Excerpt: ...ligence, (2) medical negligence, (3) fraud and (4, 5) dependent adult abuse arises out of the development of decubitus by Plaintiff Maria Alamanza, a comatose quadriplegic patient, while in the care of Defendants Desert Regional Medical Center, Inc. and Indio Nursing and Rehabilitation Center, Inc. Plaintiff alleges that immediately after the automobile accident that rendered Almanza quadriplegic she was transported to DRMC. Plaintiff refers to D...

Excerpt: ...safeguarded the premises and/or sidewalk at or near 155 S Palm Canyon Dr., Palm Springs, CA 92262, such that unmarked, exposed, protruding and nonoperational pipes, sprinklers and/or light fixtures were allowed to exist and be left in disrepair. Defendants failed to barricade the area and/or to warn of the dangerous condition, rending the area of said premises dangerous and resulting in serious bodily injury to the Plaintiff in the following mann...

Excerpt: ...use as to why sanctions should not be imposed on the plaintiff for the failure to dismiss the settled action. The OSC was returnable on 1‐15‐20, and expressly defined “sanctions” to include dismissal. The OSC also advised the plaintiff that RSC Local Rule 3116 required the plaintiff to file a declaration five calendar days in advance of the return date in order to avoid any sanctions. Five calendar says before the return date of the OSC w...

Excerpt: ...123 Cal.App.3d Supp. 11 (App. Dep't Super. Ct. 1981).) This does not mean that a court ignores other “interests of justice as to parties. (See Barquis v. Merchants Collection Assn. (1972) 7 Cal. 3d 94.) But in a “convenience of witnesses” motion under Code of Civil Procedure section 397, subdivision (c), the moving party has the burden of proof. (Hamilton v. Superior Court (1974) 37 Cal.App.3d 418.) Moreover, a corporate defendant seeking c...

Excerpt: ...ary 2018. This motion was filed more than one year later. Waiver is a question of fact which must be judged on all the facts and circumstances of the case. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 982‐84.) The law favors arbitration, and waiver will not be “lightly inferred.” The party claiming the other waived the right to arbitrate “bears a heavy burden of proof.” (Saint Agnes Med. Ctr. v. PacifiCare of Calif....

Excerpt: ...Admission. Code of Civil Procedure section 2033.280 provides: “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:…(b) the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010 ). Sanctions are impos...

Excerpt: ...ppropriate way or had any concern after watching the dogs interact with non‐family members. (UMF 6‐12 and Plaintiffs' response thereto.) The burden shifted to Plaintiffs, but Plaintiffs failed provide any evidence that Defendants had actual knowledge of any dangerous propensity of the dogs. Further, Defendants are not vicariously liable for the alleged negligent acts of the tenants in allowing the dogs to be unleashed in the front yard. Court...

Excerpt: ...ke is moot. FACTUAL / PROCEDURAL CONTEXT This is a legal malpractice case. Plaintiff Mark Borden alleges defendants Lalah Ensafi and Newport Law orally agreed on December 16, 2016 to represent him in a wrongful foreclosure case (Case No. PSC1606284) and provide him with legal services. (First Amended Complaint, ¶ 10.) On May 23, 2017, they brought in attorney Christopher Beckom to assist in the case, without Plaintiff's knowledge or consent. Pla...

Excerpt: ...that Fresh Start had knowledge that Plaintiff did not have the ability to find out about the undisclosed fact before they moved in. (Second Amended Complaint, ¶¶ 233, 237, and 242.) Plaintiffs identify in the complaint who at Fresh Start knew about the bedbug infestation. (Second Amended Complaint, ¶ 234.) Fresh Start allegedly knew about the bedbug infestation from the tenant who occupied the rental before Plaintiffs and who sued Fresh Start ...

Excerpt: ...e.” On its face, the statute applies retroactively, since the term “lifetime” can apply to something existing both before and after Measure J was adopted. Petitioner argues that Government Code § 36502 governs the scope of term limits for charter cities, such as Indian Wells, and 36502 provides that term limits may only apply prospectively. The City argues that it has the general authority under the California Constitution, Art.XI, sec. 5(...

Excerpt: ...defendant. Nevertheless, the motion addresses only the first cause of action. Because the motion does not attempt to show that there is no triable issue of material fact as to the second cause of action, the motion for summary judgment fails. The motion for summary adjudication relies on the declaration of an expert, Dr. Ricci, who in turn relies upon medical records describing what Dr. Farag did and did not do. In light of Ricci's reliance on Fa...

Excerpt: ...disposed. Denied as to summary adjudication. Moving party has not met its burden of producing evidence to show there is no triable issue of material fact on the causes of action, affirmative defense, claim for dames or issue of duty. As to summary judgment: Defendants argue that Plaintiffs cannot succeed on a breach of contract claim because the underlying contract violates Bus. & Prof. Code §16600 and is therefore void. Defendant relies heavily...

Excerpt: ...terest that overcomes the right of public access to the record.” 2. Whether “[t]he overriding interest supports sealing the record.” 3. Whether “[a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.” 4. Whether “[t]he proposed sealing is narrowly tailored.” 5. That “[n]o less restrictive means exist to achieve the overriding interest.” Here, the defendants have set forth ...

