Excerpt: ...Misrepresentation, 3) Unfair Business Practices and 4) Breach of Contract. Thereafter, on April 13, 2018 this court heard the Demurrer to the First Amended Complaint (“FAC”) and sustained with leave to amend as to the 1st, 2nd and 3rd causes of action for: 1) Fraud, 2) Negligent Misrepresentation, 3) Unfair Business Practices and overruled the demurrer to the 4th cause of action for Breach of Contract. The Second Amended Complaint (“SAC”)...

Excerpt: ...ive, a Protective Order. During discovery Defendant Contain‐a‐Way, Inc. produced a list of 1,023 alleged class members' names, addresses, and telephone numbers, which Plaintiff's counsel used to initiate communications with putative class members. Defendants served an SDT on Plaintiff's counsel seeking three categories of documents: 1) written communication sent by the law firm to putative class members, 2) documents evidencing failed attempt...

Excerpt: ...not approve the dismissal of class claims as a condition of a settlement of the plaintiff's individual claims without knowing the consideration paid to the plaintiff as part of that settlement. The defendant concedes that a prior motion to file the settlement agreement under seal has been denied, yet in this motion files the agreement in a redacted form that does not disclose the amount of the consideration. As a result, the motion lacks the info...

Excerpt: ...Separate Statement only addresses (1) plaintiffs' first cause of action for breach of contract and the nature and amount of the damages suffered, and (2) the issue that defendant had a duty under the policy to pay the losses incurred by plaintiffs. Pursuant to CRC 3.1350, the Court deems those to be the only issues for adjudication. To the extent the motion seeks summary judgment, it is denied based on the procedural deficiency. As to the breach ...

Excerpt: ..., when she slipped and fell on a wet floor in a patient's room while the room was being cleaned by Acela Ortiz, a housekeeper employed by moving Defendant, Healthcare Services Group, Inc. (HSG). HSG provided housekeeping services pursuant to a contract with HSG. Ortiz was cleaning the patient's room because Cisneros had called housekeeping after arriving at the patient's room to find fecal matter on the patient, bed and floor. Cisneros had therea...

Excerpt: ...g of the last motion on 5‐30‐18, there is nothing in the agreement that allocates $15,000 of the settlement to PAGA penalties. 2. There is nothing in the agreement that explains how the aggrieved employees' 25% share of the PAGA penalties will be allocated among the aggrieved employees, how their respective shares will be distributed to the aggrieved employees, or who will be responsible for that distribution. 3. As noted in the prior tentati...

Excerpt: ...y penalties are not the same as punitive damages. Punitive damages are governed by Civil Code §3294, which sets forth different standards and requirements than those set forth in Public Utilities Code §7951. Hence, any requirements in Civil Code §3294 that are not specifically required in Public Utilities Code §7951 or under case law specifically pertaining to Public Utilities Code §7951, do not apply to the third cause of action. The wrongf...

Excerpt: ...ight to discovery after the cut‐off date, the court has discretion to reopen discovery pursuant to Cal. Code Civ. Pro. §2024.050; however, this statute specifies that such leave shall be granted only on motion of any party. (Pelton‐Shepherd Industries, Inc. v. Delta Packaging Products, Inc. (2008) 165 Cal. App. 4th 1568, 1586.) The court must consider the following factors: (1) the necessity and the reasons for discovery; (2) the diligence o...

Excerpt: ...meets the following requirements: (1) a “claim for money ... based upon a contract, express or implied”; (2) of a “fixed or readily ascertainable amount not less than $500”; (3) that is either unsecured or secured by personal property; and (4) that is a commercial claim. (Code Civ. Proc. § 483.010; Goldstein v. Barak Const. (2008) 164 Cal.App.4th 845, 852.) To obtain a right to attach order, the plaintiff has the burden of proving (1) th...

