Excerpt: ...and 3. On the cause of action for Breach of the implied Covenant of Good Faith and Fair Dealing, Plaintiff relies solely on the vague statements of Mr. Aryana that Plaintiff complied with all terms and conditions of the Loans and made all required payments. Plaintiff does not provide evidence that all draw requests were made for items used on the Project as required under the terms of the Loan Agreement. Defendants have prov-ded clear supporting ...

Excerpt: ...tablish her negligent repair claim because Plaintiff cannot prove that Norm Reeves breached a duty owed to Plaintiff, nor can Plaintiff prove the element of damages as a result of Norm Reeves' conduct. Defendant provides evidence that Plaintiff presented her vehicle for repair to Defendant one single time before filing suit. (UF 2.) Plaintiff testified that in the weeks and months following repair, the problem seemed to go away. (UF 4.) Plaintiff...

Excerpt: ..., indicate that Plaintiff seeks summary adjudication. Nor does the separate statement refer to summary adjudication of the issues. Accordingly, the Court will not adjudicate the separate causes of action, but will treat this as a Motion for Summary Judgment. In California, a debt which is predicated upon the breach of the terms of an express contract cannot be the basis of an account stated. (Rio Linda Poultry Farms v. Fredericksen (1932) 121 Cal...

Excerpt: ...s four evidentiary objections to the Declaration of Michael Makinen. Objection 1: 95: "SO- McKinely turned over the Premises to Organic Roots on May 17, 2018." Sustain on grounds of lack of personal knowledge and lack of foundation. Objection 2: 97: "A little more than two (2) years after the execution of the Lease, Organic Roots was almost $600,000 behind in payment of rent and other charges under the Lease to SOMcKinley." Sustain on grounds of ...

Excerpt: ...ursuant to Cal. Code Civ. Pro. S526(a)(3), a preliminary injunction may issue: When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual. The plaintiff has the burden to prove all elements necessary to sup...

Excerpt: ...he Deed of Trust and tax liens would be judicially noticeable.) OVERRULE all of Defendant's Objections to the evidence, as the objections do not comply with the formatting requirements of CRC 3.1354(b). Page 3 of 4 DENY the motion for summary judgment/summary adjudication. The Plaintiffs lack stand-ng to bring this action. "Every action must be prosecuted in the name of the real party in interest." (CCP S 367.) In litigation involving trust prope...

Excerpt: ...-Beverly Act8reach of Express Warranty, violation of the Song-Beverly Act- Breach of Implied Warranty and violation of the Song-Beverly Act Secton 1793.2. Ford contends that on July 23, 2020, Ford sent Plaintiff an e-mail offering to repurchase or replace Plaintiff's vehicle and requested that Plaintiff provde information to Ford to repurchase the vehicle, but that Plaintiff failed to respond and ultimately rejected Ford's offer. (SUMF No.3) Ford...

Excerpt: ...orman & Clark corp. v. Fallon (1971) 3 cal.3d 875,884.) On the merits, Plaintiff's motion is denied for the failure of Plaintiffs to meet their initial burden. With respect to issues 1 and 2, no admissible evidence has been presented that Defendants acted "[w]ith actual intent to hinder, delay, or defraud" Plaintiffs at the time of the transfers. (See Civ. Code S 3439.04(a)(1).) Nor do Plaintiffs offer any evidence to support a finding of implied...

Excerpt: ... obtaining a "right-to-sue" letter from DFEH. (Govt. C. SS 12960, 12965(b)). The plaintiff then has one year from the date of the right to sue letter to file a civil action. (ld.) Here, there is no dispute that plaintiff filed his original DFEH complaint on December 20, 2017, which included allegations of harassment, discrimination and retaliation based on race and his request for a reasonable accommodation for his disability for the period of No...

Excerpt: ...se of action. Plaintiffs provide specific examples of defendant's conduct online of name-calling, blocking plaintiffs from posting on NextDcM false claims of criminal acts, identity theft and confronting plaintiffs while on a walk. On the 5th cause of action for violation of the Bane Act, plaintiffs fail to sufficiently allege that defendants threatened or committed a violent act in an attempt to interfere with their constitutional rights. (First...

Excerpt: ...al.R.Ct. Here, the court signed the judgment in this matter on January 19, 2023 and the Judgment was filed with the court on January 24, 2023. Also on January 24, 2023, the court generated a Minute Order Page 3 of 3 instructing the clerk to give notice of entry of judgment. The clerk mailed a copy of the court's minute order the same day, January 24, 2023. The clerk then filed a Certificate of Mailing on January 24, 2023, certifying that a copy o...

Excerpt: ...Plaintiff seeks prejudgment interest pursuant to Civil Code S 3291, which provides that when a defendant rejects plaintiff's CCP S 998 offer and plaintiff obtains a "more favorable" judgment at trial, the personal injury plaintiff is entitled to 10% interest on the entire judgment from the date of the offer. Plaintiff, however, is not entitled to prejudgment interest on the costs that are awardable to plaintiff. As defendants correctly note, the ...

Excerpt: ...e C. Yun, M.D., who is a board-certified physician in anesthesiology. (Yun Decl., Para.l) Dr. Yun opines that Dr.Le, at all times relevant in this case, met the requisite standard of care in the treatment of Plaintiff at Corona Regional Medical Center ("CRMC") and did not cause Plaintiff's injury. (Yun Decl., Para. 6.) Defendant Le has met his initial burden of proof on summary judgment by presenting expert evidence that his care and treatment me...

