Excerpt: ...t is inconsistent with the proposed pleading itself, attached as Exhibit A. For example, the motion states that the amended complaint includes a cause of action for “intentional interference with prospective economic relations,” and a cause of action for “negligent intentional interference with prospective economic relations”” (Motion p. 2) but Exhibit A does not include those causes of action, although it does include several causes of...

Excerpt: ... first and fourth causes of action, without leave to amend. The TAC contains no specific factual allegations concerning the individual City employees and fails to plead facts to state a cause of action for each of these claims. ANALYSIS 1. First Cause of Action: Negligence i. Liability of City Vicarious liability: TAC fails to state a cause of action for Negligence based on vicarious liability (respondeat superior). The TAC fails to allege a clai...

Excerpt: ...nts demur to the fifth, sixth, and seventh causes of action, respectively for (1) slander of title; (2) fraud/deceit; and (3) negligence. This is a pre‐ foreclosure action by a homeowner to challenge the validity of the foreclosing second deed of trust on the property. Plaintiff alleges that the second deed of trust was executed without her knowledge and consent and should never have been recorded against her property. On December 06, 2021, aft...

Excerpt: ...e. A trial court's authority to disqualify an attorney derives from its inherent power to “control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (Code Civ. Proc., § 128(a)(5); see People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee); see al...

Excerpt: ...thout having served a valid objection … fails to appear for examination, or to proceed with it, or to produce for inspection any document …, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document….” (Code Civ. Proc., §2025.450(a).) Proper service of a notice of deposition is effective to require the attendance of parties as well as compelling...

Excerpt: ...g that “unless an undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for…(a)Money or the payment of money….” Plaintiff argues he falls into a different category because the award here constitutes an award of costs (which include attorney's fees) and enforcement of a cost award only is stayed without the necessity of an undertaking. (See Code ...

Excerpt: ...elephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” Here, Defendant neglected their duty to meet and confer as required. The likelihood of a resolution is irrelevant. The California Legislature determined that the meet and confer process was sufficiently important that it be codified into law...

Excerpt: ...nerally “accrues” on the date of injury. (Fox v. Ethicon Endo‐Surgery (2005) 35 Cal.4th 797, 807‐808, fn 2.) The “discovery rule” is an exception to the general rule that an action accrues when appreciable harm occurs. The accrual is postponed “until the plaintiff discovers, or has reason to discover, the cause of action.” (Id. at 807.) A plaintiff has reason to know a potential claim exists when he or she has reason to suspect a ...

Excerpt: ...er to effect a voluntary corporate dissolution of Green Relief Inc. under Corporations Code section 1900 et seq. “The anti‐SLAPP statute, section 425.16, allows a court to strike any cause of action that arises from the defendant's exercise of his or her constitutionally protected rights of free speech or petition for redress of grievances.” (Flatley v. Mauro (2006) 39 Cal.4th 299, 311‐312 (“Flatley”).) Because not all speech or petit...

Excerpt: ... 560 S. Indian Canyon Drive (“subject property”). They agreed to split all costs associated with the property, including the 20% down payment that was due at purchase. While in escrow, Baskaron asked if the property could be put in the name of defendant St. Paul Trading, LLC (St. Paul”) temporarily for tax purposes. Plaintiff alleges that he and John agreed to this request. Two years later, Plaintiff alleges he discovered that Baskaron had ...

Excerpt: ...videntiary 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 need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A demurrer on the ground of uncertainty will only be sustained where a defendant...

Excerpt: ...f action was based on the care provided to the plaintiff, while the other cause of action was based on the maintenance of the machine—in other words, the causes of action were distinguishable not because negligence and medical malpractice are different theories, but because they were based on different wrongful acts. Thus, the question is not whether “medical malpractice” and “general negligence” are one or two theories, but whether the...

Excerpt: ...d below the standard of care or was a substantial factor in causing the injuries allegedly suffered by plaintiffs' decedent, Timothy Olvaney. There are triable issues regarding the following: 1. Whether there was negligence on the part Dr. Lopez; 2. Whether the negligence of Dr. Lopez was a substantial factor in causing the death of the decedent. The competing declarations of Dr. Lo and Dr. Amin are sufficiently detailed regarding the condition o...

Excerpt: ... X 2 + $60 filing fee), which amount the court finds reasonable. A portion of the contents in this ruling also applies also to Tentative Rulings Nos. 3 and 4 below. The court exercises its discretion to consider the late filed Opposition and Reply as permitted by Kapitanski v. Von's Grocery Store (1983) 146 Cal. App. 3d 29, 32. It is noted that the Reply addresses the contentions made in the Opposition. Factual and procedural background: Plaintif...

