Excerpt: ...tiff claims that there are additional improper charges included in the memorandum of costs, or charges that were miscategorized. As an initial matter, the Court rejects Plaintiff's unsupported contention that the Court lacks jurisdiction to award costs after an appeal is filed. That is not correct. (Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1052; Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 461.) Further, there is no bas...

Excerpt: ...Court reconsider its ruling based on an argument Plaintiff claims to have raised at oral argument on the demurrer, but which was not included in Plaintiff's opposing papers, specifically that Plaintiff has a right of privacy under Article I section 1 of the California Constitution to be free from unwarranted medical toxins and the excessive use of force, citing Hill v. National Collegiate Association (1994) 7 Cal.4th 1, 8. Plaintiff argues that i...

Excerpt: ...ectuate 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 Pelton 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 d...

Excerpt: ... in El Dorado Hills, California. Plaintiffs allege in their Complaint that they are residents of Sacramento County and that they lived in the property at issue here for 17 years. (Complaint ¶ 1.) They further allege that all business was conducted in El Dorado County and that venue is proper in El Dorado County. (Complaint ¶ 18.) Defendants Boudier and Dance Hall Investors move to change the venue of the present action from Riverside to either ...

Excerpt: ...ifically, at the deposition Gunberg was asked to locate certain portions of Plaintiff's heart on an ultrasound image. While Gunberg pointed to the portions at issue, his counsel instructed him not to label the ultrasound images. Plaintiff argues that it is entitled to nonverbal answers – like labeling an ultrasound image. He argues the information sought is not privileged or private information. He contends that the questions pertain to relevan...

Excerpt: ...leges causes of action for (1) defamation, (2) invasion of privacy, and (3) declaratory relief‐ tort of another. Solis alleges that Madison made false statements in its insurance claim to Plaintiff Federal Insurance Company, that Solis had embezzled cash payments from Madison's patients and manipulated records to cover up his fraud, and Madison was thereafter paid on its claim by Federal Insurance Company in the amount of $260,234.50. (SACC, ¶...

Excerpt: ... of the following: [¶] (1) A statement that the party will comply with the particular demand…. [¶] (2) A representation that the party lacks the ability to comply with the demand…. [¶] (3) An objection to the particular demand…. (Code Civ. Proc., §2031.210(a)(1)‐(3).) Where a response to request for document has been made, which the demanding party deems unsatisfactory, the demanding party may move to compel further responses on follo...

Excerpt: ... argues that at the time of the accident, Hernandez and Corona were “going and coming” and not in the course and scope of their employment such that MOC is entitled to judgment as a matter of law. The Court disagrees and finds that the existence of triable issues of material fact preclude summary judgment or adjudication. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. ...

Excerpt: ...rrer as to the entire Complaint as it pertains to Plaintiff Damien Garcia, who is listed in the caption and signature block but whose name does not appear in the body of the Complaint. Defendants demurrer as to the other named Plaintiffs only as to the sixth and ninth causes of action alleging that these causes of action fail to state a sufficient cause of action. To withstand a demurrer the complaint must contain “a statement of the facts cons...

Excerpt: ...or fees incurred in proving at the arbitration the truth of matters that they claim Defendant unreasonably denied. Specifically, proving matters addressed in Requests for Admission numbers 8, 58, 69, which state as follows: (1) RFA No. 8: Plaintiff asked Defendant to “[a]dmit that on at least one occasion during the LEASE PERIOD, YOU were notified in writing of at least one Mold or Mildew (common definition) CONDITION at the PROPERTY.” (2) RF...

Excerpt: ...t. Cross‐Complainant argues that the inadvertent typographical error identifying River Falls, LLC as a corporation does not express the intent of the parties. Cross‐ Complainant argues that the parties intended that Notes and Deeds of Trust that are the subject of this litigation would accurately identify the business classification for the lender, River Falls, LLC. Cross‐Defendant argues that River Falls, LLC was always a limited liability...

Excerpt: ...pel arbitration. Upon the petition of a party to an agreement to arbitrate, a court must compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Code Civ. Proc., § 1281.2.) A proceeding to compel arbitration is in...

