Excerpt: ...e whether the contract is written, or implied; and fails to plead a monetary amount in controversy that meets the jurisdictional requirement of this court. The Plaintiffs allege four causes of action for: 1) breach of contract, 2) conversion, 3) Violation of Penal Code §496, and 4) fraud. The allegations are as follows: Defendant Martin created a GoFundMe page, with Defendant Gaytan's assistance, seeking $50,000 in donations for specific medical...

Excerpt: ...e court previously sustained with leave to amend as to these causes of action. Toyota asserts that these causes of action remain uncertain as to it and fails to plead the fraud and negligent misrepresentation claims with the requisite specificity. Further, that the Son‐Beverly claim fails as the alleged “defect” is that the car had prior accident damage but was a certified car as accident damage is not covered by warranty and not a defect i...

Excerpt: ...the following RFAs: RFA No. 1: Admit that you had been drinking alcohol prior to your fall on the date of the incident. Response: Objection. This interrogatory is vague and ambiguous as the term, “prior.” As such, and without further clarification from Propounding Party, Plaintiff is unable to admit or deny this request at this time. Discovery and investigation are ongoing and Plaintiff reserves the right to supplement and/or amend this respo...

Excerpt: ...d Marriott Vacations Worldwide Corporation move the court for summary adjudication as to Plaintiff's 1st, 3rd, 4th, 5th, 6th, 7th, 8th and punitive damages claims. Further, with respect to Defendant Marriott Vacations Worldwide Corporation all of Plaintiff's claims fail as they did not employ Plaintiff during any of the relevant times associated with the alleged claims. Page 2 of 11 The material facts related to this case are as follows: Plaintif...

Excerpt: ...ors, Roy and Susan Hofheinz, based on discriminatory intent due to Plaintiff's sexual orientation filed a complaint with the HOA regarding Plaintiff's Jacaranda trees. Thereafter, since the complaint filed in 2014 the HOA has engaged in selective enforcement of the CC&Rs regarding Plaintiff's trees due to his sexual orientation even though Plaintiff is in compliance with the CC&Rs. Further, the complaint alleges that HOA failed to insure that all...

Excerpt: ...oard Corp. (1990) 224 Cal.App.3d 781, 789. Emphasis in original. Although styled as a complaint for declaratory relief, the actual relief sought may not be obtained by way of declarations from the court. Plaintiff's requests for relief are “1. For a declaration that Smith, McCormick, Lakin, Dejardin and Delphi and DOES are the successorsin‐interest to [Peters & Freedman, LLP] PFL and are legally responsible for the obligations of Peters and P...

Excerpt: ...mended Cross‐Complaint in pertinent part as follows:  Cross‐Defendant on or about March 27, 2017, through its principal agent Joseph Dolan, provided Cross‐Complainants with an estimate for home improvement construction services in the amount of $158,480.  On or about July 1, 2017 Cross‐ Defendant, through its principal agent Joseph Dolan, Page 2 of 10 provided Cross‐Complainants with a written contract for home improvement constru...

Excerpt: ...ENDANTS failed to adequately inform DOBREMSYL's physician of the nature and extent of his medical issues, and failed to adequately and completely carry out doctor's orders for their treatment and failed to adequately and appropriately document DOBREMSYL's plan of care. DEFENDANTS' neglect of DOBREMSYL was reckless, oppressive, and malicious. Specifically, the individuals who cared for DOBREMSYL knew that taking the necessary preca...

Excerpt: ...FACC: 1) 4 th Cause of Action for Fraud; 2) 5 th Cause of Action for Financial Elder Abuse; 3) Paragraph 34; Page 2 of 3 4) Paragraph 36; 5) Paragraph 37; 6) Paragraph 38; 7) Paragraph 39; 8) Paragraph 40; 9) Paragraph 42; 10) Paragraph 43; 11) Paragraph 44; 12) Paragraph 45; 13) Paragraph 46; 14) Prayer for Relief 4th COA for punitive damages; 15) Prayer for Relief 5th COA for punitive damages; 16) Prayer for Relief 5th COA for treble damages, a...

