Excerpt: ... proceeding.” Code of Civil Procedure section 1033.5 provides that the costs which a prevailing party is allowed to recover under section 1032 includes attorney's fees authorized by contract, statute, or law. (Code Civ. Proc., §1033.5(a)(10)(A),(B)&(C).) Courts have construed the term “statute” to include “municipal ordinances.” (City of Los Angeles v. Belridge Oil Co. (1954) 42 Cal.2d 823, 833‐834.) Here, the City seeks attorneys' f...

Excerpt: ...ce (against all); (2) negligent supervision (against all); (3) negligent hiring/retention (against all); (4) negligent failure to warn train or educate (against all); (5) constructive fraud (Civil Code §1573) (against all); (6) breach of fiduciary duty (against all); (7) intentional infliction of emotional distress (against all); (8) sexual harassment (Civil Code §51.9) (against all); (9) sexual abuse and harassment in the educational environme...

Excerpt: ...defendant Moon Lev Investments LLC (“Moon Lev”) to provide design, planning and construction of improvements on property owned by Moon Lev at 18342 Blue Dream Crossing in Desert Hot Springs (“subject property”). Plaintiff alleges it supplied labor, materials, and supplies for the work of improvement on the subject property but at the time of recording a Mechanic's Lien on 12/2/20, the sum of $72,821.30 was unpaid. Plaintiff alleges that s...

Excerpt: ...press the intention of the parties through fraud. Civil Code §3399 states: “When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third person...

Excerpt: ...ra Surgery Center. The surgeon was defendant Mark Berman; the anesthesiologist was defendant Craig Rosenblum. Plaintiff alleges that she was administered the wrong general anesthesia before surgery, while still in a waiting room, and then was instructed to walk into the operating room, where she lost consciousness and fell. Dr. Rosenblum, the anesthesiologist, previously moved to require plaintiff to post an undertaking, claiming that plaintiff l...

Excerpt: ...rtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) “This statutory provision giving the courts the power to permit amendments in the furtherance of justice has received very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) “That the trial courts are to liberally permit such amendments at an...

Excerpt: ...f the SUBJECT VEHICLE to the present, AHM has no written rules, policies and/ or procedures concerning the issuance of refunds to buyers or providing replacement vehicles to buyers in the state of California under the Song Beverly Consumer Warranty Act and no such documents have ever existed. Repurchase or replacement requests under the Act are evaluated in good faith on a case ‐by‐case basis.” This response is compliant with CCP § 2031.01...

Excerpt: ...unable to reach a resolution, then General Motors may file a motion to stay or quash or a motion for a protective order. No sanctions are awarded. GM's Objections to the Deposition, the Categories of Inquiry and Document Requests are procedurally improper. GM served objections to the deposition notice, including objections to each category of inquiry for the PMK and to each request for production. Objections to the deposition notice are limited t...

Excerpt: ...n v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Lodestar is the objective starting point to determine if attorney's fees are reasonable. (Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1242.) Lodestar is calculated by assessing the reasonable rate for comparable services in the local community, multiplied by the reasonable number of hour spent on the case. (Id.) Lodestar requires the court to determine what a reasonable rate a...

Excerpt: ...oncealment are: (1)The defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact; and (5) as a result of ...

Excerpt: ... issue whether a special relationship exists giving rise to a duty to protect (or warn) comprehends consideration of the same factors underlying any duty of care analysis.” (Hansra v. Superior Court (1992) 7 Cal.App.4th 630, 646.) The existence and scope of a landowner (or possessor's) duty turns on whether the third‐party conduct could reasonably be anticipated. (Robison v. Six Flags Theme Parks, Inc. (1998) 64 Cal.App.4th 1294, 1300‐1305)...

Excerpt: ...nwide. Plaintiffs allege that their injuries exceed the policy limit of $25,000 for personal injury. (Complaint, ¶79.) Plaintiffs allege that Nationwide, in bad faith, has refused to tender the policy limits to Plaintiffs unless both of them agree to hold the insured defendants harmless for any damages above the policy limits. (Complaint, ¶83.) Plaintiffs allege that Nationwide has a legal obligation to tender the policy limit, regardless of Pl...

Excerpt: ...aken off calendar as moot. The Court sustains Plaintiff's objections to the Court using Plaintiff's deposition, however, the Court finds that the deposition is immaterial because the Court is relying on the pleadings only in making this ruling. FACTUAL / PROCEDURAL CONTEXT Plaintiff Malania Studley‐Iman (“Plaintiff”) was injured in a car accident that also caused the death of one of the drivers in the accident. She was provided with emergen...

