Excerpt: ...Plaintiff's operative Second Amended Complaint alleges seven causes of action for (1) negligence, (2) negligent infliction of emotional distress, (3) intentional infliction of emotional distress, (4) sexual battery (Civ. Code, S 1708.5), (5) gender violence (Civ. Code, S 52.4), (6) Ralph Act Violation (Civ. Code, S 51.7), and (7) false imprisonment. The motion here concerns further responses to DHSE's Special Interrogatories, Set One, and Demands...

Excerpt: ...cle") which was distributed and warranted by Defendant American Honda North America ("AHW or "Defendant"). Plaintiffs allege the Subject Vehicle was unsafe with recurring electrical, engine, and brake problems, which Defendant was unable to repair. On 11/9/22, Plaintiffs filed a Complaint alleging violations of the Song-Beverly Consumer Warranty Act Express, and Fraudulent Inducement Concealment. Page 5 of 8 On 12/13/22, Plaintiff returned an exe...

Excerpt: ...ty to provide notice pursuant to CCP 1019.5. Plaintiff Chyvonne Anchondo alleges that she was in a long term relationship with decedent Kenneth Schlick, and used real property in Indian Wells as a vacaton home. Plaintiff and decedent agreed to refinance the property together, such that Plaintiff would obtain a 50% interest in the property. Plaintiff invested $100,000 in the property and paid the mortgage, and paid another $100,000 for furnishings...

Excerpt: ...e 2—20, alleging (1) battery, (2) intentional infliction of emotional distress ("IIED"), (3) negligent hiring, and (4) negligent retention. He alleges that on 6/5/2021, he encountered Doe 1 in the city of Corona, where he was working as a construction worker. (FAC '1 6.) Plaintiff alleges that Doe 1 started an argument with him, and hit him in the head and kicked him multiple times in the leg with steel boots. (ld.) As a result, Plaintiff alleg...

Excerpt: ...operty and general negligence. In the Complaint, Plaintiff alleges that on 8/21/22, he was riding his electric scooter on Elder Avenue, a public roadway, near the McDonalds located at 12371 Perris Boulevard, Moreno Valley, California, and fell due toa large pothole in the street. (Complaint at 6, 15.) The pothole was approximately 2 inches deep at its deepest point, with jagged and uneven edges and elevation changes throughout the hole, and it cr...

Excerpt: ...eeidence OPCO, LLC dba Riverwalk Post Acute ("Riverwalk"), Providence Group of Southern California, LLC, and Providence Group, Inc. ("Defendants"), asserting causes of action for elder abuse, violation of Health & Safety Code S 1430(b), wrongful death, and negligence per se. In the Complaint, Plaintiffs allege that Anna Almaraz ("Decedent") was a dependent adult who was involved in a motor vehicle accident in July 2021, that resulted in her being...

Excerpt: ...nge the privilege and for a court to consider. Responding party is to produce the further response within 10 days of this order becoming final. Moving party to provide notice pursuant to CCP 1019.5. This is an alleged childhood sexual assault case that started in 1993. Plaintiff Jane Doe moves the court to compel Defendant Palm Springs Unified School District to prov-de further responses to Form Interrogatories (Set One) numbers 4.1, 12.2, and 12...

Excerpt: ...ssive or capricious and does not indicate the likelihood that violations would be proven to have been knowing and intentional. The discussion is not sufficient and does not help the court in its evaluation of whether the Settlement is reasonable. • S A.4.a-d — Plaintiffs are each settling their individual claims for a cash payment $2,500 (in addition to their requested service fee of $5,000). There is no information in any of the accompanying...

Excerpt: ...) In March 2022, Defendant Sarah Franco ("Ms. Franco") was appointed Director of Procurement and Fleet. (ld. at '1 12.) Under Ms. Franco's leadership, Plaintiff allegedly noticed a negative change in her treatment, as well as that of Procurement Services Officer Lydia Bell ("Ms. Bell"), both of whom are Black women. (ld.) During her tenure, Ms. Franco allegedly treated Black employees differently from other non-Black employees. (ld. at 12—13.) ...

Excerpt: ... and (3) declaratory Page 6 of 9 relief. Caliber seeks to quiet title its security interest under a deed of trust to that of West Coast which Caliber contends is subordinated to its deed of trust, and a judicial declaration that West Coast has no right, estate, title, lien or interest whatsoever in the subject property that is superior to that of Caliber. Caliber's claim of superior security interest is based on the doctrine of equitable subrogat...

Excerpt: ...e moving Declaration of Mark Blanchette, who earned a Ph.D. in Biokinesiology with specialization in Biomechnics and has experience with premises liability accidents, etc. (See Ex. I to moving Compendium of Exhibits.) The evidentiary objections are based on lack of personal knowledge (Ev. Code SS 702, 800), and improper expert opinion (Ev. Code S 803.) For example: Objection No. 1 to entire Blanchette Declaration. As to lack of personal knowledge...

Excerpt: ...pert designation by adding Minho Yu, M.D., who was the attending physician of Plaintiff from the date of his stroke. (Declaration of Jeff Grotke ["Grotke Decl."l, 4.) Plaintiff's motion is accompanied by the declaration of his counsel, Jeff Grotke, who explains that Minho Yu, M.D. was retained by Plaintiff since submitting his expert witness list to give his expert opinion at trial. (Ibid.) Counsel also explains that, for reasons unknown, at the ...

