Excerpt: ...on‐party dealer, Jeep Chrysler Dodge of Ontario. (Complaint, ¶ 10; Declaration of Ali Azemoon in Support (“Azemoon Decl.”), ¶ 2, Exhibit A.)1 The Vehicle was backed by various warranties. (Complaint, ¶ 11.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warranty period and that FCA and its representative were unable to repair the Vehicle after a reasonable number of attempts. (Complaint, �...

Excerpt: ...th in Civil Code § 3294. (Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1147‐1148.) A motion to strike is the proper vehicle to attack a punitive damage claim where facts alleged may not rise to the level of fraud, malice or oppression. (CCP §§ 435‐436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Plaintiffs may recover exemplary or punitive damages where it is proven that “the defendant has bee...

Excerpt: ...e)(2); Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [citing Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 1998) §§ 7:275 & 7:322].) A motion for judgment on the pleadings “attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed” and “[p]resentation of extrinsic evidence is therefore not proper on a motion for judgment on the pleadings.”...

Excerpt: ...lth Center (erroneously sued as Fleur Women's Heath) (“Fleur”) (together, “Defendants”). Plaintiffs allege that on September 28, 2020, Dylan began treating at Fleur for prenatal care. (SAC, ¶ 9.) A fetal non‐stress test was administered on April 12, 2021 and on April 19, 2021 (one day after Dylan's estimated date of delivery). (SAC, ¶ 9.) Although the test was not reassuring and Dylan was a high‐risk patient, the test was not repeat...

Excerpt: ...ge Electronic Registration Systems, Inc. (MERS) unlawfully assigned the Note and DOT to HSBC Bank USA, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass‐Through Certificates, series 2007‐14 (HSBC). Plaintiffs allege that the assignment is void, and that MERS did not have standing to make the assignment. Plaintiffs allege that on 12/8/16, Defendant, Wells Fargo Bank, N.A. (Wells Fargo) unlawfully substituted Defendant, Cle...

Excerpt: ...r requesting that a discovery referee be appointed for depositions at Plaintiff's expense. Defendant alleges that Plaintiff's counsel, Bruce Schecter, during the depositions of Plaintiff, Deputy Dave Tortez and witness Cynthia Taylor would coach Plaintiff what to say, would make improper objections, instructed clients to not answer, and be combative with defense counsel. In opposition to the ex parte, Plaintiff discusses the procedural history re...

Excerpt: ...treatment that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximat...

Excerpt: ... GTOK for the purpose of manufacturing cosmetic products. Conor understood GTOK's intended use and informed it that the buildings were suitable to cosmetic manufacturing and there were no environmental impediments. The property was formerly operated as a landfill and Plaintiffs learned that it was contaminated by the City of Corona's use. City approved permits, but avoided involving the County's Department of Environmental Health. When GTOK's ass...

Excerpt: ...gree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaint...

Excerpt: ...ace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court. Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a supe...

Excerpt: ...oner is an unincorporated association made up of current residents of the City. (Petition, ¶ 7.) Bogert, who passed away in 2009, first served as an appointed mayor from April 1958 to January 1966 and became the City's first directly‐elected mayor in 1982, serving until 1988. (Id., ¶¶ 11‐12.) In March 1990, the City placed a bronze statue of Bogert sitting astride a horse at City Hall (the “Statue”). (Id., ¶ 15.) The Statue, which was...

Excerpt: ... the challenged causes of action, and make unnecessary disparaging comments concerning Plaintiffs' counsel. As discussed below, the FAC sufficiently alleges the challenged causes of action. 2nd Cause of Action for Nuisance A nuisance is broadly defined as a nontrespassory interference with the use and enjoyment of land. (San Diego Gas & Elec. Co. v. Sup. Ct. (Covalt) (1996) 13 Cal.4th 893, 937.) A nuisance may be public, private, or both. (Adams ...

Excerpt: ...21, the Summons and Complaint were served on Defendants via substituted service. On February 9, 2022, the Clerk entered Default against all Defendants. On July 25, 2022, Plaintiffs filed a Request for Default Judgment, which is pending before the Court. *** Defendants now move to set aside the Default entered against them on the grounds that it was entered through mistake and gross misconduct and negligence of their prior legal counsel in violati...

Excerpt: ...atement of Undisputed Material Fact [“PSSUMF”] ¶ 13.) As Plaintiff allegedly laid face down bleeding, Defendant rode past her and said “How does that feel, Teresa?” (Id. at ¶ 7.) Plaintiff allegedly begged Defendant for help but Defendant ignored Plaintiff and continued riding. (Id.) On November 19, 2018, Plaintiff filed a request for civil harassment restraining order against Defendant based on the above incident. (Id. at ¶ 1.) The co...

Excerpt: ... The leased premises are a skilled nursing care facility and a residential care facility (RCFE). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute (CPA) and Corona RCFE, LLC (RCFE) (Assignment). Also on this date, Versacare and CPA entered into the Third Amendment to the Amended and Restate Facility Lease Agreement. The Assignment provided that in the event CPA and Corona RCFE did not receive adequate facility licensure ...

Excerpt: ... Code Civ. Pro. § 2031.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clemen...

Excerpt: ...tween the same parties or parties in privity with them.' Claim preclusion arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” Id. If claim preclusion applies, it bars litigation of said causes of action. Id. “Issue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different cau...

Excerpt: ...ept as true their contents. (Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) I'm not sure how relevant the information is, but Defendant does not oppose the request. GRANT. III. Evidentiary Objections Plaintiff objects to facts outside the four corners of the pleading. The objection is valid because such extrinsic facts cannot be considered on a demurrer. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App....

Excerpt: ...issues. CCP §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. Cal. R. Ct. 3.1330; see Condee v. Longwood Mgmt. Corp. (200...

Excerpt: ...ill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaintiff.” (J...

Excerpt: ...ff alleges that beginning in 2013, Employer's Senior Vice President, Defendant Robert T. Perez (“Perez”) began harassing Plaintiff. Plaintiff alleges that Perez made inappropriate sexual comments to Plaintiff, asked her for dates and touched and caressed her on multiple occasions. Furthermore, Perez allegedly sent emails containing naked pictures of his genitals. Plaintiff asserts that she felt she would be terminated if she complained. Plain...

Excerpt: ...2018, at an advanced stage of construction, Eze expressed concern to building inspector, Michael Almandinger (“Building Inspector”) that electric power lines were dangerously close to the open second‐story terrace, exposing his family to radiation. Eze suggested putting a cover, i.e., patio deck, to minimize radiation exposure. (Petition, ¶ 11.) The Building Inspector advised Eze that he will have to provide an approved plan or get a varia...

Excerpt: ... of Christopher Bowen. Defendant further asserts almost the entirety of the requests are Page 8 of 9 procedurally improper, vague/confusing/unintelligible and/or ask for explanations of prior discovery responses or pleadings. Defendant contends Plaintiff's separate statement is procedurally improper and requests sanctions in the amount of $4,680 for having to oppose this Motion. The Reply reasserts many of the same arguments made in the moving pa...

Excerpt: ...sham pleading doctrine, a plaintiff cannot avoid allegations that are determinative to a cause of action simply by filing an amended complaint which omits the problematic facts or pleads facts inconsistent with those alleged in the original complaint. The doctrine precludes a plaintiff from amending a complaint to omit harmful allegations without explanation, from previous complaints to avoid attacks raised in demurrers.” (Tindell v. Murphy (20...

Excerpt: ...irements. These documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4t...