Excerpt: ...the Court will grant Defendant's unopposed motion for terminating sanctions against Plaintiff and orders the case dismissed with prejudice. Background Facts On October 15, 2020, Defendant served Form Interrogatories (set one), Specially Prepared Interrogatories (set one) and Demand for Identification and Inspection of Documents (set one) on Plaintiff WINTER H. WILLIAMS. Plaintiff failed to serve responses to all three discovery requests. On March...

Excerpt: ...nt agreements for sexual harassment cases in California Defendants still did so.” Information is regarded as relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. (See Lipton v. Superior Court (1996) 48 Cal.App.4th 1599, 1611; Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) Importantly, admissibility is not the test, and information, unless privileged, is discoverab...

Excerpt: ...1, 2019 through the present date, regardless of whether such documents have any bearing on the instant litigation. The documents sought in the SDT largely have no relevance to the subject matter of this litigation, are not calculated to lead to admissible evidence, and the threat of exposing Big Wood employees', customers' and other third parties' private financial information far outweighs the necessity of this Subpoena. In opposition, Defendant...

Excerpt: ...he owner of real property at 12776 Eastern Shore Drive in Corona (subject property), which was purchased on 12/3/13, free of all liens. Plaintiffs allege that two grant deeds executed on June 9, 2018, were forged. (Exhibits 1 and 2.) One grant deed transfers WRF's interest in the subject property to Mr. Wang and purports to have his signature. The other is an interspousal grant deed purporting to be signed by Mrs. Wang, transferring her interest ...

Excerpt: ... the Court orders the Court Clerk to file the proposed FAC forthwith. Defendants shall file a responsive pleading per Code from today's date. FACTUAL / PROCEDURAL CONTEXT Plaintiff Daelani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside City College and Riverside Community College District (collectively “RCC”) during the 2017 academic year. In 2018, Daelani and her mother, Plaintiff Tia Griffin (“Tia”) moved to Fr...

Excerpt: ... met their initial burden. 3. The Court grants summary judgment of Cross‐Complainant, Rui Xin's Cross‐ Complaint as against Mora and McGuire only. 4. The Court overrules all of Mora and Gilbert's objections. FACTUAL / PROCEDURAL CONTEXT Plaintiff, Clayton Blood, alleges that late in the evening of 12/8/18 or early in the morning of 12/9/18, in the lobby area of the Hyatt Place Riverside/Downtown (Hyatt) located at 3500 Market Street, Defendan...

Excerpt: ...1350(f).) If it is disputed, then the opposing party must state the nature of the dispute and supporting evidence. (Id.) Plaintiff fails to comply with CRC 3.1350(f) on several facts, merely stating “disputed,” or “unknown” to Plaintiffs. Plaintiff improperly relies on his interrogatory responses, in violation of CCP §2030.410. A party may not use its own interrogatory response in support of its papers for summary judgment. (Great Americ...

Excerpt: ...Technologies Corporation (“UTC”), Page 5 of 13 and Goodrich Corporation (“Goodrich”) (collectively “Defendants”) as a Human Resources Generalist Manager when he was wrongfully terminated on March 26, 2019, after 32 years of service. (Complaint, ¶ 13.) On that day, his supervisors Zer Moua (formerly Zer Kha)(“Moua”), Director of Human Resources (“Moua”), and Toni Busby, Associate Director of Human Resources (“Busby”) told ...

Excerpt: ... informed Plaintiff that she would be filing a motion for judgment on the pleading and would follow up with a meet and confer letter. (Declaration of Heather K. Cox [“Cox Decl.”], ¶2.) On April 30, 3021, Defendant's counsel sent a letter to Plaintiff, indicating that the Complaint fails to state any claim against Defendant, especially in light of the recent ruling of the Court granting the special motion to strike in favor of Defendants Jime...

Excerpt: ...t Shah in connection with bringing the special motion to strike under the anti‐SLAPP statute and the instant motion to recover fees and costs. However, the amount requested by the moving party in the sum of $36,133.80 is reduced to exclude excessive hours billed on attorneys' fees and to more accurately reflect the hourly rates in the prevailing community. As such, Defendant Shah is entitled to fees and costs in the amount of $11.041.50, consis...

Excerpt: ...1) the defendant concealed a material fact; (2) the defendant had a duty to disclose the fact to the plaintiff; (3) the defendant intentionally concealed the fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th...

Excerpt: ...nary 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 need only plead facts necessary “to acquaint a defendant with the nature, source and extent of his claims....

Excerpt: ... 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 Cal. 4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal.2d 695, 713.) If the complaint fails to state a cause of actio...

