Excerpt: ...conscious and resulting in significant life altering injuries. 1st cause of action Strict Products Liability‐Design, 2nd cause of action Strict Products Liability‐Manufacturing, and 3rd cause of action Strict Products Liability‐ Failure to Warn: The demurrer to these causes of action is overruled. Defendant contends that these causes of action are merely "duplicative" and should be combined in one cause of action. Defendant does not...

Excerpt: ...tates he made repeated efforts to speak to plaintiff's counsel about the issues raised in the demurrer. Plaintiff's counsel never responded to the requests, stating the arguments in the papers suffice. The Court will not require any further efforts by defendant as such would further delay of the hearing and reward plaintiff's counsel for not responding to defendant's efforts to comply with CCP 430.41. Innovative was at all relevan...

Excerpt: ...complaint (FACC), the court summarized the action as follows: In its complaint, Nivano alleges it is a large Independent Practice Association ("IPA"). In December2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group ("NCMG"), a medical group association with the IPA. Nivano alleges that Scribner and codefendant Jami Lopez conspired with other third parties to intentionally interfere with Nivano's opera...

Excerpt: ...ies to a public works construction arbitration before the Office of Administrative Hearings (“OAH”). Caltrans awarded Tricon construction Contract Number 10‐0X2104, which concerned the construction of four “wash buildings” in different rural locations in northern and central California. Tricon alleges in its Complaint‐ in‐Arbitration (“Complaint”) that it is owed approximately $2 million from Caltrans on the Contract. Upon the f...

Excerpt: ...endant's default was entered on June 30, 2017. Default judgment has yet to be entered. Defendant's declaration indicates that he first learned on the lawsuit on January 23, 2019 when he received a request for entry of court judgment in the mail. (Wilson Decl. ¶ 1.) Defendant was not expecting to be sued because he had previously settled a claim with Plaintiff Liberty Mutual Insurance Company in which Defendant claimed that the subject accident w...

Excerpt: ...ourt'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). The declaration by attorney Salazar which was filed on the afternoon of 3/14/2019 was not considered by the Court...

Excerpt: ...ental interrogatories. The Code specifically allows for a motion for further responses based on the contention that responses contain objections that lack merit. (E.g., CCP § 2033.290(a) (2).) In such a circumstance, the party asserting the objection obviously has the burden to justify the objection. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255 [citing Coy v. Superior Court (1962) 58 Cal.2d 220‐221].) RFAs 62‐66 Denied. Th...

Excerpt: ...gment is GRANTED. Overview This is an action on a commercial loan agreement and related personal guaranty. Ascentium loaned Buttles Custom $108,736 so that the latter could acquire a 2016 RAM C55 (the “vehicle”). (See Undisputed Material Facts (UMF) 1, 2.) The loan agreement was memorialized in a January 2017 Equipment Finance Agreement (EFA) that required Buttles Custom to repay the loan over 60 months. (UMF 1, 2.) The EFA required Ascentium...

Excerpt: ...required by Local Rule 1.06. Moving counsel is directed 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. 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. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). ...

Excerpt: ...the allegations in plaintiff's favor. (Code Civ. Proc., § 452) A complaint survives a general demurrer insofar as it states, however inartfully, facts disclosing some right to relief. (Code Civ. Proc., § 452; Barquis v. Merchants Collection Assn. (1972) 7 Cal. 3d 94, 103. As noted in Reichert v. General Ins. Co. (1968) 68 Cal. 2d 822, 840‐841,103 "While orderly procedure demands a reasonable enforcement of the rules of pleading, the b...

Excerpt: ...accident is covered by an automobile policy Toriz held with CSAA. Counsel representing Toriz is retained by CSAA. On October 19, 2018, Plaintiff attempted to serve Toriz by mail with the Summons and Complaint and accompanying acknowledgement of receipt form. Toriz did not sign the acknowledgment of receipt form, but forwarded a copy of the Summons, Complaint, and unsigned acknowledgment form to her insurer CSAA on October 31, 2018. On November 8,...

Excerpt: ...tices. The plaintiffs allege that Broker and its codefendants wrongfully attempted to obtain payments from them in various contexts. They allege that, to generate fees, Broker unnecessarily wrote new policies instead of adding vehicles to existing policies. They also allege that Broker assessed fees to remove vehicles from policies. Broker served Plaintiff with request for admissions asking Plaintiff to admit that certain documents are “genuine...

Excerpt: ...s brought seeking preliminary approval of a wage and hour class action settlement in the total gross amount of $1,195,000.00 plus employer‐side payroll taxes. See generally Exhibit A (Proposed Joint Stipulation Regarding Class Action Settlement and Release ("Settlement Agreement"). Plaintiffs allege Defendants' policies and practices resulted in numerous violations of California law, including the following alleged policies and prac...

