Excerpt: ... provisions of the County Code. Plaintiff seeks injunctive relief requiring Defendants to obtain the requisite permits or alternatively to remove the structure. This matter was continued from April 1, 2021 after Plaintiff filed an “objection” just prior to the hearing indicating it had not been served with the demurrer and only discovered it by checking the Court's website. The Court continued the matter to permit the filing of an opposition....

Excerpt: ...e § 17200; (4) violation of Business & Professions Code § 17500; and (5) declaratory relief. Plaintiff alleges that Defendant improperly assesses numerous insufficient funds fees (“NSF fees”) on a single item. (FAC ¶ 1.) Plaintiff alleges that the subject Account Agreement and Fee Schedule (“Account Agreement”) provided that Defendant would charge one NSF fee for an item that was returned one or more times for insufficient funds but th...

Excerpt: ...a hearing on the motion as it may involve the receipt of evidence. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not render a final ruling until it holds the preliminary approval he...

Excerpt: ...n" or “the company”) and that on August 1, 2017, they entered into an agreement to sell their shares in D.Y. Calison to Amber and Robert Sykosky (the "Sykoskys"). That the sale closed on September 1, 2017. Prior to the sale, D.Y. Calison had obtained workers' compensation insurance from a carrier called Berkeley Net through Defendant. In obtaining the insurance policy, the Yaws told Defendant that they were selling D.Y Calison to the Sykoskys...

Excerpt: ...89.) A demurrer is used to challenge defects that appear on the face of the pleading under attack. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer can be utilized where a complaint itself is incomplete or discloses some defense that would bar recovery. ( Guardian North Bay, Inc. v. Superior Court (2001) 94 Cal.App.4th 963, 971‐972.) In reviewing the sufficiency of a complai...

Excerpt: ...dical physician, on various rating platforms, including but not limited Yelp, Google Reviews, and Web MD. The posts asserted representations that Plaintiff was an unskilled, unconcerned with patient care, had a bad bedside manner, was unable to interact with patients, committed malpractice, and is dishonest. Plaintiff alleges that these statements were not made by real patients but instead were made by Defendants Jamie and Fiona Arenson, with mov...

Excerpt: ...oom audio, if available (see bolded language above), to participate in oral argument on the continuance date. Defendants V. Penmetcha, M.D., A. Johnson, M.D., and S. Hill (collectively, “Defendants”) demurrer to Plaintiff Mervin LeRoy's (“Plaintiff”) First Amended Civil Complaint (“FACC”) is sustained with leave to amend. Plaintiff's currently‐operative “First Amendment Civil Complaint” (“FACC”) is actually the Second Amende...

Excerpt: ...s on the premises where the model homes were sold, i.e., the “Fireside” development. Plaintiff alleges that Defendant's guards were often late and failed to comply with check‐in procedures, including at the exact date and time of Plaintiff's assault. Plaintiff also alleges that there had previously been concerns raised to Defendants regarding the behavior of the very man who eventually did allegedly assault Plaintiff. (See generally, Pl.'s ...

Excerpt: ...mands for Production Set Four, is ruled upon as follows. This case arises out of a collision between a golf cart and a two‐year‐old boy at the 2018 Dixon May Fair. The golf cart was allegedly owned by Defendant Professional Event Services (“PES”) and was being driven by Defendant John Meek. While traveling through a concert venue at the fair venue, Mr. Meek drove the golf cart into and over Plaintiff David S. Cruz Abundio ("Plaintiff'), a...

Excerpt: ...eviously, Plaintiff moved to compel Defendant to provide full and complete responses to certain requests for production (set one). The Court granted the motion, but narrowed the scope of the requests. The subject requests, Nos. 1, 13, 17, 20, 22, 70, 74, and 75 related to Defendant's investigations and analysis regarding the Defects. Defendant had interposed numerous objections, which the Court overruled. In its Order of 1/14/21, the Court held t...

Excerpt: ...on as follows. Plaintiff alleges he was an employee of Acana Management beginning in or around June of 2015, and worked as a laborer until his wrongful termination on or about May 6, 2016 due to a perceived disability after he suffered a torn meniscus. Plaintiff alleges nineteen causes of action arising out of his employment. He alleges claims under FEHA, the Labor Code, and common law. In the instant motion, Plaintiff asserts that “Defendants ...

Excerpt: ...as follows. Factual Background This elder abuse/wrongful death action arises out of Eva Harris' eight‐day stay at a health facility, MCHC, during which time she suffered a fecal impaction that led to other complications causing her death on 6/29/2018. Suit was commenced on 6/13/2019 against defendant MCHC and Does 1‐100 but shortly thereafter, plaintiffs filed a series of amended complaints which inter alia named several additional defendants...

Excerpt: ...ording to the complaint, plaintiff purchased the subject property in 1993 and then re‐financed her mortgage in 2008 with a $455,000 loan from Accredited Home Lenders, Inc., not a party to this suit, which was secured with a Deed of Trust ("DOT"). This DOT was subsequently assigned in 2010 (along with a substitution of trustees), 2011, 2012, 2015, 2016 and 2018, with the last one being in favor of defendant Wilmington. "In January 2019, Wilmingt...