Excerpt: ... the case could be heard before the Riverside County Bar Association for fee arbitration. The arbitrator awarded a refund to Barret and Seki in the amount of $ 38,084.84. That amount was never paid by the Griscom who filed an objection and request for trial de novo. The parties then met on October 9, 2013, and executed a binding settlement agreement, under Code of Civil Procedure § 664.6. (Motion, Ex, A.) Under the agreement, the parties “stip...

Excerpt: ... the court. (See Scruton v. Korean Air Lines Co. (1995) 39 Cal.App.4th 1596, 1604.) Until a petition for approval is presented to the court and granted, any settlement agreement is voidable by the minor or the minor's guardian ad litem (Id. at 1603, 1605.) On October 8, 2019, at the hearing on the petition to approve the minor's compromise, the Probate Court asked Plaintiff's why a settlement of $127,000 was reasonable and commented that this cas...

Excerpt: ...ning of section 3294 of the Civil Code. In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences.” (Taylor v. Superior Court of Los Angeles County (1979) 24 Cal.3d 890, 895‐896.) “One who willfully consumes alcoholic beverages to the point of intoxic...

Excerpt: ...ation of whether an employee's actions are within the scope of employment is a trial issue of fact when conflicting evidence has been presented. (Farmers Ins. Group v. County of Santa Clara (1995) 11 Cal. 4th 992, 1004‐1005; Perez v. Van Groningen & Sons (1986) 41 Cal. 3d 962, 968.) On one hand, it is startling event that might be beyond scope of employment, for an employee to assault a customer, but on the other hand, the risk may not complete...

Excerpt: ... Ltd. v. Fair (2014) 232 Cal.App.4th 974, 984‐985 (citing holding of Levy v. Superior Court, supra, 10 Cal.4th at p.586.).) CCP §664.6 and the accompanying case law is clear – the court can only enter judgment from a written stipulation where the agreement is signed by the parties themselves. Here, the stipulation was not signed by the parties and thus was not, and could not have been, entered by the court. Accordingly, the previously signed...

Excerpt: ...y stage of investigating the claim of Plaintiff who previously suffered from osteoporosis and degenerative disc disease. It is undisputed that Plaintiff's RFA was propounded early in the case. It does not appear that further attempt was made by Plaintiff to gain further information as the case progressed (i.e. propound further discovery on the issue) nor did he move to compel further response if he believed the response was evasive or incomplete....

Excerpt: ...nsurance Company is the workers compensation carrier for KDI Elements. KDI Elements was a subcontractor for Lusardi Construction Company (“Lusardi”) on a project at Big Horn Golf Club. While working on this project, Jose Navarro, an employee of KDI Elements, injured himself after he tripped and fell over cardboard left on the job site. Plaintiff was required to pay Navarro for his injuries. Plaintiff has brought this lawsuit against Lusardi, ...

Excerpt: ... the county, the owner appeared ex parte and obtained a temporary restraining order, preventing the enforcement of the warrant, and an OSC. The order to show cause asks why a preliminary injunction should not be issued. A preliminary injunction seeks to preserve the status quo until a trial is conducted on the Page 4 of 4 merits of the competing claims. But the County's present action is very limited in scope, and seeks nothing but the issuance o...

Excerpt: .... CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348. Plaintiff Daniel Gonzalez (“Plaintiff”) filed the complaint in this wage and hour class action on March 17, 2020 and the operative first amended complaint (“FAC”) on June 1, 2020 against defendant CR&R Inc. (“Defendant”). Plaintiff alleges that he worked as a driver for Defendant for approximately fourteen years until his termination on December 2019. (FAC, ¶ 13.) The FAC s...

Excerpt: ...ntiffs are stockholders in Green America, Inc. Determination of Plaintiffs' shareholder status is a dispositive issue that reasonably could lead to settlement of the remaining issues, and could save trial time, be a convenience to witnesses, facilitate economy and efficiency in handling the litigation and serve the ends of justice. Under CCP §§ 598, and 1048(b) such are primary considerations for the court in ruling on this type of motion. Finl...

Excerpt: ...s favor each claim in IID's FACC seeking equitable indemnity, implied indemnity, contribution, apportionment, or declaratory relief from Woodspur arising from Nationwide's subrogation action, or the Sun World FACC as it relates to the Nationwide subrogation action (causes of action 1‐3 in the Sun World FACC). Adjudication is denied as to the remaining claims seeking equitable indemnity, implied indemnity, contribution, apportionment, or declara...

Excerpt: ...und Ramon Road onto the westbound Ramon Road where she was struck by a car that was street racing while heading West on Ramon Road. Plaintiff alleges the following: Ramon Road at and around where the INCIDENT occurred (referred to herein as "ROADWAY") is an east/westbound road, with three lanes of traffic in each direction and a cement center median with a curb and vegetation. The PREMISES is located on the south side of the ROADWAY, approximatel...

Excerpt: ...erated by defendants Integrated Care Communities, Inc. and California Drug Consultants, Inc. dba Integrated Care Communities – A1 (“Defendants”) and at which she resided started June 29, 2018, failed to provide adequate care and attention to her basic needs, causing her to suffer from pressure sores, dehydration and other health conditions. Plaintiff filed the Complaint by and through her attorney‐in‐ fact, Carla Singleton, on October 2...

