Excerpt: ...2009) 174 Cal.App.4th 967, 992.) The court should impose terminating sanctions only when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1976) 84 Cal.App.3d 771, 796.) Here, the evidence submitted in support of the motion falls short of that standard. However, the court warns Defendant that if Defendant continues to disobey the court's orders, the court will consider money sanctions, evidence sanctions, issue sanctions, and...

Excerpt: ...eq. It is impossible to tell whether Defendant is complying (in whole or in part) or objecting (in whole or in part). In responding to RFP 30‐31, Defendant responds it is unaware of videos or photographs that pertain to communications between Plaintiff N.S. and Thompson. These responses are not code‐ Page 2 of 2 compliant. If Defendant claims an inability to comply in whole or in part, it must state that it has made a diligent search and reas...

Excerpt: ...ancials and the contents of the San Gorgonio Memorial Hospital website printouts. Page 3 of 3 (Ragland v. U.S. Bank National Association (2012) 209 Cal.App.4th 182, 193.) The court denies the request for judicial notice that Defendants raised in their reply. For Defendant San Gorgonio Memorial Healthcare District (District), the court sustains the demurrer to the tenth cause of action without leave to amend unless Plaintiff can articulate why the...

Excerpt: ...s Cox (Deputy Cox) pursued a criminal suspect who was fleeing on a motorcycle. During the pursuit, Deputy Cox struck Plaintiffs' car and Plaintiffs sustained injuries. The fleeing motorcyclist was not involved in the collision. Defendant County of Riverside is a public entity that employs Deputy Cox. The court finds that County of Riverside and City of San Jacinto (Entity Defendants) are not immune as a matter of law. Vehicle Code section 17001 m...

Excerpt: ...blems, including, but not limited to, dangerous sexually predatory, and unfit behavior which required STUDENTS to be properly supervised at all times” As a result of their placements at BRIGHT FUTURES, STUDENTS had information within their IEPs that contained extensive reviews and reports of such dangerous sexually predatory, and unfit behavior which required STUDENTS to be properly supervised at all times. (FAC, ¶¶ 20, 21; see also FAC, ¶ 5...

Excerpt: ... Corp. (2004) 34 Cal.4th 979 (Robinson).) Robinson's exception to the economic loss rule is narrow and covers a defendant's affirmative misrepresentations on which a plaintiff relies and which expose a plaintiff to liability for personal damages independent of the plaintiff's economic loss. (Robinson, supra, 34 Cal.4th, at p. 993.) In addition, “[i]n California, fraud must be pled specifically; general and conclusory allegations do not suffice....

Excerpt: ...t rules on Plaintiff's objections as follows: 1. Declaration of Jason R. Dawson, Paragraph 4, Page 2, lines 16 to 19, sustained as to foundation, hearsay, speculation. 2. Declaration of Eluterio Torres, Paragraph 3, Page 2, lines 9 to 15, sustained as to relevance. 3. Declaration of David Stewart, Paragraph 1, Page 2, lines 2 to 4, overruled. 4. Paragraph 3, Page 2, lines 9 to 10, overruled. 5. Paragraph 4, Page 2, lines 11 to 12, overruled. 6. P...

Excerpt: ...ver reasonable attorney's fees and costs. The issue is what the reasonable amount of attorney fees is. The court has broad discretion and wide latitude in determining what constitutes reasonable compensation for an attorney who has rendered services in connection with a legal proceeding, and may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, Inc. vs. Drexler (2000) ...

Excerpt: ... preemption or interstate commerce. Whether the Federal Arbitration Act (FAA) applies is not at issue because Defendants do not contend that the FAA preempts state law here. Instead, Defendants cite to state law to show that the Agreement is not unconscionable. (See Motion, pp. 5‐6.) Because preemption is not at issue, whether the FAA applies is irrelevant for purposes of this motion. The question for the court is whether an agreement exists fo...

Excerpt: .... Defendant challenges Plaintiff's claim of $1,647.23 for Jennifer Polhemus, who did not testify at trial. Plaintiff argues that the costs of taking the depositions of Defendants' six experts were all reasonably necessary for trial, even if Defendants chose not to call their expert economist (Jennifer Polhemus) for trial. Code of Civil Procedure section 1033.5, subdivision (a), subsection (3)(A), permits recovery to a prevailing party of the cost...

Excerpt: ... did not plead equitable estoppel in the complaint. (See Gressley v. Williams (1961) 193 Cal.App.2d 636, 641.) Second cause of action, breach of fiduciary duty A claim for breach of fiduciary duty must allege (1) a fiduciary duty; (2) breach of the duty; and (3) damage caused by the breach (Pellegrini vs. Weiss (2008) 165 Cal.App.4th 515, 524). As a general matter, the law imposes no fiduciary duty between unmarried cohabitants (Maglica vs. Magli...

Excerpt: ...Plaintiff signed. Its text was red. The arbitration provision was the first paragraph of the admissions form, as required by Code of Civil Procedure section 1295. Plaintiffs rely on Wheeler v. St. Joseph Hospital (1976) 63 Cal.App.3d 345, 349 (Wheeler). Wheeler has limited applicability because it preceded the enactment of Code of Civil Procedure section 1295. (See Bolanos v. Khalatian (1991) 231 Cal.App.3d 1586, 1590‐1591 [decided after sectio...

