Excerpt: ...way 111, LLC, Urban Commons, LLC and Brighton Management, LLC move the court for summary judgment on Plaintiff Gary Bruce's First Amended Complaint, or in the alternative summary adjudication as to each of Plaintiff's causes of action for: 1) negligence, 2) nuisance, 3) negligent infliction of emotional distress, 4) breach of contract, and 5) breach of quiet enjoyment. On 4/20/19 this court ruled on Defendants' demurrer and motion to strike porti...

Excerpt: ...ith leave to amend. In sustaining the prior demurrer the court noted that each of Plaintiffs' 4 causes of action were based on the premise that Defendant, Plaintiffs' real estate agent and broker, owed them a duty to investigate whether or not the express representations and warranties made by Plaintiffs to buyer, as sellers of certain commercial property, were in fact accurate. The court noted that none of the cases cited by Plaintiffs stood for...

Excerpt: ...sonable safe condition, in that they failed to properly maintain pest control on the property, Plaintiffs endured slum‐type living conditions resulting in financial loss, personal injury and emotional distress. Following to court's ruling on the demurrer to the original complaint and motion to strike. Plaintiff filed this FAC. The Demurrer is based upon the grounds that the 6th cause of action for IIED, 9th cause of action for Fraud and 10th fo...

Excerpt: ... of resident's rights‐H&S Code § 1430(b) and (3) wrongful death is brought by Jessica Floyd both as the successor interest to decedent Reba Fay Owens and individually against CNRC, LLC a nursing and rehabilitation center. The gravamen of the complaint is that CRNC's neglect led to Owens' death. This agreement is expressly governed by the FAA. “The parties to this Arbitration Agreement acknowledge and agree that the Admission Agreement and th...

Excerpt: ...ws: Page 7 of 8 No. 16.1: Do you contend that any person, other than you or plaintiff, contributed to the occurrence of the incident or the injuries or damages claimed by plaintiff? If so, for each person: (a) State the name, address, and telephone number of the person; (b) State all facts upon which you base your contention; (c) State the names, addresses, and telephone numbers of all persons who have knowledge of the facts; and (d) Identify all...

Excerpt: ...cannot meet his burden of proof that the subject tire was involved in the incident had any product defect or that any purported product defect caused or contributed to Plaintiff's claimed injuries. Therefore, Plaintiff cannot Page 2 of 8 meet his burden of proving any of the elements of his causes of action against Titan, the alleged manufacturer of the tire. Summary judgment is granted when a moving party establishes the right to entry of judgme...

Excerpt: ...oyees, plaintiffs foot got caught in the excess portion of a seatbelt which was loose on the floorboard of the van, and plaintiffs body was violently thrown unto [sic] the concrete outside, causing him serious bodily injuries. Plaintiff reported the incident to the defendant' s employees but was refused access to medical care for days, despite repeated requests. Plaintiffs injuries and the employees' refusal to get him medical care caused plainti...

Excerpt: ...bstantially reduced as 1) motion was not timely or served pursuant to mandatory statutory guidelines, 2) seeks fees pertaining to matters unrelated to the motion, 3) fails to introduce any evidence to support the rates claimed by attorneys Keane, Huso or paralegal, 4) failed to engage in a proper lodestar analysis for the fees claimed, 5) the lodestar analysis conducted by Plaintiff confirms that the fee request is excessive, and 6) the deadline ...

Excerpt: ... 201.6; Special Interrogatory 27‐33, 44‐50, 59, 62, 64); 2. Plaintiff's dissatisfaction with Defendant's Responses, despite the Defendant adequately supplementing its Response (FI‐ Employment 201.4, 209. 2, 211.1; Special Interrogatory 7, 24, 42, 43); Page 2 of 4 3. Requests purporting to seek information about Plaintiff's employment and claims in this lawsuit, but which Defendant claims are facially overbroad, unduly burdensome, and which ...

