Excerpt: ... insurance policies, citing Ascherman v. General Reinsurance Corp. (1986) 183 Cal.App.3d 307, 310‐311; Abari v. State Farm Fire & Cas. Co. (1988) 205 Cal.App.3d 530, 543; Hendy v. Loose (1991) 54 Cal.3d 723, 740; East Bay Mun. Utility Dist. v. Richmond Redev. Agency (1979) 93 Cal.App.3d 346, 357 fn.4; Ingram v. Flippo (1999) 74 Cal.App.4th 1280, 1285 fn. 3; and Pomona College v. Superior Court (1996) 45 Cal.App.4th 1716, 1727‐1728. None of th...

Excerpt: ...eponderance of the evidence that Plaintiff agreed to the arbitration agreement based on Pamela Voit's declaration establishing her habit to account for and review every onboarding packet, the statement that she presented Plaintiff with the onboarding packet, and the statement that, as a matter of custom and practice, she reviews onboarding packets for any errors. The arbitration agreement provides that, as a condition of employment or in consider...

Excerpt: ...not establish PHH's unjust retention of benefits or that Kaiser cannot establish damages. Statutory Remedy: 28 CCR § 1300.71(d)(6) only allows the plan to offset an overpayment where the provider fails to reimburse the plan and “the provider has entered into a written contract specifically authorizing the plan . . . to offset an uncontested notice of overpayment of a claim from the contracted provider's current claim submissions.” PHH has fa...

Excerpt: ...s or power.' (Bus. & Prof. Code §§ 2052, 2400.) The restriction is meant “to protect the professional independence of physicians and to avoid the divided loyalty inherent in the relationship of a physician employee to a lay employer. [Citations].” (California Physicians' Service v. Aoki Diabetes Research Institute (2008) 163 Cal.App.4th 1506, 1514 (“Aoki”).) However, the court in Aoki noted as follows: “The doctrine against the corpor...

Excerpt: ... Plaintiff has not established any new or different facts, circumstances, or law. Also, Plaintiff's counsel concedes that he could have presented additional facts with the opposition to the demurrer, but that he believed (and still does) that this is a nonissue. (Motion, Dec. Sisco ¶ 6.) Finally, Plaintiff's counsel, Kenneth D. Sisco, does not set forth a basis for this court to find attorney fault. Mr. Sisco asserts that he “had, and still ha...

Excerpt: ...ence that Defendant contracted Covid‐19 in December 2020, but neither she nor her counsel was informed that Defendant was ill in any way in December 2021. (Kondo Decl. p.2.) Even if ill, Defendant only states it was “more difficult to concentrate on things” and this is why he did not file a response to the complaint. This is not evidence of excusable neglect. (3) Filing a proof of service that complies with the applicable statutory requirem...

Excerpt: ...aw, or other determinable legal standard.” Korea Supply Co. v. Lockheed Martin Corp. (2003) 29 Cal.4th 1134, 1159. Regardless of whether Plaintiff possesses a right of action for an alleged violation of FERPA, such a violation—which is proscribed by statutory/regulatory law—may support a cause of action for intentional interference with a prospective economic advantage. Defendants cite no authority to suggest otherwise. The motion to strike...

Excerpt: ...(a) defines sexual battery as “acts with the intent to cause a harmful or offensive contact with an intimate part of another” or acts with the intent to cause a harmful or offensive contact with another by use of his or her intimate part, where a sexually offensive contact directly or indirectly results. (Cal. Civ. Code, § 1708.5(a)(1)‐(2).) Section 1708.5(a)(3) also prohibits “acts…caus[ing] an imminent apprehension of the conduct des...

Excerpt: ...dchanji, M.D.. However, Petitioner is not seeking arbitration against Jack Druet, M.D. Inc., but rather, Jack Druet the individual. There is no arbitration agreement between these parties. Petitioner asserts that because Respondent signed the Agreement, he is bound by the Agreement. However, “Persons are not normally bound by an agreement entered into by a corporation in which they have an interest or are employees.” (Suh v. Superior Court (2...

Excerpt: ...of law for many reasons including lack of actual or constructive notice of proceedings or lack of or improper service of summons. (Lovato v. Sante Fe, Int'l Corp. (1984) 151 Cal.App.3d 549, 553.) Here, Cross‐defendant Porter argues that substitute service may only be effectuated at a person's home or business and the location in Tennessee was neither; he never resided at the address or worked at the address. However, as noted above, under Code ...

Excerpt: ... proceedings when such positional changes have an adverse impact on the judicial process… The policies underlying preclusion of inconsistent positions are general consideration[s] of the orderly administration of justice and regard for the dignity of judicial proceedings… Judicial estoppel is intended to protect against a litigant playing fast and loose with the courts.” (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181 (citi...

Excerpt: ...not employees of Costco.” As pointed out by Plaintiff, Defendant had reasonable opportunity to investigate and discover Plaintiff's injuries, including Plaintiffs' deposition, responses to written discovery, medical records, and video surveillance related to the fall, witness statements, etc. (Declaration of Jacob L. Stipp, ¶¶ 5‐11.) Thus, Defendant is obligated to provide an answer based on the information available to it. The interrogator...

