Excerpt: ... action on September 17, 2020 against defendants Deborah Quinn (“Quinn”) and Stephan Brown (“Brown”) (together, “Defendants”). Plaintiff alleges that the parties breached an implied part of a Stock Purchase Agreement (the “Agreement”) under which Quinn sold 100% of the Attitude Adjustment Inc. (“AAI”) to Brown by not tendering Plaintiff a pro rata amount of the proceeds Page 5 of 6 based upon her ownership interest in AAI. Pla...

Excerpt: ...cer Drootin had no duty to enforce the DVRO and CPO is persuasive. This is based on the general duty that “a police officer does not owe a private citizen a duty to arrest any person, or otherwise protect another person against crime.” (Dem. p. 17:23‐24; see Bom v. Sup. Ct. (the People) (2020) 44 Cal.App.5th 1, 15‐16 [police officers may arrest a suspect when there is probable cause to believe the suspect committed a crime, which is withi...

Excerpt: ...are immaterial. C.C.P. § 437c(q). FACTUAL / PROCEDURAL CONTEXT Plaintiffs Sandra G. Guzman and Diana C. Guzman (collectively “Plaintiffs”) purchased a new 2014 Dodge Dart from Perris Valley Auto Center (“Dealership”) on 8/30/14. The vehicle was manufactured by FCA US LLC (“FCA”). Plaintiffs contend that the vehicle was delivered to them with defects. Dealership and FCA (collectively “Defendants”) were allegedly aware that the veh...

Excerpt: ... CSD move for judgment on the pleadings as to the remaining causes of action in the Second Amended Cross Complaint. The first cause of action for defamation is sufficiently pleaded and the Court rejects the arguments by moving party that on the face of the operative cross complaint it is evident that the statements are unpublished “opinion” that are insufficiently alleged, protected by the litigation privilege or not “of and concerning” V...

Excerpt: ...ately caused death or injury to person or property; (3) the death or injury resulted from an occurrence of the nature of which the statute, ordinance, or regulation was designed to prevent; and (4) the person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.” (Galvez v. Frields (2001) 88 Cal.App.4th 1410, 1420.) Although Defendants ...

Excerpt: ...y authorizing Maher to act on Plaintiff's behalf in regards to banking transactions. Later, Maher enticed Plaintiff to loan him money to be used exclusively to purchase and improve foreclosed properties. The properties were to be purchased by Maher and Defendant MJ Ventures, which is a joint venture between Maher and Jay Salman (“Salman”). Over time, Maher withdrew $484,900 from Plaintiff's bank account and deposited it in his own account. Fr...

Excerpt: ...et for 4‐20‐21 is continued to 6‐9‐21 at 8:30 a.m., Department 5. A supplemental declaration was filed and the meet and confer requirements has now been met. 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....

Excerpt: ...of the matters assert in those documents, including the factual findings are not entitled to notice. (Sosinsky v. Grant (1992) 6 Cal. App. 1548, 1562‐1569.) Fitness brings this Motion to consolidate this case with UDCO2100019, the UD action filed by Chase claiming that common questions of fact and law exist. Fitness contends it will suffer irreparable injury if the Court does not act immediately in that the UD action invokes summary procedure a...

Excerpt: ...ental status examination and interview of Plaintiff as well as the administration of a battery and/or series of psychological and/or psychiatric tests throughout the examination and testing period." (See, Demand, Ex. "A" to State Farm's Motion to Compel.) Petitioner must obtain leave of court to conduct a mental exam. Accordingly, the notice is defective and provides a legal basis for denial. In any event, Respondent is not making a claim for men...

Excerpt: ... specifically the value of the claims if plaintiff were to prevail completely and the reasonable likely recovery for the claims lacks detail regarding how the amounts were calculated and is vague regarding the reasons for discounting the value of each claim. It is not clear that this named plaintiff is an adequate class representative for the entire class period in light of the break in his employment. Please address this issue in any renewed mot...

Excerpt: ...tes shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The plaintiff does not allege how she falls within the class of individuals protected by this section. For instance, she does not allege that she was a participant in any program or activity conducted by the school distr...

Excerpt: .... (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) For the first cause of action under Civil Code section 1708, the fifth cause of action under Code of Civil Procedure section 366.2, the sixth cause of action under Code of Civil Procedure section 708.210, and the seventh cause of actions under Code of Civil Procedure section 22, those sections do not establish causes of action. For the second cause of action under the Fourth Amen...

Excerpt: ...ght in the form of a noticed motion to be heard no later than 21 days before the date first set for trial.” Rather than comply with that deadline, the plaintiff waited more than four months to file her motion for relief, and set it for hearing on March 8, a mere four days before her March 12 trial date. The motion also fails on the merits, for several reasons. First, the plaintiff concedes that relief under section 473 is conditioned upon the r...

