Excerpt: ...xual advances. (Complaint ¶ 22.) Avilez alleges Cortez regularly groped and fondled her body in an unwanted sexual manner, made unwanted harassing comments of a sexual nature, and offered her $10,000 to go on vacation with him and have sex with him. (Id. at ¶ 23-24.) Avilez alleges that on August 12, 2022, Cortez groped her in front of Hildebrandt, her supervisor, who acknowledged seeing the conduct when Avilez complained to him, but took no ac...

Excerpt: ...thstand 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. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a pla...

Excerpt: ...ctor, 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, § 8412.) A mechanic's lien attaches to the property on which work of improvement was per...

Excerpt: ...ailed to join necessary party the La Residence Homeowners Association. Because it was unclear whether the HOA should be added as a nominal party, or whether it intended to intervene, the Court continued the hearing on this matter to allow counsel to meet and confer. Counsel have not taken this hearing off calendar or provided evidence that they met and conferred to resolve this matter. To withstand a demurrer the complaint must contain “a state...

Excerpt: ...k by a truck owned by Defendant U-Haul of Arizona, which was leased by Defendant Mary Mills and operated by Defendants Travis Alexis and Michael Mills. Decedent suffered severe injuries and died in the hospital. Plaintiffs allege negligence on the part of the Defendants. Plaintiffs noticed the deposition of Roehl's PMK and sent corresponding request for production. Libby Block, as PMK for Roehl, was deposed on January 24, 2023. During the deposit...

Excerpt: ...o such relief as part of this motion, it now seeks to have the Court reconsider its ruling raising arguments it could have raised at the hearing, had it sought one in conformity with the Local and Department rules. Notably, it does not appear that the failure to timely request argument in this case was excusable. Code of Civil Procedure section 1008, subdivision (a) provides in relevant part: When an application for an order has been made to a ju...

Excerpt: ...Hearing re: Demurrer on 1st Amended Complaint for Other Personal Injury/Property Damage/Wrongful Death Tort (Over $25,000) of GINO SCOPESI Tentative Ruling: Sustain with 20 days leave to amend as to the fourth cause of action per Health and Safety Code section 1430. HCR Manor Care Services, LLC, Doe 21, demurrer to the fourth cause of action in the First Amended Complaint arguing that it is not a licensee and therefore cannot be held liable under...

Excerpt: ...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 more m...

Excerpt: ...ntity or employees must first present a claim to the public entity, which must be acted upon or deemed rejected by the public entity. (Govt. Code, §§ 945.4, 950.2, 950.6(a).) To be timely, a claim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Govt. Code, §911.2.) If a plaintiff fails to file a government claim within the sixmonth period, he or she may apply to the public entity f...

Excerpt: ...es 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 Plaintiffs should be estopped from asserting that it may not enforce the agreement. 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: Any claim or dispute, whether in contract...

Excerpt: ...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: Any claim or dispute, whether in contract, tort or statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrabi...

Excerpt: ... 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.) The same liberal policy regarding amendment of pleadings applies as on sustaining demurrers. Therefore, as long as the defect is correctible, an amended pleading will usually be allowed. (Code Civ. Proc., §576; Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 168; Pri...

Excerpt: ...ranties, or representations of any kind must be filed in the courts within the state of Indiana.” In support of its motion, Defendant submitted the declaration of Dan Evans. Plaintiffs submitted four objections to the declaration of Dan Evans, submitted by Defendant with its moving papers. The Court sustains these objections. All of the evidence Defendant attempts to submit relating to the forum selection clause is not admissible. There is no c...

Excerpt: ...ive First Amended Complaint (“FAC”). Defendants' motion is based on the court's lack of subject matter jurisdiction, and alternatively, based on an official immunity, and insufficiency of Lamar's pleading. Moving Defendants have not met their burden to demonstrate they are immune from suit. Defendants specially appear to challenge the Court's lack of subject matter jurisdiction under the protection of sovereign immunity and the official immun...

Excerpt: ... Civ. Proc., §§473, subd. (a), 576, 422.10 [pleadings in civil action include answers].) “Leave to amend a pleading, including an answer, is entrusted to the sound discretion of the trial court.” (Hong Sang Market, Inc. v. Peng (2018) 20 Cal.App.5th 474, 488.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it has been held as an error to refuse permission to amend and where the...

Excerpt: ...Turner and DPP was in effect until August 12, 2022. Plaintiff seeks leave to remove allegations relating to its claims against the developer defendants, Coachillin and Kenneth Dickerson, and to add new allegations to support its claims for negligence and breach of fiduciary duty asserted against Turner and DPP. Plaintiff also proposes to include an additional cause of action against these defendants for constructive fraud (Civil Code, § 1573). P...

Excerpt: ...otions were to be heard. Oppositions to the motions at issue were required to be filed and served at least nine court days prior to the scheduled hearing per Code of Civil Procedure section 1005, subdivision (b). Further, the Court posted a tentative ruling for both motions on Friday November 23, 2022, granting the motions and stating that no oppositions had been filed. Plaintiff did not timely request oral argument per Local Rule 3316 or Rules o...

Excerpt: ...end after granting a motion for judgment on the pleadings. The Court indicated in its order granting the motion that Plaintiff appeared to seek tort damages for the damage to the leased property, and theft, and granted leave to amend on this basis. Accordingly, the new causes of action are within the scope of the Court's order granting leave to amend. The motion is denied. Page 3 of 4 4. CVPS2104820 NOROOZI vs GIBBS Hearing re: Demurrer Tentative...

Excerpt: ...y or create conflicting rulings on common issues. (Code Civ. Proc., § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference....

Excerpt: ...lisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (“Felisilda”), it may enforce the arbitration provision in the Contract, or that Gonzalez should be estopped from asserting that it may not enforce the agreement. 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: Any claim or dispute, whether in contract, tort or statut...

Excerpt: ...y 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 issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, [or] that there is no merit to a claim for damages. . .” (Code Civ. Proc., § 437c(f)...

Excerpt: ...ction, otherwise overrule. 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. William S. Hart Union High School Dist. (2012) 53 Cal...

Excerpt: ...of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.” (Code Civ. Proc., § 391(b)(2).) The term “repeatedly” refers “to a past pattern or practice on the part of the litigant that carries the risk of repetition in the case at hand.” (Holcomb v. U.S. Bank, Nat. Ass'n (2005) 129 Cal.App.4th 1494, 1505.) “Although section 391, subdivi...

Excerpt: ...ce of a dangerous condition, Plaintiff was negligent, and that she had no duty to eliminate a trivial hazard. The Court finds disputed issues of material fact preclude 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., § 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...

Excerpt: ...e 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., §128.7; Murphy v. Yale Materials Handling Corp. (1997) 54 Cal.App.4th 619,623; see also Code Civ. Proc., § 128.5 [authorizing the imposition of sanctions “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of acti...