Excerpt: ...ility – failure to provide reasonable accommodations; and (4) retaliatory discharge. Each cause of action was filed as a violation of the Fair Employment and Housing Act (the FEHA). I. STATEMENT OF FACTS The District hired Lowry in 2001 for the position of Harbor Patrol Officer (HPO) I. He was subsequently promoted to HPO II and HPO III. In addition, Lowry served as the interim Harbor Chief from September 2011 to October 2015. On March 11, 2016...

Excerpt: ...that she was part of a security breach. (Id. ¶ 8.) After calling the number on the warning, Plaintiff was advised by a man named “Naz Adams” (“Adams”) of the extent of the purported breach and so began a series of phone calls with Adams (Id.) At some point, Adams informed Plaintiff that her bank account had also been compromised and introduced her to a man named Jack Wells (“Wells”) who claimed to work for Mechanics Bank. (Id. ¶ 9.)...

Excerpt: ... following issues: that Garden Street is liable to Lindvall for breach of a promissory note under the first cause of action; that Marshall is liable to Lindvall for breach of a written guaranty under the second cause of action; and that Defendants' affirmative defenses are insufficient to excuse Defendants' breach of the note and guaranty. I. Standard of Review on Summary Judgment A party may move for summary judgment in an action or proceeding i...

Excerpt: ... violation of the California Environmental Quality Act (CEQA), Public Resources Code sections 21 168 and 21 168.5; and (2) “The Hemp Prohibition Violates the Law and is Unsupported by Any Evidence,” which Petitioner alleges violates Code of Civil Procedure sections 1060, 1085, and 1094.5. Petitioner is a Wyoming nonprofit mutual benefit corporation, formed to support the hemp industry within the County. (Pet., ¶ 12.) Petitioner's lawsuit cen...

Excerpt: ...y 23, 2022. In the FAC, Plaintiff brings causes of action for elder abuse, fraud, breach of contract, breach of fiduciary duty, undue influence, negligence, negligent hiring, supervision and retention, breach of covenant of good faith and fair dealing, violation of Consumer Legal Remedies Act and unfair competition. The FAC alleges that Acramonte is an 88‐year‐old man with multiple health problems including Alzheimer's and dementia. (FAC ¶¶...

Excerpt: ...ubject to a mortgage. (Declaration of Cheryl DiLeonardo (“DiLeonardo Decl.”) ¶ 2.) On August 21, 2018, Ray executed, delivered to Cheryl, and recorded a grant deed transferring a fifty percent interest in the Property to Cheryl. (Id.) Ray passed away on August 8, 2019. (Id.) Disputes between Cheryl and the estate's beneficiaries, including plaintiff Nicolette Baker (“Baker”), who is also administrator of the Estate of Ray Baker (the “E...

Excerpt: ...to produce the requested documents. On June 21, 2021, having received no documents from ABCI, counsel for BCP served a Request For Supplemental Responses To Requests For Production of Documents and Tangible Things on ABCI. (Declaration of Sherrie Flynn (“Flynn Dec.”), ¶¶ 5‐7; Exs. A‐C.) After no documents were produced, and after the parties exchanged meet and confer correspondence, BCP filed a motion to compel ABCI to produce further r...

Excerpt: ....; Rajan Patel, M.D.; and Radiology Associates. Plaintiffs allege causes of action for medical negligence and loss of consortium. Now before the Court is Scott Bisheff, M.D.'s motion for summary judgment. Plaintiffs have filed a notice of non‐opposition. Legal Authority As the moving party, the defendant has the initial burden to make a prima facie showing that there are no triable issues of material fact and that he is entitled to a judgment a...

Excerpt: ...s for necessary expenditures or losses, and unfair competition. Plaintiff seeks penalties and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Jeffrey Krivis. (Declaration of Stan S. Mallison (“Mallison Decl.”) ¶ 16.) Now before the Court is the unopposed motion ...

Excerpt: ... and damages under the Labor Code, Business and Professional Code, and the Private Attorney General's Act (“PAGA”). The Class has not been certified. The parties have engaged in arms' length negotiations and mediation with attorney Henry J. Bongiovi, Esq. (Declaration of Matthew K. Moen (“Moen Decl.”) ¶ 15.) Now before the Court is the unopposed motion for preliminary approval of the Class Action Settlement (CAS), wherein Plaintiff reque...

Excerpt: ...nant. On October 8, 2021, Plaintiff filed a second amended complaint (“SAC”). Currently before the Court is Knudson's demurrer to the SAC. This is the third demurrer to the interpleader cause of action. For the reasons set forth below, the demurrer is sustained without leave to amend. The SAC alleges that Plaintiff and Knudson were shareholders in a corporation known as Premier Refinishing, Inc. (“Premier”), which operates pursuant to a f...

Excerpt: ...f and the People of the State of California for (1) violation of the California Insurance Frauds Prevention Act, Insurance Code section 1871.7; (2) fraud and intentional deceit; (3) negligent misrepresentation; (4) violation of the California Unfair Competition Law; and (5) breach of contract. The complaint was filed in camera under seal pursuant to Insurance Code section 1871.7, subdivision (e)(2), and was ordered unsealed on November 13, 2018. ...

