Excerpt: ...discovery is not limited to documents admissible at trial. Discovery may concern information that is itself admissible or that is reasonably calculated to lead to admissible evidence. Documents related to the technical service bulletins for the subject vehicle may be admissible in evidence, but, even if they are not, the bulletins may lead plaintiff to other evidence and witnesses that are admissible. As to No. 26: This is similar to No. 25. Just...

Excerpt: ...er, McBride and Opitz purchased and sold, or attempted to sell, a number of residential properties. McBride and Opitz dispute their rights and responsibilities as to title to the properties, rights to profits from the sales, and whether and in what amount each has made contributions to the partnership. (SACC ¶¶18‐33.) Plaintiff Ali Galam, as assignee of James McBride, filed his Complaint on July 5, 2018 and named Opitz as defendant. On August...

Excerpt: ...a)(1), 576; Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) But proposed amendments seeking to add new or different claims or causes of action should not be permitted if they seek to add causes of action that are not sufficiently pleaded. (Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 652.) The Court finds moving party has demonstrated a valid basis to add TFS as Doe 1 and to amend the complaint to include causes o...

Excerpt: ...or $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, Charmine Marie McClain, Meghan Trust and Rebekah Havard (McClain Beneficiaries) filed this First Amended Cross Complaint for (1, 3) financial elder abuse, (2) intentional interference with contract, and (4) breach of fiduciary duty based ...

Excerpt: ...nded Complaint are sustained as to all causes of action. The sustention is without leave to amend unless Plaintiff articulates at the hearing what facts she can truthfully allege that would create a reasonable possibility that the defects identified by Court and counsel would be cured. (Code Civ. Proc., § 430.41, subd. (e)(1).) Analysis: The Court does not consider the plaintiff's declaration in support of her opposition. It consists solely of f...

Excerpt: ...cer Drootin had no duty to enforce the DVRO and CPO is persuasive. This is based on the general duty that “a police officer does not owe a private citizen a duty to arrest any person, or otherwise protect another person against crime.” (Dem. p. 17:23‐24; see Bom v. Sup. Ct. (the People) (2020) 44 Cal.App.5th 1, 15‐16 [police officers may arrest a suspect when there is probable cause to believe the suspect committed a crime, which is withi...

Excerpt: ... action on September 17, 2020 against defendants Deborah Quinn (“Quinn”) and Stephan Brown (“Brown”) (together, “Defendants”). Plaintiff alleges that the parties breached an implied part of a Stock Purchase Agreement (the “Agreement”) under which Quinn sold 100% of the Attitude Adjustment Inc. (“AAI”) to Brown by not tendering Plaintiff a pro rata amount of the proceeds Page 5 of 6 based upon her ownership interest in AAI. Pla...

Excerpt: ...estbound Route 60 when Defendant Jesus Bautista Loya, who was driving eastbound, lost control when he came into contact with a flooded area and crashed into Plaintiffs. Plaintiff Brian Pucio is Plaintiff Donna's spouse and asserting loss of consortium. On 11/15/19, Plaintiffs filed a complaint for: (1) dangerous condition of public property; and (2) negligence. Plaintiffs move for trial preference based on Plaintiff Sieglinde Lashkin's age (92 ye...

Excerpt: ...are immaterial. C.C.P. § 437c(q). FACTUAL / PROCEDURAL CONTEXT Plaintiffs Sandra G. Guzman and Diana C. Guzman (collectively “Plaintiffs”) purchased a new 2014 Dodge Dart from Perris Valley Auto Center (“Dealership”) on 8/30/14. The vehicle was manufactured by FCA US LLC (“FCA”). Plaintiffs contend that the vehicle was delivered to them with defects. Dealership and FCA (collectively “Defendants”) were allegedly aware that the veh...

Excerpt: ... CSD move for judgment on the pleadings as to the remaining causes of action in the Second Amended Cross Complaint. The first cause of action for defamation is sufficiently pleaded and the Court rejects the arguments by moving party that on the face of the operative cross complaint it is evident that the statements are unpublished “opinion” that are insufficiently alleged, protected by the litigation privilege or not “of and concerning” V...

Excerpt: ...ately caused death or injury to person or property; (3) the death or injury resulted from an occurrence of the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.) Although Defendants ...

Excerpt: ... specifically the value of the claims if plaintiff were to prevail completely and the reasonable likely recovery for the claims lacks detail regarding how the amounts were calculated and is vague regarding the reasons for discounting the value of each claim. It is not clear that this named plaintiff is an adequate class representative for the entire class period in light of the break in his employment. Please address this issue in any renewed mot...

