Excerpt: ...nt motion arises from a premises liability/personal injury suit alleging that Defendant's spa contained excessive, dangerous, and hazardous amounts of chemical(s) that made the spa unsafe and dangerous for hotel guests and others. Plaintiff moves the court to compel Defendant Hilton to respond to Plaintiff's Requests for Production of Documents, Set Two, and for sanctions against Defendant in the amount of $1,775.00 on the ground that Defendant h...

Excerpt: ...nel Energy Center, LLC (Sentinel), Mott MacDonald LLC (Mott), Gemma Power Systems California, Inc. (Gemma) and Diamond Generating Corporation (DGC). Plaintiffs are the mother and son of the decedent, Daniel Collins. The instant matter went to jury trial in July 2022 and a special verdict was filed on 7/27/22. With credit for the settlement with Mott, Plaintiffs were awarded a total of $56,960,000 to Denise Collins, and $88,000,000 to Christopher ...

Excerpt: ... entered an order in the Lockhart action (RIC1507504) certifying a class of “all non‐exempt or hourly employees who worked at any of Columbia's retail facilities in the State of California” during the Class Period (defined as “June 23, 2011 up to the deadline by which class members may opt‐out after being provided notice of certification”). (See Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification [fil...

Excerpt: ...Defendant Lozano for contribution or indemnity are hereby dismissed with prejudice. The cross‐ complaint of Circle K. Stores, Inc. against Defendant Lozano is dismissed in its entirety. Moving party to provide notice pursuant to CCP 1019.5. On 4/14/21, Plaintiff Karol Counce filed the instant personal injury action against Defendants Circle K Stores, Inc. and Lozano Plumbing Services, Inc. for injuries incurred on 2/3/20. Plaintiff alleges that...

Excerpt: ....7, 2924.9, and 2924.10, as well as causes of action for negligence, unfair business practices, cancellation of written instrument, and wrongful foreclosure arising from the alleged HBOR violations. 7 causes of action (COA) are alleged. The genesis of the facts giving rise to the instant suit are from May 12, 2006, when Plaintiff obtained a mortgage loan (“Loan”) in the amount of $317,400.00 from K. Hovnanian American Mortgage, LLC, secured b...

Excerpt: ...e 2nd, 6th and 7th causes of action. Plaintiff granted leave to file 1st Amended Complaint consistent with this order within 10‐days of service of notice. Defendant to provide notice pursuant to CCP 1019.5. On April 29, 2022, Plaintiff filed a Complaint against Defendants AC Palm Desert Corporation dba Berkshire Hathaway HomeServices (“AC Palm”), HomeServices of America, Inc. (“HAS”), HomeServices of California, Inc. (“HSC”), and BH...

Excerpt: ...bers of the decedent, Richard L. Hassett, who have filed this action, against Defendant skilled nursing facility. Plaintiff Shirley J. Hassett, as successor‐in‐interest to the decedent, alleges a claim for elder abuse under the Welfare and Institution Code, negligence, and violation of residents rights (Health & Saf. Code, § 1430(b)). Plaintiff Shirley J. Hassett is also joined by the decedent's surviving children, Victoria L. Gaffney and Mi...

Excerpt: ...ads causes of action for premises liability and negligence. Roberta's husband, S. Morton Zweig, pleads a cause of action for loss of consortium. Defendant noticed plaintiffs' in‐person depositions, and their counsel said they would only appear remotely because they are in their 70s and fear exposure to Covid. The two attorneys have discussed this at some length and cannot agree. Defendant now moves for a protective order requiring plaintiffs to...

Excerpt: ...rovide notice pursuant to CCP 1019.5. On 12/15/20, Plaintiff Karan Kler filed this partition by sale action regarding real property in Palm Desert. Plaintiff alleges that he and Defendant Erin Alexandra Epps each have a 50% share in the property as joint tenants. Defendant's ex‐husband, Roberto E. Sotomayor, originally had title and offered Defendant the opportunity to purchase it for $20,000 subject to the mortgage. Defendant did not have the ...

Excerpt: ...factured and distributed by FCA. (Complaint, ¶ 10.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warranty period and that FCA and its representative were unable to repair the Vehicle after a reasonable number of attempts. (Complaint, ¶¶ 15‐17.) The Complaint sets forth five causes of action: (1) Violation of Song‐Beverly Act, Civ. Code § 1793.2(d) (against FCA); (2) Violation of Song‐Be...

