Excerpt: ... required under Cal. R. Ct. 3.1354. As to Defendant's objections the court sustains no. 3 (but not the first sentence), 5 (all), 7 (all), 9 (only the last sentence), and 10 (all). Analysis 5COA (Tameny): For a Tameny claim, the plaintiff must demonstrate: (1) an employeremployee relationship; (2) the termination of plaintiff's employment was a violation of public policy; and (3) the termination caused plaintiff's damage. (See Holmes v. General Dy...

Excerpt: ...2009) 174 Cal.App.4th 967, 992.) The court should impose terminating sanctions only when a party persists in disobeying the court's orders. (Deyo v. Kilbourne (1976) 84 Cal.App.3d 771, 796.) Here, the evidence submitted in support of the motion falls short of that standard. However, the court warns Defendant that if Defendant continues to disobey the court's orders, the court will consider money sanctions, evidence sanctions, issue sanctions, and...

Excerpt: ...OUP VS ALVARADO RE: MOTION TO/FOR STRIKE PORTIONS OF FIRST AMENDED CROSSCOMPLAINT BY H & N GROUP INCOMETAX PREPARATION &, ENRIQUE PEREZ, JOAQUINA ESCARTIN Tentative Ruling: The hearing will be continued to January 13, 2020 at 8:30 a.m. in this department so that the parties can meet and confer as required by Code of Civil Procedure section 435.5. Section 435.5 (a) states in relevant part: “Before filing a motion to strike pursuant to this chapt...

Excerpt: ...iff notably opposes relief on the sole ground that the motion was not “accompanied by a copy of the [proposed] answer.” However, the term, “accompanied by,” is interpreted liberally. Thus, relief from default may be granted even where the proposed answer is served and filed separately from the notice of motion, which may be deemed “substantial compliance.” (See Austin v. Los Angeles Unified School Dist. (2016) 244 Cal.App.4th 918, 933...

Excerpt: ... 4th 612. In this case, however, the complaint is uncertain. At ¶10 of the FAC plaintiff describes theories of liability (motor vehicle negligence, general negligence, intentional tort) that are not described by the factual allegations in the attachment at all, which doesn't reference an accident, an automobile, or the negligent operation of an automobile causing an accident. Instead, the attachment sounds much more like a claim for breach of or...

Excerpt: ...se contract was entered into. Plaintiff concedes he cannot allege “actual intent,” but argues that he adequately pleads constructive fraud under Civil Code § 3439.04 because a transfer is voidable whether the “claim arose before or after the transfer.” Under no circumstances could Defendant have anticipated she was about to become involved in an automobile / bicycle accident or objectively known she would become indebted to Plaintiff. Fr...

Excerpt: ... “to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station.…” (C.C.P. § 1085(a).) To obtain such a writ, petitioner must show: “(1) A clear, present and usually ministerial duty on the part of the respondent; and (2) a clear, present and beneficial right in the petitioner to the performance of that duty.” (Santa Clara County Counsel v. Woodside (1994) 7 Cal.4th 525, 539�...

Excerpt: ..., 2019 and the operative first amended complaint (“FAC”) on September 5, 2019 against defendant Nissan North America, Inc. (“Nissan”). On January 18, 2013, Plaintiff purchased a new 2013 Nissan Sentra (the “Vehicle”). (FAC, ¶ 8.) The Vehicle was backed by a limited warranty, and an implied warranty of merchantability also accompanied the Vehicle. (FAC, ¶¶ 9‐10.) Plaintiff alleges that Nissan breached the warranties by delivering ...

Excerpt: ...d so could not be held liable for intentional interference with the contract between HSB and Plaintiff. This issue was already before the Court in a prior demurrer, which was sustained with leave to amend to allow Plaintiff an opportunity to plead facts showing Pacific and White were not HSB agents. Plaintiffs have failed in this Second Amended Complaint to plead those facts and, as evidenced by their proposed Third Amended Complaint, it is clear...

Excerpt: ...laced Avetisyan. After MTHC was shut down, a second dispensary, Mission Wellness Center, was opened. On July 15, 2019, the parties signed the stipulated judgment for a permanent injunction, and on August 16, 2019 the Court entered judgment. The judgment provides that the Defendants are “jointly and severally liable for the City's attorney fees and costs.” Although the City claims that they incurred $167,540.50 in attorney fees, they are not s...

Excerpt: ...he class definition included in Paragraph 2 of the Proposed Order should include the actual date of preliminary approval – that is, replace “Preliminary Approval of this Settlement” with “September 12, 2019.”  Delete Paragraph 7 from the Proposed Order (and the exhibits) and replace with: The Class Notice provided to Class Members fully satisfies the requirements of due process, conforms to the requirements of Code of Civil Procedure...

Excerpt: ...OV) is denied. The Motion for New Trial is denied. As an initial matter, Plaintiff has argued that Defendants should be sanctioned under CCP § 128.7 because the claims that they have made have been repeatedly denied by the Court. Although the Court's tentative is to deny both the Motion for New Trial and Motion JNOV, that is not the same to say that the motions are frivolous or made in bad faith. The Defendants are within their right to seek pos...

