Excerpt: ... to Code of Civil Procedure section 418.10 for an order quashing service. 1 Mitsubishi moves on the grounds that the Court does not have general or specific personal jurisdiction over it because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi with California. Mitsubishi's Legal Manager of International Relations, Erwin Condez, declares that Mit...

Excerpt: ...b) of the Code of Civil Procedure.l That section provides: A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil achon subject to subdivision (a) [persons over 70 years of agel shall be given preference over a case subjec...

Excerpt: ...t sustained the demurrer with leave to amend and granted the moton to strike. On April 17, 2023, Plaintiff filed a second amended complaint (SAC), alleging five causes of action for: 1) Violation of State and Federal Civil Rights; 2) Trespass; 3) Oppression, Fraud and Malice; 4) Bane Act Violation; and 5) Vicarious Liability. Defendants filed an answer to the SAC on May 18, 2023. The action arises out of a building code inspection at premises own...

Excerpt: ...at issue: (1) sexual harassment-hostile work environment (pled against Flores and the CMD); (3) employment discrimination on the basis of sex (against the CMD); and (5) intentional infliction of emotional distress (against Flores). Now before the Court is Defendants' motion for leave of court to conduct an independent mental examination (IME) of Plaintiff. The parties appeared for the hearing on this motion on October 25, 2023. At the hearing, Pl...

Excerpt: ...DC (Defendants) in the Fall of 2021. At the time, Plaintiff was 90 years old. At his initial appointment in October 2021, Dr. Cane recommended a treatment plan which included placement of four dental crowns on teeth numbers 3, 4, 6, and 20. Plaintiff paid in advance for the procedures and also purchased from Defendants an annual membership in OneSmile Dental Membership Plan thinking it was a form of dental insurance. One crown was successfully re...

Excerpt: ...ectively as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel and a loss of consortum cause of action as to David. Currently before the Court is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Isabel. In support of its motion, Defendant submitted the declaration of Andrew Lawson, ...

Excerpt: ...i Trust; John W. Jones, Jr.; Shannon Jones; Katie Jones Pascoel ; The Morro Bay Ranch Limited Partnership (the Limited Partnership); and other Defendants who are no longer partyto the lawsuit. Intervening Plaintiff Dan Eddleman, Sandra's estranged husband, joined the lawsuit shortly before trial, on October 25, 20202 A court trial commenced on October 27, 2020. On July 20, 2021, this Court issued its Statement of Decision (SOD), wherein the Court...

Excerpt: ...ard defendant's demurrers to that pleading and issued an order on 8/10/23. The court sustained without leave to amend as to cause of action 1 and overruled as to causes of action 2-4. Per CRC 3.1320(g) and (j), defendant should have filed an answer to the FAC within 10 days of notice of entry of that order. There was nothing for plaintiff to amend and plaintiff never filed a second amended complaint. But instead of complying with the code and rul...

Excerpt: ...thout her informed consent. Her husband, plaintiff Steve Lessi, alleges a claim for loss of consortium. Amy Lessi and Steve Lessi are collectively referred to as "Plaintiffs." Dr. Levin and defendant ENT Medical and Surgical Care are collectively referred to as "Defendants." Defendants move for summary judgment or alternatively summary adjudication on the following grounds: Issue No. 1: The First Cause of Action for Medical Negligence fails as a ...

Excerpt: ..., and its amendments, Claire continued to serve as the sole trustee. Claire passed away in July 2012. Shortly before her death she resigned as trustee, and two of the Settlors' children (Marianne and Gail) became the successor trustees of all three subtrusts. The Settlors' son Peter served as a third trustee for Trusts B and C.I Disagreements between the siblings resulted in this trust proceeding and the appointment of Jed Hazeltine (Hazeltine) a...

Excerpt: ...iding and abetting; and wrongful termination. On May 4, 2020, Defendants filed a motion to compel Plaintiffs' claims to arbitration. On September 1, 2020, this Court (Hon. Ginger E. Garrett, presiding) granted the motion. On December 18, 2020, Plaintiffs submitted their demand for arbitration "solely pursuant to the order compelling arbitration and contended that Defendant's arbitration agreements were unenforceable." (Mtn., p. 2, II. 23-25.) Thi...

Excerpt: ...rch 8, 2023, the parties stipulated that the jury be discharged, and the trial converted to a bench trial. Prior to resumption of the trial before the Court, and based upon agreement of the parties, the Court ordered the parties to attend another mandatory settlement conference which was held on March 10, 2023. Trial resumed on March 13, 2023, concluding on March 16, 2023. On March 16, 2023, counsel for the parties agreed to submit written closin...

Excerpt: ... barred by the applicable statute of limitations and that Defendant with the applicable standard of care and in no way caused or substantially contributed to plaintiff Amy Lessi's claimed injuries. On November 8, 2023, Plaintiffs filed a Notice of Non-opposition to Defendant, Dignity Community Care Center dba French Hospital Medical Center's Motion for Summary Judgment. The notice states that Plaintiffs "do not oppose" the motion. However, even w...

