Excerpt: ...Countryhouse's “Memory Care Unit.” Plaintiff Damon Riley, Ms. Riley's son, alleges causes of action for Negligent Infliction of Emotional Distress and Wrongful Death. Plaintiff alleges that Ms. Riley was admitted to the facility to address her dementia, though she was otherwise healthy at the time. They allege that due to the neglect at the facility, Ms. Riley died in August 2019 as a result of injuries sustained from a fall. Plaintiffs alleg...

Excerpt: ...k (1990) 220 Cal. App.3rd 1117, 1138.) Newberg on Class Actions (4th Ed.), the most authoritative treatise on class actions, discusses the process for approving the settlement of a class action. At § 11.24, “Procedure for Submitting Class Settlement for Approval,” Newberg describes the review at the preliminary stage as the submission by the parties of the essential terms of the agreement for informal review of the settlement papers by the C...

Excerpt: ...eges causes of action against Defendants and Sierra Hematology‐Oncology Medical Center (“Sierra”) for breach of contract, interference with prospective economic advantage, money had and received, conversion, accounting and declaratory relief. Plaintiff has since dismissed the money had and received and conversion causes of action. The action arises out of a dispute under a Shareholder Agreement pursuant to which Plaintiff was issued shares ...

Excerpt: ...amended ex parte order indicated that the motion and the order were to be personally served on Defendant by 4 p.m. on March 1, 2021. (ROA 335.) On February 17, 2021, this Court denied Plaintiff's motion to compel responses to the subject special interrogatories finding that Defendant's attorney's letter objecting to the discovery on the basis that the discovery was untimely was a response. The Court also found that the discovery was not untimely....

Excerpt: ...on papers as plaintiff has not been prejudiced by the late service, and the court is also considering the late filed reply papers filed two court days before the hearing. This action arises out of the parties' real estate development business. Plaintiff alleges that he invested money in the LLC that he formed with defendant to develop properties, but that defendant has not properly accounted for the funds, has not developed the property, and has ...

Excerpt: ...ended Complaint, filed August 24, 2020. The omission of these defendants by the Barrows serves as a dismissal without prejudice. An amended complaint may add or omit parties. If it omits a defendant named in the original complaint, it serves as a dismissal without prejudice as to that defendant. Kuperman v Great Republic Life Insurance Co. (1987) 195 Cal.App.3d 943, 947. Defendant seeks judgment on the pleadings, with prejudice, based on the alle...

Excerpt: ...orporation on January 20, 2018. Plaintiffs contend the Subject Vehicle was sold with an implied warranty of merchantability from both GM and Roseville Motor Corporation pursuant to Civil Code § 1792. Plaintiffs allege that during the warranty period, the Subject Vehicle contained or developed non‐ conformities, including but not limited to a defective engine. Plaintiffs contend that the non‐ conformities substantially impair the use, value a...

Excerpt: ...' land. Plaintiffs allege causes of action for invasion of privacy, trespass, fraud, negligent misrepresentation, and unlawful business practices. Plaintiffs allege that Defendants took dishonest steps designed to get Plaintiffs to sell their property for below‐market value and/or to move their business. (First Am. Compl. ¶¶ 13, 63.) In particular, Plaintiffs allege that Defendants created and deployed a fake air monitoring device affixed wit...

Excerpt: ...hour violations, constituting: (1) violation of Cal. Labor Code §§ 226.2, 510, 1194, and 1197; (2) violation of Cal. Labor Code §§ 226.2, 226.7, and 512; (3) violation of Cal. Labor Code §§ 226.2 and 226.7; (4) violation of Cal. Labor Code §§ 226(a) and 226.2; (5) violation of Cal. Labor Code § 2802; and (6) violation of Cal. Bus. & Prof Code § 17200, et seq. (See generally Compl.) Plaintiff alleges that because blood examiners like her...

Excerpt: ...tiff's purchase of real property. On May 13, 2020, Defendants propounded form interrogatories, special interrogatories, requests for admission, and requests for production of documents on Plaintiff. (Jones Decl. ¶ 2, Exhs. 1‐4.) Defense counsel ultimately filed a motion to compel, which the Court heard on November 12, 2020, after Plaintiff's ex parte application to extend time to file an opposition. (Jones Decl. ¶ 8.) The motion to compel was...

Excerpt: ...tion with alleged sexual assault allegations arising at California State Prison, Los Angeles. Defendant alleges (1) it is immune from suit pursuant to Government Code section 844.6; and (2) the alleged violations of California Code of Regulations, title 15, and the Penal Code do not support a private right of action. Background Plaintiff alleges he was assaulted by CDCR employees on November 2, 2019, at California State Prison, Los Angeles County...

Excerpt: ... matter, the Court acknowledges that Plaintiff filed a notice of order granting Plaintiff's appeal to the bankruptcy panel of the Ninth Circuit and staying remand. (See ROA 218.) As such, Plaintiff argues the Court is divested of jurisdiction to hear the instant motion. On reply, Defendant argues that Plaintiff's appeal involves an entirely unrelated bankruptcy matter to the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) and her bankruptcy ...

