Excerpt: ...of its anti-SLAPP. An appeal from an order denying an ant-SLAPP moton divests the trial court of jurisdiction to conduct any "further trial court proceedings on the merits upon the causes of action affected by the motion." (Varian Med. Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 192-193.) "In determining whether a proceeding is embraced in or affected by the appeal, we must consider the appeal and its possible outcomes in relation to the...

Excerpt: ...n defects that Defendant was aware of and failed to disclose. (SAC "16-70.) Plaintiff provided her vehicle to Defendant and its representatives but they were unable to repair the vehicle.(SAC 73-76, 89.) The Court previously sustained the Demurrer to the Fraud cause of action in the FAC finding: The Demurrer to the fraudulent concealment cause of achon is sustained on the grounds that Plaintiff has failed to allege the misrepresentations with suf...

Excerpt: ... motor vehicle. (Complaint at '1 27.) Plaintiff further alleges Defendant Jimenez Monterosa knew he was intoxicated and impaired such that he could not safely drive without putting others at a great and foreseeable risk of severe harm, and despite knowing this, he callously disregarded the safety of others and drove his vehicle at an excessive rate of speed, failing to slow or stop for red lights, while using his cell phone. (Complaint at 27-28.)...

Excerpt: ...rts have inherent power to 'take appropriate action to secure compliance with... orders, to punish contempt, and to control its proceedings" (Vidrio v. Hernandez (2W9) 172 Cal.App.4th 1443, 1445.) Code of Civil Procedure section 1211 provides that, "When the contempt is not committed in the immediate view and presence of the court an affdavit shall be presented to the court or judge of the facts constituting the contempt...." (Code Civ. Proc., S1...

Excerpt: ...rous condition of public property on the grounds it fails to state a cause of action under Gov. Cade 5835. Defendant asserts that the Complaint fails to state facts sufficient to show that the accident was caused by a dangerous condition of public property. Further, Defendant assert that under similar facts the court in Plattner v. City of Riverside (1999) 69 Cal. App. 4th 1441, expressly held a city has no duty to maintain a streetlamp at a cros...

Excerpt: .... Motions to strike can be used to attack the entire pleading, or any part thereof. CCP S 435(b). As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. CCP S 437(a). "[T]he court treats as true the material Page 6 of 10 facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged." Washi...

Excerpt: ...xceed the time and mileage limitations of the other warranties. (99.) Plaintiffs allege the vehicle was delivered with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, the suspension, steering, and electrical system. (910.) Plaintiff filed the operative Complaint on 3/2/23 alleging violations of the Song-Beverly Act: (1) breach of express warranty; (...

Excerpt: ...warden summit Homeowners Association ("HOA"). The Bodewins allege the subject property is landlocked, with the north, east and southern boundaries shared with homes owned by HOA members. To the west, the property is bordered by Bodewin Court, a private street owned by the HOA, and which the Bodewins contend is the only point of access to the subject property. The City had previously used the property as a water reservoir and held limited easement...

Excerpt: ...yesaha Kimble and William Hillard (collectively "Plaintiffs") allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity ("APA") and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regents") was aware of APA's history of hazing and its employee/agent, Edkpeju Ed E-Nunu ("E-Nunu"), was himself an APA member and helped recruit members, including Tyler,...

Excerpt: ... pleading or pretrial conference order." (CCP 5576.) Since judicial policy favors the resolution of all disputed matters between the parties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[T]here has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does ...

Excerpt: ...o be sold to Plaintiffs the Vehicle without disclosing that the Vehicle and its transmission was (sic) defective and susceptible to sudden and premature failure." (ld., '1 37.) The Complaint alleges that Ford "acquired its knowledge of the Transmission Defect prior to Plaintiffs acquiring the Subject Vehicle, through sources not available to consumers such as Plaintiffs, including but not limited to pre-production and post-production testing data...

Excerpt: ... a medical practitioner who had permission from Defendant Eisenhower Medical Center ("EMC") to perform the invasive procedure on their premises Said suture caused a severe and lasting systemic infection which resulted in years of medical complications for the plaintiff. Plaintiff Gard has suffered medical expenses and pain and suffering as a direct result of the alleged negligence of Dr. llbeigi and EMC. Plaintiff filed a Complaint on June 2, 202...

Excerpt: ...ative and awyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interference; (6) economic in...