Excerpt: ...n pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related to the Agreement. Defendants assert that the parties have a valid, written applicable arbitration agreement and Mendoza has no valid defense to its enforcement. Further, that the Agreement applies to Mendoza's causes of action in this case, ...

Excerpt: ...pliant with the code. Plaintiffs' Second Amended Class Action Complaint alleges 10 Labor Code violations for unpaid overtime, unpaid meal period premiums, unpaid rest period premiums, unpaid minimum wages, final wages not timely paid, wages not timely paid during employment, non‐compliant wage statements, failure to keep requisite payroll records, unreimbursed business expenses, and PAGA claims as well as UCL violations. On June 18, 2018 (more ...

Excerpt: ...ndant and Cross‐Complainant SHJR, LLC moves the court to tax costs in Plaintiff's Memorandum of Costs related to deposition costs; witness fees; models, enlargements and photocopies of exhibits; filing fees and other costs on the grounds that the amounts are unreasonable and were not reasonably necessary and item 16 for “other” is not a recoverable cost. SHJR asserts that item 4 of the Memorandum of Costs designated as deposition costs in t...

Excerpt: ...rs of litigation. After the matter was called out for trial and before jury selection Ford agreed to settle for $420,000. Plaintiffs assert that this result was due to their counsel's skill and effort and specialization in consumer protection litigation and specifically litigating regarding the 6.0L diesel engine. Knight Law Group and The Altman Law Group are co‐counsels in this litigation who then retained trial counsel. Trial counsel was asso...

Excerpt: ...ng Plaintiff Karla Mendoza (“Mendoza”) to arbitrate her claims against it and to stay the proceedings pending completion of arbitration pursuant to the FAA and CCP §§1281.2 and 1281.4 on the grounds that Mendoza entered into a valid arbitration agreement (“Agreement”) that requires arbitration of all disputes arising out of or related to the Agreement. First, it should be noted that the motion was submitted by counsel for Valley Pride, ...

Excerpt: ...which claim she alleges Defendant engaged in conduct warranting punitive damages. As to that claim the FAC alleges in pertinent part as follows:  Plaintiff was hired by Defendant around 1999.  On January 9, 2019, Plaintiff was fired due to her age, when she was over 40 years of Page 2 of 7 age.  During her employment, Plaintiff was provided with pretextual discipline and made comments about Plaintiff being old and other ageist comments. ...

Excerpt: ...udy Herrera, Raymond Herrera, Vincent Barbato, Antun Barbato and Robert Bishop (“Defendants”) demur to the 1st – 6 th causes of action in Plaintiff James Lawton's (“Lawton”) First Amended Complaint (“FAC”) on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action and/or is uncertain. Lawton's FAC alleges 6 causes of action for: 1) breach of fiduciary duty (duty of loyalty), 2) fraud, 3)...

Excerpt: ... or for 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.)...

Excerpt: ...party establishes the right to entry of judgment on a particular cause of action as a matter of law. C.C.P. § 437c(c). 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. C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal...

Excerpt: ...n ex parte seeking an order for leave to file and Anti‐SLAPP motion. On 06/14/2019, the court denied the ex parte finding no exigent circumstances and noted that the defendant could seek the same relief by noticed motion. On/06/21/ 2019, Defendant filed this motion. The motion is based upon the grounds that good cause exists to allow the filing of the motion because, consistent with the purpose of the anti‐SAPP statute, the motion would poten...

Excerpt: ...ime‐share contracts alleged herein above, falsely and fraudulently represented to plaintiffs collectively the following: a. That the time‐share interest purchased by the plaintiff would appreciate and increase resale price and value over time. b. That the timeshare interest purchased by the plaintiff could be freely exchanged, transferred and sold. c. That the time‐share interest purchased by the plaintiff was a financial investment. d. Tha...

Excerpt: ...renced GM list related to 2011 Chevy Silverados. Plaintiffs move the court to compel further responses to RFP Nos. 25‐26 and 30‐33 on the grounds that Defendant failed to provide Code‐compliant responses and merely asserted meritless objections and provided no substantive responses. This is a Song‐Beverly action. The responses to RFPs at issue are as follows: Page 2 of 6 No. 25: Seeks all documents which evidence, refer, or relate to tech...