Excerpt: ...n of the Consumers Legal Remedies Act (CLRA). Defendant Ford and defendant Fritts (collectively “Defendants”) move for judgment on the pleadings as to each cause of action. As discussed below, the Motion for Judgment on the Pleadings is denied as to the first, second, third, fourth and fifth causes of action and granted with 20 days leave to amend as to the sixth cause of action. “A motion for judgment on the pleadings performs the same fun...

Excerpt: ...its ruling, the Court noted that the First Amended Complaint was uncertain because each “purchase” was arguably a separate contract, and the Court could not determine which contract was oral, which was written, and which was implied. The Court still is unable to ascertain from the first and second causes of action, for breach of contract and breach of implied contract, whether Plaintiff is alleging breach of a single agreement (oral, written,...

Excerpt: ...3, 46‐59, 62‐76, 78‐81, 87, 88, 92‐98, 100‐103, 105‐131, 133‐149, 151‐156, and SUSTAINED as to nos. 3, 6, 12, 14, 15, 23, 25, 26, 44, 45, 60, 61, 77, 82‐86, 89, 90, 99, 104, 132, 150, 157. The motion for summary adjudication is ruled upon as follows: 1st cause of action: Denied. Plaintiff produced sufficient evidence showing triable issues of fact as to whether Defendant's stated reason for termination was pre‐textual. 2nd cau...

Excerpt: ...EXT This is an action arising out of a rear‐end automobile accident that occurred on the 91 freeway in Corona. Plaintiff Maria Cardenas filed her complaint on July 10, 2019, and defendants Hai Tran, Chuong Tran, and Hong Tran were served in August of 2019. Starting on October 8, 2019, defendants served a series of subpoenas to various third parties. Broadly speaking, these subpoenas fall in two categories: Subpoenas to various medical providers...

Excerpt: ...eq. It is impossible to tell whether Defendant is complying (in whole or in part) or objecting (in whole or in part). In responding to RFP 30‐31, Defendant responds it is unaware of videos or photographs that pertain to communications between Plaintiff N.S. and Thompson. These responses are not code‐ Page 2 of 2 compliant. If Defendant claims an inability to comply in whole or in part, it must state that it has made a diligent search and reas...

Excerpt: ...ubmission of the proposed order, it is reasonably clear that the minute order was not the final ruling on the motion for class certification. Moreover, a notice of entry was not served for either the August 23, 2019 ruling or the October 3, 2019 Order (nor was notice waived). (See Forrest v. Department of Corporations (2007) 150 Cal.App.4th 183, 203 disapproved on other grounds by Shalant v. Girardi (2011) 51 Cal.4th 1164 [10‐day period in § 1...

Excerpt: ... by calculation' from the day such damages are certain or capable of being made certain.” (Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 43.) Damages are deemed certain or capable of being made certain within the provisions of subdivision (a) of section 3287 where there is essentially no dispute between the parties concerning the basis of computation of damages if any are recoverable but where their dispute centers on the issue o...

Excerpt: ..., thus the “eve of trial” concerns have been eliminated. Plaintiff argues that Defendants unreasonably delayed requesting an amendment to the cross‐action because they had evidence that would support the proposed additional cause of action for over a year but, did not seek to amend until this motion was filed on 9‐20‐19. Plaintiff points to the deficiencies in the declaration filed with the moving documents. Cal. Rules of Court, Rule 3....

Excerpt: ...rt will address one issue, however. Defendants have argued that HBOR has been preempted by the federal Homeowner's Loan Act (HOLA) because Plaintiff's loan was originated by World Savings Bank, a federal Savings Bank. It does not appear from the documents listed in the request for judicial notice or the Plaintiff's complaint that Plaintiff's HBOR claims have been preempted. Whether or not evidence is adduced later during discovery that demonstrat...

Excerpt: ...'s Fund Ins. Co. (2013) 216 Cal.App.4th 902, 926‐927, 933, fn. 15.) The quantum of evidence needed to satisfy that burden may vary, however, depending on whether plaintiff is or is not a California resident and whether defendant seeks a stay of the action or dismissal. (See National Football League v. Fireman's Fund Ins. Co., supra, 216 Cal.App.4th at 939‐940.) There is a “strong presumption” in favor of plaintiff's choice of forum only w...

Excerpt: ...it is uncertain and it fails to plead factual particularity and specificity as to each element of fraud. The Court sustains with leave to amend the demurrer as to the third C/A for Negligence as it does not adequately plead what the breach of duty was in this case. The Court is not sustaining the demurrer at this time under the statute of limitations defense, as the Court finds that the FAC does not demonstrate that the statute of limitations has...

Excerpt: ...ancials and the contents of the San Gorgonio Memorial Hospital website printouts. Page 3 of 3 (Ragland v. U.S. Bank National Association (2012) 209 Cal.App.4th 182, 193.) The court denies the request for judicial notice that Defendants raised in their reply. For Defendant San Gorgonio Memorial Healthcare District (District), the court sustains the demurrer to the tenth cause of action without leave to amend unless Plaintiff can articulate why the...

Excerpt: ...emental briefing complying with the court's tentative ruling shall be filed no later than five court days prior to the hearing. Plaintiffs shall correct the following: 1. The court is not yet convinced that email service of notice to class members will provide the best method of notice and the most cost effective. The declaration of the administrator does not provide a cost estimate for providing notice to all class members by first class mail, a...