Excerpt: ...quest by the Defendant. The loan is identified as account ending in 6961. The Defendant(s) was billed periodically throughout the credit relationship for the credit extended pursuant to the requirements of the Fair Credit Billing Act (15 USC Section 1666 et seq.) See an account record for account ending in 6961 attached as Exhibit "A". The Plaintiff has performed all conditions precedent to bringing this action orthe same have been waived by the ...

Excerpt: ...pleton Property). On November 22, 2015, Decedent's son, Keith McKibben (Petitioner), filed a petition under Probate Code section 17200 seeking Respondent's removal as trustee for various alleged breaches of trust. On May 17, 2021, the Court issued its "Ruling on Phase I of the Trial" (the 2021 Ruling). 1 The second phase of the trial is set to begin on June 3, 2024. On August 2, 2022, Petitioner filed a second amended petition (SAP). The SAP alle...

Excerpt: ...s Code section et seq. and a representative cause of action for civil penalties under the Private Attorneys General Act, Labor Code section 2698, et seq. Plaintiffs allege that they were misclassified as independent contractors and are entitled to unpaid wages, and meal and rest period violations. All causes of action are alleged against all Defendants. A jury trial is set to begin November 13, 2023. Defendant Ezzell now brings a moton to dismiss...

Excerpt: ... filed the two subject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement"). (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), E...

Excerpt: ...Respondent granted a two-week extension for the response date, and responses were due by August 23, 2023. On October 12, 2023, when Respondent served and filed the discovery motions, no responses had been served. (Declaration of Adam M. Daner in support of Motion for Order Admitting Requests for Admissions, Set One ("Daner Decl. RFAs"), 2, 3, 6; Declaration of Adam M. Daner in support of Mohon for Order Compelling Responses to Form Interrogatorie...

Excerpt: ...Cruz entered into a contract with Inpatient and was hired to work at two acute care hospitals owned by Defendant Tenet Healthcare Corporation, Sierra Vista Regional Medical Center and Twin Cities Community Hospital (collectively "Tenet"). De La Cruz filed the subject complaint alleging he was terminated for an alleged medical disciplinary cause or reason, and that his staff privileges were wrongfully terminated without adequate notice or hearing ...

Excerpt: ... of Civil Procedure section 418.10 for an order quashing service.l Mitsubishi and Daimler each move on the grounds that Plaintiff failed to properly serve them with the summons and operative complaint, and that the Court does not have general or specific personal jurisdiction over them because Plaintiff cannot establish that it has sufficient contacts with California or that this lawsuit arose out of or is related to any contact by Mitsubishi or ...

Excerpt: ...quiet title to the easement and stop the defendants from interfering with Pereira's use of the easement. In 2019, the parties entered into a settlement, whereby they agreed to re-define the scope of Pereira's easement as non-exclusive, and to relocate the easement to the existing traveled way ("Settlement Agreement"). The Settlement Agreement specified requirements for certain gates and water-diverting speed bumps as well as limitations on contac...

Excerpt: ...fendant"). Plaintiff alleges Defendant violated the Song-Beverly Warranty Act (Civil Code sections 1790 et seq.) by failing to repair the alleged defects in the Vehicle. Defendant moves to compel arbitration of Plaintiff's claim, and for stay of this action until the conclusion of arbitration. Plaintiff opposes the motion. Defendant seeks to compel arbitration based on prov-sions in the RISC between Plaintiff and Dealer and claims that although i...

Excerpt: ...ly as "Plaintiffs." Plaintiffs allege a negligence cause of action as to Isabel Porter and a loss of consortium cause of action as to David Porter. At issue is Defendant CommonSpirit Health dba French Hospital's ("Defendant") motion for summary judgment. Defendant argues that there is no evidence that it acted negligently in providing medical care to Ms. Porter. Defendant submits the following expert opinion of Andrew Lawson, M.D.: Based upon my ...

Excerpt: .... Plaintiffs filed a first amended complaint on September 21, 2021, and a second amended complaint (SAC) on December 30, 2022. The action arises out of development of a licensed cannabis cultivation facility at property owned by Gabriel located in Arrop Grande, CA (the Property). Saadatmandi now demurs to the two causes of action alleged against him in the SAC2 : the fourth cause of action for conversion of chattel, and the sixth cause of achon f...

Excerpt: ...bject motions to compel arbitration against Gil and Jenkins pursuant to two different agreements. On October 21, 2016, Gil signed an employment offer letter ("Employment Agreement") that includes an arbitration clause. (Declaration of Lisa Hamor ("Hamor Decl."), Exh. A.) On May 22, 2019, Jenkins signed a Mutual Agreement to Arbitrate Claims ("Arbitration Agreement.") (Declaration of Johnna Rogers-Castro ("Rogers-Castro Decl."), Exh. A.) The agree...