Excerpt: ... CRC Rule 3.1110(a). This is a power theft case which apparently resolved by way of a settlement which required defendant to make monthly payments to plaintiff until the agreed upon amount was paid in full. Code of Civil Procedure §664.6 provides in its entirety: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof,...

Excerpt: ...on (relating to the Presiding Judge's 3/11/2019 order denying plaintiff in pro per's application to vacate pre‐filing order or for a pre‐filing order permitting the filing of one or more amended complaints) was not only without any legal merit but also filed without complying with the requirement of obtaining a pre‐filing order. Plaintiff opposes, arguing first that this motion is improperly set for hearing in Department 54 rather than befo...

Excerpt: ...ervice on the parent company Comcopious Limited ("CCL HK"), incorporated in Hong Kong, China. (Decl. Rome). Defendants contend that CCL HK is not subject to personal jurisdiction in California. Defendants' and Plaintiffs' Requests for Judicial Notice are granted. Plaintiffs Life‐FX Products LLC ("Life‐FX"), Body Action Health Ltd. ("Body Action"), Zaanit BV ("Zaanit"), Green Religion BV ("Green Reli...

Excerpt: ...aanit BV ("Zaanit"), Green Religion BV ("Green Religion"), and Spooky Zebra Ltd. ("Spooky Zebra") (collectively, "Plaintiffs") are online international businesses organized in Delaware, Canada, the Netherlands, and the United Kingdom that sell "non‐ regulated chemical compounds", marijuana, and marijuana seeds online, including in Canada and Europe. Plaintiffs allege Defendants do business as "iCanPay...

Excerpt: ...anted Plaintiff's unopposed motion to have its requests for admissions deemed admitted. When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: "the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. 438(c)(1)(A).) The grounds for the motion sh...

Excerpt: ... compel Defendant's further responses to his request for production of documents. The responses that had been served contained objections but Defendant had waived objections by failing to timely serve responses. In opposition to that motion Defendant argued that it should be relieved of the waiver because the failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. The Court pointed out that such relief co...

Excerpt: ...tion matters. *** Defendant California Department of Health Care Services' (“DHCS”) demurrer to plaintiff's First Amended Complaint (“1AC”) is ruled upon as follows. The opposition filed by plaintiff's former counsel fails to comply with CRC Rule 3.1110 (b)(3)‐(4). Factual Background This action arises out of plaintiff's prior employment with defendant DHCS. According to the 1AC, plaintiff was hired in March 2015 but she voluntarily res...

Excerpt: ...nt” fees for their brokerage services. She claims that they have a business practice of rewriting existing insurance policies with no benefit to the insured. Plaintiff alleges causes of action for unjust enrichment and violation of Business & Professions Code § 17200 (“UCL”). Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to...

Excerpt: ...nt plaintiff seeks monetary sanctions, the notice of motion also fails to comply with Code of Civil Procedure §2023.040 [requiring notice to “identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought”]. According to the moving papers, plaintiff in pro per served by “Federal Express” on 4/13/2019 a notice for the deposition of CSAA's PMK which included a request to produce 63 c...

Excerpt: ...ecommended a C5‐6 cervical disc replacement but did not set forth the cost of the surgery and/or whether it was being financed. Plaintiff had previously provided Defendant's representative a MedFin Manager finance agreement for a back surgery estimated at $155,000 in November 2017. In order to obtain information regarding the cost of the surgery Defendant issued a subpoena MedFin Manager for Plaintiff's medical records. MedFin is in Arizona and...

Excerpt: ... complaint alleges that she was originally hired by Health Net Pharmaceutical Services (“HNPS”), the pharmacy management subsidiary for Health Net., Inc. She alleges that Defendant jointly employed her. She also alleges that Defendant Centene Corp. acquired Health Net., Inc. and following the merger the two combined their pharmacy benefit management subsidiaries (HNPS and U.S.Script, Inc.) to create a new company (Defendant) but that her wage...

Excerpt: ...t the subject facility. They also allege that Mr. McRae developed other pressure ulcers and urinary tract infections and also methicillin‐sensitive staphylococcus aureus. Mr. McRae was allegedly left to suffer malnutrition and dehydration as staff ignored calls for help and drugged him with medications is get him to stop calling for help. They allege that Defendant attempted to cover up his true condition but ultimately he was sent to Mercy San...

Excerpt: ...Rae's left hip while at the subject facility. They also allege that Mr. McRae developed other pressure ulcers and urinary tract infections and also methicillin‐sensitive staphylococcus aureus. Mr. McRae was allegedly left to suffer malnutrition and dehydration as staff ignored calls for help and drugged him with medications is get him to stop calling for help. They allege that Defendant attempted to cover up his true condition but ultimately he...

