Excerpt: ... respond or to submit to an authorized method of discovery, disobeying a court order to provide discovery, etc. The court has the authority to impose a broad range of sanctions for misuse of the discovery process. “Terminating sanctions have been held to be an abuse of discretion unless the party's violation of the procedural rule was willful [Citations] or, if not willful, at least preceded by a history of abuse of pretrial procedures, or a sh...

Excerpt: ...n has been waived by the petitioner;(b) Grounds 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 s...

Excerpt: ...in the demurrer or motion to strike. (emphasis added). Page 9 of 10 The demurrer is accompanied by the declaration of attorney Christopher Lockwood who states counsel exchanged several emails, but it does not state that counsel discussed this issue either in person or via telephone. The court would be justified in continuing the motion to allow the parties time to properly meet and confer but, given the history of this case, it seems unlikely any...

Excerpt: ... that Dr. Budoff's declaration was prepared in August of 2021, why did plaintiff wait until January to request leave; and (2) it seems plaintiff's counsel knew or should have known about the allegations regarding conduct occurring prior to March 2, 2019, long before Dr. Budoff's declaration. Attorney Husen's declaration addresses these two points. Husen states that between the time when Dr. Budoff's declaration was prepared in August 2021 and Dec...

Excerpt: ...iffs had obtained counsel, Benjamin Graff, a few days before the ruling. He filed a first amended complaint (FAC) on 5/12/21, after some Covid‐related delays involving personal and family medical problems. The FAC pled causes of action for fraud, breach of contract, breach of the covenant of good faith and fair dealing, and accounting. The complaint pled the same claims, plus wrongful foreclosure1 . On 8/10/21, the court continued an unopposed ...

Excerpt: ... in Robledo grabbing Plaintiff's head, slamming it down on the cash register and punching her in the back of the head. Defendants placed her and Robelledo on leave pending an investigation. Plaintiff returned to work, but suffered physical injuries and emotional distress, for which she was prescribed medical leave. Plaintiff hired a worker's compensation attorney, who served a subpoena on VF for the security footage. Thereafter, Defendant Shanaye...

Excerpt: ...comb, as his successor in interest. The first amended complaint (FAC) alleges that the decedent was admitted to Life Care's facility in Menifee from 6/14/19 to 9/9/19, for recovery after a hospital admission for a urinary tract infection. At the time of admission, the decedent had no skin breakdown or pressure ulcers, but had a decline in mobility, including weakness and numbness in his hands and feet. Plaintiff alleges decedent lost 15 pounds du...

Excerpt: ...ts that all six of Stratospheric's and Grossman's affirmative defenses fail to allege sufficient facts to constitute a defense. Plaintiff asserts that the factual allegations as to fraud in enacting the CC&Rs could not have been relied on by Stratospheric because it was not an owner at the time. Plaintiff also asserts that the FAA cannot properly incorporate all affirmative defenses asserted by other defendants to this action. First, Defendants c...

Excerpt: ...ble 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. When GTOK's assignor, SeneGence, submitted an application for tenant improvements, City placed a hold on the building permit due to environmental concerns. As a result, other environmental agencies became involved and could not agree on the necessar...

Excerpt: ...t, but Defendant and its representatives were unable to service or repair the vehicle within a reasonable number of attempts. (Complaint, ¶¶12‐15.) The nonconformities Plaintiff complains of relate to defective body system, defective transmission system, defective mechanical system, and defective emission system. (Complaint, ¶12.) On January 21, 2021, Plaintiff filed the instant action against GM, seeking restitution, damages, attorney's fee...

Excerpt: ...ff was treated by Defendants Dr. Marilee Carballo, Dr. Christopher Foltz and Dr. Oscar Paz‐Atschul (“Attending Physicans”). He was diagnosed with diverticulitis and discharged without admission on each occasion. None of the physicians requested an MRI. In January 2019, Plaintiff presented to Eisenhower Medical Center (“Eisenhower”) where the treating physician doubted the diverticulitis diagnoses and indicated the symptoms were likely c...

Excerpt: ...n attachment of 50 pages, which is styled, “Notice of Motion and Motion for Quiet Title and Injunctive Relief.” The following facts are gleaned from the various exhibits included with the motion, the opposition and the docket in the underlying action. On February 24, 2020 Sherman filed an unlawful detainer (the “UD Action”) against defendants Rosa Morado (“Morado”) and Nubia Bravo (“Bravo”). The proof of service indicated that Mor...

