Excerpt: ...th convinced him to move to Palm Springs for a romantic relationship. Defendant was in the process of divorcing Vince Keenan, and Defendant used Plaintiff to improperly obtain money from. Defendant also lied about any diseases he had, etc. After the relationship ended, Plaintiff lost his property, was kicked out of school, lost his job and was suicidal. On 6/1/20, Plaintiff filed his complaint for fraud, intentional infliction of emotional distre...

Excerpt: ...ornia, Inc. (1993) 14 Cal.App.4th 612, 616.) As to the general demurrer, Plaintiff's allegations of elder abuse are sufficiently particular for pleading purposes. Plaintiff alleges: (1) she was admitted to HGMC and was assessed to be a high risk for skin breakdown; (2) HGMC staff consistently and repeatedly failed to follow the skin integrity care plan created for Plaintiff; (3) HGMC failed, on enumerated days, to inspect and monitor Plaintiff fo...

Excerpt: ...ed Complaint. Plaintiff has not waived his right to object to the Answer's lack of verification as there has been no trial on the merits yet. Plaintiff must still establish that the Complaint states a sufficient claim upon which Judgment on the Pleadings can be rendered, in addition to showing that the Answer is defective. Here, Plaintiff only brings the motion on the first cause of action, for enforcement of an on ‐ the‐record settlement agr...

Excerpt: ... duty, and 3) legal malpractice. Defendant demurred once again to the 1st cause of action, which this court is set to hear on 12/23/20. The court should sustain without leave to amend as the FAC added no additional facts, to show that Defendant took any property from Ms. Montage for any wrongful purpose or with the intent to defraud her, needed to support the cause of action. Defendant also moved to strike portions of the FAC as follows: Request ...

Excerpt: ...nst multiple defendants, including C.P.I. Properties, LP (erroneously sued as C.P.I. Properties, LLC) (“CPI”), Cerca Trova Restaurant Group Holding, Inc. (“Outback”) and Sunrise Restaurants, LLC dba Denny's Restaurant (erroneously sued as W.K.S. Restaurant Corporation dba Denny's Restaurant) (“Sunrise”). The City seeks to acquire property (Assessor Parcel Nos. 172‐420‐002 and 172‐420‐003) (the “Property”) by eminent domain...

Excerpt: ...d by a buyer of a real property for the sellers' alleged misrepresentations, seeking cancellation of the purchase agreement and damages. In the First Amended Complaint (“FAC”), which is the operative pleading, Plaintiff Buyer asserts four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda t...

Excerpt: ...t issue here authorizes the propounding party to compel responses without objection when the responding party has failed to serve a response. (Code Civ. Proc., §§ 2030.290[Interrogatories], 2031.300 [Production].) There is no requirement to meet and confer before bringing a motion to compel when there has been no response to the discovery. (See Code Civ. Proc., § 2030.290 [Interrogatories].) And, unlike a motion to compel further responses to ...

Excerpt: ...perates a wine bar in the City of Palm Desert, entered into a commercial lease (the “Lease”) with Defendant on March 30, 2018. (Complaint, ¶¶ 1‐2, 5.) Plaintiff commenced operation in January 2019 and remained in continuous operation until March 2020. (Id., ¶ 6.) On March 4, 2020, a state of emergency was declared for the State of California because of the threat of the COVID‐19 virus. (Id., ¶ 7.) On March 11, 2020, the World Health O...

Excerpt: ..., 554) “Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion.” (Jessen v. Keystone Savings & Loan Assn. (1983) 142 Cal.App.3d 454, 458.) Although an OSC directs the party “to show cause, the burden is on moving party to show all elements necessary to support issuance of a preliminary injunction. (O'Connell v. Superior Court (Valenzuela) (2006) 141 Cal....

Excerpt: ...ria Penley for: 1) elder financial abuse, 2) breach of fiduciary duty, and 3) attorney malpractice. Defendant Attorney Victoria Penley demurred to the first two causes of action. The court previously sustained that demurrer as to the 1st cause of action for elder financial abuse, with leave to amend. Plaintiff filed his First Amended Complaint on 10/8/20. Defendant once again demurs to the 1st cause of action for elder financial abuse on the grou...

Excerpt: ...paragraphs 7 and 9 of the Complaint cause it to be included in the cause of action. The label of the cause of action names only defendant Binnquist. Defendant Laguna Hills' contention is without merit. Defendant Laguna Hills also contends the Complaint fails to identify the individuals who agreed to sign the change orders. It cites no authority in support of this purported requirement. Finally, defendant Laguna Hills contends Plaintiff failed to ...

Excerpt: ...parties agreed to a Compromise and Release in the amount of $50,497.14, which was later reduced to an order. Part of the order provided NPG would pay $25,000 directly to Villalobos. In April 2020, NPG sent a check for $25,000 to Howser made out to “Nathan Howser Law Client Trust Account” and not Villalobos directly. Howser returned the check and asked NPG to comply with the order. On May 15, 2020, Howser filed the Petition for Sanctions, Cost...