Excerpt: ... 6 This FAC for: (1) Fraud, (2) Breach of Contract (Oral Consulting), (3) Breach of Contract (Written Confidentiality and Non‐Circumvention), (4) Conversion, (5) Violation of Penal Code § 496, (6) Breach of Fiduciary Duty and (7) Rescission is based upon allegations that Plaintiff Accucash Holdings, LLC entered into three Contracts with Defendant Peter Wagner related to opening what appears to be a cannabis product manufacturing business. The ...

Excerpt: ...rt and before two different judges. The parties need to obtain an order consolidating the two cases or, alternatively, an order allowing Mr. Greene to be added to this case and an order dismissing RIC 1703773. The second amended complaint in this matter discusses freight and prep fees. Mr. Greene's complaint generically discusses undisclosed fees charged. The proposed notice discusses improper freight, dealer preparation, manufacturers installed ...

Excerpt: ...erated by Defendant Avneesh Gill. Plaintiff and Defendants Gill and Hertz have entered into a settlement agreement in the sum of $15,000. Defendants Gill and Hertz seek this court's determination of good faith settlement on the grounds that $15,000 represents the full amount of the policy limits available for the accident. In support of their motion Defendants Gill and Hertz submitted the declaration of Attorney Shirley Bridwell and Defendant Avn...

Excerpt: ...area of concern or discussions pertaining to other situations similar to the cause of death here. As authored, the request is so broad that conceivably the responding party would provide unlimited revelation of it's Board's discussion. RFP40: The Motion is DENIED under EC1157. However, Defendant must provide privilege log and is so ordered to do so. Discovery of documents relating to mock survey may be prohibited under Evidence Code section 1157....

Excerpt: ... the party must state they made a reasonable inquiry to obtain sufficient information. Plaintiff objects to certain terms as undefined, but these are common terms with ordinary dictionary meanings or common medical terminology. Request #10 is not compound as “immobile” and “unable to ambulate” are synonymous terms. If a request calls for Plaintiff to admit or deny a specific medical condition or diagnoses, the respondent is not relieved o...

Excerpt: ...lary Damages attachment as a whole. FACTUAL / PROCEDURAL CONTEXT This is a premises liability/negligence case. Plaintiff, Kamana Mukergee (plaintiff or Mukergee) alleges that she was at Defendant Parkview Community Hospital Medical Center (Parkview) when she was struck by an outward swinging door on two separate occasions (1/18/18 and 11/23/18). Plaintiff alleges that defendant Jennifer Bangalan Taguba (Taguba) was the person who struck her on th...

Excerpt: ...ium unit. Plaintiff contends that he purchased the condominium believing that he would have access to, and the right to use, the immediately adjacent pool area. Plaintiff alleges in the First Amended Complaint that after he completed his purchase of the condominium, he learned that the pool area was owned by a home owners' association other than the one he belonged to as an owner of the condominium; meaning Plaintiff had no right to access or use...

Excerpt: ...nitive damages are not sought nor recoverable on the contract cause of action as conceded by Plaintiff. Plaintiffs Rolloco Holdings, Inc., Cathy Rollo and Tony Rollo allege that they previously filed a suit in the U.S. District Court against Defendants that resulted in a settlement agreement on 3/19/18. The settlement agreement provides that Plaintiffs would dismiss the action and Defendants would issue a promissory note in favor of Plaintiffs fo...

Excerpt: ...of action. The undisputed facts show that plaintiff was compensated for all time worked while clocked in, which, when combined with the Hospital's relevant policies, gives rise to a presumption that he was compensated for all work. Plaintiff's evidence, although it shows that he worked off‐the‐clock and that defendant could have known that he did so, is insufficient to create a triable issue of fact that defendant actually knew or should have...

Excerpt: ...s reasonable. The court reduces the requested fees of $66,162.00 by the $1,472.00 charges for the ex parte to set aside dismissal and $2,500.00 related to the charges for the present motion. The opposition does not challenge the costs and expenses in the amount of $9,828.66 and those cost and expenses are awarded. Request for Judicial Notice: Although the court is not bound by rulings of other superior courts, the decisions are admissible to demo...

Excerpt: ...95) 76 Cal.App.4th 176, 181. Since judgment has been entered as to County of Riverside, the Court lacks jurisdiction to hear the request for reconsideration as to County. Id. at 181‐ 182. To the extent that Plaintiff seeks to reconsider the 6/14/19 order dismissing Cois M. Byrd Detention Center, Sheriff Stan Sniff, and Riverside County Jail from this matter, the motion is denied as it is untimely. To the extent that Plaintiff seeks leave to ame...

Excerpt: ...Additionally, the actions of the Moore do not demonstrate a lack of reasonable diligence. There is no showing that the claims in the Moore Action lack merit. The admissions of another defendant in the St. James Action cannot be used against them to demonstrate they have no claims because the responses and admissions were not by them. (Code Civ. Proc., § 2033.410(a) [admissions binding on “the party making the admission in the pending action.�...

