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: ...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: ...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: ...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: ...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: ... 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: ... 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...