Excerpt: ...o the PSA agreement. It argues that SEQ had full knowledge and ratified GKL and Left's conduct. The evidence provided regarding alter ego does not support this argument. "Ordinarily, a corporation is regarded as a legal entity separate and distinct from its stockholders, officers and directors. under the alter ego doctrine, however, where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circum...

Excerpt: ...aranty to secure PWP's obligations. On September 15, 2020, Plaintiff filed its complaint alleging 13 causes of action: 1) Breach of Contract; 2) Goods Sold and Delivered/Agreed Price; 3) Open-Book Account; 4) Account Stated; 5) Breach of Personal Guarantee; 6) Breach of Contract; 7) Goods Sold and Delivered/Agreed Price; 8) Open-Book Account; 9) Account Stated; 10) Breach of Contract; 11) Goods Sold and Delivered/Agreed Price; 12) Open-Book Accou...

Excerpt: ...nt paramedics, agents and/or employeesl of Defendant American Medical Response Ambulance Service, Inc. ("AMR"), arrived to his assisted living facility, loaded him onto the gurney, and rolled him outside. As Defendants were attempting to put Plaintiff in the ambulance, Plaintiff contends they lost control of the gurney, and/or the gurney malfunctioned, causing it to flip over to the right. Plaintiff alleges he struck the ground with the right sid...

Excerpt: ...terprise Rent-A-Car ("ERAC-LA") negligently entrusted a rental vehicle to Defendant Josue Ayala Flores ("Mr. Ayala" per moving papers) who they allege caused an automobile accident while driving that vehicle that resulted in the death of their daughter, Decedent Chelsea Dringenberg, and her unborn baby. Also named as a defendant is Defendant EAN Holdings, LLC ("EAN"), the owner of the rented vehicle (a Ford Fusion). On January 28, 2022, a Complai...

Excerpt: ...usiness representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious interferenc...

Excerpt: ... Plaintiff's claim is "probably valid." "Probable validity" of the claim for purposes of avoiding expungement under CCP S 405.32 means that it is more likely than not that the party who asserted the real pro#rty claim will obtain a judgment on the claim in that party's favor. (CCP S 405.3; J & A Mash & Barrel, LLC v. Sup.Ct. (Tower Theater Properties) (2022) 74 Cal.App.5th 1, 32-33.) As such, a S 405.32 expungement motion effectively requires the...

Excerpt: ...ed, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." In the present case, there is no dispute that Plaintiffs are the prevailing parties in the action and is entitled to reasonable attorney fees. Thus, the only question to be determined by this motion is the amount of the award. The California Supreme Court has indicated that attorney fee awards "should be f...

Excerpt: ... allege that Tyler had been pledging to become a member of the Alpha Phi Alpha fraternity and had endured various forms of abusive hazing rituals. They allege that the Regents of the university of California ("Regent") was aware of the fraternity's history of hazing and its employee/agent, Edkpeju Ed E-Nunu (MEd"), allegedly orchestrated the hazing and received daily calls from the pledges. Plaintiffs' operative pleading is the fourth amended com...

Excerpt: ...ay, Decedent was struck by a delivery truck driven by Defendant Andrew Thomas Gomez ("Gomez"), who was driving in the scope of his employment with Defendants Jat Trucking ("Jat") 50 60 Heaven ("Heaven") and/or Fedex Ground Package Systems, Inc. ("Fedex"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Plaintiffs further allege that Defendant County of Riverside failed to maintain the roadway and access alley in ...

Excerpt: ...ber 2022 and issued invoices in the total amount of $98,848.07, which Defendant failed to pay. Plaintiff filed the Complaint on March 9, 2023, alleging 1) breach of contract; 2) work, labor and materials furnished/agreed price; 3) open book account; 4) account stated; 5) reasonable value / work, labor and services; and 6) foreclosure of mechanic's lien. On April 14, 2023, Defendant filed a cross-complaint against her insurance carrier, Farmers In...

Excerpt: ..." or "GM"). GM provided Plaintiffs with both a Certified Pre-owned Bumper-To-8umper Limited Warranty and a Certified Pre-Owned Powertrain Warranty upon purchase. During the warranty period, the Subject Vehicle developed defects and nonconformities, including a Transmission Defect. Plaintiffs delivered the Subject Vehicle to GM's authorized repair agents on numerous occasions, but GM was unable to repair the defects. Plaintiff allege that GM refus...