Excerpt: ...5 million, $9 million in cash and the subject promissory note in the amount $2.5 million. In April 2017 after ECT initiated arbitration proceedings against ECL, Frank Halcovich, and Wendy Hertz, the matter was stayed, pursuant to stipulation, pending completion of arbitration. The arbitrator issued an award in 2018, and following motions to enter and to correct the award, the court entered the award on February 14, 2019. In February 2019, Banc of...

Excerpt: ... by Defendants Ruby Rodriguez and Oscar Avalos. Construction was ongoing on the premises and there were no warnings, barriers, signs or markings for drivers traveling eastbound onto the road. Defendants Prestige International Security, Orr Buildings, Barker Pacific Group, Inc., Sunniva Full Scale Distributors Corporation., The Altum group, J.H. Thompson & Sons, Inc., Tops N Barricades, Inc. and City of Cathedral are alleged to have owned, operate...

Excerpt: ...apable of managing without assistance. Plaintiff's First Cause of Action contains only vague allegations of this relationship. The Court cannot ascertain what type of relationship Plaintiff and Dr. Young had, whether the relationship is one of caretaker‐patient, how often Plaintiff saw Young, whether Young visited Plaintiff at her care facility, whether Young provided Plaintiff care on an outpatient basis or whether Young worked as a physician ...

Excerpt: ...e motion only pertaining to the negligent administration of duty. (See Warrick v Superior Court (2005) 35 Cal.4th 1011, 1019.) All other discovery requests are denied. The Court orders that it will conduct an in camera review of these documents to determine whether any such documents exist. The Court will discuss with counsel about the procedure and how the documents are to be transmitted to the Court. FACTUAL / PROCEDURAL CONTEXT Plaintiff Rudy ...

Excerpt: ...rom the account where Defendant is believed to have made payments relating to the purchase of the subject property. Defendant acknowledges this Wells Fargo bank account is the account he used when he purchased the subject property. (Motion at p. 2:19‐21.) Plaintiffs assert they are the equitable owners of the property under the doctrine of resulting trust as they paid the consideration for purchase of the property. To prove this theory, Plainti...

Excerpt: ...Inc., Sun Valley Recovery, Inc. and Hope Canyon Recovery, Inc. (“Plaintiffs”) filed the complaint in this action on November 22, 2016, and the operative first amended complaint (“FAC”) on August 7, 2019, against defendants/cross‐complainants 291 East Camino Monte Vista, Inc. and Rose Swearingen (“Defendants”). The FAC set forth three causes of action: (1) breach of contract; (2) negligent misrepresentations; and (3) money had and re...

Excerpt: ...use it was brought within 30 days after service of the notice of renewal. Defendant asserts the grounds for vacating the renewal is failure to properly serve the summons and complaint. A judgment debtor bears the burden of proving, by a preponderance of the evidence that he is entitled to vacation of renewal of a judgment pursuant to CCP §683.170. Fidelity Creditor Service, Inc. v. Browne (2001) 89 Cal.App.4th 195. Evid. Code §647 provides that...

Excerpt: ...e Partnership has available to it adequate cash to make such payment . . . .” It is not limited to currency, but rather includes liquid assets, i.e., assets that could be readily converted to cash. • “Defendant” is defined to mean University Campus Hotel, LLC. • “The date of the response to this demand” is replaced with “May 1, 2020. With those modifications, the plaintiff's motion to compel defendant University Campus Hotel, LLC,...

Excerpt: ...tiff did not. Defendant Salisbury indicated that she wanted to argue the merits of the motion. As the Court did not have Plaintiff on the phone, the Court continued the motion to Friday, July 24, 2020. Below is the Court's original tentative, which is unchanged from the July 22, 2020 hearing. ** Tentative Ruling: The Court grants the motion for Plaintiff to file a 2nd amended complaint. Plaintiff to file its amended complaint within 5 court days....

Excerpt: ...The motion is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. The TAC alleges that Plaintiff Edwin J. Dobremsyl was a patient at Defendant S‐H OPCO RANCHO MIRAGE, LLC dba BROOKDALE RANCHO MIRAGE's skilled nursing facility from March 17 to April 1, 2017, 16 days. (TAC ¶¶ 17‐30). The TAC alleges that Brookdale "neglected" Plaintiff because it "failed to ensure that DOBREMSYL wa...

Excerpt: ...a Brookdale Rancho Mirage. The motion is based upon the grounds that the first cause of action fails to state facts sufficient to state a cause of action. Plaintiffs allege the following as to AG Ranch Mirage: On April 1, 2017, DOBREMSYL was admitted to RANCHO with diagnoses of dehydration, and recent recurrent urinary tract infections. Upon admission, due to DOBREMSYL's dehydration and urinary tract infections, RANCHO staff should have initiated...

Excerpt: ...e. However, the court in Lyle states a claim for hostile workplace harassment can be brought even if the plaintiff is not the target of said harassment, but where she has witnessed harassment against another where that person falls within the same protected category as the plaintiff. Id. at 285. 2 nd CA: Plaintiff alleges that he is Muslim and that he asked Defendant if he could take time off for Ramadan. (Complaint, ¶ 22.) These allegations sup...