Excerpt: ...ntly own the properties, and Plaintiff would devlop the cannabis businesses. Edwards found property at 14250 Little Morongo Road, and Defendant Russell Singer as a hard money lender. Singer purchased the property while Plaintiff paid the carrying costs and development costs; Singer transferred title to DHS Manna, LLC. Plaintiff continued to develop the business, however, Defendants required that Plaintiff and his entity, Plaintiff Rx DHS Herbery,...

Excerpt: ...uld assist him in building his business; Bogeajis was an experienced executive in finance and operations and had formed a LLC with Lou called Constellation Enterprises (Constellation). Davis alleges that in September and October of 2019, Bogeajis, Lou, and Constellation verbally promised to fund Davis' business with $1.5 million. Davis entered into a business relationship with them making them 50% partners (later adding Defendant, Joel Carrillo) ...

Excerpt: ...laintiff's First Amended Complaint. Factual / Procedural Context: Plaintiff, Jonica Stingl, alleges that on 10/24/18, she went in for surgery at Defendant, Aurora Surgery Center. The surgeon was Defendant, Mark Berman, M.D. and the anesthesiologist was Defendant, Craig Rosenblum, M.D. Plaintiff alleges that just prior to surgery, she was administered medication that she had notified Defendants she was allergic to on multiple occasions. She allege...

Excerpt: ... Hemet Chrysler Dodge Jeep Ram for the purchase of a new 2017 Jeep Cherokee. The purchase was documented in a written Retail Installment Sale Contract (RISC) containing the terms and conditions of the purchase and an arbitration provision. (See RISC, attached as Ex. A to Declaration of Michael A. Tudzin.) The Vehicle came backed by warranties. (FAC ¶ 15.) During the warranty period, the Vehicle developed defects, including, among others, electri...

Excerpt: ...nts demur to the fifth, sixth, and seventh causes of action, respectively for (1) slander of title; (2) fraud/deceit; and (3) negligence. This is a pre‐ foreclosure action by a homeowner to challenge the validity of the foreclosing second deed of trust on the property. Plaintiff alleges that the second deed of trust was executed without her knowledge and consent and should never have been recorded against her property. On December 06, 2021, aft...

Excerpt: ...t them for equitable comparative contribution, or partial or comparative indemnity. This case is a multi‐party lawsuit which was initiated by Plaintiffs Shawna Cardin and Stephen Cardin (“Plaintiffs”) to recover damages for personal injuries sustained by Shawna Cardin and loss of consortium as to her spouse Stephen Cardin. On April 12, 2021, Plaintiffs filed their Complaint naming Defendant Tyler Mall Limited Partnership DBA Galleria at Tyl...

Excerpt: ...hat the allegations in the Complaint are sufficient to support a request for punitive damages. The court may, upon a motion made pursuant to CCP § 435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire ...

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...

Excerpt: ...d, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) Facts appearing in exhibits attached to the pleading will also be accepted as true and, if contrary all...

Excerpt: ...ith a suspended driver's license the automobile owned by Yang Song, who knew, or with reasonable diligence would have known, James Raynor's license was suspended as a result of multiple count of Driving Under the Influence. (Complaint, ¶¶7‐9.) While driving Yang Song's automobile, James Raynor made an unsafe turn and caused Plaintiff's vehicle to collide with his. (Complaint, ¶12.) As a result of the collision, Plaintiffs sustained injuries ...

Excerpt: ... the rights or safety of others,” while oppression is defined as “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” (Civ. Code § 3294(c)(1)‐(2).) Despicable conduct is conduct that is base, vile or contemptible. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 725.) The mere allegation that an intentional tort was committed is not sufficient to warrant a...

Excerpt: ...lleges in the FAC that on the date of the accident, Plaintiff slipped and fell “due to build up over time of excessive algae growth, the buildup of oil, grease and other substances deposited by boats at the boat launch area” which Defendant allowed to remain on its premises, notwithstanding the fact that Defendant knew or should have known that the “subject excess algae growth in the boat launch area was inherently dangerous, and that failu...

Excerpt: ...and affirmatively on the face of the complaint, which includes matters alleged in exhibits attached to the complaint. (Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971; Frantz v. Blackwell (1987) 189 Cal.App.3d 91, 94.) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context (Moore v. Regents of University of California (1990) 51 Cal...