Excerpt: ...fees plus $60 filing fee against Defendant and counsel, which amount the court finds reasonable. Factual and procedural background: Plaintiffs purchased a 2020 Honda Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant"). Plaintiffs allege Accord ("Subject Vehicle") which was distributed and warranted by Defendant American Honda North America ("Defendant") was unsafe with recurring e...

Excerpt: ...iled on 10/3/23 alleges the following causes of action: (1) negligence; and (2) negligence per se. Defendant seek to strike the portion of the Complaint that allege punitive damages on grounds the allegations are insufficient. Legal authorities and analysis: Pursuant to CCP Section 436, the court is permitted to: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading; (b) Strike out all or any part of any pleading not d...

Excerpt: ...rt on December 1, 2023. An abstract of judgment was issued on December 5, 2023. Defendants argue that the judgment entered on November 29, 2023 is not final because post-judgment motions are pending and the judgment may be appealed. These arguments are not persuasive or supported by law. A money judgment that requires payment of money is enforceable against all property of the judgment debtor. (Code Civ. Proc., SS 681.0110(a), 695.010(a).) "In or...

Excerpt: ...ce—including its prominent mutual arbitration clause—on four (4) separate occasions before the accident alleged in the Complaint. The claims she now purports to bring against Lyft arising out of her use of rideshare services arranged via the Lyft platform fall squarely within the scope of that agreement. Therefore, Defendant asserts that this court should therefore enforce the parties' agreement by compelling Plaintiff to arbitrate her claims...

Excerpt: ...Gregory Nylen, which the court rules on as follows: 1. SUSTAIN 2. OVERRULE Here, Plaintiff's claims fall into two categories—individual and derivative. Plaintiff's individual claims are clearly covered by the Arbitration Agreement. As to the derivative claims, it is well established that the initiator of a derivative suit "stands in the shoes" of the company whose rights such person seeks to enforce, and "[t]he causes of action do not belong to...

Excerpt: ...here was no causal connection between the treatment provided by Branuelas and the collapse of the headrest. (ld at '1 32.) This opinion was based, in part, on records showing that Dr. aranuelas had no notice of any imminent failure of the headrest support mechanism at any time prior to the incident. (ld at 28.) Defendant Young testified that he regularly inspected the chiropractic table on first day of each month, including April 1, 2021. (Deft. ...

Excerpt: ... deemed the prevailing party. Plaintiff now moves for an award of attorney's fees and costs in the total amount of $58,586.28, which includes: (1) a lodestar of $33,914.50; (2) $6,000 for anticipated fees for reviewing opposition, drafting reply and appearing at the hearing on this matter; (3) a 1.35 multiplier in the amount of $11,870.07; and (4) $6,801.71 for litigation costs. GM opposes the motion arguing that the billing is excessive or fabri...

Excerpt: ...eory of liability in the motion for summary adjudication that was not alleged in the Complaint. (See Hutton v. Fidelity Nat'l Title Co. (2013) 213 Cal.App.4th 486, 493.) GRANT Motion for Summary Adjudication of the First and Second Causes of Action For Direct Negligence. Defendants move for summary adjudication of the first cause of action for negligence and the second cause of action for negligent hiring, training and supervision, arguing that t...

Excerpt: ...Mark W. Flory ["Flory Decl."l at 94, Ex. 1; Opposition, p.3: 10-12.) On October 3, 2022, Plaintiff filed a Doe amendment adding Decedent's estate as a Doe #1. On January 25, 2023, Plaintiff filed a Doe amendment adding Defendant, Maria Lidia Cardoza aka Maria Lidia Pineda ("Defendant"), Decedent's spouse, as Doe #2. On August 18, 2023, the Court granted Plaintiffs motion for leave to file a First Amended Complaint ("FAC"). On August 21, 2023, Pla...

Excerpt: ...lot warranted and distributed by AHM. A Complaint was filed on October 5, 2022 and a First Amended Complaint on October 26, 2023 alleging: (1) Violation of Song-Beverly Act — Breach of Express Warranty; and (2) Fraudulent Inducement — Concealment. The gravamen of the pleading is that the subject vehicle was delivered to Plaintiffs with defects and conformities to warranty that substantially impaired the use, value, and/or safety of the vehicl...

Excerpt: ... a deterioration in their business relationship. In 2019, Carrick sued Gonzalez for breach of express and implied pool agreements, declaratory relief, and breach of support contract in case PSC1901644. In 2020, the parties resolved the action via a written settlement agreement and voluntarily dismissed the lawsuit. In 2022, Carrick sought to vacate the dismissal and enforce the settlement agreement under Code of Civil Procedure section 664.6. The...

Excerpt: ... 2023, along with allegations pertaining to punitive or exemplary damages. "[A1 moton to strike is generally used to reach defects in a pleading which are not subject to demurrer." (Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342.) A motion to strike may be brought to strike the portion of a pleading on the grounds that that pleading contains "irrelevant, false, or improper matter" or "not drawn in conformity with Californ...

Excerpt: ...e" under the Act because the vehicle had been previously owned by Enterprise Rent- A-Car as a GM commercial fleet vehicle, for which GM issued a fleet vehicle warranty. Generally, the remedies available under Song-Beverly do not extend to a purchaser of a used vehicle bought from a third- party dealer. (Dagher v. Ford Motor Co. (2015) 238 Cal.App.4th 905, 924.) In Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, the Court of Appeal concluded t...

