Excerpt: ...ment, Ltd., BTC Developments, Inc., LJ Acquisitions, LLC, M.A.N. Holdings, LLC, CV Land Company, LLC, Desert Dunes Management, LLC, DDGC Holdings, Ltd., DDGC Operations, Ltd. and Desert Dunes Condos, LP to provide further response to Plaintiffs' RFPs Nos. 25 ‐ 32. Plaintiffs issued identical RFPs to each of the ten defendants. Each of those 10 defendants served the same responses to the following RFPs. Page 2 of 3 RFP No. 25: Seeks all communic...

Excerpt: ...st enrichment based upon allegations that CrossComplainants own the subject property; that Cross‐Defendants have resided in the Property rent‐free since 1999; and that Cross‐Defendants have been wrongfully enriched in an amount to be proven at trial to the detriment of Cross‐ Complainants. (FACC ¶¶ 9 13.) The demurrer is based upon the grounds that the FACC fails to state a cause of action. The FACC fails to allege unjust retention of t...

Excerpt: ...ional distress by throwing the summons and complaint containing her information on the porch where the papers scattered everywhere for the entire community to see. Further, the CC alleges that the process server verbally abused her mother, Theresa Cohen who is elderly and hard of hearing and legally blind, which caused CrossComplainant severe emotional distress. 1 st Cause of Action for IIED: To recover for intentional infliction of emotional dis...

Excerpt: ...ry Feinberg voluntarily consumed alcohol to the point of intoxication knowing when she began drinking that she would be operating a motor vehicle soon after. That Hillary's actions demonstrated a conscious and deliberate disregard of the rights and safety of others entitling Plaintiffs to punitive damages. That Hillary while intoxicated ran a red light and collided into Plaintiffs' vehicle causing them to sustain serious injuries. Hillary asserts...

Excerpt: ... by calculation' from the day such damages are certain or capable of being made certain.” (Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 43.) Damages are deemed certain or capable of being made certain within the provisions of subdivision (a) of section 3287 where there is essentially no dispute between the parties concerning the basis of computation of damages if any are recoverable but where their dispute centers on the issue o...

Excerpt: ...in the alternative summary adjudication, on Cross‐Complainant Yun Hei Shin's Second Amended CrossComplaint on the grounds that all causes of action have no merit and/or are moot and that Shin lacks standing to bring such claims. Murray Altman (“Altman”) is the sole managing member of Desert Springs Financial, LLC. (“DSF”) Defendant Mitchell Altman (“Mitchell”) is Altman's son and Cross‐Defendant. CrossComplainant Yun Hei Shin (“...

Excerpt: ...'s Fund Ins. Co. (2013) 216 Cal.App.4th 902, 926‐927, 933, fn. 15.) The quantum of evidence needed to satisfy that burden may vary, however, depending on whether plaintiff is or is not a California resident and whether defendant seeks a stay of the action or dismissal. (See National Football League v. Fireman's Fund Ins. Co., supra, 216 Cal.App.4th at 939‐940.) There is a “strong presumption” in favor of plaintiff's choice of forum only w...

Excerpt: ...rove through a gate at the end of a dead end street and crashed into a tree. And there is no dispute that neither decedent Mark Haner, nor, Thadine, both of whom were passengers in the back seat, were using seatbelts. In addition to suing Lane, Plaintiffs have sued, the estate of John Renner the owner of the subject vehicle, who was also killed in the crash, the City of Palm Springs, Palm Springs Country Club, LLC where the gate is located, Bashi...

Excerpt: ...a computer hacker accessed Plaintiff's unprotected personal information from D First American Title Company's website and used that information to cause Plaintiff to transfer the purchase funds to the hacker's bank account. 1 st c/a‐Plaintiff has stated a cause of action based upon First American's negligent maintenance of Plaintiff's personal information. Defendant argues that “[t]he instructions to the escrow agent constitute a contract bet...

Excerpt: ...itled to reasonable attorney fees as the prevailing party. Page 2 of 3 Plaintiff Waring Place HOA moves the court for an award of attorney's fees of $29,600 and costs of $1,391 for a total award of $30,991 as the prevailing party. In addition, HOA moves for a judgment of dismissal to be entered in their favor against Defendants pursuant to CCP §581(d). HOA brought this action to enforce the CC&Rs arising out of Defendants unauthorized landscapin...

Excerpt: ...rdingly, the court awards reasonable attorney fees to moving party in the amount of $2,925.00 jointly and severally against Grit and Mr. Braun. In the event that the moving party served such a declaration supporting the requested amount with the motion, but which has not been received by the court, the moving party is to give notice that they request oral argument and appear with the previously served declaration. The further deposition of Mr. Br...

Excerpt: ...ham Resort Development Corporation demur to the 1st – 3 rd causes of action in Deborah Hargreaves' Third Amended Complaint for fraudulent inducement, fraudulent concealment, and financial elder abuse. The TAC alleges in pertinent part as follows:  On March 8, 2017, Plaintiff Deborah Hargreaves purchased from Defendant Wyndham (and its related entities) a WorldMark time share while visiting one of Defendant's timeshare properties in Oceanside...