Excerpt: ...OG, a public entity, demurs to the entire Second Amended Complaint (“SAC”) as well as to each of the causes of action allege against it. This is an action to recover damages resulting from an abandoned solar panel installation. The original Complaint was filed on October 27, 2020, and thereafter amended twice under stipulations and orders granting leave to amend. The operative SAC was filed on August 17, 2021, alleging a total of 12 causes of...

Excerpt: ... provided a work of improvement for Defendants at Vista Promenade Apartments in Temecula regarding water damage. Defendant has not paid the outstanding $653,330.00. Plaintiff filed their action on 8/19/19. After stipulating for leave to amend, on 10/25/21, Plaintiff filed the First Amended Complaint (FAC) for: (1) breach of contract; (2) enforcement of bond for release of mechanic's lien; and (3) promissory estoppel. Trial is currently set for 6/...

Excerpt: ...t them for equitable comparative contribution, or partial or comparative indemnity. This case is a multi‐party lawsuit which was initiated by Plaintiffs Shawna Cardin and Stephen Cardin (“Plaintiffs”) to recover damages for personal injuries sustained by Shawna Cardin and loss of consortium as to her spouse Stephen Cardin. On April 12, 2021, Plaintiffs filed their Complaint naming Defendant Tyler Mall Limited Partnership DBA Galleria at Tyl...

Excerpt: ...nst Defendant himself. Plaintiff alleges Defendant acquired title by failing to disclose material facts at the time of purchase, and by taking advantage of Plaintiff based on her age and vulnerability. Plaintiff claims legal interest in the property because all of Plaintiff's monies were used to purchase the property. Plaintiff asserts a cause of action for partition and quiet title. Thus, if Plaintiff were to prevail on her claims, Defendant's c...

Excerpt: ...to April 4, 2022, 8:30 a.m. in this department. Guidelines for a motion for preliminary approval of class action settlement is contained in the court 9/22/20 class action case management order (CMO). It appears some of the areas listed in the CMO still need attention. Complete responses should be provided as follows: section H.3.a.ii(b) requires an explanation of how the estimate of total amount of damages or penalties or other relief that the cl...

Excerpt: ...thstand 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 pla...

Excerpt: ...specifically for expert Moshe Arditi, should not have been included. With that revision, the amount of costs sought are $2605, which include $495 in expert witness fees relating to Razo's defense. Plaintiffs move to strike all costs Page 3 of 4 on the basis that any cost award against the Plaintiffs is unjust. Plaintiffs also argue that the costs sought, particularly those for expert fees and for motion‐filing fees associated with unsuccessful ...

Excerpt: ...n claims that his performance was excused based on Plaintiff's breach of its duty to disclose under Sumitomo Bank of Calif. v. Iwasaki (1968) 70 Cal.2d 81, 84, Plaintiff has established that Rubin expressly waived this defense when he executed the Guaranty. (Evid. Packet, Dec.Lavian, ¶ 4, Ex. “C”, Guaranty § 2(h).) The Court previously found that Rubin (and Lander) had raised a triable issue of material fact as to whether Plaintiff owed a d...

Excerpt: ...Code of Civil Procedure sections 128(a), 404.1 and 404.5 while Plaintiff moves to bifurcate and coordinate proceedings; the court is not aware of other proceedings beyond an appeal from the aforementioned judgment. This motion was originally set for hearing on January 14, 2022. On its own motion the Court continued the hearing because it appeared that the motion had not been properly served. The Court ordered Plaintiff to re‐serve the motion an...

Excerpt: ...nt's medical exams of Plaintiffs, Plaintiffs' experts Dr, Gravori and Dr. Malekmehr put forth new claims of thoracic outlet syndrome.1 Pertinent to this Motion, Plaintiff, Sheena Holguin's diagnosis was made 11/11/21, the one and only time Dr. Gravori examined Sheena. Defendants contend this diagnosis was only put forward days before the expert deposition on 12/9/21. Defendants further contend that the 12/9/21 deposition, Dr. Gravori also put for...

Excerpt: ...e constitution in connection with an issue of public interest. (CCP §425.16(e); Equilon Enterprises v. Consumer Cause (2002) 29 Cal.4th 53, 67.) The act which forms the basis for the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76‐78.) A defendant may meet this burden by showing that the act which forms the basis for the plainti...