Excerpt: ...who no longer have an active account. How many of the class members no longer have an active account? Does defendant have email addresses for class members who no longer have an active account? If not, how will they be notified? Assuming defendant has the means to notify class members who no longer have an active account, will these class members be charged a subscription price to re‐activate account in order to use the Super Swipes? Or should ...

Excerpt: ... terms of FCA's initial § 998 offer satisfactory, which also provided that FCA would accept the vehicle within 45 days and remit payment within 24 hours of receipt of vehicle. (Mikhov Decl., ¶17.) FCA signed and accepted the offer on 11‐12‐20. (Id.) The settlement also provided that, for purposes of motion for fees and cost, Plaintiff was the prevailing party. (Id.) Plaintiff brings this motion under CC §1794(d), seeking award of fees and ...

Excerpt: ...enue 52 [in Indio] outside of [a] … crosswalk when a presumably inattentive driver took his eyes off the road to turn around and attend to his child in the backseat ….” The driver struck and killed the decedent in the westbound lanes of Avenue 52 about a quarter‐mile east of the Avenue 52‐Monroe Street intersection. Plaintiffs are the decedent's parents. This unfortunate homicide occurred on the first evening of the 2016 Coachella Valle...

Excerpt: ...not file an opposition. On 11‐28‐29 Defendant filed a notice of non‐opposition. On 12‐3‐20, the Court granted the Motion to Compel and imposed $660.00 in sanctions (“December Order”). The Notice Ruling on the December Order shows a proof of service by mail of 12‐4‐20. The motion for reconsideration was filed on 1‐8‐21. On 10‐20‐20, Defendant propounded requests for admissions (RFAs). Plaintiff failed to serve responses b...

Excerpt: ...el by the deadline for the service of responses and objections and filed a week later, the Motion is sufficiently prompt. Merits: Bertrand propounded 60 RFAs. Counsel served a declaration in compliance with section 2033.050, which states that the number of RFA is warranted under Section 2033.040 because of the complexity or the quantity of the existing and potential issues in the case. However, other than stating that he is entitled to discovery ...

Excerpt: ...esirability of the property; (2) Defendant's knowledge of such facts and of their being unknown to or beyond the reach of the plaintiff; (3) Defendant's intention to induce action by the plaintiff; (4) Inducement of the plaintiff to act by reason of the nondisclosure and (5) Resulting damages. [Citations.]” (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 738.) With respect to the sixth cause of action, Plaintiff has failed to adequately plead mis...

Excerpt: ...ations of the second to fourth causes of action. The court grants the request to amend the first cause of action since defendants' demurrer argues that the allegations in the second to fourth causes of action are merely negligence claims already included in the first cause of action. As to the second cause of action, the claim for negligent infliction of emotional distress fails because no such separate tort is recognized in California; the claim...

Excerpt: ...icularity." (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809; Searcy v. Hemet Unified School District (1986) 177 Cal. App.3d 792, 802.) The County argues that Plaintiff' s complaint against the does not, however, contain facts particularly establishing the existence of any statutory or other type of liability it. This argument lacks merit. The elements of a civil action for false arrest are as follows: (1) That Defendant arrested Pla...

Excerpt: ... 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 emergency care by Maurico E. Castillo‐Zeledon, Ariel P. Cendejas, and American Medical Response, Inc. (collectively “Defendants”). Plaintiff contends that Defendants joked about the death of one of the drivers involved in Plaintiff's accident a...

Excerpt: ...ave to amend. As to the remaining causes of action, leave to amend is denied. Analysis: The plaintiff is estopped from complaining about the defendants' failure to meet and confer by telephone, since the plaintiff failed to list his telephone number on his complaint. And it is not reasonable to expect anyone to meet and confer in person during a pandemic. Therefore, the plaintiffs' effort to meet and confer and confer was sufficient. Even if it h...

Excerpt: ...on of Documents (Set One) [RPDs] on 6/10/20; FCA served its original responses on 7/15/20. (Dec.Lotardo ¶¶13‐14, Ex. “2”.) On its face, the motion for a protective order seems to be untimely. However, importantly, the RPDs did not specifically request the Moran Class Action documents. (Dec.Lotardo ¶13.) In fact, discussion about the Moran documents came up during meet and confer efforts concerning Plaintiff's motion to compel further res...

Excerpt: ...ted in such documents is not subject to judicial notice. (Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471.) Pursuant to Corps. Code §1304, Plaintiff asks the court “to determine or appoint one or more impartial appraisers to determine the fair market value of Plaintiff's dissenting share.” (Comp. ¶46; Prayer ¶¶12‐15.) Defendant RPN asserts an affirmative defense to this cause of action under Corps. Code §310, whi...