Excerpt: ...s Cox (Deputy Cox) pursued a criminal suspect who was fleeing on a motorcycle. During the pursuit, Deputy Cox struck Plaintiffs' car and Plaintiffs sustained injuries. The fleeing motorcyclist was not involved in the collision. Defendant County of Riverside is a public entity that employs Deputy Cox. The court finds that County of Riverside and City of San Jacinto (Entity Defendants) are not immune as a matter of law. Vehicle Code section 17001 m...

Excerpt: ...agencies.” (Iskanian v. CLS Transportation Los Angeles (2014) 59 Cal. 4th 348, 380.) There are numerous procedural differences between PAGA actions and certified class actions. (Williams v. Superior Court (2017) 3 Cal. 5th 531, 546.) A plaintiff seeking to recover civil penalties under PAGA is not required to satisfy the certification requirements necessary for class actions. (Arias v. Superior Court (2009) 46 Cal. 4th 969, 986.) There is no Ca...

Excerpt: ...in the alternative summary adjudication, on Cross‐Complainant Yun Hei Shin's Second Amended CrossComplaint on the grounds that all causes of action have no merit and/or are moot and that Shin lacks standing to bring such claims. Murray Altman (“Altman”) is the sole managing member of Desert Springs Financial, LLC. (“DSF”) Defendant Mitchell Altman (“Mitchell”) is Altman's son and Cross‐Defendant. CrossComplainant Yun Hei Shin (“...

Excerpt: ...laintiff filed her Complaint on 1/27/17 seeking partition by sale of the property because physical division is impracticable since the property is zoned in a manner that only allowed division to one or two parcels. She alleges that division is also impracticable due to access to the property and the location of the water well. Plaintiff's Complaint alleges four causes of action: 1) partition; 2) accounting; 3) breach of contract; and, 4) common c...

Excerpt: ...line item veto” and the moving party has not met his burden to demonstrate that these allegations should be stricken. (See PH II, Inc. v. Superior Court (1995) 33 Cal.App.4th 1680, 1682‐1683.) The motion also challenges Paragraph 66 and the Prayer to the extent it seeks punitive damages and attorneys' fees. Attorneys' fees are available as a remedy for Financial Elder Abuse, and Plaintiff has pleaded sufficient facts to support that cause of ...

Excerpt: ...rove through a gate at the end of a dead end street and crashed into a tree. And there is no dispute that neither decedent Mark Haner, nor, Thadine, both of whom were passengers in the back seat, were using seatbelts. In addition to suing Lane, Plaintiffs have sued, the estate of John Renner the owner of the subject vehicle, who was also killed in the crash, the City of Palm Springs, Palm Springs Country Club, LLC where the gate is located, Bashi...

Excerpt: ...he sidewalk and stood only a few inches above the concrete; that the pole that had been properly attached to the sleeve had apparently been impacted and broken off by unknown means at least a year proper to the incident, and then later removed without CITY's knowledge; that no reports, claims, notifications, or complaints had been received by CITY prior to plaintiff's fall on 12‐21‐17; and that the condition and its alleged dangerous characte...

Excerpt: ...otion to strike in references to fees. SUMMARY OF MATTER This is a legal malpractice case. Plaintiff Betsaida Santana Lucas (“Plaintiff”) alleges that on January 27, 2015, she retained Defendant Nathan Mubasher (“Defendant”) to represent her in a legal malpractice lawsuit against her former attorneys. She alleges that she paid a $1000 retainer, as well as $400 per month and Defendant was to receive 50% of any recovery obtained in the malp...

Excerpt: ...he present discovery request. CRC rule 3.1345(c) also requires as statement of factual and legal reasons for compelling further responses. Here, Plaintiff has failed to set forth each request and response to the special interrogatories. Further, Plaintiff has failed to set forth the legal or factual reason for compelling further responses, instead claiming he does not have to make any showing at all. Failure to comply with CRC rule 3.1345 regardi...

Excerpt: ...a computer hacker accessed Plaintiff's unprotected personal information from D First American Title Company's website and used that information to cause Plaintiff to transfer the purchase funds to the hacker's bank account. 1 st c/a‐Plaintiff has stated a cause of action based upon First American's negligent maintenance of Plaintiff's personal information. Defendant argues that “[t]he instructions to the escrow agent constitute a contract bet...

Excerpt: ...ourt has great discretion in granting or denying certification. Under CCP § 382, class actions are authorized when there is a readily ascertainable class and a well‐defined community of interest among class members. (Sav‐on Drug Stores v. Superior Court (2004) 34 Cal.4th 319, 326‐327.) It is a plaintiff's burden to support each of the above factors with a factual showing. (Sotelo v. MediaNews Group, Inc. (2012) 207 Cal.App.4th 639, 647.) T...

Excerpt: ...subd. (a)(2) [“If the recovery of money or damages is demanded, the amount demanded shall be stated.”; Reichert v. General Insurance Co. (1968) 68 Cal.2d 822, 830.) Plaintiff fails to cite to any authority, which excuses compliance with the statutory requirement or finds that alleging in the prayer an entitlement to “general damages according to proof” satisfies the requirement. The court rejects defendants' challenge to the complaint bas...