Excerpt: ...fendant is entitled to Plaintiffs mental health records for the last 5 years. However, Defendant is not entitled to Plaintiff's physical health records from SAC to see if she suffered an injury that might result in emotional distress. Defendant has not shown why any preexisting emotional distress would not appear in Plaintiff's mental health records. Nor has Defendant performed less intrusive forms of discovery to determine whether Plaintiff suff...

Excerpt: ...dditional early termination rights. The key event and condition precedent to Defendant Organic Page 3 of 3 Roots' right to cancel is Plaintiff's receipt of Organic Roots' gross sales statement for the fifth year of the lease. (Cook Decl., Ex.4, Section 6(f).) Organic Roots did not, and cannot, provide Plaintiff with a gross sales statement for the fifth year of the Lease prior to delivering its early termination notice, as it did not stay open fo...

Excerpt: ... and through her Guardian Ad Litem, Raul Soto and Raul Soto, individually. To prevail on summary judgment, the defendants must demonstrate that the entire achon has no merit. (CCPS 437c(a)(1); Cox v. State of California (1970) 3 Cal.App.3d 301.) Individual causes of action must be attacked by way of summary adjudication. (CCPS 437(f).) Here, the Sotos have not requested alternative relief by way of summary adjudication of all the issues, since th...

Excerpt: ...se to the request for admissions that it does not have a signed personal guarantee, (3) Plaintiff has no guarantee document that satisfies the Statute of Frauds, (4) the lack of a personal guarantee renders breach or repudiation of the lease contract impossible, and (5) there is no actual controversy regarding the interpretation of Paragraph 6(f) of the lease for the declaratory relief cause of action. Plaintiff fails to establish the existence o...

Excerpt: ...ow there are no triable issues of material fact regarding punitive or exemplary damages. The "facts" submitted by Defendants are limited to the contents of Plaintiff's First Amended Complaint (FAC). No other "facts" were submitted by Defendants in support of their motion. Plaintiff's MSA is essentially an attack on the sufficiency of the pleadings. "[lln preparing and ruling upon motions for summary adjudication, under Code of Civil Procedure sec...

Excerpt: ... hiring cause of action, however, the court finds that Plaintiffs' claims have been sufficiently alleged. Plaintiffs' allege that they were employed by DPSS, that DPSS hired Absolute Security to ensure the safety and security of Plaintiffs and the occupants of the Welcome Center, that a physical altercation ensued between the foster children, that Absolute Security failed to provide the presence of security guards at the time of the incident, and...

Excerpt: ...ngs this action against the manufacturer of the vehicle FCA US, LLC("FCA") and the servicer of the vehicle, Moss Bros. Chrysler Dodge Jeep Ram ("Moss Bros.") Both Defendants bring identical Motions to Compel Arbitration under the Retail Installment Sales Contract("RlSC") signed by Plaintiff and non-party Surf City. The only parties to the RISC are Plaintiff and the non-party dealer, Surf City. Neither FCA nor Moss Bros. is or claims to be an empl...

Excerpt: ...cause for the discipline, but not for termination. (AR 867—869.) B. Writ Petiton On June 24, 2022, the County filed the instant Petition, asking the Court to set aside the Hearing Officer's decision and uphold Respondent's termination from his employment with the Department. According to the County, the Hearing Officer's decision was based, in part, upon the incorrect conclusion that Respondent was not a sworn peace officer (i.e„ Deputy Sheri...

Excerpt: ... (1996) 45 Cal.App.4th 55, the court defined harassment and noted "[m]aking a personnel decision is conduct of a type fundamentally different from the type of conduct that consttutes harassment." (ld. at 64.) Making personnel decisions is an unavoidable part of being a supervisor, but conduct like derogatory slurs or engaging in unwanted sexual advances is not necessary as a supervisor and would constitute harassment. (Ibid.) Here, Plaintiff alle...

Excerpt: ...Defendants. The Statutory Scheme Education Code SS and 24502 set forth CalSTRS statutory rights to assert a subrogation claim against a tortfeasor when a member is injured by the tortfeasor, and as a result of those injuries, the member is approved for CalSTRS disability benefits. There is nothing in Education Code S 24502 that limits the application of Chapter 5 of Part 1 of Division 4 of the Labor Code to a direct claim of subrogation against t...

Excerpt: ...Defendants. The Statutory Scheme Education Code SS and 24502 set forth CalSTRS statutory rights to assert a subrogation claim against a tortfeasor when a member is injured by the tortfeasor, and as a result of those injuries, the member is approved for CalSTRS disability benefits. There is nothing in Education Code S 24502 that limits the application of Chapter 5 of Part 1 of Division 4 of the Labor Code to a direct claim of subrogation against t...

Excerpt: ...v. Pro. S 1094.5. Administrative mandate are used to review actions or decisions of an administrative body or officer acting in a judicial capacity. (Temescal Water Co. v. Dept. of Public Works (1955) 44 Cal.2d 90, 101.) An administrative writ may be issued to inquire into the validity of any final administrative order or decision made as the result of a proceeding where a hearing is required to be given and evidence is required to be taken. (Cal...