Excerpt: ...t of the sale of a single-family house in Palm Springs. Plaintiffs Greta Protctor and Brian Headman bought the property in the summer of 2018 from Jacqueline Thomas, DeeAnn McCoy, Freyed So LLC, and Thomboy Properties Inc. (“Sellers”). Plaintiffs allege the Sellers had purchased the property in 2017 as unlicensed flippers, knowing the property had significant construction defects. The Sellers used unlicensed subcontractors to perform work but...

Excerpt: ...empts. Plaintiff filed the Complaint on October 22, 2021, alleging violations of subsections (a)(3), (b) and (d) of Civil Code § 1793.2, as well as breach of express and implied warranty under the Song-Beverly Warranty Act (the “Act”). Plaintiff noticed the deposition of GM's Person Most Qualified (PMQ) on May 4, 2022. GM objected to the notice on several grounds. Plaintiff's counsel made multiple attempts to set a date with GM's counsel. On...

Excerpt: ...based on a Residential Lease Agreement (RLA), dated 12/29/16, which included an option to purchase provision. The first option to buy was for $110,000 and the second at $169,000 (represented by a Residential Purchase Agreement between the Trust and Defendants), but based on the lender's appraisal of the Subject Property Page 5 of 9 should be $150,000) The RLA included an attorney's fee provision (paragraph 40) providing that in any action or proc...

Excerpt: ...s timely filed on 1/19/23. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure §473(b). A motion to set aside a default judgment under CCP §473(b) must be based on either: declarations or other evidence showing “mistake, inadvertence, surprise, or excusable neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP §...

Excerpt: ...th the operative complaint being the Third Amended Complaint (TAC). The TAC alleges causes of action for 1) failure to pay wages 2) disability discrimination; 3) perceived disability discrimination; 4) work environment harassment; 5) retaliation (Gov. Code, § 12940(h)); 6) retaliation [Labor Code, § 1102.5]; 7) retaliation [Labor Code, § 246.5]; 8) failure to prevent harassment, discrimination and retaliation; 9) failure to provide reasonable ...

Excerpt: ...rmination, failed to provide accurate wage statements, failed to maintain accurate payroll records, and failed to reimburse business expenses. Plaintiff filed the Complaint on July 14, 2022 alleging a single cause of action under the Private Attorneys General Act, Labor Code § 3698 et. se. (PAGA). Defendant now moves to compel Plaintiff to arbitration of her individual claims and stay (or alternatively dismiss) the representative claims pending ...

Excerpt: ...gan marketing similar products to Plaintiff's customers using confidential information in violation of their employment contracts. Plaintiff alleges that Defendants stole customer data and diverted sales from Impact to Activate Page 4 of 8 and used Plaintiff's intellectual property in the design of the Activate website to make it look like Impact's website. Plaintiff also asserts that Defendants stole technical and manufacturing plans. Plaintiff ...

Excerpt: ... one, via mail. Plaintiff failed to provide any responses. They request sanctions of $783 against Plaintiff. Plaintiff's counsel mis-calendared the response date. He complains about the lack of meet and confer. He contends that the court should allow Plaintiff to serve responses, upon receiving new counsel, pursuant to CCP §473. Defendants contend that there is no meet and confer requirement, that there is no basis for relief and still have not ...

Excerpt: ...reclosed on the property and Defendant Home Expo Page 6 of 6 Financial, Inc. obtained the property. Plaintiff filed this action on 12/15/22 and filed the First Amended Complaint (FAC) as a matter of right on 1/4/23. The FAC asserts: (1) fraud; (2) breach of fiduciary duty; and (3) quiet title. In a separate proceeding (UDCO 2201631), Home Expo filed an unlawful detainer action against Jauregui on 11/7/22. On the day of trial, the parties entered ...

Excerpt: ...ead. (Comp. ¶29.) Plaintiff alleges this defect places the subject vehicle at a heightened risk of being rear-ended and dangerously prevents the vehicle from moving out of the way of potential obstacles. (Comp. ¶31.) Plaintiff alleges Nissan knew of the defect but concealed this knowledge from consumers and Plaintiff. There are two defendants: Defendant Nissan (Comp. ¶2) and Defendant DPEP 3, Inc. dba Raceway Nissan (¶3). It is slightly confu...

