Excerpt: ...herently dangerous about the stairway and Plaintiff tripped merely because it was dark outside. Failure to provide adequate lighting may create a dangerous condition on property. Defendants have not produced any evidence that the subject stairway was adequately lit. The only evidence offered by Defendant, Plaintiff's special interrogatory responses, indicate that the lights in the stairway were not working. (Exh. B, Response No.1) Defendants have...

Excerpt: ...need not prove those facts at the pleading stage. Plaintiff complaint is adequate because it apprises the defendant of the factual basis of the complaint. On the second cause of action, Plaintiffs have alleged several theories as a basis for liability. Defendant only challenges the Peculiar Risk doctrine in its Demurrer. A Demurrer does not lie as to only parts of a cause of action; it must address the entire cause of action. Plaintiff has allege...

Excerpt: ...ed Complaint. Plaintiff has not waived his right to object to the Answer's lack of verification as there has been no trial on the merits yet. Plaintiff must still establish that the Complaint states a sufficient claim upon which Judgment on the Pleadings can be rendered, in addition to showing that the Answer is defective. Here, Plaintiff only brings the motion on the first cause of action, for enforcement of an on ‐ the‐record settlement agr...

Excerpt: ..., resulting in over 1 million dollars in damages. CVWD brings this Motion for Summary Judgment/Adjudication, arguing that an express written release, executed by the County in favor of CVWD, operates as a complete defense to County's claims against CVWD. County argues that the hold harmless clause at issue is conditional on CVWD consulting with the County prior to the work on the channel being performed and that no consultation took place. Paragr...

Excerpt: ...Para. 13), amounts to a judicial admission that cannot now be contradicted. When an employer lends an employee to another employer and relinquishes to the borrowing employer some right of control over the employee's activities, a “special employment relationship” arises between the borrowing employer and the employee. Caso v. Nimrod Productions, Inc. (2008) 163 Cal. App. 4th 881, 888. If a special employment relationship exists, the employee ...

Excerpt: ...Murphy and the “Maxim Defendants”. MVUSD correctly asserts that Murphy has not provided any evidence of Plaintiff's total damages; the allocation of settlement proceeds among plaintiffs; or the financial condition/insurance policy limits of the settling Defendants per Tech‐Bilt. Neither the Application nor the Oppositions discuss Murphy's (or Maxim's) proportionate share of liability. Her reliance on MICRA caps is misplaced as the cap on no...

Excerpt: ...o not aid in the resolution of the demurrer or motion to strike. Plaintiff's Request for Judicial Notice is granted as to the Kohler v. Presidio Int'l, Inc. (C.D. Cal. 2016) 782 F.3d 1064 case and the Stipulation for Dismissal filed in the Federal Action; otherwise, denied as duplicative of Defendant's request for judicial notice. Demurrer is Overruled on the grounds of uncertainty. Demurrer is Sustained without Leave to Amend as to Irene Mitsos,...

Excerpt: ...ludes watching a baseball game at the university campus. Defendant has not met its initial burden of showing that the undisputed facts support each element of this affirmative defense. There is no question that being struck by a foul ball is an inherent risk of watching a baseball game, and that primary assumption of the risk bars claims for injuries common to baseball. While there is generally no duty to protect plaintiff from risks inherent in ...

Excerpt: ...not that the plaintiff will obtain judgment against the defendant on that claim.” CCP § 481.190. There is no dispute that cross‐defendants entered into a Commercial Lease and Personal Guaranty, and that rent and other charges are due and owing. Unless Plaintiffs can show that the loan evidenced by the Baker Note was repaid or somehow forgave the obligations of other parties to the lease (by Novation, for example), the rent is still due by th...

Excerpt: ... Equitable Indemnity. The Court overrules the demurrer as to the fifth cause of action for Declaratory Relief. The Motion to Strike is denied. With respect to the evidentiary objections, the Court declines to rule on these objections as they were immaterial to the Court's analysis. Requests for Judicial Notice: The Court grants judicial notice as to Ex. D. As to Exs. E‐F, the Court grants judicial notice only to the extent these records exists ...

Excerpt: ...) The Court declines to rule on the request for judicial notice as those documents were not material to this ruling. Factual / Procedural Context: Plaintiff Taimara Coleman was hired by Defendant California Department of Corrections in December 2016 as a laboratory assistant, and later worked as a correctional supervisor cook. On January 15, 2018, Defendant Danny Walston, a corrections officer, was working with Plaintiff in the “Alpha 5 kitchen...

Excerpt: ...the motion; the motion was filed as soon as reasonably practicable after completing discovery (“but not more than two years after commencement of the action); and, defendant will not suffer surprise or prejudice by any shortened time period. (Id. at 1645.) (emphasis added.) Page 4 of 12 The Court sustains the demurrer to the 4th cause of action with 30 days leave to amend. FACTUAL / PROCEDURAL CONTEXT Decedent William Wick was 69 years old at t...