Excerpt: ..., Inc. against Defendant Lozano is dismissed in its entirety. Moving party to provide notice pursuant to CCP 1019.5. On 4/14/21, Plaintiff Karol Counce filed the instant personal injury action against Defendants Circle K Stores, Inc. and Lozano Plumbing Services, Inc. for injuries incurred on 2/3/20. Plaintiff alleges that while using a toilet at Circle K, the toilet was not sealed or bolted to the ground, shifted and toppled to one side causing ...

Excerpt: ...at during the Covid‐19 Pandemic, Governor Newsom executed executive orders that protected her status. On July 21, she received assistance to pay the outstanding rental debt of $21,032.63, which would cover rental arrearages from January 2021 to December 2021 and future rent from January 2022 to March 2022. In January 2022, Defendants indicated that there was an outstanding balance of $1,384.80 and were issuing a three day notice. Plaintiff had ...

Excerpt: ...in 20 days of service of notice. Prevailing party to provide notice pursuant to CCP 1019.5. Plaintiff Stephen Valbuena alleges that he owns a home located within the Toscana Country Club community which is overseen by defendant Toscana Homeowners' Association (“HOA”); defendant William Overton (“Overton”) is the executive director of the HOA. (First Amended Complaint, ¶¶ 11‐13.) Plaintiff alleges that he had a verbal altercation with ...

Excerpt: ...ade between Defendant and Plaintiff's predecessor in interest (G Force LLC aka G Force Worldwide, LLC). The lease terminated on its own terms on 12/14/21 and Plaintiff has made it clear to Defendant that the lease would not renew and Defendant would need to vacate the premises. Defendant refused to leave and Plaintiff was forced to bring this unlawful detainer matter. The matter went to trial and resulted in a judgment in Plaintiff's favor. Plain...

Excerpt: ...endant”) operates a recreational vehicle (RV) lot in the City of Indio. It is comprised of 459 privately‐owned fee simple lots for RVs and one common lot owned by the HOA. The owners own their lot and share common facilities and amenities, and pay monthly HOA assessments. The HOA is governed by a seven‐member board of directors who are volunteer owners elected annually by the HOA owners (the “Board”). Plaintiff alleges she purchased a l...

Excerpt: ...n”) and Glenroy Coachella Holdings, LLC (“Glenroy”) (collectively, “Plaintiffs”) filed the complaint in this action on January 25, 2022 and the operative first amended complaint (“FAC”) on April 26, 2022 against defendants Doug Wall Construction, Inc. (“DWC”), Doug Wall (together with DWC, “Wall”) and Integrity Joint Control, Inc. (“Integrity”). Plaintiffs also named U.S. Real Estate Credit Holdings III‐A, LP (“USREC...

Excerpt: ... granted leave to file 2nd Amended Complaint consistent with this order within 30‐days. Prevailing party to provide notice pursuant to CCP 1019.5. Plaintiff filed her Complaint on January 1, 2022 and the operative FAC on April 22, 2022. She asserts four causes of action for: (1) Breach of Contract; (2) Intentional Interference with Contractual Relations; (3) Conspiracy; and (4) Fraud. This is a breach of contract case. In June, 2020, Plaintiff ...

Excerpt: ...fendant DMG Corporation (“Defendant”). The FAC set forth four causes of action: (1) breach of contract; (2) products liability (three counts); (3) negligence; and (4) negligent misrepresentation. On May 24, 2022, the court sustained Defendant's demurrer to the second and third causes of action with leave to amend. On June 24, 2022, Plaintiff filed the operative second amended complaint (“SAC”) (also a form complaint). The SAC sets forth f...

Excerpt: ...ty ordered to give notice pursuant to CCP §1019.5. Defendant Circle K Stores, Inc. moves the court to compel Plaintiff to provide further supplemental responses to Special Interrogatory No. 61. Defendant asserts that Plaintiff is seeking to recover tens of millions of dollars because she allegedly fell off an unsafe toilet inside a Circle K store and suffered a catastrophic head and brain injury on February 3, 2020. She alleges that her injuries...

