Excerpt: ...LC, dba Laguna Woods, RCFE when Defendant Mee Lai Fong attacked Patton with a metal cane, ultimately leading to her death. CONTENTIONS 1. Moving Papers Defendants move to quash a deposition subpoena issued by Plaintiffs. The subpoena at issue is a records‐only subpoena under Code of Civil Procedure section 2020.410 issued on June 22, 2022 to Morrison & Garritano, an insurance broker that helped Defendants obtain insurance coverage for their nur...

Excerpt: ...ofit public benefit corporation. A trial is currently set for March 6, 2023. CONTENTIONS Defendants Move America Forward, Salvatore Russo, Melanie Swanson, Howard Kaloogian, and Shawn Callahan move for leave to amend their answer to the first amended complaint to allege an additional affirmative defense of selective prosecution. Defendants assert that recently completed depositions, which were noticed in April 2022, provided Defendants sufficient...

Excerpt: ... (2) fraud. CONTENTIONS Defendants filed this unopposed demurrer to both causes of action on the basis that they fail to state a cause of action and are uncertain. As to the first cause of action, Defendants argue that it fails because the alleged 20 percent interest on the promissory note is usurious in violation of article XV of the California Constitution, which caps interest in cases such as this at 10 percent. Defendants further argue that t...

Excerpt: ...he tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator sha...

Excerpt: ...edecessor to Patelco Credit Union) secured by a deed of trust on the property. In 2008, Cal State 9 Credit Union assigned the beneficial interest under this deed of trust to Plaintiff. In 2009, an erroneous substitution of trustee was recorded on the deed of trust, purporting to appoint T.D. Service Company (predecessor to First American Title Insurance Company) as the new trustee and averring that Patelco was the beneficiary on the deed of trust...

Excerpt: ...ff Davita, Inc. was ordered to provide verified responses, without objections, to Defendant's form interrogatories (set one) no later than May 19, 2022. No sanctions were awarded though the Court indicated that further failures to comply with discovery could result in sanctions. Defendant now seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. Defendant also requests issue and evidentiary sanction...

Excerpt: ... Aguilar's (collectively, “Plaintiffs”). Defendants' demurrer is ruled upon as follows: I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyoshi) in February 2020. In accordance with the Court's prior orders and COVID�...

Excerpt: ...m telephonically, call (833) 568‐8864 and enter the Zoom ID: 16146506749. Incarcerated plaintiff in pro per Michael L. Garcia's ("Plaintiff") Motion for Appointment of Counsel is DENIED. Plaintiff is currently incarcerated in San Quentin, California. He filed his Complaint alleging excessive use of force and cruel and unusual punishment on June 16, 2022. This case is still at the pleading stage. Plaintiff has not filed a Proof of Service of Sum...

Excerpt: ...e alleges he left his position with Defendant Gateway and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In the TAC Plaintiff alleges causes of action for (1) breach of contract; (2) defamation; (3) tortious interference with contractual relationship; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic re...

Excerpt: ...�) request for judicial notice of the Court's Minute Order on Defendants' demurrer to Plaintiff's First Amended Complaint in 34‐2019‐ 00262456 is granted. A court may take judicial notice of the existence of each document in a court file, and can take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments." (Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) Objections ...

Excerpt: ...considered Defendant's untimely reply brief filed on August 29, 2022 only two days before the hearing. Reply briefs in support of motions for summary judgment shall be filed "not less than five days" before the hearing "unless the court for good cause orders otherwise." (CCP § 437c(b)(4).) Given that five days before the August 31, 2022 hearing was Saturday August 27, 2022, Defendant was required to file the reply no later than August 26, 2022 i...

Excerpt: ...is 42 years old. Plaintiff's motion is difficult to decipher, but from what the Court can glean, Case No. 714520 was a case wherein James E. Puiia sued Betty M. Puiaa for declaratory relief in 1976. Part of that case was apparently sealed in 1980 for unknown reasons. Attorney Weldon R. Reeves prepared a judgment in that case. Mr. Reeves was later disbarred in 1996 due to a false statement made in bankruptcy court. Both Mr. and Mrs. Puiia are dece...

Excerpt: ...hase of nut products. The contracts provided that “[a]ny claim relating to this contract, shall be settled by arbitration by the DFA [Dried Fruit Association of California] with its rules and judgment may be entered upon the award.” Petitioner claimed Respondents ordered nut products from it which they did not pay for. Petitioner initiated arbitration with the DPA and arbitration was held on January 20, 2022 before a three‐person panel of t...