Excerpt: ... his employer. As to this cause of action, defendants have not demonstrated that it arises out of protected activity. Plaintiff responded to the motion by filing a request for dismissal of anti‐SLAPP and all future filings by defendants. He presented no evidence or argument in opposition to the motion. The Court grants the motion as to causes of action one, two, and four. The court awards sanctions in the amount of $3,070 for reasonable attorne...

Excerpt: ...o show that defendant acted in a manner described in California Civil Code section 3294—that defendant intended to cause injury to the plaintiffs or acted with willful disregard for the rights or safety of others. As set forth in Taylor v. Superior Court (1979) 24 Cal. 3d 890, 895‐896, plaintiff must allege facts showing that defendant was award of the probable dangerous consequences of his actions and willfully and deliberately failed to avo...

Excerpt: ...o the remaining objections. Factual / Procedural Context: This is a wrongful foreclosure action. Plaintiffs Albert Goff and Diane Goff (“Plaintiffs”) allege they obtained a mortgage loan on September 5, 2006 in the amount of $416,150 that was secured by a deed of trust (“DOT”) on property located at 1108 Carter Lane in Corona. (First Amended Complaint (“FAC”), ¶¶ 5, 6.) The DOT was subsequently assigned to defendant Deutsche Bank Na...

Excerpt: ...hat the allegations in the Complaint are sufficient to support a request for punitive damages. The court may, upon a motion made pursuant to CCP § 435: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) Motions to strike can be used to attack the entire ...

Excerpt: ...t compel arbitration unless it finds: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (Code Civ. Proc., § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. Sta...

Excerpt: ...s statements are not admitted here for the truth of those statements regarding whether plaintiff caused the computer crash, but Angulo's reliance on such statements. Plaintiff's Request for Judicial Notice: Denied. As to Nos. 1 and 2, the requested documents are not material to the court's ruling. As to the court's ruling on the prior summary judgment brought by the County, that motion concerned a cross‐ complaint brought by Angulo for the Coun...

Excerpt: ...wn a percentage of the real property. There are complaints filed in case number CVRI 2103844 and of course this matter. The stipulation of the parties to consolidate the cases has been approved. Legal authorities and analysis: The right to a partition is determined at trial. (CCP § 872.710(a).) “No partition can be had until the interests of all the parties have been ascertained and settled by a trial.” (Bacon v. Wahrhaftig (1950) 97 Cal.App...

Excerpt: ...Luckey alleges he was employed as an Office Assistant II by Defendant County of Riverside from 1/13/16 through 6/1/17. Plaintiff alleges he suffered from discriminatory treatment because he was homosexual and Defendant failed to accommodate and retaliated against him. Plaintiff seeks recovery of damages including damages attributed to past and continuing mental and emotional distress. By this Motion, Defendant moves to compel Plaintiff to attend ...

Excerpt: ...neth Bordewick aka Gerald Kenneth Bordewick, Robert Morrison, and 1801 Boulevard Holdings LLC from violating the HOA's restrictions and rules in the Governing Documents related to parking within the Association's gated walls. HOA has repeatedly demanded that Defendants comply with the Governing Documents, but Defendants have refused, causing a dangerous nuisance that prohibits emergency access within the Pintura community. The HOA Amended and Res...

Excerpt: ...t Collection Practices Act against various Defendants, including Defendants John Pugh. Plaintiff alleges that on December 9, 2008, Defendant John Pugh commenced a civil action against Plaintiff by filing a complaint in Riverside County Superior Court, case number RIC514539. The Complaint alleged a contract entered into on or about April 13, 2004 between Wells Fargo Bank and Larsen whereby Larsen received a line of credit. Plaintiff alleges that h...

Excerpt: ...ons of Hyrosen's motion. The Court finds that the paragraphs subject to the motion are based on protected activity and are privileged under Civil Code §47. The Court finds that Hyrosen is a prevailing party, and awards attorney fees and costs in the amount of $10,060. On Plaintiffs/Cross‐Defendant Northgate's motion, the Court grants the motion in the same manner as for Hyrosen, except for ¶23, which did not apply to Northgate. The Court find...

Excerpt: ...000, the amount of fees, $165,637.50, and costs, $3,843.22, requested is inherently unreasonable. The Court disagrees and awards all requested attorneys' fees and costs. A party who qualifies for a fee award should recover for all hours reasonably spent including those spent on fee related matters unless special circumstances would render an award unjust. (Serrano v. Unruh (1982) 32 Cal.3d 621, 633‐634.) A verified fee bill is prima facie evide...

Excerpt: ...t seek injunctive relief because there is an adequate remedy at law. To withstand 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 Page 6 of 6 eventually form part of the plaintiff's proof need not be alleged. (C.A. v....

