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2020.10.29 Demurrer, Motion to Strike 290
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.29
Excerpt: ...invested in Crossley, or other entities, in connection with a “build out” of numerous lease properties. CrossComplainants allege two causes of action, one for fraud and deceit and one for negligent misrepresentation. With respect to Cross‐Complainant King, the individual, both causes of action are uncertain. As pleaded, the Cross Complaint does not plead any individual claim for fraud or deceit or negligent misrepresentation, and appears to...
2020.10.28 Motion to Compel Arbitration 270
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.28
Excerpt: ...urally or substantively unconscionable. Per the Agreement, this matter is to be submitted to the American Health Lawyers Association Alternative Dispute Resolution Service. Parties are ordered to submit this matter to the AHLA ADRS within 15 days from the date notice of this order is served by Defendants on Plaintiffs. This matter is stayed with respect to Dr. Solof only, per Code of Civil Procedure section 1281.4 Page 5 of 6 and an OSC re comple...
2020.10.28 Motion for Summary Judgment, Adjudication 509
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.28
Excerpt: ...by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of act...
2020.10.27 Motion for Summary Judgment 925
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.27
Excerpt: ...r Code of Civil Procedure section 437c, subdivision (h), or otherwise, nor has it provided the Court with any explanation for why the opposition was untimely and served it a way unlikely to ensure that moving defendants would receive it before the hearing. The Court will not consider the late‐filed and served opposition or any of the related filings. As to the merits of the motion, there are no triable issues of material fact. Moving defendants...
2020.10.23 Demurrer 295
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.23
Excerpt: ...ate facts constituting a cause of action. Jurado asserts that the first and second causes of action are barred by the applicable statute of limitations, which is either 1 year or 3 years under Code of Civil Procedure section 338, subdivision (f), in an action brought against a notary acting in an official capacity based on misfeasance or malfeasance. Based on the allegations in the complaint, it appears that Plaintiff Sanchez's first and second c...
2020.10.22 Demurrer, Motion to Strike 109
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.22
Excerpt: ...ithout leave to amend only as to the minor Plaintiffs, who lack standing to pursue those causes of action. The demurrer to those causes of action is overruled as they relate to Plaintiffs Manuel Dominguez and Marisella Benavidez. The demurrer to the 5th (nuisance), 6th (battery), and 7th (intentional infliction of emotional distress), causes of action is sustained with 30 days leave to amend as to all Plaintiffs. The demurrer is overruled as to t...
2020.10.21 Demurrer, Motion to Strike 530
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.21
Excerpt: ... they are fatally uncertain and that Plaintiff Jeanne Gonzales lacks standing to sue on decedent Ana Gutierrez's behalf. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plainti...
2020.10.08 Demurrer, Motion to Strike 552
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.08
Excerpt: ...elief asserting that Plaintiff HOA has not alleged any actual, present, existing, or ripe controversy pertaining to the parties' respective rights and duties under the HOA's governing documents. Under Code of Civil Procedure section 1060, a party may seek a declaration from the court as follows: Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or ...
2020.10.08 Demurrer 660
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.08
Excerpt: ...ded sufficient facts to support their fourth cause of action. Specifically, they allege that the PownerNet in the Subject Vehicle is defective and thus fails to reliably control and distribute power to various electrical systems and component parts throughout the vehicle, including but not limited to its electronic gear shifter and its supplemental restraint system. (Complaint ¶¶ 26‐ 20 28, 179‐182.) They allege that the PowerNet architectu...
2020.10.07 Demurrer, Motion to Strike 828
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.07
Excerpt: ...all fail because Cross‐Defendants Lamas and Sanders were agents or employees of Lamas Beauty Inc., and therefore could not have interfered with a contract to which Lamas Beauty Inc. was a party. Although it is true that corporate agents and employees acting for and on behalf of a corporation cannot be held liable for inducing a breach of the corporation's contract (Mintz v. Blue Cross of California (2009) 172 Cal.App.4th 1594), here the Fifth A...
2020.10.05 Demurrer 096
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.05
Excerpt: ...t cannot reasonably determine what issues must be admitted or denied, or what claims are directed against them. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The First Amended Complaint is not uncertain, nor does the demurrer contain any specific arguments as to this issue. The demurrer also asserts that each cause of action fails because Diamond Generating is not an “owner” of the premises where the accident occurred...
2020.10.02 Demurrer 245
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.10.02
Excerpt: ...d been vacated, and in informing banks and lenders not to refinances or otherwise encumber said properties due to said void abstracts, Lis pendens and liens [sic.], EDELSTEIN knew and intended to thereby cloud STORCK's tilte [sic.] to said properties and to thereby influence the conduct of third parties to not lend[,] finance, encumber or in any manner transact with said properties.” The Court found these allegations were insufficient to state ...