Excerpt: ...de the locker room in order to intimidate and spout profanities at Plaintiff while he exited. The SAC further alleges Moore's response to the bullying complaints was to have Plaintiff use a further separate bathroom from Matthew. Plaintiff alleges that Defendants are aware Plaintiff is autistic and has a condition that requires a bathroom be close in order to avoid an accident. On 9/11/19, Plaintiff alleges that Matthew reported to Moore that Pla...

Excerpt: ...ould resolve the objections to be raised in the demurrer.” (emphasis added). CCP § 430.41(a) provides, in pertinent part, that “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone 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.�...

Excerpt: ...s mistreatment in the form of abuse and custodial neglect.” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.) A claim of “neglect” by a Page 4 of 4 person having the “care or custody” of an elder under the Act requires a caretaking or custodial relationship where a person has assumed significant responsibility for attending to one or more of those basic needs of the elder or dependent adult that an able‐bodied and fully competent adult wou...

Excerpt: ...s entirety. (Triodyne, Inc. v. Superior Court (1966) 240 Cal. App. 2d. 536, 542.) When ruling on a motion to strike, the allegations of the pleading are assumed to be true and read in their context. (Clauson v. Superior Court (1998) 67 Cal. App. 4th 1253, 1255.) A pleading is to be liberally construed. (CLD Construction v. City of Ramon (2004) 120 Cal. App. 4th 1141, 1146.) The grounds for the motion must appear on the face of the pleading or fro...

Excerpt: ...f's prosecution of the action was not in good faith.” The CLRA does not define the term “prevailing plaintiff” and courts have employed different approaches in deciding that issue to award CLRA fees and costs. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178‐179; see e.g., Reveles v. Toyota by the Bay (1997) 57 Cal.App.4th 1139, 1149 (the prevailing party is the “party with the net monetary recovery” as general...

Excerpt: ...ously, this Court ordered this matter into arbitration per to the terms of the Purchase Agreement dated January 13, 2019. As explained in its ruling compelling this matter into arbitration the Purchase Agreement provides in Section H, entitled “Dispute Resolution/Arbitration,” that any disputes between the parties be resolved by arbitration. “Disputes” are defined as “any dispute, claim, suit, demand or controversy arising out of relati...

Excerpt: ...dure Before Trial (The Rutter Group 2020) (“Weil & Brown”), § 8:598.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232‐33.) A. The Subpoena Requests Are Narrowly Tailored and Seek Documen...

Excerpt: ... Claudia Anderson (“Plaintiff”) alleges she was driving her sedan northbound on Sycamore Canyon Boulevard in Riverside, when a tractor trailer traveling in the adjacent lane, struck and collided with her vehicle while changing lanes. Plaintiff alleges defendant Tyler Jason Skelton (“Skelton”) negligently operated the tractor‐trailer which was owned by defendant Cemex Trucking, Inc. (“Cemex”). Plaintiff filed the Complaint on July 22...

Excerpt: ...ts issued by or under the authority of the United States or any public entity in the United States. However, only relevant evidence is admissible by judicial notice. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1135, fn. 1. Plaintiff has not asserted any causes of action based on violations of the residential care community code. Nor are there any claims for negligence or premises liability. Therefore, the documents are not relevant and judicial not...

Excerpt: ...ement must identify each material fact in respect to the cause of action. (Cal. R. Ct. 3.1350(d)(1)(B).) It should only include material facts and not facts that are not relevant to the disposition of the motion. (Cal. R. Ct. 3.1350(d)(2).) “The separate statement serves two important functions in a summary judgment proceeding: it notifies the parties which material facts are at issue, and it provides a convenient and expeditious vehicle permit...

Excerpt: ...ion. C.C.P. § 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 666, 672. However, it does not assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. A party...

Excerpt: ... as Todd v. Murphy, which the Court dismissed based on forum non conveniens; the Court's order dismissing that case and finding that it should be heard in Hawaii is now on appeal. Although Plaintiff Todd asserts that this First Amended Complaint raises new causes of action, all causes of action asserted here are merely new theories of liability arising out of the same facts and transactions, and same subject matter, as those claims raised in case...

Excerpt: ...y without providing Plaintiff a reinstatement amount and before the time to cure had expired. The terms of repayment were included in a Settlement Agreement entered into after Billy Jo Frye, the purchaser and obligor on the Note failed to make payments and filed for bankruptcy twice. Immediately upon purchase of the property Frye had conveyed her interest to herself as Trustee of Plaintiff the Brookville Trust. The Settlement Agreement provides t...

Excerpt: ...ds that she was acting on behalf of The Blue Sky Institute, LLC (“Blue Sky”) when she purchased the property. Chicago Title Company (Chicago Title) acted as the escrow company for the purchase. When Chicago Title prepared the deed for the purchase, it allegedly failed to include all of the lots on the deed (two were left off). A month after Kuan purchased the property, she conveyed the property to Blue Sky. Approximately four years later, Chi...