Excerpt: ...hearing on a writ of administrative mandamus is conducted solely on the record of the proceeding before the administrative agency. (Toyota of Visalia v. New Motor Vehicle Bd. (1987) 188 Cal.App.3d 872, 881.) If a party contends the record certified by the agency is incomplete, the appropriate remedy is a motion to augment the record. (Consolidated Irrig. Dist. v. City of Selma (2012) 204 Cal.App.4th 187, 197‐201.) CCP § 1094.5(e) provides: “...

Excerpt: ...onse and produce the responsive documents. RFP No. 2: Any and all documents referring or relating to your investigation of the Incident. Response: None. This response is not code‐compliant. Although in her Declaration Devine indicates that she searched for the documents and that the documents may have been lost during a recent move, the response does not indicate that a diligent search and reasonable inquiry were made or explain the reason for ...

Excerpt: ...zation of here medical condition to obtain state benefits, as well as to calculate plaintiff's economic damages. The court evaluates the documents sought under the narrow privacy rights standard of whether the documents are directly relevant and, even if directly relevant, the balancing of whether plaintiff's privacy rights are outweighed by Target's need for the discovery. Target has failed to demonstrate that its overbroad discovery requests ar...

Excerpt: ...e IME depends on Plaintiff giving genuine, unrehearsed answers to Dr. Filanosky's questions. (Motion, Dec.Traver ¶8.) While Plaintiff may have requested the test questions prior to the IME, Plaintiff has not made this particular argument in the Opposition and expressly states in the Opposition that he is not asking for the tests ahead of time. (Oppo. p. 4:10.) Johnson's assertion that Plaintiff's responses to questions must be genuine and unrehe...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...t Ryder acted with a discriminatory animus. Specifically, Plaintiff presents evidence that Ryder's stated reason for terminating his employment – that Miles left a job site without permission – is false. Kyle Farden, Miles' coworker, testified that Miles never left the job in question because Miles was working with Farden the entire time he was at the jobsite. (Farden Depo. 87:12‐88:4.) Plaintiff also provides evidence that Robinson said th...

Excerpt: ...he SAC, to which Defendant did not demurrer. “Once filed, an amended pleading making substantive changes supersedes the original.” (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial, §6:688 (Rutter Group 2020).) So, the real issue is whether substantive changes were made between the TAC and the SAC. Defendant does not point to any. Accordingly, there is no indication that the filing of the TAC is improper as to this Defendant. In supplem...

Excerpt: ...utstanding amount owing on a loan given to Michael Johnson, who died in July 2019 and was the owner and operator of two art galleries known as “Michael Johnson Fine Arts” and “California Watercolor.” (FAC, ¶2.) Amanda Johnson and Nick Johnson, respectively the surviving spouse and son of Michael Johnson, are successors in interest to the assets, personal property, painting and watercolors of Michael Johnson, Michael Johnson Fine Arts, an...

Excerpt: ...ology, Inc v. State of California (2005) 129 Cal.App.4th 887, 901‐903.) Promissory estoppel has been applied to actions by a general contractor to recover damages incurred as a result of its reasonable reliance on a subcontractor's mistaken bid. (C&K Engineering Contractors v. Amber Steel Co., supra, 23 Cal.3d at 7; Drennan v. Star Paving Co. (1958) 51 Cal.2d 409, 413‐414.) “This principal is applicable to a proposed subcontractor (promisor...

Excerpt: ... to the alleged date. Here, the Complaint was not filed in close proximity to April 12, 2020, therefor, it was not timely filed under the one‐year contractual limitations period set forth in the insurance policy. However, Judicial Council of California, Emergency Rule 9, provides, in pertinent part, “Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2...

Excerpt: ...ails to make any effort to describe how it could be amended to state a cause of action. Accordingly, the demurrer is sustained without leave to amend. Second Cause of Action: The plaintiff has failed to allege facts demonstrating the existence of a dispute regarding the application of Government Code sections 65582, 65583, and 65589.5 to the City's actions. Therefore, the demurrer is sustained. Section 65582 is merely a list of definitions. It ne...

Excerpt: ... as to the third cause of action, intentional infliction of emotional distress. The court grants Defendant's request for judicial notice as to Exhibit A, but not judicial notice of the truth of its contents. The court grants the request for judicial notice as to Exhibit B. For the first cause of action, Plaintiffs allege no facts showing that Defendant had a mandatory duty to preserve Plaintiffs' “quasi‐property” rights to decedent's remain...

Excerpt: ...as alleges that beginning on 1/27/15 she entered into a series of fee agreements with Defendant, Nathan Mubasher, for him to represent her in several matters concerning her former counsel's alleged legal malpractice; emotional distress she allegedly experienced while dining at Sizzler; investigation of an individual Plaintiff identified as someone she believed molested her; and general legal advice. She alleges that Mubasher was uncommunicative a...