Excerpt: .... TEA Systems, Corp. (2007) 154 Cal.App.4th 547, 575.) In fact, Plaintiff pleads facts showing Defendants did not timely perform and deliver the website as promised because they “either suffered from a lack of ability or knowledge as to how they were to perform their Services, or were plagued by serious display of incompetence or perhaps extreme negligence,” not because AJH did not intend to deliver the website on the projected completion dat...

Excerpt: ...blems, including, but not limited to, dangerous sexually predatory, and unfit behavior which required STUDENTS to be properly supervised at all times” As a result of their placements at BRIGHT FUTURES, STUDENTS had information within their IEPs that contained extensive reviews and reports of such dangerous sexually predatory, and unfit behavior which required STUDENTS to be properly supervised at all times. (FAC, ¶¶ 20, 21; see also FAC, ¶ 5...

Excerpt: ...n 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 (1999) 72 Cal.App.4th 693, 708.) In exercising its discretion, the Court may consider all of the facts and the entire procedural history of the case in setting the a...

Excerpt: ...d the court lacks jurisdiction over them. This action is stayed pending the outcome of the arbitration. Page 5 of 6 Request for Judicial Notice is denied. Judicial notice of court records is proper under Evid. Code §452(d). However, the matter to be judicially noticed must be relevant to the issues in the case. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063.) A ruling by another trial court in an unrelated case is not binding ...

Excerpt: ...cial notice. Court declines to rule on Decline to rule on CDTFA's evidentiary objections as immaterial in accordance with CCP § 437(q). A motion for summary adjudication may only be granted, “if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (CCP § 437c(f). See also Linden Partners v. Wilshire Linden Associates (1998) 62 Cal.App.4th 508, 522; Weil & Brown, Cal. Practice Guide:...

Excerpt: ...his work logs documenting his injury and related events were missing from his locker when he went to clean it out after he was terminated. (Compl. ¶¶9‐14, 20.) The Opposition asserts that the cause of action is sufficiently alleged but, does not demonstrate how the alleged facts fit within the requisite elements of a Labor Code §1102.5 claim. 2COA (Harassment): Plaintiff concedes that this cause of action is insufficient as alleged. ...

Excerpt: ...ns. SUMMARY OF MATTER: This is an employment action. Plaintiff Victoria Rios (“Plaintiff”) alleges she was employed by defendants KayBSky Solutions, Inc. (“KayBSky”), Infinity Energy, Inc. (“Infinity”) and INFY Communications (“INFY”) as a salesperson from late 2017 to December 8, 2019, when she was terminated from her employment. Plaintiff alleges that she went on pregnancy disability leave from October 30, 2018 to November 5, 20...

Excerpt: ...text This action arises out of an October 24, 2017 automobile accident on Interstate 215 in Riverside. Plaintiff filed the complaint on April 12, 2019 against defendants Doulas Bonilla (“Bonilla”) and Lincoln Transportation Services, Inc. (together, “Defendants”). Defendants filed their answer to the complaint on May 9, 2019. * * * On May 20, 2019, Plaintiff served a notice of deposition on Bonilla and set the deposition for June 24, 2019...

Excerpt: ...itled to reasonable attorney fees as the prevailing party. Page 2 of 3 Plaintiff Waring Place HOA moves the court for an award of attorney's fees of $29,600 and costs of $1,391 for a total award of $30,991 as the prevailing party. In addition, HOA moves for a judgment of dismissal to be entered in their favor against Defendants pursuant to CCP §581(d). HOA brought this action to enforce the CC&Rs arising out of Defendants unauthorized landscapin...

Excerpt: ...AC) as a matter of right on 8/27/19. The FAC asserts: (1) breach of contract; (2) insurance bad faith; (3) fraud; and (4) UCL. As shown by the request for judicial notice, Plaintiff Byung H. Kwon filed a similar action regarding the same allegations in RIC 1608182, which also alleged causes of action from the 7/1/14 incident. Summary of Demurrer: Defendant demurs to each cause of action on the grounds that they fail to state facts sufficient and ...

Excerpt: ...ld (collectively “Plaintiffs”) alleges that on 6/5/05, they bought a new 2005 Ford Excursion which contained a defective Navistar engine. Plaintiffs contend that Ford Motor Company (“Ford”) was aware that the Navistar engine was defective, but it produced its vehicle using said engine. Plaintiffs contend that Ford and its authorized agents made false statements regarding the qualities and capacities of their truck and concealed the defect...

Excerpt: ...ver reasonable attorney's fees and costs. The issue is what the reasonable amount of attorney fees is. The court has broad discretion and wide latitude in determining what constitutes reasonable compensation for an attorney who has rendered services in connection with a legal proceeding, and may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, Inc. vs. Drexler (2000) ...

Excerpt: ...s, Inc., (collectively “Plaintiffs”) raised a triable issue of material fact as to Issue I, UMF No. 25, and Issue II, UMF No. 25. Burden: A defendant meets its burden in a motion for summary judgment or summary adjudication by doing one of the following: (1) presenting affirmative evidence negating an essential element of plaintiff's cause of action; (2) showing a complete defense; or, (3) showing that plaintiff does not possess and cannot re...