Excerpt: ...formed corporate Plaintiff Kelker Pharma, Inc. (Kelker) to produce and distribute dietary supplements. In 2016, Tariq, Kahn, Qurashi and Abdullah Kelker, who eventually transferred his shares to Tariq, executed a partnership agreement (“Agreement”) indicating the shares of Kelker owned by each partner and other rights and obligations of partnership, including involuntary separation. Kelker was not profitable through 2017, so Tariq loaned the ...

Excerpt: ...(“Song Beverly Act”) does not apply to used vehicles sold by a third‐party used car dealer. Defendant further argues that the 6th cause of action fails because Plaintiff cannot establish the elements of fraud and/or the economic loss rule bars her claim. After the motion was filed, plaintiff dismissed the 5th and 6th causes of action without prejudice. Plaintiff opposes the motion as to the 1st through 4th causes of action, arguing that the...

Excerpt: ...e §1689(b)(1)‐ (2)). On 5/13/15, Plaintiff's predecessor in interest, Menifee Lakes Plaza, LLC, entered into a written lease for Defendant. On 4/6/20, Defendant breached the lease by failing to pay the rent. On 8/11/21, Defendant filed its Answer and Affirmative Defenses to Unverified Complaint for Damages. Additionally, it filed a cross‐complaint against Plaintiff for: (1) breach of written contract—force majeure; (2) breach of written co...

Excerpt: ...re is a complete defense to that cause of action. (Code Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849.) If the plaintiff does not m...

Excerpt: ...th Lisa Cruz's Chevy Silverado. Plaintiff was Cruz's insurer. On June 7, 2021, Plaintiff served Request for Admissions Set One on Defendant through counsel. Counsel agreed to various extensions and Defendant's responses were due December 10, 2021. Defendant served unverified responses on December 8, 2021. As of the filing of the instant motion, Plaintiff had not received any verifications. Plaintiff now brings the instant motion to deem the truth...

Excerpt: ...t show that his or her lack of actual notice in time to defend was not caused by inexcusable neglect or avoidance of service. Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1077‐1078. The notice of motion must be accompanied by a declaration showing (a) defendant's lack of notice of the action in time to defend; and (b) that such lack “was not caused by his or her avoidance of service or inexcusable neglect.” Code Civ. Proc. §473.5(b); Anasto...

Excerpt: ...t grants the motion to compel further responses to request for admission nos. 39‐45, but denies as to nos. 37, 38 and 46. The Court denies each party's request for sanctions. Factual / Procedural Context: On December 26, 2017, plaintiffs Donald J. Deever and Connie M. Deever purchased a new 2017 Ford F‐150 that was manufactured and distributed by defendant Ford Motor Company. Plaintiffs allege the subject vehicle came with serious defects and...

Excerpt: ...6/19, asserts: (1) violation of Song‐Beverly Act (express warranty); (2) violation of Song Beverly Act (implied warranty); and (3) violation of Song‐Beverly (Civil Code §1793.2.) Defendant demurred and moved to strike the complaint, which the court denied on 1/14/21. Defendant filed an answer on 1/19/21. Trial is set for 3/11/22. Defendant moves to compel arbitration based on the arbitration clause in the retail installment sales contract (R...

Excerpt: ...eges she is the cousin and heir to decedent Anna Irene Kincaid (“Anna”), who died on 6/17/19 at the age of 85. Plaintiff alleges that Anna's neighbors, defendants Terry Baker and Victoria Baker (the “Bakers” or “Defendants”) unduly influenced Anna while she was suffering from terminal breast cancer and while she was in hospice. Plaintiff alleges the Bakers had Anna transfer title to her home in Sun City (“Sun City property”), subs...

Excerpt: ...ermits to (1) all remaining petitioners who (2) held valid short‐term rental‐permits as of December 31, 2020, but (3) only for the specific properties for which permits had been issued for year 2020. Subsequent proceedings revealed that approximately 25‐30 residences in Rancho Mirage qualified for permits under the court's modified injunction. This case involved various protracted proceedings for most of the first half of 2021. By the summe...

Excerpt: ... “GM”). McNamara alleges that the subject vehicle has unrepairable defects related to the transmission. GM allegedly knew about the transmission defect before McNamara purchased the subject vehicle, yet failed to disclose the defect. McNamara alleges the vehicle was presented to GM's authorized repair facility multiple times, but GM was unable to repair the defects. The complaint was filed on 9/21/21 alleges the following causes of action: 1....

