Excerpt: ...rdingly, the elements of a claim for injuries suffered by an invitee due to a dangerous condition on the premises (whether natural or artificial) are duty, breach, causation, and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205.) Concerning the elements of duty and breach, a property owner has a duty to exercise ordinary care in using or maintaining his or her property to avoid exposing others to an unreasonable risk of injury; the f...

Excerpt: ...) A party's motion for reconsideration must be based on new or different facts or circumstances of law. (Ibid.) A motion for reconsideration must be accompanied by an affidavit stating what application was made before, what judge heard the matter, what orders were made, and what new or different facts, circumstances, or law are claimed to be shown. (Ibid.) When a party seeks reconsideration, he or she must show a “satisfactory explanation for f...

Excerpt: ...appears to be in line with the rate billed in the local community. As such, a reduction in this hourly rate does not appear warranted. Defendant asserts that some of the billing entries are improper or excessive. Defendant argues that Plaintiff's counsel appears to be i nflating his billing for emails sent and received by billing .1 for each email, which has resulted in more fees than what would be assessed if the actual time spent by counsel wa...

Excerpt: ...has additional facts that could withstand a further demurrer, the Court shall sustain, without leave to amend, as to the 1st, 3rd and 5th causes of action. As to the motion to strike, the Court denies the motion to strike as to Request 1. Because the Court has su stained the demurrer as to certain portions, Requests 2, 4, 5, and 6 are moot. The Court grants the motion as to Request 3 (punitive damages) without leave to amend unless Plaintiff has ...

Excerpt: ... by the Court, contempt sanctions may be issued. Motion to Compel the Deposition of Ata Rabbie – The Motion to compel third party Rabbie's deposition is granted. Defendant is allowed to take the deposition of Mr. Rabbie after the discovery cutoff. The witness is o rdered to appear for deposition within 10 days of this order. If the witness fails to appear as ordered by the Court, contempt sanctions may be issued. Motion for Summary Judgment/Adj...

Excerpt: ...ime with sanctions up to but not to exceed $1,500.00 and or dismissal of pleadings. Case Management Conference is vacated. This is an employment law case in which Plaintiff Randy Pellum alleges 8 causes of action for: (1) Discrimination on the basis of age and race/color/ancestry/national origin of the California Fair Employment and Housing Act ("FEHA"); (2) Hostile work environment; (3) Retaliation for engaging in protected activity; (4)...

Excerpt: ...ent (Pinnacle System in December of 2008) and a partial knee replacement (MAKOPlasty in November of 2009). Relevant to this motion, Plaintiff alleges in the operative Second Amended Complaint that the surgeries were performed negligently by various doctors, including by Dr. Murphy, who was working for Desert Orthopedic Center. The Second Amended Complaint alleges as against these Defendants causes of action for fraud and intentional misrepresenta...

Excerpt: ...t see, and fell off a yellow curb sustaining serious injuries including a sprained left ankle and fractured right wrist. Plaintiff filed her Complaint on 10/25/23 alleging two causes of action for general negligence and premises liability. Defendant, Perris ESD, bri ngs this demurrer to both causes of action in Plaintiff's Complaint for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) Perris ESD argues that ...

Excerpt: ...ly to Defe ndants' new evidence in the Reply by 5/22/24. The Court will accept no further briefing. Factual / Procedural Context This is a breach of contract case. Plaintiffs Adam Camacho and Martial Science Media, LLC (“Plaintiffs”) assert fifteen causes of action for: (1) Breach of Contract; (2) Common Count: Reasonable Value of Work, Labor, and Services (Quantum Meruit); (3) Common Count: Work, Labor, Services and Materials; (4) Unjust E...

Excerpt: ... Resort. C ity of Palm Springs police officers (“City”) came to the residence and eventually arrested Plaintiff using excessive force and caused Plaintiff to suffer serious injuries. Plaintiff alleges that the police officers had a duty to keep him safe, even while a rresting him, and that the City is liable for the officers' conduct. Plaintiff filed his operative First Amended Complaint (FAC) on 3/1/24 alleging three causes of action: 1) ne...

Excerpt: ....5th 862, 872.) The elements of a wrongful death claim are: (1) a tort (negligence or other wrongful act); (2) resulting death of another person; and (3) damages, consisting of the pecuniary loss suffered by the heirs. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263.) In the present case, Plaintiffs assert a wrongful death cause of action against Defendants, including Providenc...

Excerpt: ...led, Defendant to file their answer within 20 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This action arises out of Plaintiffs Rosa Chai and Tony Chai's (“Plaintiffs”) sustaining injuries from bedbugs at the Westin Miss ion Hills Resort Villas hotel (the “hotel”) in Rancho Mirage. On July 31, 2020, Plaintiffs checked into the hotel and were assigned Room 3913. On August 3, 2020, Mr. Chai beg...