Excerpt: ...xpress Warranty Under the Song-Beverly Act, and 3) Fraudulent Concealment. By these two Motions, Plaintiff moves to compel Defendant to provide further responses to special interrogatories 14, 40-45 and 57 and requests for production of documents 1, 3 and 9. Plaintiff asserts that the discovery sought relevant information, the objections are without merit and the responses were incomplete, non- responsive and/or evasive. In Opposition, Defendant ...

Excerpt: ...emor of Riverside GM, LLC in Riverside, California (“GM” or “Defendant”). (See Complaint, ¶¶ 5, 32.) Plaintiffs do not claim to have spoken with any GM personnel before they decided to buy the Silverado. (See generally id. at ¶¶ 32-34.) On October 17, 2022 Plaintiff sued GM alleging two “breach of warranty” claims under SongBeverly and a single common law “Fraudulent Concealment” claim. Defendant now brings this demurrer to th...

Excerpt: ...6 with Defendant Sigala. At the time of the accident, Sigala was not insured. Plaintiff, pursuant to its policy of insurance with Chapin, paid the total sum of $101,005.39 for property damages sustained and uninsured motorist and collision benefits. Plaintiff seeks recovery of this sum from Defendant. The FAC was served on Sigala on April 24, 2020 at 5:23 p.m. at 4460 Forest Street, Riverside, California. (Proof of Service filed 6/1/20.) Defendan...

Excerpt: ...pregnancy, childbirth or related medical condition [Cal. Gov't Code § 12940(a)]; 2. gender discrimination [Cal. Gov't Code § 12940(a)]; 3. gender plus discrimination [Cal. Gov't Code § 12940(a)]; 4. discrimination based on association with disability [Cal. Gov't Code § 12940(a); § 12926(o)]; 5. failure to prevent discrimination [Cal. Gov't Code §12940(k)]; 6. failure to provide equal pay to women [Cal. Lab. Code §1197.5(a)]; 7. sexual hara...

Excerpt: ...table dwelling, (2) breach of covenant and right to quiet enjoyment and possession of the property, (3) nuisance, and (4) negligence. The Complaint seeks general and special damages, rent abatement, punitive damages, and statutory damages under applicable law. Plaintiffs allege that they were tenants of a property located at 41241 Orange Place, Hemet, California (the “Property”), owned and managed by Defendants. (Compl. ¶ 1.) They have resid...

Excerpt: ...e Project consisted of over 50 lane miles of Jointed Plain Concrete Paving (JPCP) and the widening of twelve bridges including the Santa Ana River Bridge (SARB), which required erecting 175-foot, 235,000-pound girders. Plaintiff was the design-build contractor. In March of 2018, Plaintiff awarded the SARB girders subcontract to Defendant, OldCastle Infrastructure, Inc. (OldCastle), which was to fabricate and deliver the girders according to speci...

Excerpt: ...rdy (collectively “Defendants”) were all aware of the dangerous propensity of the dog. Defendants allegedly caused or allowed the dog to bite Plaintiff. Plaintiff's operative First Amended Complaint asserts claims for negligence and strict liability. Trial is set for April 14, 2023. On January 9, 2023, the court denied Defendant Topline's ex parte application to continue the trial to April 21, 2021. On January 9, 2023, the court amended the o...

Excerpt: ...chased a 2019 Chrysler Pacifica (the “Vehicle”), which was manufactured and distributed by FCA, from non-party dealer, Jim Manning Dodge, Inc. in Dinuba, California (Tulare County). (Complaint, ¶ 8; Declaration of Ali Azemoon in Support (“Azemoon Decl.”), ¶ 2, Exhibit A.) The Vehicle was backed by various warranties. (Complaint, ¶ 9.) Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the warran...

Excerpt: ...aintiff alleges she was on her 32nd year of employment when was transferred from Southwest Justice Center to HOJ as a Court Service Assistant II. On December 13, 2016, Plaintiff was assigned to train with senior supervisor Defendant Jessica Torres (“Torres”). Plaintiff alleges Torres was “heavily bothered by plaintiff” as evidenced by heavy sighing, rude conduct and negative body language which created a hostile work environment. On April...

Excerpt: ...lied on codefendant Benjamin Iverson to act as her primary caregiver and custodian. The Complaint alleges that on an unspecified date, Decedent went to a BANA branch in Lake Elsinore, California, and transferred funds from her BANA accounts to accounts where Iverson was named as the POD beneficiary. Plaintiff contends this breached the terms of the trust which required Decedent to notify Patrick upon removal of assets from the trust. Decedent pas...