Excerpt: ...alms Partners Capital, LLC ("Palms Partners"); (2) Oswit Canyon, Inc. dba Oswit Land Trust ("Oswit"); and (3) Ramin Saghian ("Saghian"). In the Complaint, the Associated alleged (1) breach of lease and CC&Rs (against Oswit & Palms Partners), (2) nuisance (against all Defendants), (3) nuisance per se (against all Defendants), (4) trespass (against all Defendants), (5) intentional interference with contractual relations (against Saghian), (6) inten...

Excerpt: ...which contained the forum selection clause at issue in this Motion. By this Motion, Defendant Coronis moves to dismiss the Complaint claiming the MSA on which is based contains a forum selection clause of Delaware. It contends under the MSA mandatory forum selection clause, the parties designated Delaware as the exclusive venue for any legal dispute arising under the MSA. It further asserts that enforcement of the forum clause is reasonable and w...

Excerpt: ...he court assumes the truth of all material facts which have been properly pleaded and of facts which may be inferred from those expressly pleaded. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) A demurrer, however, does not admit contentions, deductions, or conclusions of fact or law. (Daar v. Yellow Cab Co. (1967) 57 Cal.2d 695, 713.) If the complaint fails to state a cause of action, the court must grant the plaintiff leave Page 4 of 4 to ame...

Excerpt: ...led nursing care facility ("SNF") and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC ("RCFE") ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agreement through which Versacare sold the leased premises to CCV. The Assignment provided that in the event CPA and Corona...

Excerpt: ...ndants"), as well as Defendants Balcor, LLC and Sam Ostayan (the "Balcor Defendants"), alleging (1) breach of written contract, (2) breach of the covenant of good faith and fair dealing, (3) promissory fraud, (4) fraud—intentional misrepresentation, (5) fraud—negligent misrepresentation, (6) fraudulent transfer, (7) cancelation of instrument, Civ. Code S 3412, (8) specific performance, (9) intentional interference with contractual relations, ...

Excerpt: .... Plaintiff alleges that Reyna was distracted and driving at an unsafe S#ed for traffc conditions. Plaintiff alleges he sustained serious injuries and damages. Plaintiff filed his Complaint on 7/20/22 alleging two causes of action for motor vehicle and general negligence. *** Plaintiff, Martinez, brings these two discovery motions to compel further responses from Defendant, Lucky Air, Inc. (Lucky) to Form Interrogatories (Set One) [FRI No. 13.1; ...

Excerpt: ...eaded, cannot be established, or that there is a complete defense to that cause of action. (CCP Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v. Atlantic Richfi...

Excerpt: ...lief under CCP S 473(b) is applied where the party seeks prompt relief and where there will be no prejudice to the plaintiff. Miller v. City of Hermosa Beach (1993) 13 Cal.App.4th 1118, 1135. "A mistake of fact is when a person understands the facts to be other than they are; a mistake of law is when a person knows the facts as they really are but has a mistaken belief as to the legal consequences of those facts." Hodge Sheet Metal Products v. Pa...

Excerpt: ...y GM. (FAC, 3, 4.) The purchase came with a bumper to bumper warranty and powertrain warranty. (FAC, '14.) GM marketed and sold its new eight-speed automatic transmission as having "word- class performance" "rivaling top performance vehicles, lightning-fast and smooth shifting, along with improved fuel efficiency, among other representation." (FAC, '1 9.) Plaintiff alleges that, prior to purchase, he spoke with dealer sales representative about t...

Excerpt: ...into three construction contracts with general contractor Defendant Watkins Landmark Constructon and Jody James Watkins (collectively "Watkins"). The three agreements include: Work Site Contract, Holiday Inn Contract and Residence Inn Contract. Each contract contained a contract price and set number of calendar days for completion. On June 30, 2017, JL Hotels assigned its interest to Plaintiff Moreno Valley JL, LLC ("Plaintiff" or "MVJL"). In the...

Excerpt: ...ing and/or retention, (4) negligent failure to warn, train, or educate, (5) constructive fraud, (6) intentional infliction of emotional distress, (7) sexual harassment, (8) sexual harassment and abuse in educational setting, (9) breach of fiduciary duty, and (10) public entity liability for failure to perform mandatory duty. Plaintiff alleges that Defendant knew, or should have known, that its teacher was committing the acts complained of by Plai...

