intoxication. In addition, that Byars knew that shortly after drinking the alcohol that he was going to operate a motor vehicle to drive t...

Excerpt: ...nd (6) violation of PAGA arises out of Plaintiff Levi Miller's employment with Defendant Desert Community College District (District) and claims based upon the District's (1) failure to properly compensate him as a full‐time instructor at COD and (2) retaliatory decision to not hire him as an Administration of Justice instructor because the California Teachers Association had attempted to resolve his claims with the District. Essentially, Plain...

Excerpt: ...defense. See California Cas. Gen. Ins. Co. v. Sup.Ct. (Gorgei) (1985) 173 Cal.App.3d 274, 280‐281—disapproved on other Page 2 of 2 grounds in Kransco v. American Empire Surplus Lines Ins. Co. (2000) 23 Cal.4th 390, 407, fn. 11). Such denial is “most appropriate” where the pleading is deficient as a matter of law and the defect could not be cured by further appropriate amendment. California Cas. Gen. Ins. Co. v. Sup.Ct. (Gorgei), supra, 17...

Excerpt: ...s to whether the parties agreed that Defendant William Nielsen would support Plaintiff Dawn Foote. Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74. Nielsen argues that Foote lacks sufficient evidence to raise a triable issue of fact that the parties had either an express or implied agreement. Foote alleges both a sharing agreement, that is an agreement to share earnings, property, etc., and an agreement to prov...

Excerpt: ...the fact that the specific discovery requests at which this motion is directed are no longer at issue the following may be helpful to the parties going forward. “The law is well settled that, where one is bound either by law or agreement to protect another from liability, he is bound by the result of a litigation to which such other is a party, provided he had notice of the suit and an opportunity to control and manage it…. The judgment recov...

Excerpt: ... contained in the 1st cause of action are identical to those set forth against City for what is essentially a cause of action for dangerous condition of public property, as the court noted in response to moving parties' demurrer to the Complaint. Dangerous Condition of Public Property: G.C. §835 reads as follows: Except as provided by statute, a public entity is liable for injury caused by a dangerous condition of its property if the plaintiff e...

Excerpt: ....A. (McCain) wherein Plaintiffs would contribute capital to be used to secure a bank Guarantee used in connection with the purchase of gold. McCain moves (1) to quash service of summons based upon lack of personal jurisdiction and (2) to dismiss based the parties' choice of Florida as the forum for any action. MOTION TO QUASH Plaintiffs have failed to meet their burden to demonstrate that minimum contacts exist between defendant and the forum sta...

Excerpt: ...W. Pyle, Jr. for alleged problems with the maintenance and operation of the Park. Pyle moved the court for an order compelling arbitration of the plaintiff's claims on the grounds that at least 16 of the plaintiffs had leases that included agreements to mediate and arbitrate. Pyle also moved the court to stay all proceedings in this case pending arbitration. On January 23, 2018, this court heard and denied Defendant's motion. Defendant then filed...

Excerpt: ...n Plaintiffs' First Amended Complaint (“FAC”). Plaintiffs' SAC alleges 7 causes of action against Defendant as follows: 1) breach of covenant of good faith and fair dealing, 2) breach of contract, 3) negligence, 4) accounting, 5) Unfair Business Practices, 6) Intentional misrepresentation, and 7) negligent misrepresentation. The 4th cause of action for accounting was not alleged in the FAC. In their opposition, Plaintiffs state that the chang...

Excerpt: ... unconscionable. There is no dispute that Serantes agreed to arbitrate employment related claims as part of JFK's Fair Treatment Process. FTP. The FTP provides for a pre‐arbitration resolution procedure and only after that is completed binding arbitration. “If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may...

Excerpt: ...22,254.03. On 12/28/17, an assignment of the judgment and judgment lien was filed with the court reflecting that Butler Capital Corporation assigned their judgment and lien to LA Lease Holding, LLC on 10/14/14. Also filed on 12/28/17 was an assignment of the judgment and judgment lien from LA Lease Holding, LLC to Butler Capital, Inc. dated 1/20/17. On 3/22/18 a notarized assignment, dated 12/16/14, was filed with the court reflecting that Butler...