Excerpt: ...d Rescue, LLC, dba Inventure X (“InventureX”) and Plaintiff wherein InventureX agreed to conduct a digital marketing campaign for Plaintiff (“the Agreement”). The Agreement provides the digital marketing campaign would be split into three, separate phases: (1) Pre‐Launch Marketing ‐ 60‐day period; (2) Generate Funding and Exposure ‐ 30‐day period; and (3) Post‐Funding Phase ‐ 30‐day period. The form first amended complaint...

Excerpt: ...ons to Defendant Rebecca Borrero were deemed admitted on August 27, 2020. 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 shall appear on the face...

Excerpt: ...endant John Black was a minister and that her mother, co‐Defendant Kelli Black was a member. Plaintiff alleges that Mr. Black sexually molested her from the time she was eleven in 1994. (Comp. ¶¶ 15‐29.) She alleges that the abuse occurred in her home and also at the Church. Plaintiff alleges that her mother took her to see Dr. Williams for counseling but that Dr. Williams looked “menacingly” at her and told her that “we don't lie on ...

Excerpt: ... to a mandatory contractual forum selection clause designating Massachusetts as the exclusive forum. In the complaint Plaintiff alleges causes of action against moving Defendants and others (Gray Line Corporation, Inc. and Gray Line Las Cabos) for false advertising in violation of Business & Professions Code § 17500 et seq., violation of the Consumer Legal Remedies Act (“CRLA”) and for unfair completion in violation of Business & Professions...

Excerpt: ...iffs Ricardo Gomez and Ricardo Gomez, Sr. as class representatives for purposes of settlement; 3. Preliminarily appointing the Shimoda Law Corp. as Class Counsel for purposes of settlement; 4. Preliminarily approving the proposed class action settlement, in the amount of $1,100,000; 5. Preliminarily approving the application for payment to Class Counsel of attorneys' fees in the amount of $385,000 (35% of the Gross Settlement Amount); 6. Prelimin...

Excerpt: ...ed land documents, not contracts, are the subject of judicial notice on demurrer].) The court, however, does not accept the truth of any facts within the judicially noticed documents except to the extent such facts are beyond reasonable dispute. (See Poseidon Devel., 152 Cal.App.4th at 1117‐18.) see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265 (“[A] court may take judicial notice of the fact of a document's recordat...

Excerpt: ...Bandley (hereinafter "plaintiff”), to submit her elder abuse claim to binding arbitration. The petition is GRANTED as set forth below. Defendants' petition is made on the grounds that Ms. Souza, through her agent Lorraine Alves, executed a valid residency agreement containing an arbitration agreement that governs the elder abuse claim asserted against Defendants in the operative Complaint. Defendants' objections to the declaration of Ms. Clemen...

Excerpt: ...gal counsel's mistake, inadvertence, and excusable neglect, it failed to timely file its application pursuant to Code of Civil Procedure section 683.120 seeking renewal of its lump sum money judgment against Defendant in this action. Specifically, Plaintiff failed to apply for renewal of the judgment within the 10‐year period provided under Code of Civil Procedure section 683.130(a). Plaintiff's application was rejected for filing by the Clerk ...

Excerpt: ...ion for sanctions in the amount of $1,980 is GRANTED. Kronick and Scheidt move for an order compelling plaintiffs' person‐mostknowledgeable deposition(s) by defendants to resume beginning on March 8, 2021, and to continue day to day thereafter until completed. Defendants' objections to Golden's evidence in opposition are ruled upon as follows: Overruled ‐ Nos. 1, 2, and 3. The action currently has a trial date of April 19, 2021, with a discov...

Excerpt: ...�SAC”) filed October 1, 2019. The SAC is unverified, consists of 118 pages not including exhibits, 514 paragraphs, and six separate causes of action against Fines denoted as: (1) Misappropriation of Trade Secrets, Civ. Code §§3426, et seq.; (2) Breach of The Employee Duty of Loyalty, Labor Code §§ 2863, 2860; (3) Breach of Contract; (4) Intentional Interference with Contractual Relationship; (5) Intentional Interference with Prospective Eco...

Excerpt: ...D as set forth below. Plaintiff's Complaint alleges a claim for forcible detainer against Defendant pursuant to Code of Civil Procedure 1160(1). Plaintiff alleges the following facts: On or about March 13, 2013, Plaintiff granted a life estate to Bjelland, subject to certain requirements, as to certain portions of the real property identified by Assessor's Parcel Numbers 134‐280‐079 and 134‐280‐080, commonly known as 10565 Arno Road, Galt...

Excerpt: ...ourt shall review and approve any settlement of any civil action filed pursuant to this part." (Lab. Code § 2699(l)(2).) Plaintiff and Defendant have reached a mediated settlement of the PAGA claims as specified in the motion and supporting declaration of counsel, and request the court's review and approval. Defendant owns and operates bagel bakeries within the State of California. Plaintiff worked for Defendant as a Customer Service Team Member...

Excerpt: ...tentative ruling system and to be available at the hearing, in person or by telephone, in the event Plaintiff appears without following the procedures set forth in Local Rule 1.06(B). The Court notes that Plaintiff purports to conditionally lodge documents, including even the memorandum of points and authorities, presumably on the basis the documents contain confidential information. However, Plaintiff did not file a motion or application to seal...