Excerpt: ...ok Account; (2) Account Stated; (3) Reasonable Value for Services Rendered; and (4) Unjust Enrichment. The Complaint initially named Vacation Page 5 of 7 Pools & Spas, Inc. as defendant. However, a Doe amendment was filed on February 11, 2020 naming VPI. In September 2020, the parties, by and through their respective principles, Jonathan Reiss for Kajon and Gerald Hampton for VPI, entered into a settlement agreement whereby VPI agreed to pay $7,5...

Excerpt: ..., and violated numerous wage and hour laws as a result. When she complained, she was terminated from her employment. Plaintiff filed the Complaint on May 12, 2022, alleging 1) failure to pay meal and rest break premiums; 2) failure to pay overtime; 3) failure to pay minimum wages; 4) failure to provide accurate wage statements; 5) violation of Bus. & Prof. Code § 17200 et. seq.; 6) civil penalties under Labor Code § 558; 7) failure to pay final...

Excerpt: ... that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing party may not rely ...

Excerpt: ...10, 000 (purchase option). If for any reason tenant declines to exercise the purchase option, the tenant shall have the option to renew the lease through and until 12/31/2020 on the same terms as stated in the lease agreement (renewal option). If tenant exercises the renewal option, tenant shall have the option on 12/31/20 to purchase the premises for a fair market value at that time. Fair market value shall be determined by a real estate profess...

Excerpt: ...oppose this motion. Plaintiff submitted the declaration of Dr. Donald Weissman with her supplemental papers. Defendant objects to the admission of Dr. Weissman's declaration on several grounds. Analysis 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. (C.C.P. § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that th...

Excerpt: ... the following: (1) Violation of Civil Code §1793.2(d); (2) Violation of Civil Code §1793.2(b); Violation of Civil Code §1793.2(a)(3); (4) Breach of Express Written Warranty; and (5) Breach of Implied Warranty of Merchantability. Page 7 of 8 On September 14, 2022, Plaintiff propounded their Request for Production of Documents, Set One on Defendant. On October 10, 2022, Defendant served responses. Plaintiffs contend Defendant's responses contai...

Excerpt: ...to Dennis' house located at 5701 Dodd Street in Mira Loma (the “Premises”) was in his deceased wife's name, and her will deeded the home to his stepdaughters if he remarried. Dennis, Mary and Andrea were friends and members of The Church of Jesus Christ of Latter-day Saints. Following Mary's death, Dennis pursued Andrea romantically. In August 2015, Andrea agreed to marry Dennis. Andrea had a business selling wholesale clothing to retail comp...

Excerpt: ...heduled for January 11, 2023. On January 6, 2023, Defendant served an Objection to Plaintiff's Notice of Deposition of Defendant and Request for Production of Documents, and now seeks a protective order from this Court to prevent Defendant from being present on the noticed date as it was unilaterally noticed without first obtaining dates and times in which Defendant and Defendant's counsel would be available. Previously, on February 1, 2023, the ...

Excerpt: ... employment, he was harassed, mocked and ridiculed based on his race/national origin (Black/Nigerian) by employees and supervisors alike, including Grmusha. On a daily basis, they would make fun of Plaintiff's accent while he would speak and make comments mocking his accent. Page 6 of 10 In July 2021, Plaintiff informed his supervisor that he was suffering from anxiety and depression. Plaintiff requested to be transferred out of the Moreno Valley...

Excerpt: ...ooley at 2384 La Mirada Drive, Vista, California 92081. Defendants assert that the purported service as to all these Defendants is improper and void, and should be quashed. Plaintiff filed no proof of service of summons as it relates to MJNA, and therefore the service of summons must be quashed, as there is no evidence that the person served was MJNA's ostensible agent. Plaintiff did file a purported proof of service of summons as it relates to K...

Excerpt: ...(2) Premises liability, (3) Dangerous condition of public property, and (4) Public nuisance). WCA now moves for summary judgment on the Complaint as to the cause of action for negligence, which is the only claim Plaintiff asserts against WCA. The Complaint alleges as follows: On the night of December 30, 2020, Plaintiff was traveling west on Mission Boulevard in the City of Jurupa Valley, at which time he came across a eucalyptus tree, approximat...