Excerpt: ...m LLC (PTL) on Plaintiffs' demand for punitive damages. The court, after determining that Plaintiffs sufficiently set forth a survival claims – found that while Plaintiffs raised a triable issue of material fact as to whether PTL knew or should have known that Lopez was unfit to drive a tractor trailer, Plaintiffs failed to submit any evidence that an officer, director or managing agent of PTL had advance knowledge of Lopez's unfitness but empl...

Excerpt: ...pter 7 bankruptcy petition and order confirming the award. Evidence Code §452(d) provides for judicial notice of court records. In general, the court can take judicial notice of the records in the pending action, or in any other action pending in the same court or any other court of record in the U.S. (Evid. Code § 452(d).) But, judicial notice of other court records and files is limited to matters that are indisputably true. This generally mea...

Excerpt: ...ollowing three causes of action: (1) Negligent Misrepresentation; (2) Fraud‐Concealment; and (3) Breach of Fiduciary Duty. Moving Defendants now move to strike the portions of the Complaint concerning the prayer for punitive damages. The Complaint alleges that, before the closing of escrow in August 2017, the sellers and Moving Defendants informed Plaintiff about the limited problems with the roof that had been repaired and that there was a 10�...

Excerpt: ... suffered by three other guests in 2017 as a result of exposure to excess pool chemicals. Plaintiff has not sufficiently pleaded malice. Plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (CC § 3294(a).) “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant with a willful and conscious disregard for the rights or saf...

Excerpt: ... (a), (b), (c) are sustained. No other objections are material to this ruling and all are preserved for appeal. Moving party to prepare the order. This SAC for: (1) negligence, (2) premises liability, (3) wrongful death, and (4) nuisance is based upon decedent's death while providing security as an employee of Contemporary Services Corporation (CSC) at an outdoor concert called Desert Trip put on by Defendant Golden Voice (GV) at Defendant Empire...

Excerpt: ...one or more elements of the cause of action cannot be established or that there 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.) The “tried and true” way to meet this burden is to present affirmative evidence negating, as a matter of law, some essential element of a plaintiff's claim (e.g., failure to exhaust administrative remedies or expiration of th...

Excerpt: ...d fourth causes of action are uncertain and that they fail to state facts to constitute any viable cause of action. The Court has repeatedly, and at length, addressed these causes of action in one form or another, and has allowed Plaintiff numerous opportunities to correct fatal defects. Plaintiff has not done so, and the Court finds that the demurrer should be sustained without leave to amend. To withstand a demurrer the complaint must contain �...

Excerpt: ...nd procedural background: On 10‐8‐20, West Coast then filed a cross‐complaint against plaintiff Mike Davis. The cross‐ complaint alleges that in 2001 Jeff Davis formed an equipment rental company known as Pacific High Reach and Equipment Services, Inc. (Pacific Equipment), with Flanagan and Lynn Ladenes (Ladenes) becoming shareholders in Pacific Equipment. The cross‐complaint alleges that Jeff Davis (Jeff Davis) then hired his father, M...

Excerpt: ...ing or from any matter of which the court is required to take judicial notice. (Cal. Civ. Pro. §437.) A motion to strike is the proper vehicle to attack a punitive damages claim. (Cal. Code Civ. Pro. §§ 435‐436; Truman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Plaintiffs may recover exemplary or punitive damages where it is proven that “the defendant has been guilty of oppression, fraud or malice.” (Cal. Ci...

Excerpt: ...triable issue of fact. The Court denies Plaintiff's request for leave to amend, unless Plaintiff requests oral argument and can articulate how she can cure the defects in the Complaint. The Court grants Defendants' request for judicial notice. The Court overrules Plaintiff's evidentiary objections. Page 3 of 6 FACTUAL / PROCEDURAL CONTEXT This is a dispute between neighboring property owners. Plaintiff Nipa Y. Sproat, individually and as Trustee ...

Excerpt: ....” Both paragraphs 21.a. and 21.c. are sufficient to allege a breach of contract. The demurrer is therefore overruled. The second cause of action, for breach of the implied covenant of good faith and fair dealing: The allegations describe nothing other than a breach of contract. The demurrer is therefore sustained. That sustention is without leave to amend unless Shih can articulate how he can amend the FACC in a way that will change the legal ...

Excerpt: ...) 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 Cal. 4th 666, 672.) However, a demurrer does not admit contentions, deductions or conclusions of fact or law. (Daar v. Yellow Cab Company (1967) 67 Cal. 2d 695, 713.) Facts appearing in...