Excerpt: ...t rules on Plaintiff's objections as follows: 1. Declaration of Jason R. Dawson, Paragraph 4, Page 2, lines 16 to 19, sustained as to foundation, hearsay, speculation. 2. Declaration of Eluterio Torres, Paragraph 3, Page 2, lines 9 to 15, sustained as to relevance. 3. Declaration of David Stewart, Paragraph 1, Page 2, lines 2 to 4, overruled. 4. Paragraph 3, Page 2, lines 9 to 10, overruled. 5. Paragraph 4, Page 2, lines 11 to 12, overruled. 6. P...

Excerpt: ... preemption or interstate commerce. Whether the Federal Arbitration Act (FAA) applies is not at issue because Defendants do not contend that the FAA preempts state law here. Instead, Defendants cite to state law to show that the Agreement is not unconscionable. (See Motion, pp. 5‐6.) Because preemption is not at issue, whether the FAA applies is irrelevant for purposes of this motion. The question for the court is whether an agreement exists fo...

Excerpt: ...ich would be to July 3, 2020. What is the extent of the requested continuance? a. Assuming that the former is the intended continuance, trials in Riverside are called on Fridays, not Tuesdays. b. If the latter is the intended continuance, July 3 is a holiday. 2. The defendants fail to identify the additional discovery needed to meet the alleged new theory, or to explain how long it will take them to complete that discovery. (Trial setting order, ...

Excerpt: ...e County seeks a continuance in order to take the depositions of Ms. Levy and Mr. Yoder prior to trial. However, it is entirely speculative whether those depositions will be taken. Ms. Levy was served with a subpoena but failed to appear. Whether she will respond to an order compelling her appearance for deposition is speculative. Mr. Yoder has not been located. Whether he will be located and will testify at deposition is similarly speculative. A...

Excerpt: ...sition was filed by Plaintiff on June 4, 2018, it never went to hearing as it was withdrawn on July 12, 2018. The CMC occurred on July 23, 2018 and a TSC was set for January 22, 2019. The next Motion that was filed as an MSJ/MSA by defense that became moot through leave to amend being granted on March 6, 2019. Notice of case settlement was submitted on August 5, 2019. Other minor machinations occurred but nothing significant. The point of this is...

Excerpt: ...leges negligent misrepresentations against the demurring parties and Defendant Miller. The pertinent allegations are that seller Defendant Miller failed to disclose on the property questionnaire a pre‐ existing mold contamination located throughout the property's interior. During a tour of the property, Plaintiffs asked Defendant Flaherty if she recognized any unusual smells and she snapped and advised them to get over the smell because it was ...

Excerpt: ...r 25, 2019, the court found “Until the last minute, this was an unopposed Motion. However, late opposition was filed on September 19, 2019. The summary of the issue before the court is as follows: On February 7, 2019 various forms of written discovery requests were served on the non‐opposing parties. They did not respond. Not only did they not respond but on March 18, 2019 they were reminded by plaintiff through email that discovery was due. ...

Excerpt: ... did not plead equitable estoppel in the complaint. (See Gressley v. Williams (1961) 193 Cal.App.2d 636, 641.) Second cause of action, breach of fiduciary duty A claim for breach of fiduciary duty must allege (1) a fiduciary duty; (2) breach of the duty; and (3) damage caused by the breach (Pellegrini vs. Weiss (2008) 165 Cal.App.4th 515, 524). As a general matter, the law imposes no fiduciary duty between unmarried cohabitants (Maglica vs. Magli...

Excerpt: ...her. The Complaint alleges that after Hinds hired Frantz and Aman that she demanded Nicolette transfer to them the settlement proceeds received from the insurer. The Complaint alleges breach of contract, quantum meruit, and declaratory relief causes of action against Hinds alleging that per its engagement agreement it is entitled to onethird of the settlement proceeds as compensation for services rendered, and that Hinds has not paid. The demurre...

Excerpt: ...iscovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence. The original action in this matter was by E‐Commerce Lighting, Inc. (ECL) against E‐Commerce Trade, LLC (ECT). The issues between these parties were resolved with binding arbitration. On the same day that this court corrected the arbitration award, this court also granted Banc of California's (Bank) motion for leave to inte...

Excerpt: ... 43. The Court grants the motion to compel a further response to RFPs 11, 12, 17, 23, 37, 38, 39, 44, 54 and in part 60. RFP 60 is limited to Certified Pre‐Owned Policies and Procedures Manual(s) in use between the date Plaintiffs' purchase of the Vehicle and the present, but is otherwise denied. Page 4 of 6 The Court orders the parties to meet and confer in regards toward a mutually‐agreeable stipulated protective order. Factual / Procedural...

Excerpt: ...aintiffs contend they have sustained injuries due to the Defendants wrongful conduct. They assert one cause of action for negligence. Summary of Motion: Defendants seek to consolidate this lawsuit with RIC1902809 – Cordova v. Reyes, et al. The two lawsuits pertain to two different car accidents the Plaintiffs have been in (April 28, 2017 and May 14, 2017). Defendants argue that Lorenzo claims very serious injuries and underwent surgery on Augus...

Excerpt: ...ices of results. Furthermore, the statement was not an order. “Every direction of a court or judge, made or entered in writing, and not included in a judgment, is denominated an order. An application for an order is a motion.” (CCP §1003.) An order is defined as “the judgment, or conclusion of the Court, upon any motion or proceeding. It means cases where a Court or Judge grants affirmative relief, and cases where relief is denied.” (Gil...