Excerpt: ...005‐ E Notice of Demurrer and Demurrer to Complaint Tentative Ruling: Plaintiff alleges that this case is about a misguided collection of a debt. (Complaint ¶ 14.) Plaintiff alleges that the named Defendants, US Bank National Association, Banc of America Funding Corp. and Quality Loan Service Corp., are the true creditors and no money is owed as they hold no valid deed of trust. (Id.) Plaintiff alleges that the debt has been discharged against...

Excerpt: ...Plaintiff and his co‐workers were using equipment to grow marijuana and extract THC and/or CBD. The machines were designed, manufactured and/or assembled by Defendant Xtractor Depot, LLC, which is owned by Defendants Andrew Yoon, So Cal Medical Supplies, LLC, Sei Raikura, Jordan Kim, JK2, and Madam K. Plaintiff filed this action on 8/3/22. He filed the First Amended Complaint (FAC) as a matter of right on 10/31/22. The FAC asserts: (1) breach o...

Excerpt: ...�person deposition, and for the imposition of monetary sanctions against Plaintiff and her counsel of record for misuse of the discovery process. Defendant contends that (1) Plaintiff failed to appear to a properly‐noticed deposition and should be compelled to submit to a deposition; and (2) the Court must impose a monetary sanction in the amount of $3,903.75, absent specified findings, for Plaintiff/Plaintiffs' Counsel's misuse of the discover...

Excerpt: ...ation Health Plan, Inc., and The Permanente Medical Group Inc. (“Kaiser Defendants”). On February 9, 2021, the pump malfunctioned by administering too much insulin. Plaintiff was driving when this occurred, which caused him to enter hypoglycemic shock rendering him unconscious and unable to operate his vehicle resulting in his crashing into a concrete wall causing him severe personal injuries. Plaintiff alleges Medtronic knew the pump was def...

Excerpt: ...uisite to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) Actual notice of the action alone is not a substitute for proper service. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 392 (“Zara”).) A summons may be served on an individual by delivering copies of the summons and complaint to him personally or to someone authorized to accept summons on his behalf. (CCP § 416.90; Zara, 199 Cal.App.4...

Excerpt: ...s argue the SAXC essentially repeats the allegations of the original cross‐complaint and the FAXC and such allegations are insufficient to constitute a cause of action as to the first to sixth, the eighth to fourteenth, and sixteenth causes of action. Each of the causes of action are challenged under Code of Civil Procedure section 430.10(e) for failure to state facts sufficient to constitute a cause of action and for uncertainty under Code of ...

Excerpt: ...ng pregnant. Plaintiff filed this action on February 10, 2021, alleging various FEHA causes of action, declaratory relief and wrongful termination. On May 13, 2021, Defendant filed an Answer alleging twenty‐ seven affirmative defenses. On September 22, 2022, the Court denied Defendant's Motion to Compel Arbitration. At that time, trial was set for January 20, 2023. Trial is now set for February 3, 2023. On December 14, 2022, Defendant brought a...

Excerpt: ... amount owed under the management agreement. The parties entered into a settlement agreement to resolve their disputes regarding the unpaid amount owed under the management contract. Plaintiff contends that Defendants breached the settlement agreement and owe Plaintiff $233,000.00. The complaint asserts a cause of action for breach of contract and fraud. Defendants were served via substitution of service through a school receptionist on 8/25/21 (...

Excerpt: ... he was not personally served as indicated by the proof of service. Further, that the address at which service was indicated is his mother's residence, not his, and that on the date of service the property was not occupied, but his brother would periodically stop by to collect the mail and check on the house. Defendant moves pursuant to CCP §473(b) to set aside default based on mistake, inadvertence, surprise, or excusable neglect. In opposition...

Excerpt: ...o amend as to the causes of action for equitable indemnity, declaratory relief, and third‐party tort of another. FNBA was granted a 30‐day leave to amend its pleading. In accordance with the Court's order, on October 17, 2022, FNBA filed its SACC, alleging the three causes of action for (1) equitable indemnity, (2) declaratory relief, and (3) third party tort of another. FNBA is a defendant in the underlying action filed by homeowners for FNB...

Excerpt: ...dants move to compel arbitration based on the Retail Installment Sales Contract (RISC) and the FAA applies. They argue that the equitable estoppel doctrine and Felisilda apply. They contend Plaintiff's claims are inextricably intertwined with the RISC because a plaintiff must have purchased a new motor vehicle to have a Song Beverly claim. They contend that the RISC has an express warranty as an additional provision. Defense argues they are a thi...

