Excerpt: ... unconscionable. There is no dispute that Serantes agreed to arbitrate employment related claims as part of JFK's Fair Treatment Process. FTP. The FTP provides for a pre‐arbitration resolution procedure and only after that is completed binding arbitration. “If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may...

Excerpt: ...n Plaintiffs' First Amended Complaint (“FAC”). Plaintiffs' SAC alleges 7 causes of action against Defendant as follows: 1) breach of covenant of good faith and fair dealing, 2) breach of contract, 3) negligence, 4) accounting, 5) Unfair Business Practices, 6) Intentional misrepresentation, and 7) negligent misrepresentation. The 4th cause of action for accounting was not alleged in the FAC. In their opposition, Plaintiffs state that the chang...

Excerpt: ...ys' fees and costs are to be paid within thirty (30) days of the date of the hearing on this motion. Plaintiff is to give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiff Brian Meuse moves the court for an award of attorney's fees of $27,716.25 and costs of $2,665.15 pursuant to Civil Code section 1794(d) of the Song‐Beverly Consumer Warranty Act as the prevailing party pursuant to the acceptance of a 998 Offer to...

Excerpt: ...o be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton r...

Excerpt: ...ive, a Protective Order. During discovery Defendant Contain‐a‐Way, Inc. produced a list of 1,023 alleged class members' names, addresses, and telephone numbers, which Plaintiff's counsel used to initiate communications with putative class members. Defendants served an SDT on Plaintiff's counsel seeking three categories of documents: 1) written communication sent by the law firm to putative class members, 2) documents evidencing failed attempt...

Excerpt: ..., when she slipped and fell on a wet floor in a patient's room while the room was being cleaned by Acela Ortiz, a housekeeper employed by moving Defendant, Healthcare Services Group, Inc. (HSG). HSG provided housekeeping services pursuant to a contract with HSG. Ortiz was cleaning the patient's room because Cisneros had called housekeeping after arriving at the patient's room to find fecal matter on the patient, bed and floor. Cisneros had therea...

Excerpt: ...Misrepresentation, 3) Unfair Business Practices and 4) Breach of Contract. Thereafter, on April 13, 2018 this court heard the Demurrer to the First Amended Complaint (“FAC”) and sustained with leave to amend as to the 1st, 2nd and 3rd causes of action for: 1) Fraud, 2) Negligent Misrepresentation, 3) Unfair Business Practices and overruled the demurrer to the 4th cause of action for Breach of Contract. The Second Amended Complaint (“SAC”)...

Excerpt: ...ty, the Shadow Mountain property, demurrers to the 14th c/a for declaratory relief, 15th c/a to quiet title and 16th c/a for wrongful foreclosure. Plaintiff alleges that Defendant Biyikoglu forged the signature of the purported buyer, Five Star, LLC, on the purchase agreement and then forged the deed transferring title from Five Star to Scion and that as a result all transfers or interest obtained thereafter are void. Plaintiff has alleged facts ...

Excerpt: ...epresented the functionality of the transmission. Defendant has not shown prejudice. The judge has discretion to deny leave to amend when the party seeking the amendment has been dilatory and the delay has prejudiced the opposing party. (See Hirsa v. Sup.Ct. (Vickers) (1981) 118 Cal.App.3d 486, 490.) If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an ...

Excerpt: ... party pursuant to the settlement agreement entered on 2/15/18. Approximately 15 months after the case was filed the parties settled this matter on the day it of trial for $77,500.00. A verified fee bill is prima facie evidence the costs, expenses, and services listed were necessarily incurred. (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Furthermore, a declaration attesting to the accuracy of the fee bill is presumed credible. (Horsford v....

Excerpt: ...d bug bites suffered by Plaintiffs when they stayed in Room 2328 at Marriott's Shadow Ridge Villas form 08/22/2015 through 08/24/2015. Plaintiffs, Nikkya Ramsay and her son, D'Artagnan Wade, Jr., who was 5 years‐old at the time, allege that they experienced bedbug bites during their stay but thought that the marks were mosquito bites or a rash, that on waking on the morning of the 25th, after they had returned home, they found numerous bites co...

Excerpt: ...AC”). Plaintiffs' Second Amended Complaint (“SAC”) alleges 7 causes of action against Defendant as follows: 1) breach of covenant of good faith and fair dealing, 2) breach of contract, 3) negligence, 4) accounting, 5) Unfair Business Practices, 6) Intentional misrepresentation, and 7) negligent misrepresentation. The 4th cause of action for accounting was not alleged in the FAC. In their opposition, Plaintiffs state that the changes between...

