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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...ration 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 Capital Corporation assigned its judgment to LA Lease Holding, LLC. Filed on 5/21/18 is the acknowledgment of assignment of judgme...

Excerpt: ...ation (2nd, 4th, 6th), and a cause of action for breach of fiduciary duty and another for negligence. Chang alleges all 8 causes of action against Peter Zarenejad and the 7th and 8th causes of action against Hilgenberg Realty Inc. Defendants Peter Zarenejad and Hilgenberg Realty Inc. demur to each cause of action (1st – 8 th causes of action) in Plaintiff Sophia Chang's First Amended Complaint on the grounds that they fail to state facts on whi...

Excerpt: ...seeking treatment by Dr. Torian, his behavior was inappropriate by exposing Donnelly's breasts and staring at them. Each visit Dr. Torian's exposure of Donnelly's breasts became longer. On one visit Dr. Torian asked Donnelly if her pain went to her groin and although she responded no Dr. Torian touched Donnelly in the crease of her upper inner thigh near her vaginal region. When Donnelly pulled back from the improper touching Dr. Torian said he w...

Excerpt: ...presented that she was Dr. Bass's personal assistant. That misrepresentation caused Cross‐Complainant embarrassment and humiliation destroying his reputation in having to explain to his wife Page 8 of 9 and Servpro who his “assistant” Audrey was and the fact that he did not have an assistant and was not having an affair. In addition, when the Servpro documents could not be acquired by the phone ruse, Jurak served an Subpoena Ducts Tecum (�...

Excerpt: ...e a proper cause of action for negligent hiring. The 2nd cause of action in the Cross‐Complainants Pug and Meza's First Amended Complaint (“FAC”) alleges that Field Asset Services owed Cross‐Complainants a duty to ensure that inspections they were ordering were appropriate for the work to be complete don the project such that their funds would not prematurely be dispersed to Plaintiff/Cross‐Defendant F.I.R. Affiliates, Inc. (“F.I.R.�...

Excerpt: ...promissory note in its Cross‐Complaint against Healing Nature, LLC. 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).) 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 th...

Excerpt: ...g to the police report attached to the claim, the Izuzu was towed and it appears that the other named items were located in the vehicle. The citation states that the vehicle is “stored” pursuant to the driver being cited with a violation of Vehicle Code section 22651(p). Vehicle Code Section 22651 is a statutory provision sets for circumstances that permit a peace officer to remove a vehicle. Subsection (p) provides that one of those circumst...

Excerpt: ... court to compel Plaintiff Donnelly to arbitrate her claims and to stay these proceedings. DISCUSSION: Dr. Torian asserts that the dispute in this action is subject to a valid and enforceable arbitration agreement and that Donnelly has refused to arbitrate her claims. However, the claims made by Donnelly for sexual assault do not arise “out of or in any way” relate to her physician‐patient relationship with Dr. Torian. (Victoria v. Superior...

Excerpt: ...ers for relief contained in Plaintiff's First Amended Complaint (“FAC”) in paragraphs 35 (3rd cause of action), 45 (4th cause of action) and 55 (5th cause of action) and prayer for relief related to the 3rd , 4 th and 5th causes of action. 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...

Excerpt: ...ers requiring her to respond. The court's orders directing Plaintiff to answer discovery were entered March 6, 2018. The court directed Plaintiff to serve verified responses without objection within 15 days and granted monetary sanctions. The notice of the court's ruling was mailed on March 8, 2018, for effective service on March 13, 2018. Therefore, Plaintiff was ordered to serve her responses on or before March 28, 2018. As of April 5, 2018, th...

Excerpt: ...ommercial lease agreement with Christopher and David Hoffman, which they breached. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v...

Excerpt: ...ef. It should be noted; however, that the notice of motion includes demurrer to the 1st cause of action for nuisance, but thereafter the demurrer is silent as to the 1st cause of action. Defendant asserts that the 3rd, 4th and 10th causes of action should be sustained without leave to amend as Plaintiffs have failed to cure the previously‐adjudicated defects in their Original Complaint after the court granted them leave to amend. Defendant Will...

