Excerpt: ... no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as t...

Excerpt: ...n is supported by an expert declaration from Dr. Andrew Wachtel, which opines that Dr. Beaty met the applicable standard of care. The Court finds that there are triable issues of material fact precluding summary judgment. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment bears the in...

Excerpt: ...ion is denied as to the first cause of action for failure and refusal to provide urgently needed medical care. The motion is granted as to the second cause of action for negligence and third cause of action for abuse of a dependent adult. The motion is granted with 30 days leave to amend as to the fourth, fifth, and sixth causes of action, for violations of the ADA, Unruh Act, and intentional infliction of emotional distress, respectively. To the...

Excerpt: ...erts that she has been requesting deposition dates from opposing counsel for some time. A prior motion on this same issue was denied as untimely. The motion here is timely, but there is no basis articulated in the motion to compel these depositions. Plaintiff has not pleaded or provided evidence that she has noticed depositions, such that she may move to compel appearance under Code of Civil Procedure section 2025.450, nor does she assert that sh...

Excerpt: ...vious concerns regarding the 4th and 5th causes of action. Here, the Second Amended Complaint alleges in pertinent part: • Plaintiffs purchased a 2009 VW Passat from Defendant Volkswagen, which was delivered to Plaintiffs with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including but not limited to electrical, engine and brake defects. Page 3 of 5 • The car was delivered ...

Excerpt: ...ion for wrongful death for the following reasons:  Defendants were not a proximate cause of decedent's fatal injuries.  Defendants had no duty to prevent the conduct of Jose Medina in contributing to decedent's fatal injuries.  Defendants Valley Pride, Inc., Desert Mist Farms, LLC and Diamante Ranch, LLC did not fail to use reasonable care to keep the premises in a reasonable safe condition, fail to use reasonable care to discover any un...

Excerpt: ... no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as t...

Excerpt: ...aranty. The loan guaranty was executed by both Dina and her then spouse, Cross‐ Defendant Vsevolod Okhrimovski, who was dismissed as a defendant in INC1304735. Defendant/Cross‐ Complainant Butler Capital, Inc., the assignee of the default judgment against Dina, responded to Dina's Complaint with an unsuccessful anti‐SLAPP motion and demurrer before filing this Cross Complaint for fraud, constructive fraud, aiding and abetting fraud, intenti...

Excerpt: ...uted or undisputed. As a self‐represented litigant Defendant Hajj is entitled to the same, but no greater consideration, than an attorney or represented litigant, and she must comply with the rules of court to the same extent as an attorney would be required to do. (In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830; County of Orange v. Smith (2005) 132 Cal.App.4th 1434, 1444.) For each disputed fact in her original separate state...

Excerpt: ...he Agreement was made between JFK Memorial Hospital and Lifschutz in August 2015. JFK is a nonparty. By the Agreement, Lifschutz released claims against JFK and affiliates. There is no dispute that the Cross‐Complaint “arises from” protected activity and that Code of Civil Procedure section 425.16 applies. The question at issue is wither DRMC can demonstrate a probability of prevailing on the merits. The Court finds that it cannot. A cause ...

Excerpt: ... Plaintiff alleges that in or about 2017 the home owners' association, Defendant here, proposed through its board of directors an amendment to the CC&Rs that would prohibit short‐term rentals. Plaintiff objected to this amendment to Section 2.3 of the CC&Rs prohibiting rentals of fewer than 30 days, and now claims that she is entitled to declaratory relief. In her First Amended Complaint, Plaintiff prayed for the following: “For an order decl...

Excerpt: ...emurrer is directed to the first through third causes of action for, respectively, sexual battery, battery and assault. These causes of action are based upon both a respondeat superior and direct liability theory of recovery. (See, e.g. TAC ¶¶ 53, 55.) With the exception of a sexual assault on a member of the public by an on‐duty police officer, an employer cannot be held liable for sexual assault based upon respondeat superior. (Myers v. Tre...

Excerpt: ...liance alleges that because Article III section 3.15 of the CC&R's allows members of the HOA to lease their lots but does not place any restriction on the length of the lease, any restriction on the length of a lease must be enacted pursuant to CC&Rs, Article IX, section 9.05(a)(4)(e) by amendment of the governing documents approved by 67% of the members and 51% of the eligible mortgagees, not by the HOA's adoption of a rule. Plaintiff Alliance m...

Excerpt: ...nding at least two years without having been brought to trial or hearing.” (Code Civ. Proc., § 391(b)(1).) A “vexatious litigant” may also be a person who: “[a]fter a litigation has been finally determined against the person repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the...

Excerpt: ...use the fact that plaintiff filed an amended complaint to attack claims that appeared in a prior complaint. (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637.) The anti‐SLAPP statute “‘is not a vehicle for a defendant to obtain a dismissal of claims in the middle of litigation; it is a procedural device to prevent costly, unmeritorious litigation at the initiation of the lawsuit.' [Citation.] To minimize ...

Excerpt: ... their face, a legal claim to title that is premised on Johnson's allegations that various individuals have competing title claims but that he acquired title by adverse possession. The Third Cause of Action for fraud, however, is premised on protected petitioning activity. The Third Cause of Action specifically alleges that the fraudulent representations at issue were made by way of the First Amended Complaint filed by Defendants Humphrey and Wat...

Excerpt: ...action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal...

Excerpt: ...wing the requesting party his or her day in court. Here, Bodde declares she was never personally served with the complaint and first learned about this case when she received the request for entry of default on or about July 31, 2018. Bodde immediately went to the court to obtain copies of the lawsuit. Because she did not have legal training she attempted to set aside the default via an ex parte application, which the court denied on August 2, 20...