Excerpt: ... of Palm Springs entered into a grant agreement secured by a promissory note with Miggy's Cantina, LLC. In 2016, City brought this action for breach of the grant agreement and promissory note against Miggy's Cantina, LLC and against Defendant Richard Meaney under an alter ego theory of recovery. Miggy's Cantina, LLC was defaulted on April 2018 because it was unable to defend itself due to the suspension of its corporate status in October 2016. A ...

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: ...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: ...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: ...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: ...ed until Scott and Blessing married. Scott and Blessing never married. Plaintiff executed the Subject Grant Deed at the office of Defendant/Cross‐complainant Beverly Hills Escrow (BHE) and alleges that he verbally advised BHE's escrow officer of the condition in which the Subject Grant Deed would take effect or be in effect delivered. Plaintiff did not give BHE any written instructions as to the Subject Grant Deed. Page 2 of 5 Because there was...

Excerpt: ...mes Martin and Angie Gaytan solicited donations though a GoFundMe page to pay for specific medical bills of Martin that Martin and Gaytan falsely claimed were outstanding and not covered by insurance. The Rainieris allege Page 4 of 5 that after donating $100 they discovered that all of the medical bills had been paid by insurance. Martin and Gaytan then filed this cross‐complaint for (1) implied indemnity, (2) comparative indemnity, (3) declara...

Excerpt: ...pare formal judgment and give notice pursuant to CCP Section 1019.5. Plaintiffs seek summary judgment on their 1st (Quiet Title) and 2nd (Declaratory Relief) causes of action. The motion was timely filed and served and no opposition was filed by Defendants, but was due 10/23/19. In large part, the evidence in support of Plaintiffs' motion is based on admissions deemed admitted (by court order 12/6/18). The admissions deemed admitted by Defendants...

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

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: ...FK Memorial Hospital. The motion is based upon the ground that Sanchez agreed to arbitrate these claims. The arbitration agreement is unconscionable. There is no dispute that Sanchez 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 an...

Excerpt: ...rsh v. Heily & Blase (1992) 3 Cal.4th 1, 12‐13. Among other grounds the court may modify or “correct” an award where the arbitrators “exceeded their powers but the award can be corrected without affecting the merits of the decision …” CCP § 1286.6. “An arbitrator's errors generally do not contravene the “exceeded powers” clause of the CAA. Under section 1286.2, subdivision (a)(4), an arbitrator exceeds his powers by acting ...

Excerpt: ...ll's Pizza No. 1, Inc. and Bill's Pizza Palm Desert, Inc. Prior to the parties' arbitration, Defendant Steven Hamlin deposed William Tracy. Tracy is the sole shareholder and PMK for Bill's Pizza No. 1, Inc. and Bill's Pizza Palm Desert. In the prior deposition of Tracey, Defendant acknowledges that questions were asked concerning the corporate entities, but Defendant asserts that Tracy only gave vague and incomplete answers to many of the questio...

Excerpt: ...sibility law controls. Defendant Fox Rent‐a‐Car, Inc. demurs to Plaintiff's Complaint for negligence on the grounds it fails to state facts sufficient to constitute a cause of action against it as it is a company engaged in the leasing of motor vehicles and any liability of the driver cannot be imputed to it based solely on its ownership of the vehicle. To withstand a demurrer the complaint must contain “a statement of the facts constitutin...

Excerpt: ...as to the 1 st, 3rd and 5th causes of action. Plaintiffs filed a SAC and Defendants once again demur to the 1st , 3 rd and 5th causes of action. The first cause of action for battery alleges that Defendants failed to eradicate a known bed bug infestation in the hotel, made a deliberate choice not to inspect or ensure that Plaintiffs' room was free of bed bugs immediately before their stay at the hotel, and failed to notify Plaintiffs of the prese...

Excerpt: ...ertence, surprise and/or excusable neglect. 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, inadvertence, surprise, or excusable neglect within six months after judgment, dismissal, order, or proceedings has been taken. The outside time limit for seeking relief under §473(b) is therefore 6 months. This limit is jurisdictional i...

Excerpt: ...that performed inspections of real property. On October 17, 2016, he sent a written contract to Dania Duke and Mary Madigan (“Plaintiffs”) for review and signature regarding a proposed inspection of a single‐family home to be purchased by Plaintiffs located at 1695 Ridgemore Drive, Palm Springs, CA 92264. Plaintiffs signed the contract. The contract called for the inspection to be performed pursuant to CREIA Standards of Practice. On Octobe...

Excerpt: ...hristopher Hoffman move the court to allow them to file a FACC to remove alter ego allegations regarding Cross‐Defendant Daniel Riccio in order to avoid the pending MSJ. The opposition filed states that the Hoffmans seek to allege a new theory of lability as to Riccio for fraudulent concealment. “[T]he elements of a cause of action for fraud based on concealment are: ‘”(1) the defendant must have concealed or suppressed a material fact, (...

Excerpt: ...hat the court should follow Glass which was decided in this appellate division. Plaintiffs assert that Toyota is the better reasoned opinion, which this court should follow. In Glass the issue involved forcing three senior members of plaintiffs' management team, pursuant to CCP Section 2025(e)(3) to be deposed in California. Glass held that CCP Section 1989, providing a witness is not obligated to attend a deposition in California unless they res...

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

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