Excerpt: ...ition to Confirm Contractual Arbitration Award [“Petition”].) The parties participated in a two‐day arbitration, which took place on July 7 and 8, 2022. The result was an arbitration award in favor of Plaintiffs in the total amount of $68,937.75 made on July 26, 2022. (See pg. 50 of Exhibit 8(c) attached to Petition.) The arbitrator also awarded Plaintiffs attorney's Page 3 of 5 fees in the amount of $1,000 in accordance to their lease agre...

Excerpt: ...ition to Confirm Contractual Arbitration Award [“Petition”].) The parties participated in a two‐day arbitration, which took place on July 7 and 8, 2022. The result was an arbitration award in favor of Plaintiffs in the total amount of $68,937.75 made on July 26, 2022. (See pg. 50 of Exhibit 8(c) attached to Petition.) The arbitrator also awarded Plaintiffs attorney's Page 3 of 5 fees in the amount of $1,000 in accordance to their lease agre...

Excerpt: ...ely opinions about Defendant's actions as president of the HOA board and not defamatory. These vague allegations were analyzed in detail in this Court's order denying Defendant's anti‐SLAPP motion, and it appeared at that time that all parties agreed the statements at issue were made in certain emails that were not specifically addressed in the text of the Complaint. It was not clear to the Court at that time that the statements at issue were i...

Excerpt: ...here 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 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 ...

Excerpt: ...ute a cause of action against him because, among other things, he is a designated officer of Defendant HomeSmart, and had no other involvement, directly or otherwise, in this case or transaction. Further, Jeppson and HomeSmart argue that there are no allegations in the Complaint pertaining to Jeppson or HomeSmart that would give rise to liability under any cause of action. The Court agrees that the Complaint and causes of action are insufficientl...

Excerpt: ... Goldsmith's vehicle traversed the walkway, it collided with the tables and chairs placed in the walkway, sending them along with the vehicle into the side of the building. One of the tables partially broke through a plate glass window inches from where Plaintiff was seated inside of the restaurant. Defendant Hibl dba Michael's Cafe moves for summary judgment arguing (1) that he did/does not own, operate, possess or control the parking area and t...

Excerpt: ...e common benefit of all co‐tenants. Plaintiffs moved for attorneys' fees and costs of $28,440 and for costs of $1,100. The request is based on 72 hours of attorney work at a rate of $395 per hour. The parties disputed that all work done was for the benefit of all co‐tenants. The Court finds that only some of the work done was for the common benefit of all co‐tenants and will apportion the attorneys' fees and costs as more specifically expla...

Excerpt: ... 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 the fair market value of comparable services in the community. (Id.) “Padding” is not subject to compensation. (See Grah...

Excerpt: ...VIP process does not create a binding agreement; (2) the fraud claim is not sufficiently pleaded, and Plaintiff fails to identify any misrepresentation; (3) the third cause of action for false advertising is not supported, and the actual advertisements/pamphlets negate Plaintiff's claim; (4) the fourth cause of action for bait and switch (Bus. & Prof. Code § 17200) is not adequately supported by the referenced advertisements/pamphlets; and (5) t...

Excerpt: ...y of a quitclaim deed dated November 30, 2003 that was not recorded until after this case was filed in 2021. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code 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 establish...

Excerpt: ...cause of action for trespass to timber. The same causes of action are now alleged in the operative pleading as the third, fourth, and fifth causes of action, respectively. Pintura again demurs to these three causes of action arguing that the previously identified deficiencies have not be remedied and that essentially no new facts have been pleaded to support these causes of action. The Court agrees. To withstand a demurrer the complaint must cont...

Excerpt: ...laintiff Simkins, and that Cross‐Defendants negligently handled the purchase and also took advantage of Kruger, who is 81 years old. Cross‐Defendants demurrer arguing that the three causes of action pleaded are uncertain or insufficiently pleaded because they do not incorporate facts from the underlying complaint and do not show any professional negligence, basis for indemnity, or elder abuse. To withstand a demurrer the complaint must contai...