Excerpt: ...ive damages allegations. Plaintiff was not otherwise granted leave to amend the operative complaint. Nevertheless, a review of the Second Amended Complaint filed by Plaintiff reflects that Plaintiff made numerous unauthorized amendments with the intent to avoid this motion and in direct defiance of this Court's order of November 4. Plaintiff did so even though a motion to amend to make these additional changes was pending. For example, Plaintiff ...

Excerpt: ...onnection with an alleged wrongful foreclosure of their home in El Dorado Hills, California. Plaintiffs allege in their Complaint that they are residents of Sacramento County and that they lived in the property at issue here for 17 years. (Complaint ¶ 1.) They further allege that all business was conducted in El Dorado County and that venue is proper in El Dorado County. (Complaint ¶ 18.) Defendants Boudier and Dance Hall Investors move to chan...

Excerpt: ...ant, false, 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 First Amended Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression...

Excerpt: ...in violation of Government Code section 12955; (3) retaliation in violation of Government Code section 12955; (4) intentional infliction of emotional distress; (5) violation of the Bane Act; (6) violation of the Ralph Act; and (7) violation of Unruh Act. Defendant Bressier and Casenhiser Inc. demurrer to the only causes of action stated against it, i.e., the first, second, third, fourth, and seventh causes of action. The Court agrees that these c...

Excerpt: ...d as a result of negligence while he was a resident at ManorCare, Defendant's skilled nursing facility. Plaintiffs allege that Plumhof suffered multiple pressure injuries and multiple infection, including septic shock, as a result of ManorCare's neglect. (Complaint, ¶¶ 17, 20‐22, 29.) Plaintiffs allege Plumhof died on May 20, 2021 as a result of ManorCare's negligence and neglect. (Id. at ¶¶ 47‐49.) The Complaint sets forth four causes of...

Excerpt: ...ion (promissory estoppel). Defendants do not demurrer to the sixth cause of action for private nuisance brought only by Plaintiff LaRue. 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 par...

Excerpt: ...filed the Complaint in this matter on August 8, 2022. Hansen graduated from Rancho Mirage High School in 2020 and was over the age of 18 at all relevant Page 7 of 8 times. He alleges that Cundari, a high school theater teacher, approached him in May 2021 and asked him to be the lead in an upcoming theater production. (Complaint, ¶¶ 7‐8.) Cundari gave Hansen his telephone number and asked him to keep their communications and friendship a secre...

Excerpt: ...e Court cannot find that Mack has met his burden, and therefore must deny the motion. 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 c...

Excerpt: ...s claims against the remaining “Realtor Defendants.” The Realtor Defendants oppose this motion, arguing that severing the claims will prejudice them because they intend to file a cross‐ complaint against Coachillin' and Dickerson, and that this will run afoul of the one‐judgment rule. The Court disagrees. Code of Civil Procedure section 579 provides that “[i]n an action against several defendants, the court may, in its discretion, rende...

Excerpt: ...covery process. (Code Civ. Proc., §§ 2023.030(d), 2030.300(e).) Terminating sanctions can take the form of (1) striking out the party's pleading or part thereof; (2) staying further proceedings by that party until he or she obeys the court order; (3) dismissing that party's action, or any part thereof; or (4) rendering default judgment against that party. (Code Civ. Proc., § 2023.030(d).) Terminating sanctions are appropriate where there is a ...

Excerpt: ...days. The Court has sustained several prior demurrers in this case, the last one with leave to amend to allege a new cause of action to set aside foreclosure. Defendants now generally demurrer to Plaintiff's Fourth Amended Complaint, and each cause of action therein, on the grounds that the it fails to state facts sufficient to constitute either a quiet title action or an alleged “set aside” cause of action. Defendants also assert that Plaint...

Excerpt: ...rted 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 First Amended 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 support a punitive�...

Excerpt: ...tronic service to Plaintiff's counsel. (Ekblad Decl., Ex A.) And the day before the deposition, Page 4 of 6 Defendant's counsel emailed several attorneys at the firm representing Plaintiff to confirm the deposition and provide the link for remote deposition to be held via Zoom. (Ekblad Decl., ¶ 5, Ex C.) Even at that time, Plaintiff's counsel did not respond to explain that there was confusion about the deposition date. Instead, Defense counsel ...