Excerpt: ...ainst Defendant in “the Butler Lawsuit,” which caused a judgment to be recorded against property located at 2392 Achilles Drive. The judgment lien would not have attached if Defendant had “complied with the law, requiring the deed to be signed over to Plaintiff.” As a result of the Butler judgment the property was lost. Defendant falsely represented to Plaintiff that she would defend the Butler Lawsuit and concealed and failed to disclose...

Excerpt: ... On April 17, 2018, this court sustained with 20 days' leave to amend demurrers to the 1 st and 7th causes of action asserted against Cross‐Defendant Joseph Tortoris alleged in Cross‐Complainant James Kollins' Third Amended Cross‐Complaint. The court's ruling was an adoption of its tentative ruling posted April 16, 2018 and the fact that no party requested oral argument and no party appeared at the scheduled hearing. Kollins failed to timel...

Excerpt: ...Defendant's opposition asserts that the following acts contained in the FACC constitute extreme and outrageous acts: Dr. Vuthoori entered Dr. Holt's medical practice and yelled at him and his staff about the purported outstanding rent causing distress to Dr. Holt's sick patients, knocked on windows and doors of and demanded meetings and threated to “take care” of Dr. Holt. Plaintiffs Surender Vuthoori, M.D. and Surender Vuthoori, M.D., Inc. m...

Excerpt: ...ce by the witnesses in March. Depositions of those experts to be taken within 15 days unless other dates mutually selected by all parties. FACTS: Defendant's motion states the following: Expert exchange occurred on January 24, 2018. Plaintiffs designated Dr. Kaee and Dr. Darvish as retained experts. On January 29, 2018, Defendant noticed the depositions of Plaintiffs' retained experts for February 13, 2018. At the time the deposition was noticed,...

Excerpt: ...ns are privileged and that there are only three narrow exceptions to overcome that privilege, which are: 1) intentional waiver, 2) the gravamen of the case is so intertwined with the return that waiver has occurred, or 3) public policy outweighs the privilege. Plaintiff asserts that none of these exceptions apply in this case. In addition, Plaintiff asserts that as the S Corporations sole shareholder he has a personal financial privacy right. As ...

Excerpt: ...is motion, SCE seeks summary adjudication of the inverse condemnation cause of action. In order to establish inverse condemnation Plaintiff must prove that the facilities at issue were serving a public use. The motion is a based upon the grounds that there is no triable issue of fact that the facilities at and near the bank were serving a public use because they were not serving the public at large. SCE has failed to show that there are no triabl...

Excerpt: ...nce on Representations of Partnership, 2) Common Count for Work Labor and Services Rendered, 3) Breach of Contract, and 4) Common Count for Reasonable Value of Services (Quantum Meruit). /// /// Page 2 of 7 The Third Amended Complaint alleges as follows: Defendants Barry Werner and Simon Werner and KGA, Inc. were the owners of Defendant KMR Tours. Defendant Baruch Erblich was doing business as Afikoman Tours. Defendant Premier Passover was a part...

Excerpt: ...ker Corporation were Plaintiff's agent for the sale. The gravamen of this action is that Downs made certain misrepresentations to Plaintiff about the value of his property in order to get Plaintiff to sell it far below market value to investors with whom Downs was working. The motion based upon the grounds that the complaint does not state a claim for punitive damages against Defendants. Plaintiff has failed to plead fact showing corporate liabil...

Excerpt: ...n, that Burrell “was physically and emotionally … Hudson … and was also physically and emotionally abusing his other son Kaiden… from a relationship with Lyndsay Hunter. The actual words were that the Plaintiff punched Hudson and threw him into a swimming pool, pinching his body and forcing him to sit naked outside then throwing a telephone at him and there he forced the two boys to fist fight one another”; that Cebreros later repeated ...

Excerpt: ...ys' fees and costs are to be paid within thirty (30) days of the date of the hearing on this motion. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiff Brian Meuse moves the court for an award of attorney's fees of $27,716.25 and costs of $2,665.15 pursuant to Civil Code section 1794(d) of the Song‐Beverly Consumer Warranty Act as the prevailing party pursuant to the acceptance of a 998 Offer to...