Excerpt: ...ce of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP SS 2031.310(c).) Failure to comply with the discovery deadline "is only 'jurisdictional' in the sense that it renders the court without authority to rule on motions to compel other than to deny them." (Sext...

Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained on the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability / dangerous condition of public...

Excerpt: ...ilable at uhaul.com/arbitraäon or from my local U-Haul representatives. (Brooks Decl. 2, Ex. A [emphasis addedl.) The U-Haul Arbitration Agreement provides: "'Claims' . shall be decided by binding arbitration administered by the American Arbitration Association in accordance with AAA Consumer Arbitration Rules (http://wwu.adr.org/consumer)...." (ld. at 4, Ex. B.) On August 13, 2020, Plaintiff allegedly picked up the rental truck from UHCA at its...

Excerpt: ...ers v. Cariss (1990) 224 Cal.App.3d 905, 908.) The suffciency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) The complaint must be construed liberally... with a view to substantial justice between the parties." (CCP S 452; Gressley v. Williams (1951) 193 Cal.App.2d 636, 639.) Ifthe complaint fails to state a cause of ac...

Excerpt: ...nd they are entitled to it via case law, and seek leave to amend. The court grants the motion with 30 days leave to amend. In order to plead punitive damages, a plaintiff must plead allegations of fraud, malice, or oppression with sufficient particularity. (Hilliard v. AH Robbins Co. (1983) 148 Cal.App.3d 374, 392.) Generally, claims for pun-tive damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct...

Excerpt: ...ly to avoid the necessity of a formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1005, 1016.) 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." (Clementv. Alegra (2009) 177 Cal.App.4th 1277, 1294.) Here, the parties exchanged a few meet and confe...

Excerpt: ...otor Co., Inc. ("Honda"). Decedent purchased the Subject Vehicle in 2003 from Robertson Honda, which transferred all assets to Defendant Victory Automotive Group, Inc. dba Ocean Honda of North Hollywood ("Victory") (collectively with Honda "Defendants"). The Subject Vehicle was equipped with an airbag and seatbelt. On February 13, 2020, Decedent was front seat passenger in the Subject Vehicle, which was driven by her husband, when the vehicle was...

Excerpt: ...o Cardoza ("decedent") died on October 3, 2021, and Plaintiff first learned of his death in March 2022. Plaintiff's counsel thereafter made efforts to determine the status of decedent's estate and placed defense counsel on notice that any transfer of assets would be fraudulent in light of the pending lawsuit. On August 3, 2022, decedent's wife, Maria Lidia Cardoza ("Cardoza"), secured an order from Probate Court transferring decedent's property t...

Excerpt: ... Court (2002) 95 Cal. App.4th 92, 98.) The Discovery Act requires a meet and confer declaration under CCP S 2016.040 be submitted with the moton. The declaration must "state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the moton. (CCP S 2016.040.) Form Interrogatories Initially, Defendants assert the responses by Plaintiffs to form interrogatory 17.1 are incomplete as Plaintiffs failed to ...

Excerpt: ...ay, Decedent was struck by a delivery truck driven by Defendant Andrew Thomas Gomez ("Gomez"), who was driving in the scope of his employment with Defendants Jat Trucking ("Jat") 50 60 Heaven ("Heaven") and/or Fedex Ground Package Systems, Inc. ("Fedex"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Plaintiffs further allege that Defendant County of Riverside failed to maintain the roadway and access alley in ...

Excerpt: ... 826, 850.) Defendant, as the moving party, has the burden to show either that one or more elements of the cause of achon cannot be established or that there is a complete defense to that cause of action. (CCP Defendant can meet their burden by showng either: (1) affirmative evidence that shows an element of the claim cannot be established; or (2) showing an absence of evidence on a critical element of Plaintiff's claim. Once the moving party has...

Excerpt: ...that he sustained injuries due to the City of Perris' ("Defendant") conduct. Plaintiff's complaint asserts a cause of action for premises liability and two causes of action for negligence (one asserted against Defendant and the other against Doe defendants.) Defendant demurs to the second cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. It argues that this cause of action fails because it doe...

Excerpt: ...n January 6, 2022, Defendant served a 998 offer on Plaintiffs which proposed that 1) Defendant would pay $650,000 to Plaintiffs, 2) Defendant would refrain from using the long drive-thru path, 3) Defendant's easements include the right to queue on the Central Avenue Protected Drive, and 4) Defendant's employee parking and customer parking rights shall remain as indicated in the Lease and the Easement Agreement. A jury trial was conducted and the ...

