Excerpt: ...right to exercise an option to renew a commercial lease between International Apparel and Accessories, Inc. (IAAA) (which entity was subsequently stricken from the complaint on 6/29/17 because Plaintiff Paige Linn, president of IAA opted to pursue the matter in pro per without counsel and could not represent the interest of the corporation as she is not a licensed attorney) and Defendant Heidi Hustedt. In addition, the prior pleadings arose out o...

Excerpt: ...ion is that Plaintiff's supervisor, Defendant Matt Juline, made sexual comments that were offensive and demeaning to Plaintiff, that AMC did nothing to stop Juline when made aware of his conduct and that AMC retaliated against Plaintiff when she complained. More specifically, Plaintiff alleges in some detail the graphic sexual remarks made by Juline in her presence; that when Plaintiff told Juline his comments were inappropriate, he told Plaintif...

Excerpt: ...mandate, denial. (See Mills v. U.S. Bank (2008) 166 C.A.4th 871, 893; Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145.) Plaintiff's substantive opposition shows that Plaintiff is aware of both the items in dispute and the nature of the dispute. Plaintiff's substantive arguments in opposition are not persuasive. For example, despite providing an answer to special interrogatory No. 2, Plaintiff now claims that this int...

Excerpt: ...eir health is “such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc. § 36(a), (c)(2).) (Emphasis added.) Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and find as a matter of fact the risk posed of that party's death or incapacity if trial is delayed. ...

Excerpt: ...hin: 75 miles from their residence; or, at the option of the deposing party, in the county where the action is pending at a place within 150 miles of the deponent's residence. (Code Civ. Proc. § 2025.250(a).) However, for “good cause shown,” the court can make whatever orders are appropriate to protect any party from “undue burden and expense.” (Code Civ. Proc. § 2025.420(b).) More specifically, the Discovery Act provides: “The co...

Excerpt: ..., 50, 51, 53, 54, 55, 57, 58, 59, 61, 62, 63, 65, 66, 67, 69, 70, 71, 73, 74, 75, 77, 78, 79, 81, 82, 83, 85, 86, 87, 89, 90, 91, 93, 94, and 95. Form Interrogatories: GRANT motion to compel further responses to Form Interrogatory Nos. 9.2, 17.1(d), 50.5, and 50.6. Requests for Production (“RFP”): GRANT motion to compel further responses to RFP Nos. 1‐ 58, 63, 70 and 71. Request for Admissions (“RFA”): GRANT motion to compel further res...

Excerpt: .../Cross Defendant Joanna Lents demurred to the Second Amended Cross‐Complaint (“SACC”) of Blake Dunlap, an individual and as Executor of the Estate of Jerry Dunlap. The demurrer was based on the grounds that each cause of action failed to state facts sufficient to constitute a cause of action; that Dunlap individually and as Executor of the Estate did not have the legal capacity to sue; there is a defect or misjoinder of parties in the fourt...

Excerpt: ...reen Co. demurs to the 1st and 2nd causes of action in Plaintiffs' Complaint for medical negligence and Loss of Consortium. Walgreen demurs to the consortium cause of action (2nd) on the grounds that they fail to state facts sufficient to constitute causes of action and demurs to the medical negligence cause of action (1st) on the grounds it fails to state sufficient facts to state a cause of action and/or is uncertain and/or fails for failure to...

Excerpt: ... Pro, Inc. demur to the 1st – 6 th causes of action in Plaintiff Dade Shields' First Amended Complaint (“FAC”) on the grounds they failed to Page 2 of 4 state sufficient facts to state a cause of action against Defendant Goldenvoice, LLC (1st , 2 nd, 3rd, 4th, 5th, and 6th causes of action) and Defendant Staff Pro, Inc. (4th , 5 th and 6th causes of action). The FAC alleges Staff Pro and Does 1‐40 were the agents or employees of Goldenvoi...

Excerpt: ...uling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255.) The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. (Code Civ. Proc. § 576; Grieves v. Sup. Ct. (Fox) (1984) 157 Cal.App.3...

Excerpt: ...is client's advanced age and lack of mobility there is a strong likelihood that Bud would not survive an additional six months. Plaintiff moves the court for trial preference based on his age and health conditions. Code of Civil Procedure section 36(a) provides that a party who is over 70 years of age may petition the court for preference, “which the court shall grant if the court makes both of the following findings: (1) The party has a substa...

Excerpt: ... time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” A review of the attorney's fees billed reflect that they were reasonable and necessary. Plaintiff asserts that a multiplier should be awarded when the lodestar amount is low. Plaintiff alleges that her lodestar fees of $13,232.50 are low for the amount of work completed and the successful set...