Excerpt: .... Defendant challenges Plaintiff's claim of $1,647.23 for Jennifer Polhemus, who did not testify at trial. Plaintiff argues that the costs of taking the depositions of Defendants' six experts were all reasonably necessary for trial, even if Defendants chose not to call their expert economist (Jennifer Polhemus) for trial. Code of Civil Procedure section 1033.5, subdivision (a), subsection (3)(A), permits recovery to a prevailing party of the cost...

Excerpt: ... no merit to a cause of action by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code of Civ. Proc., § 437c; Cucuzza v. City of Santa Clara (2002) 104 Cal.App.4th 1031, 1037.) Once the defendant has made such a showing, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or as t...

Excerpt: ...orp. (2007) 148 Cal. App. 4th 97, 113.) The Court only takes judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgment. (Ramsden v. Western Union (1977) 71 Cal. App. 3d 873, 879.) Judicial notice is taken only as to the existence of the remaining items. Plaintiffs have not adequately explained the delay in seeking to add the Partition and Accounting causes of action. They con...

Excerpt: ...May 15, 2019, pursuant to CCP §473(b), on the grounds that they were entered due to the mistake, inadvertence, surprise or excusable neglect of counsel. On 9/13/16, Defendant Erblich filed his Answer to the Complaint. Thereafter, the parties stipulated to the filing of a FAC, which was filed 12/5/16. Defendants Werner, Werner and KMR Tours filed a demurrer to the FAC. The court ruled on the demurrer, resulting in the filing of a SAC on 2/7/17. O...

Excerpt: ...ing a timely proof of service, and on 10‐8‐19 for the failure to comply with that portion of the Court's order of 6‐24‐19 that directed the plaintiff to file a case management statement within three weeks that described the nature and amount of the damages being sought. The motion thereafter refers to both orders, but is vague as to which order is being challenged. Similarly, the declaration (at ¶ 20) says that the moving party seeks a d...

Excerpt: ...ten instrument), and 10th (aiding and abetting fraud and breach of fiduciary duty) causes of action in Plaintiffs' Fourth Amended Complaint. As to moving defendant Urwell Diversified Holdings, Inc. the FAC alleges in pertinent part as follows:  This action involves three parcels of property that are used as a licensed drug and alcohol residential treatment program.  These properties were owned by Plaintiffs Seeley and McLaughlin as Trustees...

Excerpt: ...CCP §2033.300(a), to be relieved from admissions deemed admitted. On August 8, 2019 the court granted Defendant's unopposed motion to deem admissions admitted as to three separate RFAs. On October 16, 2019, Plaintiff served her complete and verified responses and admissions/denials to the RFAs. Plaintiff now seeks to be relieved of the effect of the deemed admissions on the basis of inadvertence, mistake or excusable neglect. Plaintiff asserts t...

Excerpt: ...anti‐SLAPP motion must be filed within 60 days after service of the complaint. Subject to the trial court's discretion under CCP §425.16(f) to permit late filing, a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action. Ms. Lorton's motion was filed well after the expiration of the 60 day limitation. Defendant cannot use the fact that plaintiff filed an amended co...

Excerpt: ... CCP §2031.240(c)(1) and Wellpoint Health Networks, Inc. vs. Sup. Ct. (McCombs) (1997) 59 Cal. App. 4th 110, 130). Sanctions payable BY American Automobile Insurance Company (AMERICAN) to Defendant First Specialty Insurance Corporation (FIRST) in reduced, reasonable amount of $3,480.00. SET ONE: No. 1: Granted. Movants seeks the 14 policies which AMERICAN identifies in §7 of its complaint. It agreed to produce all such policies (subject to the ...

Excerpt: ...f sought a lis pendens which was denied. Plaintiff then obtained counsel, who then recorded a lis pendens. Defendant then applied ex parte to remove the lis pendens. Plaintiff then filed a First Amended Complaint on 9/11/19 for breach of contract, fraud and fraud in the inducement. On 10/4/19, the court granted Defendant's application to expunge the lis pendens but continued the matter for supplemental briefing on the issue of sanctions. Defendan...

Excerpt: ...e abatement is sought as to real property located at 5668 West Ramsey Street, Units A and B, in Banning, based on the property maintenance conditions (unpermitted sign; lack of business certificate; hazardous wiring), and the illegal operation of a commercial cannabis business. Plaintiff filed their Complaint on 8/7/19 alleging seven causes of action: 1) unlawful maintenance of a public nuisance (Civil Code §3479)‐ i.e. hazardous wiring; 2) Na...

Excerpt: ...ed until Scott and Blessing married. Scott and Blessing never married. Plaintiff executed the Subject Grant Deed at the office of Defendant/Cross‐complainant Beverly Hills Escrow (BHE) and alleges that he verbally advised BHE's escrow officer of the condition in which the Subject Grant Deed would take effect or be in effect delivered. Plaintiff did not give BHE any written instructions as to the Subject Grant Deed. Page 2 of 5 Because there was...

