Excerpt: ...e whether the contract is written, or implied; and fails to plead a monetary amount in controversy that meets the jurisdictional requirement of this court. The Plaintiffs allege four causes of action for: 1) breach of contract, 2) conversion, 3) Violation of Penal Code §496, and 4) fraud. The allegations are as follows: Defendant Martin created a GoFundMe page, with Defendant Gaytan's assistance, seeking $50,000 in donations for specific medical...

Excerpt: ...e court previously sustained with leave to amend as to these causes of action. Toyota asserts that these causes of action remain uncertain as to it and fails to plead the fraud and negligent misrepresentation claims with the requisite specificity. Further, that the Son‐Beverly claim fails as the alleged “defect” is that the car had prior accident damage but was a certified car as accident damage is not covered by warranty and not a defect i...

Excerpt: ...the following RFAs: RFA No. 1: Admit that you had been drinking alcohol prior to your fall on the date of the incident. Response: Objection. This interrogatory is vague and ambiguous as the term, “prior.” As such, and without further clarification from Propounding Party, Plaintiff is unable to admit or deny this request at this time. Discovery and investigation are ongoing and Plaintiff reserves the right to supplement and/or amend this respo...

Excerpt: ...d Marriott Vacations Worldwide Corporation move the court for summary adjudication as to Plaintiff's 1st, 3rd, 4th, 5th, 6th, 7th, 8th and punitive damages claims. Further, with respect to Defendant Marriott Vacations Worldwide Corporation all of Plaintiff's claims fail as they did not employ Plaintiff during any of the relevant times associated with the alleged claims. Page 2 of 11 The material facts related to this case are as follows: Plaintif...

Excerpt: ...ors, Roy and Susan Hofheinz, based on discriminatory intent due to Plaintiff's sexual orientation filed a complaint with the HOA regarding Plaintiff's Jacaranda trees. Thereafter, since the complaint filed in 2014 the HOA has engaged in selective enforcement of the CC&Rs regarding Plaintiff's trees due to his sexual orientation even though Plaintiff is in compliance with the CC&Rs. Further, the complaint alleges that HOA failed to insure that all...

Excerpt: ...oard Corp. (1990) 224 Cal.App.3d 781, 789. Emphasis in original. Although styled as a complaint for declaratory relief, the actual relief sought may not be obtained by way of declarations from the court. Plaintiff's requests for relief are “1. For a declaration that Smith, McCormick, Lakin, Dejardin and Delphi and DOES are the successorsin‐interest to [Peters & Freedman, LLP] PFL and are legally responsible for the obligations of Peters and P...

Excerpt: ...mended Cross‐Complaint in pertinent part as follows:  Cross‐Defendant on or about March 27, 2017, through its principal agent Joseph Dolan, provided Cross‐Complainants with an estimate for home improvement construction services in the amount of $158,480.  On or about July 1, 2017 Cross‐ Defendant, through its principal agent Joseph Dolan, Page 2 of 10 provided Cross‐Complainants with a written contract for home improvement constru...

Excerpt: ...ENDANTS failed to adequately inform DOBREMSYL's physician of the nature and extent of his medical issues, and failed to adequately and completely carry out doctor's orders for their treatment and failed to adequately and appropriately document DOBREMSYL's plan of care. DEFENDANTS' neglect of DOBREMSYL was reckless, oppressive, and malicious. Specifically, the individuals who cared for DOBREMSYL knew that taking the necessary preca...

Excerpt: ...FACC: 1) 4 th Cause of Action for Fraud; 2) 5 th Cause of Action for Financial Elder Abuse; 3) Paragraph 34; Page 2 of 3 4) Paragraph 36; 5) Paragraph 37; 6) Paragraph 38; 7) Paragraph 39; 8) Paragraph 40; 9) Paragraph 42; 10) Paragraph 43; 11) Paragraph 44; 12) Paragraph 45; 13) Paragraph 46; 14) Prayer for Relief 4th COA for punitive damages; 15) Prayer for Relief 5th COA for punitive damages; 16) Prayer for Relief 5th COA for treble damages, a...

Excerpt: ...n pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related to the Agreement. Defendants assert that the parties have a valid, written applicable arbitration agreement and Mendoza has no valid defense to its enforcement. Further, that the Agreement applies to Mendoza's causes of action in this case, ...

Excerpt: ...pliant with the code. Plaintiffs' Second Amended Class Action Complaint alleges 10 Labor Code violations for unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, unpaid minimum wages, final wages not timely paid, wages not timely paid during employment, non‐compliant wage statements, failure to keep requisite payroll records, unreimbursed business expenses, and PAGA claims as well as UCL violations. On June 18, 2018 (more ...

Excerpt: ...rs of litigation. After the matter was called out for trial and before jury selection Ford agreed to settle for $420,000. Plaintiffs assert that this result was due to their counsel's skill and effort and specialization in consumer protection litigation and specifically litigating regarding the 6.0L diesel engine. Knight Law Group and The Altman Law Group are co‐counsels in this litigation who then retained trial counsel. Trial counsel was asso...