Excerpt: ... a wrongful termination claim based on allegations that Defendant retaliated against her for complaining about wage and hour violations. Here, there is no same cause of action as the theories are different. This case deals with the failure to properly pay wages while the other deals with termination. There is no res judicata issues. Defendant then argues exclusive concurrent jurisdiction. For exclusive concurrent jurisdiction, as stated in Plant ...

Excerpt: ...d and Getty Shalikar in the amount of $55,596.00. (CCP §§ 685.010, et. seq.; and 1033.5.) Plaintiffs assert that they were the prevailing parties at trial and are entitled to attorneys' fees and costs under contract, statute, and law. Mohammed opposed, and on 12/8/21, this Court continued the motion to 1/21/22 to allow Mohammad to clarify his specific challenges to the billing entries. Mohammad filed his Supplemental Brief in Opposition to the ...

Excerpt: ...tively Andrew and Christian are referenced as “plaintiffs”), allege that on 7/2/19, Andrew signed a Short Form Deed of Trust (“DOT”) in the amount of $225,000.00 in favor of defendant Relat Holdings Limited, Inc. (“Relat”). Plaintiffs allege that Relat is a hard money lender and has a secured interest in the property located at 6935 Palomar Way in Riverside (“subject property”). Plaintiffs allege that defendant Commercial Loan, LL...

Excerpt: ... Analysis A party may move for an order to compel a further response if it deems the responding party's objections are without merit or too general. “Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of showing good cause simply by a fact‐specific showing of relevance.” (Kirkland v. Superior Court (2002) 95 Cal. App. 4th 92, 98.) Motion to Compel Further Response to Form Interr...

Excerpt: ...tion made available to Seelig, within 20 days. However, as noted below, the Court finds that the fact that some information was shared with Seelig does not waive privilege as to all Notes from all meetings. Any information that was not disclosed to Seelig is protected and need not be disclosed. The Court denies the request for sanctions. Factual / Procedural Context: Underlying Facts Plaintiff Corona Community Villas (“Plaintiff” or “CCV”...

Excerpt: ...n award unjust, an attorney fee award should ordinarily include compensation for all of the hours reasonably spent, including those relating solely to the fee.” (Ibid.) However, “[a] fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.” (Serrano v. Unruh (1982) 32 Cal.3d 621, 635.) Importantly, the matter of reasonableness of a party's attorney fees i...

Excerpt: ...tains the demurrer as to the first cause of action, negligence, with 20 days leave to amend. The Court sustains the demurrer without leave to amend as to the Negligent Hiring and Supervision cause of action. Factual / Procedural Context: This is a personal injury action brought by plaintiff Wilson Randall (“plaintiff” or “Randall”) against defendant State of California, by and through the California Highway Patrol (“defendant” or “S...

Excerpt: ...accident, January 5, 2019, Plaintiff's right arm became entangled in hundreds of pounds of damp bedsheets that were still spinning with the drum of the L‐Tron washer/extractor (Plaintiff claims that sheets were rotating outside of the drum). (Jensen UMF, ¶ 26; Softrol UMF, ¶ 24.) A co‐worker pushed and held down the emergency stop button to stop the drum from spinning; however, Plaintiff's coworkers were unable to extract him from the tangl...

Excerpt: ...ate. As of the preparation of this tentative ruling, the court received the brief from plaintiffs and cross‐defendants but not from defendant and crosscomplainant Imperial Irrigation District. The original tentative ruling is repeated below for reference. The FAC alleges causes of action for declaratory relief, writ of mandate under CCP § 1085 and breach of contract. Although the Unions frame the declaratory relief claim and motion for summary...

Excerpt: ...ult of a fire at a neighboring business, Bongo Johnny's owned by Wirt. Wirt's negligence allegedly caused the fire. AAIC and Specialty are alleged to be Plaintiff's insurer(s), or Specialty is alleged to be an agent or alter ego of insurer AAIC. The operative complaint alleges that: • Defendants AAIC and Specialty intentionally deceived Plaintiff as to the amount of coverage available or as to the amount of coverage Plaintiff was entitled to re...

Excerpt: ...ave to amend as to each of the individual defendants. Factual and procedural background: This is an employment discrimination case. Plaintiff Sara Zarei alleges she was employed as a resident physician at Riverside Community Hospital (the “Hospital”) in the neurology department from 7/1/19 to 3/19/21, when she was terminated from her employment. Plaintiff alleges the defendants discriminated against her based on age, sex, national original, r...

Excerpt: ...use 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 need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims.” (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549‐550.) A demurrer on the ground of uncertainty will only be sustai...