Excerpt: ...Both defendants seek the award of sanctions on each of their motions. These motions are governed by Code of Civil Procedure (CCP) sections 2030.090 [interrogatories] and 2031.060 (requests for production of documents], each of which allows a party served with interrogatories or RFPs to “promptly move for a protective order.” (C.C.P., §§ 2030,090, subd. (a), 2031.060, subd. (a).) Subdivisions (a) of C.C.P. sections 2031.060 and 2030.090 auth...

Excerpt: ...ays. A party may object by demurrer to a complaint on grounds that the pleading does not state facts sufficient to constitute a cause of action. (Cal. Code Civ. Pro. §430.10(e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true no matter how unlikely or improbable. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) “To survive a demurrer, the complaint need only allege facts...

Excerpt: ...n September 2014 and began aggressively seeking Trang's investment in a business that manufactures nutritionally enhanced powdered milk. (SAC, ¶ 102.) In November 2014, Chanh offered Trang the following: 1) in exchange for $300,000, Trang would become a named partner in a real estate partnership that would purchase, manage and own a warehouse in Temecula that would house a new milk business; and 2) in exchange for $750,000 Trang would receive 50...

Excerpt: ...w Isu decl., Exhibits 1 and 2, ¶ 44.) and the declaration of Kurt Knauer, the Administrator for defendant Vineyard Ranch, states that the facility engages in interstate commerce by receiving funding through Medicare, use of U.S. Mail, national telephone lines and internet connections to conduct business, uses out of state vendors to buy supplies and medications. (Knauer decl., ¶¶ 5‐7— though Knauer has only served as administrator since No...

Excerpt: ...It is undisputed Defendants failed to timely pay the arbitrator' fees, and JAMS closed the file on May 25, 2021. (Declaration of Edward Yun, Exs. 1‐5.) Defendants, therefore, materially breached the arbitration agreement pursuant to CCP § 1281.97. Thus, Plaintiff had the right to withdraw the arbitration claim with JAMS and file its claim with this court, and Defendants waived their right to compel arbitration. Defendants argue that the arbitr...

Excerpt: ...relief without their presence. These arguments are persuasive under the circumstances presented although they do not resolve this motion. Feast and the individual Defendants also argue that moving Cross‐Defendants' committed a tort knowing that their conduct would cause injury to Feast, which operates from California. (Dec.Rosenstein ¶ 5.) “Nonresident employees are generally not suable for “mere untargeted negligence” performed outside ...

Excerpt: ...n connection with entering into the loan, Defendants, and represented by their Invoice and otherwise that they were selling the Equipment to Borrower for the sum of $111,495.00. In addition, Borrower and Defendants represented to Plaintiff that it would be granted a security interest in the Equipment to collateralize Plaintiffs Loan to Borrower. (Id at 21) Plaintiff further alleges that Defendants and Borrower represented that the Equipment was d...

Excerpt: ... with 20 days leave to amend. 2. CVSW2105308 TAYLOR VS LOMA LINDA UNIVERSITY MEDICAL CENTER, MURRIETA DEMURRER AND MOTION TO STRIKE COMPLAINT ON COMPLAINT FOR MEDICAL MALPRACTICE (OVER $25,000) OF MARCIA TAYLOR BY REGAL MEDICAL GROUP, INC. Tentative Ruling: 1. SUSTAIN the demurrer to the 2nd cause of action for dependent adult abuse/neglect for failure to state sufficient facts, with 20 days leave to amend; 2. OVERRULE Regal's demurrer to the 4th...

Excerpt: ...efendant cites very clearly say “no.” Nevertheless, Plaintiff contends that Defendant is a hospital and hospitals have a duty to insure the competence of its staff. This isn't disputed. Plaintiff also distinguishes this matter from the argues this case from the automobile accident cases cited by Defendant. Although there are factual distinctions, Plaintiffs have not provided any authority that show Defendant cases are inapplicable to the pres...

Excerpt: ...burden showing as a matter of law that it did not control the subject location where Plaintiff fell. GRANT summary adjudication as to the 2nd and 3rd causes of action. 1 ST Cause of Action: While the District produced sufficient evidence showing it did not own the subject location where Plaintiff fell, the District's own evidence shows triable issues of fact as to whether the District controlled the Location, i.e., was in a position to prevent, r...

Excerpt: ...cks authentication). Breach of the Implied Covenant of Good Faith and Fair Dealing: While Defendant provides evidence that its denials of coverage was made after expert reports were provided and payments or attempts to make payments were made to Plaintiff (many of which she did not cash), Defendant has not established that all of its conduct was reasonable. The moving party's evidence must be strictly construed, whereas, the evidence offered in o...

Excerpt: ...cks authentication). Breach of the Implied Covenant of Good Faith and Fair Dealing: While Defendant provides evidence that its denials of coverage was made after expert reports were provided and payments or attempts to make payments were made to Plaintiff (many of which she did not cash), Defendant has not established that all of its conduct was reasonable. The moving party's evidence must be strictly construed, whereas, the evidence offered in o...

Excerpt: ...the terms are not found in the settlement agreement. Defendants contend the parties have already retained an independent appraiser who has completed an appraisal on the property. They contend that in response to this appraisal, Plaintiffs have asked to see documents, many of which were irrelevant. Defendants have provided Plaintiffs with records that it believes are relevant to the appraisal and not privileged. Defendants assert that Plaintiffs d...