Excerpt: .... (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For the first cause of action under Civil Code section 1708, the fifth cause of action under Code of Civil Procedure section 366.2, the sixth cause of action under Code of Civil Procedure section 708.210, and the seventh cause of actions under Code of Civil Procedure section 22, those sections do not establish causes of action. For the second cause of action under the Fourth Amen...

Excerpt: ...tes shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The plaintiff does not allege how she falls within the class of individuals protected by this section. For instance, she does not allege that she was a participant in any program or activity conducted by the school distr...

Excerpt: ...et for 4‐20‐21 is continued to 6‐9‐21 at 8:30 a.m., Department 5. A supplemental declaration was filed and the meet and confer requirements has now been met. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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....

Excerpt: ...ental status examination and interview of Plaintiff as well as the administration of a battery and/or series of psychological and/or psychiatric tests throughout the examination and testing period." (See, Demand, Ex. "A" to State Farm's Motion to Compel.) Petitioner must obtain leave of court to conduct a mental exam. Accordingly, the notice is defective and provides a legal basis for denial. In any event, Respondent is not making a claim for men...

Excerpt: ...of the matters assert in those documents, including the factual findings are not entitled to notice. (Sosinsky v. Grant (1992) 6 Cal. App. 1548, 1562‐1569.) Fitness brings this Motion to consolidate this case with UDCO2100019, the UD action filed by Chase claiming that common questions of fact and law exist. Fitness contends it will suffer irreparable injury if the Court does not act immediately in that the UD action invokes summary procedure a...

Excerpt: ...y authorizing Maher to act on Plaintiff's behalf in regards to banking transactions. Later, Maher enticed Plaintiff to loan him money to be used exclusively to purchase and improve foreclosed properties. The properties were to be purchased by Maher and Defendant MJ Ventures, which is a joint venture between Maher and Jay Salman (“Salman”). Over time, Maher withdrew $484,900 from Plaintiff's bank account and deposited it in his own account. Fr...

Excerpt: ...who no longer have an active account. How many of the class members no longer have an active account? Does defendant have email addresses for class members who no longer have an active account? If not, how will they be notified? Assuming defendant has the means to notify class members who no longer have an active account, will these class members be charged a subscription price to re‐activate account in order to use the Super Swipes? Or should ...

Excerpt: ... terms of FCA's initial § 998 offer satisfactory, which also provided that FCA would accept the vehicle within 45 days and remit payment within 24 hours of receipt of vehicle. (Mikhov Decl., ¶17.) FCA signed and accepted the offer on 11‐12‐20. (Id.) The settlement also provided that, for purposes of motion for fees and cost, Plaintiff was the prevailing party. (Id.) Plaintiff brings this motion under CC §1794(d), seeking award of fees and ...

Excerpt: ...ght in the form of a noticed motion to be heard no later than 21 days before the date first set for trial.” Rather than comply with that deadline, the plaintiff waited more than four months to file her motion for relief, and set it for hearing on March 8, a mere four days before her March 12 trial date. The motion also fails on the merits, for several reasons. First, the plaintiff concedes that relief under section 473 is conditioned upon the r...

Excerpt: ...enue 52 [in Indio] outside of [a] … crosswalk when a presumably inattentive driver took his eyes off the road to turn around and attend to his child in the backseat ….” The driver struck and killed the decedent in the westbound lanes of Avenue 52 about a quarter‐mile east of the Avenue 52‐Monroe Street intersection. Plaintiffs are the decedent's parents. This unfortunate homicide occurred on the first evening of the 2016 Coachella Valle...

Excerpt: ...not file an opposition. On 11‐28‐29 Defendant filed a notice of non‐opposition. On 12‐3‐20, the Court granted the Motion to Compel and imposed $660.00 in sanctions (“December Order”). The Notice Ruling on the December Order shows a proof of service by mail of 12‐4‐20. The motion for reconsideration was filed on 1‐8‐21. On 10‐20‐20, Defendant propounded requests for admissions (RFAs). Plaintiff failed to serve responses b...

Excerpt: ...el by the deadline for the service of responses and objections and filed a week later, the Motion is sufficiently prompt. Merits: Bertrand propounded 60 RFAs. Counsel served a declaration in compliance with section 2033.050, which states that the number of RFA is warranted under Section 2033.040 because of the complexity or the quantity of the existing and potential issues in the case. However, other than stating that he is entitled to discovery ...

Excerpt: ...esirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages. [Citations.]” (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 738.) With respect to the sixth cause of action, Plaintiff has failed to adequately plead mis...