Excerpt: ... Primoris, and the car he was driving was owned by Defendant HERC, a car rental agency. After conducting initial discovery, Plaintiff dismissed HERC without prejudice. HERC thereafter filed a memorandum of costs, which Plaintiff now moves to strike or tax. A party may move to strike or tax costs per Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the c...

Excerpt: ...d into the side of the building. As Goldsmith's vehicle traversed the walkway, it collided with the tables and chairs placed in the walkway, sending them along with the vehicle into the side of the building and through a plate glass window inches from where Plaintiff was seated inside of the restaurant. Defendant Hibl dba Michael's Cafe moves for summary judgment arguing (1) that he did/does not own, operate, possess or control the parking area f...

Excerpt: ... it concerns matters already litigated in the family court. The Court disagrees. 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 plaintiff's proof need not be alleged. (C.A. v....

Excerpt: ...ice on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.” (Rules of Court, rule 3.110(b).) Failure to comply with this rule, however, does not mean that service is not allowed after such period. Rather, the failure to comply...

Excerpt: ... 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 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 necessar...

Excerpt: ...rily prescribed period. (Civ. Code, §§ 8412, 8414.) Where the claimant is a direct contractor, he or she must record the claim of lien after the contract work is “completed” and prior to the expiration of either: (1) 60 days after recordation of a notice of completion or notice of cessation; or (2) 90 days after the completion of the work of improvement if no notice of completion or notice of cessation of labor has been recorded. (Civ. Code...

Excerpt: ...lect. (Id., ¶¶ 17, 20‐22, 29.) Defendant moves to compel arbitration and for a stay of this action based on an arbitration agreement that Gary signed when he was admitted to Manorcare. A petition to compel arbitration ‘“is in essence a suit in equity to compel specific performance of a contract.”'” (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 (“Rosenthal”) quoting Spear v. California State Auto. Ass...

Excerpt: ... counsel. Prior to the substitution of counsel, the parties timely designated experts on or about January 20, 2022. Plaintiff designated two experts: (1) safety standard of care expert; and (2) fueling station manager expert. Defendants designated a single medical expert. At some point following the substitution of counsel, current defense counsel sought to retain an appropriate rebuttal expert to Plaintiff's safety standard of care expert. Defen...

Excerpt: ...self, his deceased wife (Plaintiff's mother), and Plaintiff. He alleges causes of action for fraud, breach of fiduciary duty, and unjust enrichment based on allegations that the “rental payments” were actually intended to cover insurance, mortgage, and taxes on the investment property. The issues addressed in the proposed cross‐complaint are related and intertwined with those addressed in the complaint to the point that they entail compulso...

Excerpt: ...t 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 plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union Page 4 of 7 High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead f...

Excerpt: ...t issue here in Sadorra's motion for summary adjudication are the 1st and 8th causes of action, for breach of the CC&Rs and injunction, and declaratory relief, respectively. These causes of action pertain to Sadorra's allegations that he was wrongfully denied approval of his plans to install drought‐tolerant landscaping and a six‐foot block wall between his property and Brown's property. Sadorra argues that HOA breached the CC&Rs by failing t...

Excerpt: ...2 are continued to September 29, 2022 at 8:30 a.m., and will be heard on that date if the issues presented are not resolved by the Informal Discovery Conference. The Trial Setting Conference and Order to Show Cause set for hearing on September 13, 2022 at 8:30 a.m. are continued to September 29, 2022 at 8:30 a.m. The OSCs are returnable to this department under Local Rule 3116. In order to conduct the Informal Discovery Conference, the Court orde...

Excerpt: ...a one paragraph document from Heath Hilgenberg, president of Defendant Hilgenberg Realty, addressed to the Plaintiff's President, Jeff MacLean. The letter states in its entirety: We would like to submit a letter of intent regarding our commitment to sign additional PureDMS, Inc./Pure Community Systems contracts with our Keller Williams offices in Redlands, CA and our Big Bear Lake and Lake Arrowhead offices in CA. We intent [sic.] to launch our c...

Excerpt: ...plaint 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 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 fac...