Excerpt: ...ase stemming from Plaintiffs Jose and Stacy Espinoza's (“Plaintiffs”) purchase of a 2020 GMC Sierra (the “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors, LLC (“GM”). Along with the purchase of the Vehicle, GM's warranty contract contained various warranties including bumper -to -bumper warranty, powertrain warranty, emission warranty, etc. (FAC ¶ 8.) Shortly after purchase, Plaintiffs began to exper...

Excerpt: ... 697.) Fur thermore, while Defendant cites to CRC rule 8.54 regarding motions, Title 8 of the California Rules of Court governs motions in the appellate court, not the trial court, and is thus, inapplicable. This is not a Motion for Summary Judgment. It does not app ear Plaintiff seeks summary judgment. By this motion, Plaintiff seeks preliminary injunctive relief prohibiting Defendant from implementing the Decision pending the hearing on the mer...

Excerpt: ...rth (declaratory relief) causes of action; overrule as to the second (quiet title) and third (prescriptive easement) causes of action. This is a boundary dispute between Plaintiffs and their neighbor, the Colorado Riviera Community Association. Plaintiffs allege four causes of action for: (1) nuisance; (2) quiet title; (3) prescriptive easement; and (4) declaratory relief. Plaintiffs have also named numerous individual defendants, who are alleged...

Excerpt: ...el Hernandez and Sandra Madrigal De Hernandez breached the CC&Rs by installing a shed and covered barbecue / patio cover in their backyard without first obtaining approval from the Association. On 9/12/23, Mrs. Hernandez was served with the summons and complaint by p ersonal service and Mr. Hernandez was served by substituted service. On 10/27/23, Defendants' default was taken by Plaintiff. On 2/21/24, Defendants filed this motion to vacate and...

Excerpt: ...s settled his individual claims, the Court should dismiss the Class and PAGA claims, without prejudice, as plaintiff is not a valid class representative or aggrieved employee. Plaintiff argues that this is a class action and that the purported settlement is void, un enforceable, and cannot support a dismissal because: 1) it was obtained by fraud – defendants lied to plaintiff telling him that plaintiff's counsel had agreed with the proposed set...

Excerpt: ...failure t o engage in the good faith interactive process, 3) wrongful discharge, 4) retaliation for opposing unlawful practices, 5) retaliation for requesting accommodation, and 6) failure to prevent discrimination. In the instant motion, Defendant Coachella Valley Water District moves the court to compel Plaintiff to submit to an independent mental examination, pursuant to CCP §2032.310. In support of the motion, Defendant's counsel Jorge Luna ...

Excerpt: ... all eleven requests. As to sanctions, Plaintiff's request is granted in reasonable reduced amount of $800. Evidentiary Objections Plaintiff objects to statements made in the declaration of Cameron Major based on improper legal argument, lack of foundation, and conc lusory; as to nos. 1-4, it is overruled; and nos. 5 -7, it is sustained. Service of a proper deposition notice obligates a party or party -affiliated witness to attend and testify, an...

Excerpt: ...pt in cases whe re Health & Safety Code § 1799.110 applies, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaintiff.” (Jameson v. Desta (2013) 215 Cal.App.4th 1144, 1166; Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968; Avivi v. Centro...

Excerpt: ... regarding a 2015 GMC Sierra 2500. Plaintiffs allege defects and nonconformities to warranty manifested during the warranty period including the battery; the engine; among other defects and non- conformities. On 1/26/22, Plaintiffs filed a Song -Beverly complaint asserting: (1) breach of express warranty – Civil Code § 1793.2(d); (2) Civil Code § 1793.2(b); (3) Civil Code § 1793.2(a)(3); and (4) breach of implied warranty; of merchantabilit...

Excerpt: ...neral demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (C.C.P. § 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 co ntext. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all material facts which have been properly pleaded, of facts which ma...

Excerpt: ...tements pri or to that date. Factual/Procedural Context On September 17, 2020, Plaintiffs Paula Lee and Dylan Lee (“Plaintiffs”) entered into a warranty contract with Defendant Ford Motor Company (“Defendant” or “FMC”) regarding a 2020 Ford F150. (First Amended Complaint [“FAC”] ¶ 8, Ex. A.) Plaintiffs allege that the subject vehicle came with known defects, including transmission defects, electrical defects, suspension defects, ...

Excerpt: ...85) causes of action. Sustain the demurrer to the 2nd through 8th causes of action, and grant Plaintiff 20 days leave to amend (one final attempt to amend to adequately allege facts supporting these causes of action). Second COA: While Plaintiff states, in a conclusory manner, that Defendants discriminated against him because of his condition [FAC at ¶¶ 51 -52], the only conduct that Plaintiff identifies is (1) a single write up for failing t...

Excerpt: ...le neglect” (in which event, relief is discretionary), or an attorney affidavit of fault (in which event, relief is mandatory). Under CCP §473(b), the court is required to vacate any default or dismissal “whenever an application for relief is made no more than six month s after entry of judgment (or dismissal), is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or n...