Excerpt: ...ponses to Requests for Production 1, 3, 4, 9, 13, 15, 16, 37‐40, 43, 46 and 47. The Court orders counsel to meet and confer regarding Requests for Production 31 and 33 and orders Plaintiff's counsel to narrow the requests to the relevant time period as it relates to Plaintiff's vehicle. 3. The Court denies all requests for sanctions. FACTS AND PROCEDURAL HISTORY This is a lemon law case arising from Plaintiff's purchase of a 2016 Chevrolet Trax...

Excerpt: ...anctions in the reasonable amount of $1,210 are awarded in favor of Ralphs and against Costco and its counsel of record. To establish “good cause,” for the requested discovery, the burden is on the moving party to show both relevance to the subject matter (e.g., how the information in the documents would tend to prove or disprove some issue in the case) and specific facts justifying discovery (e.g., why such information is necessary for trial...

Excerpt: ...n et al., CAL. PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2019) §10:32 et seq., the Court has the power to grant summary adjudication as follows: that one or more causes of action has no merit; that one or more claims for damages has no merit; that there is no merit to a claim for punitive damages; that there is no affirmative defense to one or more causes of action or claims for damages; that there is no merit to one or more affirmat...

Excerpt: ...mes Martin and Angie Gaytan solicited donations though a GoFundMe page to pay for specific medical bills of Martin that Martin and Gaytan falsely claimed were outstanding and not covered by insurance. The Rainieris allege Page 4 of 5 that after donating $100 they discovered that all of the medical bills had been paid by insurance. Martin and Gaytan then filed this cross‐complaint for (1) implied indemnity, (2) comparative indemnity, (3) declara...

Excerpt: ...en's Hospital Central California vs. Blue Cross of California (2014) 226 Cal. App. 4th 1260, the court addressed whether §1300.71(a)(3)(B) provided the exclusive standard for determining the reasonable value of the poststabilization services at issue. The court held that it did not, finding that in adopting §1300.71, the Department of Managed Health Care (DMHC) was setting the minimum claims payment and dispute resolution standards to ensure co...

Excerpt: ...omplaint alleging that the first through sixth causes of action fail to state facts sufficient to constitute any cause of action and are uncertain. The Third Amended Complaint alleges nine causes of action for (1) TRO, Preliminary and Permanent Injunctions, (2) Cancellation of Documents, (3) Nuisance, Injunction, (4) Fraud and Misrepresentation, (5) Breach of CC&Rs/Contract/Violation of Meetings Act, (6) Set Aside Settlement Agreement/Amendment N...

Excerpt: ...lity action. Plaintiff, Lanette Boyce, alleges she was a bus driver for Jurupa Unified School District when she was injured on 3/8/17 by a rubber hose that exploded and caused hot liquid to come through the dash of the bus she was driving, resulting in her injuries. Plaintiff alleges that Defendants Thomas Built Buses, Inc. (Thomas Buses), Daimler Trucks North America, LLC (Daimler Trucks), A‐Z Bus Sales, Inc. (A‐Z Bus), and The Goodyear Tire...

Excerpt: ...jection, within 15 days. Motion denied without prejudice as to requests 3, 7, 8, 9, and 10. Plaintiff should first attempt to obtain the information through the least intrusive means available. Motion denied as to requests 23, 24, and 32. Continue the motion as to requests 30, 31, 33, and 38 to allow parents to obtain notice. The motion is moot as to requests 34 and 37. Request for sanctions denied. To establish good cause for further responses, ...

Excerpt: ...sion of the arbitration agreement. The court finds, however, there is a possibility of conflicting rulings, since plaintiffs allege that another tenant collected the fraudulent charges for electricity on behalf of the moving parties. (See Abaya v. Spanish Ranch I, L.P. (2010) 189 Cal.App.4th 1490, 1493 [trial court had discretion to deny arbitration when some mobile home Page 3 of 4 park residents had arbitration agreements and others did not, si...

Excerpt: ...pare formal judgment and give notice pursuant to CCP Section 1019.5. Plaintiffs seek summary judgment on their 1st (Quiet Title) and 2nd (Declaratory Relief) causes of action. The motion was timely filed and served and no opposition was filed by Defendants, but was due 10/23/19. In large part, the evidence in support of Plaintiffs' motion is based on admissions deemed admitted (by court order 12/6/18). The admissions deemed admitted by Defendants...

Excerpt: ...ges that Dr. Rahmany (“Rahmany”) sexually harassed her beginning in 2017 when he joined the oncology unit. She alleges that Rahmany repeatedly flirted with her, touched her shoulder, hugged and asked her out on dates. On April 25, 2018, Rahmany allegedly pressed his face into her chest. Plaintiff claims that a supervisor from Loma Linda asked her to write an incident report for human resources, but following an investigation, no action was ta...

Excerpt: ... they are unwilling to wait longer than November 5 th. At this time, the contractual period for completion of the sale has been exceeded and the Duckworths can legally back out of the purchase agreement. On 10/31/19, Plaintiff Rosie Hernandez filed MPAs asserting that the order for the sale of the property is not stayed pending appeal. Plaintiff asserts that there are exceptions to the general stay rule, one of which is CCP Section 917.4 that pro...

Excerpt: ... production must set forth specific facts showing good cause justifying the discovery sought by the demand. Plaintiff moves to compel defendant's further responses to RFP Nos. 28, 29, 45 and 70‐72. Nos. 28 and 29 demand documents regarding anything to do with sexual harassment allegations made by any person other than plaintiff during the last five years, and any and all documents reflecting any and all investigations of sexual harassment towar...