Excerpt: ...eging 31 instances of inappropriate and disruptive behavior toward patients and staff starting 2014. (Id., ¶¶ 27 89.) The MEC sent Petitioner written notice of the action and his right to request a hearing. Petitioner requested a hearing by a Hearing Officer and the Judicial Review Committee (“JRC”) pursuant to the Hospital Bylaws, which hearing was conducted during April 2021. (Id., ¶¶ 5, 6.) On July 1, 2021, the JRC issued its decision ...

Excerpt: ...us defendants for 1) misappropriation of trade secrets, 2) tortious interference with contractual relations, 3) conversion, 4) fraud and intentional misrepresentation, 5) false advertising, 6) UCL violations, 7) negligent interference with prospective economic advantage, 8) intentional interference with prospective economic advantage, and 9) breach of fiduciary duty. Defendants Jyoti Patel and Ellis Hospitality Group, LLC move the court to strike...

Excerpt: ...t to file answer within 20 days of service of Second Amended Complaint. This case arises out of the allegations that Plaintiff was sold a bedframe infested with bed bugs. The First Amended Complaint (FAC) alleges actions against the seller (Ashley Furniture) and other defendants that they played an active role in manufacturing, assembling, delivering, and installing furniture infested with bed bugs in Plaintiff's home. The FAC alleges 5 causes of...

Excerpt: ...is adult son who was injured in an accident. The remaining defendants are InsuranceBeacon.com, Inc. (dba Magnolia Auto Insurance Services) and Erik Aguilar, the insurance brokers whom, plaintiffs allege, are ultimately responsible for procuring a policy that excluded Rivera, resulting in Rivera being unable to recover noneconomic damages when he was involved in an accident. The insurer, Infinity Insurance Company, prevailed on a motion for summar...

Excerpt: ...al owner of a shopping center. On December 23, 2008, Defendants George and Veronica Bakos (“Defendants”) entered into a five‐year commercial lease agreement (“Lease”) for the subject premises. On July 20, 2010, Defendants and Plaintiff's predecessor‐in‐interest executed a First Amendment to the Lease, which amended the permitted use of the premises. Plaintiff acquired the premises and all rights, title and interest in the Lease on O...

Excerpt: ... to meet and confer in person or by telephone prior to filing the present motions, as required by CCP sections 430.41 and 435.5. The court continued the hearing to give the moving parties time to meet and confer in compliance with the code. Defendants' counsel, Thuc Dan Ton Nu and Kelly Ryan, filed declarations on 8/19/22, indicating that counsel for both sides had met and conferred by phone, but had reached no resolution. Based on defendants' co...

Excerpt: ...ll precede the trial of any other issue or any other part thereof in the case.” (C.C.P § 598.) In addition, “[t]he Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action … or any separate issue or of any number of causes of action or issues…” (C.C.P. § 1048(b).) “A major objective of bifurcated trials is to exp...

Excerpt: ...ect Vehicle”) from Defendant Crystal Chrysler Jeep Dodge (“Crystal”). The Subject Vehicle was manufactured and/or distributed by Defendant FCA, LLC (“FCA”). In connection with the purchase, Plaintiff received various warranties, bumper to bumper express warranty powertrain warranty and emission warranty. Plaintiff alleges the Subject Vehicle suffered defects and non‐conformities during the warranty period. Plaintiff asserts that he de...

Excerpt: ...ction arising out of her employment with Defendants. On November 15, 2021, Plaintiff noticed the deposition of Defendant Dewey Wohl (“Mr. Wohl”) for January 1, 2022, and notified that the deposition would “continue from day to day with Saturdays, Sundays and holidays excepted, until Plaintiff's counsel determines that the deposition is completed[.]” (Barkhordar Decl. ¶ 2, Ex. A.) On January 20, 2022, Mr. Wohl appeared for deposition with...

Excerpt: ...'s written demand and subsequent written explanation of the authority on which the demand was made, and DMG's further written notice of intent to file this motion. In support of its motion, Defendant asserts that this case arises in the context of a commercial transaction between merchants‐‐Plaintiff, a licensed contractor, and Defendant, a manufacturer's representative of heating, ventilating and air conditioning equipment. Plaintiff entered...

