Excerpt: ...hat “one might reasonably conclude that a 24‐hour health facility…or a residential care facility for the elderly… could have the ‘care or custody' of an elder.” (Id. at 165.) Welfare & Institutions Code section 15610.17 defines “care custodian” as “an administrator or employee of…twenty‐four‐hour health facilities.” A caretaker or care custodian is someone who has “accepted responsibility for attending to the basic nee...

Excerpt: ...vacated. Any party may use Riverside Superior Court Local Form RI‐CI024 to request that this case be restored to Active Status. “Under both federal and California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (Armendariz v. Foundation Health Psychcare Services (2000) 24 Cal.4th 83, 98 (Armendariz).) Similar to California law, any ...

Excerpt: ...e of action is sustained without leave to amend. The cause of action is based solely upon the breach of a contractual promise. (The Court notes that Western Pacific makes no argument in opposition to the contention that the negligence cause of action is barred by the economic loss rule.) City Ventures is Ordered to file and serve an Answer to the First Amended Complaint within 20 days. BREACH OF CONTRACT Indemnity does not require a claim by a th...

Excerpt: ...ntirely different claims, addition of new parties, or a request for a different or greater remedy. (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) The amendment must be based on the same general set of facts. (Rocky Mountain Export Co. v. Colquitt (1960) 179 Cal.App.2d 204, 207; City of Stanton v. Cox (1989) 207 Cal.App.3d 1557, 1563.) This determination is entrusted to the Court's discretion, and an order allowing an amendment will not be r...

Excerpt: ...ants “breached their duties of care that were owed to Plaintiff.” (FAC ¶¶25‐26.) However, no facts to support these claims are alleged. Additionally, the FAC does not allege any facts that Defendant Yankee either owed Plaintiff Josiah Camp (“Plaintiff”) a duty as the former owner of the storage facility, or that Defendant Yankee breached any duty to Plaintiff. The FAC does not allege that Defendant Yankee was responsible for the condi...

Excerpt: ...n multiple occasions from the District to stop engaging in unprofessional behavior. Petitioner continued to do so, either because Petitioner Page 6 of 10 failed to recognize the District's expected standards or because he willfully disregarded those standards. Petitioner failed to meet his burden to convince the Court that the Commission's administrative findings and decision upholding the dismissal were contrary to the weight of the evidence so ...

Excerpt: ...st Commonwealth Partners LLC (“West Coast”) and Defendant Traditions Senior Management, Inc. (“Traditions”) is OVERRULED. Reche Canyon, West Coast, and Traditions (sometimes “Defendants”) are Ordered to file and serve Answers to the Fifth Amended Complaint (“5AC”) of plaintiffs Tim Brockus, Carie Brockus, and the Estate of John Brockus (collectively “Plaintiffs”) within 30 days. Defendants demur to the first and fourth causes ...

Excerpt: ...aintiffs waited over 13 years after purchasing the subject vehicle and more than 8 years after the end of the warranty period before filing suit. The statute of limitations for Plaintiffs' 1st, 3rd 4 th and 6th causes of action for common law intentional misrepresentation and concealment, and violation of CLRA is three years. (CCP § 338(d); Civil Code § 1783.) The statute of limitations for Plaintiffs' 2 nd cause of action, for negligent misrep...

Excerpt: ...int (“FAC”) and the City of Beaumont's First Amended Cross‐Complaint (“FAXC”) are SUSTAINED WITH 20 DAYS LEAVE TO AMEND. DOE/ROE Defendants' Request for Judicial Notice is granted as to the existence of the pleadings, but not as to the truth of the contents. Request for Judicial Notice DOE/ROE Defendants' Request for Judicial Notice is granted as to the existence of the pleadings but, not as to the truth of the contents. (Evidence Code ...

Excerpt: ... BRIGHT FUTURES ACADEMY, LLC (f.k.a. MOJAVE RIDGE ACADEMY).” Complaint, ¶2. Defendant Universal Health Services (“defendant Universal Health”) specially appears in order to move to quash the service of summons. Defendant Universal Health contends that it is a holding company incorporated in Delaware, with a principal place of business in Pennsylvania, with no presence in California, and thus no minimum contacts in this state. To the extent...

Excerpt: ...mend the Complaint and add any causes of action in a good faith belief they are based in fact. The fact that the cause of action was ultimately unsuccessful does not cause it to be unreasonable. This $90 fee is not stricken/taxed. The $180 for two ex parte applications to continue trial were solely to benefit Plaintiffs' counsel and accommodate his schedule. The $180 is stricken/taxed. The $90 filing fee for the Motion to Compel the deposition of...

Excerpt: ...ion is OTHERWISE DENIED on the ground that Plaintiff has failed to demonstrate a “plausible factual foundation” for discovery of any of the other officer's personnel records. (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1019). The Court Plaintiff and the City appear at the hearing of the Motion, telephonically and through counsel, to discuss the in camera review of responsive documents. The City's request for sanctions is DENIED. Meet a...

