Excerpt: ...e undisputed. While Plaintiff purports to dispute paragraph 8 of the Separate Statement regarding the dialogue between Davies and Deputy Leso because “Defendants selectively omit” dialogue regarding a violation of Penal Code § 602.1(a). However, it is clear from the video footage that the “omitted” dialogue regarding § 6.02.1(a) was not directed to Davies (that is, the dispute is not supported by Plaintiffs' cited evidence). Moreover, t...

Excerpt: ...der the terms of the Master Agreement and addendum. (TAC, ¶ 106.) The reasonable value for the work, labor and services was $500,000. (TAC, ¶107.) Plaintiff claims that this sum has not been paid to PSG by Charter. (TAC, ¶108.) The TAC states that, instead of paying PSG, beginning on April 5, 2019, Charter made payments to Precision for services rendered by PSG after receiving communications from Ornelas indicating that PSG was no longer opera...

Excerpt: ...his motion. (CCP § 437c(q).) GRANT the motion for summary judgment in favor of Wawanesa and against Plaintiff. Defendant to submit a Proposed Judgment Order within 10 Days. The named driver exclusion in the 2021 endorsement was conspicuously presented on an entire page, titled in all capital font, in bold, and advised the insured to read it carefully. (UMF No. 10.) There is also no dispute that Arnelle was an excluded driver in the 2021 policy f...

Excerpt: ...ome (CRPS). Plaintiff was examined by Defendant's anesthesiologist/pain management expert, who concluded Plaintiff does not suffer from CRPS but an “abnormal EMG/NCV” indicating Plaintiff has a “bilateral polyneuropathy of unknown origin.” Defendant seeks further examination by its retained neurologist Dr. O'Carroll “to determine the cause and origins of this co‐morbidity.” Defendant adequately explains in the supplemental brief tha...

Excerpt: ...on the rest as not material. Based on the arguments of notice and open and obvious, PK has met its initial burden and Plaintiff has failed to establish a triable issue of material fact. The second amended complaint alleges that the dumpster itself constituted a dangerous condition and PK failed to use reasonable care because it did not provide safety precautions or warnings for individuals who climbed into the dumpster. PK contends these claims f...

Excerpt: ...continued to 2/6/23. Mr. LaTorraca opines that a reasonable rate in this matter is between $225 and $300 per hour, based on a ruling almost five years ago, with no explanation of the complexity of the issues involved in that case. (LaTorraca declaration, ¶¶55‐57; Exhibit “10”.) This figure is not consistent with my own assessment of fees in this region and the other factors to be assessed in determining what would be a reasonable rate for...

Excerpt: ...y, the documents contain internal communications of FCA's engineers and personnel concerning analysis and investigation of alleged defects. The emails concern engineering team discussions on the investigation and application of vehicle recalls, tracking data for warranty claims, regulatory relations with governing bodies in foreign nations, and investigation methodology. (Decl. of Hendler, ¶¶5‐8.) Mr. Hendler asserts that the information is n...

Excerpt: ...dgment that comports with this ruling. The trial court's jurisdiction to act on remand from a higher court is defined by the terms of the remittitur. (Snukal v. Flightways Mfg., Inc. (2000) 23 Cal.4th 754, 774, fn. 5; People v. Dutra (2006) 145 Cal.App.4th 1359, 1368‐1369.) If the remittitur is ambiguous, the trial court can interpret it in light of the law and the appellate opinion to determine its duties. (People v. Dutra, supra, 145 Cal.App....

Excerpt: ...etailed declaration as to time spent on this portion of the case—the billing records currently lack sufficient detail. DENY Klein's costs related to court transcripts—he is not entitled to recover the court transcripts since (1) they must be pled and proven as part of trial; or, alternatively (2) this is an improper motion for reconsideration—Klein failed to make this argument in his opposition on the Motion to Tax. Timeline ▪ 7/13/17: Re...

Excerpt: ...iscretion to reduce costs to $37,500. Defendants are entitled to recover expert witness fees. (Code Civ. Proc., § 998, subd. (d).) The fact that the 998 offer was jointly made to all three plaintiffs does not render the offer void because plaintiffs shared a unity of interest. (Peterson v. John Crane, Inc. (2007) 154 Cal.App.4th 498, 505; see also Farag v. ArvinMeritor, Inc. (2012) 205 Cal.App.4th 372, 382 [no need to apportion damages between s...

Excerpt: ...alth care provided by The Springs indicates that Nunzio Nino Lacriola is responsible for making health care decisions for Decedent. Hence, The Springs' argument that Plaintiff had power of attorney lacks merit. Additionally, Plaintiff's agreement that she had authority to act on Decedent's behalf in the arbitration agreement does not appear sufficient. See Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1164. An individual who i...

Excerpt: ... already had Plaintiff sit through one medical examination by its retained anesthesiologist/pain management expert, Dr. Zarembinski, based upon Plaintiff's claimed CPRS. (Declaration of Nikki K. Orr, ¶ 7.) However, Plaintiff also alleges permanent orthopedic injuries to his right foot and right leg resulting from the incident. (Id., ¶ 2; Complaint, ¶ 17; Opposition, p. 3.) Although Plaintiff contends Dr. Zarembinski “examined both the orthop...