Excerpt: ... expenses for trial. In addition, there is no documentation for Adrian Moody's travel expenses for deposition for the $1,971.08 claimed. In addition, the court strikes the claim for $2,000 in costs for Mr. Wallace's and Dean Weitzman's travel expenses for trial, which are not allowed by code and are based on estimates and not supported by any admissible evidence. Barry Cohen's travel expenses are denied as attorney travel costs are awardable only...

Excerpt: ... a matter of right. Defendant demurred to the FAC and the court sustained with leave to amend as to the 1st, 3rd and 5th causes of action. Plaintiffs filed a SAC and the court sustained without leave to amend as to the 1st cause of action for battery and sustained with leave to amend as to the 3rd (IIED) and 5th (fraudulent concealment) causes of action. Defendant Marriott Resorts Hospitality Corporation now demurs to the 2nd (IIED) and 4th (frau...

Excerpt: ... fully answer: 1‐10, 21‐80, 85, 87‐90, 93‐ 108, and 133‐135 from set one and 40‐44 from set two. Accordingly, the court compels further responses to these questions. Dept. of Labor has agreed to withdraw questions 116‐120 and 131 from set one and therefore are moot. Sanchez continues to object to questions 11‐20, 81‐84, 86, 91‐92, 109‐115, 121‐130 and 132 from set one and questions 1‐39 and 45‐61 from set two, on the g...

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: ...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: ...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: ...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: ...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: ...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: ... 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: ...tly transferred $600,000 to his son, Cross Defendant Mitchell Altman, to satisfy a non‐ existent debt in order to avoid paying Cross Complainant Shin, who is a 25% interest holder in Desert Springs, both the money owed her as judgment creditor and as an interest holder in Desert Springs, pursuant to a judgment in the underlying action, INC 10003583. In the underlying action, Shin obtained a judgment against Murray for damages based upon his bre...

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: ...urance policy. As pled, the FAC fails to Page 2 of 2 allege a cause of action for breach of contract against Assurant. To the contrary, the facts allege that Assurant fully complied with the terms of the insurance policy. CA 3: There are four elements of a cause of action for negligence: (1) the existence of a duty to exercise due care; (2) breach of that duty; (3) causation; and (4) damages. Merrill v. Navegar (2001) 26 Cal.4th 465, 500. Plainti...

Excerpt: ... 10. There is a strong public policy in favor of arbitration and courts will “indulge ever intendment to give effect to such proceedings.” Moncharsh v. Heil & Blase (1992) 3 Cal.4th 1, 9. C.C.P. §1281 requires a trial court to grant a petition to compel arbitration “if [the court] determines that an agreement to arbitrate the controversy exists.” C.C.P. §1281.2. Therefore, the first question is whether or not the parties have agreed to ...

Excerpt: ...substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. To obtain relief the party must demonstrate that the inadvertence, mistake, surprise or neglect of counsel was “excusable because the negligence of the attorney is imputed to his client and may not be offered by the latter as a basis for relief.” Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal. 4th 249, 258. “Conduct fa...

Excerpt: ...(C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles, supra, 52 Cal.4th 531, 549‐550.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably inferred from the facts expressly alleged, and evidentiary fac...

Excerpt: ...at each c/a in the TAXC fails to state a cause of action. Page 2 of 3 This action arises out a foreclosure sale of the subject property by Indio Funding, LLC, an entity formed to fund receivership certificates issued to enable the receiver to rehabilitate the subject property. The primary theory asserted by the cross‐complainants, referred to collectively as the Kauras, complain that Stabilis Fund II, LLC, the holder of the note on the loan the...

Excerpt: ...CrossComplainant Mohamed Alwishah signed a written agreement in or about summer 2011 in which Alwishah claims he did not understand this was an Option Purchase Agreement due to his “marginal” understanding of the English language. CrossComplaint, ¶¶ 3, 7, 19. Alwishah alleges that Cross‐Defendant Juventino Cardona knew that Alwishah was behind on his mortgage payments and offered to help him by having his sister, Cross‐Defendant Sylvia ...

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: ...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: ...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: ...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: ...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 ...