Excerpt: ...ns contained within the purchase agreements are broad enough to cover the claims asserted against the moving Defendants, but concluded that the evidence submitted by Defendants in support of the fee motion was too general to assist the court in determining whether the fees requested were reasonable. For that reason, the court denied the motion, inviting Defendants to file a subsequent motion for attorneys' fees on or before August 1, 2022. The fa...

Excerpt: ...act, 2) slander of title, violation of HBOR, and 4) UCL violations arising out of the servicing of Plaintiff's mortgage. Plaintiff seeks a preliminary injunction to stop a pending non‐judicial foreclosure of Plaintiff's Property. On or around January 14, 2022, Affinia Default, on behalf of U.S. Bank, recorded a Notice of Trustee's Sale on Plaintiff's Property scheduled to take place on July 26, 2022. The court entered a TRO and set this matter ...

Excerpt: ..., Inc. dba The Red Barn, alleges that it owned and/or had an insurable interest in real property located at 73290 Highway 111 in Palm Desert. Plaintiff alleges that Defendant, AVI Commercial Insurance Marketing, Inc. (AVI) engages in the business of procuring commercial insurance policies for consumers and businesses in California. Plaintiff alleges that it advised AVI that the property was 3,560 square feet, which should be confirmed by AVI. How...

Excerpt: ...was previously continued on June 29, 2022 to allow Defendant an opportunity to satisfy its statutory obligation to meet and confer in accordance with CCP §§ 430.41(a). The parties subsequently discussed the pending demurrer, and defense counsel filed a supplemental declaration. The declaration does not fully comply with the court's June 29, 2022 order and defense counsel notably does not indicate that the parties spoke on the telephone or in pe...

Excerpt: ...omplaint Filed April 12, 2022 Defendant demurs on the grounds that the complaint fails to state a cause of action on the grounds that notice was provided by substitute service, expiration of the lease is not a sufficient ground for the action, waiver of “nonexistent rent” is insufficient relocation assistance, and the complaint is uncertain. In opposition, Defendant asserts that the lease expiration is not the only basis for the eviction beca...

Excerpt: ...ty to provide notice pursuant to CCP 1019.5. Defendant to file proposed judgment within 10‐days of service of notice. Requests for Judicial Notice (RJN) Defendants' request that the court take judicial notice of facts related to the pleadings filed in this action and in the related actions, requests 1‐ 10, are granted. (Evid. Code § 452(d), (h).) First Amended Complaint Allegations and Remaining Causes of Action (COA) On November 17, 2015, a...

Excerpt: ...this action and in the related actions, requests 1‐6, are granted. (Evid. Code § 452(d), (h).) 2 nd Amended Complaint Allegations and Issues Raised by Moving Party, Plaintiff Plaintiff, The Morningside Community Association alleges 7 causes of action (COA) against their former attorney David Peters and the law firm of Peters & Freedman, LLP for 1) legal malpractice, 2) negligence, 3) breach of fiduciary duty, 4) breach of statutory duty, 5) eq...

Excerpt: ...at the court take judicial notice of the First Amended Complaint (FAC) and the order granting Plaintiffs' motion for summary adjudication on September 9, 2019 is granted. (Evid. Code § 452(d).) This request was not opposed. Plaintiffs' request that the court take judicial notice of the original trial date, May 27, 2022, and the date the present motion was filed, April 18, 2022, is granted. (Evid. Code § 452(d), (h).) This request was not oppose...

Excerpt: ...it. Eduardo Espinoza (“Plaintiff”) purchased a 2015 Volvo S60 (“subject vehicle”) manufactured by Volvo Car USA, LLC (“Volvo”). Plaintiff alleges that the subject vehicle was delivered with or developed a number of serious defects, including defects to the engine, defects to the front window, defects to the shifter knob, defects effecting the oil trap, defects that caused the driver's side front door to fail to stay closed, defects to...

Excerpt: ... 15, 2020 and the operative first amended complaint (“FAC”) on November 6, 2020 against defendant Palm Springs Unified School District (the “District”). Plaintiff, an elementary school teacher with over 20 years of experience, alleges that the District retaliated against him for making complaints of, among other things, discrimination and harassment based upon his disability and sexual orientation. During his employment, Plaintiff submitt...