Excerpt: ...on of Documents and/or lawful Subpoenas. The proof of service attached to the moving papers does not reflect that either Attorney Baldwin or the Riverside Sheriff's Department were served with notice. Further, pursuant to CRC Rule 3.1346, “[a] written notice and all moving papers supporting a motion to compel an answer to a deposition question or compel production of a document or tangible thing from a nonparty deponent must be personally serve...

Excerpt: ...ermine what issues must be admitted or denied, or whether the claims are directed against it. (Khoury, supra, 14 Cal.App.4th at 616.) The special demurrer on grounds of uncertainty is denied. In the FAC Plaintiff repeatedly conflates Pacific Inland and Parkside. Pacific Inland, however, is not a party to the Lease. Further, Plaintiff does not plead facts to demonstrate a breach of the MSA; rather Plaintiff simply alleges that the defendants breac...

Excerpt: ...21, 2022. The parties exchanged numerous, substantive meet and confer letters and met and conferred telephonically. It appears that the parties are now at an impasse. It appears that Defendant's counsel became antagonistic and inappropriately aggressive during the meet and confer process. Nevertheless, despite this hostility, the parties satisfied the meet and confer requirements of (Cal. Code Civ. Pro. §§2030.30(b); 2031.310(b)(2).). Defendant...

Excerpt: ...our causes of action arising out of a real estate transaction between Plaintiff and EPR DE: (1) breach of contract (against EPR DE); (2) breach of contract (against EPR DE); (3) fraud (against EPR DE and Schutte); and (4) alter ego (against Klein and EPR CA).[1] The default of the EPR defendants was entered, and default judgment was entered against them on the first three causes of action on 9/29/22. Following a court trial on this issue, Defenda...

Excerpt: ...ntitled to judgment as a matter of law. After the moving party has met its initial burden, the court's sole function on a summary judgment motion is to determine whether or not there are material facts in dispute. (Zavala v. Arce (1997) 58 Cal.App.4th 915, 926.) Plaintiff alleges the following causes of action in her complaint: (1) FEHA Discrimination based on sex discrimination; (2) FEHA violations based on pregnancy discrimination; (3) FEHA vio...

Excerpt: ... omission in a notice of public hearing, unless the court finds the error was prejudicial, the complaining party suffered substantial injury, and a different result was Page 3 of 5 probable had the error not occurred. ([Government Code] § 65010, subd. (b).) Neither prejudice, substantial injury, nor the probability of a different result may be presumed based on a showing of error alone. (Ibid.) ” (Rialto Citizens for Responsible Growth v. City...

Excerpt: ...ritten lease with defendant Jefferson Avenue Temecula, LLC to rent commercial space located at 27355 Jefferson Ave, #C/D in Temecula to operate a beauty supply store and salon starting November 1, 2019. Plaintiff alleges Defendant failed to timely deliver possession of the premises with a certificate of occupancy. Defendant now moves for summary judgment and/or adjudication of each cause of action. Defense relies on the fact that most of the issu...

Excerpt: ...t calls out a separate theory of liability. (Lilienthal & Fowler v. Sup. Ct. (1993) 12 Cal.App.4th 1848, 1853– 54.) Each arises from a distinctly separate legal obligation or claim of right and (2) each has its own set of elements that will be established by different evidence. In Zumbrun v. University of Southern California (1972) 25 Cal.App.3d 1, the court held that a special demurrer was properly sustained “where two causes of action ha[d]...

Excerpt: ...n documents without any intent to occupy or own the property, but rather, as an accommodation to the Defendant Cross complainant to enable her to borrow money from a lender when she otherwise lacked the financial wherewithal to finance the mortgage. Neither party has addressed the effect that this apparent fraud on the lender would have on the matter at hand in terms of whether either party can now move to enforce the ownership of the mortgage th...

Excerpt: ...ional or statutory right by threatening or committing violent acts; (2) that the plaintiff reasonably believed that if he exercised his constitutional right, the defendant would commit violence against him or his property; (3) that the defendant injured the plaintiff or his property to prevent him from exercising his constitutional right or retaliate against the plaintiff for having exercised his constitutional right; (4) that the plaintiff was h...

Excerpt: ...x sold, and delivered, the two pods to Mochi. Mochi paid for only one of the two pods and this failure to pay formed the basis for the judgment entered in favor of Podtronix in this case. Mochi possesses the two pods, which are located at Mochi's place of business. In support of showing of the need for a turnover order, Rerucha states that “[b]ecause of the physical construct of the business premises of Mochi, it would be impossible for the She...

Excerpt: ...m the late filing, and the court chooses to exercise its discretion and move forward with the demurrers. The moving declarations of Plaintiffs' counsel indicate that meet and confer efforts, including a settlement offer, took place from May 2022 through the end of September 2022. Defendants have satisfied their meet and confer obligation under Code of Civil Procedure, section 430.41(a). In their demurrers, Defendants fail to explain how any of th...

Excerpt: ...emetery. On August 09, 2022, a judgment was entered in favor of the Iverson Defendants after they had prevailed on their motion for summary adjudication. The judgment indicated the following concerning Defendants' entitlement to costs of suit: “As the prevailing party, pursuant to Code of Civil Procedure § 1032, Defendants, MICHAEL DENNIS IVERSON; LAW OFFICES OF MICHAEL DENNIS IVERSON, APLC; CHARLES BENJAMIN GRAFF and GRAFF & ASSOCIATES LAW FI...