Excerpt: ...ust 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 need only plead facts neces...

Excerpt: ...s partner Lowrance, could acquire a 49% interest in the shares of Mischief upon the payment of $32,000.00. Byrd and Lowrance never paid that required consideration and therefore, never acquired an interest in Mischief. ¶ 15 Mundt was willing to overlook the above failure of consideration so long as Byrd and Lowrance were willing to devote their undivided loyalty to both Mundt and Mischief in their operations of Mischief However, Byrd and Lowranc...

Excerpt: ...ndant Bigge: Paragraphs 60, lines 1‐2; 64, lines 1‐2; 84, lines 6‐7; Paragraph 3 of prayer, line 18. Factual and procedural background: On 8‐22‐17, Defendant Kiser (Kiser), while driving a Ford F250 owned by Defendant Bigge, struck Plaintiff Powers who was on his motorcycle, along with his passenger, Plaintiff Bates. Plaintiff alleges Kiser had medical issues that he was receiving treatment that included but was not limited the taking o...

Excerpt: ...amirez v. U.S. Foods, Inc. in Alameda Superior Court. While counsel indicated that it was disposed of by judgment, it also indicated that it involved the same parties and same/similar claims. Counsel should be prepared to address what the Alameda litigation was based upon. 2. CMO H.3.c – Cy pres a. The parties have chosen a cy pres, St. Christopher Truckers Relief Fund. Shannon Currier, the Director of Philanthropy and Development, has submitte...

Excerpt: ... evidence.” In fact, they are not objections to specific evidence, but instead are objections to portions of the separate statement. The separate statement is not evidence. As such, these objections are meritless. The defendants raised eight evidentiary objections. They are unnecessarily difficult to evaluate because the defendants do not identify where in the plaintiff's 89‐ page response to the statement of undisputed material facts the pla...

Excerpt: ...deposition or a motion for protective order. There remains some confusion over exactly which issues remain in dispute. For example, it appears as though GM is willing to produce witness(es) for Categories 1, 2, 5‐12, 18‐25, with a limitation as to scope for some of the Categories. However, GM still provides a lengthy opposition in its separate statement regarding each of the categories, but states at the end of the opposition for each of the ...

Excerpt: ...tem (“Hospital”) under the custody of Defendant County of Riverside (“County”). Decedent also suffered from narcotics addiction. On May 4, 2020, Decedent was admitted to the Hospital under the custody and care of the County for psych evaluation and 14‐day hold. On May 22, 2020, Decedent was referred by the County to a facility operated by Defendant Social Science Services, Inc. dba Cedar House Life Change Center (“Cedar House”). In ...

Excerpt: ...igen retained the right to approve or disapprove the appointment of a service provider, and no misrepresentations were made. Altigen contends that the Unfair Competition cause of action fails for the same reasons. Intellitalk alleges the independently wrongful conduct arises out of Altigen rejecting customer requests for transfer of their accounts to Intellitalk starting in mid‐2016, and representing falsely that they had to be serviced by West...

Excerpt: ... referred to as the “State”). On June 23, 2019, Plaintiff was driving a motorcycle on westbound Highway 74 (Ortega Highway) near Lake Elsinore with his fiancée, Tina Coats, as a passenger. (FAC, p. 5.) Employees of the CHP and Cal Fire were investigating an earlier accident and managing the collision site. (Ibid.) The collision, coupled with the investigation caused the westbound traffic to back up, and Plaintiff stopped his motorcycle short...

Excerpt: ...conduct must be pleaded separately.” Although professing to “respect” that ruling, the plaintiff once again attempts to plead both torts in a single cause of action, and asserts that the Court's previous ruling was mistaken. Contrary to Plaintiff's argument, “[w]illfulness and negligence are contradictory terms. If conduct is negligent, it is not willful; if it is willful, it is not negligent.” (Donnelly v. Southern Pac. Co. (1941) 18 C...

Excerpt: ... Variance. On 7‐30‐20, Petitioner's learned of the rehearing. They submitted written opposition. A revised variance was granted on 9‐17‐20. The revised variance included detailed information regarding the appeals process and that specifically, the appeal was to be filed within ten calendar days. Petitioner had the appeal information because they sent an email dated 9‐27‐20, to Riverside City Councilmember Erin Edwards stating that “...

Excerpt: ... 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 cannot reasonably determine what issues must be admit...

Excerpt: ...50.) A defendant has met his or her burden under CCP §437c(p)(2) of showing Page 3 of 8 a cause of action has no merit if that party has shown that one or more of the elements of the cause of action cannot be established, or that there is a complete defense to that cause of action. Once that burden has been met, the burden shifts to the opposing party to produce admissible evidence showing a triable issue of material fact exists. (CCP § 437c(p)...

