Excerpt: ...eway Ill, LLC ("Defendant"). Plaintiff alleges that the Premises were designed or maintained in a dangerous condition. Plaintiff alleges that she suffered injuries as a result of the fall. On May 19, 2022, Plaintiff filed her Complaint, asserting one cause of action for Premises Liability. Defendant now moves for summary judgment. Defendant argues that it had no actual or constructive notice of the dangerous condition because there were no prior ...

Excerpt: ...nage his birth. Plaintiff alleges Defendants negligently diagnosed, cared for and treated him for his medical condition, which resulted in permanent injury and disability to his brain and cardiopulmonary damage. Plaintiff filed his operative First Amended Complaint (FAC) on 3/23/23 alleging a single cause of acton for medical malpractice. *** Plaintiff, Luke Barajas, a minor, by and through his Guardian ad Litem, Adrian Barajas, brings this motio...

Excerpt: ...u have to follow the law. Like it or not, the answer to this question is zero because we didn't put that evidence before pu. But that's how this verdict form should be answered based upon the evidence and the law in this case." (Ex. 2 Transcript, p. 86.) And, "l acknowledge we didn't prove any of the damages on the 30-day claim. That should be answered zero." (Ex. 3 Transcript, p. 10.) "'In the trial of a cause the admissions of counsel, as to ma...

Excerpt: ...project contained a fungus that caused Valley Fever; he contracted Valley Fever; his predecessor at the project also contracted Valley Fever; Defendants did not inform Plaintiff about the predecessor or that he had Valley Fever; and his symptoms got worse. (Complaint at "1 12-22.) However, there are no allegations indicating Defendants knew the fungus that caused Valley Fever was in the soil at the project, that they knew how Plaintiff's predeces...

Excerpt: ...Plaintiffs allege that they were under the direct custody, care and control of the County and its agents; Plaintiffs' detention was court-ordered and mandatory; and the duration and nature of their commitment were dependent upon compliance with the County's agent's demands. (ld. at '13.) They allege that the County's agents used their position of trust and authority to sexually abuse them. (ld. at '14.) According to Plaintiffs, the County establi...

Excerpt: ...c Policy is denied; as to the 6th Cause of Acton, it is mint. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 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 University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all mater...

Excerpt: ... Labor Code section 887 allows employers of emergency ambulance employees to require them to be reachable via a portable communications device throughout their meal and rest break. They assert the facts alleged do not support the fifth cause of action. Defendants seek to strike allegations for failure to reimburse uniform purchases and uniform maintenance because said reimbursements are not recoverable. They seek to strike references to waiting t...

Excerpt: ..., and excerpted quotes from, documents not attached as exhibits to the complaint].) SUSTAIN Defendants' Evidentiary Objections. SUSTAIN Defendants' Demurrer to the First Cause of Action for Financial Elder Abuse without leave to amend. DENY Defendants' Motion to Strike as MOOT. The TAC allegations do not support Plaintiff's contention that Defendants knew or should have known that preparing the quitclaim deed, at the request of Bernice's financia...

Excerpt: ...asures and Plaintiff fell and fractured her hip. Even after this fall, Defendants continued to implement fall prevention measures. It appears, Plaintiff fractured her hip a second time at Defendants' facility, after an altercation with another resident. Defendants waited two days before taking her to the hospital, even though she complained of pain. The complaint asserts a claim for elder abuse/neglect and negligence. Plaintiff brings a motion se...

Excerpt: ...e habitually practiced and carried on as a business."' " Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1787. One wrongful act does not show acts of lewdness that are habitually practiced and carried on as a business. "The Red Light Abatement Law declares to be a public nuisance any place which is used for the purpose of lewdness, assignment or prostitution." People ex rel. Hicks v. Sarong Gals (1972) 27 Cal.App.3d 46, 50. There is no evide...

Excerpt: ... and Second (Money Had and Received) Causes of Action. Compliance with CRC Rules 3.1350(b) and 3.1350(h) he Notice of Motion ("Notice") filed by Plaintiff states that it is seeking summary adjudication as to the following two issues: (1) Defendants have no defense to Plaintiff's first cause of action for breach of written contract, and (2) Defendants have no defense to Plaintiff's second cause of action for common count (money had and received). ...

Excerpt: ... McCarthy. According to the Complaint, "On or about November 18, 2020, plaintiff Jason R. Rangel was the driver of a vehicle... and at the same tme and place defendants, and each of them, so negligently owner, controlled, repaired, entrusted, maintained, and operated an automobile as to cause to, and did, become involved in an accident or collision, injuring and damaging plaintiff." Defendant asserts that he breached any duty or cause the acciden...

