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...

Excerpt: ...ally operative language, assuming there is no genuine dispute regarding the document's authenticity"; and "the legal effect of the recorded document, when that effect is clear from its face." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 255, 255, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919; see Poseidon Development, Inc. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1118 [jud...

Excerpt: ..., CPG: Civ. Proc. Before Trial (TRG 2023) S 11:6 citing, O'Dell v. Freightliner corp. (1992) 10 cal.App.4th 645, 659.) (emphasis added.) A "dismissal is effective on tender, and all subsequent proceedings are void (other than issues relating to an award of attorney fees and costs or attacking the validity of the dismissal.)" (ld. S 11:6.1.) (emphasis added.) A voluntary dismissal of an entire action deprives the court of both subject matter and p...

Excerpt: ...) strict liability failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), "to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commercial vehicles, trucks and trailers, which included the S...

Excerpt: ...emises are a skilled nursing care facility and a residential care facility (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA" or "Defendant") 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. CCV also alleges that the lessees failed to obtain the requ...

Excerpt: ... create conflicting rulings on common issues. (CCP 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 petiton/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...

Excerpt: ...3.290(b)(1). Based on County's counsel's declaration, it appears that the parties exchanged written communications in an attempt to resolve this matter. (Declaration of Christopher D. Lockwood, "1 2-7.) The attempts by County appear minimal but sufficient to meet their meet and confer requirement. Supplemental responses have been provided by Aron Garcia and Robert Madden. As such, this moton appears to be moot as to everything but sanctions as to...

Excerpt: ...r an order of the court. (CCP S 436.) As with a demurrer, on a motion to strike "the court treats as true the material facts alleged in the complaint, as well as any facts Page 3 of 9 which may be implied or inferred from those expressly alleged." (Washington Internat. Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981, 984 (footnote 2).) To support a demand for punitive damages under Civ. Code 53294, a plaintiff must plead and prove facts de...

Excerpt: ...ildren's Services, Inc. ("Lifeplan") is an filiate of the MSFH, which is and was, at all relevant times, owned and operated by Morris. (ld. at 9.) Defendant Edward Lawrence Kerin ("Kerin") is Morris' husband. (ld. at 7.) Plaintiffs Angel Ramirez and Alberto Ramirez ("Plaintiffs") are the parents of Diane Ramirez ("Diane"), the decedent in this case. (ld. at 2.) On August 3, 2021, a Grand Jury issued an Indictment against both Morris and Kerin for...

Excerpt: ...r Services Call Center Department. (Complaint, '18.) As a Team Manager, Plaintiff's job duties involved the day-to-day operations of customer service, managing a team of CSRs, and overseeing tens of thousands of calls per year that came into the call center during her shift. (ld„ '19.) Plaintiff held the position of Team Manager during the last three years of her employment. (ld., '18.) On November 29, 2021, Plaintiff alleges she took part in a...

Excerpt: ...isorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to being heavily intoxicated. Decedent was found dead on the floor of Kanukov's room where Kanukov admitted that Decedent had smoked heroin, w...

Excerpt: .... Plaintiff also request the imposition of monetary sanctions in the amount of $2,500 against Defendant on the grounds that Defendant served improper objections, evasive representations of inability to comply, and incomplete and inadequate responses.l At issue are RFPs 1, 2, 4, 5, 6 and 14. Plaintiff contends that it must obtain responsive documents to its RFPs, so that it can account of the present whereabouts of fts stolen corporate funds. Plai...

Excerpt: ... former tenants of a multi-unit property, has brought this achon against Defendant Starlit Mgmt VI, LP ("Starlit"), for its alleged failure and willful refusal to make repairs and proper maintenance of the leased units. Plaintiffs are tenants who occupy Units 2, 3, and 4 of the subject multi-unit property. Plaintiffs complain of a long list of substandard, Page 8 of 10 uninhabitable conditions existing at their respective units, which pose a heal...

Excerpt: ...5) Ralph Act Violation (Cal. Civ. Code S 51.7.) Defendants are several public entites and individual County and City employees. The present demurrer was been filed by Defendant City of Riverside ("Defendant," or "City of Riverside"). The Complaint alleges that on January 18, 2022, Decedent was shot at Travelodge, 2625 W. Florida Ave., Hemet, California. (Complaint, page 5 paragraph 21, lines 22-25.) Detective Kerr was a City of Riverside employee...

Excerpt: ...throw plates at her, and grabbed her by the arm, resulting on her to slip down four stairs. Another supervisor, Eric Theiss also made disparaging remarks, and when Plaintiff complained, he made her job more difficult. On 12/20/21, Plaintiff filed her complaint for: (1) sexual retaliation; (2) racial/national origin retaliation; (3) wrongful discharge in violation of public policy; (4) Labor Code 51102.5; (5) battery; (6) discrimination; hostile w...

Excerpt: ... rulings on common issues. (CCP 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 attached and incorporated by reference. (CRC 3.1330; see also Condee v....