Excerpt: ...ed injuries from a fall while he was inspecting a backhoe he was interested in purchasing at an auction site owned by Defendant RBA. The Complaint was filed on August 29, 2019, against Defendants RBA, Joy 2001 Inc., and Jose Gonzalez, alleging three causes of action: (1) Motor Vehicle; (2) General Negligence; and (3) Premises Liability. The allegations in Plaintiff's form Complaint are short and brief: “On 9/22/2017 at or near Ritchie Brothers ...

Excerpt: ...arranting relief. FACTUAL / PROCEDURAL CONTEXT Plaintiff homeowner's association Pacific Moreno Valley, Inc. (“HOA”) commenced this action on March 8, 2019, alleging defendant Angela Fleming aka Angela Foster (“Defendant” or “Fleming”) embezzled funds from the HOA as the Board President. The Complaint alleges causes of action for 1) conversion/embezzlement; 2) fraudulent concealment; 3) breach of fiduciary duty; 4) negligence per se; ...

Excerpt: ...ontinuance” appears to be a record of an official act of the executive, judicial or legislative departments of the state of New York, and thus of document that could be judicially noticed (Evid. Code, § 452, subd. (c)), it is not relevant to this motion. The request is denied on that basis. To the extent that the plaintiff relies upon it to establish the defendant's “own internal policies” (Oppo., p. 3), those policies are not subject to j...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ... such that liability and damages be bifurcated. The Court grants the motion only as to “design immunity,” and will reserve ruling on any of the other issues raised in the motion until conclusion of the design immunity bench trial. “A major objective of bifurcated trials is to expedite and simplify the presentation of evidence.” (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 888.) “[T]he court may, when the convenience of witnesse...

Excerpt: ... necessary and does not accept their assumption that F/ETCA would not have vigorously defended the Settlement Agreement and Protective Agreement. Even if a party meets the criteria for an award of attorney fees under CCP section 1021.5, the court may deny fees as against a litigant “who did nothing to adversely affect the public interest.” (Save Our Heritage Organisation v. City of San Diego (2017) 11 Cal.App.5th 154, 160‐161.) Even assumin...

Excerpt: ...ions in the complaint must be accepted as true. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Plaintiff alleges that its insured owned the Quality Inn that was damaged in the fire. (SAC, ¶4) and that the fire started in Fire Origination Property, which was owned, maintained and controlled by Caltrans. (Id at ¶9.) Plaintiff asserts that the fire occurred because Caltrans deliberately designed, constructed, opera...

Excerpt: ...05, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) If judicially noticeable records disclose an absolute defense to the action or deficiency in the complaint, the matter can be adjudicated at the demurrer hearing. (Bistawros v. Greenberg (1987) 189 Cal.App.3d 189, 192.) Defamation/Public Disclo...

Excerpt: ...rcial insurance policy from Defendants USIC and White. On March 17, 2016, Plaintiffs performed window cleaning services for customer William Nicholson. On March 8, 2018, Nicholson filed a negligence action against Plaintiffs alleging that Plaintiffs left permanent scratches on all of the windows that were cleaned. On May 5, 2018, Plaintiffs formally tendered the Nicholson trial defense and indemnity to USIC. On May 8, 2018, Defendants denied cove...

Excerpt: ...der or dependent adult (if the plaintiff alleges oppression, fraud or malice) or with conscious disregard of the high probability of such injury (if the plaintiff alleges recklessness) [citations].” (Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 406‐07.) Plaintiff must allege with particularity the reckless, oppressive, or malicious conduct. (Id. at 410.) To impose elder abuse damages and attorney fees on an emplo...

Excerpt: ...vil Code section 52, the Unruh Act, authorized fee award to a person “denied the rights provided in Section 51, 51.5, or 51.6.” (Id. at 490.) Based on that language, the court rejected Doran's entitlement to attorney fees because the legislative history of the fee shifting statute demonstrated that the intent was to impose liability for attorney fees on “only violators of the Unruh Act”. (Id. at 491.) Because the accepted offer was silent...

Excerpt: ...s is resolved, the tentative is as follows: The Court grants the motion for trial preference. The Court orders counsel to appear to select a trial date within 120 days. FACTUAL / PROCEDURAL CONTEXT Plaintiff Donna Pucio alleges that on 12/6/18 she was driving with Plaintiff Sieglinde Lakshin as a passenger on westbound Route 60 when Defendant Jesus Bautista Loya, who was driving eastbound, lost control when he came into contact with a flooded are...

Excerpt: ... may be awarded in the action or special proceeding. For the purposes of this section, ‘attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract.” C.C.P. § 1030(a). In the motion, the defendant must show that the plaintiff resides out of the state and that there is a reasonable possibility that it will obtain judgment in the action. The majority of Plaintiff's ...