Excerpt: ...le warranty period, developed other serious defects and nonconformities to warranty, which Defendants were unable to repair. (Complaint 10.) The Complaint sets forth four causes of acton: (1) Violation of Song-Beverly- Breach of Express Warranty; (2) Violation of Song-Beverly- Breach of Implied Warranty; and (3) Violation of Song Beverly section 1793.2. * * * Defendant now moves to compel Plaintiff to arbitrate hi claims under the Retail Installm...

Excerpt: ...nts have been dumping trash and green waste over the boundary fences, encroaching new fences over his property and vandalizing sprinkler systems. Plaintiff alleges he has been an "absent homeowner or occupant" as he has been providing care to his paraplegic wife. Plaintiff alleges he and Edward R. Cardoosl and Denis R. Cardoos2 entered into a stipulated settlement judgment in case numbers RIC 1818179 and RIC 1824892 in January 2022, but Defendant...

Excerpt: ...unds exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman...

Excerpt: ...howing that plaintiff does not possess and cannot reasonably obtain needed evidence. (CCP S437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evi...

Excerpt: ...nnett is a business representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious...

Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability. The defendants filed cross-compla...

Excerpt: ... Sheriffs' Association: (a) Dishonesty (c) Inefficiency or negligence in performance of duties (f) Willful violation of an employee regulation prescribed by the Board of Supervisors or the head of the department in which the employee is employed (m) Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the department in which they are employed (Administrative Record ["AR" | 601.) The...

Excerpt: ...he air conditioning evaporator, causing water damage and mold inside the cabin. (ld., 8.) Plaintiff would not have purchased the vehicle had he known about the air conditioning defect or that mold had been accumulating in the vehicle. (ld„ '1 9.) On February 22, 2023, Plaintiff filed the Complaint alleging 1) violation of the Consumer Legal Remedies Act, Civil Code S 1750 et. seq. ("CLRA"); 2) intentional misrepresentation; 3) negligent misrepr...

Excerpt: ...CCP 51985.3 lists the personal records which are maintained by various entities. There is no indication that GoDaddy is an entity listed within the definitions for personal records. Nor does Plaintiff indicate that GoDaddy is his employer. (CCP 51985.6.) As such, there is no indication that a notice was required to be sent to him. Instead, the subpoena must be attached to a notice of deposition which must be served upon him. (CCP SS 1987.5, 2025....

Excerpt: ... its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, supra, 22 Cal.4th at 1095). The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial court. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Lodestar is the objective starting point to determine if attorney's fees are reasonable, which involves multiplying th...

Excerpt: ...mplicated. (Pacers, Inc. v. Sup. Ct. (1984) 162 Cal.App.3d 686, 589.) Courts have broad discretion to control discovery and discovery proceedings. (Obregon v. Sup. Ct. (1998) 67 Cal.App.4th 424, 431.) Hence, in a discovery dispute, the court, "in fts sound discretion, must assess and balance the nature and substantiality of the injustices claimed on other side." (Avant! Corp. v. Sup. Ct. (2000) 79 Cal.App.4th 876, 882.) Courts faced with a civil ...

Excerpt: ...the there is no evidence that he served any formal response. Furthermore, because there are only two Subpoenas at issue that requested any and all insurance records, the issues can be readily addressed without a separate statement. Motion to Quash: A depsiton subpoena for production of business records may be used to obtain discovery within the state from a person who is not a party to the action in which discovery is sought. (Cal Code Civ Proc S...

Excerpt: ...Martin, pursuant to Evid. Code S 783. Defendants argue that such evidence is crucial to demonstrate alternate cause for Plaintiff's emotional distress and mental suffering and to establish that Defendants' alleged liability cannot exceed its proportionate share of fault, and to attack Plaintiff's credibility with regard to the extent to which her injuries were caused by Defendants' alleged tortious conduct. Defendants further seek to admit the te...

Excerpt: ...sel requesting a telephonic conference. (See Declaration of Kiki Manti Engel, 3-4.) There is no indication they actually spoke, just that defense counsel "invited Plaintiff to contact my office via telephone to discuss the contents of the meet and confer letter." (ld. at 3.) C.C.P., SS 430.41 and 435.5 very clearly requires that parties meet and confer by telephone or in person, regardless of the prospects of an informal resolution. 1 Defendants ...

