Excerpt: ...dants Petco Animal Supplies, Inc. (“Petco”), Alan Brandenburg (“Brandenburg”) and Shelbi Stanco (“Stanco”) (collectively, “Defendants”).1 Plaintiff began working for Petco in November 2007 as an at‐will employee. 2 (Complaint, ¶ 9; UMF, ¶¶ 1‐2.) Plaintiff primarily worked in the Petco's grooming salons, and her job performance was exemplary throughout her employment. (Complaint, ¶¶ 10, 12‐13; UMF, ¶ 5.) Plaintiff began...

Excerpt: ...ite Medical Group, PC (Elite 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...

Excerpt: ...n of emotional distress, the court previously sustained a demurrer without leave to amend. For the second and fifth causes of action, fraud and negligent misrepresentation, Plaintiff alleges: 1. Rizo, acting as an agent of FPR, gave a repair estimate for water damage. 2. Rizo misrepresented that he and FPR would rent Plaintiff some drying fans and allow Plaintiff to return the fans as soon as the walls were dried, and that FPR would clean and res...

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: ...among others, the Association, the Club, Association Directors, and Peters & Freedman, LLP in their role as Inspector of Election. On March 14, 2019, Plaintiffs filed a motion for summary adjudication of their first, seventh, eighth, ninth, and eleventh causes of action. On September 9, 2019, the court issued its order granting in part and denying in part Plaintiffs' motion. Relevant here, the court granted summary adjudication in favor of Plaint...

Excerpt: ... property and began collecting rent from the tenants. Plaintiff asserts that Defendant has no rights or interest in the subject property. Plaintiff filed the Complaint on May 19, 2016. He asserts one cause of action for quiet title. On January 22, 2019, the parties reached a settlement providing for Defendant's purchase of Plaintiff's interest in the subject property. On August 9, 2019, the Court entered judgment pursuant to Cal. Code Civ. Pro. 6...

Excerpt: ...otice is granted. The court declines to rule on City's evidentiary objections as they are not material to this court's ruling. Petitioner, Committee to Relocate Marilyn (“Petitioner”), filed the petition (the “Petition”) in this action on March 19, 2021 against respondent City of Palm Springs (“the “City”). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within ...

Excerpt: ... Proc., § 1033, subd. (a)(4).) However, Code of Civil Procedure section 1021.5 refers to “successful” parties rather than “prevailing” parties. The plaintiffs argue that a party is “successful” if it obtains the relief sought in the lawsuit. There is no evidence that the plaintiffs obtained any relief as to Select Puppies, Inc, or Brian Mohrfeld. Although both defendants were served, neither appeared. No default was ever entered as t...

Excerpt: ...ruth of the contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs allege ...

Excerpt: ...cial properties and related businesses to Defendant Urwell Diversified Holdings, Inc. and later to Defendant Zenith Homes, LLC with the Plaintiffs carrying back the financing and holding first‐priority deeds of trust based upon the three Purchase and Sale Agreements and Business Purchase Agreements. However, according to Plaintiffs, the purchasers and their agents instead prepared a false set of loan documents to Cardenas by which Cardenas loan...

Excerpt: ... was employed by Defendant One World LLC and that they “negligently hired, trained, retained, supervised and entrusted the vehicle John Doe was driving despite his being unfit and their knowing he was unfit which was a substantial factor in bringing about Plaintiffs' damage.” (See Plaintiff's complaint, Ex. A to Defendant's Exhibits for Summary Judgment.) During the discovery process, Plaintiff Nicole Cortez failed to respond to Defendant's R...

Excerpt: ...ues before the Court in this Motion are capable of being resolved, or have already partially been resolved, without the need for Court intervention. Failure to meet and confer in good faith may result in sanctions, in addition to the sanctions requested in the motion. If the parties resolve the issues before the Court, the moving party is ordered to contact the Court and request that the Motion be taken off calendar. To assist the parties in thei...

Excerpt: ...on is the latter. Moving party has not established excusable inadvertence, surprise, or mistake. First, service was made on Defendant's registered agent of service of process, Terry Chilcoat, via personal service. Defendant is not attacking the manner of service. However, West provides no explanation as to why Chilcoat did not provide the summons and the FAC to Defendant or notify hm of the service. Second, West does not deny knowledge of the law...

