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

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

Excerpt: ...substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended.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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... in his neighborhood. Neither, however, is sufficient to create a triable issue of fact. The Redfin estimate is inadmissible for the same as reasons as the Zestimate discussed below. And there is an insufficient basis to accept Amatos' comparables as evidence of the value of his home. An opinion on the value of another's property is received only from one familiar with property values in the area, i.e., an expert. But the owner of real or per...

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

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

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

Excerpt: ...dant Watermark Retirement Communities, Inc. owns Carlotta and is a mere alter ego of Carlotta. Wall was admitted to Carlotta around August 9, 2018. Carlotta knew Wall needed assistance with his activities of daily living, including monitoring, assistance with ambulation and protection against falls as he was a high fall risk and would suffer falls if fall prevention measures were not put in place. During a physical therapy session on September 2,...

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

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

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

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

Excerpt: ...w. C.C.P. § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037. Once the defendant has made such a showing, the burden shifts to the plaintif...

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

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

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

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

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

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

Excerpt: ... The motion is based upon the grounds that there is no triable issue of fact as to any cause of action. There are triable issues of fact as to whether the parties agreed that Defendant William Nielsen would support Plaintiff Dawn Foote. Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74. Nielsen argues that Foote lacks sufficient evidence to raise a triable issue of fact that the parties had either an express or i...