Excerpt: ...way 111, LLC, Urban Commons, LLC and Brighton Management, LLC move the court for summary judgment on Plaintiff Gary Bruce's First Amended Complaint, or in the alternative summary adjudication as to each of Plaintiff's causes of action for: 1) negligence, 2) nuisance, 3) negligent infliction of emotional distress, 4) breach of contract, and 5) breach of quiet enjoyment. On 4/20/19 this court ruled on Defendants' demurrer and motion to strike porti...

Excerpt: ...ith leave to amend. In sustaining the prior demurrer the court noted that each of Plaintiffs' 4 causes of action were based on the premise that Defendant, Plaintiffs' real estate agent and broker, owed them a duty to investigate whether or not the express representations and warranties made by Plaintiffs to buyer, as sellers of certain commercial property, were in fact accurate. The court noted that none of the cases cited by Plaintiffs stood for...

Excerpt: ...sonable safe condition, in that they failed to properly maintain pest control on the property, Plaintiffs endured slum‐type living conditions resulting in financial loss, personal injury and emotional distress. Following to court's ruling on the demurrer to the original complaint and motion to strike. Plaintiff filed this FAC. The Demurrer is based upon the grounds that the 6th cause of action for IIED, 9th cause of action for Fraud and 10th fo...

Excerpt: ... of resident's rights‐H&S Code § 1430(b) and (3) wrongful death is brought by Jessica Floyd both as the successor interest to decedent Reba Fay Owens and individually against CNRC, LLC a nursing and rehabilitation center. The gravamen of the complaint is that CRNC's neglect led to Owens' death. This agreement is expressly governed by the FAA. “The parties to this Arbitration Agreement acknowledge and agree that the Admission Agreement and th...

Excerpt: ...ws: Page 7 of 8 No. 16.1: Do you contend that any person, other than you or plaintiff, contributed to the occurrence of the incident or the injuries or damages claimed by plaintiff? If so, for each person: (a) State the name, address, and telephone number of the person; (b) State all facts upon which you base your contention; (c) State the names, addresses, and telephone numbers of all persons who have knowledge of the facts; and (d) Identify all...

Excerpt: ...cannot meet his burden of proof that the subject tire was involved in the incident had any product defect or that any purported product defect caused or contributed to Plaintiff's claimed injuries. Therefore, Plaintiff cannot Page 2 of 8 meet his burden of proving any of the elements of his causes of action against Titan, the alleged manufacturer of the tire. Summary judgment is granted when a moving party establishes the right to entry of judgme...

Excerpt: ...oyees, plaintiffs foot got caught in the excess portion of a seatbelt which was loose on the floorboard of the van, and plaintiffs body was violently thrown unto [sic] the concrete outside, causing him serious bodily injuries. Plaintiff reported the incident to the defendant' s employees but was refused access to medical care for days, despite repeated requests. Plaintiffs injuries and the employees' refusal to get him medical care caused plainti...

Excerpt: ...bstantially reduced as 1) motion was not timely or served pursuant to mandatory statutory guidelines, 2) seeks fees pertaining to matters unrelated to the motion, 3) fails to introduce any evidence to support the rates claimed by attorneys Keane, Huso or paralegal, 4) failed to engage in a proper lodestar analysis for the fees claimed, 5) the lodestar analysis conducted by Plaintiff confirms that the fee request is excessive, and 6) the deadline ...

Excerpt: ... 201.6; Special Interrogatory 27‐33, 44‐50, 59, 62, 64); 2. Plaintiff's dissatisfaction with Defendant's Responses, despite the Defendant adequately supplementing its Response (FI‐ Employment 201.4, 209. 2, 211.1; Special Interrogatory 7, 24, 42, 43); Page 2 of 4 3. Requests purporting to seek information about Plaintiff's employment and claims in this lawsuit, but which Defendant claims are facially overbroad, unduly burdensome, and which ...

Excerpt: .... Page 12 of 15 Cross‐Defendant Mitchell Altman moves the court for summary judgment, or in the alternative summary adjudication, on Cross‐Complainant Yun Hei Shin's Second Amended CrossComplaint on the grounds that all causes of action have no merit and/or are moot and that Shin lacks standing to bring such claims. Murray Altman (“Altman”) is the sole managing member of Desert Springs Financial, LLC. (“DSF”) Defendant Mitchell Altman...

Excerpt: ...s of the Davis‐Stirling Act. This matter may indeed be moot in light of the court's ruling in the Asher matter. However, the court intends to issue the same order for the same previously litigated and argued reasons insofar as the issues are the same. Plaintiff's 10th cause of action is asserted against Defendants The Morningside Community Association (“HOA”), David Peters (“Peters”) and Peters & Freedman (“D&F”) and Does 3‐5. The...