Excerpt: ...URAL CONTEXT This is an eminent domain action. Defendant The Preserve (“Preserve”) is the owner of a 69.98 property in Beaumont located north of the Lamb Canyon Landfill (“Subject Property”). In 2008, Preserve filed for bankruptcy. Defendant John Menchaca (“Trustee”) is the bankruptcy trustee for the estate of the Preserve. On April 7, 2017, the Trustee filed a Motion for Approval of Compromise and Settlement of Litigation and for Aut...

Excerpt: ...tor Vehicle Lease Agreement (“Lease Agreement”). Plaintiff is the lessee and the dealership, Walters Auto Sales & Service, Inc., the lessor. MBUSA did not sign the lease agreement. Plaintiff alleges that after leasing, he delivered the vehicle for repairs on at least three occasions for certain defects and nonconformities in the vehicle, but MBUSA or its authorized repair facility failed to conform the vehicle to the applicable warranties eve...

Excerpt: ...er. Due to the Court's schedule, on its own motion the Court shall continue both hearings to 7/29/21 at 8:30 am, to be heard telephonically. *** FACTUAL / PROCEDURAL CONTEXT This is an employment action brought by plaintiff Arkico Lashun Williams (“plaintiff” or “Williams”) against defendant Amazon.com Services, LLC (“Amazon”) and defendants Rob Romero, Tim Stewart, Sean Boyle, and Aaron McGrath. Plaintiff alleges she was hired by Ama...

Excerpt: ...ally unconscionable because the arbitration provision is hidden. The plaintiffs signed the Premier Membership Application. The application is five pages long. Nowhere in that document is arbitration mentioned. However, in the last paragraph before the signature lines on the fourth page, the application states: “I hereby acknowledge receipt of The Club at PGA WEST Premier Membership Plan and Rules and Regulations and that I have read and underst...

Excerpt: ...n its own motion. Despite counsel's representations, however, no motion appears in the register of actions. Therefore, the motion will be taken off calendar unless counsel can produce a conformed copy of the moving papers, including a proof of service of the motion on the defendant. The Court notes that an unconformed copy of the motion is attached to the ex parte application. The declaration supporting that motion asserts the following: • That...

Excerpt: ...Capital Management, LLC to provide further responses to Special Interrogatories numbers 4 and 29 and requests sanctions of $2,659.80. The interrogatories and responses at issue are as follows: NO. 4: Why was PNMAC Mortgage Co., LLC cancelled? RESPONSE: Capital objects to this interrogatory on the grounds that it: (i) involves the internal operations of Mortgage Co. and must be directed to the authorized representative of Mortgage Co. rather than ...

Excerpt: ...denies the motion to produce documents for sales for which Plaintiff was not involved. Given the time required to produce such documents, the Court order that the documents be provided within 60 days. The request for sanctions is denied. Page 6 of 9 FACTUAL / PROCEDURAL CONTEXT This is an employment wage and hour case. Plaintiff Jeffrey Dempsey (“Plaintiff”) worked as salesman for Defendants BJMV, Inc. dba SPG Building Services (“BJMV”), ...

Excerpt: ...“If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination …, or to produce for inspection any document …, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection for any document … described in the deposition notice.” (Code Civ. Proc., §2025.450(b)(2), ita...

Excerpt: ...as it had nothing to do with the state of the asphalt. The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.) To the extent that this is based on premises liability, it is also a form of negligence. Accordingly, the elements of a claim for injuries suffered by an inv...

Excerpt: ...d wages while employed by Zhang. As such, there appears to be no bad faith on Lan Zhao's part. Zhang contends that Lan Zhao did act in bad faith, but she provides no evidence to support this assertion. In order to establish that good faith does not exist, substantial evidence must be presented. Silver Orgs. v. Frank (1990) 217 Cal.App.3d 94, 99‐100. Under C.C.P. § 473(a),“[t]he court may, in furtherance of justice, and on any terms as may be...

Excerpt: ...icle dashboard screen malfunction. Plaintiff and Defendant settled for $75,000 and attorney's fees and costs to be decided by the court. Plaintiff moves for attorney fees of $61,565 (151.9 hours at rates of $250‐$525), plus costs. Defendant contends it provided a CCP §998 offer and Plaintiff failed to obtain a more favorable result, and therefore, is not entitled to post‐offer fees of $24,055 (12/3/19‐10/29/20). It otherwise argues that th...