Excerpt: ...ence claims it is or (b) the establishment of such facts by any other means provided by law.” Evidence Code § 1400. While Trust indicates he is Hosopo's custodian of record, he does not indicate where the document at issue came from. He Page 2 of 2 does not state that the document came from Plaintiff's personnel record. He does not state the document came from Hosopo. Plaintiff provides evidence that after demanding his complete employee file ...

Excerpt: ...nty. Plaintiff alleges he was wrongfully apprehended and arrested at his residence in Moreno Valley and then wrongfully detained at a jail in Santa Ana. (Complaint, ¶¶ 5‐9.) The facts of this case are analogous to the facts County of Orange v. Superior Court (Barrie) (1999) 73 Cal.App.4th 1189, 1191 (“Barrie”). In Barrie, the plaintiff was arrested in San Francisco and later imprisoned in Orange County on an invalid arrest warrant issued ...

Excerpt: ...me unspecified date in late November to some unspecified date in early December does not demonstrate good cause for the continuance of a trial in which no testimony is likely until December 10. Moreover, assuming there is a conflict, there is no evidence of reasonable efforts to avoid it. Specifically, there is no evidence of when she was retained, when she was informed of the trial date (set at the TSC on 5‐1‐19), and when she committed to b...

Excerpt: ...989) 48 Cal.3d 438, 447‐452; Alma W. v. Oakland Unified School Dist. (1981) 123 Cal. App. 3d 133, 144.) Sexual misconduct falls outside the course and scope of employment and should not be imputed to the employer even if the abuse occurred during work hours on the employer's premises. (Juarez v. Boy Scouts of America (2000) 81 Cal. App. 4th 377.) Sexual misconduct simply is not foreseeable, because it does not relate to employment duties or tas...

Excerpt: ...with the insurance requirements contained in the Lease. Defendants assert that Plaintiff's claims of new facts is false as Plaintiff has known of the hazardous waste allegations as far back as November 21, 2017. Defendants also assert that they will be severely prejudiced by the amendment, which seeks unspecified hazardous waste damages which are not covered by standard commercial general liability policies. C.C.P. §473(a)(1) provides in pertine...

Excerpt: ...fendant's contention in the demurrer, the complaint does not allege that Plaintiff was employed by Defendant or that the accident and injury occurred during the course and scope of employment. Defendant argues the worker's compensation exclusivity rule bars the present action against it, but defendant “bears the burden of pleading and proving” the exclusivity bar as an affirmative defense, unless the “complaint affirmatively alleged facts i...

Excerpt: ...e resigned from the Department but was recruited back in 2018 by Chief of Police Travis Walker.  Chief of Police Travis Walker on 6 to 8 separate occasions, over the course of a year, tried to fondle Plaintiff, both over and under her shirt. On one occasion, Plaintiff alleges Walker pulled his penis out and placed it in Plaintiff's hand. He also would grab Plaintiff's hands and force her to touch him. On another occasion Walker allegedly direc...

Excerpt: ...isability, Plaintiff asserts he received correspondence that he was placed on a 39‐ month rehire list and could not return to work because Defendant did not have a copy of his QME report. He contends that he was not permitted to return to work on 3/4/17 when he received a release from his doctor to return with minor restrictions. Plaintiff received his right to sue letter from the DFEH on 6/2/17. The Complaint filed on 6/12/19 alleges cause of ...

Excerpt: ...tiff's allegations seeking to challenge the initial inter‐fund loan are time barred as Plaintiff is seeking to invalidate a 2007 loan CVWD approved between two internal accounting funds and the May 2019 action was only to restate the loan repayment terms. Plaintiff asserts that this action is a single cause of action for reverse validation challenging the May 14, 2019 inter‐fund loan. Plaintiff asserts that his action is timely as it was file...

Excerpt: .... SUMMARY OF MATTER This is a premises liability action. Plaintiff Lori Hammond (“Plaintiff”) alleges that on December 16, 2016, she slipped and fell at the entrance to an Albertsons store in Eastvale owned and operated by defendant Albertsons Companies, Inc. (“Albertsons”) and managed by store manager Jennifer Cruz (“Cruz”) (collectively “Defendants”). Plaintiff filed the original complain on June 22, 2018, alleging premises liab...

Excerpt: ...Thursday, November 7, 2019. Analysis: Lents seeks a continuance of the trial, currently set for 12‐6‐ 19, for 120 days. The motion fails to demonstrate good cause. Lents argues that the naming of Vive TFP and Canterra Creek as cross‐defendants in the Dunlap cross‐complaint requires a continuance. The Court is not persuaded. Neither Vive nor Canterra are cross‐complainants. Therefore, they are not asserting any claims against Lents. The ...

Excerpt: ...'s. Code of Civil Procedure sections 583.210, subdivision (c), and 583.250. Both cross complaints must be dismissed under Code of Civil Procedure section 583.360 because the case was not brought to trial within five years. WPH filed its cross complaint on May 10, 2013. Western's was filed July 15, 2013. The five‐year deadlines were May 10, 2018, and July 15, 2018, respectively. By stipulation of the parties on September 11, 2018, the court orde...