Excerpt: ...ufacturer may disclaim those implied warranties, and providing mechanisms to ensure that manufacturers live up to the terms of any express warranty.” (Ibid; see also Civ. Code §§ 1792‐1792.5, 1793, 1793.2.) Civil Code section 1793.2(a)(3) provides: “Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: … (3) Make available to authorized service and repair facilities su...

Excerpt: ...ladys Guzman alleges she is a 58‐year old Asian woman who was employed as a District Manager by defendant Zales Delaware Inc. (“Zales”) for over 20 years when she was terminated from her employment on July 31, 2020. 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 was terminated because of her age, race, ethnicity, ancestry...

Excerpt: ...eased for use primarily for personal, family, or household purposes, except for clothing and consumables.” (Civil Code §1791(a).) Generally, for purposes of Civil Code §§1793.2(d) and 1793.22, a new motor vehicle is “a new motor vehicle which is used or bought for use primarily for personal, family, or household purposes.” (Civil Code §1793.22(e)(1).) It “does not include any portion designed, used, or maintained primarily for human h...

Excerpt: ...A special demurrer, other than subsections (a) & (e) of section 430.10, on the other hand, attacks the complaint on other grounds, such as uncertainty, misjoinder, lack of legal capacity or failure to identify the contract as oral, written, or implied by conduct. (See Code Civ. Proc., § 430.10(f).) The defects must appear on the face of the document or judicially noticeable matters. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The “face of the...

Excerpt: ...or Terminating Sanctions (as well as Papp's declaration and request for judicial notice.) The notices request that the filings/contentions be stricken, that Defendant Tye and Papp be ordered to pay monetary sanctions to the Court and an order issue that Papp may not repeat any personal attacks on Plaintiff. In general, Plaintiff attacks specific statements in the filings claiming they are either irrelevant, false and/or brought for an improper pu...

Excerpt: ...leged straw buyer) on day after service of the UD Action; (2) possession of Plaintiff's mobile home was voluntarily surrendered by Bravo at the December 15, 2020 trial in the UD Action; and (3) Plaintiff was provided with Notice of Public Sale but failed to satisfy the lien, and the mobile home was sold at a public sale. Defendants further note that the complaint is not verified and that there is no evidence presented on the present motion that P...

Excerpt: ...(City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445.) The elements of a negligent misrepresentation cause of action are (1) a representation as to past of existing material facts; (2) falsity of the representation; (3) defendant lacks reasonable grounds to believe the truth of the representation; (4) intent to induce reliance; (5) justifiable reliance by plaintiff; and (6) injury. (B.L.M v. Sabo & Deitsch ...

Excerpt: ...y “(1) after final adjudication (2) of an identical issue (3) actually litigated and necessarily decided in the first suit and (4) asserted against one who was a party in the first suit or one in privity with that party.” (DKN Holdings, supra, 16 Cal.4th at 825 [citing Lucido v. Superior Court (1990) 51 Cal.3d 335, 341].) Page 7 of 9 violation in their database as a felony charge and then reported that inaccurate charge to the CA Department o...

Excerpt: ...titutional rights. (Reuter v. Superior Court (1979) 93 Cal.App.3d 332, 343.) In addition, and ostensibly for the same purpose, the court in its order must set forth certain details of the examination: “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope and nature of the examination.” (CCP ...

Excerpt: ... duties included driving the company truck and laying concrete. (Complaint, ¶¶ 9‐ 11.) In 2016, Plaintiff was promoted and transferred to work in Defendant's Corona asphalt plant, which gave Plaintiff an opportunity to work more days and earn more money. (Id., ¶ 12.) In November 2018, a co‐worker (John) saw Plaintiff's wife drop him off at work and began making highly offensive comment regarding her race and made similarly offensive remark...

Excerpt: ...5 Cal. App.4th 92, 98.) The Discovery Act requires a meet and confer declaration under CCP § 2016.040 be submitted with the motion. The declaration must “state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) Special Interrogatories 172‐187 and RFP 43 Special Interrogatories 172‐187 request the following: IDENTIFY" means to state all facts related to the t...

Excerpt: ...fendant has not made any showing of annoyance, embarrassment and or undue burden and expense. He further contends the motion is moot, and untimely and seeks to litigate objections which are not the proper subject of a protective order. He asserts the objections are frivolous, a work product objection was waived and the discovery sought is relevant. He seeks nominal sanctions of $1 for having to oppose this Motion. The Reply reasserts many of the ...