Excerpt: ...5‐ 4‐21 order directing the parties to meet and confer, the court specifically noted: “The court will not accept further briefing.” A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP § 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 context. (Moore v. Regents of University of ...

Excerpt: ...ions 418.10(a)(1)(2), 418.10(d), and 410.30(a), on the grounds that this Court lacks personal jurisdiction over Defendant who has insufficient minimum contacts to the forum for such jurisdiction to be asserted and California is an inconvenient forum since Mr. Yost is a resident of the State of Michigan. In support of his motion, Yost submitted his declaration that declares: • He is not a resident of the State of California, nor have has he ever...

Excerpt: ...m work for 15 days and given a warning notice: “You received a written warning on August 29, 2018 regarding your unacceptable attendance record. Since that time you have continued to have an unacceptable attendance record. As a result, you have been placed on a fifteen (15) days suspension and you are hereby warned that further attendance problems will result in your termination. This is your Last and Final warning.” (A.R., p. 63.) Petitioner...

Excerpt: ..., 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 support a punitive damages claim. (Turman vs. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63.) Civil Code section 3294 provides that exemplary damages are allowable where the defendant is guilty of malic...

Excerpt: ...G Nos. 2‐6 and RFP No. 41. Sanctions denied. This is a personal injury action in which Plaintiff alleges that she was injured when Defendant negligently drove away before Plaintiff was fully in Defendant's vehicle. Plaintiff's Complaint alleges the causes of action for motor vehicle and general negligence, claiming wage loss, hospital and medical expenses, general damage, and loss of earning capacity. Page 10 of 14 Defendant is moving to compel...

Excerpt: ...ncomplete, or evasive, or an objection in the response is without merit or too general. (CCP §§2030.300, 2031.310, 2033.290.) Unless notice of the motion is given within 45 days of the service of the response, or any supplemental response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing, the propounding party waives any right to compel a further response. (CCP §§ 2030.300(...

Excerpt: ...ed to 65% of BAP for Water Year 2021‐2022. Page 3 of 4 Este: The Watermaster proposed that the FPA be reduced from 70% to 65% of BAP. The Court approves that proposal. The FPA for all producers in ESte is reduced to 65% of BAP for Water Year 2021‐ 2022. Oeste: The Watermaster proposed that the FPA be reduced from 65% to 60% of BAP. The Court approves that proposal. The FPA for all producers in Oeste is reduced to 60% of BAP for Water Year 202...

Excerpt: ...se the request is denied. Court declines to rule on DWA's evidentiary objections. (CCP § 437c(q).) Court declines to rule on MSWD's evidentiary objections. (CCP § 437c(q.) This action arises out of the Sustainable Groundwater Management Act (Water Code § 10720 et seq.) (“SGMA”). Petitioner Mission Springs Water District (“MSWD”) filed its original petition on February 16, 2016 and the operative third amended petition (“TAP”) on Jun...

Excerpt: ... during discovery that warrant correction of facts and causes of action pleaded in the First Amended Complaint. The Court agrees. Defendant Brown opposes the motion but has not demonstrated that Plaintiff has unduly delayed seeking amendment or that she will be unduly prejudiced. The new causes of action here are merely different theories of liability that are still premised on the same primary right— that Brown wrongfully attempted to gain tit...

Excerpt: ...neighbors about dangerous conditions on the property. The City conducted an inspection and requested that Respondent remove or remediate all substandard conditions. After several additional inspections and notices, the City determined no corrective action had been taken, and therefore filed a Petition for the Appointment of a Receiver, Injunctive and Other Relief Pursuant to Health & Safety Code §17980.7. (“Petition”) on May 30, 2017. The Pe...

Excerpt: ...mad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust, gave Defendant three separate loans.1 Plaintiffs claim that Defendant (Mohammad) stopped making regular payments on all three notes in October 2010, but that he made a final one‐time payment on each of th...

Excerpt: ...ry 24, 2017 regarding the adoption of Ordinance 771.2 amending Ordinance 771. The Court takes judicial notice of this document under Evid. Code §452(b), which permits judicial notice of regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States Demurrer: Except as otherwise provided by statute, a public entity is not liable for an injury, whether such injury arises out o...

Excerpt: ...iff Timothy Ruiz (“Plaintiff”) was hired by Defendant American Building Innovation, LP (“ABI”) and its general partner, Defendant Tin Vo (“Vo”) as a construction worker/framer with an hourly rate of $34.50. In 2017, the Tustin Unified School District (“District”) got approval for a construction project for the construction of new classrooms. The District contracted with general contractor, Defendant Balfour Beatty Construction, LL...

