Excerpt: ...ed to raise a triable issue of material fact. Plaintiff does not properly cite to his supporting evidence (BURNETT010 and PVE, Ex.”4”[DT‐Nunez} for PRSS, UMF No.14 and PRSS, UMF No.127) The court cannot determine whether the evidence in support is admissible, nor can the court rule on any potential objections to that evidence. The balance of the Motion for Summary Adjudication is otherwise Denied on the ground that MFS has failed to meet it...

Excerpt: ...ciently pleads that defendant acted with conscious disregard of the likelihood that its failure to provide appropriate monitoring of decedent would cause her injury. Additionally, against the corporate defendant the allegations are also sufficient. The SAC alleges that the corporation itself made the policies of understaffing to maximize profits and that their Executive Director, arguably a managing agent, implemented the very policies that alleg...

Excerpt: ...party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. CCP § 430.10(e). The court assumes the truth of all material facts which have been properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, d...

Excerpt: ...n to Trinity's demurrer to the original complaint. (See Page 3 of 5 Request for Judicial Notice, Exhibits 1 through 5.) The court grants the request as to these documents. The court may take judicial notice of the existence of recorded documents and their legal effect, the court's own records and the Executive Order under Evidence Code section 451 and 452. (See also Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1...

Excerpt: ...he Property and to take necessary steps to evict tenants. Although the order commands Defendant, “to show cause why a preliminary injunction should not be ordered restraining you and enjoining you,” the proposed orders do not appear to restrain or enjoin conduct. They appear to mandate it: 1. Maintain, repair and replace [the Property] in a clean manner … and in compliance with [CCRs]…. 2. Provide the Association access to the Property on...

Excerpt: ...ed the objections, which is not improper. Mr. Patel also asserts that Mr. Sitzer made long speaking objections, falsely claimed Mr. Patel represents an insurance company, and apologized for “making so many objections.” (Id. at ¶7 and DT‐Lott pp. 14:11‐15:11.) However, Mr. Sitzer was apologizing and providing an explanation to the witness. Also, although Mr. Sitzer stated an inference that Mr. Patel represented an insurance company, Mr. P...

Excerpt: ...ests judicial notice of the complaint and FAC in the present case, which are granted under Evid. Code §452(d). Moving party also requests judicial notice of images from Google Earth and annotated images from Google Earth allegedly showing the number of solar panels installed at the subject property. Judicial notice of these documents is denied. (“[A]lthough it might be appropriate to take judicial notice of the existence of the Web sites, the ...

Excerpt: ...es delivered to Dept. PS2 by 4:00 pm. In light of issues of allocation, is summary adjudication of the duty to defend appropriate at this stage of the litigation? The first cause of action against CVCC is based, in part, upon the actions of its agents, including Robles – indeed, Robles acknowledged the fact several times, including during oral argument. However, the first cause of action is also based upon other alleged acts and omissions that ...

Excerpt: ...and, which is part of a larger parcel that contains no residential dwellings, occupants or active farming operations. Edison now seeks an order for prejudgment possession of the property which it contends is necessary as part of the construction of the Valley‐Ivyglen Subtransmission Line Project (“Project”), consisting of “a 27‐mile single circuit 115‐kV substransmission line between Edison's existing Valley Substation in Menifee and ...

Excerpt: ...e been properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been 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. Second Cause of Action for Age Harassment and Fourth Cause of Action for Me...

Excerpt: ...aim some interest in property in Lake Perris (the “Property”), which is the subject of this action, many of which have been dismissed, however. Ginsburg alleges that he obtained a judgment against Gloria in the amount of $581,817.14 and claims a superior right to the Property. (Complaint, ¶¶ 1‐3). 2 The Court will sometimes refer to the parties by their first names to avoid confusion; no disrespect is intended. Page 5 of 6 Ginsburg allege...

Excerpt: ...elayed‐discovery tolling and fraudulent‐concealment tolling. (SAC, p. 18.) Both theories fail. From the facts alleged concerning the nature of the Page 3 of 4 plaintiffs' complaints, the nature of the repairs attempting to address those complaints, and the dates on which those complaints and those repairs were made, the only reasonable inference possible is that the plaintiffs were on inquiry notice four or more years before the action was fi...

Excerpt: ...inued to allow Plaintiffs to comply with the noncompliant matters under CMO Section H (3)(a)(iii)(D), 3(a)(vi), 3(i), and 3(l). Plaintiffs should also address the suggested revisions discussed below. The introductory paragraph of the Proposed Order, when defining “Settlement” should reference that the Settlement agreement is attached as “Exhibit A” to the Declaration of John A. Young filed on March 18, 2021. Paragraph 1 of the Proposed Or...