Excerpt: ... Vall Drive in Rancho Mirage. Plaintiff alleges he slipped and fell when the walkway ended abruptly and, given the poor lighting, he could not see this condition. On May 21, 2021, Plaintiff submitted his claim for damages with the City of Rancho Mirage and/or the County of Riverside. On June 22, 2021, Defendant County of Riverside provided Petitioner with a declaration that stated the location of the incident was within the limits of the City of ...

Excerpt: ...ailed to meet their initial burden of producing evidence to make a prima facie showing, objections to evidence provided by Defendants were immaterial in the Court's analysis. Objections properly presented in compliance with CRC 3.1352, but not ruled on, are preserved for appeal. (Code Civ. Proc., §437c(q); see also Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532.) Plaintiffs bring this action against the developer of an industrial commercial dev...

Excerpt: ... concerning title to the property are simultaneously pending, the trial court in which the unlimited action is pending may stay the unlawful detainer action until the issue of title is resolved in the unlimited action, or it may consolidate the actions. (Martin‐Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.).) Defendant Cardenas Three is a Defendant in the master case. In that case, Defendant Cardenas Three moved the court for summary judgment...

Excerpt: ... negligence against the City of Rancho Mirage and the County of Riverside. Plaintiff alleges that on December 18, 2020, he slipped and fell on the sidewalk of Frank Sinatra Drive and Da Vall Drive in Rancho Mirage. Plaintiff alleges he slipped and fell when the walkway ended abruptly and, given the poor lighting, he could not see this condition. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of ac...

Excerpt: ... Star Media dba Exhibiteam is in the business of providing exhibit booths for companies to feature their products at events, like trade shows and festivals. Plaintiff has provided these services to Defendant Kings Garden in the past. On November 21, 2021, Plaintiff provided Defendants with the pricing and design for a display booth, which Defendants approved. Plaintiff alleges the parties entered into a written agreement on November 22, 2021 unde...

Excerpt: ...s no proof of service indicating that TravelHost Network was served with the Opposition electronically or otherwise. Since defendants were able to timely file a reply on the merits though there is no prejudice from any irregularity in service of the Opposition as will be discussed further below. Plaintiff alleges he purchased from Defendant David Portener (not a party to the instant motion) the tangible and intangible assets related to the publis...

Excerpt: ...properly licensed at the time it was awarded the contract with Desert Horizon, such conduct would not amount to actionable unlawful interference. (Settimo Associates v. Environ Systems, Inc. (1993) 14 Cal.App.4th 842, 846.) Likewise, Defendant's RJN of minute orders, tentative ruling and Plaintiff's responses to written discovery are also denied. On October 16, 2020 Plaintiff NPG, Inc. (“Plaintiff”) filed the original complaint in this unfair...

Excerpt: ...ation, 5) elder abuse, and 6) negligence. These causes of action arise out of allegations that Plaintiffs have taken various jewelry items purchased from Defendants to experts for evaluation and the jewelry pieces have been determined to be "fake.” Defendants Jerry Darakjian, Ann Darakjian and Nicole Darakjian demur to the entire FAC on the grounds of uncertainty. In addition, Defendants demur to the 2nd – 6th causes of action on the grounds ...

Excerpt: ...8.10(b)). “When a defendant challenges the court's personal jurisdiction on the ground of improper service of process the burden is on the plaintiff to prove…the facts requisite to an effective service. [Citation.]” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413, internal quotes omitted.) Filing a motion to quash automatically extends defendant's time to plead until 15 days after service of notice that the motion has been denied. (C...

Excerpt: ...ursuant to CCP 1019.5. Hearing will be conducted on July 18, 2022, to set future Order to Show Cause (OSC) hearing date as to why sanctions up to, but not to exceed $1,500.00 and/or dismissal should not be imposed as to JOSEPH HAKOPIAN, ESQ. and J. PAT FERRARIS, ESQ. On February 17, 2022, Plaintiff filed a Complaint against Defendants alleging motor vehicle, negligence, and negligence per se. (Compl. 4–5.) The Complaint alleges that, on June 20...

Excerpt: ...s to City of Rancho Mirage Exhibits: A; B; C; D; E; F; G; J; and K. Denied as to Exhibits H and I. Petitioner/Plaintiff, Vacation Rental Owners and Neighbors of Rancho Mirage (VRON‐RM), filed its operative First Amended Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief (FAP) against Respondent/Defendant, City of Rancho Mirage (City.) VRON‐RM's purpose is to protect the interests of short‐term rental (STR) deve...