Excerpt: .... Page 12 of 15 Cross‐Defendant Mitchell Altman moves the court for summary judgment, or 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...

Excerpt: ...s of the Davis‐Stirling Act. This matter may indeed be moot in light of the court's ruling in the Asher matter. However, the court intends to issue the same order for the same previously litigated and argued reasons insofar as the issues are the same. Plaintiff's 10th cause of action is asserted against Defendants The Morningside Community Association (“HOA”), David Peters (“Peters”) and Peters & Freedman (“D&F”) and Does 3‐5. The...

Excerpt: ...2.5 (2nd coa) and Violation of Labor Code §§6310 and 6311 (3rd coa) on the grounds they fail to state facts sufficient to constitute a cause of action against them and are sham pleadings. On 4/10/19 this court heard and sustained with leave to amend as to Plaintiffs' 2 nd and 3rd causes of action as to moving parties. The court found that the causes of action were based upon allegations that Jay was terminated for reporting two alleged workplac...

Excerpt: ...owes Caltrans a duty to defend. A plaintiff may move for summary adjudication of a cause of action if the plaintiff asserts there is “no defense” to that cause of action; the plaintiff's burden of proof on such a motion is to prove each element of the cause of action entitling the party to judgment on that cause of action. CCP §437c(f)(1), (p)(1); Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 241. On October 6, 2016...

Excerpt: ...before 03/08/2019. On 02/21/19, this court found that there was a willful violation of its 10/11/2018 order in that Petitioner failed to file her opening brief. The court therefore dismissed the action. On 04/16/19, Petitioner filed a “Declaration of Susan Cogliano, Motion to Vacate Order Entered on 02/21/19” and on 04/29/2019 a “Second Declaration of Susan Cogliano, Rebuttal to Opposition to Good Cause…” in both of which she claimed th...

Excerpt: ...eted private mediation and were successful in resolving their dispute. The parties (King and Franklin) executed a written Settlement Agreement on May 2, 2019 along with non‐parties Nick Franklin, Elliot Megdal and Taylor Megdal. The terms of the settlement are set forth in Paragraph 3 of the written agreement as follows: 3.1. Within three court days after the execution of this Agreement by all Parties, King (with respect to the Action) and Fran...

Excerpt: ...00,000 in damages. Plaintiff moves for an order quashing or modifying deposition subpoenas issued and served by Defendant on June 5, 2019, to (1) Tower Market; (2) Blue Shield of California; and (3) Sam Ahdab, MD. In addition to the above, Plaintiff moves to quash, or in the alternative, modify Defendant's subpoena issued on June 7, 2019, to (1) Quantum Medical Radiology; as well as the subpoenas issued on June 13, 2019, to (1) Desert Regiona...

Excerpt: ...(4) justifiable reliance, and (5) resulting damage. (Engalla v. Permanente Medical Group (1997) 15 Cal. 4th 951.) (Lovejoy v. AT&T Corp. (2004) 119 Cal. App. 4th 151, 157‐158.) Plaintiffs allege that Louise told Autry that WFLF was looking for a new ranch for the horses because the owner of their previous home had stolen from WFLF and poisoned some of the horses. (Complaint (Compl.)), ¶18.) Louise this statement was allegedly false and intende...

Excerpt: ...aintiff Nita Brasch's Complaint on the grounds that they fail to state facts sufficient to constitute a cause of action against them and/or uncertain and/or barred by statute of limitations. Plaintiff frames her case as one involving slum housing conditions, including bed bug infestations, mold infestation, rodent infestation, infestation by other vermin and pestilence and deplorable living conditions. Plaintiff's claims arise out of a unit she l...

Excerpt: ...ve of court. Accordingly, the court SUSTAINS without leave to amend. Although this court granted leave to amend the TACC (in ruling on the demurrer filed by Joanna Lents) that did not give Dunlap leave to do anything other than address the causes of action related to Cross‐ Defendant Lents. Granting leave to amend in an order sustaining a demurrer “must be construed as permission to the pleader to amend the cause of action which he pleaded in...