Excerpt: ...rmance cause of action is premised on an alleged option to purchase attached to a commercial lease agreement. (Exhibit A to the Notice of Errata.) Plaintiff has not provided any legal authority that an option to purchase is the same as an installment land sale contract/real property sales contract as contemplated by Civil Code § 2985. There is no contract to purchase property between the parties. Rather Plaintiff is seeking to enforce an option ...

Excerpt: ...vocable license; (3) estoppel; (4) breach of contract; (5) quantum meruit; and (6) specific performance. Plaintiff's complaint, at its core, seeks to enforce agreements that are unenforceable with a public entity in the absence of City Council approval. Plaintiff's opposition fails to demonstrate any approval by the City Council of his alleged oral agreement and this court cannot force the City to abide by the terms of an agreement it did not app...

Excerpt: ...s through television commercials and internet ads, as alleged in the operative complaint. Because Defendant sought summary judgment (not summary adjudication), the presence of any triable issue requires denial of the motion. (Homestead Sav. v. Sup. Ct. (Dividend Develop. Corp.)(1986) 179 Cal.App.3d 494, 498.) Evidence: GRANT Defendant's request for judicial notice. SUSTAIN Plaintiff's evidentiary objection nos. 1‐11. Plaintiffs objects to state...

Excerpt: ...TUAL / PROCEDURAL CONTEXT Plaintiff Daelani Griffin (“Daelani”) was enrolled as a student of Defendant Riverside City College1 and Riverside Community College District (collectively “RCC”) during the 2017 academic year. In 2018, Daelani and her mother, Plaintiff Tia Griffin (“Tia”) moved to Fresno. The family returned to Riverside in spring of 2018, at which time Daelani enrolled in Defendant Fullerton College (“Fullerton”), which...

Excerpt: ... Plaintiff or issued by the court. The court takes judicial notice pursuant to Evidence Code Sections 452© and (d)(1) as requested by Defendant, specially appearing, as to the following: 1. Notice of Determination dated June 3, 2020, for the Legado project, issued by the City of Menifee. 2. Notice of Determination dated June 17, 2020, for the Legado project issued by the City of Menifee. 3. The Case Report for Case No. RIC 2003534. 4. The compla...

Excerpt: ...irst and second causes of action, age discrimination and age harassment, Plaintiff failed to exhaust administrative remedies. Plaintiff filed the original Department of Fair Employment and Housing (DFEH) complaint on February 23, 2018. That complaint makes no allegations of age discrimination. (Defendants' Request for Judicial Notice (RJN) Ex. B.) Plaintiff says nothing about age until he amends the DFEH complaint on February 8, 2019. (Defendants...

Excerpt: ...uses of action as they related to damages sought by Nationwide and denied summary adjudication as to the first through forth causes of action in the First Amended Cross Complaint as they related to Government Code section 835 damages, sought by Sun World. In this motion, Woodspur seeks summary judgment, or adjudication as to IID's first through fourth causes of action as they relate to Government Code section 835 damages sought by Sun World. As t...

Excerpt: ...Defendants also represented in their responses that they would provide supplemental objections and responses once Plaintiff complied. On 7/17/20, the parties subsequently met and conferred on the discovery with Plaintiff noting it would be forced to file motions to compel if Defendants did not provide supplemental responses. (Exhibit E to Jolly Dec. in support of the Opposition.) Defendants' responded the next day but the parties did not speak un...

Excerpt: ...ibe the process as it existed at the time that the plaintiff asked that her vehicle be repurchased or replaced. It is granted as to Interrogatory #42. The defendant shall serve supplemental responses without objection to #41 as limited and #42 within 15 days. Analysis: The defendant served supplemental responses to Interrogatories 14, 25, 43, 51, and 53 after the motion was filed. Therefore, the motion is moot as to those interrogatories, and is ...

Excerpt: ...stay orders from the United States District Court for the Western District of Texas San Antonio Division in Case No.18‐CV‐462. Receiver's motion to intervene is made under Code of Civil Procedure section 387, subdivisions (d)(1) and (d)(2). In its proposed complaint in intervention, the Receiver seeks a declaration from this Court finding that (1) ISI has not breached a sub‐subcontract construction agreement between ISI and Plaintiff Budget...

Excerpt: ...e City of Eastvale in Riverside County. The news story did not include the name of the victim. The same day, Petitioner emailed a California Public Records Act (CPRA) request to the Department, which provided a link to a KTLA news story concerning the arrest of Victor Manuel Lopez for an alleged burglary of an Eastvale home. (Pet., Ex. A.) The records request included the date of the burglary and indicated that the crime occurred on the 5500 bloc...

Excerpt: ...ere not relevant to determination of the motion. As to Plaintiff's request, denied as the item is not relevant to determination of the motion. The party moving for summary judgment bears the burden of persuasion. (Aguilar v. Atlantic Richfield Company (Aguilar) (2001) 25 Cal.4th 826, 855.) A defendant can meet his initial burden by showing that on or more elements of the cause of action cannot be established, or that there is a complete defense. ...