Excerpt: ...2.5 (2nd coa) and Violation of Labor Code §§6310 and 6311 (3rd coa) on the grounds they fail to state facts sufficient to constitute a cause of action against them and are sham pleadings. On 4/10/19 this court heard and sustained with leave to amend as to Plaintiffs' 2 nd and 3rd causes of action as to moving parties. The court found that the causes of action were based upon allegations that Jay was terminated for reporting two alleged workplac...

Excerpt: ...owes Caltrans a duty to defend. A plaintiff may move for summary adjudication of a cause of action if the plaintiff asserts there is “no defense” to that cause of action; the plaintiff's burden of proof on such a motion is to prove each element of the cause of action entitling the party to judgment on that cause of action. CCP §437c(f)(1), (p)(1); Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241. On October 6, 2016...

Excerpt: ...before 03/08/2019. On 02/21/19, this court found that there was a willful violation of its 10/11/2018 order in that Petitioner failed to file her opening brief. The court therefore dismissed the action. On 04/16/19, Petitioner filed a “Declaration of Susan Cogliano, Motion to Vacate Order Entered on 02/21/19” and on 04/29/2019 a “Second Declaration of Susan Cogliano, Rebuttal to Opposition to Good Cause…” in both of which she claimed th...

Excerpt: ...eted private mediation and were successful in resolving their dispute. The parties (King and Franklin) executed a written Settlement Agreement on May 2, 2019 along with non‐parties Nick Franklin, Elliot Megdal and Taylor Megdal. The terms of the settlement are set forth in Paragraph 3 of the written agreement as follows: 3.1. Within three court days after the execution of this Agreement by all Parties, King (with respect to the Action) and Fran...

Excerpt: ...00,000 in damages. Plaintiff moves for an order quashing or modifying deposition subpoenas issued and served by Defendant on June 5, 2019, to (1) Tower Market; (2) Blue Shield of California; and (3) Sam Ahdab, MD. In addition to the above, Plaintiff moves to quash, or in the alternative, modify Defendant's subpoena issued on June 7, 2019, to (1) Quantum Medical Radiology; as well as the subpoenas issued on June 13, 2019, to (1) Desert Regiona...

Excerpt: ...(4) justifiable reliance, and (5) resulting damage. (Engalla v. Permanente Medical Group (1997) 15 Cal. 4th 951.) (Lovejoy v. AT&T Corp. (2004) 119 Cal. App. 4th 151, 157‐158.) Plaintiffs allege that Louise told Autry that WFLF was looking for a new ranch for the horses because the owner of their previous home had stolen from WFLF and poisoned some of the horses. (Complaint (Compl.)), ¶18.) Louise this statement was allegedly false and intende...

Excerpt: ...aintiff Nita Brasch's Complaint on the grounds that they fail to state facts sufficient to constitute a cause of action against them and/or uncertain and/or barred by statute of limitations. Plaintiff frames her case as one involving slum housing conditions, including bed bug infestations, mold infestation, rodent infestation, infestation by other vermin and pestilence and deplorable living conditions. Plaintiff's claims arise out of a unit she l...

Excerpt: ...ve of court. Accordingly, the court SUSTAINS without leave to amend. Although this court granted leave to amend the TACC (in ruling on the demurrer filed by Joanna Lents) that did not give Dunlap leave to do anything other than address the causes of action related to Cross‐ Defendant Lents. Granting leave to amend in an order sustaining a demurrer “must be construed as permission to the pleader to amend the cause of action which he pleaded in...

Excerpt: ... him as an Administration of Justice instructor because the California Teachers Association had attempted to resolve his claims with the District. Essentially, Plaintiff alleges that he was teaching 9 units as a part‐time Administration of Justice (AJ) instructor and 10 units as Basic Peace Officer Training (BPOT) Coordinator. The BPOT Coordinator, was well over the 10 units that would require the District to classify him as full‐time and tha...

Excerpt: ...plicable causes of action. DISCUSSION: 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 regarding amendment of pleadings applies as on sustaining demurr...

Excerpt: ...s Complaint and FAC. In ruling on the last demurrer (to the FAC) the court noted that the FAC failed to plead facts with particularity that support an elder abuse cause of action and further failed to allege facts sufficient to impose corporate liability. Accordingly, the court sustained with leave to amend to provide Plaintiffs an additional opportunity to allege a cause of action for elder abuse against moving parties at this stage of discovery...

Excerpt: ...aintiffs assert the 3rd cause of action against HK and Flaherty and the 4th cause of action against Flaherty. The pertinent alleged facts related to the professional negligence and negligent misrepresentation causes of action are as follows:  HK and Flaherty are professional licensed real estate brokers and/or salespersons involved in the purchase and sale of the property at issue.  HK and Flaherty represented the seller, Defendant Miller, ...

Excerpt: ...aintiff'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 losing party in s...

Excerpt: ...n for: 1) Medical Negligence, 2) Lack of Informed Consent and 3) Loss of Consortium. 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. C.C.P. § 437c(c). 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 o...