Excerpt: ...) as the prevailing parties on their anti‐SLAPP motion. In opposition, Plaintiff asserts that there was no need to file 3 separate motions to strike, rather than just one. Defendants in reply stated they attempted to file a joint motion but it was rejected by the court as an entry of default had been entered against Sun Salt Sand. In addition, Defendants point out that only $985 .00 of the requested total was related to the second motion, which...

Excerpt: ...tor of the Estate was issued by the State of Texas. Code of Civil Procedure section 1913(b) states that the authority of a personal representative “does not extend beyond the jurisdiction of the government under which that person was invested with authority, except to the extent expressly authorized by Article 4 (commencing with Section 2011) of Chapter 8 of Part 3 of Division 4 of the Probate Code or another statute.” The disability of a for...

Excerpt: ...s‐Complaint. Thereafter, the notice states that “F.I.R. Affiliates, Inc., a California Corporation dba. Fire Insurance Repair Experts, Juliette Zuccolotto, an Individual, Greg Zuccolotto, an Individual, Sylvia Aden, an Individual, [sic] seek an order sustaining general and special demurrer [sic] to the [sic] all cause [sic] of action in defendant [sic] Guadalupe Puga; Jimmy Meza's 1st Amended Cross Complaint” and then, after setting forth t...

Excerpt: ...ue burden and expense.” [CCP § 2030.090(b). Plaintiff seeks myriad forms of often inconsistent relief. This motion is brought on the grounds that Defendant's discovery … involves considerable burden requiring additional time to respond; exceeds the permissible scope of discovery by seeking regarding certain personal medical information and documents of the Plaintiff as well as attorney‐client privileged and work product doctrine informatio...

Excerpt: ...on January 25, 2016. King added Defendants Cox, Castle & Nicholson, LLP, Paul Titcher and Adam Englander Page 3 of 7 (collectively “CC&N Defendants”) to his Second Amended Complaint (“SAC”) filed on April 27, 2017. The SAC alleged the causes of action against the CC&N Defendants for RICO violations, Intentional and Negligent Misrepresentation and UCL violations. On June 23, 2017, CC&N Defendants filed their demurrer to the SAC. The court ...

Excerpt: .... Receiver, Eric Beatty, was appointed as a H & S Receiver on December 12, 2011. At the CMC held on September 7, 2017, the court directed Receiver to file and serve a report addressing both the status and feasibility of rehabilitating the mobile home park. On October 27, 2017, Receiver filed a report. A further hearing was held on November 30, 2017, OSC re: Discharge of Receiver at which time the court instructed Receiver to submit a further repo...

Excerpt: ...In exercising its discretion to grant or deny the motion, the court must take into consideration any relevant matter, including the following. The necessity and reasons for the additional discovery sought: • The diligence or lack of diligence by the party seeking discovery, and the reasons why the discovery was not completed or the discovery motion heard earlier; • Whether, permitting the discovery or granting the discovery motion will likely...

Excerpt: ...r sustained without leave to amend as to the 2nd cause of action. Demurrer overruled as to remaining causes of action. The foundational premise of this combined second amended petition for: (1) writ of administrative mandate, (2) writ of mandate, and complaint for (3) breach of contractspecific performance of 2004 settlement agreement, (4) breach of implied covenant of good faith and fair dealing, (5) declaratory relief‐Sustainable Groundwater ...

Excerpt: ... (which entity was subsequently stricken from the complaint on 6/29/17 because Plaintiff Paige Linn opted to pursue the matter in pro per without counsel and could not represent the interest of the corporation as she is not a licensed attorney) and Defendant Heidi Hustedt. In addition, the prior pleadings arose out of a March 28, 2014 fire in the adjacent premises, leased by defendant Armando's Bar and Grill, Inc., as well as an April 23, 2014 pi...