Excerpt: ...y of theories of recovery, including breach of contract, violation of due process, discrimination, slander, defamation, and obstruction of justice. Plaintiff argues the property was taken without just compensation and she is entitled to $1,800 per month until possession is returned. On 9/23/20, the court granted the County of Riverside's motion to quash and recommended that plaintiff seek legal advice for assistance, but plaintiff is still repres...

Excerpt: ...l Stamen. Hence, the hearing was continued to 8/21/20. On 8/12/20, plaintiff Matthew Tye filed a Statement of Disqualification under Code of Civil Procedure section 170.3. As a result, the hearing of this motion was repeatedly continued while the Statement of Disqualification was being considered by the San Diego Superior Court. On 10/15/20, the San Diego Superior Court denied the disqualification and its ruling was filed on Page 4 of 6 10/23/20....

Excerpt: ...y may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction.” (Food & Ag. Code §31622(a).) “If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court.” (Food & Ag. Code §31622(a).) The administrative order was entered April 30, 2020. Therefore, pursuan...

Excerpt: ...ff's favor. Injunctions are equitable in nature and the general purpose of prejudgment injunctive relief is to preserve the status quo pending a determination on the merits. The grant or denial of a temporary restraining order or preliminary injunction “does not amount to an adjudication of the ultimate rights in a controversy. It merely determines that the court, balancing the respective equities of the parties, concludes that, pending a trial...

Excerpt: ... Cal.App.4th 690, 697.) The court denies the motion as to Form Interrogatories (FROGs) 12.3 and 15.1 because Plaintiff did not meet and confer before filing the motion. The court finds that Plaintiff's meet‐and‐confer efforts were otherwise adequate. The court grants the motion as to FROGs 12.1, 12.2, and 12.6. (See Puerto v. Sup. Ct. (Wild Oats Markets, Inc.) (2008) 158 Cal.App.4th 1242 [no significant privacy invasion for discovery of names...

Excerpt: ...n this ground, or by affirmative defense in the answer.” (Weil & Brown, CPG: Civ. Proc. Before Trial (TRG 2020) §2:185, citing CCP §430.10(d); §2:196, citing CCP §430.80.) The Complaint was filed on 4/17/19. AHM filed its Answer on 9/17/19, which did not challenge the failure to join Alltizer. AHM did not demurrer to the Complaint based on a failure to join Alltizer. The Retail Installment Sale Contract (RISC) is attached to Mr. Dowling's d...

Excerpt: ...ii).) “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleading or by matters that can be judicially noticed.” (Cloud v. Northrop Gruman Corp. (1998) 67 Cal.App.4th 995, 999.) All facts alleged in are deemed admitted and given a reasonable interpretation. (Lance Camper Manufacturing Corp. v. Republic Indemnity Co. (1996) 44 Cal. App. 4th 194, ...

Excerpt: ...ice is granted as to Exhibit A and denied as to all other requests. (Evid. Code § 452(c); and, Aquila, Inc. v. Superior Court (2007) 148 Cal.App.5th 556, 569.) Continental's reply to request for judicial notice is denied. (Id.) Discussion The elements of a claim for breach of contract are “(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.” (Abdelhamid v....

Excerpt: ...ges have been permitted in contract cases where a breach of duty directly causes physical injury, for breach of the covenant of good faith and fair dealing in insurance contracts, for wrongful discharge in violation of fundamental public policy, or where the contract was fraudulently induced.” (Erlich v. Menezes (1999) 21 Cal.4th 543, 551‐552, italics added.) “In each of these cases, the duty that gives rise to tort liability is either comp...

Excerpt: ...f action for fraud based on concealment are: (1)The defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed ...

Excerpt: ...le because its adoption violated the CC&Rs, including but not limited to Paragraphs 3.15, 9.05(a)(4)(E) and/or 15.02 of those CC& Rs; 2. An injunction prohibiting Defendants and their agents, employees and/or anyone acting on their behalf, from enforcing Rule 6 and from enforcing any similar restriction and/or limitation on short‐term leasing and/or renting within the Development that has not been duly adopted as an amendment to the CC&Rs pursu...

Excerpt: ...ges have been permitted in contract cases where a breach of duty directly causes physical injury, for breach of the covenant of good faith and fair dealing in insurance contracts, for wrongful discharge in violation of fundamental public policy, or where the contract was fraudulently induced.” (Erlich v. Menezes (1999) 21 Cal.4th 543, 551‐552, italics added.) “In each of these cases, the duty that gives rise to tort liability is either comp...

Excerpt: ...ice is granted as to Exhibit A and denied as to all other requests. (Evid. Code § 452(c); and, Aquila, Inc. v. Superior Court (2007) 148 Cal.App.5th 556, 569.) Continental's reply to request for judicial notice is denied. (Id.) Discussion The elements of a claim for breach of contract are “(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.” (Abdelhamid v....