Excerpt: ...this to her atten tion she told him to continue wearing the dentures to encourage his gums to recede so that the dentures would fit better. That did not work, according to Huerta, and he was left without teeth, essentially, and Defendant refused to fix the problem with thes e new dentures. (Complaint ¶¶ 10 -12, 22- 26.) These allegations are insufficient to support a negligent infliction cause of action. To withstand a demurrer the complaint...

Excerpt: ...ays leave to amend. Page 8 of 13 The Court declines to consider the demurrer on the 3rd cause of action, which is not alleged against moving cross - defendant. Factual / Procedural Context On November 20, 2023, Plaintiff Assef Sarage (“Assef”) initiated this actio n by filing the Complaint against defendants Evolution Mechanical, Inc. (“Evolution Mechanical”), Evolution Limo Service LLC (“Evolution Limo”) and Dennis M. Murray, Jr. (�...

Excerpt: ...o allege f acts sufficient to properly allege that either Mr. Aguirre or Mr. Guzman were managing agents who could be held personally liable. 7th Cause of Action for Sexual Harassment (against all moving Defendants and 9th Cause of Action for Gender Based Harassment (against all moving Defendants): To establish a prima facie case of harassment under the FEHA, Plaintiff must demonstrate that (1) she suffered unwelcome harassment based on a protect...

Excerpt: ...intiff could have pursued a lawsuit at any point he felt his complaints went unanswered and nothing is pled that Defendants thwarted plaintiff from proceeding forward. In addition, Plaintiff's claim continues to be based on a non -specific narrative that, at best, Defe ndants purportedly did not report a claim to an insurance company. Alleged negligence (not reporting a claim to an insurance agency) is not tantamount to intentional misconduct. T...

Excerpt: ...d John Min ella, which would be added to the latter's existing account and would make payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non -payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint. After the court sustained in part Defendants' demur...

Excerpt: ...d a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally, a plaintiff...

Excerpt: ...esert San ds Unified School District (employee), Desert Storm Basketball (owner/operator), and Storm Basketball League (employee). Plaintiff tried out for the Desert Storm club team at Cathedral City High School, when Towner began grooming her at age 16. District administrators saw the close relationship between Plaintiff and Towner, and did nothing. District was aware that Towner had engaged in prior grooming type behavior, but did nothing. Pla...

Excerpt: ...l. If 1s t Amended Complaint is not filed, Defendant is granted 20 days to file their answer from date of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is a bed bug case in which Plaintiff Linda Martini alleges 9 causes of action for 1) breach of warranty of habitability (violation of Civ. Code §1941.1), 2) breach of habitability (violation of H & S Code §17920.3), 3) negligence/premises liability, 4)...

Excerpt: ...of action. (Cal. Code Civ. Pro. §430.10(c) and (e).) For the purposes of a demurrer, the allegations in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, a demurrer does not admit conten tions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) A plaintiff must plead only ultimate rather than evidentiary facts. (Doe v. Ci...

Excerpt: ...expended, determine d by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Ibid.) The parties agree Plaintiff is the prevailing party. At issue in this motion is the reasonableness of Plaintiff 's request. The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial judge. (Bruckman v. Parliament Escrow Co. (1989) 190 Cal.App.3d ...

Excerpt: ... (1999) 21 Cal.4th 543, 552; Las Palmas Assoc. v. Las Palmas Center Assoc. (1991) 235 Cal.App.3d 1220, 1238.) As the Las Palmas court put it, “no public policy is served by permitting a party who never intended to fulfill his obligations to fraudulently induce anothe r to enter into an agreement.” (Las Palmas Assoc., supra, 235 Cal.App.3d at 1238.) In Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828, 843 (review granted), the C...

Excerpt: ... Claudio fil ed his moving papers arguing the primary issue in this matter is ownership of BPI. Claudio seeks a PI restraining Pablo from: (1) conducting or attempting to conduct any “Special Meeting of the Board of Directors” for BPI, originally noticed/scheduled for March 7, 2024 at 12:00 P.M.; (2) noticing, attempting to conduct or conducting any meeting of the Board of Directors of BPI, where one or more persons participating as “Direc...

Excerpt: ...o, with a completion date of 7/31/20. Plaintiffs allege they were targeted by Wanhoo as first -time buyers, and were promised a newly built home, which was not delivered. Plaintiffs allege that Wanhoo intended to defraud Plaintiffs of their initial deposit and had n o intention to perform under the Agreement. On 6/27/22, Wanhoo unilaterally terminated the Agreement erroneously claiming that Plaintiffs “failed to deposit into escrow written ver...

Excerpt: ...covery an d to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff filed the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants as a...