Excerpt: ...members and employees of the plaintiff's counsel's firm and any consultants or expert witnesses the plaintiff may retain, and then only for purposes of this litigation. In all other respects the motion is denied. Analysis: Background Questions. Plaintiff fails to cite to any authority entitling him to these questions in advance of the examination. While Plaintiff seeks to shorten the exam and limit possible exposure to Covid‐19, there is no sho...

Excerpt: ...County, CA, identified as Assessor Parcel No. 519‐371‐039 (the Property.) On 10/19/20, although that motion was unopposed, the Court found that the information was stale as the last time a representative from the County had observed the Property was in April of 2020. The Court then continued the hearing to December 1, 2020 and set a briefing schedule. The matter was continued again based on the declaration of Attorney Hasan, who indicated tha...

Excerpt: ...1; 4. Judge Harmon's ruling on the demurrer dated January 22, 2021; and 5. Declaration of Tom Macomber submitted in support of Plaintiff's Opposition to Defendant's Ex Parte Application for an Order Relating Cases dated February 12, 2021. The court takes judicial notice of these documents under Evidence Code §452(d). Grant. II. Evidentiary Objections to Verified Complaint Defendants object to the complaint verified by Tom Macomber, President of ...

Excerpt: ...ceable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 113.) The County requests the court take judicial notice of two exhibits: 1) “Ruling from Smelser I” [RIC 2003097] and the original petition plus attachments filed in Smelser I; and, 2) “Riverside ...

Excerpt: ...t Staybridge Suites Cathedral City from November 13‐ 17, 2017. Plaintiffs allege few facts regarding the actual incident other than that they began to experience itching on the 14th; that they did not know what was causing the itching when they checked out; that on the 18th after noticing bite marks Ms. Famulak notified the hotel about the bedbugs; that the general manager later called and confirmed that Plaintiffs' room was in fact infested wi...

Excerpt: ...ues identified by the Court in its order sustaining, in part, the last demurrer. The First Amended Complaint alleges, among other things: • Defendant knew of the bed bugs in the unit before it was rented to Plaintiffs, but the information was not shared with Plaintiffs. • Plaintiffs complained about the bed bugs to Linda the manager within a few days of moving into the unit. • Defendant ineffectively treated the unit on 2/8/18, 2/15/18 and ...

Excerpt: ...s liable for injury caused by his or her acts or omissions to the same extent as a private individual. Plaintiff argues these statutes in the opposition, but does not allege liability under these statutes in this cause of action. Even if Plaintiff were to amend the Second Amended Complaint (SAC), Plaintiff's allegation would be that the District was vicariously liable for the negligent hiring and supervision of the employees who failed to supervi...

Excerpt: ...l be supported: by a notice of motion that identifies – by name of the declarant and, if not filed concurrently with the motion, by date of filing – all declarations on which the motion relies; by a memorandum of points and authorities; and by a Compliance Chart as ordered on 10‐30‐18. All declarations on which the motion relies shall be made on personal knowledge and shall be executed in compliance with Code of Civil Procedure section 20...

Excerpt: ...ing party must first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) Factual / Procedural Context: Plaintiff Kenya Morales alleges that on 11/22/16, she leased a 2017 Acura TLX manufactured/distributed by Defendant American Honda Motor Co., which contained defects in the engine, steering, lighting system, ignition system, and body system. Plaintiff filed her complaint on 3/18/20 for: (1) Civil Code §1...

Excerpt: ...dant shall serve further responses to Request Nos. 71, 72, and 77 without objection in 30 days. With respect to the evidentiary objections to the declarations of Matthew Fyie and John Southerland, the Court declines to rule on the objections as they were not determinative of the rulings below. On its own motion, in order to avoid further litigation in the future, the Court orders that before filing a discovery motion that requires a meet‐and‐...

Excerpt: ...ve him although some of his families members were involved. A motion to quash a subpoena may be granted on the ground that the matters sought to be discovered are not privileged, protected, or beyond the scope of discovery. (CCP §§ 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “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 t...

Excerpt: ...ve him although some of his families members were involved. A motion to quash a subpoena may be granted on the ground that the matters sought to be discovered are not privileged, protected, or beyond the scope of discovery. (CCP §§ 1987.1(a); 2017.010; Rudnick v. Superior Court (1974) 11 Cal.3d 924, 929.) “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 t...

Excerpt: ...dant shall serve further responses to Request Nos. 71, 72, and 77 without objection in 30 days. With respect to the evidentiary objections to the declarations of Matthew Fyie and John Southerland, the Court declines to rule on the objections as they were not determinative of the rulings below. On its own motion, in order to avoid further litigation in the future, the Court orders that before filing a discovery motion that requires a meet‐and‐...