Excerpt: ...tement of opinions is without merit. As pleaded in the FAC, Pool Route's alleged statement that Albert's accounts never had any prior problems was a specific misrepresentation of existing fact rather than a general statement or subjective opinion. See FAC, ¶¶ 16‐17. See also Demetriades v. Yelp, Inc. (2014) 228 Cal.App.4th 294, 311. Pool Route's argument (made only in reply) that exculpatory provisions in the Agreement negate the possibility ...

Excerpt: ...17, 433. Moreover, Cross‐Defendant would first have to acquire good title by completing the transaction in order to flip the Property, which negates the allegation in the Cross‐Complaint that she never intended to complete the transaction. As to the second and third causes of action, a notice of lis pendens published in the course of judicial proceedings is privileged under Civ. Code § 47 and thus cannot form the basis of a cause action for ...

Excerpt: ...Balis moves the Court to enforce the settlement of the parties entered on the record before this Court, pursuant to Code of Civil Procedure section 664.6. In addition, Balis seeks $10,590 in attorney's fees and costs pursuant to Code of Civil Procedure sections 128(a) and 128.5. Defendant Gregg Balis (“Balis”) asserts that the parties participated in court assisted mediation and reached a settlement agreement of the entirety of the case, whic...

Excerpt: ... his face and one hand and was taken to Eisenhower where it was discovered that had dementia. Based upon his injuries and dementia it was decided that upon he discharge he should transferred to a rehabilitation facility; that he was transferred to Defendant CNRC's facility they were advised that McGihon needed a 1 on 1 sitter provided 24/7 to avoid risk of falling. Two days after being admitted McGihon wandered out of his room and fell near the n...

Excerpt: ...ny misdemeanor convictions and records relating thereto. Plaintiff does have a privacy right that not outweighed by the discovery rights of the defense. In addition, the defense is not entitled to any underlying material on any felony conviction unless it shows the same is material to the issues herein. No sanctions. ...

Excerpt: ...ty, the Shadow Mountain property, demurrers to the 14th c/a for declaratory relief, 15th c/a to quiet title and 16th c/a for wrongful foreclosure. Plaintiff alleges that Defendant Biyikoglu forged the signature of the purported buyer, Five Star, LLC, on the purchase agreement and then forged the deed transferring title from Five Star to Scion and that as a result all transfers or interest obtained thereafter are void. Plaintiff has alleged facts ...

Excerpt: ... expert opinion, attorney‐client or attorney work product privilege, burdensome or invasion of privacy. 4. RIC1702898 BURTCH VS EMPIRECARE HEALTH ASSOCIATES INC MOTION TO/FOR COMPEL FURTHER RESPONSES TO REQUEST FOR ADMISSIONS AND FORM INTERROGATORY BY BARBARA BURTCH Tentative Ruling: Request for admissions nos. 1, 2, 3, 4, 6, 7, 10, 14, and 15: The terms “notice” and “notified” are not ambiguous terms. The existence of medical documents...

Excerpt: ...sponsive documents have now been produced. Hence, the motion is moot as to these responses. RFP Nos. 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 31: Landscape is Ordered to produce responsive documents. If Landscape contends that some responsive documents are protected by attorney‐client privilege or the work product doctrine, it must produce a privilege log. Page 2 of 3 RFP Nos. 26, 27, 28, 30, 32, 33, 34, 38, 39, 40 an...

Excerpt: ...AC”). Plaintiffs' Second Amended Complaint (“SAC”) alleges 7 causes of action against Defendant as follows: 1) breach of covenant of good faith and fair dealing, 2) breach of contract, 3) negligence, 4) accounting, 5) Unfair Business Practices, 6) Intentional misrepresentation, and 7) negligent misrepresentation. The 4th cause of action for accounting was not alleged in the FAC. In their opposition, Plaintiffs state that the changes between...