Excerpt: ...parents 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 market turned. Based on...

Excerpt: ...ses and mailing it to the Defendant at the premises. For commercial tenancies, if a person of "suitable age or discretion" cannot be found at the residence, service may be completed by affixing a copy of the notice in a conspicuous place on the property rented to the tenant and mailing a copy to the tenant at the address where the property is located. (CCP S 1162(b)(3)).) Accordingly, the FAC does not fail to state a cause of acton for unlawful d...

Excerpt: ...ire Ins. Exchange (2010) 182 Cal.App.4th 990, 999.) "The covenant of good faith and fair dealing, implied by law in every contract, exists merely to prevent one contracting party from unfairly frustrating the other party's right to receive the benefits of the agreement actually made." (Guz v. Bechtel Nat. Inc. (20W) 24 Cal.4th 317, 349, citing Waller v. Truck Ins. Exchange, Inc. (1995) 11 Cal.4th 1, 36.) A breach of the implied covenant of faith ...

Excerpt: ...of action: (1) violation of Song-Beverly Act — breach of express warranty, (2) violation of Song-Beverly Act — breach of implied warranty, and (3) violation of Song-Beverly Act section 1793.2. Defendant has filed a motion for relief from waiver. It provided late responses to requests for admissions. It contends that the handling attorney either did not see the email serving the discovery requests or did not realize that his secretary was not ...

Excerpt: ...ue is the same single sentence regarding the California Department of Health Care Services investigation. But, Plaintiff provided a full response as to each interrogatory. Defendant fails to take the context of the response, and contrary to its assertion, it is not vague or non-responsive. The motion is denied. The court sanctions Defendant and its counsel $450.cn 2. CVR12104084 ANDREEVA vs MALIBU BEHAVIORAL HEALTH SERVICES, INC. Motion to compel...

Excerpt: ...erto sell the property at a higher price. On 1/10/22, Plaintiff filed his complaint. On 3/8/22, the court sustained Defendants' unopposed demurrer without leave to amend. However, after granting reconsideration based on the fact that the court clerk improperly rejected Plaintiff's amended complaint, the court vacated the demurrer ruling and allowed Plaintiff to file the First Amended Complaint (FAC) on 6/15/22. The court then sustained in part De...

Excerpt: ... 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 2030.300(c), 2031.310(c).) Defendant served responses on 8/19/22-8/22/22. However, Defendant provided an extension to 2/15/2. (Motion, Ex. 13.) The parties are required to meet and confer. (CCP "2030.300(b...

Excerpt: ... to replace or repurchase the vehicle in accordance with the Song-Beverly Consumer Warranty Act (the "Song-Beverly Act"). On June 22, 2022, Plaintiff filed a Complaint for: (1) Violation of the Song-Beverly Act — Express Warranty; (2) Violation of the Song-Beverly Act — Implied Warranty; (3) Fraudulent Inducement Intentional Misrepresentation; and (4) Fraudulent Inducement — Concealment. The present motion is a motion to compel arbitration ...

Excerpt: ...aintiffs filed their Complaint on 11/8/21 alleging two causes of achon for motor vehicle and general negligence. On 1/5/22, CRST filed a Cross-complaint against Cross-Defendant, Tianyu Liu Consdante, alleging three causes of action: 1) equitable indemnity; 2) comparative partial indemnity; and, 3) declaratory relief. On 6/8/22, Hight filed a Cross-complaint similar to CRST's alleging the same three causes of action against Consdante. *** Defendan...

Excerpt: ...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 specific pe...

Excerpt: ... and requiring a $5 million bond. The Association argues that, after the December 16, 2022 hearing, it diligently tried to obtain a bond, but was unable to do so since “no bond underwriter would issue such a large bond to the Association because it lacks sufficient assets to collateralize such a bond, due to its ‘non-profit' status and current financial condition.” (Pl.'s Mot. 1:9–14.) But the Association's status as a nonprofit organizat...

Excerpt: ...e 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 at 98.) Meet & Confer Importantly, be...

Excerpt: ...e County Superior Court Case No. RIC1902326, which had been resolved by entry of a judgment in FCM's favor in an amount in excess of $9,000,000. Kazarian alleges that he obtained this 95% interest in FCM as compensation for a debt of $3,500,000 owed to him by the Babloyans. As alleged in the cross-complaint, Lusine Babloyan and her father, cross-defendant Vahe Babloyan, then proposed “various non-sensical ways to go about satisfying the debt th...

Excerpt: ...ct products liability – manufacturing defect; 3) strict liability – failure to warn; 4) negligent products liability; and 5) negligence. Plaintiff alleges that on or before December of 2017, Defendants, including TRS, engaged in business with Plaintiff's former employer, Alpha Materials, Inc. (Alpha), “to sell/purchase design, manufacture, distribute, install, service, maintain, repair, and preventatively inspect tires for [Alpha's] commerc...