Excerpt: ...ottsdale, Arizona. It grants licenses to independently owned and operated franchisees to use the Massage Envy® name, trademark, and standardized business operations in exchange for a franchise fee. Co‐Defendant R&S entered into the Massage Envy Franchising, LLC Franchise Agreement ("Franchise Agreement") pursuant to which MEF, as franchisor, granted R&S the right and license to use the Massage Envy name, trademark, and standardized bus...

Excerpt: ... as PennyMac Loan Services, Inc., (PennyMac) is SUSTAINED in part and OVERRULED in part. PennyMac's request for judicial notice of a recorded deed of trust is GRANTED. Overview In the second amended complaint (SAC), Plaintiff Nabil Samaan (Plaintiff) alleges that he owns multiple residential properties, which he purchased with loans serviced by PennyMac and others. The servicers report Plaintiff's mortgage payment information to Co‐Defendant Eq...

Excerpt: ...n part with leave to amend, OVERRULED in part and DROPPED in part as moot. Overview Plaintiff Rachel Thoene (Thoene) alleges that she is one of Town Hall's real estate agents. (Town Hall allegedly does business as Keller Williams Realty Fair Oaks, a separately named defendant.) Peek is alleged to be Town Hall's CEO and one of its directors. According to Thoene, she provided fellow Town Hall agents with certain education and coaching services in e...

Excerpt: ...ital and medical expenses, general damage, and property damage. On January 30, 2019, Defendant caused to be served on Plaintiff multiple deposition subpoenas for production of business records from Plaintiff's treating physicians at multiple locations. (Whitehead Decl. at ¶ 3, Exh. A.) The medical providers declined to produce records without a signed release from Plaintiff and Plaintiff has refused to sign any such authorizations. Plaintiff has...

Excerpt: ...Plaintiff alleges she has suffered wage loss, loss of use of property, hospital and medical expenses, general damage, and property damage. On February 11, 2019, Plaintiff served her Written Exchange of Expert Trial Witness Information and Expert Witness Declaration. Plaintiff listed five expert witnesses, including Michael Boroff, BM. In her “Expert Witness Declaration” Plaintiff declared that Dr. Boroff is a psychologist who has been working...

Excerpt: ...s are GRANTED. In taking judicial notice, the court accepts the existence of the documents and the existence of their contents, not the truth of their contents. Procedural Background This court previously summarized this case as follows: This case follows… [Michaels] promotion and subsequent demotion while employed by Co‐Defendant CalPERS. Michaels' allegations in the… [FAC] are somewhat extensive. Relevant for present purposes are allegati...

Excerpt: ... CDA Rotunda Partners LLC is denied. The Court notes that the parties settled with plaintiff on March 4, 2019. However, although the settlement conference minute order of that date states that "the entire case settled," the court has been informed that the Cross‐Complaints remain pending, inter se. Plaintiff is no longer part of the litigation. The settlement is not available to the Court. No motion(s) for good faith settlement have bee...

Excerpt: ...18. Plaintiff's counsel states he met and conferred with defense counsel in April and June of 2018. On June 24, 2018 Saint Claires promised dates within a week's time but no deposition dates were provided. Plaintiff also attempted to meet and confer in July, August, and September. On January 5, 2019, defendant advised plaintiff that dates would be forthcoming. On January 18 plaintiff requested dates be provided by February 15, 2019 but no...

Excerpt: ... however, alleges that the real reason for his termination was the result of retaliation by ABC Chief Counsel, Defendant Rambo, for Plaintiff challenging Rambo's directives regarding provision of administrative records in ABC actions to assigned administrative law judges assigned to ABC cases. Plaintiff also alleges he was harassed by Rambo and was a victim of other acts of retaliation while he was employed that he complained that Rambo was also ...

Excerpt: ...l death cause of action. The action arises from the care the Decedent received at Defendants' facility. Defendants move to compel the action to arbitration on the basis that Richard Rogers signed a Residency Agreement as the Decedent's representative which contained an Arbitration Agreement. Mr. Richard Rogers signed the Arbitration Agreement on a space labeled “Resident/Representative Signature.” The Arbitration Agreement provides that “an...

Excerpt: ...ants to comply with a notice to appear and produce documents in connection with a trial which is set for November 5, 2019, some seven plus months from now. The notice seeks documents related to Defendants' financial condition which Plaintiff argues are material to the punitive damages claim because Plaintiff will be required to present that evidence if Defendants are found liable for punitive damages. Defendants served objections to the notices. ...

Excerpt: ...re substandard living conditions at a four‐plex residential unit. The defendants in this action are the various owners of the four‐plex. The moving Defendants are the latest owners of the four‐plex. 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 the action or proceeding. CCP 437c(a). A cause of action has no merit if one o...