2020.09.30 Petition Re Writ of Mandate 410
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.30
Excerpt: ... decisions of the Appeals Board on a petition for writ of mandamus, the trial court “ ‘ “exercises its independent judgment on the evidentiary record of the administrative proceedings and inquires whether the findings of the administrative agency are supported by the weight of the evidence.” ' ” (Paratransit, Inc. v. Unemployment Ins. Appeals Bd. (2014) 59 Cal.4th 551, 562 (“Paratransit”).) Petitioner has the burden of proving that ...
2020.09.30 Motion to Compel Arbitration and Stay Action 547
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.30
Excerpt: ... on September 11, 2020, which trial date was vacated by general orders issued by the Presiding Judge of this Court as a result of pandemic‐related partial court closures. After re‐opening, civil departments began accepting new motions on June 1, 2020. At issue here is what DRMC has entitled an “amended petition” to compel, which was not filed until September 8, 2020. DRMC has actually been litigating this matter outside of arbitration sin...
2020.09.29 Petition to Compel Arbitration and Stay Action 545
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.29
Excerpt: ...d by the Presiding Judge of this Court as a result of pandemic‐related partial court closures. After re‐opening, civil departments began accepting new motion on June 1, 2020. At issue here is what DRMC has entitled an “amended petition” to compel, which was not filed until September 4, 2020. DRMC has actually been litigating this matter outside of arbitration since 2016, when named respondent Fontana filed a wage claim with the Labor Comm...
2020.09.28 Motion to Strike 626
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.28
Excerpt: ...ith leave to amend. To support a demand for punitive damages under Civ. Code §3294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud. (Civ. Code, § 3294(c).) Malice is “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct Page 5 of 5 which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others,” while oppression is d...
2020.09.28 Motion for Protective Order 626
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.28
Excerpt: ...ng Shawkat's deposition. As to financial condition discovery Plaintiffs demand, among other things: (1) salaries, fees, dividends and other compensations paid by 68‐444; (2) disbursements from account receivables, including cash receipt journals, cash disbursement journals, payroll journals, sale journal and all general ledgers since June 1, 2018; (3) contracts (including financing) related to the premises; (4) the net worth of 68‐444; and (5...
2020.09.25 Motion for Leave to File Amended Complaint 273
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.25
Excerpt: ...s, however, appropriate to deny leave to amend where a proposed amendment fails to state a cause of action, where a plaintiff has inexcusably delayed seeking permission to amend, or where probable prejudice to an opposing party supports denial of the amendment. (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 652; Estate of Murphy (1978) 82 Cal.App.3d 304, 311.) Here, all defendants appear to oppose the motion on the groun...
2020.09.21 Motion to Tax Costs 263
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.21
Excerpt: ...eed auto accident where liability was not contested. During the course of litigation, Defendant Bertone served two offers under Code of Civil Procedure section 998. Under section 998, if a defendant makes an offer of settlement that plaintiff fails to accept, then the defendant's allowable costs under Code of Civil Procedure sections 1031 and 1032 may be shifted to the plaintiff, and plaintiff precluded from recovering its post‐offer costs, if ...
2020.09.17 Motion to Compel Production of Business Records 476
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.17
Excerpt: ...nd grants the motion with respect to all requests at issue (numbers 26‐ 29 and 32‐35). “[D]iscovery from a nonparty may be obtained only by ‘deposition subpoena'. Such a subpoena may be used to conduct an ‘oral deposition,' a ‘written deposition,' or a ‘deposition for production of business records and things.'” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 130.) Here, Moreland has produced some documents in response...
2020.09.17 Demurrer 964
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.17
Excerpt: ...rom Plaintiffs' employment relationship and Plaintiffs do not adequately allege that Desert Falls Villas Master Association is their employer. {See FAC ¶¶ 7‐8.} Plaintiffs' allege in the First Amended Complaint that all Defendants “are a single employer for purposes of liability” and that they “jointly employed” Plaintiffs. {See FAC ¶ 17.} Here, the First Amended Complaint is not uncertain. (See Khoury v. Maly's of Calif. Inc. (1993)...
2020.09.17 Demurrer 355
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.17
Excerpt: ...demurring Defendant under any theory. It is unclear what if any Miracle Education is alleged to have taken against Plaintiff. The Second Amended Complaint merely alleges, as to each cause of action, that Miracle Education is liable for the actions of its agents, representatives, or directors, the Digiulios. The Second Amended Complaint does not, however, state sufficient fats to demonstrate that the Digiulios had authority to act on behalf of Mir...
2020.09.15 Motion for Attorneys' Fees 643
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.15
Excerpt: ...ry and Davis. Singletary and Davis seek fees totaling $228,033.50, which amount was the amount jointly and severally owed by each of the four defendants, two of whom did not participate in the appeal. Plaintiff Alexander asserts that fees should be one half of the lodestar amount sought, because Singletary and Davis are not entitled to all fees incurred on behalf of all four defendants. Alexander also asserts that the fees sought are excessive an...