Excerpt: ... La Laja Boys, also received a yellow caution card for misbehavior. All of this happened in the last 15 minutes of the game. After the whistle blew, Emilio Caro, the goalie, attacked Salmon who was running towards the middle of the field. Salmon was seriously injured. In her Complaint, Salmon alleges three causes of action, for (1) assault and battery as against Caro, (2) vicarious liability/ratification of the assault and battery and negligence ...

Excerpt: ...473(b). It asserts that the only reason its pleadings were stricken was because it was suspended by the Franchise Tax Board and that, because of the pandemic there was a significant delay in getting reinstated. The motion under Section 473 is untimely; it was filed well outside of the 6‐month deadline. That said, the Court finds that Quadrow has established an equitable basis for relief. A court may set aside a default on equitable grounds wher...

Excerpt: ...ing at the Palm Springs Courthouse (there is no fee to park at the Palm Springs Courthouse). Under Civil Code section 1794, the court must make an initial determination as to the actual time expended and then ascertain whether that time, and the monetary charge for that time, are reasonable. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonab...

Excerpt: ...y on Pansy Street in the City of Indio (the “Property”). (CC, ¶ 13.) On September 30, 2014, title was transferred to Plaintiff and Decedent as joint tenants. (CC, ¶ 14.) In November 2014, Decedent had Plaintiff sign documents (which Plaintiff could not read), telling him that it was necessary to update his banking information; however, the document signed was a grant deed that transferred title to the Property to Decedent as sole owner. (CC...

Excerpt: ... Defendant Jack Jennings. The lease was guaranteed by Jennings and Defendant Charles Biehl. Manage Control assigned its lease to Defendant Lunas Pizza Bar and Grill. The Lunas Pizza lease, as assigned, was guaranteed by Defendants Jorge Luna and Gustavo Luna. Plaintiff alleges in its Complaint that Defendants breached their lease obligations, specifically that Lunas Pizza Bar and Grill stopped paying rent and also removed property improperly from...

Excerpt: ...ises liability, and loss of consortium. Specifically, it demurrers to the first and second causes of action for negligence and premises liability asserting that these causes of action are uncertain because they do not specify where precisely Plaintiff Lucas fell or what he fell on. 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.,...

Excerpt: ...firmative defense, in the form of an unsigned 2017 declaration by Larry White, and that it did not proffer this declaration in opposition to the motion for summary judgment/adjudication because Plaintiff failed to properly raise arguments relating to Insurance Code section 381. This argument is not well taken. Under Code of Civil Procedure section 1008, a party may by timely motion seek reconsideration of an order based upon new or different fact...

Excerpt: ...hat Anaya signed to effectuate the purchase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Anaya should be estopped from asserting that it may not enforce the agreement. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Ar...

Excerpt: ...ed on the proffered and unopposed evidence, the Court granted a temporary restraining order prohibiting Defendant Harris from transferring, encumbering, or otherwise committing waste or diminishing the value of the vehicle at issue here, but denied the request for possession. The Court hereby dissolves the temporary restraining order and enters in its place a preliminary injunction prohibiting Defendant from transferring, encumbering, or disposin...

Excerpt: ...Plaintiffs each have a 33 1/3 interest in the property, that there are no other parties who have an interest in the property, and that the property should be sold by partition. Instead, Defendant asserts that the Court cannot grant summary judgment because there are specific orders that the Court must make related to the selection of the real estate broker who will list the property, Defendant's ability to participate in the acceptance of a reaso...

Excerpt: ... goalie for one of the teams, the La Laja Boys, also received a yellow caution card for misbehavior. All of this happened in the last 15 minutes of the game. After the whistle blew, Emilio Caro, the goalie, attacked Salmon who was running towards the middle of the field. Salmon was seriously injured. In her Complaint, Salmon alleges three causes of action, for (1) assault and battery as against Caro, (2) vicarious liability/ratification of the as...