Excerpt: ...the leases. The two properties were used as wind farms. Plaintiff Arthur Gresen owns one property (Gresen Property). (SAC ¶ 1.) The Gresen Property lease expired on June 30, 2015. (SAC, Exh. B, ¶¶ 1.9, 2.) Plaintiff Solomon Gresen owns a 1/3 fee simple interest with two others as tenants in common (Siegal Property). (SAC ¶ 2.) The Siegal Property lease expired on May 31, 2015. (SAC, Exh. B, ¶¶ 1.9, 2.) The Original Complaint was filed on Ju...

Excerpt: ...Furniture is a furniture manufacturer and Robert Brown is the owner. On October 28, 2015, My Chic Nest and Beverly Furniture entered into a written contract under which Beverly Furniture was to manufacture and deliver furniture to My Chic. Beverly Furniture breached this agreement. On May 13, 2016, My Chic filed a Complaint against Beverly Furniture and Robert Brown in the LA Superior Court (case number BC620492). On March 29, 2018, the court ent...

Excerpt: ...of Decedent, Lawrence Johnson, who was a patient at Defendant, Physicians for Healthy Hospitals dba Hemet Valley Medical Center (HVMC) from 11/7/17 through 11/29/17, and of Kindred Hospital – Riverside from 11/29/17 to 1/4/18. Plaintiff alleges that during Decedent's stay he was mentally incapacitated due to dementia and other conditions. Plaintiff allege Defendants had a duty of care to Decedent to plan his care and treatment, ensure he receiv...

Excerpt: ...(“NOAs”) against each of the respondents, James Fernandez (PSC 1005534), Mary Rafferty (PSC 1905534) and Elizabeth Shepherd (PSC 1905551) (collectively, “Respondents”).1 In each of the NOAs, DRMC seeks a de novo appeal of all the findings, conclusions and awards set forth in the July 19, 2019 Order, Decision or Award of the Labor Commissioner, which awarded $66,492.41 to Fernandez, $57,589.92 to Rafferty and $64,794.62 to Shepherd for Lab...

Excerpt: ...suant to Evid. Code § 452(c). These documents are also judicially noticeable under Evid. Code § 452(h) as containing facts and propositions not reasonably subject to dispute. Defendants Affidavit for Request for Judicial Notice: Judicial notice is taken as to the filing of the Affidavit itself, as it is signed under penalty of perjury, but judicial notice is not taken as to the truth of the matters stated therein. The request includes pictures ...

Excerpt: ... the July 20, 2020 hearing. The Court received a timely request for oral argument from defendant Secured Income Group I Inc. Defendant Secured Income Group appeared through counsel and plaintiff Padial. Both did so telephonically. An interpreter was not available and defendant Secured Income Group 1 Inc., began to argue that the hearing was moot because the sale of the subject property had already occurred. The hearing was continued to July 22, 2...

Excerpt: ...sider several factors in determining the reasonableness of a party's attorney's fees. These include "the nature of the litigation, the difficulty of the litigation, the attention given to the issues, the success of the attorney's efforts, and time consumed. [Citation omitted.]" (PLCM Group, Inc. v. Drexler (2000) 22 Cal.4th 1084, 1095.) Although a fee request ordinarily should be documented in great detail, the Court is entitled to make its own e...

Excerpt: ...eges that the defendant owed her a fiduciary duty as the trustee of the Lawrence and Doris Kleinfelter Family Trust and that he breached that fiduciary duty by withholding trust amendments from the Probate Court and by withholding bank statements for trust bank accounts from the plaintiff. (¶ 1.) The plaintiff alleges that she was unaware of those wrongful acts until the period of March 8 to March 28, 2017. (¶ 4.) Rather than file suit upon dis...

Excerpt: ...y of their authorized agents” may initiate the foreclosure process. The statute does not provide for a judicial action to determine whether the person initiating the foreclosure process is authorized to do so. (Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1156.) The Complaint alleges Defendants failed to comply with Civ. Code §2924 because the Notice of Default is void or avoidable as the purported beneficiary was not the...

Excerpt: ...�An individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under any provision of this code, unless that section under which the action is brought expressly requires exhaustion of an administrative remedy.” However, courts have found that section 244 does not require exhaustion with the Labor Commissioner. (Terris v. County of Santa Barbara (2018) 20 Cal.App.5th 551, 556‐557.) Nothing Page...

Excerpt: ...n is meritless on its face. Defendant seeks an “Order striking—under California Code of Civil Procedure (‘C.C.P.') section 425.16— Plaintiff' s Application and Order for Appearance for Examination (on Form EJ‐ 125), the order of which was served on Ross for a judgment debtor's exam set to occur in PS4 on March 20, 2020 (the ‘Examination Order').” Section 425.16 provides a procedure for striking “[a] cause of action against a perso...

Excerpt: ...entered against him. On July 27, 2019, Defendant was personally served with the summons and complaint filed in this case. (Motion, Exh. B.) Upon Plaintiff's filing of a Request for Entry of Default and Court Judgment, default was entered against Defendant on September 11, 2019. Judgment was entered on December 24, 2019. On February 04, 2020, Defendant filed the instant Motion to set aside the default judgment entered against him to be heard on Ap...