Excerpt: ...vided. He owes Home Care $48,197.03. The complaint asserts the following causes of action: (1) breach of written contract, (2) common count for work and services performed, and (3) common count for closed book account. Scruton has filed a cross‐complaint against Home Care. In his original cross‐ complaint he alleged that he could not be released from his rehabilitation center without proof of 24‐ hour care. Home Care represented that it cou...

Excerpt: .... (Complaint, ¶8.) On March 25, 2022, Defendant posted a negative review about Plaintiff's workmanship on the Better Business Bureau website. (See Complaint, ¶20.) Plaintiff alleges that the review is blatantly false, but that Defendant posted this information in order to extort Plaintiffs to make repairs to her kitchen and specifically to her backsplash that Plaintiffs was not responsible for. (Id., ¶21, 22.). Plaintiff sent Defendant a deman...

Excerpt: ...��Beverly Act, 2) Breach of Express Warranty Under the Song‐Beverly Act, and 3) Fraudulent Concealment. Demurrer: Defendant General Motors demurs to the 3rd cause of action for fraudulent concealment on the grounds that the claim is barred by the statute of limitations and/or the economic loss rule and/or fails to state facts sufficient to state a cause of action. Defendants asserts that the three‐ year statute of limitations for fraud bars P...

Excerpt: ...judicial notice of the tentative ruling on the last demurrer. Court filings are judicially noticeable (Evid. Code, § 452, subd. (c)), the document is relevant to the current procedural posture of the case. Request is granted. Petitioners request judicial notice of a redline comparison of the TAP and 4AP, an easement dead, ordinance no. 734, a letter used by HOAs to certify results of votes about STR issues, and some legislative history behind CC...

Excerpt: ...executed an Employment Agreement which includes a provision entitled “Agreement to Arbitrate Disputes” (the “March 2001 Arbitration Agreement”). (Id. at ¶¶ 6–7. Ex. A.) On May 16, 2001, upon Plaintiff's initial start date, Plaintiff again executed an Employment Agreement which includes a provision entitled “Agreement to Arbitrate Disputes” (the “May 2001 Arbitration Agreement”). (Id. at ¶ 9, Ex. B.) The May 2001 Arbitration A...

Excerpt: ...om her position for being pregnant. Plaintiff filed this action on February 10, 2021, alleging various FEHA causes of action, declaratory relief and wrongful termination. On May 13, 2021, Defendant filed an Answer alleging twenty‐seven affirmative defenses. On September 22, 2022, the Court denied Defendant's Motion to Compel Arbitration. Trial is presently set for January 20, 2023. Defendant now brings a Motion to for Leave to File Amended Answ...

Excerpt: ...ants. According to Plaintiff, some of the responses were evasive, incomplete, and missing responsive documents. On September 15, 2022, Defendants served their responses to the SROGs and RFPs. On October 18, 2022, after receiving Defendants' responses, Plaintiff's counsel called Defendant's counsel to meet and confer. During the meet and confer, the parties agreed to extend further responses by two weeks, setting a deadline of November 1, 2022. (N...

Excerpt: ...e of a party, without having served a valid objection, fails to appear for examination, to proceed with it or to produce for inspection any document described in the deposition notice. Before filing either a motion to compel, the moving party is required to make a reasonable and good faith effort to meet and confer in an attempt to informally resolve the issues. (See CCP §§ 2016.040 and 2025.480.) Defendant is requesting the Court to order Plai...

Excerpt: ...before filing a Demurrer or Motion to Strike “the moving party shall meet and confer in person or by telephone” with the party who filed the pleading that is subject to demurrer or the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike. On November 22, 2022, Defendants' counsel, Gabriel Benrubi submitted a declaration, stating t...

Excerpt: ...ls Co. (1981) 123 Cal.App.3d 593, 604.) “In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) However, a demurrer does not admit contentions, deductions or conclusions of fact or ...

Excerpt: ... and to avoid the substantial danger of inconsistent adjudications. (Todd‐Stenberg v. Daikon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978‐979.) The moving party needs to show that the issues in each case are basically the same and that economy and convenience would be served by consolidation. (Ibid.) Consolidation is proper where there is no risk of undue confusion and prejudice. (Id. at 980.) The exercise of a court's discretion wit...

Excerpt: ...rivacy and other constitutional rights. (Reuter v. Superior Court (1979) 93 Cal.App.3d 332, 343.)1 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...

