Excerpt: ... food product. (Complaint, Para. 17). Plaintiff also mixes in elements of a negligence claim along with his product liability claim, e.g., Defendant “owed a duty to Plaintiff as a consumer of defendants' products to warn Plaintiff that said products were dangerous, contaminated, unsafe and unfit for consumption.” (Complaint Para.17.) The Complaint is uncertain and unintelligible. SUSTAIN Second Cause of Action Plaintiff combines claims of str...

Excerpt: ...) a dangerous condition of public property; (2) a proximate causal connection between the condition and the injury sustained; (3) a reasonably foreseeable risk that the kind of injury that occurred would result from the dangerous condition; and (4) the entity either created the condition, or had actual notice or constructive notice of its existence, and there was sufficient time before the injury for it to have taken remedial action. (Gov. Code �...

Excerpt: ...duct. LLR contends that Providence lacks standing to prosecute this action because its assets, including its interest in this litigation, were foreclosed upon by its lender, East West Bank, which then sold the assets to Cresden, LLC. The court finds that Providence has standing and that this action can go forward under the Providence name pursuant to CCP § 368.5. A motion for summary adjudication shall be granted only if it completely disposes o...

Excerpt: ...ile Club of Southern California (2020) 59 Cal.App.5th 694, 704; Parkview Villas Assn., Inc v. State Farm Fire & Casualty Co. (2005) 133 Cal.App.4th 1197, 1214. Failure to comply with the separate statement requirement constitutes ground for denial of the motion. C.C.P. § 437c(b)(1). “To ensure that the opposing party has notice of the factual issues in dispute and an opportunity to present the evidence needed to defeat the motion, the statute ...

Excerpt: ...demonstrating that their care and treatment of Plaintiff was within the standard of care and did not cause Plaintiff injury. The opinions by Dr. Morgan that Plaintiff was not sexually assaulted, and his opinions regarding what the premise of the CDPH report was, are objectionable and improper. Whether the actions and touching by Ryan and Jesus amount to sexual assault are factual issues within the province of the fact finder. Any opinion regardin...

Excerpt: ...he factual findings made below. It does not weigh the evidence presented by both parties to determine whose position is favored by a preponderance. Instead, it determines whether the evidence the prevailing party presented was substantial – or, as it is often put, whether any rational finder of fact could have made the finding that was made below. If so, the decision must stand.” (Sweeney, supra, 61 Cal.App.5th at 1130.) II. Substantial Evide...

Excerpt: ... 14 Cal.App.4th 1692, 1718; Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 608‐610.) In the absence of a fiduciary relationship, a duty to disclose can arise only under the circumstances described in Warner Constr. Corp. v. L.A. (1970) 2 Cal.3d 285, 294, but all of these circumstances presuppose the existence of some transactional relationship between the plaintiff and the defendant from which a duty to disclose can arise, such as the rel...

Excerpt: ...material fact remain as to whether the “friendly foreclosure” and transfer of assets was done for the purpose of avoiding liability on the selling entities' debts after the application of the “badges of fraud” analysis under the Uniform Voidable Transfers Act (UVTA).(MSA Issues 1 through 6). There are also triable issues as to the claims under the UVTA based on the same factors.(MSA Issues 7 and 8). Factual / Procedural Context: This case...

Excerpt: ... issuance of TSB's, complaints by other purchasers of the same make, model and year automobile, and complaints of similar defects) may be relevant in a Song—Beverly Act case, (See Doppes v. Bentley Motors Inc. (2009) 174 Cal.App.4th 967, 976‐977,n.2; Donlen v. Ford Motor Company (2013) 217 Cal.App.4th 138, 154) or may be probative of the manufacturer's willful violation of CC § 1794(c). (A violation is willful if the manufacturer knew of its...

Excerpt: ...arland, dated March 16,2022, stating that the electrical cabinets that the decedent had been working on or around had been damaged in a lawnmower accident, requiring that the cabinet unit be rebuilt, and further alleging that the rebuilt unit had not been certified or inspected for safety, and further alleging that this fact had not been disclosed to Amtek prior to the start of work on the Garretson Blend Station. The court has read and considere...

Excerpt: ...d, and OVERRULE the remaining objections. SUSTAIN Defendants' evidentiary objection 8, and OVERRULE as to the remaining objections. GRANT Motion for Summary Judgment The First and Second Causes of Action are Untimely The parties agree that the first and second causes of action are subject to the five‐year statute of limitations set forth in CCP § 336(b), which provides in relevant part: Page 3 of 6 An action for violation of a restriction, as ...

Excerpt: ..., when two state courts have concurrent jurisdiction over the same parties and subject matter, the first to assume jurisdiction has exclusive and continuing jurisdiction over the subject matter and parties until the matter is resolved. (Plant Insulation Co. v. Fiberboard Corp. (1990) 224 Cal.App.3d 781, 786‐787; Franklin & Franklin v. 7‐ Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175.) The exclusive concurrent jurisdictio...

