Excerpt: ...epted as true for the purpose of the Demurrer. Based on the allegations, Plaintiffs have stated sufficient facts to constitute a cause of action for concealment. As a result of the allegations, the cause of action falls within an exception to the economic loss rule. (Robinson v. Helicopter Co. Dana Corp. (2004) 34 Cal. 4th 979, 989 ‐ 990.) Page 2 of 2 Fifth cause of action for fraudulent inducement ‐ intentional misrepresentation: It is not c...

Excerpt: ...aused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either: (a) A negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or (b) The public entity had actual or constructive notice of the dangerous condition under Section 835.2 a sufficient time prior to the injur...

Excerpt: ...laim for damages are limited to the insurance coverage available, pursuant to Probate Code section 550, et. seq. and Plaintiff's failure to comply with Probate Code section 554 bars him from seeking recovery for any of his claims for damages in excess of insurance coverage available. The Court notes that Defendants admit that Plaintiff filed a creditor's claim in the probate action on 6/23/17. Therefore, Plaintiff complied with Probate Code § 55...

Excerpt: ...ed in the Notice of Motion. The five page Separate Statement does not satisfy requirement that each cause of action be separately identified and supported by material facts that are relevant to that cause of action. The purpose of the Separate Statement and opposing Separate Statement is to permit the Court to determine quickly whether the Motion is supported by sufficient undisputed facts. (St. Paul Mercury Ins. Co. v. Frontier Pac. Ins. Co. (20...

Excerpt: ...d Amended Complaint still currently alleges negligence. The Third Amended Complaint also alleges that Plaintiffs “regularly visited decedent during the time she was a resident at defendants' facilities, and thus were present during the injury‐producing events at or near the time they occurred and were then aware of these injury‐producing events and their effects ….” (Third Amended Complaint, ¶32.) However, no specific Plaintiff alleges...

Excerpt: ...ent places, during different times with different witnesses. Paragraph 42 does not tie these claims together because it does not allege any specific policy or procedure which was not properly implemented as to each Plaintiff nor does it show that deliberate acts of any of Defendant's employees caused common breaches of law resulting in each of the Plaintiffs' claims. There may be facts regarding the newly alleged policies and procedures of paragr...

Excerpt: ...t Defendant Medina for conduct unrelated to sexual harassment will in any way help her to prove her claims. Plaintiff has shown good cause for portions of Defendant Medina's personnel file. The Court requires that the following documents be produced at am in camera review hearing: 1. Any and all documents relating to the alleged sexual assault incident, including the complaint, the investigation(s) and results of the investigation(s); 2. Any othe...

Excerpt: ...he rights and duties of the parties under the contract. The Demurrer to the fourth and fifth causes of action is sustained because plaintiff fails to plead facts necessary to avoid the statute of frauds and the “Repurchase Agreement” attached to the complaint fails to satisfy the statute of frauds since it is not signed by the party to be charged. ...

Excerpt: ...y penalties are not the same as punitive damages. Punitive damages are governed by Civil Code §3294, which sets forth different standards and requirements than those set forth in Public Utilities Code §7951. Hence, any requirements in Civil Code §3294 that are not specifically required in Public Utilities Code §7951 or under case law specifically pertaining to Public Utilities Code §7951, do not apply to the third cause of action. The wrongf...

Excerpt: ...sponsive documents have now been produced. Hence, the motion is moot as to these responses. RFP Nos. 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 31: Landscape is Ordered to produce responsive documents. If Landscape contends that some responsive documents are protected by attorney‐client privilege or the work product doctrine, it must produce a privilege log. Page 2 of 3 RFP Nos. 26, 27, 28, 30, 32, 33, 34, 38, 39, 40 an...

Excerpt: ... expert opinion, attorney‐client or attorney work product privilege, burdensome or invasion of privacy. 4. RIC1702898 BURTCH VS EMPIRECARE HEALTH ASSOCIATES INC MOTION TO/FOR COMPEL FURTHER RESPONSES TO REQUEST FOR ADMISSIONS AND FORM INTERROGATORY BY BARBARA BURTCH Tentative Ruling: Request for admissions nos. 1, 2, 3, 4, 6, 7, 10, 14, and 15: The terms “notice” and “notified” are not ambiguous terms. The existence of medical documents...

Excerpt: ...rivacy Protection Act (Ins. Code §791.01, et seq.) prohibits an insurance institution, agent, or insurance‐support organization from disclosing any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is in response to a facially valid administrative or judicial order, including a search warrant or subpoena. (Ins. Code §791.13(h.) The Act does not create...