Excerpt: ... complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing party may not rely upon the allegat...

Excerpt: ...te to imposition of the sanction: (1) there must be a failure to comply with a valid discovery order and (2) the failure must be willful.” (Kayne v. The Grande Holdings Limited (2011) 198 Cal.App.4th 1470, 1474.) 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 ...

Excerpt: ...ading” and “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.” Motions to strike can be used to attack the entire pleading, or any part thereof. (Code Civ. Proc., § 435; Warren v. Atchison, T. & S.F. Ry. Co. (1971) 19 Cal.App.3d 24, 40.) As with demurrers, the grounds for a motion to strike must appear on the face of the pleading under attack, or...

Excerpt: ...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.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. C...

Excerpt: ...dified if the requirements of Civil Code § 1698 are met. Relevant here, Civil Code § 1698(b) provides: “A contract in writing may be modified by an oral agreement to the extent that the oral agreement is executed by the parties.” “An executed contract is one, the object of which is fully performed.” (Civil Code § 1661.) Where there is an oral agreement to reduce the rent, “[i]n so far as the payments of rent made under the oral agree...

Excerpt: ...0.10(e).) 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. 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...

Excerpt: ...ng party on September 08, 2022, which indicates that the moving party has met and conferred by telephone at least five days before the date a responsive pleading was due, this requirement has been satisfied. Analysis I. Legal Standard. A party against whom a cross‐complaint has been filed may object by demurrer to the pleading. (Code Civ. Proc., § 430.10.) A demurrer lies where the pleading does not state facts sufficient to constitute a cause...

Excerpt: ...ete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing party may not rely upon the allegations o...

Excerpt: ...20, 2022, Mr. Marvel sent a formal letter to Plaintiffs' counsel with a copy of the publicly recorded 2017 relinquishment of the property from State to County of Riverside. (Id. at ¶ 4.) On July 25, 2022, Plaintiffs' counsel sent a letter to Mr. Marvel, stating that Plaintiffs would not dismiss the State based on the information provided. (Id. at ¶ 5.) Mr. Marvel thereafter sent one written letter (¶ 11), three emails (¶¶ 6, 7, 13), and call...

Excerpt: ...336, 347.) Section 1281.2 provides that “[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that ...[¶]... [¶]...[g]rounds exist ...

Excerpt: ...on cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The o...

Excerpt: ...Plaintiff alleges that throughout his employment, he was harassed, mocked and ridiculed based on his race/national origin (Black/Nigerian) by employees and supervisors alike. On a daily basis, they would make fun of Plaintiff's accent while he would speak and make comments mocking his accent. Grmusha also routinely called him a “lazy piece of sh**.” (FAC, ¶ 13.) As a result of the hostile work environment, Plaintiff suffered from anxiety and...

Excerpt: ...SO, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Tentative Ruling: 1. Demurrer 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 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 Univ. of Cal. (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all...

Excerpt: ...y, opposes the motion arguing that Plaintiff has failed to demonstrate that she is entitled to further responses to FR‐G or FR‐E; that the responses are complete, accurate, and Code‐compliant; that Plaintiff failed to meet and confer in good faith; and failed to establish that sanctions are warranted. No reply was filed as of 10/17/22. Analysis CCP §2030.300 provides that where a responsive party serves a discovery response that is evasive...

Excerpt: ... of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records disclose an absolute defense to the action or deficiency in the complaint, the matter can be ...

Excerpt: ...retained experts generally are privileged unless a party expects to offer their expert opinion at trial, and whether they will testify at trial need not be disclosed until shortly before trial. (Schreiber v. Estate of Kiser, 22 Cal. 4th 31, 37, 91 Cal. Rptr. 2d 293, 989 P.2d 720 (1999)) The Discovery Act provides a method for ascertaining before trial the names and addresses of the expert witnesses whose testimony each party intends to introduce ...

Excerpt: ... Mark Lieberman, DDS, who opines that defendant did not breach the standard of care or cause any of plaintiffs' damages. Defendant gave more than 80 days' notice as required (75 days for the MSJ, plus 5 for service (Code Civ. Proc. (CCP), §§ 437c, subd. (a), 1013, subd. (a))). The trial in this matter is set for 3/24/22. Plaintiff filed no opposition and instead filed notice that she would not oppose this motion. Analysis Summary judgment is gr...