Excerpt: ...raudulent concealment cause of action. The facts of this case a very similar to Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828. Here, Plaintiff alleges engine defects (Complaint; Paras.ll and 60), exclusive knowledge (Paras.61-62), active concealment (Paras.62-63), allegations that Plaintiff would not have purchased the vehicle had she known of the defect (Paras. 64-65), and damages (Para.56.) These allegations are sufficient for ...

Excerpt: ... the Complaint on June 11, 2020, alleging negligence and premises liability. Trial in the matter was originally scheduled for October 5, 2022. The Court granted Defendant's ex parte application to continue trial, and continued trial to June 16, 2023 with all statutory and pre-trial deadlines to be covered by the new trial date. On April 27, 2023, the parties timely designated experts. The parties subsequently noticed expert depositions, but the p...

Excerpt: ...tition (the "Petition") in this action on March 19, 2021 and the operative first amended petition ("FAP") on April 22, 2021 against respondent City of Palm Springs (the "City"). The real party in interest is PS Resorts, a mutual benefit corporation consisting of representatives from resort hotels within the City. (FAP, '1 13.) Petitioner seeks to stop the installation of a 26-foot tall statute of Marilyn Monroe — the Forever Marilyn statute —...

Excerpt: ...e payments from his bank account. On 2/27/22, Plaintiff Maria was in a car accident and when she called Jones to make a claim, she was advised for the first time that the policy was cancelled due to non-payment. Plaintiffs contend that there was no notice provided. On 2/23/23, Plaintiffs filed their complaint for: (1) breach of written insurance contract; (2) breach of covenant of good faith and fair dealing; (3) intentional misrepresentation; (4...

Excerpt: ...the cause of action for dangerous condition on public property (Gov. Code, #810 et seq.) under the doctrine of primary assumption risk. Once the burden shifted to Plaintiff, she failed to meet her burden of producing evidence to show that a triable issue of one or more material facts exists as to the City's defense. EVIDENTIARY OBJECTIONS TO THE DECLARATION OF BRAD P. AVRIT: Overrules as to #1 Sustained as to #'s 2-7 "A defendant moving for summa...

Excerpt: ...ir reply. As the defects these objections are directed to are easily fixable (and if remedied, the expert declaration is likely sufficient to create a triable issue of material fact), the motion is continued to allow Plaintiff to submit the necessary evidence to properly support her expert's opinion. A. General Objection to Plaintiff's Declaration Defendants first raise a general objection to Plaintiff's declaration, in which she disputes certain...

Excerpt: ...81 Magnolia Avenue. The predecessors-in-interest to all the real property recorded covenants and easements to form a shopping center, i.e. Four Party Agreement entered in 1979 that required the owners to use the property as a shopping center, limits development, and prohibits the impediment of pedestrian or vehicular traffic. Defendants Magnolia Partnership and Realm Real Estate, LLC are currently developing 450 residential units that would elimi...

Excerpt: ...ranted by Defendant General Motors, LLC ("GM"). Along with the purchase of the Vehicle, GM expressly warranted to fix or repair any defects in workmanship or materials for three years or 36,000 miles under the bumper to bumper warranty and five year or 60,000 miles under the powertrain warranty. (FAC '1 9.) Shortly after purchase, Plaintiff began to experience significant problems with the Vehicle's transmission. Plaintiff brought the Vehicle in ...

Excerpt: ...Ciletti filed the instant action against Defendants Rheem Manufacturing, The Home Depot lnc, Continental Assurance Co- No America, Melet Plastics, Ace/chubb et al. on March 10, 2023. Plaintiff alleges she purchased a water heater designed by Rheem Manufacturing at Home Depot that was defective. Plaintiff alleges the water heater flooded and caused water damage, mold, damage to the water heater closet, floors, baseboards, doors, and rooms adjacent...

Excerpt: ...ltes, on the grounds that it was improper, not supported by the facts, and the result of due process violations by the City. Petitioner's Opening Brief Petitoner argues that the amount of tax assessed by the City, including interest and penalties, was improper, not supported by the facts and violated its due process rights. Specifically, Pettioner argues that the City's decision and the hearing was conducted under the wrong provision (i.e., PSMC ...

Excerpt: ...P 1019.5. Plaintiff, Earthbound Solutions, LLC, alleges that on 3/18/20, it contracted with Defendant, Danny Rodriguez, individually and as Trustee of the Esther Gonzales Living Trust, to purchase real property known as 50590 Calle Mendoza in Coachella. Prior to the sale, Defendant represented that he owned the property in his individual capacity, and not in his capacity as Trustee, and that he had the legal power and right, without the need for ...

Excerpt: ... when it vacated the leased premises without notice, failed to pay rent for the balance of the lease, and failed to mediate in compliance with the terms of the lease. The Complaint further alleges that Defendant defrauded Plaintiff when it promised to pay rent for the duration of the lease, promised to mediate disputes, and made other promises without any intention of performance and with the intent to defraud and induce Plaintiff's reliance. Fur...