Excerpt: ...can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Plaintiffs have not met their burden ‐ Motion for discovery of financial condition ‐ Denied Civil Code §3295(c) provides that “[n]o pretrial discovery by the plaintiff shall be permitted with respect to evidence” of the defendant's fina...

Excerpt: ...ion with their Motion for Relief from Waiver, they are ordered to provide responses at this time. If Plaintiff challenges any of the responses, he may file a new motion to compel after a good faith effort to meet and confer. As to the Corporate Defendants, the RFPs seek privacy‐protected documents and are not narrowly tailored. The Corporate Defendants are ordered to provide further responses to the RFPs, but limited to loan documents, loan agr...

Excerpt: ...rt finds reasonable. Factual and Procedural background: Plaintiff Gladys Guzman alleges she is a 58‐ year old Asian woman who was employed as a District Manager by defendant Zale Delaware Inc. (“Zales”) for over 20 years when she was terminated from her employment on 7/21/20. Plaintiff alleges that starting in 2017, defendants began promoting a new target demographic for its stores and sought to layoff older employees. Plaintiff alleges she...

Excerpt: ...order, or other Page 4 of 4 proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In ruling on motions brought under the discretionary provision of section 473(b), the general policy favors granting relief and a trial on the merits. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) When relief is sought promptly and there is no prejudice to the other side, even a weak showing will su...

Excerpt: ...ies are to file their response to the Complaint within 20 days of the date of this order. The Case Management Conference is continued to 3/17/22 at 8:30 a.m., Department 5. Factual and procedural background: Plaintiff Sara Zarei alleges she was employed as a physician at Riverside Community Hospital owned and operated by defendants, including moving defendants from 7/1/19 to 3/19/21, when she was terminated from her employment. Plaintiff filed he...

Excerpt: ...iff, whose left hand had been amputated in 2015, alleges that Defendant discriminated against him based upon his disability and retaliated against him when he sought reasonable accommodation. (Complaint, ¶¶ 12‐21.) The Complaint sets forth eight causes of action: (1) disability discrimination; (2) failure to engage in interactive process; (3) failure to accommodate; (4) retaliation; (5) failure to prevent discrimination and retaliation; (6) n...

Excerpt: ...Riverside and numerous named employees of the Sheriff's Department over his confinement at the Larson Justice Center in Indio. The Complaint was filed on 7/6/20, and on 2/4/21, the summons was issued. On 5/13/21, Plaintiff filed a Motion Requesting Order Granting Default Judgment against Defendants. Defendants answered on 5/25/21 and on 6/4/21, they filed a demurrer. The Motion Requesting Order Granting Default Judgment against Defendants was den...

Excerpt: ... law enforcement agency, [2] to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance … if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute….” Cal. Lab. Code § 1102.5(b). Columbia Riverside states that plaintiff fails to show that she engaged in protected activity because the c...

Excerpt: ...g that “unless an Page 4 of 5 undertaking is given, the perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order is for…(a)Money or the payment of money….” Plaintiff argues he falls into a different category because the award here constitutes an award of costs (which include attorney's fees) and enforcement of a cost award only is stayed without the necessity of an undertaking...

Excerpt: ... action against Demurring Defendant, Ricky Francis, an individual, and specifically alleges Ricky Francis caused the motor vehicle accident on February 20, 2019. “[D]emurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. [Citation.]” (Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 14 Cal.App.5th 841, 848, fn. 3.) “Even as against a special demu...

Excerpt: ... Lender Mechanics Bank and Hudson Insurance Company alleging causes of action for: 1) Violations of Song‐ Beverly Consumer Warranty Act, Civil Code Section 1790, et seq.; 2.) Violations of Consumer Legal Remedies Act at Civil Code Section 1770, et seq.; 3.) Deceit; 4.) Negligent Misrepresentation; 5.) Violation of Unfair Competition Law, B& P Code Sections 17200, et seq.; and 6.) Bond Liability. Plaintiffs filed Doe amendments including naming ...

Excerpt: ... pursuant to CCP § 36. By reason of General Order No. 2022‐9, jury trials have been suspended through 1/28/22. At the hearing of 1/5/22, the parties and court discussed the General Order. Plaintiffs' counsel indicated that Plaintiffs would not waive any time. It was also discussed at the hearing that to remain within the statutory time, that it appeared, since the Court does trial call on Fridays, that the Friday, following the ending of the s...

Excerpt: ... action fail to allege that 3M's Corona facility caused Plaintiffs' injuries. Thus, the demurrer primarily turns on whether Plaintiffs have sufficiently alleged causation. “[A]s a general rule, the imposition of liability depends upon a showing by the plaintiff that his or her injuries were caused by the act of the defendant or by an instrumentality under the defendant's control.” (Sindell v. Abbott Laboratories (1980) 26 Cal. 3d 588, 597.) H...