Excerpt: ...table subordination), and 10th (constructive trust) causes of action, otherwise overruled. Plaintiff Key's First Amended Complaint alleges that it performed maintenance and landscaping work at a golf course and that it was not paid for its services. It alleges a complicated series of transactions and shell companies were utilized by demurring defendant Cushman and others to ensure that Key would not be paid, even on express written agreements int...

Excerpt: ...alse, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 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 supp...

Excerpt: ...037). (Petition, ¶ 6; Amended Administrative Record filed March 8, 2021 (“AR”) 047‐055, 066‐075.) On February 16, 2021, Petitioner filed two written appeals of the citations and paid the requisite fees for a hearing. (Petition, ¶ 7; AR 077‐083.) In late February 2021, Officer Molina sent Petitioner a notice of hearing (which Petitioner alleges did not comply with Cathedral City Municipal Code (“CCMC”) § 13.100.040). (Petition, ¶...

Excerpt: ... habitability, negligence, nuisance, and breach of covenant of quiet enjoyment. Among other things, Plaintiffs pray for punitive damages. Defendants move to strike punitive and exemplary damages from the Complaint. Under Code of Civil Procedure section 436, subdivision (a), a court may upon motion strike out any irrelevant, false, or improper matter in a pleading. In ruling on a motion to strike, the allegations in the complaint are considered in...

Excerpt: ...sion and replevin. The Court sustained the demurrer without leave as to the fourth cause of action for replevin, and otherwise overruled the demurrer. The remaining causes of action are for breach of contract, common counts, and conversion. King's Garden now moves to strike Scorpion's request for statutory penalties under Civil Code sections 8800 and 8818 on the ground that such penalties are only available for the improper withholding of progres...

Excerpt: ...‐ approval for a loan and proof of financial evidence and once his turn to purchase property came up on a VIP/waiting list. It further alleges that in March 2022, Lennar revoked its promise and sold houses in its development to the highest bidders. Lennar demurrers to these causes of action alleging that they are uncertain or not pleaded with the required specificity. To withstand a demurrer the complaint must contain “a statement of the fact...

Excerpt: ...gations and demand set forth in the first cause of action on the ground that Plaintiff has not complied with Code of Civil Procedure section 425.13. In addition, Defendants move to strike the demand for prejudgment interest on the ground that the tort claims alleged in the Complaint are not capable of being made certain by calculation. The court may, upon a motion made under Code of Civil Procedure section 435: (a) Strike out any irrelevant, fals...

Excerpt: ...sly does any injury to telegraph or telephone or electric power or gas property is liable to the corporation for three times the amount of actual damages sustained thereby, to be recovered in any court of competent jurisdiction.” Granite argues that Plaintiff Southern California Gas Company has not sufficiently pleaded that Granite's conduct was willful or malicious, as required by the statute. Granite argues that “willful” and “malicious...

Excerpt: ...gatories (Set One) numbers 10.2 and 10.3 which request information concerning Plaintiff's physical, mental, and emotional disabilities prior to, and after, the incident at issue here, in this insurance bad‐faith case. A party may file a motion compelling a further response to interrogatories if it finds that the responses are inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. (Code Civ. Proc., �...

Excerpt: ...lieved the papers were for her parents, Ezekiel Velez and Margaret Ochoa, and that she failed to give the documents to her parents and ultimately lost or mislaid the documents. Velez seeks relief under Code of Civil Procedure section 473, subdivision (b), and 473.5. The court is empowered to relieve a party “upon any terms as may be just…from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake...

Excerpt: ...ourt is empowered to relieve a party “upon any terms as may be just…from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Section 473, subdivision (b), consists of two distinct parts: “a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. Cit...

Excerpt: ...'s third and fourth causes of action for conversion and replevin asserting that they fail to state facts or are uncertain or duplicative. 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 pa...

Excerpt: ... may move to strike or tax costs per Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (WhatleyMiller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Pro...

Excerpt: ...posed request for judicial notice of what purports to be a docket in case number 202210956. It appears the docket reflects booking and bail information for an arrest in March 2022. There are no criminal charges filed against Defendant Rodriguez and there is nothing on the booking document that reflects any connection between the March 2022 arrest and the August 27, 2021 accident; nor is there any declaration testimony to demonstrate that Defendan...

