Excerpt: ...ank”) demurrer to Plaintiff Janet Robinson's complaint is ruled upon as follows. Overview This is a Homeowners' Bill of Rights (“HBOR”) action. The named defendants are Clear Recon Corp. (“CRC”) and Bank. Plaintiff Janet Robinson alleges that in April 2006, she financed her property which was secured by a Deed of Trust (“DOT”). In early 2018, due to financial hardship, Plaintiff was unable to make timely mortgage payments. She alleg...

Excerpt: ...dants Caroline Kang, LLC dba Laguna Woods, RCFE (“Laguna Woods”), Caroline Kang and Francis Kang's (the “Kangs”)(collectively “Defendants”) demurrer to Plaintiffs' complaint is ruled upon as follows. Overview This is an Elder Abuse action. Decedent Christine Patton (“Christine”) was a resident a Laguna Woods, a residential care facility for the elderly (“RCFE”). Christine required help transferring in an out of her bed and whe...

Excerpt: ...that Defendants are liable on theories of negligence and premises liability. Defendants move for summary judgment on the ground that the lip in the sidewalk was a “trivial defect” and, therefore, they had no duty to repair it. (See Stathoulis v. City of Montebello (2008) 164 Cal.App.4th 559, 567 [“trivial defect” is not an affirmative defense, but rather is an aspect of the landowner's duty that the plaintiff must plead and prove].) To su...

Excerpt: ... of a corporation that provides pest control services. The corporation is Plaintiff Blizzard Pest Management, Inc. (BPM). The two BPM officers and directors are Plaintiff Samuel Wesley Blizzard (Blizzard) and Defendant William Raymond Rains (Rains). (The court refers to BPM and Blizzard as “Plaintiffs.”) In their complaint, Plaintiffs allege that Blizzard and Rains each own 50% of BPM's shares. Plaintiffs are suing Rains and Rains' recently f...

Excerpt: ... oral argument must still be made by 4:00 p.m. on Tuesday, 12/18/2018. Defendant CAPPO Management XXIX, Inc. dba Harrold Ford's motion to compel arbitration is ruled upon as follows. Overview In this action, Plaintiffs Margaret Campana (“Campana”) and Dianna Brock (“Brock”) (collectively “Plaintiffs”) are suing their employer for various Labor Code violations for unpaid overtime compensation; failure to pay compensation for forfeited ...

Excerpt: ...ected to contact opposing counsel and advise him/her of Local Rule 1.06 and the court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Opposing counsel failed to compl...

Excerpt: .... *** Plaintiff Dene Starks' motion to compel further responses to Special Interrogatories and Inspection Demand is ruled upon as follows. This is a putative class action for race and sex discrimination, failure to prevent and various violation of the Labor Code. Plaintiff proposes the following two subclasses: (a) persons in the employ of Nationwide in California as Commercial Underwriters whom Nationwide misclassifies as exempt from June of 201...

Excerpt: ... request for oral argument must still be made by 4:00 PM today. (See Local Rule 1.06.) ** This is a putative class action. Plaintiff Michael Smith, individually, and on behalf of all others similarly situated, alleges that they are “individual gamers who have been deceived into making in‐game purchases of deceptively marketed in‐ game items in Defendant's immensely popular games Overwatch and Hearthstone. Defendant contends that Plaintiff a...

Excerpt: ..., he was in a car accident with another vehicle which resulted in a total loss of his vehicle. Plaintiff alleges that UFCC wrongfully determined that there was no coverage for the damage. UFCC explained that it denied coverage “[s]ince the purpose of the use of the vehicle at the time of the loss [was] ‘to carry persons or property for compensation or a fee' as indicated by the [Lyft] app's ‘on' status, this exclusion applies regardless...

Excerpt: ...ment/adjudication, without prejudice, to allow Plaintiffs an opportunity to amend the complaint. The parties shall appear and be prepared to discuss with the Court. No trial is scheduled. This is an action for personal injuries arising from a motor vehicle accident. Plaintiffs are Derrick Raible (“Raible”) and Donovan Caudill (“Caudill”) (collectively “Plaintiffs”). Raible is represented by counsel and has filed an opposition to the m...

Excerpt: ...his is a FEHA case. Plaintiff Angela Henao (Henao) alleges that the County discriminated against her based on disability and failed to accommodate her with another position. As she did in her second amended complaint (SAC), Henao contends in the TAC that the County's Accommodation Transfer List (ATL) was part of the problem. In the SAC, Henao leveled the following allegations: Further, in violation of FEHA, Defendant County refused to provide any...

Excerpt: ...udd alleges that CTC acted as the escrow agent on the transaction. Judd alleges that he invested $150,000, which was deposited into escrow, to fund the property's rehabilitation. In exchange, he was promised a promissory note, a second trust deed and a right to share in any profit once the property was resold. Another investor funded the property's purchase for rehabilitation, and that investor received the first trust deed. Judd alleges that an ...