Excerpt: ...Plaintiffs Ruben Vega and Rosalie Vega ("Plaintiffs") allege that they purchased a 2019 GMC Sierra 1500 that contained defects in regards to a faulty battery, check engine warning light, transmission shuddering when shifting gears, illumination of "reduced power mode" warning; and engine cranking. On November 29, 2022, Plaintiffs filed their complaint against Defendant General Motors, LLC ("Defendant" or "GM"): (1) breach of implied warranty of m...

Excerpt: ...) AND REQUEST FOR SANCTIONS IN THE AMOUNT OF CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. MOTION TO COMPEL CVR12205065 WACHIURI VS COLUMBIA RIVERSIDE, INC. PLAINTIFF CHRISTINE WACHIURI'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF DEFENDANT COLUMBIA RIVERSIDE, INC. TO PLAINTIFF'S REQUEST FOR ADMISSION (RFAS), SET ONE, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $2,901.90 ...

Excerpt: ...les of justice and equity ... paths neither marked no traceable by judicial review." (Moncharsh v. Heily & Blase (1992) 3 cal.4th 1, 11; Noguerio v. Kaiser Found. Hospitals (1988) 203 cal.App.3d 1192, 1195.) Courts will not review the validity of the arbitrator's reasoning or the sufficiency of the evidence supporting the arbitrator's award. (Moncharsh v. Heily & Blasé, supra, 3 Cal.4th at 12-13.) By agreeing to arbitration, parties agree to bea...

Excerpt: ...rm (collectively "Dorrvs") as a full-time non-exempt hostess and waitress. In November 2021, Plaintiff informed Solis of her pregnancy, whose response was to the effect of "how stupid could you be? You're only 21, you're going to ruin your life!" Beginning in January and continuing into February 2021, Solis commented on Plaintiff's "size," telling her that she was "waddling" and needed to move faster. Plaintiff also did side-work babysit-tng Soli...

Excerpt: ...r Complaint on September 19, 2022. Defendants demurred to the Complaint on May 31, 2023, to which the court the court, on July 12, 2023, sustained with leave to amend. Thereafter, on September 1, 2023 Plaintiff filed a First Amended Complaint. Plaintiff's FAC alleges 4 causes of action for 1) Breach of Contract, 2) Fraud, 3) Conversion, and 4) UCL violations. Before either Defendant filed a response to the FAC, Plaintiff filed this motion seeking...

Excerpt: ... (second) motion to bifurcate the trial and have this issue heard first before the liability and damages phases. Defendants seek an attorney fee award of $2,356,513. Defendants contend this amount is reasonable given the extent of the litigation in this case and in light of GTOK's eight-figure damages claim. Thirty-eight individuals were deposed in this action individually, resulting in a total of fifty-seven deposition transcripts. Defendants no...

Excerpt: ...t and 2nd causes of action, as alleged against Dr. Darnell, with 30 days leave to amend. 2. The motion to strike is moot as to punitive damages and attorneys' fees associated with the 1st and 2nd cause of action, as against Dr. Darnell. However, since 30 days leave to amend is granted for the demurrer, counsel can reallege punitive damages if there are facts supporting the 1st and 2nd cause of action. However, the motion is granted as to punitive...

Excerpt: ...n the scope of his employment with Defendants Jat Trucking ("Jat") 50 60 Heaven ("Heaven") and/or Fedex Ground Package Systems, Inc. ("Fedex"). Plaintiffs allege that Gomez was driving negligently at the time of the incident. Decedent's parents Plaintiffs Steven Rigg and Michelle Ploesche, individually and as successorsin-interest to Michael Rigg ("Plaintiffs") filed their Complaint on March 15, 2022. They assert nine causes of action for: (1) Ne...

Excerpt: ...e the initial filing fee is the only amount that has been properly documented. Defendants argue fees to download copies of documents from the court are not recoverable because they are not filing or motion fees. In Opposition, Plaintiff provides invoices to support the following costs: 1. Legal Lawgic eFiling (11/1/23): $43.70 2. Legal Lawgic eFiling (10/26/23): $43.70 2 Even if the Court was inclined to find that Defendant's had met their burden...

Excerpt: ...Court (1999) 75 Cal.App.4th 169, 177.) It is irrelevant whether plaintiff had the means to obtain such knowledge when the complaint was filed, or even if the plaintiff was negligent or failed to exercise reasonable diligence in not discovering the defendant's identity or liability earlier. (See McGowen v. Grossman (2007) 153 Cal.App.4th 937; General Motors Corp., supra, 48 Cal.App.4th at 596; Grinnell Fire Protection System Co. v. American Sav. &...

Excerpt: ...ots once after the subdivision of the property. Plaintiff alleges that in approximately eighteen years following the agreement, Defendants have taken little to no action to comply with the terms of the agreement and develop the property. The complaint was filed on 9/21/22 and alleges causes of action for 1) Breach of Contract; 2) Breach of Duty of Good Faith and Fair Dealing; 3) Elder Abuse; 4) Declaratory Relief By this Motion, Defendants seek t...

Excerpt: ...(2001) 25 Cal.4th 826, 855.) The California Supreme Court has held that the conduct of teachers who sexually molest students under their supervision will not be imputed to school districts to permit recovery by injured students from the employing districts under the doctrine of respondeat superior. (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 447-52; Kimberly M. v. Los Angeles Unified School Dist. (1989) 215 Cal.App.3d 545, 547-...