Excerpt: ...wner of the Property, Code Enforcement Officers observed and documented outdoor cannabis cultivation on the Property. (UMF ## 1, 4, 5, 7). As both of these facts are undisputed, the only remaining question is whether any exemptions apply to Defendant. There are limited exemptions that allow the cultivation of cannabis for (1) personal use, or (2) a medical cultivation by qualified patients or primary caregivers. First, the personal use exemption ...

Excerpt: ...e arch to minimize the amount of anesthesia needed; (2) failing to use the correct type of anesthesia, using too much anesthesia, and not adequately considering interactions with Decedent's medications; and (3) failing to timely call 911 to address Decedent's life-threatening change in condition following treatment. (Torbiner Decl. at 10-17). This, along with his opinion that these breaches were a substantial factor in Decedent's death, are suffi...

Excerpt: ...sing her to fall and sustain injuries. She alleges that the ice rink was maintained so as to create an unsafe condition leading to an unreasonable risk of injury, which Defendants could have and should have repaired, protected against, or adequately warned Plaintiff about. Her Complaint was filed on 10/19/22 alleging two causes of action for prem-ses liability and general negligence. Defendants, Peltzer, bring this motion for summary judgment, al...

Excerpt: ...ry judgment. Factual / Procedural Context: This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor-trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 ("SR-86") and Avenue 50 in Coachella, California, and broadsided a Nissan Sentra that entered the intersection on a green light from eastbound Avenue 50, killing both occupants. Plaintiff Jose...

Excerpt: ...os Angeles Superior Court Case BC480956 deeming his security interests forfeit is void as his interests were not represented and no notice of the relief granted was given. In addition, Plaintiff asserts that the ruling is void because the court may not rule on matters not requested and noticed in the motion. Plaintiff asserts that as the ruling is void then there is no second action to which the one action rule applies. Therefore, Plaintiff asser...

Excerpt: ... Chavez, made racist comments about white males, which were substantiated by three separate investigators. Defendant Metropolitan Water District of Southern California failed to correct Chavez's behavior, and instead redacted a report that had allegations of Chavez, promoted her, etc. Plaintiff was not promoted due to his complaint. Page 9 of 11 On 10/31/23, Plaintiff filed his complaint for: (1) race discrimination; (2) race harassment; (3) gend...

Excerpt: ..., Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "Proscribed Drugs") to Decedent...

Excerpt: ...knowledge and hearsay. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contentsl.) Here, not only are the...

Excerpt: ..."), and Defendant Fleet Financial Resources (hereinafter referred to as "Fleet") in or about February 2017. Marlin Leasing Corporation ("Marlin") is also a named defendant. In or about February 2017, Plaintiff leased a customized 2015 Mercedes Sprinter hereinafter referred to as "Vehicle") from A-Z. Fleet provided financing services for the lease. The events that occurred regarding the lease was generally described in 11 through 16 of the FAC. At...

Excerpt: ...of action for concealment, with 30 days leave to amend. The Court overrules the remaining portions of the demurer. On the motion to strike, the Court grants the moton to strike the provision requesting attorney fees, with 30 days leave to amend. The Court denies the motion to strike punitive damages. Factual / Procedural Context Plaintiff Operation Safehouse, Inc. ("OSH") has sued its former auditors, Lund & Guttry, LLP, Shannon Maidment, and Gar...

Excerpt: ... need to address Plaintiff's Demurrer and Motion to Strike Cross-complaint. (Cohanghadosh Decl. '1 3(A); Kane Decl. '14.) As for the Motion to Strike: Defendants' Motion to Strike is granted with leave to amend within 20 days. Civ. Code S 3294(c) authorizes punitive damages upon a showing of malice, oppression, or fraud, which are defined as follows: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or...

Excerpt: ... is sustained as to Objections Nos. 1, 3, 4, 5; and overruled as to No. 2. Defendants' request for judicial notice in support of opposition is denied as to Nos. 1-2 and granted as to Nos. 3-19. Factual / Procedural Context: Plaintiff is an owner of a property in a subdivision who challenges the adjacent property owners' claim of an access easement through a portion of Plaintiff's lot in order to access the adjacent property which does not have it...

Excerpt: ... the Subject Property since 2013 free and clear of all liens. In 2016, non-party ODES Industries ("ODES") — now defunct - obtained a small business loan from defendant Citizens Business Bank ("Citizens Bank") in the amount of $2,100,000. Defendant Michael Smith, the President of ODES ("Smith") and his wife Allison Campbell-Smith ("Campbellsmith") personally guaranteed the loan. Plaintiffs allege that, when the loan was modified in 2018, the Smi...