Excerpt: ...hich the examination is requested. Pursuant to CCP §2025.450(a), where a party fails to appear, without a valid objection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be accompanied by a meet and confer declaration under CCP §2016.040. (CCP §2025.450(a).) Implicit in the requirement is that counsel make a good faith attem...

Excerpt: ...he right of privacy. (John B. v. Superior Court (Bridget B.) (2006) 38 Cal.4th 1177, 119.) As stated by the California Supreme Court: “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. [Citations.] The party seeking information may raise in response whatever legitimate and important coun...

Excerpt: ...ce (CCP 2025.250(a)). At the election of the deponent or the deposing party, the deposition officer may attend the deposition at a different location than the deponent via remote means. A deponent is not required to be physically present with the deposition officer when being sworn in at the time of the deposition (CCP 2025.310(a)). Subject to Section 2025.420, any party or attorney of record may, but is not required to, be physically present at ...

Excerpt: ...plaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) “In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) However, a d...

Excerpt: ...ntenance of the property for approximately 20 years, during which time he made no claims on the property. Martinez has filed the instant motion to strike that portion of the Cross‐Complaint which explains his alleged absence from the property while Arangure remained in exclusive possession over the property for the past 20 years: “he violated Penal Code § 288(a) – Lewd or Lascivious Acts with a Child, the daughter of DENISE ARANGURE. He wa...

Excerpt: ... 11 seeks similar documents and ESI, relating to any notices, warranty extensions, technical service bulletins and recalls. RFP no. 12 seeks similar documents and ESI as to customer complaints, claims, reported failures, and warranty claims. RFP no. 13 seeks similar documents and ESI concerning failure rates of vehicles of the same year, make, and model as the subject vehicle. RFP no. 13 seeks similar documents and ESI as to any fixes. Defendant ...

Excerpt: ...ause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action.” (CCP, § 437c, subd. (p)(1).) Once such a showing has been made, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) The opposing pa...

Excerpt: ...r was heard before Judge Lydia Villarreal, a visiting judge. Judge Villareal's temporary assignment to Riverside County Superior Court ended and therefore Judge Villarreal is unavailable to hear this motion. Consequently, this court requested and received the entire record of the trial. I have read and reviewed all the trial materials in order to rule on the instant motion. Insufficient evidence to justify verdict or decision A new trial shall no...

Excerpt: ...ight to assert a meritorious cause of action.” (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) Great liberality is exercised in matters of amendment so that cases may be decided on their merits. (Desney v. Wilder (1956) 46 Cal.2d 715, 751.) But, despite, the liberal policy of generally granting leave to amend, it “may be denied if there is prejudice to the opposing party, such as delay in trial, loss of critical evidence, or added costs ...

Excerpt: ... taken. Crowley v. Katleman (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. C.C.P. § 425.10: Home Care contends the complaint fails because it does not comply with C.C.P. § 425.10(2). This code section requires that a complaint contains “[a] demand for judgment for the relief to which the pleader c...

Excerpt: ...leading 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. 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...

Excerpt: ...)(e) attacks the complaint for failing to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) 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 im...

Excerpt: ... to the facts being alleged by Plaintiff is California Government Code § 835 which provides for liability against governmental entities for injuries caused by dangerous conditions of its property in the event the requisite elements are satisfied. In essence, said code section “is the principal provision addressing the circumstances under which a governmental entity may be held liable for maintaining a dangerous condition of public property.”...

Excerpt: ...y and completely without merit or for the sole purpose of harassing an opposing party.” C.C.P. § 128.5(b)(2). “Whether an action is frivolous is governed by an objective standard: any reasonable attorney would agree it is totally and completely without merit. [Citation.] There must also be a Page 11 of 12 showing of an improper purpose, i.e., subjective bad faith on the part of the attorney or party to be sanctioned.” Levy v. Blum (2001) 9...

Excerpt: ...s of action, Defendant argues that they fail because Allied was not properly licensed during the performance of the jobs, and therefore, Allied and Pacific Coast's claims to recover any funds are precluded by Bus. & Prof. Code § 7031. With respect to the third (intentional interference with contractual relations) and fourth (intentional interference with prospective economic advantage) causes of action, Defendant argues that they are barred by t...