Excerpt: ... adjudication denied as to punitive damages. Plaintiffs Tracy Randall, Jamie Macknicki, Andrea Mills and Denise Pierce filed a complaint on 9/30/16 alleging 6 causes of action against Defendants Cambria Company, LLC and Karen Alciatore for: 1) Retaliation in Violation of Government Code section 12940(h), 2) Hostile Work Environment Harassment in Violation of Government Code section 12940(j), 3) Associational Harassment in Violation of Government ...

Excerpt: ...ummary adjudication. 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 10 of 12 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 t...

Excerpt: ...rounds that her counsel formerly represented him in his individual capacity and as attorney‐in‐fact for his grandfather as Trustee of the Franklin Trust and is now representing Plaintiff in this substantially related case. “Before an attorney may be disqualified from representing a party in litigation because his representation of that party is adverse to the interest of a current or former client, it must first be established that the part...

Excerpt: ... to the 2nd cause of action as to these moving defendants. The 4th cause of action is Page 2 of 12 Defendants Cox, Castle & Nicholson LLP, Paul J. Titcher and Adam Englander moved the court to strike all allegations against them as follows: 2 nd Cause of Action: Aiding and Abetting Breach of Fiduciary Duties. 4 th Cause of Action: Aiding and Abetting Constructive Fraud (Fraud by a Fiduciary) 5 th Cause of Action: Intentional Misrepresentations 6 ...

Excerpt: ...f $10,000.00 to be posted forthwith. Plaintiff to prepare the order and give notice. Defendant Mark Holt, M.D., Inc. signed two different promissory notes in favor of Plaintiffs Surender Vuthoori, M.D. and Surender Vuthoori, M.D., Inc. To secure payment of the Note Defendant executed Security Agreements. The Security Agreements executed to secure both notes covered all assets, including furniture, fixtures and equipment used in the business of De...

Excerpt: ... $2,452.15 for a total request of $36,412.15. 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. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 396.) Civil Code section 1794(d) provides that “[i]f the b...

Excerpt: ...nder the circumstances of the case. “To be valid, a section 998 offer must be made in good faith, which requires that the offer of settlement be ‘realistically reasonable under the circumstances of the particular. . .'” A token or nominal offer made with no reasonable prospect of acceptance will not pass the good faith test. Page 2 of 2 “[W]hen a party obtains a judgment more favorable than its pretrial offer, [the offer] is presumed to h...

Excerpt: ...llege a demand or other facts showing futility. To reiterate, derivative actions are equitable. From an equitable standpoint it must be asked whether there is some reason that, if the allegations are true, Tortoris should be allowed to avoid liability for allegedly stealing $1,600 from Carpet Depot? The answer is maybe because the State has an interest in collecting its Franchise taxes. What the court must balance is the State's interest in colle...

Excerpt: ..., Dean and Simone Walsh, owned the vacation home where Riley and Jack were staying as guests of the Walshes with co‐defendants Kehly and Lance Sloan. (¶¶ 7‐11.) (Although the SAC also names Chad and Jeanie McQueen as codefendants, they have now been dismissed.) As to the Walshes, Plaintiff alleges that: (1) they negligently stored and secured a modified golf cart that they owned, despite knowledge that children would be staying at their hom...

Excerpt: ...leging 4 causes of action for: 1) Fraud, 2) Negligent Misrepresentation, 3) UCL Violation, and 4) Breach of Contract. Defendants demurred to all four causes of action. This court on 1/8/18 sustained with leave to amend as to all four causes of action. On 2/7/18, Roseian filed its First Amended Complaint (“FAC”) alleging the same four causes of action. Defendants once again demur to all causes of action. 1 st Cause of Action for Fraud (Intenti...

Excerpt: ...unities, Inc. Brookdale Senior Living, Inc. and Brookdale Rancho Mirage during which time he was defined as an “elder” under the Welfare and Institutions Code sections 15610.23 and 15610.27. During the time he resided at their facility they failed to ensure there were the necessary number of adequately trained staff on duty at all times and failed to care for him in a non‐reckless manner. That the actions committed by Defendants were ratifi...