Excerpt: ...de by a third party against plaintiff caused by a fire on September 12, 2008 in London, England. The claim is that Planet Bingo manufactured and/or distributed a product that allegedly caused the fire. Bingo submitted the Claim to its insurer Burlington who handled the claim for approximately 6 years before denying it. Bingo alleges that Burlington unreasonably failed to investigate the claim, unreasonably failed to preserve exculpatory evidence,...

Excerpt: ...th Plaintiff's predecessor, Defendants Baldwin and Blessing represented to the Landlord that Defendant Vonclave, LLC would be the only entity to occupy and conduct business on the premises.  Landlord was unaware that Vonclave, LLC did not exist.  Vonclave, LLC was the lessee under the lease.  Defendants Blessing and Baldwin assert that under the “promoter doctrine” they entered into the lease on behalf of the non‐existent entity Vo...

Excerpt: ...3200 E. Tahquitz Canyon Way in Palm Springs.  Jasper was throwing away garbage into a trashcan off the sidewalk, when she tripped and fell walking from a trashcan back to the exit of the park.  The trashcan is located close to the entrance of the dog park and can be accessed by anyone passing by.  The sidewalk near the trashcan is a continuation of the sidewalk on N. Civic Drive.  The area near the trashcan and/or sidewalk and/or the ...

Excerpt: ...the fees were reasonably necessary and related to the validity or terms of the bail contract. In opposition, Sharon Jordan asserts that Defendant 8 Papa Alpha, LLC is not entitled to recover attorney's fees by statute or contract and that Defendant Cook did not incur his attorney's fees because the causes of action were not “on a contract” and/or because Plaintiff obtained a superior remedy. As to Cook's Cross‐Complaint, Jordan asserts that...

Excerpt: ...LLC and Shell Owners Association‐West arising out of a Shell Vacation Club time‐share they purchased from defendants in San Francisco, California. Defendants move to have venue transferred to San Francisco where the time‐share agreement was entered into, or in the alternative to Kern County. Taking judicial notice of the California Secretary of State's website information reflecting that the Defendants Statement of Information reflects that...

Excerpt: ...fend itself in these proceedings. Therefore, Atain requests to intervene and defend its interests in this action and the interests of Fairway Golf Carts, Inc., its insured, as both would be adversely affected if leave is not given to intervene. Plaintiff opposes the motion and asserts that Atain must have a direct, rather than a consequential, interest in the outcome of the litigation in order to intervene. Plaintiff asserts that Atain is offerin...

Excerpt: ... and has since that time withheld possession from Cross‐Complainants.  Occupancy was initially under an oral offer made to Cross‐Defendant (father of Cross‐Complainant Maria Valencia) by Cross‐Complainants that since he had lost his home to foreclosure and had nowhere to stay, that Cross‐ Defendant and his family could stay at the property until they got back on their feet.  No set time was included with the offer.  Without per...

Excerpt: ...SA. This action also contains causes of action for breach of contract and breach of covenant of good faith and fair dealing related to a 2004 Settlement Agreement; declaratory relief concerning DWA's and Mission Springs' jurisdictional boundaries and groundwater authorities; regarding the 2004 Settlement Agreement; and injunctive relief enjoining DWA from taking certain actions. Mission Springs served Special Interrogatories (Set One) and now mov...

Excerpt: ...purchase the project and instead sell the project to Chelsea Investment Corporation. Plaintiff Bagdad Apartments LLC filed this action against 3 Boulders, LLC, Mark Benedetti, John Lewis and Darin Finan, for breach of contract, fraud, and declaratory relief, quiet title and injunctive relief based in part on allegations that “[i]or about July 2011 Plaintiff and Defendant BOULDERS entered into a verbal agreement that if Plaintiff would agree to ...

Excerpt: ...rs. The FAC fails to plead a viable claim for fraud or negligence. This FAC for (1) breach of contract, (2) fraud and (3) negligence arises out of property loss at retail business operated by International Apparel & Accessories Inc. (I.A.A.). Plaintiff, Nancy Paige Linn is I.A.A.'s general manager. Plaintiff alleges that on March 28, 2014 a fire occurred in the restaurant which shares a common wall with Plaintiff's business in Riverside County, P...