Excerpt: ...t Court for the Central District of California. • Plaintiff's Complaint in the federal action Hite v. Equity Lifestyle Properties, et al., U.S. District Court for the Central District of California. • Petitioner, Arciero Wine Group, LLC's Petition for Writ of Mandate or Other Appropriate Relief; Memorandum of Points and Authorities in the matter of Arciero Wine Group, LLC v. Superior Court of the State of California for the County of San Luis...

Excerpt: ...h FNBA's counsel on June 21, 2022, to discuss Amica's position that the FACC could not be cured. (Declaration of Richard J. Reese, ¶ 4.) However, FNBA declined to dismiss the FACC against Amica. (Ibid.) The meet and confer requirement has been met. Analysis I. Legal Standard. A party against whom a cross‐complaint has been filed may object by demurrer to the pleading. (Code Civ. Proc., § 430.10.) A demurrer lies where the pleading does not st...

Excerpt: ...ioners exhausted remedies by submitting comments in writing, which they attach and which address all of the allegations made in the TAP. (See Gov. Code, § 65009, subd. (b)(1) [“In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of a public agency made pursuant to this title at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or...

Excerpt: ...a judgment, dismissal, order, or other proceeding taken against her, due to her or her counsel's mistake, inadvertence, surprise, or excusable neglect. Said motion must be brought within six months after entry of the judgment, dismissal, or order at issue. The moving party bears the burden of proving that she is entitled to relief. Jackson v. Bank of America (1983) 141 Cal.App.3d 55, 58. A mistake of law or fact can be the basis of relief under C...

Excerpt: ...Under section 2023.010, a terminating sanction may be imposed for “a misuse of the discovery process.” Nevertheless, the imposition of terminating sanctions should be used sparingly and is not appropriate here because plaintiff still has time prior to trial to use the discovery process to obtain the information she claims was withheld. Summary of terminating sanctions procedure The Discovery Act provides for sanctions based on a misuse of the...

Excerpt: ...risk of harm to Plaintiff by allowing Plaintiff to run drills with varsity players. Further, there are triable issues of material fact regarding whether Defendant's conduct in failing to take Plaintiff off the field after observing him get hit constitutes gross negligence and defeats Plaintiff's alleged assumption of the risk. [Defendant's Notice of Lodgment, Ex. A, UMF 3 and UMF 14 (and Plaintiff's responses), Plaintiff's UMF 14 (and Defendant's...

Excerpt: ...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. (C.C.P. § 437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Agui...

Excerpt: ...ural Materials Co. (1981) 123 Cal.App.3d 593, 604.) “In short, the ruling on a demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) However, a demurrer does not admit contentions, deductions or conclusions...

Excerpt: ...g to state sufficient facts to state a cause of action or lack of subject matter jurisdiction. (McKenney v. Purepac Pharmaceutical Co. (2008) 167 Cal.App.4th 72, 77.) 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. The defects must ap...

Excerpt: ... claim,” any party to the action may record a lis pendens. ([Cod. Civ. Proc. (CCP),] § 405.20.) A ‘court shall order' expungement of a lis pendens if the pleading on which the lis pendens is based does not state a real property claim, if the claimant fails to establish the probable validity of the claim on which the lis pendens is based, or if the giving of an undertaking would secure adequate relief to the claimant. ([CCP,] §§ 405.31, 405...

Excerpt: ...sts judicial notice of a trial court ruling from Sacramento. The court will deny judicial notice. First, it is not an order—it is a tentative ruling that there are no indications that it was adopted. Second, even if it was adopted, trial court rulings have no precedential value. (Bolanos v. Superior Court (2008) 169 Cal.App.4th 744, 761.) Merits A defendant's motion for judgment on the pleadings may be made on the grounds that the court lacks j...

Excerpt: ...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). If the complaint fails to state a cause of action, the court must ...

Excerpt: ...er of inconsistent adjudications. (Todd‐Stenberg v. Daikon Shield Claimants Trust (1996) 48 Cal.App.4th 976, 978‐979.) The moving party needs to show that the issues in each case are basically the same and that economy and convenience would be served by consolidation. (Ibid.) Consolidation is proper where there is no risk of undue confusion and prejudice. (Id. at 980.) The exercise of a court's discretion with respect to consolidation is exce...

Excerpt: ... of action.” (Code Civ. Proc., § 430.10, subd. (e).) A demurrer can only reach a defect that “appears on the face [of the complaint], or from any matter of which the court is required to or may take judicial notice.” (Code Civ. Proc., § 430.30, subd. (a).) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be.” (Del E. Webb Corp. v. Structura...