Excerpt: ...id not receive. She further alleges she had to expend additional funds to complete her kitchen remodel. Defendants Ryan Thomas and his wife Christine Johnson died after the contract at issue was signed but before this suit was filed. Plaintiff has propounded a deposition subpoena for production of business records on the custodian of records for Barton CPA. The subpoena seeks a wide range of documents, from 2018 to the present “regarding or rel...

Excerpt: ...d a third cause of action, at issue here, seeking injunctive relief under Code of Civil Procedure section 526a. Essentially, the complaint, as with prior complaints, alleges that Defendants Ticket and Napolitano are operating an illegal Lawyer Referral Service, and that Cathedral City is a Page 3 of 5 “contractual client of Defendant Data Ticket” which refers Defendant Cathedral City to attorneys who act as Hearing Officers in Code Enforcemen...

Excerpt: ...ased on a contractual provision is vested with discretion in determining which party has prevailed on the contract, or that no party has. (DisputeSuite.com, LLC v. Socrenic.com (2017) 2 Cal.5th 968, 973 (“DisputeSuite”), citing Hsu v. Abbara (1995) 9 Cal.4th 863, 871.) “If neither party achieves a complete victory on all the contract claims, it is within the discretion of the trial court to determine which party prevailed on the contract or...

Excerpt: ...er Rules of Court, rule 3.1700, subdivision (b). A verified memorandum of costs is prima facie evidence that costs were necessarily incurred where the costs at issue are expressly permitted by statute and appear to be proper charges. (Whatley‐Miller v. Cooper (2013) 212 Cal.App.4th 1103, 1115.) A party moving to tax or strike costs must prove that a challenged cost is unnecessary or unreasonable. Code of Civil Procedure section 1032, subdivisio...

Excerpt: ...representations about why their lease was not being extended. Defendant March is alleged to have been the leasing agent for the landlords. March demurrers to all three causes of action in the complaint, for fraudulent deceit, negligent misrepresentation, and violations of the Unruh Civil Rights Act. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.”...

Excerpt: ...esult his wife took him to the emergency room operated by Defendant Desert Regional Medical Center (DRMC). While there, Nunes alleges he was mistreated by an emergency room physician, Dr. Lee (also referred to by the parties as Dr. Do or Lee Do), a LVN, McDade, and other staff because he is transgender. Specifically, relative to Dr. Lee: Page 5 of 6 • On November 27, 2019, Mr. NUNES woke up from a dead sleep to a severe pain in his left flank. ...

Excerpt: ...ummary 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 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...

Excerpt: ...urt awards attorneys' fees of $44,165.00 and costs of $4583.57. Under Civil Code section 1794, the court must make an initial determination as to the actual time expended and then ascertain whether that time, and the monetary charge for that time, are reasonable. (Nightingale v. Hyundai Motor America (1994) 31 Cal.App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonably necessary, and in a reason...

Excerpt: ...n” as mentioned in section 2025.410 only relates to an error or irregularity in a deposition notice that does not comply with Article 2 (commencing with Section 2025.210). (Code Civ. Proc., §2025.450(a).) Here, the objections raised by Defendant did not pertain to any irregularity or error in the deposition notice, so did not prevent Plaintiff from moving forward with the deposition. Objections based on unavailability or lack of capacity is no...

Excerpt: ...ds. The Court strikes the first category of documents requested relative to billing records, and modifies the second category such that it is limited to records from 2005 and after. With those modifications, the Court finds the subpoenas valid under California law. Page 3 of 11 The governing regulations of the VA explain that a subpoena issued by a court of competent jurisdiction is a “demand” (38 C.F.R. §14.802(a)) and, after an internal pr...

Excerpt: ...nt on the pleadings in this case: Defendant ReadyLink Healthcare, Inc. (ReadyLink), is a nurse staffing company that places nurses in hospitals, typically on a short‐term basis. Plaintiff State Compensation Insurance Fund (SCIF) is a public enterprise fund created by statute as a workers' compensation insurer. Like private workers' compensation insurers, SCIF provides workers' compensation insurance to employers. The premiums that SCIF charges ...

