Excerpt: ...leges negligent misrepresentations against the demurring parties and Defendant Miller. The pertinent allegations are that seller Defendant Miller failed to disclose on the property questionnaire a pre‐ existing mold contamination located throughout the property's interior. During a tour of the property, Plaintiffs asked Defendant Flaherty if she recognized any unusual smells and she snapped and advised them to get over the smell because it was ...

Excerpt: ...iscovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The original action in this matter was by E‐Commerce Lighting, Inc. (ECL) against E‐Commerce Trade, LLC (ECT). The issues between these parties were resolved with binding arbitration. On the same day that this court corrected the arbitration award, this court also granted Banc of California's (Bank) motion for leave to inte...

Excerpt: ...May 15, 2019, pursuant to CCP §473(b), on the grounds that they were entered due to the mistake, inadvertence, surprise or excusable neglect of counsel. On 9/13/16, Defendant Erblich filed his Answer to the Complaint. Thereafter, the parties stipulated to the filing of a FAC, which was filed 12/5/16. Defendants Werner, Werner and KMR Tours filed a demurrer to the FAC. The court ruled on the demurrer, resulting in the filing of a SAC on 2/7/17. O...

Excerpt: ...CCP §2033.300(a), to be relieved from admissions deemed admitted. On August 8, 2019 the court granted Defendant's unopposed motion to deem admissions admitted as to three separate RFAs. On October 16, 2019, Plaintiff served her complete and verified responses and admissions/denials to the RFAs. Plaintiff now seeks to be relieved of the effect of the deemed admissions on the basis of inadvertence, mistake or excusable neglect. Plaintiff asserts t...

Excerpt: ...ten instrument), and 10th (aiding and abetting fraud and breach of fiduciary duty) causes of action in Plaintiffs' Fourth Amended Complaint. As to moving defendant Urwell Diversified Holdings, Inc. the FAC alleges in pertinent part as follows:  This action involves three parcels of property that are used as a licensed drug and alcohol residential treatment program.  These properties were owned by Plaintiffs Seeley and McLaughlin as Trustees...

Excerpt: ...anti‐SLAPP motion must be filed within 60 days after service of the complaint. Subject to the trial court's discretion under CCP §425.16(f) to permit late filing, a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action. Ms. Lorton's motion was filed well after the expiration of the 60 day limitation. Defendant cannot use the fact that plaintiff filed an amended co...

Excerpt: ...rage. 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 because Plaintiff had not pleaded elder abuse with the required specificity. As explained below Plaintiff has again failed to plead elder abuse with the required specificity. The only relevant allegations as to AG Rancho...

Excerpt: ...t to state a cause of action. Plaintiff's FAC alleges 5 causes of action for: 1) negligence, 2) negligence per se, 3) vicarious governmental liability (Gov. Code §§815.2 and 820), 4) vicarious governmental liabilitycontractor (Gov. Code §815.4), and 5) dangerous condition of public property (Gov. Code §835.2). These causes of action arise out of injuries she sustained while on a Sunline Transit bus that collided with a bus stop. 1 st Cause of...

Excerpt: ...ting and/or gorging is a well‐known and frequent problem among individuals with developmental disabilities and that previously Hunter had almost died from choking on a sandwich but failed to comply with Hunter's Individual Placement Plan (ISP) dated September 24, 2018, which states that she requires, and was entitled to, "supervision when eating to ensure that she does not stuff too much food in her mouth, "because" HUNTER has the potential to ...

Excerpt: ...laintiffs are his son, Frederic Ahern, who is suing as his father's successor in interest for elder abuse and individually for wrongful death and Leann Strate, Vernon's daughter, who is also suing individually for wrongful death. Upon his father's admission to Brookdale, Frederic who had a power of attorney to act on behalf of his father, executed a residency agreement on his behalf. (Tamo Decl., Exh. A.) The residency agreement included an agree...

Excerpt: ...essary minority partners have consented to the terms of the settlement agreement and on October 2, 2019, the settlement agreement was amended to address the sale of two additional properties. On September 30, 2019, the court denied Plaintiff King's Motion to Enforce Settlement Agreement. The motion sought to enforce a settlement agreement, post‐mediation, that was signed by the parties (Plaintiff King and Defendant Franklin) but also by non‐p...

Excerpt: ...adings in a related dv action, and because they are uncertain as they fail to identify any factual basis by which moving defendant would be liable to Plaintiff. The TAC alleges twelve causes of action as follows: 1) fraud and deceit, 2) invasion of privacy, 3) quiet title, 4) assault, 5) sexual battery, 6) conversion, 7) intentional interference with prospective economic advantage, 8) negligent interference with prospective economic Page 2 of 6 a...