Excerpt: ...possible. If some documents cannot be produced electronically, the parties, to this motion, are directed to meet and confer and agree upon a safe method of production. In addition to the items they have agreed to provide, which are included here, granted as to Nos. 85, 90, and 92 and denied as to the remainder. Mark Wynne (Mark) and Kim Wynne (Kim) are each ordered to provide further verified responses within 20 days of the date of this order. Th...

Excerpt: ...efendant, Hemet San Jacinto Valley Chamber of Commerce, entered into a written lease agreement on 4/27/11, with Konica Minolta Premier Finance (Konica) to lease commercial equipment. The agreement required Defendant to make 60 monthly payments of $913.92. Plaintiff alleges Defendant defaulted on the agreement and owes the principal sum of $25,487.75, plus interest from the date of breach on 12/28/15. The Complaint was filed on 4/25/17 and alleges...

Excerpt: ...ike. Court grants MyDyer's requests for judicial notice of Stidham's declaration in support of LLR's Opposition to MyDyer's application for the appointment of a receiver and the transcript of the hearing on the demurrer to the First Amended Cross‐Complaint (FACC). However, the court can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact, and conclusions of law. (Ramsden v. Western Union (1977)...

Excerpt: ...o the extent that it vaguely refers to the “pleadings filed in this action and the judicial admission set forth therein” without identifying the particular records or the particular admission to which it is referring, it fails to comply with Evidence Code section 453, subdivision (b). The general demurrer is sustained because there is not allegation of a relationship giving rise to a duty to disclose. The elements of a cause of action for fra...

Excerpt: ...ted by Plaintiff Francisco Padial (“Plaintiff”) to enjoin Defendant Secured Income Group (“Defendant”) and its officers, employees and agents from any action in furtherance of foreclosing on the subject Hayden Avenue property (the “Property”) before any final judgment, dismissal, or other disposition in the case. Plaintiff is Ordered to post bond in the amount of $14,400.00. Plaintiff is Ordered to serve and submit a proposed Prelimin...

Excerpt: ...at he resides in was listed for sale without his knowledge, despite the fact that he made improvements to the property. Plaintiff sought a lis pendens which was denied. Plaintiff then obtained counsel, who then recorded a lis pendens. Defendant, Clare O'Brien (O'Brien) then applied ex parte to expunge the lis pendens. Plaintiff then filed a First Amended Complaint (FAC) on 9/11/19, for breach of contract, fraud and fraud in the inducement. On 10/...

Excerpt: ... a division of IberiaBank (“VirtualBank”); and IberiaBank (“IberiaBank). Plaintiff, who is the owner of property located in Corona, California (the “Property”) alleges multiple violations of the Homeowner Bill of Rights (“HBOR”). The Complaint sets forth seven causes of action: (1) violation of Civ. Code § 2923.6; (2) violation of Civ. Code § 2923.7; (3) violation of Civ. Code § 2924.11; (4) negligence; (5) intentional misreprese...

Excerpt: ...e second mortgage debt was discharged through the bankruptcy proceedings. In July 2019, Plaintiffs were contacted by Specialized Loan Servicing, LLC (“SLS”) and were informed that they could apply for available foreclosure alternative. Plaintiffs submitted the requested documents to apply for said alternative. On July 27, 2019, SLS informed Plaintiffs that due to their income, they did not qualify for a foreclosure alternative. Plaintiffs ask...

Excerpt: ...inancial Demurrer without leave to amend. The Court sustains CalAtlantic Financial and SPS Affiliates demurrer without leave to amend. Based on the fact that the Court sustained the demurrer without leave to amend, the motion to strike by Trinity Financial is moot. SUMMARY OF MATTER This is a foreclosure action. Plaintiffs Willis Jennings Jr. and Geraldine Jennings (“Plaintiffs”) allege that, on December 21, 2006, they obtained a mortgage loa...

Excerpt: ...current servicer. On 7/3/19, Plaintiff submitted a complete loan modification application, but continued with their foreclosure efforts. She alleges that on 1/29/20, her application was denied and she appealed on 1/30/20. Plaintiff filed this action on 7/23/19. After the court sustained Defendants' demurrer, Plaintiff filed the First Amended Complaint (FAC) on 3/10/20. The FAC asserts: (1) violation of Civil Code §2923.6(c); (2) violation of Civ...

Excerpt: ...t “the claimant has not commenced an action to enforce the lien within the time provided in Section 8460,” i.e., within 90 days of the recordation of the claim of lien. The motion presents no evidence or argument that the action was commenced more than 90 days after recordation of the lien. To the contrary, the petition alleges that the claim of lien was recorded on October 3, 2019 (¶ 5) and that the plaintiff filed the instant action to enf...

Excerpt: ... on each of them asserting lack of personal jurisdiction. Defendants argue that they did not receive mailed copies after substituted service was effectuated by a licensed processed server, and that service on the agent for service of process for either LLC was improper because “Steve Doe,” the person who answered the door at the agent's address was not authorized to accept service on behalf of the LLCs. In addition, Defendants argue that the ...

Excerpt: ...rguing that the cause of action combines an oral and written contract so he cannot determine whether the claim against him is oral or written. A judgment on the pleadings is limited in scope to two grounds: the court does not have jurisdiction; and, the complaint fails to state facts sufficient to constitute a cause of action. Section 430.10(g), relied upon by Defendant is not a proper challenge to the complaint on a motion for judgment on the pl...