Excerpt: ...agreement or that it was provided to her, and that American Express waived its right to arbitrate. There is no competent evidence to support Dickinson's argument that she was not provided with, or did not receive, the agreement, nor has Dickinson demonstrated any waiver. A petition to compel arbitration ‘“is in essence a suit in equity to compel specific performance of a contract.”'” (Rosenthal v. Great Western Fin. Securities Corp. (1996...

Excerpt: ...es he was experiencing severe pain and vomiting, among other symptoms, and that as a result his wife took him to the emergency room operated by Defendant Desert Regional Medical Center (DRMC). While there, Nunes alleges he was mistreated by an emergency room physician, Dr. Do, a LVN, McDade, and other staff because he is transgender. Plaintiff also alleges that DRMC, and its CEO Finney, are responsible for his harm. Pertinent to this demurrer, th...

Excerpt: ...ued, among others, Susan Harvey and Desert Pacific Properties, the broker/agent for the property's sellers. This motion concerns the cross action by Harvey and Desert Pacific Properties as against the Morrows' broker/agent, Cross‐Defendants Hall and Forbes & Associates Realty Group. Hall and Forbes move for an order establishing that Harvey and Desert Pacific, whom they refer to as the Seller Broker, cannot prevail on their First Amended Cross�...

Excerpt: ...e 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 of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 ‐550.)...

Excerpt: ...that the subpoena is overbroad and inadequately describes the documents to be produced. The subpoena at issue requests production of business records as follows: Any and all cellular, mobile, telephone, text messages, voice or data communication billing, log, or other writing, which reflects each cellular, mobile, telephone, text messages, voice or data communication received or transmitted by cellular telephone number (661) 431‐4548 in which c...

Excerpt: ...on (Defendant Specialty Insurance Agency, Inc.); (4) Breach of Contract; (5) Constructive Trust; and (6) Accounting. Defendants American Automobile Insurance Company and Specialty Insurance Agency, Inc. demurred to the 3rd through 6th causes of action and moved to strike portions of the First Amended Complaint. The Court sustained without leave to amend as the Plaintiff's claim for accounting (6th), and sustained with leave as to Plaintiff's brea...

Excerpt: ... injury, as in this case, must be presented to the governmental entity within six months of accrual of the cause of action and must be delivered or mailed to the clerk, secretary, auditor or governing body of such entity at its principal office. (Gov. Code, §§ 911.2(a); 915(a).) The time limit runs from the date the claimant's right to sue arises. (Gov. Code, § 911.2(a).) This is the date upon which the statute of limitations would begin to ru...

Excerpt: ...is interfering with HOA's ability to conduct needed repairs and in doing so is violating HOA's rights as well as rights of other homeowners within the HOA, who are not able to have regular access to hot water. The injunction is necessary to prevent what would otherwise be an irreparable injury to the HOA and its members. There is ample evidence before the Court demonstrating that absent an injunction Defendant Southerland will preclude HOA from m...

Excerpt: ... injury, as in this case, must be presented to the governmental entity within six months of accrual of the cause of action and must be delivered or mailed to the clerk, secretary, auditor or governing body of such entity at its principal office. (Gov. Code, §§ 911.2(a); 915(a).) The time limit runs from the date the claimant's right to sue arises. (Gov. Code, § 911.2(a).) This is the date upon which the statute of limitations would begin to ru...

Excerpt: ...t Amended Complaint. Under Code of Civil Procedure section 438, a defendant may move for judgment on the pleadings if the court lacks jurisdiction of the subject of the cause of action alleged in the complaint or if the complaint fails to state sufficient facts to constitute a cause of action. (Code Civ. Proc., § 438(b).) The grounds for the motion must appear on the face of the challenged pleading or from matters subject to judicial notice. (Co...

