Excerpt: ...e constitution in connection with an issue of public interest. (CCP §425.16(e); Equilon Enterprises v. Consumer Cause (2002) 29 Cal.4th 53, 67.) The act which forms the basis for the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76‐78.) A defendant may meet this burden by showing that the act which forms the basis for the plainti...

Excerpt: ...th Lisa Cruz's Chevy Silverado. Plaintiff was Cruz's insurer. On June 7, 2021, Plaintiff served Request for Admissions Set One on Defendant through counsel. Counsel agreed to various extensions and Defendant's responses were due December 10, 2021. Defendant served unverified responses on December 8, 2021. As of the filing of the instant motion, Plaintiff had not received any verifications. Plaintiff now brings the instant motion to deem the truth...

Excerpt: ...tion made available to Seelig, within 20 days. However, as noted below, the Court finds that the fact that some information was shared with Seelig does not waive privilege as to all Notes from all meetings. Any information that was not disclosed to Seelig is protected and need not be disclosed. The Court denies the request for sanctions. Factual / Procedural Context: Underlying Facts Plaintiff Corona Community Villas (“Plaintiff” or “CCV”...

Excerpt: ...tains the demurrer as to the first cause of action, negligence, with 20 days leave to amend. The Court sustains the demurrer without leave to amend as to the Negligent Hiring and Supervision cause of action. Factual / Procedural Context: This is a personal injury action brought by plaintiff Wilson Randall (“plaintiff” or “Randall”) against defendant State of California, by and through the California Highway Patrol (“defendant” or “S...

Excerpt: ...rt finds reasonable. Factual and Procedural background: Plaintiff Gladys Guzman alleges she is a 58‐ year old Asian woman who was employed as a District Manager by defendant Zale Delaware Inc. (“Zales”) for over 20 years when she was terminated from her employment on 7/21/20. Plaintiff alleges that starting in 2017, defendants began promoting a new target demographic for its stores and sought to layoff older employees. Plaintiff alleges she...

Excerpt: ...ion with their Motion for Relief from Waiver, they are ordered to provide responses at this time. If Plaintiff challenges any of the responses, he may file a new motion to compel after a good faith effort to meet and confer. As to the Corporate Defendants, the RFPs seek privacy‐protected documents and are not narrowly tailored. The Corporate Defendants are ordered to provide further responses to the RFPs, but limited to loan documents, loan agr...

Excerpt: ...iff, whose left hand had been amputated in 2015, alleges that Defendant discriminated against him based upon his disability and retaliated against him when he sought reasonable accommodation. (Complaint, ¶¶ 12‐21.) The Complaint sets forth eight causes of action: (1) disability discrimination; (2) failure to engage in interactive process; (3) failure to accommodate; (4) retaliation; (5) failure to prevent discrimination and retaliation; (6) n...

Excerpt: ... Lender Mechanics Bank and Hudson Insurance Company alleging causes of action for: 1) Violations of Song‐ Beverly Consumer Warranty Act, Civil Code Section 1790, et seq.; 2.) Violations of Consumer Legal Remedies Act at Civil Code Section 1770, et seq.; 3.) Deceit; 4.) Negligent Misrepresentation; 5.) Violation of Unfair Competition Law, B& P Code Sections 17200, et seq.; and 6.) Bond Liability. Plaintiffs filed Doe amendments including naming ...

Excerpt: ...anty); and violation of SongBeverly (implied warranty of merchantability). They allege that their 2020 Chevy Traverse was defective due to an inoperable backup camera and infotainment system. Plaintiff moves to compel further responses to Request for Production on the grounds that Defendant failed to provide code‐compliant responses, failed to provide a privilege log, provided improper objections, and failed to produce documents it agreed to pr...

Excerpt: ...rcial lease (“Lease”) for the Subject Property. the leased premises are a skilled nursing care facility and a residential care facility. 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 ...

Excerpt: ...d the decedent's death for prescribing double the dose of the medication decedent was taking. Defendants now move for summary judgment, alternatively summary adjudication. The operative First Amended Complaint (“FAC”) alleges that, in August 2019, the decedent sought virtual care through the services of Defendant Teladoc Health, Inc., which put decedent in touch with Dr. Narasimhan, a psychiatrist, for a video consultation. (FAC, ¶16.) At th...

Excerpt: .../20 alleging causes of action for public nuisance, unpaid administrative fines and declaratory relief. Defendant Alex filed this Motion seeking leave to file a cross‐complaint. He contends that he originally tried to file his cross‐complaint with his answer on 2/5/21 which was accepted but not acknowledged by the Court as it was contained in the answer and titled a counter‐complaint. He contends that after a discussion with the Court on 8/1...

Excerpt: ...t, but counsel instructed the PMK to not answer questions. She argues evidence of billed but unpaid medical bills is relevant to prove or disprove the reasonable value of past medical bills, only if the bills are actually incurred. She contends that there is no information to demonstrate whether a trade secret value is outweighed. Mission argues that the subpoena is overbroad, burdensome and harassing. It argues that this involves financial priva...

