Excerpt: ...dants assert that the motion is frivolous and unnecessary as Plaintiff failed to meet and confer in good faith before filing the motion, Defendants have already agreed to produce the PMK (Naava Brand) and Defendants have agreed for months to produce Ms. Bulatova for her deposition and even provided Plaintiff's counsel with a date certain for the deposition. In addition, Defendants assert that they timely served valid objections to the notices of ...

Excerpt: ...e. Burlington claims that anytime an attorney drafts a letter, the communications between Burlington and that lawyer are privileged. Further, if Burlington intends to rely on the letters as a defense to this bad faith action then the advice of counsel defense waives the attorney‐client privilege as to that advice. The court granted Burlington's Motion for Judgment on the Pleadings, which Planet Bingo appealed. The Court of Appeal held that Burl...

Excerpt: ...is based on that opposition. Plaintiff Joy Leitan moves the court to consolidate this action with PSC1806704 for all purposes pursuant to CCP § 1048(a) and CRC Rule 3.350 on the grounds that the actions involve common questions of law or fact and are pending before this court between the same parties and arise out of the same transaction or incident. FACTS: This case (PSC1806704) was filed 10/28/18 by Plaintiff Joy Leitan against Defendant Teres...

Excerpt: ...f fact. Defendant's unopposed request for judicial notice is GRANTED. Plaintiff's evidentiary objections are OVERRULED as to numbers1, 2, 3, 4, 7, 10 and SUSTAINED as to numbers 5, 6, 8, 9. The following is undisputed. Plaintiff filed four consecutive chapter 13 reorganization bankruptcy cases in the U.S. Bankruptcy Court for the Central District of California: on May 17, 2016 (“1st petition”), on October 27, 2016 (“2nd petition”), on Nov...

Excerpt: ...easonable possibility the defect can be cured to state a cause of action. The three‐ amendment limit shall not include an amendment made without leave of the court pursuant to Section 472, provided the amendment is made before a demurrer to the original complaint or cross‐complaint is filed.” CCP § 430.41(e)(1). The first amended complaint in this matter was not filed in response to a demurrer having been sustained as to the original compl...

Excerpt: ...ty where she has governmental immunity for her discretionary acts. Further, Plaintiff has not established she was a bystander for recovery for NIED and there is no causal link between Scott's alleged actions and Plaintiff's claimed injuries and any claims Price seems to be making on Ronnie Smevik's behalf must fail because she lacks standing to do so. This court previously sustained with leave to amend as to Price's claims for IIED, Negligence an...

Excerpt: ...vertime and penalties, sexual discrimination and harassment, Page 3 of 3 breach of contract, UCL claims arising out of Pearson's alleged employment by Classic Designs by CJ/Gorenz to perform home improvement work at Gorenz' home located in South Lake Tahoe. Plaintiff alleges that he entered into an oral agreement to do the work and performed 1184 hours of work before Plaintiff breached the agreement and terminated Plaintiff on or about December 2...

Excerpt: ...nts executed an arbitration agreement with Defendants when they purchased the subject business in 2016. Plaintiff does not dispute that the arbitration agreement, if enforceable, applies to the claims asserted in his complaint. However, Plaintiff claims that the arbitration agreement is not enforceable because it is unconscionable. As explained below, Plaintiff has not shown that the agreement is unconscionable. The moving party must prove by a p...

Excerpt: ...ber 31, 2007 and continuing for 15 years thereafter, with the entire principal payable in full on or before January 1, 2021. The FAC sets forth 9 causes of action. The 1st cause of action is for recovery of the total amount of $60,000; the 2nd through 8th causes of action are for the individual $4,000 payments due in 2012 through 2018 and the 9th cause of action is for attorneys' fees. The demurrer is based upon the grounds that each cause of act...

Excerpt: ...recover reasonable attorney's fees pursuant to the parties' settlement agreement, but disputes that Plaintiff's attorney's fees and costs related to continued discovery and motion practice after settlement was not reasonable. These fees and costs had no impact on the ultimate result Plaintiff obtained. In addition, a portion of Plaintiff's fee request relates to counsel's communication with his client and opposing counsel regarding following up o...

Excerpt: ...of action against them. This FAC for (1) breach of contract, (2) fraud, and (3) negligence arises out of property loss at the retail business operated by International Apparel & Accessories Inc. (I.A.A.). Plaintiff, Nancy Paige Linn is I.A.A.'s general manager and president. Liberty Mutual Insurance Company (“LMIC”) is the umbrella insurance company that owns and operates American Economy and adjudicates the claims of American Economy. Defend...

Excerpt: ...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.) Caltran...

Excerpt: ... constitute a cause of action against it. Plaintiff filed a suit against County alleging that the malfunctioning automatic sliding door at the Larson Justice Center, which caused her injury, constituted a dangerous condition of public property. As Plaintiff did not timely file her suit within 6 months of rejection of her claim, Plaintiff ultimately dismissed the action against County. Thereafter, Plaintiff filed suit against multiple other defend...