Excerpt: ... (2) Failure to Provide Meal Breaks; (3) Failure to Provide Rest Period; (4) Failure to compensate for all hours worked, Wage Theft, Liquidated Damages; and (5) Failure to Provide Accurate Wage Statements. Here, although the wage and hour claims are sufficiently alleged against the Paydar Defendants, these claims are not sufficiently alleged against individual Defendant Reza Paydar. No facts are alleged to state whether Reza Paydar is Plaintiff's...

Excerpt: ...ompel the deposition of Defendant Huerta. Huerta appeared at his January 8, 2021 deposition, but refused to answer any questions on the grounds it would violate his 5th Amendment Rights in light of his pending murder charges arising out of the death of Mark Kristoferrson. Thereafter, on March 16, 2021, Huerta's counsel brought a Motion to Stay Civil Proceedings or, alternatively, for a Protective Order. The Court denied the motion, advising the p...

Excerpt: ...ion of emotional distress) and Page 4 of 8 fourth (intentional interference with prospective economic advantage) causes of action fail to state sufficient facts. The Court agrees. 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 evid...

Excerpt: ...t Timothy Corr. The term of the lease was for five years. (Complaint, Exhibit “B”.) When the term expired, the tenant remained in possession and the lease became a month‐to‐month lease. In the spring of 2020, plaintiff served defendant with a notice to quit over the alleged failure to pay rent. (Complaint, Exhibit “C”.) An unlawful detainer action was filed but then dismissed as defendant was no longer in possession of the property. T...

Excerpt: ...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 of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, ...

Excerpt: ...timidation by a co‐worker, maintenance supervisor Ramirez. (TAC, ¶ 40(a)‐(b), (i)‐(n), 41‐42.) Plaintiff alleges that from mid‐2016 and May 31, 2017, the Choi Defendants owned and operated the Motel and that the Choi Defendants, among others, were aware of Ramirez's offensive conduct, which occurred during work hours. (TAC, ¶ 40(c).) Despite Plaintiff's repeated complaints to the Choi Defendants – and in particular, Chris Choi – t...

Excerpt: ...se 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 of his claims.” (Doe v. Ci...

Excerpt: ...r sale by Defendant/Cross‐Defendant Lux Box Agency, which owned and operated by Defendant Laurie Ann Moulton and Cross‐Complainant Fischer. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code 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 ...

Excerpt: ... intoxicated, struck their vehicle with his. The FAC also alleges that Defendant's conduct was willful and carried out with conscious disregard of the rights and safety of others as evidenced by the fact that after the accident Defendant fled the scene so that he could consume food and drink in order to lower his blood‐alcohol level. The Complaint sets forth causes of action for motor vehicle negligence and general negligence. The Court finds t...

Excerpt: ...f serving his answer to the complaint) he has against the plaintiff, such party may not thereafter in any other action assert against the plaintiff the related cause of action not pleaded. A “related cause of action” is defined as, “a cause of action which arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in the complaint.” (Code Civ. Proc., § 426.1...

Excerpt: ... estate is unable to pay for arbitration. Plaintiff has failed to explain the anticipated cost or length of the arbitration, the size or assets of the estate, or why estate proceeds were distributed or when. In fact, Plaintiff failed to mention the existence of a trust holding the decedent's assets until the issue was raised in opposition to this motion. (See Reply, p. 5:2‐4.) Moreover, while Plaintiff appears to suggest that the estate has deb...

Excerpt: ...se 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 of his claims.” (Doe v. Ci...

Excerpt: ...hase. It argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Lara should be estopped from asserting that it may not enforce the agreement. The arbitration provision at issue here states: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrabili...

Excerpt: ...itlement to judgment as a matter of law as to all causes of action. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code 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...

Excerpt: ... for “Intrusion Upon Seclusion” at ¶¶75 through 79; (4) Cross‐Complaint ¶24(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (5) Cross‐Complaint ¶53(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (6) Cross‐Complaint entire “Ninth Count” for “Declaratory Relief” at ¶¶86 through 88; and (7) Cross‐Complaint entire “Fifth Count” for “Negligence” at ¶¶ 67‐71. As to Dan...