Excerpt: ... him as an Administration of Justice instructor because the California Teachers Association had attempted to resolve his claims with the District. Essentially, Plaintiff alleges that he was teaching 9 units as a part‐time Administration of Justice (AJ) instructor and 10 units as Basic Peace Officer Training (BPOT) Coordinator. The BPOT Coordinator, was well over the 10 units that would require the District to classify him as full‐time and tha...

Excerpt: ...plicable causes of action. DISCUSSION: C.C.P. §436(a) provides that a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” In ruling 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 demurr...

Excerpt: ...s Complaint and FAC. In ruling on the last demurrer (to the FAC) the court noted that the FAC failed to plead facts with particularity that support an elder abuse cause of action and further failed to allege facts sufficient to impose corporate liability. Accordingly, the court sustained with leave to amend to provide Plaintiffs an additional opportunity to allege a cause of action for elder abuse against moving parties at this stage of discovery...

Excerpt: ...aintiffs assert the 3rd cause of action against HK and Flaherty and the 4th cause of action against Flaherty. The pertinent alleged facts related to the professional negligence and negligent misrepresentation causes of action are as follows:  HK and Flaherty are professional licensed real estate brokers and/or salespersons involved in the purchase and sale of the property at issue.  HK and Flaherty represented the seller, Defendant Miller, ...

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: ...n for: 1) Medical Negligence, 2) Lack of Informed Consent and 3) Loss of Consortium. 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. C.C.P. § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established o...

Excerpt: ...randt situation. On 07/12/2019, following a jury verdict in his favor and the court's execution of a judgment on 06/28/29, Plaintiff filed a notice of entry of judgment. This notice of entry was premature and improper because there was no final judgment at that point. This is clear from the fact that at the very least, the issue of Attorney fees/Brandt fees was outstanding. In California, “[t]here can be only one final judgment in a single acti...

Excerpt: ...elationship the Defendant and Plaintiff would each pool and combine their skills, efforts, labor and earnings…” (Compl., ¶ 7.) The 3rd cause of action seeks recovery based upon a contract implied in fact, an “implied understanding.” (Compl., ¶ 34.) The demurrer is based upon the grounds that the 1st through 3rd causes of action fail to state a cause of action, is uncertain and fail to state whether the cause of action is written, oral o...

Excerpt: ...ith a public issue, and all of Mr. Poynter's alleged statements are protected by the litigation privilege pursuant to Civ. Code §47(b), and Plaintiff cannot demonstrate a probability of prevailing on either of its causes of action. Defendant Poynter asserts that the alleged statements that Plaintiff King asserts as grounds for his single cause of action for slander and slander per se were purportedly made by Poynter to Alan Axelrod during a phon...

Excerpt: ... filed on or before 9/9/19. Accordingly, the opposition is not due until after the court's deadline for posting a tentative ruling. C.C.P. §664.6 provides that: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by th...

Excerpt: ...priately. CCP Section 2032.530(a) provides “The examiner and examinee shall have the right to record a mental examination by audio technology.” The examination and all tests to be completed within six hours. No interview or tests questions are to address directly or indirectly the plaintiff's sex life, sex behavior and or sexual orientation. Defendant Phillip Schneider moves the court, pursuant to CCP §§ 2032.220, et seq., for an order comp...

Excerpt: ...aims against them arise out of protected activity in furtherance of their constitutional right to free speech in lodging a complaint with their HOA stating that Plaintiff's Jacaranda trees violated the HOA's CC&Rs. Plaintiff Daniel Swartz' Complaint alleges 5 causes of action against Thunderbird Property Owners Association and Roy and Susan Hofheinz for: 1) breach of written agreement, 2) breach of fiduciary duty, 3) negligence, 4) discrimination...