Excerpt: ...ns to the Morgan Declaration are OVERRULED as to numbers 1 ‐ 9. Defendants' evidentiary objections to the Young Declaration are SUSTAINED as to numbers 1, 5, 7 ‐ 9 and OVERRULED as to numbers 2 ‐ 4 & 6. The Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication is GRANTED, IN PART, AND DENIED, IN PART, as follows: 1 st cause of action (sexual harassment). GRANTED. Defendants met their initial burden that the alleged sexu...

Excerpt: ...orney fees and costs in an interpleader action.” (Tri‐State, Inc. v. Long Beach Community College Dist. (2012) 204 Cal.App.4th 224, 232. Suit against public entity to enforce stop notice.) Civil Code §9506 specifically permits interpleader. Defendants contend that there are no other conflicting claimants as a matter of law. However, it provides no judicial notice of any documents demonstrating that. In a demurrer proceeding, the defects must...

Excerpt: ...atories, Requests for Production of Documents, and Requests for Admission (all set one) on or before March 28, 2018 and to pay sanctions in the total amount of $5,035.00 to defendant Alfa Business within 30 days of the Orders. Plaintiffs failed to comply with the three Orders, at all, which necessitated the filing of the subject motion by defendant Alfa Business. (Plaintiffs argued that they did produce some documents to defendant Alfa Business b...

Excerpt: ... Additionally, Plaintiffs did not properly plead the punitive damages claim against a corporate defendant. Civil Code Section 3294(b) sets forth the circumstances under which an employer may be held liable for punitive damages based upon acts of an employee. They include the employer's (1) advance knowledge of the employee's unfitness; (2) authorization or ratification of the wrongful conduct; and (3) personal culpability. (See Grieves v. Superio...

Excerpt: ... 634, 653.) Harbor Ventures, LLC v. Morris Cerullo World Evangilism (2018) 4 Cal.5th 637 is not applicable to this case. Plaintiff argued in his Opposition to Defendants' Motion for Judgment on the Pleadings that his emotional distress causes of action are based on conduct by Defendants that extended “well beyond simply terminating Plaintiff's employment.” As Plaintiff alleged in the Complaint, “Defendant's false allegations of the crime we...

Excerpt: ...$6,510.00. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) ...

Excerpt: ...ns were tendered.” (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73.) A plaintiff must allege what was said, by whom, in what manner (i.e., oral or in writing), when, and, in the case of a corporate defendant, under what authority to bind the corporation. (Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782.) The first cause of action for violation of B&P Codes is based on the alleged fraud. ...

Excerpt: ... or a Request for Judicial Notice. Defendant Banning Library District: The Demurrer is sustained as to the 8th cause of action with 30 days leave to amend. Plaintiff failed to plead compliance with FEHA claims presentation requirements. It is sustained as to the 9th and 10th causes of action without leave to amend. Defendant Rodriguez: The Demurrer is sustained as to the 8th cause of action with 30 days leave to amend. Plaintiff failed to plead c...

Excerpt: ...aining Order was in place. Hence, Plaintiff County of Riverside established the operation of a cannabis business at the subject property, in violation of Riverside County Ordinance numbers 348 and 725. Operating or allowing the operation of a cannabis business or a marijuana dispensary is an illegal use of the subject property under the Riverside County Ordinance. The proposed Preliminary Injunction prohibits defendants from operating or allowing...

Excerpt: ...ties regarding new service of the Summons, Complaint, etc., on Defendant. In that event, no personal appearances will be necessary at the hearing. The Court does not rule on whether service was proper. It finds that Defendant is entitled to relief under CCP §473.5. Service of the summons on Defendant, if any, did not result in actual notice to Defendant in time to defend the action. Moreover, the Judgment is void. Plaintiffs served the Statement...

Excerpt: ...ng waste or any other exceptional circumstance demonstrating a receivership is warranted in this case. Receivers may be used only where authorized by statute or where necessary to preserve the property rights of any party. (Miller v. Oliver (1917) 174 Cal. 407, 410; Turner v. Super. Ct. (Cooke) (1977) 72 Cal.App.3d 804, 811.) The burden is on the moving party to present evidence showing facts establishing one of the statutory grounds for receiver...

Excerpt: ...d must be based on a showing of mistake, inadvertence, surprise or excusable neglect. (Id.) The problem is that defense counsel is not taking the blame—he instead blames Plaintiff for bad faith tactics during settlement negotiations. Nor does Defendant provide a declaration from Defendant as to why it did not forward the complaint to its insurance carrier or failed to provide a response. However, Plaintiff did take default immediately without w...

Excerpt: ...element, the defendant must establish that plaintiff's claims fail as a matter of law. (Eriksson v. Nunnick (2011) 191 Cal.App.4th 826, 849.) To demonstrate that the plaintiff lacks evidence, the defendant must show that the plaintiff does not possess and cannot reasonably obtain needed evidence. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 855.) A defendant may not simply point to an absence of evidence, but must show that the p...