Excerpt: ...otion to Strike Plaintiff's Complaint Pursuant to the anti-SLAPP Statute Code of Civil Procedure S 425.16 ("the ant-SLAPP Motion") in fts entirety without leave to amend. As a result, Plaintiff's Complaint for (1) retaliation for exercise of rights, and (2) California Family Rights Act retaliation was stricken, as were the claims for punitive damages and other relief Plaintiff. As a prevailing defendant on an ant-SLAPP Motion, pursuant to Code of...

Excerpt: ...u have to follow the law. Like it or not, the answer to this question is zero because we didn't put that evidence before pu. But that's how this verdict form should be answered based upon the evidence and the law in this case." (Ex. 2 Transcript, p. 86.) And, "l acknowledge we didn't prove any of the damages on the 30-day claim. That should be answered zero." (Ex. 3 Transcript, p. 10.) "'In the trial of a cause the admissions of counsel, as to ma...

Excerpt: ...eway Ill, LLC ("Defendant"). Plaintiff alleges that the Premises were designed or maintained in a dangerous condition. Plaintiff alleges that she suffered injuries as a result of the fall. On May 19, 2022, Plaintiff filed her Complaint, asserting one cause of action for Premises Liability. Defendant now moves for summary judgment. Defendant argues that it had no actual or constructive notice of the dangerous condition because there were no prior ...

Excerpt: ...project contained a fungus that caused Valley Fever; he contracted Valley Fever; his predecessor at the project also contracted Valley Fever; Defendants did not inform Plaintiff about the predecessor or that he had Valley Fever; and his symptoms got worse. (Complaint at "1 12-22.) However, there are no allegations indicating Defendants knew the fungus that caused Valley Fever was in the soil at the project, that they knew how Plaintiff's predeces...

Excerpt: ...nage his birth. Plaintiff alleges Defendants negligently diagnosed, cared for and treated him for his medical condition, which resulted in permanent injury and disability to his brain and cardiopulmonary damage. Plaintiff filed his operative First Amended Complaint (FAC) on 3/23/23 alleging a single cause of acton for medical malpractice. *** Plaintiff, Luke Barajas, a minor, by and through his Guardian ad Litem, Adrian Barajas, brings this motio...

Excerpt: ...laim for damages must be presented to the public entity within six months of the date the cause of action accrued. (Gov. Code S 911.2.) If a plaintiff fails to file a government claim within the six- month period, he or she may apply to the public entity for permission to file a late claim. (Gov. Code S 911.4.) Such an application must be presented within a reasonable time, and not later than one year after the accrual of the cause of action. (Go...

Excerpt: ...merit as Plaintiff cannot establish the element that DGSA was an owner, lessor, manager, or possessor with any control to place any safety barriers to protect spectators of the softball field. Defendant also met its initial burden of producing evidence to show that it has a complete defense to the cause of action for premises liability under the doctrine of primary assumption risk and exculpation provisions contained within the waiver contract si...

Excerpt: ...e town car collided with a Dodge Ram. Denise Monroe claiming numerous physical injuries, including headaches, post-concussion syndrome, numbness in extremities, back pain, hip pain, and a neurocognitive disorder. Plaintiff Denise Monroe previously appeared for independent medical examinations (IME) with orthopedic surgeons Michael Weinstein and Nicholas Rose to address her various orthopedic issues. Defendants served an initial demand for IME wit...

Excerpt: ...at occurred on July 17, 2019. Plaintiff Jerry Cradduck alleges that he suffered serious skin and respiratory injuries caused by excessive chemical levels in the spa at the Embassy Suites Palm Desert. Plaintiff sued the hotel operator and franchisee, EHT ESPD, LLC ("EHT") and the parent company of the franchisor, Hilton Domestic Operating Company, Inc. ("Hilton"). Liberty Mutual Insurance Company (together with EHT, "Liberty") intervened in this a...

Excerpt: ...cation wages, unreimbursed business expenses, waiting time penalties, late payroll penalties, and other damages. An administrative hearing occurred and the Hearing Officer found that Plaintiff failed to establish her claims as to Kim, Cho, and Ko. She found that Plaintiff's claims had merit as to and awarded Plaintiff $160,345.16. She found that out of this amount, Chung was jointly liable for $156,605.46. Plaintiff filed a Request that Clerk Ent...

Excerpt: ... and Second (Money Had and Received) Causes of Action. Compliance with CRC Rules 3.1350(b) and 3.1350(h) he Notice of Motion ("Notice") filed by Plaintiff states that it is seeking summary adjudication as to the following two issues: (1) Defendants have no defense to Plaintiff's first cause of action for breach of written contract, and (2) Defendants have no defense to Plaintiff's second cause of action for common count (money had and received). ...

Excerpt: ...Plaintiffs allege that they were under the direct custody, care and control of the County and its agents; Plaintiffs' detention was court-ordered and mandatory; and the duration and nature of their commitment were dependent upon compliance with the County's agent's demands. (ld. at '13.) They allege that the County's agents used their position of trust and authority to sexually abuse them. (ld. at '14.) According to Plaintiffs, the County establi...

Excerpt: ...c Policy is denied; as to the 6th Cause of Acton, it is mint. A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. (CCP S 430.10(e).) In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court assumes the truth of all mater...

Excerpt: ... Labor Code section 887 allows employers of emergency ambulance employees to require them to be reachable via a portable communications device throughout their meal and rest break. They assert the facts alleged do not support the fifth cause of action. Defendants seek to strike allegations for failure to reimburse uniform purchases and uniform maintenance because said reimbursements are not recoverable. They seek to strike references to waiting t...