Excerpt: ...eviewing a disqualification motion, the court balances competing interests to ensure the parties are not denied substantial justice. (People ex rel. Dept. of Corps. v. Page 7 of 8 SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1144‐1145.) “Depending on the circumstances, ‘a disqualification motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial b...

Excerpt: ... is that the parties entered into a commercial lease for Cross‐Complainant's medical practice for the operation of a sleep center to assist patients with sleeping disorders. That Defendant Dr. Vuthoori breached Dr. Holt's quiet use and enjoyment of Page 2 of 3 the premises by continuously entering without an appointment or notice, constantly knocked on windows and doors, demanded frequent meets, threatened to “take care” of Dr. Holt, chased...

Excerpt: ...ng that Kollins could not assert personal ownership of funds that were alleged to have been taken from Carpet Depot, LLC that the cause of action belonged to Carpet Depot. The court then sustained Joseph's demurrer to the 1st cause of action in the First Amended CrossComplaint (“FACC”) on the same grounds, with leave to amend to add a potential derivative claim on behalf of Carpet Depot, LLC for conversion. Joseph again demurred to the Second...

Excerpt: ...nd 3) fraud. Plaintiffs' thereafter filed a First Amended Complaint (“FAC”) asserting five causes of action against Defendant Benjamin Sullivan (“Sullivan”) alleging five causes of action for: 1) breach of contract, 2) negligence, 3) negligent misrepresentation, 4) negligent supervision, and 5) return of funds violation of Business and Professions Code section 7031. As to Defendant Benjamin Sullivan the FAC asserts that he is the owner of...

Excerpt: ...hedral City Police Department via the School's Resource Officers. Case Number 1604C‐3145 reflects the contents of the police investigation based on those reports. On November 22, 2017, Plaintiffs issued a SDT requesting the documents relating to the police investigation. In response the police department responded that the documents were exempt form disclosure pursuant to Welfare and Institutions Code section 15633. In response, Plaintiffs E.G....

Excerpt: ... Robinson because the facts in Robinson were extreme, unlike the facts here. This argument fails because it was not the extremity of the facts upon which the Robinson court based that part of its opinion that addressed the setting of the hearing date. In fact, the relevant facts here are not as favorable to Defendants as they claim and are more similar to those in Robinson than they are dissimilar. Most notably, if the court were to find good cau...

Excerpt: ...dant Michael Cintas' 2nd, 3rd, 7th, 8th and 14th affirmative defenses. A party may move for summary adjudication of one or more affirmative defenses if the party contends that there is no merit to the affirmative defenses as to any cause of action. (Code Civ Proc. § 437c(f)(1).) “A motion for summary adjudication shall be granted only if it completely disposes of … an affirmative defense.” (Id.) A party moving for summary adjudication bear...

Excerpt: ...taling $68,047.98. Plaintiff's counsel's declaration states that legal services in the amount of $42,912.50 were provided by the firm. In addition, Plaintiff seeks a lodestar enhancement of 1.5 for an additional $21,456.25 in fees, for a total award request of $64,368.75. In the billing summary attached to the declaration it reflects various hour billing rates of $200.00, $225.00, $350.00, $375.00, $400.00 and $500.00 Ford Motor opposes the attor...

Excerpt: ...bers 19, 20 and 21. RFP Number 19: Requests a copy of the Trust of Richard M. Allen. Plaintiff's response was an objection based on invasion of privacy. JFK asserts that as Plaintiff has put her and the decedent's finances in question pertaining to the damages alleged, they are entitled to a copy of the trust to determine how Mr. Allen's assets were distributed at the time of his death. RFP Number 20: Requests a copy of the last will of decedent ...

Excerpt: ...orney's failure to file a claim constitutes excusable neglect under Government Code section 946.6 excusing the claim presentation requirement under sections 905 and 945.4. Defendant Mount San Jacinto Winter Park Authority demurs to Plaintiff Paula Nuno's Amended First Amended Complaint on the grounds that the complaint fails to allege compliance with the government claims presentation requirement of Government Code sections 905 et seq. Government...