Excerpt: ...ith Homes, LLC with the Plaintiffs carrying back the financing and holding first‐priority deeds of trust based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas by which Cardenas loaned $3,055,000 to Defendant Zenith Homes, LLC and submitted to escrow a double escrow in which Urwell purportedly...

Excerpt: ...s merely adds that the xeriscaping expense exceeded the landscaping reserve account. Plaintiff's First Amended Complaint (“FAC”) alleges 3 causes of action for 1) breach of CC&Rs, 2) preliminary and permanent injunction, and 3) declaratory relief. The FAC alleges in pertinent part as follows: Plaintiff is a member of the Canyon Granada HOA. Plaintiff seeks to enforce the HOA's CC&Rs. Article IV, Section C, Sub‐Section 2 requires th...

Excerpt: ...oving care. The FAC alleges in pertinent part as follows: Plaintiff provides alcohol and drug rehab. Page 4 of 5 Defendant Highmark provides health insurance coverage for substance abuse treatment. The individual defendants are Plaintiff's clients that were provided services after Plaintiff confirmed they were covered by insurance and the treatment preapproved by Highmark. Individual defendants entered into contracts with Plaintiff th...

Excerpt: ...terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the law of this state, a court rule, or an order of the court. In ruling on a motion to strike, the allegations in the pleading are considered in context and presumed to be true. Clauson v. Sup. Ct. (Pedus Services, Inc.) (1998) 67 Cal.App.4th 1253, 1255. The...

Excerpt: ... and cost should be exposed. As explained below, the City's request is not premature, the fees and costs should be imposed against the Kauras, but the amount of fees and costs is limited to those fees and costs incurred in the main action, not the appeal. The City is the prevailing party pursuant to IMC section 10.20 which provides for an award of attorney fees and expenses to the prevailing party in an action to abate a public nuisance. The City...

Excerpt: ...leges that despite Defendants' actual and constructive notice of bed bug infestations they failed to disclose, inspect or warn Plaintiffs of the presence of the infestation before he rented a room. On information and belief Plaintiff alleges that Defendants were aware of bed bug complaints prior to his arrival at the premises and failed to eradicate the infestation, making the premises uninhabitable along with “the overall dilapidated condition...

Excerpt: ...s court is not precluded from moving forward with ruling on this motion. Defendant's motion seeks attorney's fees and costs as the prevailing party on its motion to expunge lis pendens. Plaintiffs oppose the motion and assert that they acted with substantial justification in recording the notices of lis pendens and that it would be unjust to award fees and costs to Cardenas. Further, Cardenas did not provide sufficient detail as to the work done ...

Excerpt: ...l brief to be filed on or before 3/18/19 and a reply to the supplemental brief to be filed on or before 3/20/19. The court continued the default proof up set for 3/11/19 to 3/29/19. Defendant Gentry moves the court to set aside the default entered against him on 8/6/18. C.C.P. §473(b) provides that the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertenc...

Excerpt: ...mplaint. Select argued that the court is not confined to just what's in the pleadings, but can consider other things, including judicial admissions by plaintiff as governed by the judicially noticeable language. In addition, regarding the langue in the deed of trust, Select cites Fontenot v. Wells Fargo (2011) 198 Cal.App.4th 256. When ruling on a demurrer, a court may take judicial notice of something that cannot reasonably be controverted, even...

Excerpt: ...constructed prior to 1969, it automatically received designation as a Class 3 historic site. (AR 0016.) Demolition of Class 3 sites must be reviewed by Respondent City of Palm Springs' (“City”) Historic Site Preservation Board (“HSPB”). (AR 0016.) In conducting that review, the HSPB has the authority to temporarily stay demolition; request a survey of the site to analyze potential historic significance and make recommendations regarding h...

Excerpt: ...esert, Inc. and Bill's Pizza No. 1, Inc. move the court for summary judgment or in the alternative summary adjudication as to Cross‐Complainant Steven Hamlin's Cross‐Complaint. “The purpose of the summary judgment procedure is not to try the issues but merely to discover … whether the parties possess evidence which demands the analysis of trial.” Colvin v. City of Gardena (1992) 11 Cal.App.4th 1270, 1275 (italics added). Summary judgmen...