Excerpt: ...nd mockingly criticize Plaintiff's work performance in cleaning hand rails and telling Plaintiff to use his other arm, despite him needing to use both arms in order to perform his job. Plaintiff alleges that the harassing behavior was pervasive for three fourths of the year; however, he does not allege what conduct, other than isolated incidents, went on for that long. Further, the examples provided all relate to criticism related to job performa...

Excerpt: ...plaint (“FAC”) on July 1, 2019, against defendants Yvonne D'Sylva, M.D. Yvonne D'Sylva, M.D., Inc. (together, “Dr. D'Sylva”), Elena B. Jackson, M.D. (“Dr. Jackson”), State of California (Department of Health Care Services), California Department of Health and Human Services (together, the “State”) and Inland Empire Health Plan (“IEHP”). Following demurrers by the State and IEHP, Plaintiffs filed the operative second amended co...

Excerpt: ...is supplied). (See also Kirkeby v. Superior Court of Orange County (2004) 33 Cal.4th 642, 648 [“A fraudulent conveyance is a transfer by the debtor of property to a third person undertaken with the intent to prevent a creditor from reaching that interest to satisfy its claim”]; Fidelity Nat. Title Ins. Co. v. Schroeder (2009) 179 Cal.App.4th 834, 841 [“A fraudulent conveyance under the UFTA involves a transfer by the debtor of property to a...

Excerpt: ...luntary dissolution of Allen & Durrant Corp. The case arises out of the joint operation of Allen & Durrant Corp. by Plaintiff Durrant and Defendant Sipera. On 9/5/19 the court signed an order, based on the stipulation of all parties, ordering the parties to binding arbitration and staying these proceedings. However, the parties never arbitrated their claims, but rather informally attempted to resolve Plaintiff's claims. The parties entered into a...

Excerpt: ...laint. 2 nd CA – Cross‐Complainant sufficiently alleges that Huynh, as the chief financial officer, had actual knowledge of the acts of the other Cross‐Defendants including that Avid and Nguyen were breaching fiduciary duties by failing to comply with the joint venture agreement, failing to refinance the loan and attempting to coerce Cross‐Complainants into reducing its interest in the joint venture in exchange for them to perform these p...

Excerpt: ... gave directions. A proposed judgment was submitted on 7‐8‐20 but has not yet been delivered to chambers for review. Thus, no judgment has been entered. A cost bill must be filed within 15 days of the judgment. (Rules of Court, rule 3.1700.) The present cost bill is premature. However, courts considering the issue have held that a court may consider a premature cost bill and that it is timely. (Haley v. Casa Del Rey Homeowners Assn. (2007) 15...

Excerpt: ... is an action for declaratory relief and injunction arising out of a contract dispute. Plaintiff filed the original complaint on February 01 2019. Based on the Proof of Service of Summons filed on February 25, 2019, (“Regions POS”), Regions Bank was purportedly served with summons and complaint via certified mail with return receipt requested, pursuant to Code Civ. Proc., §415.40. The Regions POS, on #6, indicates that the description stated...

Excerpt: ...Code of Civil Procedure section 425.16. In addition to relying on the declaration of Defendants' attorney Erika Peterson (“attorney Peterson”), the Court reviewed the legal work performed. The Court finds that the 69.6 attorney hours claimed for the preparation and prosecution the anti‐SLAPP motion is reasonable in this highly contentious case between family members. The Court reduces the attorney hourly rate from $550 to $450. Defendants a...

Excerpt: ... grants the Motion to Strike with 30 days leave to amend for punitive damages. With respect to the time to respond, if Plaintiff chooses to file a 2nd amended complaint that includes allegations necessary for punitive damages, they should communicate with defense counsel of their intention within 10 days. If Plaintiff does not seek punitive damages, then Defendants shall file their responsive pleading within 30 days after being notified. If Plain...

Excerpt: ...PROCEDURAL CONTEXT This is a foreclosure action. Plaintiffs Bruce Schnaible and Dixie Schnaible (“Plaintiffs”) allege they obtained a mortgage loan from American Home Mortgage (“AHM”) secured by a first and second deed of trust on real property located at 29263 Cool Creek Drive in Sun City for $212,000 and $53,000 respectively. (First Amended Complaint (“FAC”), ¶ 15.) In 2009, Plaintiffs applied for and obtained a loan modification (...

Excerpt: ...e number on Defendant. Plaintiff asks the court to correct his error nunc pro tunc. Nunc pro tunc orders exist to correct the court's errors, not a party's error. (See Golba v. Dick's Sporting Goods, Inc. (2015) 238 Cal.App.4th 1251, 1265‐1266.) The court denies Plaintiff's request. Notice of entry of judgment was served April 22, 2020. During that time, the court was closed because of the COVID ‐19 pandemic. The presiding judge of this court...

Excerpt: ...eading it as a whole and all of its parts in their context. 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. However, a demurrer does not admit contentions, deductions or conclusions of fact or law. If the pleading fails to state a cause of action, the court must gr...

