Excerpt: ...ed, or beyond the scope of discovery. CCP §2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929. Under Evidence Code § 1040(b), a public entity has privilege to refuse to disclose official information, if “[d]isclosure of the information is against public inte rest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice . . .” “Evid...

Excerpt: ...d Code § 452(b) 1. Deny the Motion for Summary Judgment. 2. Deny the Motion for Summary Adjudication of the Negligence cause of action as Defendant failed to meet its initial burden that it did not cause Plaintiff's injuries. 3. Grant the Motion for Summary Adjudicati on of the Intentional Infliction of Emotional Distress cause of action as there is no evidence or triable issue of fact of extreme or outrageous conduct. The elements of a neglige...

Excerpt: ...Saccuzzo Dec l. ¶¶13–18.) Contrary to GMWC's argument, “California courts do not require detailed time records, and trial courts have discretion to award fees based on declarations of counsel describing the work they have done and the court's own view of the number of hours reasonably spent.” (Syers Properties III, Inc. v. Rankin (2014) 226 Cal.App.4th 691, 698; see also Concepcion v. Amscan Holdings, Inc. (2014) 223 Cal.App.4th 1309, 132...

Excerpt: ...ndants waived untimeliness of the Second Amended Complaint by filing the demurrer addressing the substance of Plaintiff's complaint. The motion to strike punitive damages is moot. As to the 4COA, 5COA and 6COA, in sustaining the demurrer to the FAC, the Court explai ned that 1) Plaintiff failed “to allege any specifics including the how, when, where, to whom and by what means the representations were tendered”; 2) Plaintiff failed “to all...

Excerpt: ...tlement o pportunities. Factual/Procedural Context This action arises from the parties' contractual dispute. On January 26, 2021, Plaintiffs/Cross -Defendants Joseph F. Schallert (“Mr. Schallert”) and Amy E. Schallert (“Ms. Schallert”) (collectively, “Cross -Defend ants”) entered into a written Vacant Land Purchase Agreement (“VLPA”) with Defendant/Cross - Complainant North Pacific Developments, Inc. (“NPD”) for the purchase ...

Excerpt: ...es), represe nted to Plaintiffs that they were all qualified to complete the project within six months, and that they inferred the project would cost about $500,000. The Complaint alleges that these representations were false, that the Defendants were not properly lice nsed or qualified, and that the Defendants did not do the work properly, finish on time, or stay within the agreed -upon budget. Defendants David McFarland and David McFarland G...

Excerpt: ...ber 13, 2021, Plaintiff Mario Serna (“Plaintiff”) purchased a 2021 Honda Accord (“Subject Vehicle”), which was manufactured and/or distributed by Defendant American Honda Motor Company (“Defendant” or “Honda”). The Subject Vehicle was purchased with certain express warranties. Plaintiff alleges that the Subject Vehicle was delivered with defects and nonconformities, including a defective Honda Sensing System. Plaintiff asserts tha...

Excerpt: ...on against Defe ndant Asurion Consumer Solutions, Inc. Defendant Asurion demurs to each of these causes of action, on the grounds they are fatally uncertain, and do not allege facts sufficient to state a valid cause of action against Asurion. Defendant also asserts that t he CTAC is a sham pleading. Defendant asserts that Plaintiff's Third Amended Complaint, and the corrected version, constitutes a “Sham Pleading” in that she omitted allegati...

Excerpt: ... property and i ts value; (4) the location of the property and if it is within private property, a showing that there is probable cause to believe that such property is located there; and (5) a statement that the property has not been taken for tax, assessment, or fine, u nder a statute; or seized. CCP § 512.010(a). Unless the court finds that the defendant has no interest in the property, the court shall not issue a writ of possession “unti...

Excerpt: ...021, the Insured pur chased a workstation cubical (“cubical”) designed, manufactured, distributed, and/or sold by Defendants Herman Miller, Inc. (“HMI”) and GM Business Interiors (“GM”) (collectively “Defendants”). Plaintiff asserts that Defendants also installed the cubical prior to March 5, 2021. The cubical includes a light fixture. Plaintiff alleges that on March 5, 2021, the light fixture failed causing a fire that resulte...

Excerpt: ...ON (MOTION F OR FURTHER SANCTIONS RELATING TO REQUEST FOR PRODUCTION OF DOCUMENTS) CVRI2105527 HERNANDEZ VS COUNTY OF RIVERSIDE MOTION FOR FURTHER SANCTIONS RELATING TO SPECIAL INTERROGATORIES Tentative Ruling: This is a wrongful death action brought by Plaintiffs, Jul ia Hernandez, Ricardo Aguilar, Sr. (“Ricardo”) (because multiple people share a last name, they are referred to “by their first names to avoid any confusion. No disrespect i...

Excerpt: ... showing t hat 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.) Importantly, a moving defendant est ablishes a right to summary judgment by showing that the plaintiff lacks the evidence to support at least one element of the cause(s) of action pleaded. (Cole v. Town of Los Gatos (2...

Excerpt: ...d. Plainti ffs Elliot A. Schutzer and Aileen P. Schutzer individually, and as trustees of the Schutzer Trust 2002 dated April 19, 2002 (“Plaintiffs”) are the owner a large residential property located in Rancho Mirage (“Subject Property”). On May 18, 2020, Plaintiffs entered into a written construction contract (“Contract”) with Defendant Engstrom Construction, Inc. (“ECI” or “Defendant”) for a major remodeling project for the...