Excerpt: ... party pursuant to the settlement agreement entered on 2/15/18. Approximately 15 months after the case was filed the parties settled this matter on the day it of trial for $77,500.00. A verified fee bill is prima facie evidence the costs, expenses, and services listed were necessarily incurred. (Hadley v. Krepel (1985) 167 Cal.App.3d 677, 682.) Furthermore, a declaration attesting to the accuracy of the fee bill is presumed credible. (Horsford v....

Excerpt: ...d bug bites suffered by Plaintiffs when they stayed in Room 2328 at Marriott's Shadow Ridge Villas form 08/22/2015 through 08/24/2015. Plaintiffs, Nikkya Ramsay and her son, D'Artagnan Wade, Jr., who was 5 years‐old at the time, allege that they experienced bedbug bites during their stay but thought that the marks were mosquito bites or a rash, that on waking on the morning of the 25th, after they had returned home, they found numerous bites co...

Excerpt: ...dvises the defendant that the plaintiff will not amend, whichever is sooner. The case management conference is continued to August 16, 2018, at 8:30 AM in this department. Analysis: The complaint does not allege, and seems unlikely to be amended to allege, a cause of action for conversion because there is no specific, identifiable sum to which the plaintiff has a right to possess. The failure to pay money owed does not constitute conversion. Page...

Excerpt: ...epresented the functionality of the transmission. Defendant has not shown prejudice. The judge has discretion to deny leave to amend when the party seeking the amendment has been dilatory and the delay has prejudiced the opposing party. (See Hirsa v. Sup.Ct. (Vickers) (1981) 118 Cal.App.3d 486, 490.) If delay in seeking the amendment has not misled or prejudiced the other side, the liberal policy of allowing amendments prevails. Indeed, it is an ...

Excerpt: ...s were stolen. The formation of Advantage is relevant. Further, the privacy concerns raised by the moving party as to No. 3 are outweighed by the importance and relevance of the information. The requesting party is not seeking financial information but rather information as to who owns the company from the onset and afterwards. This information is needed to access the information as to how Advantage was formed and if there was improper informatio...

Excerpt: ...rivacy Protection Act (Ins. Code §791.01, et seq.) prohibits an insurance institution, agent, or insurance‐support organization from disclosing any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is in response to a facially valid administrative or judicial order, including a search warrant or subpoena. (Ins. Code §791.13(h.) The Act does not create...

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 Civ. Proc. § 437c(c).) Page 2 of 8 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. (...

Excerpt: ...ns to the Morgan Declaration are OVERRULED as to numbers 1 ‐ 9. Defendants' evidentiary objections to the Young Declaration are SUSTAINED as to numbers 1, 5, 7 ‐ 9 and OVERRULED as to numbers 2 ‐ 4 & 6. The Motion for Summary Judgment is DENIED. The Motion for Summary Adjudication is GRANTED, IN PART, AND DENIED, IN PART, as follows: 1 st cause of action (sexual harassment). GRANTED. Defendants met their initial burden that the alleged sexu...

Excerpt: ...d the right version of the settlement agreement. Also, moving party to submit an update on the status of the Johnson case when moving for final approval. Moving party to give notice. This matter was originally heard on May 17, 2018. In its tentative ruling, this court noted the motion failed to comply with the CMO at ¶¶ 1.d., 1.e., 2., 3., 5.a., 6., 7., 8., 10., 12., 16., 19., 20., 21., 23., 24., 26. of Section E. The court continued the hearin...

Excerpt: ...ospitalized. (Compl. ¶33.) It then alleges that “[o]n behalf of decedent's estate, the administrator of her estate seeks all damages caused by defendant's negligence ….” (Compl. ¶34.) The Opposition asserts that Diana Garcia is the personal representative but her name is not alleged in the Complaint in this capacity. Nonetheless, the Complaint does allege that this cause of action is being brought by the administrator of the estate. A per...

Excerpt: ...recovery against Defendant Minnis and her then employer, Defendant Access Nurses, of the judgment paid and costs incurred in the underlying action. The contract sued upon was entered into between Access and non‐party Broadlane, Inc. JFK is an express third‐party beneficiary of the contract. The contract provides for the following: Access is a nurse staffing company or “supplier”. Broadlane negotiates group contracts with suppliers for nur...