Excerpt: ...icious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Defendant moves the court to strike Plaintiff's complaint o...

Excerpt: ...demnity. The moving papers were untimely served on Defendants Mission Linen and Adam Hudson as they were required to be served on or before January 14, 2018, but were served via mail outside of California (adds 10 calendar days pursuant to Code of Civil Procedure section1005(b)) on January 9, 2018. Accordingly, service was deemed complete on January 19, 2018, which is less than 75 calendar days prior to the scheduled hearing date of April 2, 2018...

Excerpt: ...disregarded. Lifschutz cites Code of Civil Procedure section 437c(b)(3) which sets forth that opposition paper requirements. While section 437c(b)(3) does not reference other facts that the opposing party believes are undisputed and material to the court's ruling, CRC, rule 3.1350(f)(3) provides that the content of the separate statement in opposition may include additional material facts pertinent to the disposition of the motion, which Page 2 o...

Excerpt: ...his court granted UPS summary judgment as to the Cross‐Complaints filed by Mission Linen, Adam Hudson and JFK Memorial as those cross complaint only sought indemnity, apportionment, contribution and declaratory Page 2 of 11 relief, none of which had merit in light of the court's ruling that UPS was entitled to summary judgment as to all causes of action in Navarro's Complaint. UPS filed identical memorandum of costs for $13,724.87 against Plain...

Excerpt: ...al argument, this court granted moving party leave to respond to Robledo's late filed declaration. In addition, the court allowed leave to file supplemental briefing on whether or not the contents of the declaration raised a triable issue of fact as to any of the causes of action. In addition, the court was going to further consider arguments of counsel concerning the Intentional Infliction of Emotional Distress (“IIED”) claim. In response, D...

Excerpt: ... section 2966, 4) negligence, 5) accounting, and 6) unfair business practices. Thereafter, on 1/9/18 Plaintiffs filed a First Amended Complaint (“FAC”) alleging 8 causes of action, including the original 6 causes of action plus 7) intentional representation, and 8) negligent misrepresentation. Page 8 of 11 Defendant demurs asserting that the facts set forth in the original verified Complaint are distinctly different than those in the FAC and ...

Excerpt: ...aring for 3/26/18. Opposition was to be filed on or before 3/13/18, and reply Page 2 of 3 on or before 3/19/18). The court's order also provided that all members were to be provided notice at least 20 days before the hearing either via e‐mail or first‐class mail, pursuant to Civil Code section 4040, based on each member's preferred method of communication. Although the court order provide 20 days' notice the code provides 15 days' notice whic...

Excerpt: ...iled this motion timely. This argument fails. The mandatory relief provisions of section 473(b) are in pertinent part as follows: “[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his ...

Excerpt: ...g, LLC agreed “to provide Premier Passover with temporary Event and Banquet staff…” for a 7‐day Passover celebration at the Westin Mission Hills Resort in Rancho Mirage in April, 2014. (SAC, Exh. A; SAC ¶ 24.) Spherion alleges that Spherion is a partnership, that Defendants Barry and Simon Werner are the owners of D KMR Tours, D Baruch Erblich is the owner of Defendant Afikoman Tours, that all are partners in Premier Passover a partnersh...

Excerpt: ...itle to Plaintiff's real and personal property through an alleged fraudulent investment scam. Demurring Defendant, 5AIF Sycamore 1, LLC (“5AIF”) loaned money that was used to purchase one of subject pieces of real Page 3 of 4 property, the Shadow Mountain property, and is named on and demurs to the 10th cause of action for false promise, 14th cause of action for declaratory relief, 15th cause of action to quiet title and 16th cause of action ...

Excerpt: ...r future based on the two‐year discretionary dismissal of a mechanics lien action, pursuant to Civil Code sections 8462 and 8554. Code of Civil Procedure section 1048(b) provides that the court may “in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy” order a separate trial of any issue. Plaintiff Orr Builders designed and completed the improvement to property, which is at...