Excerpt: ...ntent to condemn or by other unreasonable conduct prior to condemnation; and (2) as a result of such action the property in question suffered a diminution in market value.” (Klopping v. City of Whittier (1972) 8 Cal.3d 39, 52; see also Dryden Oaks, LLC v. San Diego County Regional Airport Authority (2017) 16 Cal.App.5th 383, 404; City of Escondido v. Pacific Harmony Grove Development, LLC (2021) 68 Cal.App.5th 213, 237‐38.) An owner's claim f...

Excerpt: ...� Complaint. SUSTAIN the Demurrer, with 30 days leave to amend, as to all causes of action alleged in the Cross‐Complaint for failure to state facts sufficient to constitute a cause of action. The original deal between buyer and seller was consummated, therefor the allegations do not support a damages element of Four Sisters' causes of action under the first, second, and fourth causes of action for breach of fiduciary duty, constructive fraud, ...

Excerpt: ...Officer's Sworn Statement fails to identify the exact time Officer Navarro observed the symptoms of intoxication, the hearing officer is entitled to draw inferences and deductions from the facts. Respondent correctly asserts that it is reasonable to infer that the observation occurred sometime after the traffic stop at 1:16am and before petitioner's arrest at 1:25am, nine minutes after the stop. It would be illogical and unreasonable to conclude ...

Excerpt: ...y for lack of foundation, speculative and improper perception, and (3) Declaration of Arif Qadri in its entirety for lack of foundation, speculative and improper perception . Defendant's Objections to the evidence are Overruled as not material to the court's determination herein. Plaintiff has presented sufficient evidence creating a triable issue of material fact as to the existence of a dangerous condition. In their depositions, both Yvonne and...

Excerpt: ...ovided by statute.” (See Creason v. Department of Health Services (1998) 18 Cal.4th 623, 630‐31.) Thus, in California, “all government tort liability must be based on statute.” (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785, n. 2; see also Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1183 [direct tort liability of public entities must be based on a specific statute].) Moreover, every fact e...

Excerpt: ...because the First Amended Complaint (FAC) does not allege specific facts, only legal conclusions. (FAC Paras. 67‐73.) For express contract, Plaintiff alleges only that there was an express oral contract that Plaintiff would not be terminated except for good cause. ( Id. at Para. 68.) This does not provide sufficient detail to state a claim. For breach of implied contract, Plaintiff alleges there was such a contract based upon “oral assurances...

Excerpt: ...is brought by plaintiffs against defendants Anuradha Sathya M.D. and Quality Care Family Practice. Plaintiff's request summary adjudication of Issue No. 1, that: “Defendant Dr. Sathya's proscribing of a 90‐day supply of Lexapro/Escitalopram was below the applicable standard of care.” Under CCP §437(c)(f)(1): A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a cla...

Excerpt: ...he City's demurrer to the 4th cause of action for dangerous condition of public property was sustained, without leave to amend. (3/9/22 Notice of Ruling.) The deadline to file this motion was extended by five days under CCP §1013 for service by mail so, the deadline was extended to 3/24/22. This motion was filed on 3/18/22 – 9 days after the notice of ruling. Thus, the motion was timely. The City argues that the motion is untimely based on the...

Excerpt: ...ecial motion to strike. CCP § 425.16(b)(1). The critical issue is whether the plaintiff's causes of action are based on an act in furtherance of the defendant's right of petition or free speech. City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78. Once the defendant makes such a prima facie showing, the burden then shifts to the plaintiff to establish a “probability” that it will prevail on whatever claims are asserted against the moving defe...

Excerpt: ...on (failure to accommodate and failure to engage in the interactive process). The court will treat the MSJ/MSA as a Motion for Judgment on the Pleadings as to the second cause of action (for discrimination on the basis of engagement in protected activity) and GRANT the Motion without leave to amend, as this cause of action is duplicative of the first and sixth causes of action. Page 3 of 4 First Cause of Action for Disability Discrimination Defen...

Excerpt: ...iverside from the dangers related to the property until the action was filed. Defendant has presented no evidence that a resolution had been achieved prior to litigation or that abatement had been completed prior to litigation. Attorney's Fees While the Declaration of Attorney Mary Hanna sets forth a statement of charges in Exhibit “A”, the claimed time expended is not connected to the nature of the tasks as outlined on the second page of Exh...

Excerpt: ...oticed is not relevant to the court's determination.(See Mangini v. R.J.Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) SSM's contention that the documents sought are protected trade secrets or subject to Civil Code § 3295 are without merit. The party claiming the trade secret privilege has the initial burden of establishing the existence of a protected trade secret. Here, SSM has failed to provide a privilege log in support of it's objection...

Excerpt: ...subject to the Privette Rule (articulated in Privette v. Superior Court (1993) 5 Cal.4th 689, 693‐696 (Privette)), which precludes an action against a hirer of an independent contractor for liability over injuries sustained by the contractor's employee. The City argues that Privette Rule applies to a claim filed pursuant to section 835, and hence Plaintiffs have no viable claim under this section because, as the City has previously argued on Fe...