Excerpt: ...lody Pascale (“Plaintiff”) purchased a 2016 Kia Sorento vehicle on 4/17/15. The vehicle was manufactured by defendant Kia Motors America, Inc. (“Defendant”). Plaintiff alleges the subject vehicle came equipped with Defendant's 2.4‐liter Turbo GDI engine and that Defendant failed to disclose that it knew that vehicles equipped with the engine, “including the 2018 Kia Sorento contained one or more design and/or manufacturing defects in ...

Excerpt: ...RCRMC for depression. Her parents, Plaintiffs Stephanie Patton and Kendrick Knighten allege she was misdiagnosed and overprescribed medication while she was under the care of several of the Defendants. They allege that on 3/23/16, Defendants, Dr. Patel and Dr. Tang began treating Kennadi with a new medication, Lexapro, which can have serious side effects, including worsening symptoms of depression and suicidal ideation. Defendants, Dr. Sathya and...

Excerpt: ...ed for some purpose other than to prove the truth of the matter asserted, such as for impeachment of the declarant (Evid. Code Section 1200(a).) The court declines to rule on Objections Nos. 1‐9, 11 and 12, as these objections are immaterial to the court's ruling under Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 and CCP § 437c(q). A defendant moving for summary judgment has the burden of showing that a cause of action cannot be established...

Excerpt: ...by finding that Amal Zaky was a party to the purchase and sale agreement; not that he exceeded his authority. This is not a proper grounds to modify or correct the arbitration award. With respect to Defendants refusal to mediate, the arbitrator found that there had been no mediation offer properly made to Wafick Zaky or Amal Y. Zaky in his decision to grant attorney's fees. Again, Plaintiff's argument is not that the arbitrator exceeded his power...

Excerpt: ...e no allegations in the Complaint that CBU was aware of Ro's violent tendencies. There are no factual allegations that indicate that CBU failed to act once the attack took place. With respect to the Negligent Supervision cause of action, there are no allegations that CBU employees acted wrongfully or caused harm to Plaintiff. There are no allegations that employing a certain employee created a risk or hazard to Plaintiff. ...

Excerpt: ...d on the asserted errors or omissions of the attorney. A prior adjudication, judgment or settlement is not a necessary precursor to “actual injury”. Based on the facts alleged, Plaintiff sustained an actual injury by November 2016 when Wayne Dixon filed the Underlying Petition seeking to invalidate the 2016 Trust. As a result of Defendant's alleged negligence in failing to ascertain Ronald Dixon's mental capacity by communicating with him alo...

Excerpt: ...nstrate jurisdiction. With respect to Defendant Jeffries Financial Group, Inc., a New York corporation, the simple fact that Jeffries may have an ownership interest in an LLC or corporation which owns the dealership in not sufficient to confer jurisdiction. Plaintiff fails to demonstrate how either Defendant has a continuous and systematic affiliation with California other than an ownership stake in another corporation that did. Specific jurisdic...

Excerpt: ...ct to be determined on a case by case basis. The key inquiry is the employee's authority to change or establish corporate policy. The Declarations of Davy Williams and Erik Calderon offered in this case are conclusory and do not satisfy Defendant's initial burden, they simply parrot the standard set forth in White v Ultramar and Davis v. Kiewit Pacific Co. The court finds that the declarations filed in support of the motion of Issues 1 and 2 are ...

Excerpt: ...e.” On its face, the statute applies retroactively, since the term “lifetime” can apply to something existing both before and after Measure J was adopted. Petitioner argues that Government Code § 36502 governs the scope of term limits for charter cities, such as Indian Wells, and 36502 provides that term limits may only apply prospectively. The City argues that it has the general authority under the California Constitution, Art.XI, sec. 5(...

Excerpt: ... the party must state they made a reasonable inquiry to obtain sufficient information. Plaintiff objects to certain terms as undefined, but these are common terms with ordinary dictionary meanings or common medical terminology. Request #10 is not compound as “immobile” and “unable to ambulate” are synonymous terms. If a request calls for Plaintiff to admit or deny a specific medical condition or diagnoses, the respondent is not relieved o...

Excerpt: ...apable of managing without assistance. Plaintiff's First Cause of Action contains only vague allegations of this relationship. The Court cannot ascertain what type of relationship Plaintiff and Dr. Young had, whether the relationship is one of caretaker‐patient, how often Plaintiff saw Young, whether Young visited Plaintiff at her care facility, whether Young provided Plaintiff care on an outpatient basis or whether Young worked as a physician ...

Excerpt: ...cted class and CDCR's actions, instead focusing on the officer's conduct as the discriminatory action. For Whistleblower Retaliation, Plaintiff has failed to exhaust administrative remedies since her pre‐litigation claim does not apprise CDCR of CDCR's alleged unlawful actions. For Harassment and Failure to Prevent Harassment, there are no allegations that CDCR knew or should have known about the harassment, and since the underlying claim fails...

Excerpt: ...nies and one named company (Dart Container Corporation) and its owners (including but not limited to Kenneth B. Dart and Robert C. Dart). The release should be limited to the Defendant together with its officers, directors, employees, and agents, successors and assigns. If any other parties are sought to be released, the motion and Settlement should explain the facts that justify their inclusion. • The Settlement contemplates using Simpluris, I...