Excerpt: ... the INCIDENT, produce each and every DOCUMENT including but not limited to reports, opinions, prescriptions, notes, and/or billings, which supports YOUR contention that YOU suffered, or continue to suffer, psychological injuries as a result of the subject INCIDENT. RFP No. 18: If you contend that YOU suffered, or continue to suffer, psychological problems as a result of the INCIDENT, produce each and every DOCUMENT including but not limited to r...

Excerpt: ...ed a serious injury, that the vehicles used are governed to suit the age, weight, and experience of the drivers, that they describe to customers a set of boundaries, well marked containing a myriad of trails, mini dunes and a giant sand hill which may easily be ascended after a little practice in the sandy flat lands, no driver's license was required, that six year old children can operate the vehicles, that defendants pride themselves on safety ...

Excerpt: ...nses to numbers 90 and 91. Page 5 of 10 No. 90: State in detail all facts to SUPPORT the contention in the INVESTMENT MATERIALS that investors would receive a 20% return on investment per year. Response to No. 90: Objection. Vague and ambiguous as phrased. Subject thereto, the terms of the investment materials state the terms of what propounding party refers to as a “contention.” Supplemental Response to No. 90: Objection. Vague and ambiguous...

Excerpt: ...ementary School.  Scott did not want Price's grandson Ronnie Smevik to attend Eagle Mountain Elementary School and therefore falsely designated him as an emotionally disturbed child who needed to be in a Special Education program at Palo Verde Unified School District.  Ronnie was bullied during his attendance at PVUSD.  Although Ronnie's schools found that he did not belong in Special Ed, Scott refused to accept those findings and insist...

Excerpt: ...rs guaranteeing a 20% return on a requested $600,000 investment, claiming that other investors were interested in the property and requesting an investment loan for development.  The loan was to be made to newly formed Bagdad Apartments to shield Lucas, Zeke and their companies from liability when they did not repay the investment loan in full.  Bagdad executed a $600,000 written promissory note with interest at 20% per annum and with late�...

Excerpt: ...eds of trust for the related real estate.  On or about July 2014, Select while acting as agent of Assurant offered Plaintiff to have the premises protected by fire insurance through an insurance policy that Select would purchase from Assurant, with Select to be the co‐beneficiary for the purpose of securing the collateral for the mortgage.  Plaintiff paid the insurance premiums.  The property was destroyed by fire on 12/4/17.  Selec...

Excerpt: ...r around November 2013, Joseph Tortoris, Thomas Tortoris and James Kollins agreed to become partners to open and operate a flooring company Carpet Depot, LLC. The three members agreed that Carpet Depot, LLC would enter a three year lease for the business location and induced Kollins to sign a personal guarantee by promising that Thomas and Joseph would contribute equally in running and financing the business for at least the three year term of th...

Excerpt: ...counting and (5) declaratory relief is that Decierdo misrepresented that the work could be completed by March 2018 and for no more than $80,000. The demurer is based upon the grounds that 1st cause of action for fraud fails to state a cause of action and is uncertain. Plaintiff has alleged fraud with the required specificity. Fraud must be pleaded with specificity, that is, by pleading specific facts that “show how, when, where, to whom, and by...

Excerpt: ... 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 Amatos' comparables as evidence of the value of his home. An opinion on the value of another's property is received only from one familiar with property values in the area, i.e., an expert. But the owner of real or per...

Excerpt: ...ed that he was not willing to have the residence sold and instead insisted that any recovery be limited to the amount Defendant could prove he had contributed to the residence. It was thereafter that Plaintiff took Defendant's default. The motion is based upon the grounds that the default was entered as a result of Defendant's surprise. Defendant has not offered any evidence that the default was entered as a result of surprise. Unless an applicat...

Excerpt: ...dant 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 needed assistance with his activities of daily living, including monitoring, assistance with ambulation and protection against falls as he was a high fall risk and would suffer falls if fall prevention measures were not put in place. During a physical therapy session on September 2,...

Excerpt: ...amlin”) to work as a consultant pursuant to a written contract, dated April 4, 2016 (“Independent Contractor Agreement”) to assist Tracy with operating his pizza restaurants. (Hamlin Decl. ¶2, Ex. A; UMF 67.) Thereafter, Hamlin asserts that about May 2016, he and Tracey began discussing bringing Hamlin on as a full‐time employee as the Operations Manager for all of Tracy's restaurants. (Hamlin Decl. ¶3.) Through June and July 2016, Haml...