Excerpt: ... 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. (Code Civ. Proc. § 437c(c).) Page 2 of 8 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. (...

Excerpt: ...ation of federal fair debt collection practices act and (7) libel and (8) conspiracy arises out of alleged Page 2 of 4 breaches of agreements to settle a dispute between Plaintiff, a homeowner at La Toscana, and the HOA regarding unpaid assessments. Defendants' motion is based upon the grounds that there is no triable issue of fact as to the 2nd and 7th causes of action. There is a triable issue of fact whether Griffith misrepresented his authori...

Excerpt: ...recovery against Defendant Minnis and her then employer, Defendant Access Nurses, of the judgment paid and costs incurred in the underlying action. The contract sued upon was entered into between Access and non‐party Broadlane, Inc. JFK is an express third‐party beneficiary of the contract. The contract provides for the following: Access is a nurse staffing company or “supplier”. Broadlane negotiates group contracts with suppliers for nur...

Excerpt: ...Lexington”) Complaint alleges five causes of action for: 1) Negligence, 2) Negligent Hiring/Supervision, 3) Breach of Contract, 4) Breach of Express Warranty, and 5) Breach of Implied Warranty against Defendants Love's Travel Stops & Country Stores, Inc, Love's Country Stores of California and Melecio Gamoa. The Complaint alleges that Lexington issued an insurance policy to Howl Transportation, LLC. Pursuant to the policy, Lexington covered fir...

Excerpt: ...st Francisco Cano, Israel Flores and Flores & Flores Trucking. A Proof of Service (“PoS”) filed 2/15/18 states that Defendant Francisco Cano was served via substitute service on 1/24/18 by serving a “John Doe” occupant at 8:13 p.m. (Age: 40's Weight: 170 Hair: Black Sex: Male Height: 5'6” Eyes: Brown Race: Hispanic) and thereafter mailed to Cano at the same address of 17147 Orange Way, Fontana, CA 92335‐ 3928. In support of his motion...

Excerpt: ...t “Any judge, at any time, before or after commencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” “This statutory provision giving the courts the power to permit amendments in the furtherance of justice has received very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) “Tha...

Excerpt: ...relief are related to the 2nd cause of action the court grants the motion with 30 days leave to amend. A motion to strike lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. C.C. §3294 provides that exemplary damages are allowable where the defendant is guilty of ma...

Excerpt: ...he deposition for April 4, 2018. At the time the deposition was noticed, Hubbard was residing at his Palm Desert Residence. The deposition was noticed for Palm Springs, which is within 75 miles of Hubbard's Palm Desert residence. Hubbard asserts that at the time the deposition was noticed there was a discovery stay in place due to a pending anti‐SLAPP motion by Defendants Cox, Castle & Nicholson LLP, Paul Titcher and Adam Englander (collectivel...

Excerpt: ...mplaint on the grounds that the undisputed material facts establish that: (1) Herrera was not the alter ego of Shadow Hills Plaza, LLC, (2) Herrera did not breach the contract, (3) Herrera did not breach the implied covenant of good faith and fair dealing, (4) Herrera did not conceal any matters in connection with the sale of the property, (5) Herrera did not make any misrepresentations in connection with the sale of the subject property, and (7)...

Excerpt: ...e pursuant to Code of Civil Procedure Section 1019.5. Defendant Dr. Wittler moves the court for summary judgment on the grounds that he complied with the applicable standard of care in the care and treatment of Plaintiff Erin Nepusz. There are no triable issuex of fact as to the applicable standard of care and whether Dr. Wittler breached the standard of care. “[A] physician is required to possess and exercise, in both diagnosis and treatment, ...

Excerpt: ...mplaint alleges that Norden is a resident under the care of Watermark a residential care facility. In February 2017, Norden was 87 years old and residing at The Fountains in Palm Desert, California. Upon his admission, Norden was assigned to an apartment and was provided an emergency necklace in case he suffered a fall or other sort of emergency while at the facility. On February 16, 2017, Norden fell in his apartment and could not get up. Norden...

Excerpt: ...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 those words to Brigman and Hunter; that Cebreros also ...

Excerpt: ...dramatically windy day and was significantly injured when a tree fell on the golf cart he was riding in and later died four days later after he underwent surgery related to the injuries. The allegations are that defendants were negligent in the maintenance of the golf resort, specifically failing to maintain the trees on the golf course and the failure to properly prune the trees. That defendants were aware that the trees were suffering from a la...