Excerpt: ...erning fraudu lent concealment, for reason Plaintiffs have failed to allege a fraud claim. The motion is granted in part to strike that portion of the FAC concerning Plaintiffs' prayer for punitive as referenced in Kia's motion to strike as to Items # 4 on pg. 3, ln. 27. Defendant Kia is ordered to file an answer to the FAC within 20 days of the order. 2. CVRI2304319 LOY VS KIA AMERICA INC DEMURRER BY KIA AMERICA INC Tentative Ruling: The demurr...

Excerpt: ...); Slayton v. Sup. Ct. (2006) 146 Cal.App.4th 55, 58, fn. 2; Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29.) For purposes of both motions, convenience to the parties and efficiency, the factual and procedural background of both motions, along with the legal a uthorities and analysis, are addressed in this Tentative Ruling. Factual and procedural background: On 6/9/22, Plaintiffs Antoinette Moreno and Gabriele Moreno filed a judicial f...

Excerpt: ...utism Spectru m Disorder (ASD). They were taught by Sunshine special education teachers Brenda Delia Chavez and Griselda Revollo, and their aides Odette Dawn Cilluffo and Vanessa Chavez. Plaintiffs allege the teachers and aides physically and psychologically abused Plai ntiffs in the form of corporal punishment and behavioral coercion between 2019 and 2022. Plaintiffs allege the abuse was openly discussed amongst the teachers' and aides' colleagu...

Excerpt: ... discover y and to have facts deemed admitted. This is an action for motor vehicle negligence. Plaintiff alleges that, on April 14, 2021, Defendant Maria De Jesus Rios negligently operated a motor vehicle which caused injuries to Plaintiff's employee Troy Scutella. On April 03, 2023, Plaintiff filed the Complaint in this action, naming Defendants Maria De Jesus Rios and Marcelo A. Rios. Plaintiff alleges it is seeking damages against Defendants ...

Excerpt: ...��cant delay, other parties to the action may be prejudiced by the withdrawal. Accordingly, more information is needed to determine whether the breakdown of the attorneyclient relationship is irreconcilable. The request for in camera hearing is granted. 2. CVRI2000489 CORONA COMMUNITY VILLAS INC vs CORONA POST ACUTE LLC Motion to Compel Tentative Ruling: Plaintiff Corona Community Villas (“Plaintiff” or “CCV”) is the successor -in -intere...

Excerpt: ... of absence. O n September 21, 2021 and December 22, 2021, Plaintiff provided medical notes regarding his expected return to work with the need to be on “light duty” for one month. Plaintiff alleges he was on approved leave, but on January 10, 2022, Defendant sent Plain tiff a letter stating his medical leave had expired and he was being terminated. On October 4, 2022, Plaintiff filed his complaint alleging the following causes of action: 1)...

Excerpt: ...to detective a nd in April 2016 she became the first female in the Inland Empire to become a public bomb safety technician. Plaintiff alleges she routinely received excellent reviews, but was subject to discrimination, harassment and retaliation while on TSU. She was d enied a properly fitted bomb suit, denied training opportunities provided to male members of the team, subjected to sexually charged comments, her desk was vandalized, she was ex...

Excerpt: ...(“Defendant”). (Compl. ¶ 6 –7, 12; Kaneko Decl. ¶ 5, Ex. 4.) The Sales Contract included an “Arbitration Provision” which provides, in relevant part as follows: 1. Either you or we may choose to have any dispute between us decided by arbitration and not in court or by jury trial. . . . Any claim or dispute, whether in contract, tort, statute or otherwise . . . between you and us . . . which arises out of or relates to your credit appl...

Excerpt: ... this, Defendants alleged ly failed to properly compile, account for, and pay Plaintiff for the hours she worked. The complaint asserts the following causes of action: (1) failure to pay minimum wages, (2) failure to pay overtime wages, (3) failure to timely pay wages upon termination, (4) failure to provide meal periods, (5) failure to provide rest periods, (6) failure to indemnify for business expenses, and (7) unfair competition. Defendants co...

Excerpt: ...ation: (1) the first and second causes of action based on the report to the California Department of Justice; and (2) the first and second causes of action based on the entry on the County's JIMS website. As to the first issue, Defendant County met its burden of producing evidence demonstrating a complete defense based on the absolute and qualified privilege under Civil Code section 47, subdivisions (b) and (c). Once the burden shifted, Plain...

Excerpt: ...hat the award to which the applicant may be entitled may be rendered ineffectual without provisional relief.” A provisional remedy includes an injunction. (Id. at §1281.8(a)(3).) In order to obtain an injunction, the court must consider the likelihood of success and whether the moving party will suffer irreparable harm if the injunction is not issued. (Jay Baharat Developers, Inc. v. Minidis (2008) 167 Cal.App.4th 437, 443.) The applicant must...