Excerpt: ...orney fees and costs in an interpleader action.” (Tri‐State, Inc. v. Long Beach Community College Dist. (2012) 204 Cal.App.4th 224, 232. Suit against public entity to enforce stop notice.) Civil Code §9506 specifically permits interpleader. Defendants contend that there are no other conflicting claimants as a matter of law. However, it provides no judicial notice of any documents demonstrating that. In a demurrer proceeding, the defects must...

Excerpt: ...ation of federal fair debt collection practices act and (7) libel and (8) conspiracy arises out of alleged Page 2 of 4 breaches of agreements to settle a dispute between Plaintiff, a homeowner at La Toscana, and the HOA regarding unpaid assessments. Defendants' motion is based upon the grounds that there is no triable issue of fact as to the 2nd and 7th causes of action. There is a triable issue of fact whether Griffith misrepresented his authori...

Excerpt: ...rious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410.) Sexton referenced L...

Excerpt: ...Lexington”) Complaint alleges five causes of action for: 1) Negligence, 2) Negligent Hiring/Supervision, 3) Breach of Contract, 4) Breach of Express Warranty, and 5) Breach of Implied Warranty against Defendants Love's Travel Stops & Country Stores, Inc, Love's Country Stores of California and Melecio Gamoa. The Complaint alleges that Lexington issued an insurance policy to Howl Transportation, LLC. Pursuant to the policy, Lexington covered fir...

Excerpt: ...st Francisco Cano, Israel Flores and Flores & Flores Trucking. A Proof of Service (“PoS”) filed 2/15/18 states that Defendant Francisco Cano was served via substitute service on 1/24/18 by serving a “John Doe” occupant at 8:13 p.m. (Age: 40's Weight: 170 Hair: Black Sex: Male Height: 5'6” Eyes: Brown Race: Hispanic) and thereafter mailed to Cano at the same address of 17147 Orange Way, Fontana, CA 92335‐ 3928. In support of his motion...

Excerpt: ...of any persuasive evidence that the agency knew or should have known of the existence of this case before May 11, 2018, the agency's commitment that it will be prepared to participate in trial as scheduled subject to its counsel's availability, and the lack of evidence of any prejudice to the plaintiffs, intervention is appropriate. The Court is unavailable on July 27, 2018, the date currently set for the trial readiness conference. Counsel for t...

Excerpt: ... state the responses are true and correct. Therefore, Defendant is to provide further CCP complaint verifications for all discovery. Sanctions as to All Motions: Denied. With the mixed results on the Motions, a reasonable dispute arose not warranting sanctions. The parties did not satisfactorily meet and confer which would have helped reduce the issues or eliminate them all together. 17.1 Granted with Responses due in 30 days. 3. MCC1701229 BROWN...

Excerpt: .... a. Have the other two courts agreed to accept this Court's decision as to whether the settlement should be approved? b. Alternatively, are similar motions being filed in each case? If so, why is the court being asked to approve all three? 2. The motion appears to fail to comply with the Court's CMO in multiple respects. For instance: CMO ¶ E.3.c: It appears that the Perez and Hunt Cottrell declarations may include all claims from all three act...

Excerpt: ...'s estimates. Bradley's declaration repeatedly refers to the estimates of his “office.” Are these his estimates or those of someone else? In addition, the estimates are conclusory in that there is no explanation of how the estimator arrived at those estimates. 2. Section G.1.d of the CMO requires a statement of the range of recovery for the class members if the recovery by the class members will vary. 3. Section G.6.requires a basis for inclu...

Excerpt: ...t “Any judge, at any time, before or after commencement 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.” “This statutory provision giving the courts the power to permit amendments in the furtherance of justice has received very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) “Tha...

Excerpt: ...of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." (Weil & Brown, par. 9:105.10 citing Sexton v. Sup...