Excerpt: ...an order compelling CrossDefendant Pennymac Loan Services, LLC to provide further responses to RFA numbers 10 and 11 and for sanctions. CitiMortgage asserts that Pennymac's responses to these requests merely provided meritless objections. The RFAs in question are as follows: No. 10: Admit that YOU had a duty to notify Plaintiffs that CitiMortgage repurchased the LOAN. RESPONSE: PLS objects to this Request on the ground that it: (i) is vague and a...

Excerpt: ...nts claims are subject to the workproduct privilege. The parties are ordered to meet and confer after the privilege log is produced and to attempt to informally resolve their dispute. If the dispute cannot be resolved, the parties are ordered to file with the Court on or before June 21, 2021 a joint declaration detailing any points of agreement and disagreement with regard to production of documents described on the privilege log. The parties' fa...

Excerpt: ... Edward Ortiz and Nancy Ortiz (“Plaintiffs”) filed the complaint seeking to quiet title to the Property on June 7, 2019 against defendants Kenneth Bordewick and 1801 Boulevard Holdings, LLC (the “LLC”) (together, “Defendants”). Defendants filed a cross‐complaint for breach of contract and fraud against Plaintiffs on September 19, 2019. The parties subsequently entered into a stipulation, which provides in relevant part: • Defendan...

Excerpt: ...t. (Dec.Janssen ¶3; Dec.Johnson ¶16; and Notice of Lodgment [NOL] Ex. “11” [arbitration agreement.]) Defendants assert that since Decedent was unresponsive and sedated upon admission, Anthony necessarily signed the documents as Decedent's agent and bound all claims to be resolved in arbitration. Anthony Sanchez declares that he was informed by Defendants' staff that as his mother's sons, any of them could sign on her behalf. (Oppo., Dec.Ant...

Excerpt: ...ue exists as to any material fact and the defendant is entitled to a judgment as a matter of law.” (Kahn v. East Side Union High School Dist. (2003) 31 Cal. 4th 990, 1002‐1003.) “The moving party bears the burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 850.) Once this burden has been met, the burden shifts to the oppo...

Excerpt: ...roject by Defendant Southern California Edison to move transmission lines that crossed I‐10 from temporary to permanent poles. On 04/21/17, Plaintiff in the instant individual case (PSC1801449), Maria Alvarez, filed identical government claims with the State of California naming the responsible agency in one as Caltrans and the CHP in the other based upon the following: At approximately 5:15AM on October 23, 2016, Ms. Alvarez was a passenger in...

Excerpt: ...d damages. Like the First Amended Complaint, the Second Amended Complaint (“SAC”), alleges four causes of action against Defendant Sellers for: (1) Intentional Misrepresentation Regarding Zoning; (2) Negligent Misrepresentation Regarding Zoning; (3) Intentional Misrepresentation Regarding the Addenda Page 4 of 7 to the Purchase Agreement; and (4) Declaratory Relief for Cancellation of the Purchase Transaction. Defendant Sellers once again gen...

Excerpt: ...ond to the Complaint because they believed that Plaintiff intended to resolve the issue informally. (Decl. of Marvin, ¶20.) However, Plaintiff's counsel sent a letter to Defendants on May 30, 2020 indicating that if Defendants did not confirm in writing that they would comply with the CC&Rs and approval process before any further construction, Plaintiff would pursue legal action. (Plaint. Ex. E.) Counsel also advised Defendants of the ex parte h...

Excerpt: ...allege in the FAC that defendant PVC is not listed in the “Roster of Public Agencies” created by section 53051. FACTS Defendant Blythe Post Acute is a skilled nursing facility. Defendants Stewart Smith and Mindy Love are registered nurses and defendant Kelly Vasquez is the Director of Nursing. All individual defendants work at Blythe Post Acute. Plaintiff began working for Blythe Post Acute (“BPA”) as a Certified Nursing Assistant (“CNA...

Excerpt: ...er hearing oral argument. 2. GRANT defendant's Palo Verde College's motion to strike. On February 6, 2021, the court sustained defendant Palo Verde College's demurrer to the original complaint and it also provided plaintiff, a state prison inmate, with 45 days to amend. Plaintiff had failed to oppose both the demurrer and the motion to strike and he did not make an appearance at the February 6, 2021, hearing. Unbeknownst to the court at the time ...

Excerpt: ...ment by making $150,000 worth of capital improvement on the Clark Property for Tiger Eye to farm hemp plants on the land. Plaintiff alleges that Defendant breached his duties under the Agreement by failing to reimburse Plaintiff for the capital improvement and to distribute his share of the profit from the secret sale of 10,000 pounds of hemp. Plaintiff also alleges that Defendant breached his duties under the Agreement by interfering with Tiger ...