Excerpt: .... First, the moving party must show that the anti‐SLAPP statute applies. Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056. If it makes this showing, the responding party bears the burden of proving the likelihood of success on the merits. Id. Where the SLAPP statute does not apply, the court does not consider the merits of the case. Garretson v. Post (2007) 156 Cal.App.4th 1508, 1515. Under the first prong of the anti‐SLAPP statute, the moving p...

Excerpt: ... that, on September 07, 2021, he spoke with Plaintiff's counsel telephonically, but the parties could not reach a resolution in regard to the issues raised in the demurrer. (Ramallo Decl., ¶2.) I. Chen's Joinder in Sterling Bank's Demurrer. Chen is permitted to join Sterling Bank in its Demurrer to the FAC as any conduct by Chen alleged in the pleading was in her capacity as an “agent” of Sterling Bank, and any conduct by Sterling Bank is al...

Excerpt: ...who Plaintiffs allege was a shell entity that was controlled by Conor Commercial Real Estate, Inc. and LaSalle Investment Management, Inc. (and related entities), which are multi‐billion dollar companies that buy, develop and manage real estate throughout the U.S. (collectively “Seller Defendants”). (FAC, ¶¶ 2, 21‐ 25.) SeneMan purchased the Property with the intent to lease it to plaintiff GTOK LLC (“GTOK”) for the purpose of manuf...

Excerpt: ... common 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/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. Longwoo...

Excerpt: ...time so the emergency room doctor put Plaintiff's forearm in a splint and referred Plaintiff to an orthopedic surgeon. Plaintiff alleges that on June 21, 2018, David Hill, PA, evaluated Scott at Desert Regional Medical Center. Plaintiff alleged that Hill, under the supervision of Defendant Douglas Roger, MD, negligently put Plaintiff's forearm in a long‐arm cast without first attempting to reduce (meaning straighten) the severely deformed fract...

Excerpt: ...ith the laws of this state, a court rule or an order of the court. (CCP § 436.) A motion to strike is also the proper vehicle to attack a punitive damages 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.) As with a demurrer, on a motion to strike “the court treats as true the material facts alleged in the compl...

Excerpt: ...ere is no authority to support Plaintiff's claim that ER 9 tolls the statute of limitations to claims that arose before the tolling period began, and were filed after the tolling period ended.” (Reply, 7:2‐3, emphasis in original). This is how all tolling provisions work: days during the period after the cause of action accrued for which tolling applies are not counted against the applicable statute of limitations. Page 10 of 10 Defendant opp...

Excerpt: ...ages on termination, failure to provide accurate wage statements or maintain accurate payroll records, failure to reimburse employees for expenses, and so forth. The complaint was filed on June 24, 2021. In the complaint, plaintiff alleges that he was employed by defendant from September 2019 to November 2019 (Complaint, ¶20) and that he provided notice to the LWDA of his claims on April 19, 2021 (Complaint, ¶17). Defendant now appears and demu...

Excerpt: ...) 4 Cal.5th 637, 645.) In other words, the defendant must file the anti‐SLAPP within 60 days of service of the earliest complaint that contains that cause of action. (Id. at 639‐640.) Here, the causes of action between the original complaint and the FAC remain the same (deprivation of civil rights and damages for violation of law). The only issue is whether the factual allegations are new. In this case, Plaintiffs alleged in the original comp...

Excerpt: ...ppleton v. Superior Court (1988) 206 Cal.App.3d 632, 636. But because the responses haven't been provided to the court, there is no way for the court to determine whether the responses that defendants admit to having received are verified or not. Nor can the court pass on the sufficiency of the responses, obviously. C.R.C. 3.1348(a) provides: “The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel...

Excerpt: ...tiff's forearm in a splint and referred Plaintiff to an orthopedic surgeon. Plaintiff alleges that on June 21, 2018, David Hill, PA, evaluated Scott at Desert Regional Medical Center. Plaintiff alleged that Hill, under the supervision of Defendant Douglas Roger, MD, negligently put Plaintiff's forearm in a long‐arm cast without first attempting to reduce (meaning straighten) the severely deformed fracture before putting it in a cast. Plaintiff'...

Excerpt: ...site but could not access the videos as there was no closed captioning. Defendant demurs to the 2nd cause of action for UCL on the grounds it fails to state facts sufficient. It argues that there are no facts demonstrating standing via economic loss. Plaintiff contends economic loss is broad since he had to find another dentist who charges more or has fewer amenities. Page 3 of 3 Analysis CCP §430.41 and §435.5 requires a meet and confer proces...