Excerpt: ... – Granted. RFP No. 60 – Granted. RFP No. 61 – Granted RFP No. 62 – Granted. Defendant's Opposition was untimely, but was reviewed and considered. Plaintiff may reply orally at hearing if they wish. Defendant ordered to produce documents on motions granted within 30‐days of service of notice. Prevailing party (Plaintiff) to provide notice pursuant to CCP 1019.5. Song‐Beverly Act, lemon law, case. Plaintiffs Anthony Cebreros and Romulo...

Excerpt: ...inst Defendant Agape Springs, the owner and operator of the park, for its alleged failure and willful refusal to make repairs and proper maintenance of the common areas of the premises. Plaintiffs complain of a long list of alleged substandard conditions existing at the mobile home park which pose a health hazard to Plaintiffs. Plaintiffs are claiming that Defendant's conscious disregard of Plaintiffs' rights and safety and by failing to make rep...

Excerpt: ...nt or cause unnecessary delay. (See Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) The liberal policy of permitting amendments should prevail. (Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 564‐565.) Plaintiff is granted 20 days leave to amend; leave to amend is limited to the portions of the complaint at issue in the motion. Prevailing party to give notice pursuant to CCP 1019.5. Plaintiff Jose Ortiz (“Plaintiff”) filed the comp...

Excerpt: ...ntiff alleges that she rented a storage unit at StorAmerica in Indio, and, on the evening of March 12, 2019, two unidentified Hispanic males (designated as DOES 1 and 2) entered the StorAmerica facility and broke the lock that was used to secure Plaintiff's unit and stole various personal properties belonging to Plaintiff. Plaintiff alleges that the two unknown males were able to enter the facility by “tailgating” the truck driven by Demurrin...

Excerpt: ...es judicial notice of Plaintiff's Exhibits No. 2 and No. 3 under Evidence Code Section 452(d). Exhibit No. 1 is not relevant to the instant motion. Plaintiff's objections to Declaration of Kasey Diba are overruled. Plaintiff's objections to Declaration of Defendant Vincent Zadeh are overruled. Plaintiffs brought suit against Defendants for declaratory injunctive relief and breach of contract, alleging that Defendants breached a provision of the S...

Excerpt: ...ce of trial does not automatically reopen discovery. This has been the traditional rule. (C.C.P. §2024.020; Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 249.) However, effective September 18, 2020, C.C.P. §599 provides that, during the period of time in which the governor has declared a state of emergency over COVID‐19, “[n]otwithstanding any other law and unless ordered otherwise by a court or otherwise agreed to by the parti...

Excerpt: ...ho filed the pleading that is subject to the demurrer or motion to strike. The moving party is required to file a declaration with his or her demurrer, indicating that a meet and confer occurred, or that the moving party made a good faith attempt to meet and confer and received no response from the other party. C.C.P. §§ 430.41(a)(3) and 435.5(a)(3). “If an amended complaint, cross‐complaint, or answer is filed, the responding party shall m...

Excerpt: ...make the request for a continuance by a noticed motion or an ex parte application … with supporting declarations.” (Cal. Rules of Court, rule 3.1332(b).) A motion for continuance of trial must be accompanied by an affirmative showing of good cause as defined by the California Rules of Court. (Jurado v. Toys “R” Us, Inc. (1993) 12 Cal.App.4th 1615, 1617.) Rule 3.1332 lists the following circumstances that may indicate good cause: (1) The u...

Excerpt: ... subpoenas. A motion to quash a subpoena may be granted on the ground that the matters sought to be discovered are privileged, protected, or beyond the scope of discovery. (CCP §§ 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items ...

Excerpt: ...n consisting of “the identical evidence previously submitted to the court for its 1/26/21 ruling [pursuant to Civil Code section 3295] that Plaintiff has a substantial probability that he will prevail in his case and also recover punitive damages is again resubmitted for the court's review and consideration….” (Osborne Decl., ¶ 3.) Where plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a “...

Excerpt: ...N – Denied (Court can only take judicial notice of the court record or file, and should not be accepted as true matters stated, unless the matters are indisputably true. (Evid. Code, §452(d) [judicial notice may be taken of records of any court of this state]; See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564‐1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) Requested exhibits are not part of the court r...

