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...