2020.09.03 Motion to Strike Complaint 276
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.03
Excerpt: ...h 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are allowable where the defendant is guilty of...
2020.09.03 Motion to Quash Subpoena 511
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.03
Excerpt: ...t the matters sought to be discovered are privileged, protected, or beyond the scope of discovery. (Code Civ. Proc., § 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) Under the discovery statutes, information is discoverable if it is not privileged and is either relevant to the action's subject matter or reasonably calculated to reveal admissible evidence. (Schnabel v. Superior Court (1993) 5 Cal.4th 704, 711.) When discovery con...
2020.09.02 Motion for Summary Judgment, Adjudication 851
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.09.02
Excerpt: ...a matter of law. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of ac...
2020.08.20 Motion for Summary Judgment 697
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.20
Excerpt: ...ablishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (...
2020.08.19 Motion for Summary Judgment 910
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.19
Excerpt: ...and (4) dangerous condition of public property. IID's motion argues summary judgment or adjudication should be granted because IID Regulation 14 bars liability as a matter of law as to the fourth cause of action for dangerous condition under Government Code section 835. The motion does not address any other cause of action. IID Regulation 14, provides that “[t]he District will exercise reasonable diligence and care to furnish and deliver a cont...
2020.08.18 Demurrer 860
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.18
Excerpt: ...Amended Complaint actually alleges that the County's liability stems from a dangerous condition of public property. Specifically, the First Amended Complaint alleges: • Hurricane Rosa caused severe flash flooding which destroyed Box Canyon Road and cost over $3 million to repair. • On September 30, 2018, Box Canyon Road was in a dangerous condition due to "flooding from Hurricane Rosa, combined with the layout and the topography of Box Canyon...
2020.08.14 Demurrer 991
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.14
Excerpt: ...ry and concise language.” (Code Civ. Proc., § 425.10.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably inferred from the facts expressly alleged, and evidentiary facts that are in exhibits attached to the complaint. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court's task is to treat well‐pleaded allegations in the complaint as true and determine whether the complain...
2020.08.12 Demurrer 454
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.12
Excerpt: ...ies or that statements allegedly made by Dalton are attributable to CSD under any theory of vicarious liability. (See Civ. Code § 2339 [“A principal is responsible for no other wrongs committed by his agent than those mentioned in the last section [negligence or omission], unless he has authorized or ratified them, even though they are committed while the agent is engaged in his service”]; Delfino v. Agilent Technologies, Inc. (2006) 145 Cal...
2020.08.06 Motion to Transfer Venue 445
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.06
Excerpt: ...123 Cal.App.3d Supp. 11 (App. Dep't Super. Ct. 1981).) This does not mean that a court ignores other “interests of justice as to parties. (See Barquis v. Merchants Collection Assn. (1972) 7 Cal. 3d 94.) But in a “convenience of witnesses” motion under Code of Civil Procedure section 397, subdivision (c), the moving party has the burden of proof. (Hamilton v. Superior Court (1974) 37 Cal.App.3d 418.) Moreover, a corporate defendant seeking c...
2020.08.03 Motion for Summary Judgment, Adjudication 910
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.08.03
Excerpt: ...s favor each claim in IID's FACC seeking equitable indemnity, implied indemnity, contribution, apportionment, or declaratory relief from Woodspur arising from Nationwide's subrogation action, or the Sun World FACC as it relates to the Nationwide subrogation action (causes of action 1‐3 in the Sun World FACC). Adjudication is denied as to the remaining claims seeking equitable indemnity, implied indemnity, contribution, apportionment, or declara...
2020.07.29 Motion for Summary Judgment, Adjudication 940
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.07.29
Excerpt: ...ium unit. Plaintiff contends that he purchased the condominium believing that he would have access to, and the right to use, the immediately adjacent pool area. Plaintiff alleges in the First Amended Complaint that after he completed his purchase of the condominium, he learned that the pool area was owned by a home owners' association other than the one he belonged to as an owner of the condominium; meaning Plaintiff had no right to access or use...
2020.07.15 Motion to Quash Service of Summons 991
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.07.15
Excerpt: ... on each of them asserting lack of personal jurisdiction. Defendants argue that they did not receive mailed copies after substituted service was effectuated by a licensed processed server, and that service on the agent for service of process for either LLC was improper because “Steve Doe,” the person who answered the door at the agent's address was not authorized to accept service on behalf of the LLCs. In addition, Defendants argue that the ...
2020.07.07 Motion for Attorneys' Fees 873
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.07.07
Excerpt: ...App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonably necessary, and in a reasonable amount, “both from the standpoint of time spent and the amount charged.” (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35‐ 36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at t...