Excerpt: .... The Title IX investigation had no practical effect until the Regents/UCR acted upon the recommendation in the Final Report. Petitioner's opportunity to challenge the investigation and alleged lack of due process was presented by PPSM‐70. Petitioner identifies no authority that would allow him to forgo exhausting his available administrative remedies and jump directly to a challenge of the underlying investigation. ...

Excerpt: ...A, CC, and DD; and Exhibits 553 and 555. In all other respects, it is denied. Regardless of whether the parties submit on the tentative ruling, the parties shall appear in person or by Courtcall, as the respective parties prefer, to discuss the following issues (see order filed June 18, 2018):  Whether the defendants intend to move to strike portions of the AR that postdate the RONs at issue.  The estimated length and date of the abuse‐of...

Excerpt: ...he deposition for April 4, 2018. At the time the deposition was noticed, Hubbard was residing at his Palm Desert Residence. The deposition was noticed for Palm Springs, which is within 75 miles of Hubbard's Palm Desert residence. Hubbard asserts that at the time the deposition was noticed there was a discovery stay in place due to a pending anti‐SLAPP motion by Defendants Cox, Castle & Nicholson LLP, Paul Titcher and Adam Englander (collectivel...

Excerpt: ...n is to give notice pursuant to CCP 1019.5, forthwith. Defendant Robert Bryan moves the court for an order compelling plaintiff to attend a deposition and for sanctions of $728.30. A review of the motion supports granting the unopposed motion. There is no provision in the CCP or Rules of Court which provides that a motion is deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file o...

Excerpt: ...mplaint on the grounds that the undisputed material facts establish that: (1) Herrera was not the alter ego of Shadow Hills Plaza, LLC, (2) Herrera did not breach the contract, (3) Herrera did not breach the implied covenant of good faith and fair dealing, (4) Herrera did not conceal any matters in connection with the sale of the property, (5) Herrera did not make any misrepresentations in connection with the sale of the subject property, and (7)...

Excerpt: ...ican Contractors Indemnity Company, and Western Surety Company (the “moving parties”) in the amount of $4,140.00, to be paid to counsel for the moving parties within thirty (30) days of the hearing on this motion. The requested further responses to Interrogatories and Requests for Admissions are to be served within thirty (30) days of the hearing on this motion. The request for the appointment of a discovery referee is denied. The Trial Setti...

Excerpt: ...relief are related to the 2nd cause of action the court grants the motion with 30 days leave to amend. A motion to strike lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to support a punitive damages claim. Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. C.C. §3294 provides that exemplary damages are allowable where the defendant is guilty of ma...

Excerpt: ...uger enlisted the help of her parents Defendants Michael and Cathleen Marmon involving her contentious dissolution with Jonathan Swauger, principal of JLS Development Group, Inc. Melissa and her parents have taken actions with the express purpose of ruining JLS and attempting to force Jonathan into settling the divorce on terms favorable to Melissa. Michael and Cathleen aided and assisted Melissa in her attempts to harass and discredit JLS by als...

Excerpt: ... deemed to be meritorious because no opposition was filed. However, "[s]ome courts treat a party's failure to file opposition papers as an admission that the motion is meritorious, and therefore refuse to hear oral argument from such party. The purpose is to prevent introduction of legal theories without notice to opposing counsel and the court." Weil & Brown, par. 9:105.10 citing Sexton v. Sup. Ct. (1997) 58 Cal.App.4th 1403, 1410. S...

Excerpt: ... or a Request for Judicial Notice. Defendant Banning Library District: The Demurrer is sustained as to the 8th cause of action with 30 days leave to amend. Plaintiff failed to plead compliance with FEHA claims presentation requirements. It is sustained as to the 9th and 10th causes of action without leave to amend. Defendant Rodriguez: The Demurrer is sustained as to the 8th cause of action with 30 days leave to amend. Plaintiff failed to plead c...