Excerpt: ...to compel arbitration. The arbitration agreement is found in The Consumer Credit Card Customer Agreement and Disclosure entered into by the parties (“Contract”). (Declaration of Claudia Gavrilescu (“Gavrilescu Dec.”), ¶ 2; Ex. A.) Wells Fargo does not oppose the motion to compel arbitration but asserts that, pursuant to the terms of the arbitration agreement, Cornelius is the only party that can initiate the arbitration proceedings. Corn...

Excerpt: ...”) re sanctions, and finally, an OSC re dismissal. Plaintiff now moves pursuant to Code of Civil Procedure section 473(b) to set aside the dismissal on the grounds of mistake, inadvertence, surprise or excusable neglect the motion is supported by its counsel's affidavit of fault. Pursuant to Code of Civil Procedure section 473(b), the Court shall, whenever an application for relief is made no more than six months after entry of judgment, is in ...

Excerpt: ...egan when the Grays, who were guests of the Hickeys, negligently placed combustible material in the property's broiler and turned on the oven to cook. (Complaint (“Compl.”), p. 4.) Allstate insured Pangelinan and paid out $81,425.14 to him. (Id., pp. 4‐5.) On February 1, 2021, the Grays filed a cross‐complaint against Allstate, the Baycliff Village Homeowners Association, Henry Pangelinan, Florence Pangelinan, and Travelers Casualty Insur...

Excerpt: ...7 special interrogatories. Plaintiff's declaration of necessity states this number of interrogatories is warranted because of: (1) The complexity or the quantity of the existing and potential issues in the particular case; (2) the financial burden on a party entailed in conducting the discovery by oral deposition; and, (3) the expedience of using this method of discovery to provide to the responding party the opportunity to conduct an inquiry, in...

Excerpt: ...ice; and 8) exemplary and punitive damages. Defendant demurs to the complaint. I. Standard at Demurrer A demurrer can be used only to challenge defects that appear on the face of the pleading under attack, or from matters outside the pleading that are subject to judicial notice. (Code Civ. Proc., § 430.30, subd. (a).) “The facts alleged in the pleading are deemed to be true, however improbable they may be.” (Berg & Berg Enterprises, LLC v. B...

Excerpt: ... Ex. A.) Lein is a beneficiary of the Trust. The remaining settlor, John Lein, died in 2015. The Trust was terminated in 2020. In 2007, Cyr sent a letter on Lein's behalf to the co‐trustees, addressing numerous concerns. (Comp., Ex. B.) In 2008, Cyr prepared a petition on Lein's behalf, seeking removal of the co‐ trustees and other relief. (Comp., Ex. C.) The petition was not filed with the Court. In 2015, Cyr filed a brief on behalf of Lein'...

Excerpt: ... 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants1 and declined to award any relief to Plaintiffs. On August 16, 2021, the Jones Defendants filed their memorandum of costs, seeking to recover $46,700.25 in costs. Now before the Court are two motions to tax the Jones Defendants' costs. The first is filed by Plaintiffs Sandra N. Eddleman and Madelyn Lue Eddleman; the second, by Intervening ...

Excerpt: ...f the Artilla Bonetti Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer parties to the lawsuit. Intervening Plaintiff, Daniel Eddleman (Intervenor), Sandra's estranged husband, joined the lawsuit on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, where...

Excerpt: ...atie Jones Pascoe1 ; The Morro Bay Ranch Limited Partnership (the Partnership); and other Defendants who are no longer party to the lawsuit. Intervening Plaintiff Daniel Eddleman (Intervenor) joined the lawsuit shortly before trial, on October 26, 2020. A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision, wherein the Court found in favor of the Jones Defendants and declined to award any relie...

Excerpt: ...motional distress, (5) negligent infliction of emotional distress, (6) breach of the implied covenant of good faith and fair dealing, (7) failure to prevent violation of the FEHA, (8) failure to furnish itemized wage statements, (9) failure to keep and maintain accurate time records, (10) failure to compensate for missed meal periods, (11) failure to compensate for missed rest breaks, (12) failure to pay overtime, (13) waiting time penalties, (14...

Excerpt: ...fendants' treatment of her late son, Keith Bernard Murphy, II (Decedent). Plaintiff alleges that Defendants breached their duty of reasonable care and were negligent in providing health care services to Decedent because they failed to properly prescribe prescription medications, failed to properly supervise office personnel, and failed to properly chart and keep appropriate medical records. Now before the Court is the Guimaraes Defendants' motion...

Excerpt: ...easons set forth below, the Court denies the motion. A. Motion for New Trial A motion for new trial seeks a reexamination of one or more issues of fact or law after a trial and decision by a judge or jury. (Code Civ. Proc., §§ 656‐657.) A motion for new trial is statutory and must be based on one or more of the grounds set forth in Code of Civil Procedure section 657. (Fomco, Inc. v. Joe Maggio, Inc. (1961) 55 Cal.2d 162, 166.) Petitioner arg...

Excerpt: ...g the demurrer to the cause of action for fraudulent concealment with leave to amend, the Court concluded that the allegations in the initial complaint did not meet the heightened standard of a fraud claim, particularly one against a corporate employer. In pleading a fraud claim against a corporate employer, the plaintiff must allege the names of the persons who made the allegedly fraudulent representations, their authority to speak, to whom they...