Excerpt: ..., and excerpted quotes from, documents not attached as exhibits to the complaint].) SUSTAIN Defendants' Evidentiary Objections. SUSTAIN Defendants' Demurrer to the First Cause of Action for Financial Elder Abuse without leave to amend. DENY Defendants' Motion to Strike as MOOT. The TAC allegations do not support Plaintiff's contention that Defendants knew or should have known that preparing the quitclaim deed, at the request of Bernice's financia...

Excerpt: ...asures and Plaintiff fell and fractured her hip. Even after this fall, Defendants continued to implement fall prevention measures. It appears, Plaintiff fractured her hip a second time at Defendants' facility, after an altercation with another resident. Defendants waited two days before taking her to the hospital, even though she complained of pain. The complaint asserts a claim for elder abuse/neglect and negligence. Plaintiff brings a motion se...

Excerpt: ...e habitually practiced and carried on as a business."' " Nguyen v. Superior Court (1996) 49 Cal.App.4th 1781, 1787. One wrongful act does not show acts of lewdness that are habitually practiced and carried on as a business. "The Red Light Abatement Law declares to be a public nuisance any place which is used for the purpose of lewdness, assignment or prostitution." People ex rel. Hicks v. Sarong Gals (1972) 27 Cal.App.3d 46, 50. There is no evide...

Excerpt: ... McCarthy. According to the Complaint, "On or about November 18, 2020, plaintiff Jason R. Rangel was the driver of a vehicle... and at the same tme and place defendants, and each of them, so negligently owner, controlled, repaired, entrusted, maintained, and operated an automobile as to cause to, and did, become involved in an accident or collision, injuring and damaging plaintiff." Defendant asserts that he breached any duty or cause the acciden...

Excerpt: ...wner of the Property, Code Enforcement Officers observed and documented outdoor cannabis cultivation on the Property. (UMF ## 1, 4, 5, 7). As both of these facts are undisputed, the only remaining question is whether any exemptions apply to Defendant. There are limited exemptions that allow the cultivation of cannabis for (1) personal use, or (2) a medical cultivation by qualified patients or primary caregivers. First, the personal use exemption ...

Excerpt: ...e arch to minimize the amount of anesthesia needed; (2) failing to use the correct type of anesthesia, using too much anesthesia, and not adequately considering interactions with Decedent's medications; and (3) failing to timely call 911 to address Decedent's life-threatening change in condition following treatment. (Torbiner Decl. at 10-17). This, along with his opinion that these breaches were a substantial factor in Decedent's death, are suffi...

Excerpt: ...sing her to fall and sustain injuries. She alleges that the ice rink was maintained so as to create an unsafe condition leading to an unreasonable risk of injury, which Defendants could have and should have repaired, protected against, or adequately warned Plaintiff about. Her Complaint was filed on 10/19/22 alleging two causes of action for prem-ses liability and general negligence. Defendants, Peltzer, bring this motion for summary judgment, al...

Excerpt: ...ry judgment. Factual / Procedural Context: This is a wrongful death action arising out of a fatal car accident. The plaintiffs allege a freightliner tractor-trailer driven by defendant Joseph M. Ficher ran the red light at the intersection of State Route 86 ("SR-86") and Avenue 50 in Coachella, California, and broadsided a Nissan Sentra that entered the intersection on a green light from eastbound Avenue 50, killing both occupants. Plaintiff Jose...

Excerpt: ...os Angeles Superior Court Case BC480956 deeming his security interests forfeit is void as his interests were not represented and no notice of the relief granted was given. In addition, Plaintiff asserts that the ruling is void because the court may not rule on matters not requested and noticed in the motion. Plaintiff asserts that as the ruling is void then there is no second action to which the one action rule applies. Therefore, Plaintiff asser...

Excerpt: ... Chavez, made racist comments about white males, which were substantiated by three separate investigators. Defendant Metropolitan Water District of Southern California failed to correct Chavez's behavior, and instead redacted a report that had allegations of Chavez, promoted her, etc. Plaintiff was not promoted due to his complaint. Page 9 of 11 On 10/31/23, Plaintiff filed his complaint for: (1) race discrimination; (2) race harassment; (3) gend...

Excerpt: ... is sustained as to Objections Nos. 1, 3, 4, 5; and overruled as to No. 2. Defendants' request for judicial notice in support of opposition is denied as to Nos. 1-2 and granted as to Nos. 3-19. Factual / Procedural Context: Plaintiff is an owner of a property in a subdivision who challenges the adjacent property owners' claim of an access easement through a portion of Plaintiff's lot in order to access the adjacent property which does not have it...

Excerpt: ..., Decedent was sent home, where his symptoms worsened. Decedent returned to the emergency department of the Medical Center multiple times, but was not prescribed SMDET. Eventually, Decedent was admitted to the Medical Center. Defendants Ramin Akhavan, MO, Ali Varasteh, MD, Taral Patel, MD, and Aimee French, MD (collectively "Physician Defendants") administered Remdesivir, Dexamethasome and Tocilizumab (collectively "Proscribed Drugs") to Decedent...

Excerpt: ...knowledge and hearsay. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994 [in ruling on a demurrer, a court may not consider declarations, matters not subject to judicial notice, or documents not accepted for the truth of their contentsl.) Here, not only are the...