Excerpt: ...ing party must first request an informal discovery conference (IDC). (Code Civ. Proc., §§ 2016.080, subd. (a).) Factual / Procedural Context: Plaintiff Kenya Morales alleges that on 11/22/16, she leased a 2017 Acura TLX manufactured/distributed by Defendant American Honda Motor Co., which contained defects in the engine, steering, lighting system, ignition system, and body system. Plaintiff filed her complaint on 3/18/20 for: (1) Civil Code §1...

Excerpt: ...ues identified by the Court in its order sustaining, in part, the last demurrer. The First Amended Complaint alleges, among other things: • Defendant knew of the bed bugs in the unit before it was rented to Plaintiffs, but the information was not shared with Plaintiffs. • Plaintiffs complained about the bed bugs to Linda the manager within a few days of moving into the unit. • Defendant ineffectively treated the unit on 2/8/18, 2/15/18 and ...

Excerpt: ...s liable for injury caused by his or her acts or omissions to the same extent as a private individual. Plaintiff argues these statutes in the opposition, but does not allege liability under these statutes in this cause of action. Even if Plaintiff were to amend the Second Amended Complaint (SAC), Plaintiff's allegation would be that the District was vicariously liable for the negligent hiring and supervision of the employees who failed to supervi...

Excerpt: ...t Staybridge Suites Cathedral City from November 13‐ 17, 2017. Plaintiffs allege few facts regarding the actual incident other than that they began to experience itching on the 14th; that they did not know what was causing the itching when they checked out; that on the 18th after noticing bite marks Ms. Famulak notified the hotel about the bedbugs; that the general manager later called and confirmed that Plaintiffs' room was in fact infested wi...

Excerpt: ...l districts are not business establishments under the Unruh Act”].) The court finds no reasonable possibility that Plaintiff can allege facts that would show that the individual defendants would be liable under the Act. For the fourth and seventh causes of action, because demurring defendants are amended Doe defendants, the Second Amended Complaint does not allege that they are teachers or coaches or what other position they held. The court fin...

Excerpt: ...o sufficiently identify the cause of action which is the subject of the motion and instead improperly seeks summary adjudication of “issues.” Page 3 of 5 To the extent Cross‐Complainant seeks summary adjudication of the conversion cause of action, Cross‐Complainant's own evidence shows triable issues of fact as to each element of conversion. A motion for summary judgment seeks adjudication as to the entire action, and the moving plaintiff...

Excerpt: ...471, 487.) Pursuant to Cal. Rules of Court, Rule 3.1324(a), a motion to amend a pleading before trial must include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous pleadings and must state what allegations are to be added or deleted. (CRC 3.1324(a)(1)‐(3).) The motion must also be supported by a separate declaration. The declaration must specify: (1) the effect of the amendment; (2) why ...

Excerpt: ...z (“Defendant”). On January 22, 2019, the parties reached a settlement under which Defendant would be permitted to purchase Plaintiff's interest in the subject property. A disagreement with respect to the timing of payments subsequently arose, and Defendant moved to enter judgment under CCP § 664.6. The court granted the motion and entered judgment (the “Judgment”) on August 9, 2019 based upon the terms that the parties previously placed...

Excerpt: ...o the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” C.C.P. § 664.6 is inapplicable because the court lacks jurisdiction to apply C.C.P. § 664.6 unless the dismissal is set aside. Once a lawsuit is dismissed, the court only has jurisdiction to enforce a settlement under C.C.P. § 664.6, if the parties ...

Excerpt: ...e (no. 1174) that substantially restricts short‐term rentals (“STRs”) within the city. The ordinance is not a model of drafting clarity, but it appears to ban STRs of “twenty‐seven consecutive calendar days or less” for any single‐family residence not within a common interest development (“CID”). (Civ. Code, §§ 4000, et seq.; City of Rancho Mirage (“CRM”) ordinance no. 1174, §§ 3.25.010 (“Applicability”), 3.25.030 (�...

Excerpt: ...ional Infliction of Emotional Distress; 5. Negligent Infliction of Emotional Distress; 6. Breach of Contract; and 8. Breach of Covenant of Quiet Enjoyment. Defendant previously moved to strike punitive damages allegations and prayers for relief, which this court has granted with leave to amend. Once again Defendant moves to strike similar portions of the SAC on the grounds that the allegations are not based on ultimate facts, are conclusory, and ...

Excerpt: ... 283, 289. ) The right to privacy is not absolute and even private information can be disclosed in some circumstances. The court must carefully balance the right of privacy against the need of discovery. (Britt v. Superior Court (1978) 20 Cal.3d 844, 855‐856.) How compelling the discovery need must be will depend on the importance of the privacy interest involved. (Davies v. Superior Court (1984) 1412, 1432.) Personal information can be ordered...