Excerpt: ...ll likely sustain the demurrer without leave to amend. On December 23, 2019, in case RIC1718458 (“Citizens I”), the Hon. Randall Stamen, Judge, issued a peremptory writ of mandate to respondent directing it to either supplement, or file an addendum to, the existing environmental impact report regarding two issues: soil contamination and wildlife mitigation (burrowing owl habitat). The writ further provided that: “Under California Public Res...

Excerpt: ...properly alleged in the complaint, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been 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. Defendants seek judicial notice of a contract allegedly entered into by Orozco and...

Excerpt: ...ent Interference with Prospective Economic Relations, and Intentional Interference with Contract). Moving parties assert that the Eminent Domain Action and the Inverse Action are related cases which involve common questions of law and fact regarding determination of compensation. Tried separately, the two actions would risk inconsistent judgments, and deficient or duplicative compensation. Consolidation allowing all issues to be resolved in a sin...

Excerpt: ...and negligently entrusted the vehicle to McIntyre or they employed McIntyre and the accident occurred while she was acting within the scope of her employment. The complaint contains two causes of action for negligence. Steven Kelly brings this motion. While he titles it a motion for summary adjudication, it really is a motion for summary judgment as to him. He contends that both causes of action fail as to him because he did not operate the vehic...

Excerpt: ...st cause of action for breach of contract). The only new evidence that Defendant cites as a basis for this renewed motion is the deposition testimony of Plaintiff's PMQ (Madge). Defendant argues that based upon the testimony of Madge, there is no evidence of fraud: (1) Madge did not speak with anyone from the Defendant, including Defendant's broker; (2) neither Defendant nor any of its representatives made any representation about the warehouse o...

Excerpt: ...shall be preserved for appellate review.” (CCP §437c(q).) Only PODS filed evidentiary objections, all of which are sustained. PODS met its burden of proof to show that, with regard to the shipment in question, it was acting as the “shipper.” Customers pay PODS to ship PODS containers containing customers' items. “Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in i...

Excerpt: ...ure to proceed with the deposition is not well grounded in both law and fact. Oaks cites to no authority which supports his contention that plaintiff should have proceeded with his deposition even though there was a dispute with his counsel regarding the deposition of Donald Oaks. Instead of wasting time to complete the deposition of Donald Oaks and commence the deposition of Brian Oaks, under conditions which plaintiff's counsel believed impeded...

Excerpt: ... interest through December 1, 2020 for a total of $123,242. As part of these collection efforts, Escobar has applied for an order allowing the dwelling at 67864 Via Estrella, in Cathedral City, to be sold under Code of Civil Procedure section 704.750. The property was owned by Matthews but appears to have been transferred to a corporate entity, A2Z Investment Group LLC. Matthews is the managing partner of the LLC. The first transfer deed was reco...

Excerpt: ...t 3.110(h) requires a request for default judgment within 45 days of the entry of default, the plaintiff has never applied for such a judgment. On 1‐15‐20, the Court ordered the plaintiff and plaintiff's counsel to appear on 7‐13‐20 and show cause why sanctions should not be imposed for the failure to apply for a default judgment. Nevertheless, no application was submitted prior to 7‐13‐20. Page 4 of 4 Local rule 3116 requires that an...

Excerpt: ...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 from matter which the court may judicially notice. (CCP § 437(a).) “[T]he court treats as true the material facts alleged in the complaint, as well as any facts which may be implied or inferred from those expressly alleged.” (Washington Int'l Ins. Co. v. Superi...

Excerpt: ...reme Court recognized the pervasive risk in operating a motor vehicle while intoxicated because it combines “sharply impaired physical and mental faculties with a vehicle capable of great force and speed, [which] reasonably may be held to exhibit a conscious disregard of the safety of others.” (Id. at 896‐897.) There, it was alleged in the complaint that defendant was an alcoholic, regularly drove under the influence of alcohol, had previou...

Excerpt: ...he City represents that it filed a new motion for a continuance on or about 4‐5‐21. On 4‐ 6‐21, the City applied ex parte for a trial continuance or for an order shortening time. At the hearing on the application on 4‐7‐21, the plaintiff did not oppose the proposed OST because the plaintiff had filed a complete written opposition to the ex parte application. Because the motion did not yet appear in the Court's register of actions, the...