Excerpt: ..."), and Defendant Fleet Financial Resources (hereinafter referred to as "Fleet") in or about February 2017. Marlin Leasing Corporation ("Marlin") is also a named defendant. In or about February 2017, Plaintiff leased a customized 2015 Mercedes Sprinter hereinafter referred to as "Vehicle") from A-Z. Fleet provided financing services for the lease. The events that occurred regarding the lease was generally described in 11 through 16 of the FAC. At...

Excerpt: ...of action for concealment, with 30 days leave to amend. The Court overrules the remaining portions of the demurer. On the motion to strike, the Court grants the moton to strike the provision requesting attorney fees, with 30 days leave to amend. The Court denies the motion to strike punitive damages. Factual / Procedural Context Plaintiff Operation Safehouse, Inc. ("OSH") has sued its former auditors, Lund & Guttry, LLP, Shannon Maidment, and Gar...

Excerpt: ... need to address Plaintiff's Demurrer and Motion to Strike Cross-complaint. (Cohanghadosh Decl. '1 3(A); Kane Decl. '14.) As for the Motion to Strike: Defendants' Motion to Strike is granted with leave to amend within 20 days. Civ. Code S 3294(c) authorizes punitive damages upon a showing of malice, oppression, or fraud, which are defined as follows: (1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or...

Excerpt: ...le, and did not cause any harm to Plaintiff. (Young Decl. "1 2-15.) Dr. Young also submits the declaration of Dr. Sigmund, who is a neuroradiologist. He declares he reviewed Plaintiff's MRI's from before the alleged incident, and after, and concludes to a reasonable degree of medical probability that Plaintiff did not suffer any injury to his spine due tothe incident. (Sigmund Decl„ 14-15.) These expert opinions are supported by Plaintiff's med...

Excerpt: ... the Subject Property since 2013 free and clear of all liens. In 2016, non-party ODES Industries ("ODES") — now defunct - obtained a small business loan from defendant Citizens Business Bank ("Citizens Bank") in the amount of $2,100,000. Defendant Michael Smith, the President of ODES ("Smith") and his wife Allison Campbell-Smith ("Campbellsmith") personally guaranteed the loan. Plaintiffs allege that, when the loan was modified in 2018, the Smi...

Excerpt: ...t to the subject matter of this action, and the witnesses Plaintiffs seek to depose are the owners and employees of Defendant South California Road to Recovery who have knowledge of facts and documents that are relevant and essential in this action. Defense counsel has twice canceled the entre slate of depositions without justification in a transparent effort to stonewall discovery and has done so at the last moment, thereby intentionally running...

Excerpt: ...ona, Inc. ("Vista Cove") entered into a commercial lease ("Lease") for the Subject Property. The leased premises are a skilled nursing care facility (SNF) and a residential care facility for the elderly ("RCFE") (collectively "Leased Premises"). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute ("CPA") and Corona RCFE, LLC (RCFE) ("Assignment"). On October 30, 2020, Versacare and CCV entered into a Purchase and Sale Agre...

Excerpt: ...tal responses to requests for production of documents nos. 7, 8, 43-48, 53-56, and 59. If supplemental responses have been provided by the date of the hearing the motion is moot as to these requests. If not, the Court grants the moton as to these requests. The remaining requests for production of documents addressed in the joint statement are requests nos. 14-29, 49, and 65. Plaintiff's notice, memorandum of points and authorities, and separate s...

Excerpt: ... fraud, or malice in the commission of the abuse described here" found in paragraph 60, page 13. (1st cause of action.) 2. The words, "and was despicable conduct that subjected Plaintiff to a cruel and unjust hardship in conscious disregard of Plaintiff's rights, so as to justify an award of exemplary and punitive damages" found in paragraph 83, page 17. (2nd cause of action.) 3. The words, "[t]he profits received by Defendants from a vulnerable ...

Excerpt: ...Plaintiffs filed their complaint for: (1) violation of Civil Code 5896 et seq.; (2) breach of contract; and (3) breach of implied warranty. On 4/7/21, the Toscana Defendants filed a cross-complaint for indemnity, breach of warranties, breach of contract, negligence, contribution and declaratory relief against the sub contractors. The subcontractors then filed their own cross-complaints for indemnity and contribution. Pursuant to a stipulation fil...

Excerpt: ...s, LLC and Mahmood ("Mike") Saifie in the Northern District of Georgia on September 12, 2023. Granted under Evidence Code S452(d). OBJECTIONS Defendant makes thirty-five individual objections to the declaration of Jennifer Baskaron and the exhibits attached thereto. "In granting or denying a moton for summary judgment or summary adjudication, the court need only rule on those objections to evidence it deems material to its disposition of the moti...

Excerpt: ...mber 2019 until her death on September 5, 2020. Decedent abused alcohol and amphetamines, while also suffering from depression and bipolar disorder. Defendant admitted Nicolas Kanukov, a heroin user. Decedent and Kanukov began an intimate relationship, of which Defendant was aware. In July 2020, Decedent tested positive for morphine, despite the fact that she was allergic to it. She also sustained a broken nose and concussion when she fell due to...

