Excerpt: ...een the same parties on the same cause of action.” (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789.) Defendant claims without reference to the causes of action asserted herein, much less, any analysis of those causes of action and the matters pending in the Family law court that this matter is still pending in the Family Law court. Without more, the Court cannot determine whether this action is barred by the Family Law ...

Excerpt: .... Bankers Pension Services, Inc. (1999) 76 Cal.App.4th 550, 556, to determine the effect of res judicata, defendant must show three things, as follows: 1) the present action and the prior actions raise the same, identical claim; 2) the prior action resulted in a final judgment on the merits; and 3) the party against whom res judicata is asserted was a party, or in privity to a party, to the prior action. Defendant claims Plaintiff was a party to ...

Excerpt: ...dditionally, plaintiff offered to provide a written answer to the question. (2) ELIZABETH – “did you make the decision to sue Tom and Mizuki?” – GRANT The Opposition fails to establish that ELIZABETH's decision to sue was made in the course of attorney‐client privileged communications with her attorney. (3) ELIZABETH – what bank the Derby house sales proceeds went into – GRANT Given the dispute and the cross‐claims for fraud and f...

Excerpt: .... Finally, the claim for Dangerous Condition of Public Property fails as neither party disputes that CTAI was not a public entity or public employee. Request for Judicial Notice by CTAI: Granted as pursuant to Evidence Code Sections 451, 452, and 453. Objections stated by CTAI: Granted as to Nos. 14, 16, and 17 to the Declaration of Glenn Asakawa as the statements lack foundation and/or are speculative. Overruled as to objection 22. Court decline...

Excerpt: ...r class member). He implies, but does not expressly state, that any settlement larger than $750,000 would not survive constitutional scrutiny. Page 2 of 3 a. Does the plaintiff contend that this is the largest award that could pass constitutional scrutiny? b. If so, why do you believe that this is the maximum? c. If not, what is the maximum, and why? 2. The plaintiff asserts: “Defendant does not possess sufficient assets to pay an award of stat...

Excerpt: ...ng that Kollins could not assert personal ownership of funds that were alleged to have been taken from Carpet Depot, LLC that the cause of action belonged to Carpet Depot. The court then sustained Joseph's demurrer to the 1st cause of action in the First Amended CrossComplaint (“FACC”) on the same grounds, with leave to amend to add a potential derivative claim on behalf of Carpet Depot, LLC for conversion. Joseph again demurred to the Second...

Excerpt: ...s Reinsurance Company of America v. Borton Petrini LLP (2013) 221 Cal. App. 7th 890, 897. The only exception to the broad rule in where the legal malpractice claim is acquired as an incidental part of the purchase of one insurance company by another. In its opposition, Plaintiff does not opposed the demurrer on this ground in light of the court's prior ruling. Instead, Plaintiff argues that it has other claims to allege against Defendants, specif...

Excerpt: ...ian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 386‐387.) The reasoning of the Court of Appeal is the same: “[A] defendant cannot rely on a predispute waiver by a private employee to compel arbitration in a PAGA case, which is brought on behalf of the state.” (Betancourt v. Prudential Overall Supply (4th Dist., div. 2, 2017) 9 Cal.App.5th 439, 445, emphasis added.) The MAP was not signed by the State and is therefore irrel...

Excerpt: ...ntract. The Court sustained the demurrer to each cause of action in the First Amended Complaint (“FAC”) with leave to amend. The demurrer is based upon the grounds that each c/a fails to state a cause of action. For the following reasons, the demurrer is overruled with thirty (30) days leave to answer. 1 st c/a‐Plaintiff has alleged that Defendant discharged him because of his age. The elements of a cause of action for age discrimination ar...

Excerpt: ...169; Moore v. Preventive Medicine Medical Group, Inc. (1986) 178 Cal.App.3d 728, 747.) The failure to label the second cause of action as one for “professional negligence” does not render the Complaint uncertain. Demurring Defendants can reasonably determine what issues must be admitted or denied and what claims are directed against them. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) ...

Excerpt: ... leave to amend. Plaintiffs plead ultimate facts to support their fourth and fifth cause of action for negligence and products liability. See CCP § 425.10; Doe v. City of Los Angeles (2007) 42 Cal.4th 53, 550; C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872. However, the sixth cause of action for breach of warranties fails because there is no allegation that Corona sold the allegedly defective Tire to Decedent or Plain...

Excerpt: ...x. Q and R), and the amended bankruptcy schedule (Ex. U). All the remaining documents are irrelevant. Plea in Abatement: For plea in abatement, it may be made when there is another action pending between the same parties on the same cause of action. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 789.) Plea of abatement requires “absolute identity of the parties.” (Id. at 788.) In addition, the causes of action must be th...

Excerpt: ...ore, the problem is that these Defendants were not part of the first suit. “Under the statutory plea in abatement, ‘[t]he pendency of another earlier action growing out of the same transaction and between the same parties is a ground for abatement of the second action.' [Citation.] A statutory plea in abatement requires that the prior pending action be ‘between the same parties on the same cause of action.'” (People ex rel. Garamendi v. A...