Excerpt: ...s responses to interrogatories. But no information is provided regarding the interrogatories served. In opposition, Defendants contend that they are requests for production, to which Plaintiff responded to Defendant Brenda Samec, but not Defendant Joseph Samec's requests. Either way, a motion for protective order must be made promptly. (CCP SS 2030.090 (interrogatories); 2031.060 (requests for production).) As it is unclear what discovery is at i...

Excerpt: ...by admitting the truth of all matters contained therein." (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.) However, a responding party's service, prior to the hearing on the "deemed admitted" motion, of substantially compliant responses, will defeat a propounding party's attempt under S 2033.280 to have RFAs deemed admitted. (Tobin v. Oris (1992) 3 Cal.App.4th 814, 827, disapproved on other grounds, Wilcox, supra, 21 Cal.4th 973, 983, fn. 12.)...

Excerpt: ...he patient/physic:ian Arbitration Agreement is attached as an exhibit. The agreement, among other things, under Page 7 of 8 Article l, contains the following language as required by Code of Civil Procedure secton 1295 (enacted as part of the Medical Injury Compensation Reform Act of 1975 [MICRA]): It is understood that any dispute as to medical malpractice, that is, asto whether any medical services rendered under this contract were unnecessary o...

Excerpt: ... pleaded, cannot be established, or that there is a complete defense to that cause of action. (CCP S437c(p)(2).) Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v...

Excerpt: ...h his emergency flashers on. Solis was working at the time and made a workers' compensation claim with his employer, Plaintiff, City of Beaumont. Plaintiff filed its Complaint on 7/8/22 alleging a single cause of action for motor vehicle negligence. *** Plaintiff, Jose Solis, brings this motion to enforce a settlement pursuant to CCP S 664.6 on the ground that Defendant and Solis agreed to settle the case for Defendant's insurance policy limits o...

Excerpt: ...ects and nonconformities to warranty that GVVs authorized repair facility was unable to repair after a reasonable number of attempts, and GM refused to repurchase the vehicle. Plaintiff filed the Complaint on September 22, 2022 alleging causes of action under the Song-Beverly Act including 1) breach of express warranty; 2) breach of implied warranty and 3) negligent repair. On February 15, 2023, Plaintiff propounded on Defendant the first set of ...

Excerpt: ...al Services, secured by her property by a second position deed of trust, recorded on 11/16/05. Plaintiff alleges she made payments on the loan until 21%8 when she experienced a financial hardship and, as a result, fell behind on her payments and the loan became underwater and unsecured. On 11/14/19, Defendant Affinia Default Services, LLC ("Affnia") recorded a Notice of Default on behalf of defendant Specialized Loan Servicing, LLC ("Special-zed"...

Excerpt: ...ants") own and jointly operate a wastewater treatment facility in Perris near his property. (ld. at "1 11, 19.) Defendants expanded their water treatment facility and sold the excavated soil from the expansion project. (ld. at 14—15.) Plaintiff contends that this soil contained harmful chemicals and other hazardous materials. (ld. at 20.) Plaintiff alleges that the excavation and storage of this soil caused fine, inhalable particles and dust to...

Excerpt: ...greement nor did any of her heirs. Instead, Mark Brashear, Decedent's "roommate", signed the arbitration agreement purportedly on behalf of Decedent in the presence of Nancy Anguiano, an employee of Temecula Healthcare. (Dec.Anguiano 1, 3-6.) Ms. Anguiano declares that Mr. Brashear is Decedent's legal representative, and that Decedent's son, Jimmy Hood, who has healthcare power of attorney (POA), instructed her over the phone to have Mr. Brashear...

Excerpt: ...20, 2023, Plaintiff appeared for her deposition with her counsel. Approximately a h hour into the deposition, Plaintiff's counsel and defense counsel got into a heated argument about whether an exhibit should be entered on the record. The deposition was terminated prematurely at that time. Defendant now moves to compel Plaintiff's deposition and for sanctions in the amount of $3,681.50, arguing that it was not given a reasonable opportunity to de...

Excerpt: ...on issues. (CCP Page 4 of 10 S 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/motion 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. (CRC 3.1330; see also Condee v. ...

Excerpt: ...ILAN, COUNTY OF RIVERSIDE Tentative Ruling: A party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 665, 672. However, it does not ass...