Excerpt: ...ndant and Cross‐Complainant SHJR, LLC moves the court to tax costs in Plaintiff's Memorandum of Costs related to deposition costs; witness fees; models, enlargements and photocopies of exhibits; filing fees and other costs on the grounds that the amounts are unreasonable and were not reasonably necessary and item 16 for “other” is not a recoverable cost. SHJR asserts that item 4 of the Memorandum of Costs designated as deposition costs in t...

Excerpt: ...ng Plaintiff Karla Mendoza (“Mendoza”) to arbitrate her claims against it and to stay the proceedings pending completion of arbitration pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related to the Agreement. First, it should be noted that the motion was submitted by counsel for Valley Pride, ...

Excerpt: ...which claim she alleges Defendant engaged in conduct warranting punitive damages. As to that claim the FAC alleges in pertinent part as follows:  Plaintiff was hired by Defendant around 1999.  On January 9, 2019, Plaintiff was fired due to her age, when she was over 40 years of Page 2 of 7 age.  During her employment, Plaintiff was provided with pretextual discipline and made comments about Plaintiff being old and other ageist comments. ...

Excerpt: ...udy Herrera, Raymond Herrera, Vincent Barbato, Antun Barbato and Robert Bishop (“Defendants”) demur to the 1st – 6 th causes of action in Plaintiff James Lawton's (“Lawton”) First Amended Complaint (“FAC”) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action and/or is uncertain. Lawton's FAC alleges 6 causes of action for: 1) breach of fiduciary duty (duty of loyalty), 2) fraud, 3)...

Excerpt: ... or for damage to personal property or crops must be presented to the governmental entity within 6 months of accrual of the cause of action. All other claims must be presented within 1 year.” The State waived the defense that the claim was untimely. Plaintiffs filed their original complaint May 4, 2017 in the Central District of the Los Angeles Superior Court. (Declaration of Emily Sweet, ¶ 2, RJN Exh. C; Caltrans Request for Judicial Notice.)...

Excerpt: ...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 or that there is a complete defense to that cause of action. C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal...

Excerpt: ...n ex parte seeking an order for leave to file and Anti‐SLAPP motion. On 06/14/2019, the court denied the ex parte finding no exigent circumstances and noted that the defendant could seek the same relief by noticed motion. On/06/21/ 2019, Defendant filed this motion. The motion is based upon the grounds that good cause exists to allow the filing of the motion because, consistent with the purpose of the anti‐SAPP statute, the motion would poten...

Excerpt: ...ime‐share contracts alleged herein above, falsely and fraudulently represented to plaintiffs collectively the following: a. That the time‐share interest purchased by the plaintiff would appreciate and increase resale price and value over time. b. That the timeshare interest purchased by the plaintiff could be freely exchanged, transferred and sold. c. That the time‐share interest purchased by the plaintiff was a financial investment. d. Tha...

Excerpt: ...renced GM list related to 2011 Chevy Silverados. Plaintiffs move the court to compel further responses to RFP Nos. 25‐26 and 30‐33 on the grounds that Defendant failed to provide Code‐compliant responses and merely asserted meritless objections and provided no substantive responses. This is a Song‐Beverly action. The responses to RFPs at issue are as follows: Page 2 of 6 No. 25: Seeks all documents which evidence, refer, or relate to tech...

Excerpt: ... expenses for trial. In addition, there is no documentation for Adrian Moody's travel expenses for deposition for the $1,971.08 claimed. In addition, the court strikes the claim for $2,000 in costs for Mr. Wallace's and Dean Weitzman's travel expenses for trial, which are not allowed by code and are based on estimates and not supported by any admissible evidence. Barry Cohen's travel expenses are denied as attorney travel costs are awardable only...

Excerpt: ... a matter of right. Defendant demurred to the FAC and the court sustained with leave to amend as to the 1st, 3rd and 5th causes of action. Plaintiffs filed a SAC and the court sustained without leave to amend as to the 1st cause of action for battery and sustained with leave to amend as to the 3rd (IIED) and 5th (fraudulent concealment) causes of action. Defendant Marriott Resorts Hospitality Corporation now demurs to the 2nd (IIED) and 4th (frau...

Excerpt: ... fully answer: 1‐10, 21‐80, 85, 87‐90, 93‐ 108, and 133‐135 from set one and 40‐44 from set two. Accordingly, the court compels further responses to these questions. Dept. of Labor has agreed to withdraw questions 116‐120 and 131 from set one and therefore are moot. Sanchez continues to object to questions 11‐20, 81‐84, 86, 91‐92, 109‐115, 121‐130 and 132 from set one and questions 1‐39 and 45‐61 from set two, on the g...

Excerpt: ...tly transferred $600,000 to his son, Cross Defendant Mitchell Altman, to satisfy a non‐ existent debt in order to avoid paying Cross Complainant Shin, who is a 25% interest holder in Desert Springs, both the money owed her as judgment creditor and as an interest holder in Desert Springs, pursuant to a judgment in the underlying action, INC 10003583. In the underlying action, Shin obtained a judgment against Murray for damages based upon his bre...