Excerpt: ...ory Relief and Restitution; and (3) Breach of the Purchase Agreement. Defendant Sellers generally demur to all three causes of action. All arguments previously presented to the Court by the parties in the previous demurrers are being revisited in this matter. Plaintiff Buyer has not alleged any additional facts sufficient to state a cause of action as to the first and the second causes of action even after multiple leaves to amend. There is no re...

Excerpt: ...n to enter upon land or other property in the possession or control of the party on whom the demand is made in Respondent's opposition ‐ CCP §2031.010(d). The demand may also be made for permission to measure, survey, photograph, test or sample such land or property, or any object or operation thereon. (Manzetti v. Superior Court (Fitzgerald) (1993) 21 Cal.App.4th 373, 375.) However, as set forth in section 2031.010, an inspection demand only ...

Excerpt: ..., there seems to be no room for dispute as to the moving Defendants' status as the prevailing party. The moving Defendants achieved their litigation objectives – which is a judgment in their favor against Plaintiffs upon the Court's granting of a summary judgment motion, as to all claims asserted against them. Under California Civil Code section 1717, in an action to enforce a contract authorizing an award of fees and costs, the party “prevai...

Excerpt: ... Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action as a matter of law. (Code of Civ. Proc., § 437c(c). A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of C...

Excerpt: ...uest for Production of Documents within 30 days of service of notice. After consideration of CCP Sections 2023.010 and 2030.300(d), responding party (Defendant and attorneys of record) are further ordered to pay attorney's fees and costs to moving party in the amount of $735.00 within 30 days of service of notice. Prevailing party ordered, pursuant to CCP 1019.5, to give notice. Plaintiff's Request for Judicial Notice (RJN) of Orange County cases...

Excerpt: ...ng party (Plaintiff) on MSJ is ordered to give notice pursuant to CCP 1019.5. Defendant's Evidentiary Objections, Nos. 6‐23: 1. Nos. 1‐8 – Overruled. 2. Nos. 10‐14 – Sustained. 3. Nos. 15‐17 – Overruled. 4. Nos. 18 – Sustained. 5. No. 19 ‐ Overruled. 6. Nos. 20‐21 – Sustained. 7. Nos. 22‐23 – Overruled. 8. No. 24 ‐ Sustained. Summary judgment is granted when a moving party establishes the right to entry of judgment on ...

Excerpt: ..., the former related to written defamatory statements and the latter concerning oral defamatory statements. (Civ. Code, § 45.) “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civil Code §45.)...

Excerpt: ..., the former related to written defamatory statements and the latter concerning oral defamatory statements. (Civ. Code, § 45.) “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civil Code §45.)...

Excerpt: ...Int'l Ins. Co. v. Superior Court (1998) 62 Cal. App. 4th 981,984.) In the present case, under the Terms and Conditions of Sale of the Contract – which is attached and incorporated into the FAC – Plaintiff very clearly waived its right to recover consequential damages. However, contractual clauses seeking to limit consequential damages must be strictly construed and any ambiguities resolved against the party seeking to invoke the limitation. (...

Excerpt: ...cause there is no triable issue of material fact as to any of her alleged claims. Waiting time penalties fails. Plaintiff asserted 8 separate causes of action in her complaint, which will be briefly discussed in this opinion. Discrimination in violation of Government Code Section 12940(a) – Member of protected class. Under Gov. Code § 12940, employers, among other things, are prohibited from discriminating against any person, as it relates to ...

Excerpt: ...dment is filed within 20‐days, defendant is granted 30 days leave to answer. Defendant's motion to strike punitive damages claim is denied since Plaintiff's Second Amended Complaint does sufficiently set forth a COA for fraud as explained in a separate opinion below (demurrer motion). A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) In evaluating a demurrer, the cour...

Excerpt: ...prove that a defect in the product caused injury. (Brady v. Calsol, Inc. (2015) 241 Cal.App.4th 1212, 1218.) Under a negligence theory, a plaintiff must also prove that the defect in the product was due to negligence of the defendant. (Trejo v. Johnson & Johnson (2017) 13 Cal.App.5th 110, 125.) In their second COA, Plaintiff makes no attempt to describe any defect that specifically caused injury and merely repeats the allegations from the FAC. As...