Excerpt: .... Plaintiff alleges that Defendants are the owners of real property located at 11329 Meridian Way, Riverside, California 92505 (the "Property"). (Compl., '1 2.) In September 2005, Defendants, as husband and wife, and third- party Geneva Mumford ("Mumford") purchased the Property as joint tenants via grant deed recorded on September 23, 2W5, document # 2005-0787503, in Riverside county. (9 6; Exh. 1.) on August 19, 2014, Defendants recorded anothe...

Excerpt: ...ses of action, as well as a cause of achon for unfair business practices. On January 23, 2023, Plaintiff served Super M3K (hereinafter, "Defendant") with Special Interrogatories "SROGs"), Form Interrogatories ("FROGS"), Requests for Production ("RFPs") and Requests for Admission ("RFAs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by four separate motions to compel initial responses to ...

Excerpt: ...act ("RISC") for the purchase price of 120,977.04, with a down payment of $7,500. (First Amended Complaint ["FAC"], '1 9.) Plaintiffs also allege that Defendants reserved the right to cancel the RISC if it was "unable to assign the contract to a financial institution" and they exercised that right to cancel on October 25, 2021, when the dealership could not assign the contract. (FAC, 10-12.) The dealership mailed Plaintiffs a NOTICE OF CANCELLAT ...

Excerpt: ...sponse that is in substantial compliance with Sections 2030.210, 2030.220, 2030.230, and 2030.240. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." CCP S 2030.290(a). To determine whether conduct constitutes a mistake, inadvertence, or excusable neglect under CCP S 2030.290, the court employs the same standard of relief used under CCP S 473 for defaults. See City of Fresno v. Super...

Excerpt: ...the default against Defendant on the grounds of attorney error. In support of the motion, Defendant submitted the declaration of Attorney Larry Helfman who declares that the parties engaged in prelitigation settlement discussions, Plaintiff's counsel was aware of his representation, but did not advise when substituted service was made on Defendant's agent for service of process. Then on or about January 17, 2023, by email, Defendant notified coun...

Excerpt: ...ed a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (2) The party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect." CCP S 2031.300(a). To determine whether conduct constitutes a mistake, inadvertence, or excusable neglect under CCP S 2031.300, the court employs the same standard of relief used under CCP S 473 for Page 5 of 8 defaults...

Excerpt: ...tion." Defendants do not argue that Plaintiff is not entitled to recoup attorneys' fees, only that the amount sought is not reasonable. The matter of reasonableness of a party s attorney's fees is within the sound discretion of the trial judge. Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062. Courts generally consider several factors in determining the reasonableness of a party's attorney's fees. These include "the nature of th...

Excerpt: ...iff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612- 613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the cl...

Excerpt: ...l law of this state and the United States].) II. The Motion Should Be Denied The arbitration provision of the RISC prov-des in relevant part: Any claim or dispute, whether in contract, tort or statute or otherwise... between you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (includi...

Excerpt: ... to contnue the trial, which the court set for 8/11/23. Defendant moves to reopen discovery to allow a neuropsychological examinaton of Plaintiff. In response to interrogatories, Plaintiff disclosed generic claims of PTSD and headaches, and was receiving psychiatric treatment. At deposition, Plaintiff disclosed traumatic brain injury, memory problems, headaches, nausea, dizziness, severe anxiety, severe depression, panic attacks, reduced judgment...

Excerpt: ...eges that the Bank (Plaintiff) and Tilly's (Defendant) entered into a Master Agreement as of 7/28/16. (FAC 5.) The Master Agreement allegedly governs the sale and assignment of boat purchase and sale contracts originated by Tilly's and provided to the Bank [for financing.] (Ibid.) The FAC alleges that on 8/7/17, Tilly's sold and assigned a boat sales contract in the name of Anthony Mai. (ld. '18.) The Bank now alleges that on 4/25/22, it first su...

Excerpt: ...ce Guide: Civil Procedure Before Trial I Law and Motion, S 9:102.5 citing Schoendorfv. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 240, fn. 2.) In any case, the statement falls within an exception to the hearsay rule for party admissions. (Evid. Code SS 1220-1227.) The Court should overrule the objection. B. DSlC's Standing Preliminarily, the Court should consider this motion before considering the motion to intervene because judgment has alre...

Excerpt: .... Petitioner asserts that the HOA violated several provisions of the Governing Documents by failing to hold annual elections for its Board of Directors ("Board") from 2018 to 2022. Petitioner alleges that the Bylaws require that the Board consist of five directors with staggered terms, with three directors elected on odd-numbered years and two elected on even-numbered years. Petitioner alleges that the Board currently has only three Directors. Pe...