Excerpt: ...o be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton r...

Excerpt: ...ive, a Protective Order. During discovery Defendant Contain‐a‐Way, Inc. produced a list of 1,023 alleged class members' names, addresses, and telephone numbers, which Plaintiff's counsel used to initiate communications with putative class members. Defendants served an SDT on Plaintiff's counsel seeking three categories of documents: 1) written communication sent by the law firm to putative class members, 2) documents evidencing failed attempt...

Excerpt: ..., when she slipped and fell on a wet floor in a patient's room while the room was being cleaned by Acela Ortiz, a housekeeper employed by moving Defendant, Healthcare Services Group, Inc. (HSG). HSG provided housekeeping services pursuant to a contract with HSG. Ortiz was cleaning the patient's room because Cisneros had called housekeeping after arriving at the patient's room to find fecal matter on the patient, bed and floor. Cisneros had therea...

Excerpt: ...Misrepresentation, 3) Unfair Business Practices and 4) Breach of Contract. Thereafter, on April 13, 2018 this court heard the Demurrer to the First Amended Complaint (“FAC”) and sustained with leave to amend as to the 1st, 2nd and 3rd causes of action for: 1) Fraud, 2) Negligent Misrepresentation, 3) Unfair Business Practices and overruled the demurrer to the 4th cause of action for Breach of Contract. The Second Amended Complaint (“SAC”)...

Excerpt: ...ty, the Shadow Mountain property, demurrers to the 14th c/a for declaratory relief, 15th c/a to quiet title and 16th c/a for wrongful foreclosure. Plaintiff alleges that Defendant Biyikoglu forged the signature of the purported buyer, Five Star, LLC, on the purchase agreement and then forged the deed transferring title from Five Star to Scion and that as a result all transfers or interest obtained thereafter are void. Plaintiff has alleged facts ...

Excerpt: ...AC”). Plaintiffs' Second Amended Complaint (“SAC”) alleges 7 causes of action against Defendant as follows: 1) breach of covenant of good faith and fair dealing, 2) breach of contract, 3) negligence, 4) accounting, 5) Unfair Business Practices, 6) Intentional misrepresentation, and 7) negligent misrepresentation. The 4th cause of action for accounting was not alleged in the FAC. In their opposition, Plaintiffs state that the changes between...

Excerpt: ...epresented the functionality of the transmission. Defendant has not shown prejudice. The judge has discretion to deny leave to amend when the party seeking the amendment has been dilatory and the delay has prejudiced the opposing party. (See Hirsa v. Sup.Ct. (Vickers) (1981) 118 Cal.App.3d 486, 490.) If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an ...

Excerpt: ...d bug bites suffered by Plaintiffs when they stayed in Room 2328 at Marriott's Shadow Ridge Villas form 08/22/2015 through 08/24/2015. Plaintiffs, Nikkya Ramsay and her son, D'Artagnan Wade, Jr., who was 5 years‐old at the time, allege that they experienced bedbug bites during their stay but thought that the marks were mosquito bites or a rash, that on waking on the morning of the 25th, after they had returned home, they found numerous bites co...

Excerpt: ... party pursuant to the settlement agreement entered on 2/15/18. Approximately 15 months after the case was filed the parties settled this matter on the day it of trial for $77,500.00. A verified fee bill is prima facie evidence the costs, expenses, and services listed were necessarily incurred. (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Furthermore, a declaration attesting to the accuracy of the fee bill is presumed credible. (Horsford v....

Excerpt: ... Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code Civ. Proc. § 437c(c).) Page 2 of 8 A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (...

Excerpt: ...ation of federal fair debt collection practices act and (7) libel and (8) conspiracy arises out of alleged Page 2 of 4 breaches of agreements to settle a dispute between Plaintiff, a homeowner at La Toscana, and the HOA regarding unpaid assessments. Defendants' motion is based upon the grounds that there is no triable issue of fact as to the 2nd and 7th causes of action. There is a triable issue of fact whether Griffith misrepresented his authori...