Excerpt: ...GRANTED with respect to Dr. Shorr and Dr. Barchuk. Defendants Faryal Michaud, D.O., and Robert Dias, M.D., oppose the motion. Defendant Dignity Health also opposes. This ruling refers to Drs. Michaud, Dias, and to Dignity Health collectively as “Defendants.” In this medical malpractice action, Plaintiff alleges a single cause of action for medical malpractice against Defendants relating to his stay and treatment at Mercy General Hospital from...

Excerpt: ...s are overruled. FACTS This action arises out of plaintiff Emilee Richardson's ("Plaintiff") employment with Defendants THE MUNIRS COMPANY, THE MUNIRS COMPANY II, T&S BUSINESS CORPORATION, PANCAKES 3457, FNC, AND PANCAKES 1716, INC., all of which are owned by or are franchisees of IHOP RESTAURANTS, INC. Plaintiff worked as a restaurant hostess and later as a server from approximately October 2, 2017, to approximately March 24, 2020. Plaintiff cla...

Excerpt: ...the complaint, “Plaintiff seeks to correct and recover damages for the following but not necessarily limited to breaches by Defendants: self‐dealing transactions, improper distributions, improper loans, mismanagement of religious trust funds, failure to provide accurate financial statements, fraudulent acts by Defendant Surendra Singh, fraudulent acts by Defendant Church Board, subject to proof.” In describing the first cause of action, pla...

Excerpt: ...ts the fact of the existence of the documents submitted, not the truth of their contents. (SeeProfessional Engineers v. Dept. of Transp.(1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true);Steed v. Dept. of Consumer Affairs(2012) 204 Cal.App.4th 112, 120‐121.) FACTS In this elder abuse action, Plaintiffs' decedent, Christine Patton was living in a residential care facility, Laguna Woods. Ms...

Excerpt: ...ourt on September 15, 2017. (See ROA 9.) On December 4, 2019, Plaintiff dismissed all individual defendants. On March 10, 2020, the federal court granted Plaintiff's motion to amend her complaint, in part, and dismissed Plaintiff's fourth and fifth causes of action for discrimination and retaliation in violation of the Family Medical Leave Act (“FMLA”), and remanded the case back to this court. Defendant now seeks summary adjudication on each...

Excerpt: ... Luster's licenses after he tested positive for cocaine use. (See FAC, Exhs. 2, 3.) Luster disputes the validity of the test. Luster alleges that the laboratory that tested the cocaine‐positive sample did not follow proper procedures, i.e., by failing to contact him and inquire if he was taking any medications that could have triggered a false positive. He alleges that he never used cocaine, that the only drugs he took were prescribed, and that...

Excerpt: ... within five years and to expunge Lis Pendens is ruled upon as follows. This is a nonjudicial foreclosure case. Pro per Plaintiff Roddie McElhaney filed her complaint on 5/14/2014. Thus, absent any reason for excluding time, the 5 year period expired on 5/14/2019. "[A]n action shall be brought to trial within five years after the action is commenced against the defendant." (CCP § 583.310.) "[A]n action shall be dismissed...after notice to the pa...

Excerpt: ...d upon as follows. Defendant filed an untimely opposition on April 16, 2021, only two court days prior to the hearing in violation of CCP § 1005. Defendant submitted a declaration indicating the untimely filing was the result of a staff calendaring error in counting calendar days instead of court days, which resulted in the deadline to file an opposition being calendared as April 12, 2021 (instead of April 8, 2021). The staff member discovered t...

Excerpt: ...ments, Set Two, No. 48, is ruled upon as follows. As pointed out by Plaintiff, CDCR's opposition was sent via regular mail, without a courtesy email copy, rather than by personal delivery, facsimile transmission, express mail, or other means reasonably calculated to ensure delivery not later than the close of the next business day after the papers are filed. (CCP § 1005(c).) Plaintiff was to receive CDCR's opposition on April 9, 2021, but did no...

Excerpt: ...ners (1976) 11 Cal.3d 2, The contradiction between prior discovery responses, here interrogatories, and the current declaration must be clear and unambiguous, not fragmentary or equivocal responses made during the prior discovery. Price v Wells Fargo Bank (1989) 213 Cal.App.3d 465, 482; Benvenidez v San Jose Police Dept. (1999) 71 Cal.App.4th 853, 861‐862. The Court finds that the interrogatory responses, which describe among other things her m...

Excerpt: ...specifying the sanctions sought, nor providing a supporting declaration. This action arises from an alleged incident which occurred on March 22, 2020 at the Walmart in Folsom, California. Plaintiff had placed two packs of toilet paper in her shopping cart in violation of the Covid‐19 limit of one pack of toilet paper per customer. Plaintiff contends she was assaulted and battered by the store's Assistant , defendant Andy Litsas, when he removed...

Excerpt: ...ion to a cause of action for violation of Business and Professions Code § 17200 which is premised on the Song‐ Beverly Act violations. Defendant moves to compel arbitration of Plaintiff's complaint pursuant to an arbitration provision contained an online Motor Vehicle Purchase Agreement (“MVPA”). The subject provision in the MVPA, which is set apart from other provisions, reads as follows: Agreement to Arbitrate. Please read this provision...