Excerpt: ...rd Amended Complaint (“TAC”) for (1) negligence, (2) elder abuse (Hanson), (3) negligence/willful misconduct and (4) elder abuse (Senior Care) is based upon allegations that Defendants (“Ds”), a company providing home care services to Plaintiff (“P”) and its employee Kaylen Hansen, failed to provide P safe home care and allowed P, who need assistance to walk because he was a “fall risk”, to go to the bathroom by himself, and that ...

Excerpt: ...); Pickwick Stages System v. Superior Court in and for Los Angeles County (1934) 138 Cal.App. 448, 449; 2 Witkin, California Procedure: Jurisdiction §914 (5th Ed. 2008) (“The timely filing of a motion for change in proper form on the ground of wrong court suspends the court's jurisdiction to act. While the motion is pending, the court's power is limited to hearing and determining the motion, and it cannot take other judicial action in ...

Excerpt: ...Inc. are allegedly Walker's agents. They are his property managers. He can be liable for their conduct. Madden v. Kaiser Foundation Hospital (1976) 17 Cal.3d 699, 705‐706. Additionally, Walker's conduct as alleged is sufficient to establish extreme and outrageous conduct. Walker was aware of the rat infestation. He was aware of Plaintiff's medical condition. When a horrible mess was found behind Plaintiff's stove due to the rats, Plaintiff sent...

Excerpt: ...�11.) In 2012, Bryant started to talk to Moody (KPM's treasurer) about KPM obtaining a policy through Bryant. (Compl. ¶12.) Bryant, on behalf of Mid‐Century, was actively soliciting Plaintiffs' business. (Compl. ¶12.) The Complaint also alleges Bryant was “a highly experienced” agent. (Compl. ¶12.) Moody told Bryant that “KPM would need insurance that covered the kinds of risk that KPM faced.” (Compl. ¶13.) The Complaint alleges tha...

Excerpt: ...See Undisputed Material Facts Nos. 10 and supporting evidence consisting of Exhibit 6 to plaintiffs' complaint, the declaration of Ron Nielson, ¶¶ 6‐9, and declaration of Kathleen Nielson, ¶ 6.) Even though the Moving Party claims that they were not managing the property, evidence to the contrary exists. For example, they submitted an invoice regarding charges pertaining to attorney services related to the conviction as well as management fe...

Excerpt: ...ult, the motion to compel BARAJAS' further responses to the Form Interrogatories cannot be granted, since he is dead and unable to provide any further information. However, there is the issue regarding his having served copies of the responses & verifications instead of the originals. CCP §2030.260(a) requires the responding party to serve the original Page 2 of 8 responses on the propounding party. Attorney Habibi/counsel for opposing party pre...

Excerpt: ...and give notice pursuant to Code of Civil Procedure sesction 1019.5, forthwith. The legal theory supporting the complaint is that by electing to pursue a money judgment against the Kauras and Valley & Mountain in the underlying action, Stabilis (including through its purported alter ego Indio Funding) has waived its security interest in the property and that as a result no title could be conveyed at any foreclosure held by either Stabilis or Indi...

Excerpt: ...purposes of probability of prevailing). The moving party bears the initial burden of showing that the action falls within the class of suits subject to the special motion to strike. (Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant is required to make a prima facie showing that plaintiff's suit arises from any act of defendant in furtherance of his right to petition or his right of free speech under the federal or state const...

Excerpt: .... The complaint is for malicious prosecution arising out a lawsuit filed against Plaintiff in the case of Sun Salt Sand Inc. v. Tony Cueves, PSC1503692. The prior lawsuit was terminated in Plaintiff's favor on the granting of his motion for summary judgment as to all six causes of action brought by Defendant Sun Salt Sand, Inc. against him. The owners of Sun Salt Sand, Inc. are Defendants Faruk and Salima Nurani. Kalab Honey and the Law Offices o...

Excerpt: ...te he signed the May 2017 arbitration agreement or that an arbitration agreement exists between the parties. Plaintiff argues that the agreement is unenforceable. Both parties agree that the FAA applies to this case. The Federal Arbitration Act (FAA) (9 U.S.C. §§1 et seq.) generally governs arbitration in written contracts involving interstate commerce and authorizes enforcement of arbitration clauses unless grounds exist in law or equity for t...

Excerpt: ...hat Mr. Perry has requested that the invoice be kept confidential. However, no evidence has been provided by Mr. Perry or the settlement administrator. There is no evidence supporting the assertion that this is proprietary information. Additionally, this information has already been made public. In connection with the motion for preliminary approval, a summary of costs was provided (this document was attached to Alan Vasquez's declaration). It in...

Excerpt: ...the owners and property managers of the mobile home park where plaintiff resides, from enforcing liens based upon fines levied against Plaintiff for alleged construction on his space in violation of park rules and city ordinances. Essentially, Plaintiff claimed that he had a medical need to enclose his car port and that the park's actions constituted illegal disability discrimination/harassment. On 02/14/2013, Plaintiff filed his First Amended Co...