Excerpt: ...e motion is based upon the grounds that complaint arises out of Defendants' exercise of their free speech rights and Plaintiff's cannot demonstrate a probability of prevailing. The complaint does not arise out of Defendants' exercise of their free speech rights. To prevail on an anti SLAPP motion defendant must first make a prima facie showing that the suit arises Page 9 of 10 from defendant's exercise of free speech or petition rights as def...

Excerpt: ...n for elder abuse in Plaintiffs' Complaint. The key allegations in the FAC allege that Glen Wall was an elder as defined under W & I Code §15610.27 while a resident and patient of Defendant Watermark Carlotta, LLC a Page 6 of 10 California 24‐hour skilled nursing facility. Defendant Watermark Retirement Communities, Inc. owns Carlotta and is a mere alter ego of Carlotta. Wall was admitted to Carlotta around August 9, 2018. Carlotta knew Wall n...

Excerpt: ...hat class certification orders may be amended or modified at any time and should be amended here to change the period covered based on a change to controlling law after the court's ruling regarding the tolling of class claims. In ruling on Plaintiff's motion for class certification, this court found that equitable tolling applied based on Falk v. Children's Hospital Los Angeles (2015) 237 Cal.App.4th 1454, 1465. In Fierro v. Landry's Rest. Inc. (...

Excerpt: ... for Summary Adjudication as to the 4th and 5th causes of action. In its ruling the court stated the following: Amato's declaration… includes estimates from Redfin and what Amato claims are comparable sales, in his neighborhood. Neither, however, is sufficient to create a triable issue of fact. The Redfin estimate is inadmissible for the same as reasons as the Zestimate discussed below. And there is an insufficient basis to accept Amato's c...

Excerpt: ...ows: § 708.180. Adverse claim of, or denial of debt by third party (a) Subject to subdivision (b), if a third person examined pursuant to Section 708.120 claims an interest in the property adverse to the judgment debtor or denies the debt, the court may, if the judgment creditor so requests, determine the interests in the property or the existence of the debt. The determination is conclusive as to the parties to the proceeding and the third pers...

Excerpt: ...t the property was a public nuisance, riddled with hazardous and substandard conditions in violation of state and local law. It moved to modify the receivership by instructing the receiver to remedy these conditions. Stabilis did not argue that the City was not entitled to the requested modification; however, it did argue that the motion was premature, that the receiver already had the necessary powers, and that it should be allowed to proceed wi...

Excerpt: ...ave to amend. The motion as to the 5 th and 8th cause of action is granted without leave to amend. This Complaint for (1) breach of implied warranty of habitability, (2) negligence, (3) nuisance, (4) iied, (5) nied, (6) breach of contract and (7) breach of covenant of quiet enjoyment and (8) public nuisance arises out of bed bug bites suffered by Plaintiff when she was a guest at Defendants' Embassy Suites hotel in Palm Desert. Plaintiff alleges ...

Excerpt: ...er” related to the June 10, 2010 agreement.  Exhibit 2: Harjit Saini's personal guarantee of the June 10, 2010 agreement.  Exhibit 3: Credit Account Agreement dated June 10, 2010 signed by Harjit Saini as an Officer of Saini Brothers, Inc.  Exhibit 4: Trial transcripts of the testimony of Harjit Saini, Bates stamped 0009‐11, Page 5 of 9 where he stated he was part owner and the operator of the Cathedral City Arco between 2010 and 201...

Excerpt: ...o decertify, the parties can agree to the proper notice language. 2. RIC1507132 SANCHEZ VS CONTAIN A WAY INC RE: MOTION TO/FOR DECERTIFY CLASS TO EXCLUDE THOSE WITH ARBITRATION AGREEMENTS BY CONTAIN A WAY INC, STRATEGIC MATERIALINC Tentative Ruling: Motion granted. Defendants assert that in July 2013, Contain‐A‐Way, Inc. provided a revised employee handbook to its employees that included an arbitration provision with a class action waiver. Th...

Excerpt: ...xpired on 11/30/2014. This is the earliest date at which the alleged breach to sell the property could have occurred. In addition, Defendant's arguments that he was excused from performance because Plaintiff breached the lease are not supported by evidence that show Plaintiff, in fact, breached the lease. See Defendant's exh. 4. Page 4 of 4 Defendant's argument that plaintiff violated the Residential Purchase Agreement by requesting a jury trial ...

Excerpt: ...ff's alleged attempt to prevent a tax sale of undeveloped real property owned by Plaintiff. Plaintiff alleges that he owed $6,000 in back property taxes and had received a foreclosure notice when his real estate agent, non‐party Rocio Velasco advised Plaintiff that she worked for non‐party Jerry Corona, from Century 21and that Corona Page 2 of 4 was an investor and could help him; that on or about February 2014, Plaintiff went to Defendant Co...

Excerpt: ...4) negligence. The allegations in the FAC related to Defendant Blythe Barnard, LLC are in pertinent part as follows:  Plaintiffs resided in units 4 and 26 in a residential apartment complex located at 535 West Barnard Street, Blythe, California.  Defendant Blythe Barnard is the current title holder of the property and Plaintiffs' Landlord.  The property was un‐tenantable pursuant to Civ. Code Section 1941.1 because Defendant failed to ...