Excerpt: ...n Butte County and on 7/22/2014, plaintiff filed a First Amended Complaint (“1AC”) which asserted two causes of action for disability discrimination and violation of the California Whistleblower Protection Act at Government Code §8547 et seq. (“CWPA”) based on her employer's 2011 decision to require plaintiff to report to work in Sacramento rather than continue working from her home in Chico, which plaintiff insists was a reasonable acco...

Excerpt: ...ng business day, a legal brief no greater than eight (8) pages in length that addresses the following issues: Without expressly identifying which cause(s) of action in the complaint constitute "real property claims" under CCP § 405.4, the parties appear to assume that the breach of contract cause of action for damages qualifies as such a claim. The court questions whether the breach of contract cause of action, the other damages causes o...

Excerpt: ... discrimination based on national origin, retaliation in violation of Labor Code §98.6 and §1102.5, defamation, failure to prevent discrimination, and wrongful termination. Defendant EHC now moves to strike the punitive damages allegations from the complaint on the grounds that plaintiff has failed to plead facts sufficient to establish the requisite malice, fraud or oppression and sufficient to satisfy the requirements of Civil Code §3294(b) ...

Excerpt: ...ng and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Francolin, LLC dba Soaring Oaks RCFE, Francis Kang, and Colin Kang's (collectively “Defendants”) motion for summary adjudication is ruled upon as follows. I. Overview This is an Elder Abuse action. The decedent Josephine Boykin ("Josephine") was a 94 year ...

Excerpt: ...t Isabella Garcia (“Garcia”) dba Alliance Financial's (“Alliance Financial”) (“Defendant”) demurrer to Plaintiff Arthur Dockter's complaint is ruled upon as follows. Defendant's request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Departmen...

Excerpt: ... she had an uninsured motorist policy with Defendant and that Defendant is liable to Plaintiff resulting from Doe 1's conduct. Plaintiff alleges a negligence cause of action against Defendant. Defendant demurs on the ground that FAC fails to state sufficient facts because pursuant to Insurance Code §11580.2 the action must be referred to arbitration. Ins. Code §11580.2 concerns uninsured/underinsured motor vehicle coverage. Subdivision (f) prov...

Excerpt: ...nform the Department 54 Clerk of the same when oral argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance...

Excerpt: ...ument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (or t...

Excerpt: ... argument is requested pursuant to Local Rule 1.06. In the alternative, Department 54 will honor requests to continue hearings scheduled for 12/12/18 so that parties desiring oral argument may obtain court reporting services through the Court's normal channels. (See Local Rule 1.12.) No hearings, however, will be continued to any date from 12/24/18 through 1/04/19. Any party seeking a continuance must first meet and confer with opposing counsel (...

Excerpt: ...re are two named plaintiffs, Jimboy's Marketing, Inc. ("JMI") and BGI. BGI is the only moving party. Plaintiffs allege that for many years, JMI acted as an area franchisor for Jimboy's Tacos restaurants under a Master Franchise Agreement with non‐party Jimboy's Tacos, Inc. Opposing Defendant Jimboy's North America ("JNA"), is the successor to Jimboy's Tacos, Inc. In 2012, JMI and JNA entered into a Transition...

Excerpt: ... plaintiff's health, strength and activity, sustaining injury to plaintiff, and shock and injury to plaintiff's nervous system and person, all of which said injuries have caused and continue to cause plaintiff severe emotional distress and nervous pain and suffering, in an amount to be determined and according to proof at trial.” (First Amended Complaint, ¶ ¶ 13, 16, 21, 25, 32, 39.) In its notice of motion and motion, Defendants explain: The...

Excerpt: .... Instead, Defendant offered Plaintiff $3,500, which Plaintiff rejected. Plaintiff then retained The Knight Law Group (“KLG”). KLG then associated in as co‐counsel Bryan Altman of The Altman Law Group (“ALG”). Plaintiff filed the action on April 12, 2016. On September 22, 2016, Plaintiff accepted Defendant Hyundai Motor America's CCP §998 offer (“Offer”) in the amount of $68,138.06. Pursuant to the Offer Defendant agreed that it wo...

Excerpt: ...ining dispute is request no. 14. Request no. 14 states: “Any and all DOCUMENTS, including but not limited to drafts, notes, memoranda, hand‐ written or typed, e‐mails, or text messages, that PERTAIN TO the September 17, 2014, Faculty Meeting. (Names may be redacted to protect third‐party privacy.)” Defendant served objections to the notice of deposition, which included objections based on attorney‐client privilege, attorney‐work pro...