Excerpt: ...lying action”); 2) the Opinion issued by Court of Appeal, Fourth Appellate District, Division Two on 10/17/13 on the underlying action; and, 3) the Fifth Amended Complaint by Plaintiff and his spouse in the underlying case. (The Court notes that copies of the documents were attached as exhibits to the request for judicial notice filed by the County on 2/24/20, before federal, state, local, and court COVID‐ 19 related declarations and orders. ...

Excerpt: ...pecific Code of Civil Procedure section and subdivision, if any, in the Answer. Plaintiff's Request for Judicial Notice: Plaintiff requests judicial notice of Defendants' Answer to the Complaint. The Answer may be judicially noticed as a court record under Evid. Code §452(d). The request for judicial notice is granted. Defendants' Request for Judicial Notice: Although Defendants have not filed a separate request for judicial notice, in his decla...

Excerpt: ...Admission. Code of Civil Procedure section 2033.280 provides: “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:…(b) the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010 ). Sanctions are impos...

Excerpt: ... the court. (See Scruton v. Korean Air Lines Co. (1995) 39 Cal.App.4th 1596, 1604.) Until a petition for approval is presented to the court and granted, any settlement agreement is voidable by the minor or the minor's guardian ad litem (Id. at 1603, 1605.) On October 8, 2019, at the hearing on the petition to approve the minor's compromise, the Probate Court asked Plaintiff's why a settlement of $127,000 was reasonable and commented that this cas...

Excerpt: ... the July 20, 2020 hearing. The Court received a timely request for oral argument from defendant Secured Income Group I Inc. Defendant Secured Income Group appeared through counsel and plaintiff Padial. Both did so telephonically. An interpreter was not available and defendant Secured Income Group 1 Inc., began to argue that the hearing was moot because the sale of the subject property had already occurred. The hearing was continued to July 22, 2...

Excerpt: ...sider several factors in determining the reasonableness of a party's attorney's fees. These include "the nature of the litigation, the difficulty of the litigation, the attention given to the issues, the success of the attorney's efforts, and time consumed. [Citation omitted.]" (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) Although a fee request ordinarily should be documented in great detail, the Court is entitled to make its own e...

Excerpt: ...y of their authorized agents” may initiate the foreclosure process. The statute does not provide for a judicial action to determine whether the person initiating the foreclosure process is authorized to do so. (Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1156.) The Complaint alleges Defendants failed to comply with Civ. Code §2924 because the Notice of Default is void or avoidable as the purported beneficiary was not the...

Excerpt: ...entered against him. On July 27, 2019, Defendant was personally served with the summons and complaint filed in this case. (Motion, Exh. B.) Upon Plaintiff's filing of a Request for Entry of Default and Court Judgment, default was entered against Defendant on September 11, 2019. Judgment was entered on December 24, 2019. On February 04, 2020, Defendant filed the instant Motion to set aside the default judgment entered against him to be heard on Ap...

Excerpt: ...ted by Plaintiff Francisco Padial (“Plaintiff”) to enjoin Defendant Secured Income Group (“Defendant”) and its officers, employees and agents from any action in furtherance of foreclosing on the subject Hayden Avenue property (the “Property”) before any final judgment, dismissal, or other disposition in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Prelimin...

Excerpt: ...e second mortgage debt was discharged through the bankruptcy proceedings. In July 2019, Plaintiffs were contacted by Specialized Loan Servicing, LLC (“SLS”) and were informed that they could apply for available foreclosure alternative. Plaintiffs submitted the requested documents to apply for said alternative. On July 27, 2019, SLS informed Plaintiffs that due to their income, they did not qualify for a foreclosure alternative. Plaintiffs ask...

Excerpt: ...rguing that the cause of action combines an oral and written contract so he cannot determine whether the claim against him is oral or written. A judgment on the pleadings is limited in scope to two grounds: the court does not have jurisdiction; and, the complaint fails to state facts sufficient to constitute a cause of action. Section 430.10(g), relied upon by Defendant is not a proper challenge to the complaint on a motion for judgment on the pl...

Excerpt: ...luntary dissolution of Allen & Durrant Corp. The case arises out of the joint operation of Allen & Durrant Corp. by Plaintiff Durrant and Defendant Sipera. On 9/5/19 the court signed an order, based on the stipulation of all parties, ordering the parties to binding arbitration and staying these proceedings. However, the parties never arbitrated their claims, but rather informally attempted to resolve Plaintiff's claims. The parties entered into a...

Excerpt: ...Code of Civil Procedure section 425.16. In addition to relying on the declaration of Defendants' attorney Erika Peterson (“attorney Peterson”), the Court reviewed the legal work performed. The Court finds that the 69.6 attorney hours claimed for the preparation and prosecution the anti‐SLAPP motion is reasonable in this highly contentious case between family members. The Court reduces the attorney hourly rate from $550 to $450. Defendants a...