Excerpt: ...eave to file its Answer. Counsel states that it was his mistake that the Answer was not filed within the 5 day period. Upon realizing his mistake, he states that he attempted to file an Answer on 2/26/18, but it was rejected by the court because another default had been taken by Scarcello. Thereafter, counsel states that he attempted to get Scarcello to consent to a stipulation to set aside the second default. Scarcello's counsel stated that stip...

Excerpt: ... stopped tractor‐trailer. Plaintiffs allege the accident was caused because CHP and CalTrans negligently implemented traffic controls to accommodate a SCE utility project and thereby created a dangerous condition of public property pursuant to Government Code section 835. Plaintiffs allege that CHP and CalTrans altered the normal flow of traffic, failed to provide proper signage, improperly controlled the roadway, and failed to warn motorists o...

Excerpt: ...s Kolesar and Casini filed their Answer. Three weeks later on 5/11/18, Defendants filed this motion for leave to file a Cross‐Complaint. GROUNDS FOR MOTION: Defendants Louisa Kolesar and Oscar Casini move the court for leave to file a Cross‐Complaint. DISCUSSION: Code of Civil Procedure section 426.30(a) provides: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and served fails to allege in a cro...

Excerpt: ...eraza, by serving a three‐day notice without any basis for doing so and then locked Peraza out of the premises after Peraza requested payment for remodeling work he had performed. The motion is based upon the ground that the SAC fails to allege facts that would support a punitive damages claim. Peraza has alleged malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (Civ. Code § 3294(a).) “Malice...

Excerpt: ...e. In reviewing a disqualification motion, the court balances competing interests to ensure the parties are not denied substantial justice. (People ex rel. Dept. of Corps. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1144‐1145.) “Depending on the circumstances, ‘a disqualification motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial burden...

Excerpt: ...deposition, as duly scheduled for April 11, 2018, at a conference room less than two miles from the dealership location. FCA US states it will make arrangements for the depositions of the dealership personnel, “so long as those depositions take place at the dealership.” Plaintiffs Doreen Kent and Donald Mead move the court to compel the deposition attendance and production of documents by FCA US LLC's Dealership personnel (PMQ, Technicians an...

Excerpt: ...pport his punitive damages claims. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (Civ. Code § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or safety of others. (Civ. Code § 3294(c)(1).) While the underlying claims may be generally alleged,...

Excerpt: ...f has named as defendants, Shadow Hills and Indio head soccer coaches and athletic directors as well as the athletic trainer for Indio, Pete Lozano. The central allegations are: “PLAINTIFF sustained the traumatic brain injury resulting in a severe concussion when an opposing player struck PLAINTIFF on his head Page 2 of 3 during the Game, and no action was taken by any of the coaches, trainers, or referees present at the Game following the Inju...

Excerpt: ...ecla Lunak (“Lunak”). As a prospective client, Lax's conversations and communications with Lunak were protected by the attorney‐client privilege. The following day, February 15, 2014, Lax contacted Lunak's employer Attorney Renell Burch to obtain Lunak's legal advice and representation with regard to a CPS investigation and a marital separation and dissolution matter in Lax v. Adler, IND1400036. February 17, 2014, and thereafter (through ap...

Excerpt: ...isrepresentation that the square footage would be recalculated and the Lease Agreement would be amended. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation that may constitute actionable fraud. (Lazar v. Superior Court (1996) 12 Cal. 4th 631, 638.) “An action for promissory fraud may lie where a defendant fraudulently induces the pl...

Excerpt: ...h a judgment debtor's exam, judgment creditor served Requests for Production of Documents. Request for Production No. 15 requested “A copy of [Okhrimovskaya's] driver's license and passport, including all pages within.” At the judgment debtor exam, according to the reporter's transcript, Okhrimovskaya did not bring her passport to the examination, but stated she could provide it to her attorney. Okhrimovskaya's counsel then stipulated to prov...

Excerpt: ... Lax's conversations and communications with Lunak were protected by the attorney‐client privilege. The following day, February 15, 2014, Lax contacted Lunak's employer Attorney Renell Burch to obtain Lunak's legal advice and representation with regard to a CPS investigation and a marital separation and dissolution matter in Lax v. Adler, IND1400036. February 17, 2014 and thereafter (through approximately March 1, 2014 per the dates in the FAC)...

Excerpt: ...ng portions of the First Amended Complaint (“FAC): Page 6 of 7 1. ¶ 20 requesting punitive damages in the 1st cause of action, 2. ¶ 39 requesting punitive damages in the 3rd cause of action, 3. ¶ 57 requesting punitive damages in the 5th cause of action, 4. ¶ 69 requesting punitive damages in the 7th cause of action, 5. ¶ 70 requesting attorney's fees in the 7th cause of action, 6. ¶ 76 requesting attorney's fees in the 8th cause of actio...