Excerpt: ...porations Code §1305(e) Statutory interpretation requires the court to first examine the actual language of the statute and give the words their ordinary meaning. (Halbert's Lumber, Inc. v. Lucky Stores, Inc. (1992) 6 Cal.App.4th 1233, 1237.) If after doing this the statute is still ambiguous, the court is to examine the legislative history. (Id. at 1239.) If this yields no results, the court is to apply reason, common sense and practicality to ...

Excerpt: ...ted to their grandparents that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff alleges these representations were made to both him and the grandparents, but defendants had no intention of covering the losses, planning not to pay if the marke...

Excerpt: ...s business for significant periods of time. Plaintiff contends that the lease agreement contains a provision that if either party was prevented from performing any act required under the agreement due to a lockout, inability to procure labor, or restrictive laws, performance would be excused for the period of delay. Plaintiff argues that due to this provision of the lease, Plaintiff was not required to pay rent while its business was prevented fr...

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: ...�ROGs”), Requests for Production (“RFPs”) (Set One) and RFPs (Set Two). On April 22, 2021, Defendant served Plaintiff with RFPs (Set Three). Plaintiff failed to served timely responses, and on June 18, 2021, Defendant sent correspondence by email demanding that responses be served without objections. Notwithstanding, Plaintiff failed to serve any responses, the present motions ensued. * * * Defendant now moves by four separate motions to co...

Excerpt: ... be repaired within a reasonable number of repair attempts and defendant has failed to either replace the vehicle or make restitution under the Song‐Beverly Act. Plaintiff alleges defendant issued a written warranty, that an implied warranty of merchantability exists, and that the Song‐Beverly Act has been violated. (See Complaint, ¶ 32 [“accompanied by an implied warranty that the subject vehicle was merchantable pursuant to Civil Code se...

Excerpt: ...e homes for profit. Plaintiff alleges that Justin Tye represented to their grandparent, Myron and Mary Jane Matika, that investments into the business were loans and not joint venture interests and that the investor would receive a fixed rate of 15 percent interest on profitable projects, with the investors paid in full regardless of whether the project lost money. Plaintiff alleges these representations were made to both him and the grandparents...

Excerpt: ...air. Plaintiff alleges that in April 2021, he planned to travel to Riverside and attempted to make a reservation at a hotel (“Hotel”) owned and operated by Defendant Value Hotels Corp. dba Riverside Inn & Suites, Mahendra Patel and Jayshree Patel (“Defendants”). Plaintiff alleges that the Hotel's official reservation website, which is operated by Defendants or a third‐party on Defendants' behalf, does not provide sufficient information ...

Excerpt: ...lling to take the blame and pay the costs; the court must set aside the entry of default, default judgment or dismissal. (Lorenz v. Commercial Accept. Ins. Co. (1995) 40 Cal.App.4th 981, 989.) Without an attorney affidavit of fault, relief is discretionary and must be based on a showing of mistake, inadvertence, or surprise. (Id.) Plaintiffs misunderstand the relief sought. Under the mandatory relief portion, “a party is relieved from the conse...

Excerpt: ...n (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First Cause of Action Wrongful Death – Negligence, Violations of Penal Code § 245.6, Civil Code §§ 43 and 52.1, Assault and Battery, Negligent Hiring, Supervision and Retention: “In California, all government tort liability must be based on statu...

Excerpt: ...ECC hired Johnson as a counselor. The state has subsequently arrested and charged Johnson for downloading and distributing child pornography. Defendant North American Division of Seventh Day Adventists (NAD) is the governing body for Seventh‐Day Adventists and had control over La Sierra Academy. Plaintiffs filed this action on 12/15/20 and filed the operative First Amended Complaint (FAC) on 4/29/21. The FAC asserts: (1) negligence (against all...

Excerpt: ...of all material facts which have been properly pleaded, of facts which may be inferred from those Page 4 of 5 expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) If the complaint fails to state a cause...

Excerpt: ...efendants informed him that the vehicle was not ready, but that he would have to pay $30 per day for parking and storage. As a result, Plaintiff hired a tow truck to move the vehicle, but Defendants demanded costs for parts and storage fees. Plaintiff was told that the vehicle was not reassembled because it was going to the junkyard. On November 11, 2020, Plaintiff filed his Complaint. He asserts four causes of action for: (1) Breach of Contract;...

