Excerpt: ... Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the RISC. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the RISC and also that it is a third-party beneficiary of the RISC. The Court disagrees. The arbitration provision in the RISC states in relevant part: Any claim or disp...

Excerpt: ...r the Retail Installment Sales Contract that Plaintiffs signed to effectuate the purchase. Defendant argues that it has a direct right to arbitration under the arbitration provision set forth in the Owner's Handbook. It also argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It argues that it may enforce the arbitration provision under the doctrine of equita...

Excerpt: ...c(c).) A plaintiff moving for summary judgment bears the burden to produce admissible evidence on each element of a cause of acton entitling him or her to judgment. (Code Civ. Proc., S 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851.) This means that "a plaintiff who would bear the burden of proof by a preponderance of evidence at trial moves for summary judgment, he must present evidence that would require a reasonable t...

Excerpt: ...LC (2020) 53 Cal.App.5th 486 ("Felisilda"), they may enforce the arbitration provision in the Contract. They also argue that they may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. The Court disagrees. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise (incl...

Excerpt: ..., seventh (declaratory relief), and ninth (temporary restraining order) causes of action. This is an intrafamily dispute regarding ownership of real property. Jonathan Edwards Jones Senior was Plaintiff's uncle. On July 25, 1999, Jonathan Sr. transferred a fifty-percent interest in real property located on Sandspring Drive in Palm Springs to Plaintiff Nicholas E. Jones. (SAC, 10, Exhibit A [grant deedl.) Nicholas and Jonathan Sr. thereafter held ...

Excerpt: ...ing the cause of action, in ordinary and conc:ise language." (Code Civ.Proc., S 425.10.) "[Tlhe complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part ofthe 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 a...

Excerpt: ...lter ego of Hilton Franchise Page 4 of 6 Holding Company or that is otherwise liable under a respondeat superior theory. Plaintiff has produced no evidence to support those arguments or to otherwise overcome summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc„ S 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that t...

Excerpt: ...ght of a pending appeal. Petitioners alternatively seek an order issuing a discretionary stay pending their appeal of the August 31, 2022 order. The motion was initially filed as an ex parte application on March 28, 2023, but the Court denied ex parte relief due to Petitioners' failure to make out a sufficient showing of exigency. (See Cal. Rules of Court, rule 3.1202.) Subsequently, on April 04, 2023, Petitioners filed an ex parte application to...

Excerpt: ... Contract that Plaintiff 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. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. It further agues that it is a third-party beneficiary of the RISC and t...

Excerpt: ... alleges she suffered from pressure sores, dehydration, malnourishment, and acute kidney disease, and that she was not cared for appropriately. She alleges four causes of action, only two of which are at issue here, i.e„ the second and fourth causes of action. As the parties have stipulated that the fourth cause of action should be sustained without leave to amend, the Court will only address the second cause of action. To withstand a demurrer ...

Excerpt: ...ong other things. Defendant has subpoenaed records from various third-parties that purportedly relate to Plaintiff's damages claims. Plaintiff has moved to quash those subpoenas. At issue here is a subpoena to Dr. William Longfellow. Plaintiff claims that the subpoena is defective because it did not comply with Code of Civil Procedure section 1985.3's requirements pertaining to Notice of Consumer. Defendant has provided ample evidence demonstrati...

Excerpt: ... restraining and enjoining Defendants, and DOES 1 through 20, inclusive, their managers, servants, agents, officers, employees, and all other persons acting on their behalf and/or at their direction from harassing or threatening Plaintiffs." 2. Paragraph 3 of plaintiffs' prayer for relief, which provides as follows: "For statutory and treble damages." 3. Paragraph 8 of plaintiffs' prayer for relief, which prov-des as follows: "For statutory damag...

Excerpt: ...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. It argues that it may enforce the arbitration provision under the doctrine of equitable estoppel because the claims against it are inextricably intertwined with the Contract. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or s...

Excerpt: ...the policy, nor was his vehicle insured under the policy. Petitioner has not filed any reply addressing these facts. 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. Assn. (1992) 2 Cal.4th 1035, 1040.) "[Wlhen a petition to compel arbitration is filed ...

Excerpt: ...Showcase Parkway, Indio, California, including from bringing any achon for unlawful detainer, pending the outcome of the arbitration proceeding in ß„QA case Builder Services Group, Inc. v. W-GL Showcase Industrial Owner IX. L.P. and Spectrum Grande LLC (Case No. 01-23-0001-1275). Plaintiff Builder Services Group ("BSG") seeks to enjoin its landlord, Defendant W-GL Showcase from evicting it during the pendency of an arbitration proceeding. The ...

Excerpt: ...rassment, gender discrimination, retaliation, failure to prevent harassment, and wrongful termination. Plaintiff argues that this motion should be denied because the arbitration agreement is unconscionable and is prohibited under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, 9 U.S.C. SS 401, 402. The Court disagrees. A petition to compel arbitration in essence a suit in equity to compel specific performance of a contr...

Excerpt: ...am & Caplin LLP. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied certification as to its legal and factual merit, and a violation of this implied certification subjects the attorney and/or party to sanctions. (Code Civ. Proc., 5128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Civ. Proc., S 128.5 [authorizing the imposition of sanctions "to...

Excerpt: ...se language." (Code Civ. Proc., S 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. City of Los...

Excerpt: ...ficiencies in this iteration of the complaint. The SAC alleges as follows. In the early 1960s, Desert Bermuda Development Company was formed to subdivide and develop a large tract of land in Bermuda Dunes, which consisted of the Bermuda Dunes Airport, adjoining subdivision of homes with airpark (later designated as Tract 2508), and the Bermuda Dunes Country Club. (SAC, '123.) The subdivision included 19 residential lots adjoining the Airport. (SA...

Excerpt: ...argues that under Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 ("Felisilda"), it may enforce the arbitration provision in the Contract. It further argues that it is a third-party beneficiary of the Contract and that it did not waive its right to seek arbitration. The arbitration provision at issue here states in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of t...

Excerpt: ...tions 405.22 and 405.23. Plaintiff filed a supplemental brief and declaration of counsel Nolan, no reply was filed. In connection with an action to foreclose a mechanic's lien, a lis pendens must be recorded to provide constructive notice upon any subsequent purchasers or encumbrancers that the lien claimant has filed a foreclosure complaint within 90 days from the recording of the mechanic's lien. (Code Civ. Proc., S 8461.) The recording of the ...

Excerpt: ...eq.); (3) failure to give preliminary notice; (4) breach of contract; (5) negligence; (6) fraud and deceit; (7) unjust enrichment; and (8) violation of Penal Code section 496. The FAC alleges in pertinent part as follows: Plaintiff REP and Defendant DCC entered into a written agreement backdated to October 16, 2020 ("Contract") whereby DCC was to serve as the general contractor in connection with the construction project referred to as the pharma...

Excerpt: ...each of contract and negligence. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., S 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. Pr...

Excerpt: ...th a similarly named business, “Ellis Hospitality Services, LLC” and that that entity is the one that is or should be addressed in Plaintiff's complaint, along with its managing member “Tim Ellis,” and that instead of “Ellis Hospitality Group LLC” and “Jyoti Patel” have no relationship with Plaintiff. They cite Exhibit 12 to the Complaint, a Letter of Intent signed by the various Defendants named in this action, including “Ellis...

Excerpt: ...nd otherwise overruled the demurrer. Plaintiffs subsequently amended the complaint. Defendant now demurrers to the first cause of action for Elder Abuse in the First Amended Complaint arguing that the pleadings are insufficiently specific and do not set forth recklessness, malice, oppression or fraud. The Court disagrees. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary a...