Excerpt: ... scope of all subject subpoenas to exclude medical information concerning substance abuse, gynecological, and, HIV/sexually transmitted diseases. This motion addresses fourteen subpoenas issued by Defendants for Plaintiff's medical records including psychological records from ten of Plaintiff's health care providers/insurers. Specifically, Defendants are seeking all medical/insurance records, which would potentially include sensitive medical info...

Excerpt: ...ent that is in the possession of another party. The demanding party must designate documents by specifically describing individual items or reasonably particularizing categories of documents. (CCP §2031.030(c)(1).) “The ‘reasonably' in the statute implies a requirement such categories be reasonably particularized from the standpoint of the party who is subjected to the burden of producing the materials.” (Calcor Space Facility v. Superior ...

Excerpt: ...ination. In the alternative, Wayfair moves for summary adjudication for each of the claims alleged against Defendant. Underlying Facts This is a wrongful termination action. Plaintiff's claims are centered on allegations that the termination of his employment for misconduct was a pretext for Wayfair to wrongfully terminate his employment for making complaints of health and safety concerns to senior management. On March 11, 2019, Plaintiff filed h...

Excerpt: ...he construction of a large glass Porsche automobile dealership (Project). Indigo Auto subcontracted with Defendant Northport Glass & Door, LLC, as a subcontractor, to perform extensive glazing work on the Project. Northport, in turn, contracted with Plaintiff Oldcastle at a fixed contract amount of $774,260 to "engineer and fabricate" "glazing systems" for the Project. After Northport walked off the job, Indigo Auto thereupon hired another subcon...

Excerpt: ...ns for $175,000 but then attempted to cancel the sale because he received a better offer. Stuart's living siblings, Rose McClain and Ken McClain, and the issue of their deceased brother Steve McClain, Aaron McClain, Charmaine Marie McClain, Meghan Trust and Rebekah Havard (McClain Beneficiaries) filed a Cross Complaint and First Amended Cross Complaint for (1, 3) financial elder abuse, (2) intentional interference with contract, and (4) breach of...

Excerpt: ...he employer, Defendant has unilaterally qualified every response that because it is not the employer of Plaintiff it cannot respond, has insufficient information and/or cannot produce responsive documents. These responses are improper and further are ordered. Plaintiff has alleged in her Complaint that Defendant is the employer of Plaintiff. (Complaint ¶ 3‐ Defendant was added as Doe 1.) While Defendant disputes this allegation, it is not a pr...

Excerpt: ...vant to the consolidation of construction defect claims because consolidation would not increase the number of homeowner claims, would not change the fundamental character of the individualized homeowner claims by expanding them to absent members of a plaintiff class and would not increase the number or identity of joined third‐party subcontractors or expert witnesses. While Plaintiffs make compelling arguments, they misconstrue the holdings of...

Excerpt: ...ame moot, Petitioner could be the prevailing party. (Midpeninsula Citizens for Fair Hous. v. Westwood Investors (1990) 221 Cal.App.3d 1377, 1392, fn. 3; see also Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553 (Graham).) Petitioner sued because the City required her to get a WVAP for her dog, and the City denied her request for a hearing on the WVAP's necessity. Petitioner's claims had merit: the City challenged her pleadings and lost. Peti...

Excerpt: ...he contents of those documents and websites. (See Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113; see also Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 193–194.) For the second cause of action, negligence per se, Sunrun correctly argues that there is not an independent cause of action. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1285– 1286.) However, Plaintiffs allege a direct ...

Excerpt: ... demurrer determines a legal issue on the basis of assumed facts, i.e., all those material, issuable facts properly pleaded in the complaint, regardless of whether they ultimately prove to be true.” (State of California ex rel. Bowen v. Bank of America Corp. (2005) 126 Cal. App. 4th 225, 240.) “To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form pa...

Excerpt: ...ONTEXT This is an action for damages for injuries sustained through bed bug bites in a hotel room. On April 04, 2019, Plaintiff filed the complaint in this action alleging five causes of action for: (1) Battery, (2) Negligence, (3) Intentional Infliction of Emotional Distress (“IIED”), (4) Fraudulent Concealment, and (5) Public Nuisance. Defendant demurred as to the first and third causes of action, respectively for Battery and IIED, and move...

Excerpt: ...sustains both demurrers as to the first cause of action for quiet title without leave to amend. The Court overrules Lak Hemet's demurrer to the fourth cause of action for nuisance. The Court overrules both demurrers to the fifth cause of action for retaliation as a cause of action is stated under Civ. Code §1942.5(d). The Court sustains Urban Park's demurrer to the sixth cause of action for interference with contract with 30 days leave to amend....