Excerpt: ...tion shall be preserved for appellate review.” Only the Defendant filed evidentiary objections. The following are the objections deemed relevant to ruling on this motion, which the court ruled on as follows: Declaration of Jay Jamali: 1: SUSTAINED Evidence Code section 801, subdivision (b), states that a court must determine whether the matter that the expert relies on is of a type that an expert reasonably can rely on “in forming an opinion ...

Excerpt: ...rified responses were served (CCP § 2030.300(c)), must be accompanied by a separate statement (CRC 3.1325(c)) and a meet and confer declaration (CCP §2030.300(b)(1)). Upon a timely motion to compel further responses, the responding party has the burden to justify any objection or failure to fully respond to the interrogatory or request. (Fairmont Ins. Co. v. Superior Court (Stendell) (2000) 22 Cal.4th 245, 255.) The factors to determine whether...

Excerpt: ...and its prayer plaintiffs' requests for certain damages prohibited by Code of Civil Procedure (CCP) section 377.34. The court's tentative ruling is to GRANT in part and DENY in part the motion to strike paragraphs 14‐16 and DENY the motion to strike pursuant to section 377.34. Melvin Walker is unfortunately deceased. Shortly before his death in 2020, Walker resigned his position with defendant as a Junior ROTC instructor due to allegedly enduri...

Excerpt: ...g the award. Respondent has failed to establish the illegality of the contract. The licensing statutes in the Health and Safety Code (Sections 1569.11 and 1569.19) set forth the obligations of the licensee in transferring the license for a residential care facility to the buyer. The only obligation by the prospective buyer is stated in Health and Safety Code Section 1569.191(b). Respondent has failed to establish that the proposed ownership struc...

Excerpt: ... NEMOURS AND COMPANY, THE CHEMOURS COMPANY Tentative Ruling: ANY REQUEST FOR ORAL ARGUMENT SHALL BE HEARD AT 9AM The Motion is GRANTED. Lack of Minimum Contacts Specially Appearing Defendants argue that the Court lacks personal jurisdiction over them. In general, a court may exercise personal jurisdiction over a defendant who is physically present in the forum state when served, who is domiciled in the forum state, who has made a general appearan...

Excerpt: ...§ 2924 et seq., as reflected in the Trustee's Deed Upon Sale; and (2) Plaintiff's remedy in the Unlimited Action is limited to money damages under Cal. Civ. Code § 2924.12. Breckenridge argues that if the court is inclined to grant relief, it should be conditioned upon Mora's deposit of holdover damages calculated at $43.67, the reasonable rental rate of the Property, as well upon future monthly deposits. In unlawful detainer proceedings, ordin...

Excerpt: ...of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (C.C.P. §437c(p)(2); Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once such a showing has been made, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as to a defense to the cause of action. (A...

Excerpt: ... was 70 years old is not dispositive to the prima facie case, but rather goes towards pretext. The stray remark has nothing to do with the prima facie case, but once again goes to pretext. As for being replaced by a younger employee, this is a classic sign of a prima facie case. Defendant focuses on whether Plaintiff was qualified, which goes to both prima facie and a legitimate business reason. Defendant asserts Plaintiff did not meet expectatio...

Excerpt: ...on for summary judgment shall be granted when no triable issue of material fact exists or the issue is one of law and the action can be terminated in favor of the moving party without the necessity of trial. (CCP § 437c; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850). A defendant has met his or her burden under CCP §437c(p)(2) of showing a cause of action has no merit if that party has shown that one or more of the elements of th...

Excerpt: ... issue of material fact exists as to whether a reasonable jury could find his evidence to be clear and convincing proof of malice, fraud or oppression. Factual and procedural background: On August 22, 2017, around 6:30 p.m., Defendant Kiser, who was driving a Ford F250 owned by his employer Defendant Bigge, crossed over the center line onto the traffic traveling in the opposite direction and struck Plaintiff Powers who was on his motorcycle, alon...

Excerpt: ... it can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Plaintiffs have not met their burden ‐ Motion for discovery of financial condition ‐ Denied Civil Code §3295(c) provides that “[n]o pretrial discovery by the plaintiff shall be permitted with respect to evidence” of the defendant's ...

Excerpt: ...d that all allegations relating to punitive damages should be stricken. Code of Civil Procedure section 436, subdivision (a), provides that a court may “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike...