Excerpt: ...ry adjudication as to the 4th and 5th causes of action. Defendants move the court for summary judgment, or in the alternative for summary adjudication, as to Plaintiff Rosario Robledo as to all causes of action. The undisputed material facts are as follows: Plaintiff Rosario Robledo (“Robledo”) was hired by Defendant DNS2 Management LLC (“DNS2”) on December 1, 2011 when DNS2 purchased La Quinta McDonald's #13695. (Decl. Stacey Shalhoub ¶...

Excerpt: ... 3 day notice to terminate the lease. On 8/13/17, while Peraza was still in possession of the premises Kogut changed the locks to the premises and prevented Peraza from accessing the premises. Kogut failed to provide an itemized statement and return of Peraza's deposit of $500. In addition, Kogut has failed and refused to return Peraza's personal property worth in excess of $8,000 located inside the premises. Defendant Connie Kogut moves the cour...

Excerpt: ...s a home. Feltz claims that the hole was covered and obscured by grass. Feltz has named both Ironwood HOA (HOA) and landscapers A.K. Landscaping Maintenance, Inc. (AK) as defendants. The HOA's motion is based upon the grounds that there is no triable issue of fact as to the 4th cause of action for declaratory relief on its cross complaint that A.K. owes the HOA a duty to defend and indemnify the HOA from Feltz' claim. There is a triable issue of ...

Excerpt: ...ree speech or petition rights as defined in Code of Civil Procedure section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330; see also Weil & Brown, ¶ 7:244.) A lawsuit qualifies for a special motion to strike under section 425.16 if it arises from an act “in furtherance of the person's right of petition or free speech under the United States or California Constitution.” (Code Civ. Proc. § 425.16(b)(1)...

Excerpt: ...with Plaintiff/Cross Defendant, Linda Kelley, his mother, in which he agreed to would rent the house to her “for a period not to exceed 2 years or until Cross‐Complainant sold the Subject Property, whichever came first…” (Cross‐complaint ¶ 5.) Casale also alleges that on March 12,2007 Kelley entered into a secret agreement with Patricia Reinhart, the executor of his grandmother's estate, that resulted in Kelley creating an recording a ...

Excerpt: .... The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Kalab Honey and the Law Offices o...

Excerpt: ...d be awarded anything on their claims. Defendants now move to have the Award confirmed and for the entry of final judgment in this matter. Page 2 of 9 Plaintiff asserts that the award should not be confirmed as it relates to one of the four findings made by the Arbitrator for the following reasons:  Arbitrator failed to fully review Plaintiff's brief and failed to understand some of the relevant issues, and that he failed to address any of the...

Excerpt: ...Cross‐Defendant Stanton Place 2014, LLC is to prepare a proposed order and give notice pursuant to Code of Civil Procedure section 1019.5, forthwith. Plaintiffs Goodell and Self Reliance, Inc. dismissed all causes of action. The CrossComplaint of Frederick Brillman against Goodell and Self Reliance, Inc. was also dismissed. Remaining are the Cross‐Complaint of Stanton Place 2014, LLC, First Amended Cross‐ Complaint of Luis Martin, Jr. and t...

Excerpt: ..., Salima Nurani, Kalab Honey and the Law Offices of Kalab Honey, PC. The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are De...

Excerpt: ...ntended to properly notice the IME for February 2018, well in advance of the discovery cut‐off date. However, in January 2018, Plaintiff served supplemental interrogatory responses that indicated she had moved to Texas. DRMC determined that the costs to either fly their expert to Texas or to retain a Texas‐based physician to do the exam and thereafter travel to California for trial were both cost prohibitive and burdensome on DRMC. As a resul...

Excerpt: ...e complaint or cross complaint for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer. As part of the meet and confer process, the defendant or cross‐defendant shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The plaintiff or cross‐plaintiff shall provide legal support ...