Excerpt: ...le, and did not cause any harm to Plaintiff. (Young Decl. "1 2-15.) Dr. Young also submits the declaration of Dr. Sigmund, who is a neuroradiologist. He declares he reviewed Plaintiff's MRI's from before the alleged incident, and after, and concludes to a reasonable degree of medical probability that Plaintiff did not suffer any injury to his spine due tothe incident. (Sigmund Decl„ 14-15.) These expert opinions are supported by Plaintiff's med...

Excerpt: ...t to the subject matter of this action, and the witnesses Plaintiffs seek to depose are the owners and employees of Defendant South California Road to Recovery who have knowledge of facts and documents that are relevant and essential in this action. Defense counsel has twice canceled the entre slate of depositions without justification in a transparent effort to stonewall discovery and has done so at the last moment, thereby intentionally running...

Excerpt: ...ona, Inc. ("Vista Cove") entered into a commercial lease ("Lease") for the Subject Property. The leased premises are a skilled nursing care facility (SNF) and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agre...

Excerpt: ...tal responses to requests for production of documents nos. 7, 8, 43-48, 53-56, and 59. If supplemental responses have been provided by the date of the hearing the motion is moot as to these requests. If not, the Court grants the moton as to these requests. The remaining requests for production of documents addressed in the joint statement are requests nos. 14-29, 49, and 65. Plaintiff's notice, memorandum of points and authorities, and separate s...

Excerpt: ... fraud, or malice in the commission of the abuse described here" found in paragraph 60, page 13. (1st cause of action.) 2. The words, "and was despicable conduct that subjected Plaintiff to a cruel and unjust hardship in conscious disregard of Plaintiff's rights, so as to justify an award of exemplary and punitive damages" found in paragraph 83, page 17. (2nd cause of action.) 3. The words, "[t]he profits received by Defendants from a vulnerable ...

Excerpt: ...Plaintiffs filed their complaint for: (1) violation of Civil Code 5896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On 4/7/21, the Toscana Defendants filed a cross-complaint for indemnity, breach of warranties, breach of contract, negligence, contribution and declaratory relief against the sub contractors. The subcontractors then filed their own cross-complaints for indemnity and contribution. Pursuant to a stipulation fil...

Excerpt: ... the Fosters approached Sajan with an opportunity to invest in real estate through the Fosters' business 2nd Chance Investment Group, LLC ("2nd Chance"). He invested $20,000 towards the purchase of property in Long Beach and was promised repayment plus a 20% fixed interest return on his investment within 6 to 8 months. When the Fosters/2nd Chance repaid the loan, they convinced Sajan to contact others to invest with 2nd Chance and the Fosters pro...

Excerpt: ...ny court in this state. (Evidence Code S 452(d).) Accordingly, Defendant's unopposed request for judicial notice is granted. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 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 university of California (1990...

Excerpt: ...on for violation of the UCL. A plaintiff alleging a violation of the UCL must show and prove an "injury in fact" by way of lost money or property which was "caused by" the unfair competition. (Jenkins v. JPMorgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 521, disapproved on other grounds by Yvanova v. New Century Mortgage Corp. (2016) 52 Cal.4th 919.) Moore argues that she has sufficiently alleged an "economic injury." (Cross-complaint, '1 84....

Excerpt: ...nd Pledge Agreement are collectively referred to as "Contracts"). Though the Note provides that payment terms are quarterly installments of $100,000 beginning March 1, 2019, none of the agreements provide on what day of the month the quarterly payments were due. Accordingly, without any language suggesting otherwise, Ciaburri was entitled to make payment until the last day of every quarter. In April 2019, Ciaburri began making timely quarterly pa...

Excerpt: ...vded the paperwork, i.e., Conditions Addendum and gift affdavits, needed for originating the mortgage loan for the purchase of the property. Defendant Parks never met or spoke with Plaintiff and did not partake in procuring Plaintiffs signatures on the gift affidavits to defraud or to exert an undue influence. Nor is it shown that Parks prepared the affidavits with an intent to aid James and Bunas in unduly influencing Plaintiff to sign the affid...

Excerpt: ...d by various staff members/officers at various times between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, Riverside Juvenile Hall ("RJH"). (Second Amended Complaint ("SAC"), 2-4, 65-80.) Plaintiff DW alleges he was sexually assaulted by a female staff member/offcer while he was detained at RJH between 2005 and 2006. (SAC, 65- 69.) Plaintiff KJ alleges he was sexually assaulted, moleste...

Excerpt: ...mber 2019 until her death on September 5, 2020. Decedent abused alcohol and amphetamines, while also suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to...

Excerpt: ... final. Defendant to provide notice pursuant to CCP 1019.5. On August 28, 2023, Plaintiff Codie Lea Koenke ("Plaintiff") filed a Verified Complaint against Defendants Mohammed Zakhireh, M.D. ("Dr. Zakhireh") and Zak Medical Corp. ("Zak Medical") (collectively, "Defendants"), alleging (1) harassment (CCP S 527.6), (2) violation of Fair Employment and Housing Act ("FEHA"), (3) intentional infliction of emotional distress ("IIED"), and (4) negligent...

Excerpt: ...nt. 5. GRANT the motion for summary adjudication as to the 2nd, 3rd and 4th causes of action. However, the court allowed the parties to file further briefing as to the 1st and 5th causes of action, and as to evidentiary objection no. 23. OVERRULE Objection No. 23. There are two layers of hearsay covered by this Objection—the statement from Shaw to Sanford, and the statement from Sanford to Plaintiff. Neither Shaw nor Sanford were named as defen...

Excerpt: ...llectively, "Plaintiffs") allege Mandy Zhang is a real estate agent and that since 2016 she has specialized in the acquisition of undeveloped parcels of real estate zoned for the growth of hemp and cannabis. Plaintiffs also alleges that when requested by customers, Mandy Zhang proVdes management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversight and project management busine...

Excerpt: ...ersuasion and production; thus the burden does not shift to the plaintiff to raise a triable issue of material fact; and (2) the plaintiff raises triable issues of material fact. The Defendant Has a Duty of Due Care for the Plaintiffs Safety The plaintiff, Valerie Veronica Gonzales, and the defendant, Bourn Family LLC, agree that the elements of a negligence claim and a premises liability claim are the same. 80th require a legal duty of care, a b...

Excerpt: ...s, LLC and Mahmood ("Mike") Saifie in the Northern District of Georgia on September 12, 2023. Granted under Evidence Code S452(d). OBJECTIONS Defendant makes thirty-five individual objections to the declaration of Jennifer Baskaron and the exhibits attached thereto. "In granting or denying a moton for summary judgment or summary adjudication, the court need only rule on those objections to evidence it deems material to its disposition of the moti...

Excerpt: ...ories 6-7 are not overly broad because they are limited to other vehicles of the same year, make, and model. The attorney-client privilege as to Categories 10-15 are not valid yet. Category Nos. 10-15 do not require testimony that would violate these protections. To the extent that questions at the deposition violate these protections, GM's counsel could object at the time. Nor in this area was the court persuaded by the claim that the informatio...

Excerpt: ...26, 27, 33, 35, 35, and 43 at issue. Plaintff's issue with requests nos. 1-6, 9, 10, 12, 14-16, 23, 26, 27, 36, and 43 is that while the responses indicated that Moreno Valley Unified School District ("District") would comply with the request, they did not say whether the compliance was in full or in part. In response to requests nos. 1, 3-5, 14-16, 23, 26, 27, and 43, District responds without objections and states that it will comply with these...

Excerpt: ...is further ordered to pay attorney's fees and costs to moving party in the amount of $508.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. Responding party is ordered to serve verified responses to the Demand for Production of Documents, set 1, Nos. 1, 2, 3, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 55, 73, 74, 75, and 77 without...

Excerpt: ... payment for depreciation for repairs made to his home after a roof leak, and for personal property that was damaged, which Plaintiff alleges were covered under his homeowners policy. Plaintiff claims the alleged withholding of policy benefits was done in bad faith. The Complaint was filed on 6/7/22 and alleges causes of achon for breach of contract and bad faith. By these motions, Defendant moves to compel Plaintiff to provide further responses ...

Excerpt: ...ntext On September 6, 2023, Plaintiff, Edmundo Rodriguez ("Plaintiff") filed a Complaint against Defendant, Super Center Concepts, Inc. dba Superior Grocers ("Defendant") for general negligence and premises liability. Plaintiff alleges that on September 10, 2022, he slipped and fell on dirty water left on the floor of the restroom in Defendant's store, located at 1130 West 6th Street, Corona, California. (Complaint, p. 4, GN-I.) Defendant knew th...

Excerpt: ...an employee of non-party Amazon, as a warehouse worker, was injured on the job by an improperly secured pallet of cardboard inside a trailer he was attempting to unload. Plaintiff alleges that the cargo came from Defendant International Paper Company ("IPC"), who contracted with Defendant National Distribution Centers, LLC ("Defendant") and Jess Diaz Trucking ("Jess Diaz") to load, transport and deliver its products. On 8/17/22, Plaintiff filed h...

Excerpt: ...as properly been established that an arbitration agreement existed between the parties. Here, the only evidence of Campagna's alleged incapacity to contract is the declaration from his son, Thomas Keith Campagna. He claims his father lacked capacity to enter into an arbitration agreement at the time it was executed because he was 92 years old, suffered from McCardles disease, and had just endured a six- hour flight from New York to California. Th...