Excerpt: ...cable standard of care and causation. Welf. & Inst. Code Section 15610.57(a); Carter v. Prime Healthcare Paradise Valley, LLC (2011) 198 Cal.App.4th 396, 405‐ 407; Flatt v. Superior Court (1994) 9 Cal.App.4th 275, 293. CPA's expert, Karen Josephson has provided a declaration indicating that CPA's conduct did not breach its applicable standard of care or cause Plaintiff's injuries. (Karen Josephson's Declaration, ¶¶ 6.D. and 7.) Due to this, C...

Excerpt: ...facts demonstrating why Defendant obtained title by fraud, inequitable conduct, or that it was invalid. At most, she alleges an underlying action to which she was not a party to, and argues in opposition, that she was an indispensable party. From the allegations in the underlying action, RIC 1410237, Plaintiff Suntrust Mortgage, Inc. is the owner of property located at 1718 Hayden Ave. in Corona. Suntrust asserted that the property was formerly o...

Excerpt: ... §11019(b).) Harassment is something that communicates an offensive message to the harassed employee. (Roby v. McKesson Corp. (2009) 47 Cal.App.4th 686, 706.) FEHA liability for harassment extends to any employee of a covered employer, and thus individual employees can be named as defendants. (Gov. Code, §12940(j)(3).) An employer's liability for harassment by someone other than a manager or supervisor is based on negligence‐ i.e., the miscon...

Excerpt: ...s. While Plaintiff was using the ladder to look at kitchen exhaust/range hoods on Aisle 40 in Department 29 of the Mira Loma Home Depot store, his foot slipped and he fell. Plaintiff then brought the instant action against Home Depot. On August 7, 2020, Plaintiff served Defendant with 48 Requests for Production of Documents, 49 Special Interrogatories, 21 Requests for Admission, and Form Interrogatories. Prior to the September 21, 2020 due date, ...

Excerpt: ...A plaintiff may attack an answer via a demurrer on the following grounds: “(a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” C.C.P. § 430.20. Demurrers for uncertainty are disfavored and wi...

Excerpt: ... cars to obtain better mileage, greater reliability, and overall improved performance. Defendant Farrell operates Hyperfuel, Inc., which also designs and distributes aftermarket performance auto parts. Hyperfuel and FIT compete with one another in the market. In 2014, Farrell was appointed as FIT's General Manager. He held the position until November 2017, when he left the company, after FIT discovered he was working for another aftermarket autom...

Excerpt: ...herently dangerous about the stairway and Plaintiff tripped merely because it was dark outside. Failure to provide adequate lighting may create a dangerous condition on property. Defendants have not produced any evidence that the subject stairway was adequately lit. The only evidence offered by Defendant, Plaintiff's special interrogatory responses, indicate that the lights in the stairway were not working. (Exh. B, Response No.1) Defendants have...

Excerpt: ...ount of the past loss of earnings. In response, on 8‐8‐20, the Court ordered the plaintiff to file a CMS within 2 weeks that described both the nature and the amount of the damages being sought. The Court at the same time issued an order to show cause why sanctions should not be imposed for initialing filing an incomplete CMS, returnable on 9‐15‐20. On 9‐14‐20, having received neither a revised CMS or a declaration in response to the ...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ... seek immediate review of the court's Ruling sustaining the Demurrer without Leave, nor was this issue raised on Appeal. The disposition on appeal was to reverse the judgment with directions to the trial court “to vacate its ruling on summary adjudication and enter a new order denying the motion on this issue.” (RJN iso Opposition, Exh.2.) The appellate court noted : “The body of the cause of action alleges intent to defraud, suggesting tha...

Excerpt: ...ecedent's home on 12/19/18 and ordered four prescriptions with Defendant Equanimity Hospice & Palliative Care, however, only three prescriptions were delivered on 12/20/18 and 12/22/18. Decedent suffered a stroke on 12/22/18 and died on 12/28/18. Plaintiffs filed the original complaint on 6/26/20. After Defendant Fukada demurred, Plaintiffs filed a First Amended Complaint (FAC) as a matter of right on 10/26/20 for professional negligence and wron...