Excerpt: ...sed upon the grounds that Plaintiff agreed to arbitrate her claims. The subject arbitration agreement provides in pertinent part: In addition to any other requirements imposed by law, the arbitrator selected qualified neutral arbitrator on whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. The arbitrator shall have the authority to order such discovery, by way of ...

Excerpt: ... of arbitration. The arbitration provision provides as follows: Any controversy as to whether seller is entitled to the liquidated damages and/or buyer is entitled to the return of deposit money, shall be determined by binding arbitration by, and under, the commercial rules of American Arbitration Association (“Commercial Rules”). Plaintiff opposes the motion because there are multiple Defendants in this action who are not subject to the arbi...

Excerpt: ...nts' declaration from HR Supervisor Hock states that he was responsible for onboarding and that it is his practice to explain the employment agreement to all new hires and to encourage them to read it carefully and to take as much time as needed to review it, including taking it home. Ex. A is a copy of Plaintiff's employment agreement that she reviewed and signed on February 1, 2016, which contains at ¶8 an agreement to arbitrate all claims ari...

Excerpt: ...w. C.C.P. § 437c(c). 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. C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037. Once the defendant has made such a showing, the burden shifts to the plaintif...

Excerpt: ...entation; 4. Intentional Misrepresentation; 5. Concealment; 6. Breach of the Implied Covenant of Good Faith and Fair Dealing; 7. Violation of California Business and Professions Code Section 17200 et seq. 8. To Set Aside the Trustee' s Sale; 9. To Void or Cancel the Trustee' s Deed Upon Sale; 10. Violation of Civil Code Section 726—One Action Rule; 11. Wrongful Foreclosure; 12. Unjust Enrichment; and 13. Declaratory Relief is set forth ...

Excerpt: ...1705106, instructing the Kauras and Valley and Mountain to dismiss that action and refile it as a cross‐complaint in this action. On June 20, 2018, the Kauras filed an FAC adding Neil Kaura as a cross complainant. On June 15, 2018, this Court granted summary judgment in favor of Stabilis and against Vinod K. Kaura, Veena R. Kaura, Neil Kaura, and Valley and Mountain, LLC. Page 6 of 7 On June 20, 2018, the Kauras filed a First Amended Cross Comp...

Excerpt: ...pposed and therefore undisputed. No opposition filed or received. Page 11 of 14 Plaintiff Lloyd Chapman moves for summary judgment, or in the alternative summary adjudication, as to his two remaining causes of action set forth in his complaint for 1) financial elder abuse, and 2) conversion based on admissions the court ordered deemed admitted and the court ordered evidentiary sanctions precluding defendant from offering evidence in support of he...

Excerpt: ...asonable and the costs are imposed against the property and the Kauras. The City is the prevailing party pursuant to IMC section 10.20 which provides for an award of attorney fees and expenses to the prevailing party in an action to abate a public nuisance. The City intervened in this action when more than 300 days after the City's issuance of a Legal Notice And Order To Repair Or Abate ("N&O") to the parties, the receiver failed to abate...

Excerpt: ...ond set of RFPs on Defendant Coldwell Banker. Coldwell timely responded, but Amato asserts that they failed to produce any responsive documents and asserted meritless objections to each request. In particular, Amato asserts that Coldwell's trade secrets privilege objections are without merit on both substantive and procedural grounds. The RFP responses at issue are as follows: Page 3 of 14 RFP No. 1: Any and all documents corroborating your respo...

Excerpt: ...d at 2392 Achilles Drive, Los Angeles was community property to which Plaintiff was promised “the exclusive right to manage, rent and/or sell.” The Deal Memorandum was confirmed in a judgment in 2016. The Butler Judgment against Defendant of January 22, 2014, attached to the property because Defendant failed to deed the property to Plaintiff forcing Plaintiff to deed the property to Butler in lieu of foreclosure on May 30, 2017. Plaintiff all...

Excerpt: ... The motion is based upon the grounds that there is no triable issue of fact as to any cause of action. There are triable issues of fact as 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 i...