Excerpt: ...ng that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/moton to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be at...

Excerpt: ...dispute that Plaintiff filed for Chapter 7 bankruptcy on 11/13/15 at which time all of his property, including his pre-pettion claims against Defendants, became property of the bankruptcy estate. (Defendants' RJN, Ex. "1".) Defendants assert that Plaintiff's bankruptcy schedules admit: that the DOT was fully owned by Natonstar and secured against the property; and that Plaintiff did not have any "contingent and unliquidated claims of [any] nature...

Excerpt: ...a, California and on August 24, 2023, Defendants "failed to comply with the terms and conditions of the written inspection agreement," and he was damaged. In their demurrer, Defendants argue there was a misjoinder of parties because Juan and Alex are not parties to the contract, and therefore not proper parties to the action. Defendants also argue Plaintiff fails to sufficiently state his claim for breach of contract because he does not allege: (...

Excerpt: ...sts for Production ("RFPs"). Plaintiff timely opposed all three motions but failed to request oral argument after the court posted fts tentative ruling. On November 17, 2023, the court adopted its tentative ruling and granted all three motions and imposed sanctions against Plaintiff in the total amount of $4,205. Plaintiff now moves to set aside the order granting the motions to compel and imposing sanctions. Plaintiff argues that she is entitled...

Excerpt: ...valuatng a complaint under the general demurrer standards, if there is any valid cause of action stated, even if not the one intended, the complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966-967.) If judicially noticeable records disclose ...

Excerpt: ...e 22, 2022, Plaintiff MICHAEL NOLL was seen and evaluated by Defendant RUSSELL HISSCOCK, D.O., and/or DOES 1 through 33, at Eisenhower Medical Center's Primary Care Facility at the Brimble and Johns Health Center. MICHAEL NOLL suffered from Parkinson's disease, but fortunately his condition was slowprogressing, and he enjoyed an active, healthy, and full life with his spouse, ROLAND LEWIS. For some time, MICHAEL NOLL had been taking the prescript...

Excerpt: ...ly identified deficiencies in the pleading, as explained below. The Court declines to award sanctions on fts own motion, but this does not preclude Defendants from filing a separate motion under Section 128.7, after complying with all safe harbor and other requirements of that section, if appropriate. Defendants again demurrerto the first cause of action for breach of written contract, the second cause of action for breach of oral contract, and t...

Excerpt: ...arly morning of November 1, 2023, Defendant union, its agents, officers, and employees, and persons acting in concert with it (e.g., picketers), have intentionally blocked access to, ingress to and egress from, the distribution center, which has led to violence and threats of violence. (Complaint, '1 1.) The allegedly unlawful conducts include using human blockades consisting of 20-40 union picketers and traffic cones to blocking the only availab...

Excerpt: ...off as collateral. Defendant Bagwell completed the application for Plaintiff and Plaintiff signed. The form was submitted by Bagwell to tcf National Bank. (TAC 6-8.) Plaintiff alleges during the many conversations that Plaintiff had with Defendant Bagwell, Plaintiff was told by defendant Bagwell that he will get a cheaper insurance for her to cover the HELOC and that Plaintiff can cancel the current insurance she had with GEICO Insurance Company....

Excerpt: ...s the motion to strike punitive damages. The Court deems the motion to strike moot as to treble damages and attorney fees in light of the ruling to sustain the fifth cause of action with leave to amend. The Court recognizes that the parties also have a Case Management Conference set for today. As the pleadings are not at issue, the Court shall on its own motion contnue the CMC to April 18, 2024 at 8:30am in Dept. 3. All parties are ordered to fil...

Excerpt: ...in amount of $1,700.00 are due within 30 days of this order. This case arises from Plaintiff's allegation that, on or about July 30, 2018, he was bitten by bed bugs while staying at a hotel that Defendants owned or controlled. On July 29, 2020, Plaintiff filed a lawsuit against Defendants for battery, negligence, intentional infliction of emotional distress, fraud, and public nuisance. On May 10, 2021, Plaintiff filed a First Amended Complaint fo...

Excerpt: ...laint, filed 6/28/23, asserts: (1) motor vehicle negligence; (2) general negligence; (3) respondeat superior; and (4) negligent hiring/retention. Defendants uber, Raiser and Raiser-CA move to compel arbitration pursuant to the Terms of Use, which contains an arbitration agreement. They point out that ADR Services is the designated arbitrator and has exclusive authority to determine the threshold questions of arbitration. They point out that the a...

Excerpt: ...HOOL DISTRICT AND LINDA PEREZ TO COMPEL PLAINTIFF SETH HAMMERSTEADT TO SUBMIT TO DEPOSITION Tentative Ruling: The Court grants Defendant District's Motions to Compel the three depositions at issue. The Court orders that the depositions take place within 30 days, or at a date stipulated to by counsel. If further disputes arise from the taking of any of these depositions, the Court invites the parties to participate in an Informal Discovery Confere...