Excerpt: ...efense; or (3) showing that plaintiff does not possess and cannot reasonably obtain needed evidence. (C.C.P., § 437c(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 t...

Excerpt: ...d hour laws. When he complained, Defendants allegedly reduced his compensation. On November 2, 2020, Plaintiff filed the Complaint alleging 1) retaliation; 2) misclassification; 3) failure to pay wages; 4) failure to pay minimum wages; 5) failure to pay overtime; 6) failure to indemnify business expenses; 7) failure to provide meal and rest periods; 8) failure to provide one day rest for every workweek; 9) failure to provide itemized wage stateme...

Excerpt: ...ite and also its physical locations. Plaintiff alleges that he genuinely wants to use Defendant's goods and services, and that he is a tester who visits places of public accommodation to determine their compliance with Title III of the ADA. He alleges that Defendant's website fails to provide alternative text for graphic images that can be read by screen readers. Plaintiff filed the original Complaint on July 26, 2022 and the operative First Amen...

Excerpt: ...hidden in a restroom at Defendant La Sierra Academy (“LSA”)1 when Johnson was employed by Defendant Southeastern California Conference of Seventh-day Adventists (“SECC”) as a school counselor. The operative pleadings challenged by the moving Defendant North American Division of Seventh-day Adventists' (“NAD”) Motion for Summary Judgment/Adjudication are as follows: Second Amended Complaint of John CMA Doe, John CMI Doe, and John MMA D...

Excerpt: ...he examinee's bodily and mental privacy and other constitutional rights. (Reuter v. Sup. Ct. (1979) 93 Cal.App.3d 332, 343.) The notice of motion must state the time, place, identity and specialty of the examiner, and the “manner, conditions, scope, and nature of the examination.” (C.C.P., § 2032.310(b).) “Good cause” requires that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matte...

Excerpt: ...tually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549-550.) On demurrer the court must assume the truth of all facts properly pled, facts that may be implied or reasonably i...

Excerpt: ...ntiff alleges that Defendants knew or should have known that their premises was in a dangerous, defective, and unsafe condition, which was a menace to Plaintiff and others on the premises. Plaintiff filed her Complaint on April 14, 2021 alleging two causes of action: 1) negligence and 2) premises liability. On October 26, 2022, this Court granted summary judgment in favor of Defendant The Vons Companies, Inc. and against Plaintiff. On November 17...

Excerpt: ...ding Co., Inc. v. Quality Infusion Care, Inc. (2008) 164 CA4th 1440, 1446. Considering the remainder of Juror 11's declaration and the declarations submitted by three other jurors, it is apparent that the jury selected a foreperson, read the jury instruction on negligence and then took a straw vote with each juror stating their vote. The vote was 10-2 in favor of the finding that the Defendant was not negligent. There has been no showing of misco...

Excerpt: ...bligation to meet and confer in accordance with CCP § 430.41(a) and filed an appropriate declaration in accordance with CCP § 430.41(a)(3). Analysis: A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable. (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating a complaint under these standards, if there is any valid cause of ...

Excerpt: ...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 (CVRI 2000648) on 12/15/20. Their operative pleading is the Second Amended Complaint (SAC), filed 10/6/21, for: (1) negligence (against all); (2) negligent superv...

Excerpt: ...ive defense, a claim for damages or an issue of duty. (CCP § 437c(f)). Summary adjudication must “completely dispose” of the cause of action, defense, damages claim or duty issue to which it is directed. (CCP § 437c(f)(1).) Where a plaintiff seeks summary judgment, the plaintiff must produce admissible evidence on each element of a “cause of action” entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical C...

Excerpt: ...205, 1208; Corp. Code § 14502; Penal Code § 597.1.) Level 1 humane officers also have the authority to carry firearms. (Corp. Code § 14502(h)(1).) Humane societies engage in quasi‐public function and are state actors for the purposes of 42 U.S.C. § 1983. (Brunette v. Humane Society of Ventura County, supra, 294 F.3d at 1208.) Human societies are required to petition the court for appointment of humane officers and provide notice to various ...

Excerpt: ...damages must be pleaded with particularity as to the facts constituting the alleged egregious conduct. (G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole so that conclusory allegations may be sufficient when read in context with the facts alleged as to the defendant's wrongful conduct. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6‐7.) Plaintiff is relying on malice, wh...

Excerpt: ...App.3d 131, 138.) Injunctions are rarely granted where a lawsuit for damages provides an adequate remedy. (see Thayer Plymouth Ctr, Inc. v. Chrysler Motors Corp. (1967) 255 Cal.App.2d 300, 307; Pacific Decision Sciences Corp. v. Sup. Ct. (Maudlin) (2004) 121 Cal.App.4th 1100, 1110.) Kazarian and FCM characterize the need for a TRO as an emergency, which is necessary because Plaintiff, Luisine Babloyan and her attorney, Mike Gatto, are willfully v...

Excerpt: .... (Moore v. Regents of University of California (1990) 51 Cal. 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 (Daa...