Excerpt: ... the 2nd, 3rd, 4th, 5th and 8th causes of action. 2. Mitchell Brodie and Marcus Carter demur to the 2nd, 3rd, 4th, 9th and 10th causes of action. 3. Merv Griffin Equestrian Estate, LLC demurs to 2 nd, 3rd, 4th , and 5 th causes of action. Causes of action: (2) intentional misrepresentation, (3) fraudulent concealment, (4) unjust enrichment, (9) conspiracy and (10) aiding and abetting. Page 2 of 4 Plaintiff's claim that Defendant concealed that ot...

Excerpt: ...d Defendants but placed title in the property in the name of Defendants only based upon representations by the notary who notarized the subject deed, Mercedes Gutierrez, a friend of Defendant Anna Ramirez, that the parents could not put the names of more than two grantees on the deed. The subject deed was executed in1999. Plaintiffs allege that they were their parents' care takers and have been in possession of the land. The demurrer is based upo...

Excerpt: ...ses of action in their First Amended Complaint against all defendants: Morningside Community Association and Board of Directors Randall Zien, Jack Buckingham, Liza Ivins‐Hazelrig, Ronald Kolar, Chris Norman, and Wayne Pollard (collectively HOA Defendants); The Club at Morningside and its Board of Governors Rusty Goepel and Richard Cantlin and its General Manager and COO Greg Harris (collectively The Club Defendants), and Peters & Freedman, LLP ...

Excerpt: ...e” by the defendant. (CC § 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. CC § 3294(c)(1). While the underlying claims may be generally alleged, specific factual allegations are required to support a punitives claim. Smith v. Sup.Ct. (Bucher) (1992) 10 Cal.App.4th...

Excerpt: ...r the 10‐year enforceability period, set forth in CCP §683.020. Judgement debtor seeks an order vacating the renewal of the judgment. In opposition, judgment creditor asserts that the 10‐year renewal period was tolled pursuant to 11 U.S.C. §108(c) due to judgment debtor's bankruptcy case. Further, that his renewal was timely as it was filed within 30 days after he was granted relief from stay to be able to file his renewed judgment pursuant...

Excerpt: ...to state facts sufficient to state a cause of action and/or are uncertain. Plaintiff Pamela Day's SAC alleges certain causes of action against moving parties as follows: 1 st (fraud/false promise), 2nd (fraud/concealment), 3rd (fraud/misrepresentation), 4th (breach of fiduciary duty), 7th (tortious interference with contractual relationship) and 8th (forcible detainer) which Defendants demur. On October 19, 2018 this court heard and sustained wit...

Excerpt: ... required voting requirements to amend the Bylaws from 51% of the voting power to two‐thirds of the ballots cast when ballots are received from at least a majority of the voting power. Association's petition alleges voter apathy and states that they made every effort to get out the vote of their 3,450 voters with the following results: Elimination of Cumulative Voting (January 11, 2019 ballot): 2,052 votes cast representing 59.5% of total voter...

Excerpt: ...e, duplicative, oppressive and imposes undue burden and expense on Plaintiff. Therefore, the court should issue a protective order directing that defendants amend their expert witness designation so that there is a single retained expert witness as to each subject matter upon which expert testimony will be offered. In opposition, Defendants state that they amended their designation of experts to address the issues raised by Plaintiff. Therefore, ...

Excerpt: ...evasive and nonresponsive. Form Interrogatory No. 17.1: Is your response to each request for admission served with these interrogatories an unqualified 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 the facts; (d) Identify all documents an...

Excerpt: ...ses of action in their First Amended Complaint against all defendants: Morningside Community Association and Board of Directors Randall Zien, Jack Buckingham, Liza Ivins‐Hazelrig, Ronald Kolar, Chris Norman, and Wayne Pollard (collectively HOA Defendants); The Club at Morningside and its Board of Governors Rusty Goepel and Richard Cantlin and its General Manager and COO Greg Harris (collectively The Club Defendants), and Peters & Freedman, LLP ...