Excerpt: ...he prayer, as well as strike the words “reckless, oppressive, and malicious” in the complaint. The court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc., § 436.) As to the punitive damages claim To support a demand for punitive damages under Civ. Code §3294, a plaintiff must plead and prove facts demonstrating malice, oppression or fraud as defined in Civ. Code §3294(c). The mere ...

Excerpt: ...endants' demurrer, Plaintiff filed the First Amended Complaint (FAC) on 7/13/21. The FAC asserts: (1) negligence (against all); (2) negligent supervision (against all); (3) negligent hiring/retention (against all); (4) negligent failure to warn train or educate (against all); (5) constructive fraud (Civil Code §1573) (against all); (6) breach of fiduciary duty (against all); (7) intentional infliction of emotional distress (against all); (8) sex...

Excerpt: ...rand Cherokee (the “Vehicle 1”). (Complaint, ¶ 15.) As part of the transaction, Plaintiff traded in a 2017 Fiat 500 for a $5,000 trade‐in allowance, and the amount owed on the Fiat, $13,354.91, was rolled into the cost of the Vehicle. (Id., ¶ 15.) However, soon after the transaction, Moss Bros cancelled the lease but failed to return Plaintiff's trade‐in vehicle, claiming that it no longer had possession of the Fiat. (Id., ¶ 16.) On No...

Excerpt: ...AC”) on November 12, 2021 against defendants Jim Carter (“Carter”) and Geraldine Escalante (“Escalante”) (together, “Defendants”). Plaintiffs allege that on April 27, 2021, their small 11‐year old dog, Roscoe, wandered onto property located in Canyon Lake owned by Escalante and at which Carter resides. (FAC, ¶¶ 17‐19, 21.) Although Carter knew that Roscoe was well‐groomed, friendly and wearing a collar, Carter – without pr...

Excerpt: ... Landmark failed to fulfill its contractual obligations to construct the projects in a quality, timely and cost‐efficient manner in accordance with the requirements of the contracts. The parties agreed to modifications of the completion date and cost, but Plaintiff alleges Watkins Landmark still did not complete any of the projects on time. (Comp. ¶25.) On February 10, 2020, PEC filed a Complaint in San Diego Superior Court against JL Hotels, ...

Excerpt: ... [“Alexander Decl.”], Ex. A, Lease Agreement, secs. 1.4, 1.9.) Plaintiff has been operating its health club and fitness facility at the leased premises since May of 2010. (Alexander Decl., ¶4.) On March 04, 2020, Governor Newsom declared a State of Emergency as a result of the Covid19 Pandemic. (Request for Judicial Notice in support of Motion [“Plaintiff's RJN”], Ex. 5.) Subsequently, on March 19, 2020, the governor issued the “stay�...

Excerpt: .... Arbor reconveyed the lien without recording the deed of trust. Plaintiff filed this action on 3/5/21, and after Defendant demurred filed the First Amended Complaint (FAC) as a matter of right on 10/4/21. The FAC asserts: (1) breach of contract (against all); (2) breach of the implied covenant of good faith and fair dealing (against all); (3) negligence (against Arbor); (4) impression of an equitable lien (against Acosta and Prosperity); (5) pro...

Excerpt: ...rocal Easements (“CC&Rs”) to govern the development, subdivision, improvement, sale, lease, and conveyance of interests in the property. The CC&Rs provide for non‐exclusive perpetual easements appurtenant to each tract and parcel within the property for “ingress, egress, driveway use, parking, loading and unloading of commercial and other vehicles, and otherwise for the enjoyment, comfort and convenience of customers, invitees, licensees,...

Excerpt: ...ployer(s) discriminated and harassed her on the basis of sex or gender, race, national origin, age, disability and pregnancy. It appears that at least some acts of discrimination or harassment were allegedly committed by Defendants' employee, Defendant Amoreena Leyva (“Leyva”). Magnolia Grand was sold to Defendant Cascade Living Group (“Cascade”) while Plaintiff was on pregnancy disability leave, at which point Plaintiff was terminated. O...

Excerpt: ...provements Project for Limonite at I‐15. Defendant So. Cal Traffic, Inc. was a subcontractor on the project, contracted with to provide traffic control for work on the Project. As part of the subcontract, So Cal Traffic agreed to indemnify Atkinson for claims arising out of So. Cal Traffic's performance under the subcontract. Atkinson has filed a cross‐complaint against So. Cal Traffic and other cross‐defendants, alleging causes of action f...

Excerpt: ...t GM is withholding responsive documents. DENY the motion as to RPD Nos. 10 and 42. Factual / Procedural Context: Plaintiff, Roberto C. Ramirez Avila, alleges that on 8/31/17, he purchased a 2017 GMC Terrain manufactured by Defendant, General Motors, LLC (GM). He alleges that during the warranty period, the vehicle contained or developed defects to the body system, transmission system, mechanical system, and emission system. He alleges that GM an...

Excerpt: ...ims which are insufficiently alleged in the second amended complaint. Plaintiffs shall file their amended pleading within 20 days. Factual / Procedural Context: Plaintiffs Carl Pongs (“Pongs”) and Richard Moslenko (“Moslenko”) (collectively, “plaintiffs”) allege they are minority shareholders of the Gage Canal Company (“Gage”), a mutual water service company, and that the majority shareholder, defendant City of Riverside (City), i...