Excerpt: ...recovery against Defendant Minnis and her then employer, Defendant Access Nurses, of the judgment paid and costs incurred in the underlying action. The contract sued upon was entered into between Access and non‐party Broadlane, Inc. JFK is an express third‐party beneficiary of the contract. The contract provides for the following: Access is a nurse staffing company or “supplier”. Broadlane negotiates group contracts with suppliers for nur...

Excerpt: ...Lexington”) Complaint alleges five causes of action for: 1) Negligence, 2) Negligent Hiring/Supervision, 3) Breach of Contract, 4) Breach of Express Warranty, and 5) Breach of Implied Warranty against Defendants Love's Travel Stops & Country Stores, Inc, Love's Country Stores of California and Melecio Gamoa. The Complaint alleges that Lexington issued an insurance policy to Howl Transportation, LLC. Pursuant to the policy, Lexington covered fir...

Excerpt: ...st Francisco Cano, Israel Flores and Flores & Flores Trucking. A Proof of Service (“PoS”) filed 2/15/18 states that Defendant Francisco Cano was served via substitute service on 1/24/18 by serving a “John Doe” occupant at 8:13 p.m. (Age: 40's Weight: 170 Hair: Black Sex: Male Height: 5'6” Eyes: Brown Race: Hispanic) and thereafter mailed to Cano at the same address of 17147 Orange Way, Fontana, CA 92335‐ 3928. In support of his motion...

Excerpt: ...t “Any judge, at any time, before or after commencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “This statutory provision giving the courts the power to permit amendments in the furtherance of justice has received very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) “Tha...

Excerpt: ...relief are related to the 2nd cause of action the court grants the motion with 30 days leave to amend. A motion to strike lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. C.C. §3294 provides that exemplary damages are allowable where the defendant is guilty of ma...

Excerpt: ...he deposition for April 4, 2018. At the time the deposition was noticed, Hubbard was residing at his Palm Desert Residence. The deposition was noticed for Palm Springs, which is within 75 miles of Hubbard's Palm Desert residence. Hubbard asserts that at the time the deposition was noticed there was a discovery stay in place due to a pending anti‐SLAPP motion by Defendants Cox, Castle & Nicholson LLP, Paul Titcher and Adam Englander (collectivel...

Excerpt: ...mplaint on the grounds that the undisputed material facts establish that: (1) Herrera was not the alter ego of Shadow Hills Plaza, LLC, (2) Herrera did not breach the contract, (3) Herrera did not breach the implied covenant of good faith and fair dealing, (4) Herrera did not conceal any matters in connection with the sale of the property, (5) Herrera did not make any misrepresentations in connection with the sale of the subject property, and (7)...

Excerpt: ...e pursuant to Code of Civil Procedure Section 1019.5. Defendant Dr. Wittler moves the court for summary judgment on the grounds that he complied with the applicable standard of care in the care and treatment of Plaintiff Erin Nepusz. There are no triable issuex of fact as to the applicable standard of care and whether Dr. Wittler breached the standard of care. “[A] physician is required to possess and exercise, in both diagnosis and treatment, ...

Excerpt: ...mplaint alleges that Norden is a resident under the care of Watermark a residential care facility. In February 2017, Norden was 87 years old and residing at The Fountains in Palm Desert, California. Upon his admission, Norden was assigned to an apartment and was provided an emergency necklace in case he suffered a fall or other sort of emergency while at the facility. On February 16, 2017, Norden fell in his apartment and could not get up. Norden...

Excerpt: ...Hudson … and was also physically and emotionally abusing his other son Kaiden… from a relationship with Lyndsay Hunter. The actual words were that the Plaintiff punched Hudson and threw him into a swimming pool, pinching his body and forcing him to sit naked outside then throwing a telephone at him and there he forced the two boys to fist fight one another”; that Cebreros later repeated those words to Brigman and Hunter; that Cebreros also ...

Excerpt: ...dramatically windy day and was significantly injured when a tree fell on the golf cart he was riding in and later died four days later after he underwent surgery related to the injuries. The allegations are that defendants were negligent in the maintenance of the golf resort, specifically failing to maintain the trees on the golf course and the failure to properly prune the trees. That defendants were aware that the trees were suffering from a la...