2020.07.01 Demurrer 015
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.07.01
Excerpt: ...ieves that the employee disclosed or may Page 3 of 4 disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that th...
2020.06.29 Demurrer 015
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.29
Excerpt: ...ntiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A court considering a demurrer must assume the truth of all facts properly pled, fac...
2020.06.25 Petition to Compel Arbitration 409
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.25
Excerpt: ...]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of ...
2020.06.17 Demurrer 007
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.17
Excerpt: ...62, 1066.) Demurring party argues that the Cross‐Complaint is insufficiently pleaded in that it does not establish that Cross‐Defendant Peters exerted dominion or ownership over the property in question and that Culverson could have retrieved his property. The Court rejects these arguments. The Cross‐Complaint sufficiently pleads all elements of conversion, and alleges that Peters entered the home Culverson was renting from Peters, and the ...
2020.06.15 Motion to Dismiss or Stay Action 051
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.15
Excerpt: ...418, subdivision (e)(3), so the Court considers this request on the motion of Defendant Smith. “The doctrine of forum non conveniens is rooted in equity. It allows a court to decline to exercise its jurisdiction over a case when it determines that the case ‘may be more appropriately and justly tried elsewhere.' [Citation.] The Legislature endorsed the application of this principle by enacting section 410.30, which states, in subdivision (a), ...
2020.06.10 Special Motion to Strike 679
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.10
Excerpt: ...ctivity is constitutionally protected, not all speech or petition activity is protected by the anti‐SLAPP statute. (Id. at p. 313.) To prevail on an anti‐SLAPP motion, the moving party must first make a prima facie showing that the claims arise from the defendant's exercise of free speech or petition rights as defined in Code of Civil Procedure, section 425.16(e). (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 330.) Once...
2020.06.10 Motion for Leave to File Answer 533
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.10
Excerpt: ...ave an outstanding balance of $112,619.47. Plaintiff filed this action on 7/3/19, and filed the First Amended Complaint (FAC) as a matter of right on 8/1/19. The FAC asserts: (1) breach of contract; (2) open book account; (3) recovery on release of mechanic's lien; (4) account stated; (5) quantum valebant; (6) guaranty; and (7) recovery on contractor's license bond. SR Construction seeks to intervene as a defendant in intervention as it has an in...
2020.06.05 Motion for Attorney Fees 655
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.06.05
Excerpt: ...des: If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the...
2020.03.17 Motion for New Trial 655
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.03.17
Excerpt: ...wish to burden the court.” Aside from the obvious impropriety of withholding all of the supposedly new evidence from the Court and opposing party so that it could be put forward in “a supplement prior to the hearing date,” and then including other portions only in the reply and not in the motion itself to eliminate the opposing party's ability to respond, the Court finds that: (1) the evidence was not “newly” discovered; (2) Yann was no...
2020.03.12 Demurrer, Motion to Strike 331
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.03.12
Excerpt: ...action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent...
2020.03.10 Demurrer, Motion to Strike 467
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.03.10
Excerpt: ...e a cause of action, and that Plaintiffs are not entitled to bring this action because they have failed to comply with Code of Civil Procedure section 377.32. The Court rejects these arguments. Plaintiffs allege that they are the decedent's only heirs and that Page 3 of 3 they take through intestate succession. (FAC ¶ 3.) They also allege that “[a]t the time of the incident, THE PROPERTY was or had been previously owned, maintained, constructe...
2020.03.09 Demurrer 671
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.03.09
Excerpt: ...all Claims” against JFK and any of its “employees,” “joint venturers,” and “affiliate entities,” “relating to or arising from” the dispute between Dr. Lifschutz and JFK as part of the August 14, 2015 Settlement Agreement between Lifschutz and JFK. The release is a complete bar to all causes of action against all named Defendants in this action. The Agreement, which was signed with the benefit of counsel, contains the following p...
2020.03.03 Motion for Summary Adjudication 722
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.03.03
Excerpt: ...he exemption argument had to be raised in Lubrano's answer, and was not, and because Lubrano has not shown the absence of triable issues of fact as to whether Plaintiff was a “personal attendant” throughout her employment. The Court rejects Plaintiff's assertions. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more is...
2020.02.26 Motion for Judgment on the Pleadings 067
Location: Riverside
Judge: Klatchko, Kira
Hearing Date: 2020.02.26
Excerpt: ...el or initiate litigation without approval of the probate court or the conservator, stating: “because of the establishment of the conservatorship, the proper jurisdiction to seek appointment of a GAL was in the probate court.” The Court takes judicial notice of that opinion (Exhibit 18 to the Request for Judicial Notice), the logic of which controls in this matter. The Court of Appeal adopted the same logic in its opinion in Conservatorship o...

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