Excerpt: ...he gravamen of this action for: (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) conversion, (6) constructive trust and (7) violation of Civil Code section 3344 is that Plaintiff has not received her share of the profits in the Brandini Toffee company. Plaintiff Leah Post alleges that in 2006, while in high school, she and Defendant Brandon Weimer, who were both m...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...he gravamen of this action for: (1) accounting, (2) breach of contract, (3) breach of the covenant of good faith and fair dealing, (4) breach of fiduciary duty, (5) conversion, (6) constructive trust and (7) violation of Civil Code section 3344 is that Plaintiff has not received her share of the profits in the Brandini Toffee company. Plaintiff Leah Post alleges that in 2006, while in high school, she and Defendant Brandon Weimer, who were both m...

Excerpt: ...ecedent's home on 12/19/18 and ordered four prescriptions with Defendant Equanimity Hospice & Palliative Care, however, only three prescriptions were delivered on 12/20/18 and 12/22/18. Decedent suffered a stroke on 12/22/18 and died on 12/28/18. Plaintiffs filed the original complaint on 6/26/20. After Defendant Fukada demurred, Plaintiffs filed a First Amended Complaint (FAC) as a matter of right on 10/26/20 for professional negligence and wron...

Excerpt: ...A plaintiff may attack an answer via a demurrer on the following grounds: “(a) The answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral.” C.C.P. § 430.20. Demurrers for uncertainty are disfavored and wi...

Excerpt: ...herently dangerous about the stairway and Plaintiff tripped merely because it was dark outside. Failure to provide adequate lighting may create a dangerous condition on property. Defendants have not produced any evidence that the subject stairway was adequately lit. The only evidence offered by Defendant, Plaintiff's special interrogatory responses, indicate that the lights in the stairway were not working. (Exh. B, Response No.1) Defendants have...

Excerpt: ... cars to obtain better mileage, greater reliability, and overall improved performance. Defendant Farrell operates Hyperfuel, Inc., which also designs and distributes aftermarket performance auto parts. Hyperfuel and FIT compete with one another in the market. In 2014, Farrell was appointed as FIT's General Manager. He held the position until November 2017, when he left the company, after FIT discovered he was working for another aftermarket autom...

Excerpt: ...bases of venue articulated in CCP §395.5. (Buran Equipment Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1666.) CCP §395.5 provides that “[a] corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated." (CCP §395.5.) However, The Complaint is ...

Excerpt: ...s exist for the revocation of the agreement; or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v....

Excerpt: ...responding party from that waiver. (Code Civ. Proc., §§2030.290(a), 2033.280(a), 2031,300(a).) As such, in regard to the discovery at issue, Plaintiff's objections are deemed waived. In a motion for further responses to special interrogatories, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Coy v. Superior Court of Contra Costa County (1962) 58 Cal.2d 210, 220‐221.) Most of Plai...

Excerpt: ...9 against defendant Riverside Transit Agency (“RTA”). On March 12, 2019, Plaintiff was a passenger on a bus operated by RTA. Plaintiff alleges that she was injured when she was struck by heavy luggage which fell from the storage rack above where Plaintiff was seated on the bus. The complaint sets forth a single cause of action for negligence. * * * RTA now moves for summary judgment. RTA argues that although it had a heightened duty of care a...

Excerpt: ...efendant is not entitled to relief under Code of Civil Procedure section 473, subdivision (b). (Scottsdale Ins. Co. v. Superior Court (Spyglass Homeowners Ass'n) (1997) 59 Cal.App.4th 263, 275.) The Discovery Act provides relief for all Defendant's requests here. (See Code Civ. Proc., §§ 2025.290, 2031.300, 2033.280.) To merit relief under the Discovery Act, the moving party must serve code‐ compliant responses and show mistake, inadvertence,...

Excerpt: ...en from the court's records. Monetary Sanctions under Cal. Code Civ. Pro. §128.5: Pursuant to Cal. Code Civ. Pro. §128.5, a trial court may order a party to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad‐faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (Cal. Code Civ. Pro. §128.5(a).) “Frivolous” means totally and completely without merit or f...

Excerpt: ...tent, unless the defect is obvious in the context of common experience, and then it may be decided as a matter of law, including on summary judgment. (Creekridge Townhome Owners Assn. Inc. v. C. Scott Whitten, Inc. (2009) 177 Cal.App.4th 251, 256 [reversing summary judgment granted in favor of defendant because of triable issues of material fact regarding whether the defect was apparent on reasonable inspection].) As to the complete and accepted ...