Excerpt: ...Complaint alleged the following causes of action: (1) Easement by Necessity; (2) Declaratory Relief; (3) Injunctive Relief; (4) Intentional Misrepresentation; and (5) Negligent Misrepresentation. After conducting discovery, Plaintiff now seeks to file a Third Amended Complaint (“TAC”) to include two (2) additional causes of action for implied easement by prior use and implied easement by prescription. Trial is currently set for November 1, 20...

Excerpt: ...iffs Edward and Ikuko Korthof's (collectively “Plaintiffs”) purchase of commercial real property (“Property”). Plaintiffs allege that Ryker Flint and Ryker Flint Commercial, Inc. (collectively “Flint”) acted as the broker for the Seller, codefendant 1530 X STREET, LLC (“LLC). Flint later acted as Plaintiffs' agent for purposes of renting, leasing, operating and managing the property. Plaintiffs allege that Vujadin Jovic is an indivi...

Excerpt: ...ty Group, Inc. as the only defendant. However, the parties subsequently Stipulated to the Dismissal, with prejudice, of Simon Property Group, Inc., as this entity did not own or control the property in question. The parties also stipulated that Simon Financing Partnership, L.P. is the proper entity in this matter. See Stipulation of Counsel attached as Exhibit A to the Declaration of Counsel filed concurrently herewith. Thus, Simon Financing Part...

Excerpt: ...d her client files, and was in the process of seeking new counsel. Otis need not call to rerequest oral argument upon reposting of the tentative ruling below. The tentative ruling from the July 26, 2022 hearing is reprinted below. The motion of Defendant/Cross‐Defendant Otis Elevator Company (“Otis”) for summary judgment, or in the alterative, summary adjudication, in its favor and against Plaintiff Velma Butler (“Plaintiff”) is DENIED ...

Excerpt: ...nto, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory noti...

Excerpt: ...ew This is a personal injury action. Pursuant to CCP §§ 2025.420, 2034.430(b) and 2034.450(a), Plaintiff moves for a protective order to compel Defendant to pay the fees of Plaintiff's expert witness, Dr. Rakesh Donthineni, whom Defendant deposed. Dr. Donthineni is a board‐certified orthopedic surgeon specializing in spinal surgery. Dr. Donthineni appeared at an August 4, 2022 for three hours. Defendant did not complete Dr. Donthineni's depos...

Excerpt: ...ion. Lopez filed an anti‐SLAPP motion, arguing her petition and speech was absolutely privileged. Judge David Brown granted her motion as to her complaint to the Assembly but denied it as to her statements to the press. Lopez appealed, and the Third District Court of Appeal reversed the partial denial, instructing this Court to grant the entire anti ‐SLAPP motion and to conduct further proceedings pursuant to the anti‐SLAPP law. The parties...

Excerpt: ...Sacramento. Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleged that Defendant has breached the Lease by failing to make timely rental payments. On April 20, 2022, this Court granted Plaintiff's motion for summary judgment and a formal order indicating that judgmen...

Excerpt: ...let Cruze (“Vehicle”) which was manufactured and/or distributed by GM. Plaintiff received an express warranty, including, a 3‐ year/36,000‐mile express bumper to bumper warranty and a 5‐ year/100,000‐ mile powertrain warranty which, inter alia, covered the engine and transmission; and subsequently received a 10‐year/150,000‐ mile special coverage adjustment (i.e., extended warranty), which covers the water pump and/or related cool...

Excerpt: ...n does not provide notice of the Court's tentative ruling system, as 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 by Zoom or by telephone. Factual Background This conso...

Excerpt: ...not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590.) Factual Background This action was commenced on July 13, 2021 with the filing of Plaintiff's complaint. On September 27, 2021, Plaintiff filed a First Amended Complaint ("FAC") pleading five causes of action for (1) sexual harassment under Government Code § 12940(j); (2) race discrimination under Government Code § 12940(a); (3) disabili...

Excerpt: ...alment, and breach of implied warranties, while his spouse has a claim for loss of consortium. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 2.) Plaintiff alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000 as a result of his work with and exposure to a number of chemical products listed in the complaint containing significant concentrations of benzene and other toxic chemicals from approximately 1...