Excerpt: ...cial notice of the Substitution of Attorney filed on October 31, 2014, in RIC1113093 (Kelly Litigation). The court denies Defendants' requests for judicial notice of advisory opinions from the Los Angeles County Bar Association and California State Bar Committee on Professional Responsibility and Conduct. (See Brosterhous v. State Bar (1995) 12 Cal.4th 315, 325.) Defendants argue that the breach of contract cause of action is time‐barred, but t...

Excerpt: ...y with Code of Civil Procedure section 437c, subdivision (t). A defendant meets its burden in a motion for summary judgment by doing one of the following: (1) presenting affirmative evidence negating an essential element of plaintiff's cause of action; (2) showing a complete defense; or (3) showing that plaintiff does not possess and cannot reasonably obtain needed evidence. (Code Civ. Proc., § 437c, subd. (p)(2); Aguilar v. Atlantic Richfield C...

Excerpt: ...gainst that defendant. (McNair v. Worldwide Church of God (1987) 197 Cal.App.3d 363, 379.) A defendant has the burden to prove that plaintiff knew defendant's identity and liability. (See Fuller v. Tucker (2000) 84 Cal.App.4th 1163, 1173.) Page 2 of 4 Defendant has met his burden. Defendant declares that he was Director of Maintenance and Operations since April 21, 2014, and was in that position when Plaintiff alleges his assignment changed. (Def...

Excerpt: ...Plaintiff's claim of $1,647.23 for Jennifer Polhemus, who did not testify at trial. Plaintiff argues that the costs of taking the depositions of Defendants' six experts were all reasonably necessary for trial, even if Defendants chose not to call their expert economist (Jennifer Polhemus) for trial. Code of Civil Procedure section 1033.5, subdivision (a), subsection (3)(A), permits recovery to a prevailing party of the costs for taking, video rec...

Excerpt: ...jection, within 15 days. Motion denied without prejudice as to requests 3, 7, 8, 9, and 10. Plaintiff should first attempt to obtain the information through the least intrusive means available. Motion denied as to requests 23, 24, and 32. Continue the motion as to requests 30, 31, 33, and 38 to allow parents to obtain notice. The motion is moot as to requests 34 and 37. Request for sanctions denied. To establish good cause for further responses, ...

Excerpt: ...'s. Code of Civil Procedure sections 583.210, subdivision (c), and 583.250. Both cross complaints must be dismissed under Code of Civil Procedure section 583.360 because the case was not brought to trial within five years. WPH filed its cross complaint on May 10, 2013. Western's was filed July 15, 2013. The five‐year deadlines were May 10, 2018, and July 15, 2018, respectively. By stipulation of the parties on September 11, 2018, the court orde...

Excerpt: ...fendant's contention in the demurrer, the complaint does not allege that Plaintiff was employed by Defendant or that the accident and injury occurred during the course and scope of employment. Defendant argues the worker's compensation exclusivity rule bars the present action against it, but defendant “bears the burden of pleading and proving” the exclusivity bar as an affirmative defense, unless the “complaint affirmatively alleged facts i...

Excerpt: ...with LuLaRoe and LLR (Obligors) for the specs, price and delivery date of various Products, and by confirming the final purchase orders for the Products, Obligors promised to pay the agreed upon price for the Products. (SAC, ¶ 153.) The court previously sustained the demurrer for fraud because Plaintiff did not meet the heightened pleading standard for fraud. Plaintiff has cured that defect. Plaintiff provides examples and a list of purchase ord...

Excerpt: ...th, seventh, and twelfth causes of action: Plaintiff fails to allege sufficient facts showing that defendant had a duty or fiduciary duty to disclose material facts to plaintiff about her surgery. Plaintiff also fails to allege sufficient facts showing liability based on respondent superior. Fifth cause of action: Plaintiff bases this claim on alleged misrepresentations in defendant Akmakjian's consent form. Plaintiff does not allege that this de...

Excerpt: ...plaintiff has failed to state causes of action for breach of contract and promissory fraud. For the same reason, plaintiff has failed to state a cause of action for dual tracking under Civil Code section 2924.11. Lastly, plaintiff has not stated a cause of action for intentional infliction of emotional distress because she has not pleaded any outrageous conduct by the lender. For the third cause of action, plaintiff alleged promissory fraud, but ...

Excerpt: ...ge 2 of 2 For the first cause of action, plaintiff alleges negligent supervision of a student under Government Code section 815.6 because the school district failed their mandatory duties under Education Code section 44807 and California Code of Regulations sections 5531 and 5552. Those sections involve negligent supervision of student conduct, not employee conduct. (See Dailey v. Los Angeles Unified School Dist. (1970) 2 Cal.3d 741; Lucas v. Fre...

Excerpt: ...t failure alone can be grounds to grant the motion for summary judgment. (Code of Civ. Proc. § 437c, subd. (b)(3); see also Oldcast Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554, 568.) Nevertheless, the court addresses the merits of the motion below. Page 2 of 3 Auto Club meets its initial burden with evidence showing that Stagecoach is an independent contractor and that no agency relationship exists that would creat...

Excerpt: ...on for Fraud Plaintiff alleges both fraudulent misrepresentations (statements made before the defendants provided the Reinsurance Participate Agreement (“RPA”)) and concealment (of the RPA's terms and that the RPA was illegal under California law) by defendant Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc. (collectively “Applied Defendants�...