Excerpt: ...deficiencies. • CMO, ¶ H(3)(a)(4) –Although counsel indicates that the amount received by individual Class Members will vary, he does not provide an estimate of the range – the high and low – of possible recoveries, as required by this paragraph of the CMO. • CMO, ¶ H(3)(a)(5) – Counsel indicates that the parties engaged in informal discovery and that a Belaire notice was circulated to potential Class Members. This lacks sufficient ...

Excerpt: ... Cerullo World Evangelism (2016) 6 Cal.App.5th 1207 (promissory estoppel claim based on written promise).) The cause of action for breach of contract accrues when the contract is breached. (Romano v. Rockwell, Int'l, Inc. (1996) 14 Cal.4th 479, 488.) Plaintiff alleges Defendants breached the 2014 and 2015 Agreements by failing to pay commissions earned from October 5, 2015 to December 11, 2015, which were due and payable on January 20, 2016. (Com...

Excerpt: ...nference on August 10, 2020, at 8:30 A.M. Analysis: The Court does not approve the service award or general release payment to the plaintiff. The settlement agreement provides that the Arispe Class Presentative Service Award is intended to compensate Arispe “for her time and effort in prosecuting the Arispe Lawsuit on behalf of the State of California and Arispe Aggrieved Employees since filing the Lawsuit on January 17, 2018.” (Abstract, ¶�...

Excerpt: ...urt may take judicial notice of the filing and contents of a government claim, but not the truth of the claim.” (Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 369 n.1.) As to the Resolution, pursuant to Evidence Code §452(b) judicial notice may be taken of “[r]egulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States.” (emphasis added.) A court may take judi...

Excerpt: ...54.00 $ 0 Lodging $ 4,928.77 $ 0 Mileage $ 0 $ 1,599.41 Parking $ 0 $ 253.20 Uber $ 0 $ 900.67 Messenger fees $ 0 $ 149.39 $26,502.72 Unchallenged portions of the MOC: $ 6,545.17 $33,047.89 $23,543.24 Item No. 1 (Filing and Motion Fees): As to the “Brief Declaration” ($309.75), CDCR correctly argues that the reinstatement issue was not the focus of any disputed issue in this case, and therefore, was not necessary to this litigation. While Pla...

Excerpt: ...lated to the Future emotional distress damages and reduces the award for future emotional distress to $0.00. Plaintiff shall notify the Court within 15 days from the date of this order if he has accepted the conditions of the order. If he does not, the Court shall reset the matter for a Trial Setting Conference for retrial. I. Irregularities in the Proceedings National General makes several arguments as to why the Court should order a new trial b...

Excerpt: ...erted three causes of action for: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; and (3) Declaratory Relief. NGAC was substituted as Defendant by stipulation. A jury trial was held in November 2019. On November 22, 2019, the jury returned a verdict for Plaintiff. On March 6, 2020, the Court entered judgment in favor of Plaintiff against NGAC. Plaintiff now moves to amend the judgment to include NGIC and National Ge...

Excerpt: ...(Sierra) 151 Cal.App.3d 447, 449; Vinson v. Superior Court (1987) 43 Cal.3d 833.) Then the court must balance the right of privacy against the need for discovery. (Valley Bank of Nevada, supra, 15 Cal.3d at 657.) Plaintiffs' workers' compensation claim records are directly relevant to her lost earnings claim. In response to interrogatories, Plaintiff claimed she was unable to work from March 22, 2018, to April 19, 2019, as a result of her injurie...

Excerpt: ...es for inquiry or the production requests, they may seek relief either an informal discovery conference from this court or a noticed motion. The Court denies the request for sanctions. FACTUAL / PROCEDURAL CONTEXT This is an action under the Song‐Beverly Act. Plaintiff Ruben Sanchez‐Urquiza (plaintiff) alleges he purchased a new 2015 Nissan Sentra manufactured by defendant Nissan North America, Inc. (Nissan or defendant) that was defective. I...

Excerpt: ...App.4th 99, 104.) The burden is on the prevailing party to demonstrate that fees were allowable, reasonably necessary, and in a reasonable amount, “both from the standpoint of time spent and the amount charged.” (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35‐ 36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at t...

Excerpt: ...6, Plaintiff Maria Gutierrez was walking to her car near the street sidewalk in front of her residence when she tripped on a raised water meter. She contends that the water meter had lifted and the dirt around it created a hole due to root damage from a tree on city property, resulting in the water meter to shift. On 1/7/20, Plaintiffs added Defendant Stilwell Construction, Inc. as a Doe defendant. After obtaining leave of court, City filed a cro...

Excerpt: ...e entity. (Gov. C. §§905, 905.2, 945.4.) Failure to plead compliance with the claim statute subjects the complaint to a demurrer. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1239.) Plaintiff still fails to plead this the filing of a claim. To state a cause of action against a government entity, every fact essential to the existence of statutory liability must be pled with particularity. (See Searcy v. Hemet Unified School Dis...

Excerpt: ...(CCP § 1985.3(b)‐(c), (k) and § 2020.410(d).) Defendants have not demonstrated the application of any exception to the taxpayer privilege. It covers tax returns and related documents and applies to both personal and corporate taxpayers. Meet and Confer Requirement The parties exchanged email messages regarding the general substance of the motion. Unfortunately, they were not able to reach an informal resolution. (See Hanchar Decl., ¶¶ 12‐...