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: ..., 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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...