Excerpt: ...Motion for summary adjudication of the 8, 9, 10 and 11th causes of action denied. Defendants move the court for summary judgment, or in the alternative for summary adjudication, as to Plaintiff Patricia Olmedo. Procedural Issues: The court notes that Plaintiff's separate statement in opposition did not comply with CRC, rule 3.1350(f)(2). In response to UMFs Nos. 4, 46, 48, 49 and 51, Plaintiff disputed the facts, but failed to cite any evidence i...

Excerpt: ...ecifically, Plaintiff has failed to allege facts which show that she is entitled to the protections afforded by HBOR in that Plaintiff alleges that she submitted two completed loan modification applications, one in August 2015 and then, for some unexplained reason, another in February 2016, but that Wells Fargo recorded a Notice of Default in November 2015 and Notice of Sale in February 2016. Because Plaintiff has not alleged specific dates for h...

Excerpt: ... Mitchell, a contractor, against Lents and the estate of Dunlap to recover for monies allegedly owed for construction work done on a house in Indian Wells and for damages suffered as a result of claims by Lents that Mitchell had stolen Lents' personal property. Thereafter, Lents filed a cross complaint against Mitchell for, among other things, breach of contract conversion, and elder abuse and against Blake Dunlap as the Page 3 of 5 Executor of t...

Excerpt: ... that Jerry had in the past invested money though a company named Thrive, a nonparty, that Thrive had offered Jerry a subscription agreement to Jerry in an investment in a large Texas apartment complex through one of its subsidiaries LHTL but that LHTL placed the investment in Lents name alone, as instructed by Lents, despite the fact that the check for the investment having been Page 2 of 5 drawn on Jerry's account. Essentially, Blake complains ...

Excerpt: ...cts sufficient to constitute a cause of action and/or is uncertain. The FAC alleges that moving parties owed Plaintiffs a fiduciary duty to perform their duties in a competent and reasonable manner as real estate professionals in assisting Plaintiffs to investigate and purchase the property. The FAC alleges that moving parties represented Plaintiffs in purchasing the property at issue in this case. In particular, the FAC alleges that moving parti...

Excerpt: ...ut of (1) alleged oral statements made by Defendant Eva Greenberg about Plaintiff Sanford Greenberg, her then husband, a Page 7 of 8 physician, to Plaintiff's staff, patients and other members of the medical community that Plaintiff suffers from dementia and is unable to adequately perform his professional duties (¶ 7), (2) publication of various documents on social media that Plaintiff was a member of a gay bondage website and was looking for c...

Excerpt: ... stated that Respondents Nicasio and Maria Campos were the sole owners of the property, but both were deceased. Death certificates were attached to the Petition, marked as Exhibit C. No probate proceeding could be located concerning the Page 3 of 8 property. Community Restoration Corporation held a legal interest in the property in the form of a deed of trust. According to subsequent filings, two days after the filing of the petition for a receiv...

Excerpt: ...ment scam. Demurring Defendant, Sycamore 1, LLC loaned money that was used to purchase one of subject pieces of real property, the Shadow Mountain property, and is named on and demurs to the 10th c/a for false promise, 14th c/a for declaratory relief, 15th c/a to quiet title and 16th c/a for wrongful foreclosure. Essentially, Plaintiff claims that her transfer of title to the Shadow Mountain property is void because Defendant Biyikoglu forged the...

Excerpt: ...ied admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or th...

Excerpt: ...ward of sanction on the grounds that Plaintiff's assertion of the attorney‐client privilege lacks merit. Timeliness of Motion: The opposition states that the parties agreed to an extension of January 2, 2018, to bring the motion to compel, but that service was not completed until January 4, 2018. Defendant in reply asserts that the motion was timely as a supplemental privilege log (which disclosed for the first time that Fagan was withholding t...

Excerpt: ...150, 1159.) Ordinarily, the judge will not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. Grounds for demurrer or motion to strike are premature. After leave to amend is granted, the opposing party will have the opportunity to attack the validity of the amended pleading. (See Kittredge Sports Co. v. Sup.Ct. (Marker, U.S.A.) (1989) 213 Cal.App.3d 1045, 1048.) Note that although it is true that s...