Excerpt: ... 2: Prayer for Relief, No. 3, Page 24, Line 14 as to punitive damages, which are not authorized against Toyota. No. 3. Paragraph 76, Page 11, Lines 9‐10, and paragraph 173, Page 22, Line 27 through Page 23, Line 89, because equitable and injunctive relief is not available when there is an adequate remedy at law available and they are irrelevant and not drawn in conformity with the law as against Toyota. No. 4: Prayer for Relief, Nos. 5 and 8, P...

Excerpt: ... to constitute a cause of action against them. Plaintiff's SAC alleges in pertinent part as follows:  Plaintiff Mitchell Kelley brings this as a derivative action on behalf of O.M. Contracting, Inc. and Y&M Management, Inc. against Yahya Omer Mohamed, Rolling Camel Page 2 of 9 Ranches, O.M. Investments, Inc. (nominal defendant), O.M. Contracting, Inc. (nominal defendant), and Y & M Management, Inc.  Kelley is a minority shareholder of O.M. ...

Excerpt: ...mail to the California Insurance Commissioner fail as International is not an insurer and GIC does not conduct any insurance Page 2 of 4 business in California. Further, Defendants assert that Plaintiff failed to comply with the provisions of Ins. Code §§1610 and 12931. In support of its motion, Defendants submit the declaration of Peter Williams, Regional Claim Manager for The Burlington Insurance Company. The declaration states that Internati...

Excerpt: ...y he purchased for $85,000.  In early 2014 Plaintiff fell behind in paying his property taxes.  Plaintiff received a foreclosure notice for his unpaid taxes of $6,000.  Plaintiff called a real estate agent by the name of Rocio Velasco for advice. She advised Plaintiff that she worked for Jerry Corona, from Century 21, who was an investor and Page 3 of 5 could help him.  In February 2014, Plaintiff went to Corona's office.  Plaintif...

Excerpt: ...en purchase agreement, which was part financed by UPC pursuant to a promissory note executed by HN. This case was settled in its entirety and dismissed on March 16, 2017. In PSC1700610, Plaintiff C&W Electric filed suit against multiple parties, which did not include UPC, and also sought to foreclose its mechanic's lien against the property. This action was dismissed on February 8, 2018. In PSC1700746, Orr Builders filed suit against multiple par...

Excerpt: ...re. Healing Nature, LLC asserts it is the prevailing party on its Cross‐Complaint against United Pentecostal Church for breach of the purchase and sale agreement due to the UPC's failure to disclose material facts concerning the unpaid construction costs that resulted in mechanic's liens against the property. As the parties' purchase and sale agreement has a provision that states, “In any action, proceeding, or arbitration between Buyer and S...

Excerpt: ...rroneous calculation of the project profits by failing to deduct the project's full land purchase costs of $4,060.000; the indirect costs of $241,222 and committed costs of $95,416. Page 2 of 5 Plaintiff's expert, Mr. Taylor calculated a 50% profit division based on a land purchase price of $2,905,000 rather than the total amount spent by defendant to acquire all 59 lots developed and subject to the profit participation agreement which amounted t...

Excerpt: ... in the lease, a "care facility providing inpatient detoxification, residential treatment and lodging, and other substance abuse related activities." Plaintiff now seeks leave to file an FAC deleting the three causes of action for rescission and proceeding on a their cs/a for breach of contract, negligent misrepresentation and money had and received based upon a different set of facts, to wit, that the Plaintiffs Page 3 of 5 provided writ...

Excerpt: ... Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) and at Defendant Empire Polo Club (EPC). Essentially, Plaintiffs allege that decedent went into cardiac arrest and died as a result, in part, of the conditions of the housing provided by GV and EPC. More specifically, Plaintiffs allege that high winds and dry heat caused large clouds of dust that made it hard for people to breat...