Excerpt: ...y.” The determination of whether to Page 5 of 9 consolidate two actions is a matter for the trial court's discretion. (Muller v. Robinson (1959) 174 Cal.App.2d 511, 515. The purpose of consolidation is to enhance trial court efficiencies and consolidation should be gra nted to: (1) avoid repetitive trials of common issues; (2) avoid unnecessary costs and delays; and (3) avoid a substantial risk of inconsistent adjudications. (Todd -Stenberg v. ...

Excerpt: ... SHARONA ESLAMBOLY HAKIM as to why sanctions not to exceed $1,500.00 or dismissal should not be imposed for Failure to file timely proof of service on all cross -defendants pursuant to CRC 3.110(c). C.C.P. §473(b) allows relief from a default or dismissal where there has been a mistake, inadvertence, surprise or excusable neglect. Relief on these grounds is discretionary. (C.C.P. § 473(b); Lorenz v. Commercial Accept. Inc. Co. (1995) 40 Cal.Ap...

Excerpt: ...aulted Plain tiffs resulting in injuries. (Complaint, ¶¶ 12 -26.) Plaintiffs allege that Defendants Dawson, Francis and Scott were coaches for Defendant Menifee Elite Athletics Sports, LLC (“Menifee Elite”). (Complaint, ¶¶ 43 -44.) On 12/7/22, Plaintiffs filed this Com plaint alleging claims against Defendants Menifee Elite, Dawson, Francis and Scott, for: 1) Assault and Battery; 2) Intentional Infliction of Emotional Distress; 3) Negli...

Excerpt: ...nses to Deposit ion Questions numbers 2, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 22, 23 25 and 27. Sanctions not imposed pursuant to agreement between parties that “sometimes there are issues that just need the court to resolve (Harnik Decl.) Moving party to provide notice pursuant to CCP 1019.5. This is an employment law case in which Plaintiff Norma Castellanos alleges 17 causes of action for: 1) gender harassment, 2) sexual harassment, 3) failur...

Excerpt: ...nty manifested within the a pplicable warranty period, which AHM's authorized facility Defendant Lake Elsinore Honda was unable to repair. (Complaint, ¶¶ 11 -16.) The Complaint sets forth five causes of action: (1) Violation of Song Beverly -Breach of Express Warranty; (2) Violation of Song Beverly - Breach of Implied Warranty; (3) Violation of Civil Code § 1793.2 and (4) Negligent Repair (against Lake Elsinore Honda). AHM now moves to compel...

Excerpt: ...ime, before or after c ommencement of trial, in the furtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) Since judicial policy favors the resolution of all disputed matters between the par ties in the same lawsuit, the court's discretion will usually be exercised to permit amendment of pleadings. “[T]here has developed in this state a policy of great l...

Excerpt: ...ffs”) were employed by Odes USA, Inc. (“Odes”) as customer service representatives. They allege that Odes has failed to provide them or pay them for missed meal and rest breaks, failed to timely pay wages, and failed to pay for earned sales commission. They contend that Toa Wang aka Sarah Wang (“Wang”), Odes' Chief Executive Officer, harassed the Plaintiffs by making comments that women were better workers than men and made offensive co...

Excerpt: ...ing: The Court sustains EM WDFC's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains EMWD's demurrer as to Plaintiff O'Connor with 30 days leave to amend. The Court sustains both EMWDFC and EMWD's demurrer to Plaintiff Vasquez, without leave to amend . As the pleadings are not at -issue, the Court shall on its own motion continue the CMC hearing to 7/31/24 at 8:30am. All parties are ordered to submit updated CMC sta...

Excerpt: ...e means, an d (2) The arbitrator exceeded his powers, and the award cannot be corrected. The crux of this case is that petitioner Robert Malone submitted a fraudulent arbitration claim to the California Dispute Settlement Program (CDSP)1 for a used vehicle which he ne ver really purchased. Malone concealed this fact from TMS and from the CDSP arbitrator and duped the arbitrator into awarding him a replacement vehicle. TMS discovered the fraud whe...

Excerpt: ...ome in Palm Springs to be closer to DRMC. Defendant CEP America, General Partnership dba Vituity (“Defendant”) contracted with DRMC to replace Envision. Defendant hired every other physician who provided services at DRMC through Envision, but refused to hire Plaintiff. Plainti ff contends that he was denied unemployment solely because he was engaged in active litigation against the Regents of the University of California (“Regents”) which...

Excerpt: ...le a Joint Status Statement no later than 10 days before the continued hearing date of any outstanding issues. Factual / Procedural Context On November 11, 2022, Plaintiff Armando Tapia (“Plaintiff”) entered into a warranty contract with Defendant Hyundai (“Defendant ”) regarding a 2023 Hyundai Ioniq 5 (the “Vehicle”), which was manufactured and distributed by Defendant. During the warranty period, the Vehicle contained or developed d...

Excerpt: ...d. Factual and procedural background: Plaintiff Hudson Insurance Company (Hudson) filed its initial Complaint on 1/20/2023, and its First Amended Complaint (“FAC”) on 5/17/2023, against Defendant Richard N. Maksoud alleging a single cause of action for breach of con tract. The contract at issue is an indemnification agreement. Plaintiff is a surety. This indemnification action follows claims and civil actions brought against it by alleged ...