Excerpt: ...aintiffs' complaint alleges the following causes of action against Kia: (1) violation of Civil Code § 1793.2(d); (2) violation of Civil Code § 1793.2(b); (3) violation of Civil Code § 1793.2(a)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) fraud by omission; and (7) fraudulent inducement. Plaintiffs allege the vehicle contained certain engine defects and nonconformities. Kia demurs to th...

Excerpt: ...morphine drip of 250 milligrams over less than 90 minutes, despite an order from his physician for a morphine drip at 1 milligram per hour. Defendant's demurrer to the original Complaint was sustained with leave to amend as to the fourth cause of action for elder abuse and second cause of action for NIED. Defendant demurred to the third cause of action for IIED, but withdrew the demurrer on reply, so the Court issued no ruling on the third cause ...

Excerpt: ...epared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants California Department of Food and Agriculture (“DFA”) and Joan Scheiman's (“Scheiman”) (collectively “Defendants”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. Plaintiff's separate statement fails to comply with CRC Rule 3.1350(f)(2) whi...

Excerpt: ...aintiff and Defendant are currently incarcerated for unrelated matters. Plaintiff filed his complaint on June 17, 2015, alleging premises liability, negligence, and bodily injury. In October of 2018, Defendant filed a motion to dismiss for lack of prosecution. Specifically, for dismissal based upon Plaintiff's failure to serve the complaint within three years. Plaintiff filed an untimely opposition the day before the hearing. On October 18, 2018,...

Excerpt: ...�Plaintiffs”) filed their complaint on May 1, 2017, alleging causes of action for medical negligence (by Ms. Burgess) and loss of consortium (by Mr. Burgess). Plaintiffs allege Dr. Haskins Ms. Burgess suffered a pudendal nerve injury as a result of the purported negligent care provided by Dr. Haskins during the delivery of Plaintiffs' nine‐pound infant son. Dr. Haskins now moves for summary judgment on the grounds that Plaintiffs cannot estab...

Excerpt: ...hat the date, time, and department for the hearing must be placed on the first page of opposition. This is a legal malpractice action. Plaintiff Andrew Palmquist alleges that in July 2017, he retained Cable and the other co‐defendants to represent him in Soper Co. v. Faith Russell, et al., Superior Court of California, County of Butte Case No. 17CV01457. ("Butte County Action") Pursuant to the Court's inherent authority to control t...

Excerpt: ...hat the date, time, and department for the hearing must be placed on the first page of opposition. This is a legal malpractice action. Plaintiff Andrew Palmquist alleges that in July 2017, he retained Cable and the other co‐defendants to represent him in Soper Co. v. Faith Russell, et al., Superior Court of California, County of Butte Case No. 17CV01457. ("Butte County Action") Pursuant to the Court's inherent authority to control t...

Excerpt: ...ot drawn or filed in conformity with the laws of this state.” Kia moves to strike punitive damages and the request for civil penalties in connection with the third cause of action for violation of CCP § 1793.2(a)(3). Kia argues that punitive damages are not available under the Song‐Beverly or Magnuson Moss Acts. Kia also argues the fraud causes of action cannot support punitive damages because the fraud claims are insufficiently pled as argu...

Excerpt: ...d an arbitration agreement upon his employment with defendant which requires that arbitration of all disputes arising out of Plaintiff's employment, and specifically waives Plaintiff's right to participate in any class action. Plaintiff filed the complaint in this action alleging seven causes of action arising from his employment, including failure to pay overtime, failure to provide meal and rest periods, wage statement violations, and P...

Excerpt: ...or Judicial Notice is granted. This action arises out of a dispute with defendant who performed roofing services for plaintiff. On April 11, 2019, Feliciano Ozuna‐FX's CEO‐filed an unsigned answer on FX's behalf "in pro per." Plaintiff has also discovered that FX Roofing, Inc. is a suspended corporation. Plaintiff seeks to strike the Answer because FX cannot appear without counsel, and because FX is suspended. Pursuant to Code...

Excerpt: ...ut leave to amend as to defendants Furlong, as set forth below. Defendants' motion is made upon the grounds that Plaintiff's complaint does not state facts sufficient to support a claim for punitive damages. (Caliber Bodyworks, Inc. v. Superior Court (2005) 134 Cal.App.4th 365, 385.) Defendants argue that in order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must...

Excerpt: ...r discrimination and wrongful termination based on her race and gender. She alleges she was denied a promotion and ultimately fired because of her race and gender. Defendant, dba Blue Shield served deposition subpoenas seeking plaintiff's prior employment records based on information obtained in her deposition. Defendant served subpoenas on Cisco Systems, Inc., Webex, Compuware Corporation, Intel Corporation, State Farm Insurance, Visiteon Co...