Excerpt: ... as moot. Page 4 of 7 SUMMARY OF MATTER In this action, Plaintiff alleged Defendant Akmakjian along with other family members and the Riverside Community Hospital committed causes of action stemming from the death of Plaintiff's father. Essentially, Plaintiff alleged that sometime in January of 2017, Decedent, age 90, caught a flu at home, which was treated with cough syrup. (¶ 13.) On February 6, 2017, he was admitted to Riverside Community Hos...

Excerpt: ...(“AQuality”) collided with a vehicle in which Plaintiff Leann Bibbie (“Plaintiff”) was a passenger. Plaintiff sustained severe injuries and property damage. Plaintiff filed her Complaint on June 24, 2017. She asserts two causes of action for: (1) Motor Vehicle; and (2) General Negligence. A jury trial was held April 4, 2019. Prior to the trial, Plaintiff sent Postulka an offer to compromise for $249,999.00 pursuant to Cal. Code Civ. Pro. ...

Excerpt: ...f cannot establish that she was able to perform the essential functions of her job. The burden shifted to Plaintiff, but Plaintiff failed to produce any evidence showing a triable issue of fact. 2 nd cause of action: Defendant met its initial burden showing it terminated Plaintiff based on the reasonable belief that the Plaintiff was permanently disabled from performing the job. The burden shifted to Plaintiff, but Plaintiff failed to produce any...

Excerpt: ...ent Consulting (“FMC”), he submitted a bid on a Caltrans Request for Proposal (RFP # 82A0033) for financial consulting services (and appears to have been the low bidder). FMC was not awarded the public contract, and exhibits to the FAC indicate that Plaintiff made several challenges to Caltrans's decision. Plaintiff generally alleges that Caltrans failed to follow RFP Guidelines and violated Pub. Contract Code, §§ 10344 and 10345. The FAC a...

Excerpt: ...n the home, including an unpermitted room in the house and mold infestation, which Buyer discovered shortly after moving into the home. Buyer filed a claim with IVAMS, and arbitration proceeded before the Honorable L.A. Simmons, Judge (Ret.) (the “Arbitrator”) over the course of 9 days in November and December 2017. The Arbitrator found in favor of Buyer and against Seller in the amount of $299,056.76 plus costs (“Arbitrator's Award”). Th...

Excerpt: ...f Eva Pocklington (nos. 4, 5, 6, 7, 8, 10, 11, 14); declaration of Lantson Eldred (all). Almost every single paragraph starts with “Based upon my review of the papers prepared as part of this Motion, I am informed and believe and based on such information and belief assert ________” “Declarations based on information and belief are insufficient to satisfy the burden of either the moving or opposing party on a motion for summary judgment or ...

Excerpt: ...claiming personal injuries from a motor vehicle collision allegedly cause by Defendant, Michael Gray. A party seeking disclosure of law enforcement officer information must follow a two‐step process by first filing a motion (i.e. a Pitchess motion) that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and well as time and place of the hearing (Evid. Code, § 1043(b)...

Excerpt: ...tter how unlikely or improbable, a plaintiff's allegations must be accepted as true for the purpose of ruling on the demurrer. (Kerivan v. Title Insurance Co. (1983) 147 Cal. App. 2d 225, 229.) In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. B...

Excerpt: ... Construction Co. (1994) 24 Cal.App.4th 1426, 1444 (internal citations omitted).) The filing of a proof of service creates a rebuttable presumption that service was proper only if the proof of service complies with the applicable statutory requirements. (Floveyor International, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795.) A proof of service of summons must be filed pursuant to CCP §417.10 (in state defendants) or CCP §417.20 (out of ...