Excerpt: ...3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Facts ...

Excerpt: ...cy with HHS Construction, Inc. (“Insured”) and that embezzled funds from the Insured by using credit cards without permission. As a result of the embezzlement, plaintiff made payments under the insurance policy in the amount of $26,068.92, which it seeks to recover from defendants. The complaint states two causes of action. 1. Subrogation; 2. Indebtedness. Defendant Pope has been dismissed. The present motion is a motion to compel further res...

Excerpt: ...Plaintiff contends both documents were obtained through the bankruptcy court's website, making them court documents. The second document is a court order and is therefore a court document under Evid. Code §452(d). The first document appears to have been part of the court record, so the court can take judicial notice as to the existence of the document but not as to the truthfulness of its contents or the proper interpretation of the document. (F...

Excerpt: ...ether an action filed in California should be adjudicated elsewhere in the interest of substantial justice. (See CCP § 410.30(a); see also Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group), § 3:407‐3:408.) Here, Defendants are not challenging the Superior Court as an inconvenient forum; rather, they are arguing that they will be prejudiced by allowing parallel proceedings in two separate tribunals. In any even...

Excerpt: ...e, the moving party must demonstrate relevance and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th ...

Excerpt: ... I; (2) neuropsychological IME; and (3) orthopedic. (See Declaration of Staci A. Clark in Support (“Clark Decl.”), ¶ 7, Exhibit D.) Plaintiff responded that she would not agree to a neuropsychological examination without a court order. (Clark Decl., ¶ 8, Exhibit E.) On August 17, 2021, Defendant served a revised demand for a neurological IME (i.e., the day before the present motion was filed). (Clark Decl., ¶ 9, Exhibit F.) * * * Defendant...

Excerpt: ...e in extreme cases where the right to such action is clearly established. Id. In order to issue a preliminary injunction, the Court must balance the parties' interests. In balancing the parties' interests, the Court must exercise discretion “in favor of the party most likely to be injured . . . .” Robbins v. Superior Court (1985) 38 Cal.3d 199, 205. The Court is to consider two interrelated factors: 1) the injury to plaintiff in absence of th...

Excerpt: ...672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. Both parties appear to agree the third amended complaint asserts a cause of action for breach of implied contract. A contract can be either expressed or implied. Civil Code § 1619. “A breach of contract cause of action requires: (1) a contract between the parties, (2) perfo...

Excerpt: ...covery dispute. That is, the court is evaluating each discovery demand in relation to the claims made in this action. Accordingly, the court declines to rule on the objections. I. Meet & Confer Importantly, before filing a motion to compel a further response to ROGs or RFPs, the moving party must engage in a reasonable and good faith attempt to resolve informally each issue set forth in the motion and must file an appropriate declaration with the...

Excerpt: ...dicated “none,” which Defendant takes issue because Plaintiff's production indicates her medical billing was reduced or adjusted in accordance with insurance. However, Plaintiff indicates that the parties have never Page 5 of 7 met and conferred on this issue via the letters, but Defendant asserts that the parties met and conferred on the phone. This is sufficient. The real issue is that Defendant does not find Plaintiff's response credible, ...

Excerpt: ...ot assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First, Fourth, and Seventh Cause of Action for Breach of Contract: The necessary elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff's performance or her excuse of performance under the contract, (3) a breach of the agreement by the defendant, and (4) damages to plain...

Excerpt: ...dicated “none,” which Defendant takes issue because Plaintiff's production indicates her medical billing was reduced or adjusted in accordance with insurance. However, Plaintiff indicates that the parties have never Page 5 of 7 met and conferred on this issue via the letters, but Defendant asserts that the parties met and conferred on the phone. This is sufficient. The real issue is that Defendant does not find Plaintiff's response credible, ...

Excerpt: ...ot assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First, Fourth, and Seventh Cause of Action for Breach of Contract: The necessary elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff's performance or her excuse of performance under the contract, (3) a breach of the agreement by the defendant, and (4) damages to plain...

Excerpt: ...pted to run over Defendant with his car and that Plaintiff tried to t‐bone her. Plaintiff contends as a result of Defendant's statements, Ms. Dunway breached the contract and Plaintiff spent considerable time and expense in defending against said breach. Plaintiff filed the Complaint and now First Amended Complaint (FAC) alleging causes of action for (1) inducing breach of contract; (2) intentional interference with contractual relations; (3) i...