Excerpt: ...he fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.App.4th 603, 612-613.) 1. Statute of Limitations A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. (Lockley v. Law O...

Excerpt: ...; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Cal. Code Civ. Pro. S 1281.2.) Arbitration of disputes is favored and "when there is doubt as to the meaning and construction of an agreement for mediation and/or arbitration, that doubt should be resolved in favor of those processes." (Bono v. David (2007) 147 Cal. App. 4th 1055, 1062.) The moving party bears the burden of prov...

Excerpt: ...ber 11, 2022; November 21 and 22, 2022; February 1 and 2, 2023; and March 22 and 23, 2023. on February 10, 2022, RHOC noticed Plaintiff's deposition for April 27, 2022. (Grant Decl. '1 2, Ex. A.) On September 21, 2022, RHOC served fts second notice of deposition on Plaintiff for October 11, 2022. (ld. at 9, Ex. C.) On October 19, 2022, RHOC served its third notice of deposition on Plaintiff for November 21 and 22, 2022. (ld. at 20, Ex. E.) On Jan...

Excerpt: ... a result Defendants committed various wage and hour violations. She also alleges in 2021 she began suffering severe pain in her knee and on August 16, 2021 she was placed on medical leave. Plaintiff returned to work in February 2022 and was retaliated against by refusing to allow her to return to her prior position of Training Coordinator, demoting her and requiring her to sit in her offce for an extra half hour without reason. On June 15, 2022,...

Excerpt: ...lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. "[Tlhere has developed in this state a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization does not prejudice the substantial rights of others." (Dunzweiler v. Sup. Ct. (1968) 257 Cal.App.2d 559, 576.) Courts will not ordinarily consider the validit...

Excerpt: ...Cal.4th 826, 850.) A defendant has met his or her burden under CCP of showing a cause of action has no merit if that party has shown that one or more of the elements of the cause of achon cannot be established, or that there is a complete defense to that cause of acton. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (C.C.P. Arcienaga v. Bank of...

Excerpt: ... 123 Cal.App.3d 593, 604.) "In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true." (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) "To survive a demurrer, the complaint need only allege facts suffcient to state a cause of action; eac...

Excerpt: ... R. Ct. 2.30(c.) It appears that Defendant contends that Plaintiff violated Cal. R. Ct. 3.1308(a)(1) which provides: The court must make its tentative ruling available by telephone and also, at the option of the court, by any other method designated by the court, by no later than 3:00 p.m. the court day before the scheduled hearing. If the court desires oral argument, the tentative ruling must so direct. The tentatve ruling may also note any issu...

Excerpt: ...dgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. 5452 provides that "[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." If the motion for judgment on the pleadings is granted, it may be granted with or without leave to amend. ...

Excerpt: ... are asserted against Defendant Hua Guo (a former property manager and corporate signer of Bloomage) and her related alter ego Defendants for Defendants' wrongful conversion of Bloomage's corporate funds. Plaintiff retained a forensic accountant to determine the extent of Defendants' wrongdoing and discovered that Defendants took at least $1.85 million directly from Bloomage's accounts, which is at least $1.25 million in excess of what Hua Guo co...

Excerpt: ...d title to the real property that it acquires; but instead transfers the property to a separate holding company that it owns and controls, and secures the interest of the investors by assigning them a membership interest in the new entity. (ld.) In mid-2021, Defendants Balcor, LLC ("Balcor") and Sam Ostayan ("Mr. Ostayan") (collectively, the "Balcor Defendants") listed a real property located at 11325 Magnolia Avenue, Riverside, California (the "...

Excerpt: ...hase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (See Keithly Dec., Exhibit A.) The only parties to the RISC are Plaintiff and the now dismissed dealer, Fritts Ford. FMC is not and does not claim to be an employee, agen...

Excerpt: ...failed to implement policies and procedures to prevent the spread of Covid-19 in County jails and failed to adequately screen for Covid-19 or do an analysis of the jail population to assess risks and create additional space in the facilities. The operative compliant is the second amended complaint. It asserts the following causes of acton: (1) 42 U.S.C. S 1983 and (2) 42 U.S.C. S 1983 (Monell Liability). Defendants contend that Plaintiffs sue thr...