Excerpt: ...ns at the time the notice was written and assumed Likun as an employee, when she was not an employee. (Cross-Compl. 9, 87—88.) Therefore, together with the other allegations, Cross-Defendants do not meet their burden in showng that the Cross-complaint fails to state sufficient facts for the RICO cause of action. Second Cause of Action: Concealment: The Cross-complaint sufficiently alleges that CrossDefendants never disclosed the status of their...

Excerpt: ...eral." (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 971—972.) Given the policy favoring arbitration, "doubts concerning the scope of arbitrable issues are to be resolved in favor of arbitration." (Ericksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak Street (1983) 35 Cal.3d 312, 323; see also Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) Section 1281.2 of the California Arbitration Act requires the trial cour...

Excerpt: ...11, 12, 13, 15, 16, 17, 18, 19, 20, 21. Overruled as to Nos. 1, 2, 3, 4, 5, 8, 9, 14. Factual and procedural background: On 3/2/22, Plaintiff filed the Complaint in this action against Defendant GM, asserting the causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Act, (2) breach of express warranty under the Song8everly Act, and (3) fraudulent inducement - concealment, relating to his 2017 Chevrolet Silv...

Excerpt: ...zjon are intertwined with the other plaintiffs. This case involved the following causes of action: (1) a claim for battery, (2) a claim for violation of the California Civil Code Section 52.1 [Bane Act]" and First and Fourth Amendment rights and (3) a claim for negligence brought by the Plaintiffs, Tyesha Calhoun and Taletha Calhoun, and a claim for assault instead of battery brought by Tyzjon Calhoun. These actions were brought against Defendant...

Excerpt: ...ng this lawsuit, leading Plaintiff to dismiss her claims against him, and consequently, there is no cause of action against Perpetrator. The Complaint alleges that Plaintiff was sexually assaulted and battered by Gonzales from 1977 to 1981. Plaintiff alleges that her initial contact with Gonzales and his family stemmed from her father and Gonzales attending the sheriff academy together. (Complaint 15.) The Complaint alleges that during the period...

Excerpt: ...esponses is granted in part. Hacienda is ordered to produce a PMK for topics 2, 4 and 5. The contact information of the percipient witnesses is relevant and not protected by the right to privacy. The medical information of 3rd parties must be redacted. Hacienda is ordered to provide further responses to RFP Nos. 2, 11, 12 and 17 since it is unclear whether all responsive documents have been produced. For the protection of the privacy rights of Ha...

Excerpt: ...ng injuries. Plaintiff is also suing the store manager (DOE 1) alleging he is responsible for maintenance of the store at the time of the incident including ensuring a policy was in place, and that employees were properly trained and tasked with maintenance. Plaintiff filed his Complaint on 9/25/23 alleging two causes of action for general negligence and premises liability. *** Defendant, Costco, brings this moton to disqualify Plaintiff's counse...

Excerpt: ...ng-Beverly Act in Rodriguez. Briefly stated, the Fourth District, Division Two held that as a matter of law, used vehicles are not subject to the Song Beverly Act. The Supreme Court granted review, but still allowed Rodriguez to be cited as persuasive authority. In opposition, Plaintiff asserted that the motion must be denied as disputed material facts exist, which controvert GM's contention that Plaintiff bought a used vehicle for which GM did n...

Excerpt: ...t. Judgment was entered on or about September 26, 2023. Defendant filed its Memorandum of Costs on November 9, 2023 and thereafter Plaintiffs filed the instant motion to tax. Page 20 of 23 Plaintiffs assert that the expert fees requested by the defendant in Item 8 (and attachment 8b5) are allowed only with the Court's discretion and should not be allowed under the circumstances of this case; and the subpoena charges for service of process claimed...

Excerpt: ...or before 30 days before trial, and discovery motions to be heard 15 days before trial. A contnuance or postponement of trial does not reopen discovery proceedings. (CCP 52024.020(b). ) Parties may stipulate to extend the time. (CCP 52024.050.) The initial trial date of 11/17/23 governs the discovery cut-off date. Plaintiff contends this is not a discovery motion. The court disagrees. This is a motion to de- designate under the protective order�...

Excerpt: ...ion is granted, but responses are limited to documents from 2020, 2021, and 2022. All further responses are ordered to be served within 30 days of service of notice. (CCP S 2031.310). Plaintiff has made a factspecific showing of relevance as to these Demands, with the limitations noted above, and Defendant EMC has not justified its objections. The Court notes that with respect to objections based on the fact that requests are unduly burdensome, E...

Excerpt: ... compel further responses to special interrogatory nos. 30. The Court orders responses to be made, without objection, in 15 days. Page 7 of 9 The Court awards sanctons to Plaintiff and against Defendant, but not counsel, in the amount of $1,200, for each motion. Factual / Procedural Context: This is a personal injury achon arising out of a motor vehicle accident that occurred on January 13, 2022. Plaintiff Jonathon Lee Byrd alleges that he was a ...