Excerpt: ...arty who filed the pleading that is subject to demurrer or the motion to strike for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike. (emphasis added). The motion is accompanied by the declaration of Attorney Wanja Guy who states counsel reached out to plaintiff's counsel via email to discuss the issues. Plaintiff's counsel was on her wedding/honeymoo...

Excerpt: ...his employment. Although an independent hearing officer made a recommendation in Petitioner's favor, under the MOU, the City Manager disregarded the recommendation and terminated Petitioner. Petitioner filed this writ in this Court, but on 10/1/21, the Court denied Petitioner's petition and entered judgment on 11/9/21. On 11/30/21, the City filed its memorandum of costs for $7,852.16. Petitioner moves to tax costs of $6,283 contending is reasonab...

Excerpt: ...order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” In ruling on motions brought under the discretionary provision of section 473(b), the general policy favors granting relief and a trial on the merits. (Elston v. City of Turlock (1985) 38 Cal.3d 227, 233.) When relief is sought promptly and there is no prejudice to the other side, even a weak showing will suffice. (Ibid...

Excerpt: ...Request for Judicial Notice In support of their motion for summary judgment, both parties ask that the court take judicial notice of six documents: (1) Grant Deed recorded in Riverside County Recorder's Office on December 30, 1987; (2) Assignment and Conveyance (Tenneco West, Inc. to Tenneco Oil Company), recorded on November 18, 1988; (3) Assignment and Conveyance (Tenneco Oil Company to TOC‐Pacific Cost, Inc.) recorded on November 18, 1988; (...

Excerpt: ...overnment or law enforcement agency, [2] to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance … if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute….” Cal. Lab. Code § 1102.5(b). Columbia Riverside states that plaintiff fails to show that she engaged in protected activity b...

Excerpt: ... 152 Cal.App.4th 1106, 1117‐18; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐55.) Judicial notice of Exhibit 1 and 2 are granted pursuant to Evidence Code § 452(c), (h). Factual and Procedural background: On 8/10/21, the court sustained a demurrer to the first cause of action with leave to amend. Plaintiff filed the operative first amended complaint (“FAC”) on August 30, 2021, alleging three causes of action: (1) br...

Excerpt: ...sustained. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are judicially noticeable (Blank vs. Kirwan (1985) 39 Cal.3d 311, 318.) In evaluating 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.) ...

Excerpt: ...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 may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Page 8 of 10 Cal. 4th 666, 672). However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab C...

Excerpt: ...hich operates Northgate Market, a Hispanic supermarket. Defendant Magnolia Partnership, LLC owns real property at 10411‐10481 Magnolia Avenue. The predecessors‐in‐interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular tr...

Excerpt: ...alse, or improper matter inserted in any pleading.” In ruling on a motion to strike, the allegations in the complaint are considered in context and presumed to be true. (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) Here, the motion seeks to strike punitive damages allegations from the Complaint. Such a motion lies where the facts alleged in a pleading do not rise to the level of “malice, fraud or oppression” required to supp...

Excerpt: ... discovery conference within the next 10 days. If the matter is not resolved at the informal discovery conference, the Court will set a new hearing date shortly thereafter. In any event, the Court denies the request for sanctions. Factual / Procedural Context: This action arises from a motor vehicle accident between Plaintiffs and Defendant Premier General Engineering's employee Carlos Guevara. Plaintiff Carlos Holguin contends that as a Page 4 o...

Excerpt: ...anty); and violation of SongBeverly (implied warranty of merchantability). They allege that their 2020 Chevy Traverse was defective due to an inoperable backup camera and infotainment system. Plaintiff moves to compel further responses to Request for Production on the grounds that Defendant failed to provide code‐compliant responses, failed to provide a privilege log, provided improper objections, and failed to produce documents it agreed to pr...

Excerpt: ... Perris Union High School District (“Defendant” or the “District”). Plaintiff filed the Complaint on February 22, 2021. In September 2021 and again in October 2021, Plaintiff served the District with deposition notices of its employees, Juan Santos, Gypsi Perez and Erika Mariaca. The District served objections both times, indicating counsel and deponents were unavailable on those dates. Plaintiff contends the District did not offer altern...

Excerpt: ...ns will be addressed in this tentative ruling. Analysis A. Meet & Confer CCP §430.41 and §435.5 requires a meet and confer process via phone or in person before filing a demurrer or motion to strike. The meet and confer process requires the moving party to identify the causes of action or allegations subject to attack and the plaintiff must provide legal support for its position. (CCP §430.41(a)(1), 435.5(a)(1).) Defendant complied. B. Request...