Excerpt: ... for “Intrusion Upon Seclusion” at ¶¶75 through 79; (4) Cross‐Complaint ¶24(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (5) Cross‐Complaint ¶53(b) “Trimming Mr. Bordewick's tree and plants without his consent”; (6) Cross‐Complaint entire “Ninth Count” for “Declaratory Relief” at ¶¶86 through 88; and (7) Cross‐Complaint entire “Fifth Count” for “Negligence” at ¶¶ 67‐71. As to Dan...

Excerpt: ...for negligence. Complete Comfort demurrers alleging the second cause of action for intentional infliction of emotional distress fails because no extreme or outrageous conduct is alleged and the third cause of action for negligence contains improper allegations of emotional distress. To the extent the demurrer challenges a portion of the third cause of action pertaining only to emotional distress, the demurrer is overruled as improper. To withstan...

Excerpt: ...ge 3 of 3 The RFPs at issue are as follows: RFP No. 1: All DOCUMENTS related to the creation of the TRUST. RESPONSE: Defendant incorporates by reference the general objections as if set forth herein. Defendant objects to this request on the grounds that it is overbroad in time and scope, vague and ambiguous, and is not reasonably particularized. Defendant objects to this request on the ground that it invades the right of privacy of the Responding...

Excerpt: .... storage unit, one maintenance garage, outdoor storage for miscellaneous equipment and several vehicles” while employed by Paydar. (FAC, ¶8.) Plaintiff alleges that, through his employment, he was not fully compensated for all hours worked including any overtime hours that he earned. (FAC, ¶11.) In February 2018, Paydar allegedly falsely accused Plaintiff of theft and locked the storage units, improperly keeping Plaintiff's personal property...

Excerpt: ... Cathedral City. Rayl contends relevant evidence was improperly excluded at the administrative hearing and from the administrative record lodged with the Court on September 27, 2021. He also seeks to augment the record to add a service agreement between the City and Data Ticket, as well as Data Ticket's response to requests for admission in an unrelated case. Rayl alleges that the City contracts with Data Ticket, Inc., which is tasked with interv...

Excerpt: ...ach 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 of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A demurrer on the ground of uncertainty will only be sustained where a defe...

Excerpt: ...ate 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 of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A demurrer on the ground of uncertainty will only b...

Excerpt: ...ed defendant Perfecto Pizza Inc., as the only judgment debtor and defendant. Review of the judgment reflects that the proposed judgment was submitted with another name next to that of Defendant Perfecto, and that Judge Latting redacted that additional name and initialed his change. Subsequently, the parties conducted proceedings before the Court relative to a claim of exemption. During those proceedings, a Mr. Eduardo Sanchez referred to himself ...

Excerpt: ...re, Plaintiffs have met their initial burden to describe the settlement and all of its facets. The objecting party, defendant Costco, has not met its burden to show that the settlement is in not in good faith, is in bad faith, or is “out of the ballpark” of reasonableness such that it is inconsistent with the equitable objectives of Section 877.6. The Court has considered all of the evidence in support of, and in opposition to, the proposed s...

Excerpt: ...ntitling it to judgment. (Code Civ. Proc., § 437c(p)(1).) Once the plaintiff has made the required showing, the burden shifts to the defendant 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 action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849‐850; Code Civ. Proc., § 437(c)(p)(1).) If the plaintiff does not make such a showing, summary judgment in...

Excerpt: ...his or her constitutionally protected rights of free speech or petition for redress of grievances.” (Flatley v. Mauro (2006) 39 Cal.4th 299, 311‐312 (“Flatley”).) Because not all speech or petition activity 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 ...

Excerpt: ...ant Data Ticket Inc and Defendant Steven Napolitano regarding their alleged violation of section 6155, and that that complaint is being investigated. The same allegations, which appear to be that Data Ticket and Napolitano are operating an illegal Lawyer Referral Service, form the basis of the instant complaint. {SAC ¶¶ 11‐13, 15‐18.} The complaint also alleges that Cathedral City is a “contractual client of Defendant Data Ticket” and t...

Excerpt: ...ght to entry of judgment as a matter of law. (Code 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 Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendan...