Excerpt: ...eceived her Declaration in support of a motion for reconsideration. Both Sherron and Williams separately and specially move to strike based on the litigation privilege and either CCP Section 425.16(e)(1)‐(2). Sherron and Williams have met their initial burden to show that their actions are protected speech under the first prong analysis of the Anti‐Slapp statute. The opposition now has the burden of proof to establish that she will prevail on...

Excerpt: ...e complete defense of primary assumption of the risk does not apply to a victim (not in the veterinarian profession) who voluntarily exposes himself to a dog bite. Rather, secondary assumption of the risk applies in which the plaintiff's own fault is assessed under a comparative negligence analysis. (Davis v. Gaschler (1992) 11 Cal.App.4th 1392, 1399‐1400 (owners who failed to control their dog could not assert assumption of the risk as a compl...

Excerpt: ...duct by subjecting him to unnecessary and unwarranted police investigations. (Compl., ¶31.) He asserts that Sanchez published a false accusation of grand larceny. (Ibid.) Sanchez argues that this conduct was not outrageous because the accusations were true based on Plaintiff's guilty plea in the criminal proceedings. Plaintiff testified that he pled guilty to misdemeanor embezzlement in the criminal matter concerning the alleged stolen property....

Excerpt: ...where Plaintiff fell did not constitute an unreasonabley dangerous condition and that the disabled parking space where Plaintiff's mother was parked met all ADA requirements. (Snyder Decl., ¶¶ 9‐10 14‐16.) Based upon Snyder's testimony – which is accepted as admissible without argument – SGMH meets its initial burden to demonstrate that it did not breach a duty of care and that Plaintiff, therefore, cannot establish all of the necessary...

Excerpt: ...es: that she is a dependent adult (¶¶ 7 & 21; § 15610.23, subd. (a)); that she was under the care, and received home health care services from, the defendants (¶¶ 8 & 23); that the defendants were “care custodians” within the meaning of section 15610.17 (¶¶ 10 & 21); that as a result of the defendants' negligence, the plaintiff suffered a broken femur (¶¶ 15 & 26); and that the negligence constitutes “neglect” under the Act (¶ 2...

Excerpt: ...ite Medical); Neuropathy Solutions dba Superior Health Centers (Superior Health); and Alexa Benson (Benson). Plaintiff alleges that he is paralyzed from the waist down by injections he received based on the recommendation of Superior Health, which recommended stem cell injections for knee pain and to increase mobility. Plaintiff alleges the injections were not live stem cells and cost over $13,000.00, many times more than the usual rate. Plaintif...

Excerpt: ...endants arising out of a bicycle with motor vehicle accident. Plaintiffs allege 5 causes of action for: 1) dangerous condition of public property, 2) public entity liability for failure to perform mandatory duties, 3) premises liability, 4) negligence, vehicle, and 5) negligent entrustment. City of Cathedral City demurs to the 1st and 2nd causes of action in Plaintiffs' First Amended Complaint on the following grounds: 1) Plaintiff, SONIA HERNAND...

Excerpt: ...s and unintelligible. (CCP § 430.10(f).) Demurrers for uncertainty are sustained where the defendant cannot reasonably determine what issues must be admitted or denied, or what claims are directed against him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) No such uncertainty exists here. The special demurrers are overruled. 3rd Cause of Action for breach of implied warranty of habitability The elements of a breach of imp...

Excerpt: ...oral agreement with defendant Jesus Hernandez (“defendant” or “Hernandez”) for a life estate in property at 194 Pennsylvania Street in Lake Elsinore (“subject property”). (Complaint, ¶ 3.) Plaintiff alleges she “agreed to pay defendant …$139,000.00” for the life estate and did pay him. (Complaint, ¶¶ 3, 10 [“Plaintiff paid the…$139,000.00…for the subject property pursuant to the agreement.”].) Under the agreement, pla...

Excerpt: ...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. First Cause of Action Wrongful Death – Negligence, Violations of Penal Code § 245.6, Civil Code §§ 43 and 52.1, Assault and Battery, Negligent Hiring, Supervision and Retention: “In California, all government tort liability must be based on statute.” Bece...

Excerpt: ... and pesticide sprayers. Plaintiffs' operative Second Amended Complaint alleged the following causes of action: (1) Failure to Pay Wages; (2) Failure to Provide Lawful Rest Periods; (3) Unfair Competition; (4) Failure to Furnish Accurate Itemized Wage Statements; and (5) Remedies Under the PAGA. The parties participated in multiple mediation sessions, which resulted in a settlement in February 2021. Plaintiffs bring the instant motion for prelimi...

Excerpt: ... the date of the document and subject matter. Additionally, plaintiff to produce all previously produced email messages in native format. Plaintiff to serve the above within 15 days. The parties are to meet and confer in person or on the telephone within 7 days to determine whether and what search terms should be employed to conduct further search for responsive email messages. Motion denied at this time as FATC seeks disclosure of the alleged �...

Excerpt: ... 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. (Id.) Consolidation is proper where there is no risk of undue confusion and prejudice. (Id. at 980.) The unlawful detainer procedures “provide an adequate, expeditious and summary procedure for regaining possession of real property wrongfully...

Excerpt: ...ion of Christopher Ross (Ross Decl.) ¶¶ 8‐12). In addition, Plaintiff claims that according to former District Attorney Rod Pacheco, Hestrin told Pacheco that the County's lawyers asked Hestrin not to testify in this case that District Attorney Zellerbach was unethical. Defendant County moves to quash. The Court grants the motion to quash as Plaintiff has not shown a compelling need to take Hestrin's deposition. Hestrin is a high‐ranking go...

Excerpt: ...�, 140 lbs. The declaration of due diligence reflects that the registered process server made three prior attempts at service on Mr. Callo at the same address where substituted service was made. It also states that after substituted service was accomplished, a copy of the summons and complaint was mailed to Defendant at the same address. A default judgment was entered in February 2016. This is Defendant's third motion to set aside the judgment. T...

Excerpt: ...he special motion to strike with respect to all other respondents in the case. Finally, the court's tentative is to DENY both sides' requests for costs and attorney's fees, as neither side has submitted declarations or other evidence supporting the requests. The primary question before the court is the propriety of respondents' special motion to strike under Code of Civil Procedure section 425.16,1 the so‐ called anti‐SLAPP (Strategic Lawsuit...

Excerpt: ... Organization LLC was defaulted because it was suspended and unable to participate in litigation. The Court is not aware that Zitro has been reinstated and so presumes the opposition is filed on behalf of CAL only. All parties appear to agree that attorneys' fees awarded here should be calculated using lodestar methodology, i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. (PCLM Group, Inc. v. Drexler (2000) ...

Excerpt: ...l, is the estimate of 1004 class members still accurate? 2. The Treger Declaration notes there is a San Diego Superior Court case which alleges a claim on behalf of all non‐ exempt employees of Sheraton Operating Corporation arising from alleged meal and rest break violations from May 2019 through the present. There are nine members of the Security Guard class in the present action who potentially fall within the definition of the represented g...

Excerpt: ...vid Wood. Sustain with 30 days leave to amend as to the third (negligence), fourth (UCL), sixth (unjust enrichment), seventh (money had and received), and eighth (equitable indemnity) causes of action as against David Wood. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts suff...

Excerpt: ...y on Sterling Place in Rancho Mirage. (Complaint, ¶¶ 9, 11, Exhibit A.) Defendant owns property on Verlaine Drive in Rancho Mirage. (Id., ¶¶ 10, 12, Exhibit B.) The Defendant's property is located directly behind the Plaintiffs' property, and the two properties are separated by a brick wall. (Id., ¶ 13, Exhibit C.) The Plaintiffs maintained a row of 25 ficus trees and one fruit tree (standing 25 to 35 feet high) along the back wall bordering...

Excerpt: ...h cause of action. FACTUAL / PROCEDURAL CONTEXT Petitioners Katherine Robertson (“Katherine”), Dale Robertson, Jr. (“Dale”), Antonio Varela, Jr. (“Antonio”) and Roberto Varela (“Roberto”) (together, “Petitioners”) filed the present petition/motion for relief form the claims filing requirement under Gov. Code § 945.4 on March 10, 2021 against the County of Riverside (erroneously named as Riverside University Health System – ...

Excerpt: ...e court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” There are two forms of relief: mandatory or discretionary. (CCP §473(b).) Relief is mandatory if based on attorney fault and the court must set aside the entry of default, default judgment or dismi...

Excerpt: ...onsistent. It refers to the claims justifying the payment as being both “individual claims” (¶¶ 7 & 8) and as “Plaintiff's PAGA claim” (¶ 12). If the payment is in consideration of a PAGA claim, then the bulk of the settlement must go to the LWDA. Even in the absence of that inconsistency, the Court has its doubts. Kassel justifies the individual settlement on two bases. Neither is convincing. First, he says that the plaintiff is entit...

Excerpt: ...f material fact regarding causation. (Ian Jenkins, M.D.'s Declaration, ¶ 9; Samuel Pleasure, M.D.'s Declaration, ¶¶ 8 and 11.) Plaintiff has provided declarations from medical experts to show the triable issues. The declarations indicate that Altriki failed to meet his required standard of care and that his conduct caused Plaintiff's injuries. Ian Jenkins, M.D. opines that Altriki, as the supervising physician, fell below his standard of care ...

Excerpt: ...ingle cause of action for negligence and the addition of exemplary and punitive damages. Plaintiff asserts that the First Amended Complaint pled causes of action for negligence and assault and battery. The causes of action for assault and battery have since been stricken, via stipulation between the parties. Through the litigation process, however, Plaintiff's counsel has uncovered further evidence and facts indicative that Defendant breached his...