Excerpt: ... they are unwilling to wait longer than November 5 th. At this time, the contractual period for completion of the sale has been exceeded and the Duckworths can legally back out of the purchase agreement. On 10/31/19, Plaintiff Rosie Hernandez filed MPAs asserting that the order for the sale of the property is not stayed pending appeal. Plaintiff asserts that there are exceptions to the general stay rule, one of which is CCP Section 917.4 that pro...

Excerpt: ...with the insurance requirements contained in the Lease. Defendants assert that Plaintiff's claims of new facts is false as Plaintiff has known of the hazardous waste allegations as far back as November 21, 2017. Defendants also assert that they will be severely prejudiced by the amendment, which seeks unspecified hazardous waste damages which are not covered by standard commercial general liability policies. C.C.P. §473(a)(1) provides in pertine...

Excerpt: ...tiff's allegations seeking to challenge the initial inter‐fund loan are time barred as Plaintiff is seeking to invalidate a 2007 loan CVWD approved between two internal accounting funds and the May 2019 action was only to restate the loan repayment terms. Plaintiff asserts that this action is a single cause of action for reverse validation challenging the May 14, 2019 inter‐fund loan. Plaintiff asserts that his action is timely as it was file...

Excerpt: ...aintiff to ageist comments, such as calling her "old" and "old cultured" or that Plaintiff could not connect with the new generation or millennials. b. Put Plaintiff on a pretextual performance improvement plan (when her performance was excellent and even received numerous raises and bonuses prior to her termination) and then terminated her for reasons that were untrue (namely falsely alleging that Plaintiff's staff felt bullied and mistreated), ...

Excerpt: ...era, as to Defendant Ecowize as to the 8th cause of action, and as to all Defendants as to the 4th – 6 th causes of action. Defendants FDG Investments 2, LLC, Ecowize, Inc, Rudy Herrera, Raymond Herrera, Vincent Barbato, Antun Barbato and Robert Bishop demur to the 2nd – 8 th causes of action in Plaintiff James Lawton's Second Amended Complaint (“SAC”) on the grounds they fail to state facts sufficient to constitute causes of action and/a...

Excerpt: ...Plaintiff is a website‐hosting company that primarily hosts websites for customers using the Miva Merchant Software, a shopping software that allows customers to process orders for goods and services online.  The software is owned by Defendant Miva Corporation.  In 2005 the parties entered into a Hosting Partner Distribution Agreement, which is attached as Ex. 1.  The parties entered into an Addendum to Agreement, in 2009, which is att...

Excerpt: ...s are necessary to support its reply to Defendant's opposition to the class certification motion. Defendant seeks an order quashing these notices on the grounds that allowing the depositions to go forward would be unduly prejudicial. To begin, this court has an obligation to protect the interests of the putative class members. It appears that the 5‐year deadline to bring the case to trial is approaching in at least one of these coordinated acti...

Excerpt: ...ndants' private attorney, who had represented Defendants in their past Assessment dispute with the Association.” 2. Paragraph 30 in its entirety, which reads: “Plaintiffs are informed and believe that from October 2018 to the present time, Defendants Roberts and Gilbert have unlawfully used Defendants' personal attorney, Brian S. Harnik of Roemer & Harnik LLP as the Association's legal counsel. Defendants Roberts and Gilbert thereby breached ...

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: ...and fair dealing, (7) fraudulent misrepresentation, (8) negligent misrepresentation, (9) declaratory relief, (10) quiet title, (11) slander of title, (12) cancellation of instruments, (13) elder abuse, and (14) violations of B&P C § 17200 arises out Defendant's alleged failure to consider Plaintiff Robert Hamilton for home loan modification because although Plaintiff had been awarded the home as separate property, Plaintiff's now ex‐wife, non�...

Excerpt: ...faith or wilful misconduct of a party may constitute a waiver and thus justify a refusal to compel arbitration.” (Id. at 992 [internal punctuation omitted].) Defendant filed this motion 10 months after filing his answer, in which he did not raise the issue of arbitration, after filing and losing a summary judgment motion, after Plaintiffs had completed discovery and immediately before the trial setting conference, at which trial was set for Jan...

Excerpt: ...artygoers, many under 21 years of age, were charged $3 at the door for alcohol. The party was held at the residence of Defendant homeowner Adan Arriaga who was aware of the party and consented to it. Defendants Becerra‐Gomez, Ramirez, Flores and Hernandez consumed alcoholic drinks that were served at the party that night. They left the party around 11:00 pm. In a truck driven by Defendant Becerra‐Gomez. Plaintiff O'Connor was approached Page ...

Excerpt: ...spect to the alleged dangerous condition at the property as it did not own, lease or control the property where the incident occurred and had no duty to maintain the gutters in front of Plaintiff's home and/or to clean the algae and other debris and water from the gutters. Plaintiffs assert that Gothic had a duty to use reasonable care in the performance of their contractual duties under the Landscape Maintenance Agreement with Citrus HOA as well...