Excerpt: ... final. Defendant to provide notice pursuant to CCP 1019.5. On August 28, 2023, Plaintiff Codie Lea Koenke ("Plaintiff") filed a Verified Complaint against Defendants Mohammed Zakhireh, M.D. ("Dr. Zakhireh") and Zak Medical Corp. ("Zak Medical") (collectively, "Defendants"), alleging (1) harassment (CCP S 527.6), (2) violation of Fair Employment and Housing Act ("FEHA"), (3) intentional infliction of emotional distress ("IIED"), and (4) negligent...

Excerpt: ... the Fosters approached Sajan with an opportunity to invest in real estate through the Fosters' business 2nd Chance Investment Group, LLC ("2nd Chance"). He invested $20,000 towards the purchase of property in Long Beach and was promised repayment plus a 20% fixed interest return on his investment within 6 to 8 months. When the Fosters/2nd Chance repaid the loan, they convinced Sajan to contact others to invest with 2nd Chance and the Fosters pro...

Excerpt: ...llectively, "Plaintiffs") allege Mandy Zhang is a real estate agent and that since 2016 she has specialized in the acquisition of undeveloped parcels of real estate zoned for the growth of hemp and cannabis. Plaintiffs also alleges that when requested by customers, Mandy Zhang proVdes management services for the growth of hemp or cannabis. Plaintiffs allege that Mandy Zhang formed Cornerstone to conduct the oversight and project management busine...

Excerpt: ...ersuasion and production; thus the burden does not shift to the plaintiff to raise a triable issue of material fact; and (2) the plaintiff raises triable issues of material fact. The Defendant Has a Duty of Due Care for the Plaintiffs Safety The plaintiff, Valerie Veronica Gonzales, and the defendant, Bourn Family LLC, agree that the elements of a negligence claim and a premises liability claim are the same. 80th require a legal duty of care, a b...

Excerpt: ...26, 27, 33, 35, 35, and 43 at issue. Plaintff's issue with requests nos. 1-6, 9, 10, 12, 14-16, 23, 26, 27, 36, and 43 is that while the responses indicated that Moreno Valley Unified School District ("District") would comply with the request, they did not say whether the compliance was in full or in part. In response to requests nos. 1, 3-5, 14-16, 23, 26, 27, and 43, District responds without objections and states that it will comply with these...

Excerpt: ...nt. 5. GRANT the motion for summary adjudication as to the 2nd, 3rd and 4th causes of action. However, the court allowed the parties to file further briefing as to the 1st and 5th causes of action, and as to evidentiary objection no. 23. OVERRULE Objection No. 23. There are two layers of hearsay covered by this Objection—the statement from Shaw to Sanford, and the statement from Sanford to Plaintiff. Neither Shaw nor Sanford were named as defen...

Excerpt: ...ories 6-7 are not overly broad because they are limited to other vehicles of the same year, make, and model. The attorney-client privilege as to Categories 10-15 are not valid yet. Category Nos. 10-15 do not require testimony that would violate these protections. To the extent that questions at the deposition violate these protections, GM's counsel could object at the time. Nor in this area was the court persuaded by the claim that the informatio...

Excerpt: ...is further ordered to pay attorney's fees and costs to moving party in the amount of $508.50 within 30 days of service of notice. (CCP 2023.010, 2030.290 2031.310, and 2033.280.) Prevailing party ordered to give notice pursuant to CCP 51019.5. Responding party is ordered to serve verified responses to the Demand for Production of Documents, set 1, Nos. 1, 2, 3, 12, 17, 19, 22, 24, 30, 35, 38, 40, 41, 48, 53, 55, 56, 55, 73, 74, 75, and 77 without...

Excerpt: ... payment for depreciation for repairs made to his home after a roof leak, and for personal property that was damaged, which Plaintiff alleges were covered under his homeowners policy. Plaintiff claims the alleged withholding of policy benefits was done in bad faith. The Complaint was filed on 6/7/22 and alleges causes of achon for breach of contract and bad faith. By these motions, Defendant moves to compel Plaintiff to provide further responses ...

Excerpt: ...ntext On September 6, 2023, Plaintiff, Edmundo Rodriguez ("Plaintiff") filed a Complaint against Defendant, Super Center Concepts, Inc. dba Superior Grocers ("Defendant") for general negligence and premises liability. Plaintiff alleges that on September 10, 2022, he slipped and fell on dirty water left on the floor of the restroom in Defendant's store, located at 1130 West 6th Street, Corona, California. (Complaint, p. 4, GN-I.) Defendant knew th...

Excerpt: ...an employee of non-party Amazon, as a warehouse worker, was injured on the job by an improperly secured pallet of cardboard inside a trailer he was attempting to unload. Plaintiff alleges that the cargo came from Defendant International Paper Company ("IPC"), who contracted with Defendant National Distribution Centers, LLC ("Defendant") and Jess Diaz Trucking ("Jess Diaz") to load, transport and deliver its products. On 8/17/22, Plaintiff filed h...

Excerpt: ...d by various staff members/officers at various times between 1999 to 2011 while detained and housed as minors at the County of Riverside's juvenile detention facility, Riverside Juvenile Hall ("RJH"). (Second Amended Complaint ("SAC"), 2-4, 65-80.) Plaintiff DW alleges he was sexually assaulted by a female staff member/offcer while he was detained at RJH between 2005 and 2006. (SAC, 65- 69.) Plaintiff KJ alleges he was sexually assaulted, moleste...