Excerpt: ..., which operates a wine bar in the City if Palm Desert, entered into a commercial lease (the “Lease”) with Defendant on March 30, 2018. (Complaint, ¶¶ 1‐2, 5.) Plaintiff commenced operation in January 2019 and remained in continuous operation until March 2020. (Id., ¶ 6.) On March 4, 2020, a state of emergency was declared for the State of California because of the threat of the COVID‐19 virus. (Id., ¶ 7.) On March 11, 2020, the World...

Excerpt: ... reduced to the rates applied to the Knight attorneys as follows: • Wirtz: $550 • Underwood: $250 • Rotman: $300 • Barns: $300 • Chavez: $200 • Evans: $200 • Munoz: $150 • Chambers: $100 Defendant argues that the excessive number of attorneys indicates overstaffing and duplication. A court may reduce fees where it is unreasonable to have so many attorneys staffing a case in a non ‐complex case. (Morris v. Hyundai Motor America (...

Excerpt: ...t bound by the amount sought by a prevailing defendant and has discretion to award them a lesser sum. Id. Only those attorneys' fees and costs incurred on the special motion to strike are recoverable. Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 30 Cal.App.4th 1379, 1383. “[A] party who partially prevails on an anti‐SLAPP motion must generally be considered a prevailing party unless the results of the motion were so insignific...

Excerpt: ... Court's tentative is to dismiss Defendant Shawn Barrios pursuant to that OSC. BACKGROUND FACTS On or about October 2, 2019, Plaintiff Indressano filed his Complaint seeking damages allegedly incurred as a result of the subject incident. On or about January 15, 2020, Defendant Bravo timely filed an Answer and discovery commenced. Defendant Bravo filed several motions to compel, (Request for Production of Documents, Form and Special Interrogatorie...

Excerpt: ...ode Civ. Proc., § 430.60), a special demurrer for uncertainty fails if it does not specify in what particulars the pleading is uncertain (Fenton v. Groveland Community Services Dist. (1982) 135 Cal.App.3d 797, 809), either in the demurrer itself (Coons v. Thompson (1946) 75 Cal.App.2d 687, 690) or in the memorandum of points and authorities supporting the demurrer (Fenton, p. 809). Even if they identify the purported uncertainties, special demur...

Excerpt: ... & Grill (2005) 36 Cal.4th 224, 237.) Foreseeability of the risk does not necessarily turn on whether the same type of activity or event already occurred on the premises. Rather, the issue is whether, in light of the all the facts and circumstances, the landlord had reason to anticipate the general character of the event or harm, not its precise nature or manner of occurrence. (Isaacs v. Huntington Memorial Hospital (1985) 38 Cal.3d 112, 129.) Th...

Excerpt: ...based on plaintiff's failure to timely exhaust his administrative remedies is sustained. Plaintiff argues in his opposition that he is entitled to the application of either equitable tolling or equitable estoppel to extend the time for exhaustion of remedies, but there are no facts pled in the complaint to support those arguments. Plaintiff is granted 20 days' leave to amend. In addition, the demurrer to the first and fifth causes of action for f...

Excerpt: ...) Negligence, (2) IIED, (3) Public Nuisance, and (4) Fraudulent Concealment arises out of bed bug bites suffered by Plaintiff when she was a guest at Defendants' Embassy Suites hotel in Palm Desert for two nights beginning June 22, 2016. Plaintiff alleges that she suffered bedbug bites the first two nights of her stay in room 335, after which she complained about the bedbugs and was moved to a different room, 330. Plaintiff has at least pled suff...

Excerpt: ...ur Reply To Motion To Contest Application For Good Faith Settlement Determination. Court finds that Murphy has still not submitted any evidence of Plaintiff's total damages as required under Tech‐Bilt v. Woodward‐Clyde (1985) 38 Cal.3d 488, 499. The factors to be considered under Tech‐Bilt include, “ a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation...

Excerpt: ...Court to conduct an Informal Discovery Conference (“IDC”) prior to the filing of the motion. FACTUAL / PROCEDURAL CONTEXT This is a vehicular collision case. On April 12, 2018, Plaintiff Rony Hay (“Plaintiff”) was a passenger in a Toyota Corolla on the 91 freeway. A vehicle driven by Defendant Hayley Claire McIntyre (“McIntyre”) collided with the Corolla. McIntyre was allegedly driving at an excessive rate of speed and was unable to s...

Excerpt: ...laint might be barred.” (Roman v. County of Los Angeles (2000) 85 Cal.App.4th 316, 324.) For a Song‐Beverly Act violation, the statute does not include its own statute of limitations. (Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1305.) Accordingly, Commercial Code §2725 governs the applicable statute of limitations. (Id. at 1305‐1306; Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 132.) Section 2725 states ...