Excerpt: ...f the relevant information. Defendants were served with the summons and complaint on January 7, 2021. Plaintiff then served defendants, by mail to their home address, requests for admission on February 1, 2021. Defendants' attorney filed an answer on February 3, 2021 and commenced discovery. Defendants' attorney was not informed of the outstanding discovery served by plaintiff by either plaintiff's counsel or her clients and in fact, did not lear...

Excerpt: ...ke. Plaintiff does not explain why Plaintiff alleged in the Complaint that Defendant was driving 70 miles per hour but now alleges in the First Amended Complaint that Defendant was driving 100 miles per hour at the time of the accident. The burden was on Plaintiff to justify this material change in factual allegations. If a pleader fails to explain the inconsistencies with prior pleadings the court may disregard the inconsistent allegations (Vall...

Excerpt: ...cessary to avoid prejudice where she declares that she is eighty‐six years old and has metastatic cancer. (Declaration of Elaine Logan Mein at ¶¶ 4, 6.) Despite knowledge of the pendency of this motion and the apparent knowledge of the filing of a bond, Plaintiff EMERGENCY CONSTRUCTION SERVICES has not named the bond company as a DOE. Therefore all named parties are before the court. Further, Real Party In Interest is requesting the relief. W...

Excerpt: ...ndard. The function of a demurrer is to test the sufficiency of the complaint as a matter of law. (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) The Court assumes the truth of the allegations in the complaint, but does not assume the truth of contentions, deductions, or conclusions of law. (California Logistics, Inc. v. State of California (2008) 161 Cal.App.4th 242, 247.) The court does 3 not consider extrinsic facts ...

Excerpt: ...ranted. Full and complete verified responses without objections shall be served within 30 days of service of this order. The court notes that the proper motion is a motion for order deeming requests for admission admitted. CCP §2033.280. This was not requested by plaintiff and is not granted. Motion to Compel Responses to Form Interrogatories The motion is granted. Full and complete verified responses without objections shall be served within 30...

Excerpt: ...MES R. INGLEBRIGHT to Requests for Production Set Two; and for Sanctions TENTATIVE RULING The disputes over the 17 requests for production at issue all boil down to the question of whether a responding party may produce a group of documents and put the onus on the requesting party to find any that are responsive to a specific request, or if the responding party must identify the specific documents responsive to a specific document request. C.C.P....

Excerpt: ...or some different case. Second, the motion is not properly served upon all parties to this action including defaulting defendant Si Se Puede Autos, Inc. and Hudson Insurance Company. Service by email to Westlake is not presumptively effective given that the person who may previously have served as counsel may or may no longer be counsel of record given dismissal of the case 5 months earlier. Third, as to Westlake Financial, Westlake's unopposed m...

Excerpt: ...udgment on the pleadings as to the prayer for punitive damages in the complaint. Plaintiff RAMON REYES also calendared a motion to amend the complaint to be heard weeks later. On January 5, 2021, the court directed the parties to appear to discuss scheduling of the motions given the fact that the court intended to grant the motion for judgment on the pleadings but also intended to permit plaintiff to amend his complaint. Ultimately, the parties s...

Excerpt: ...7, 1306.) A cause of action for breach of an implied warranty cannot accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the Song‐Beverly Act. (Com. Code § 2725(2); Mexia, 174 Cal.App.4th at 1308‐1309.) And, while a breach of an express warranty contemplates future performance such that it does not accrue until a breach is or should have been dis...

Excerpt: ...nded Complaint. The court also sustained the demurrer of Defendant THE COCA COLA COMPANY (“COCA COLA”) based upon the failure to allege sufficient facts in the First Amended Complaint to establish a relationship of joint employment. Plaintiff was afforded 20 days to amend as to COCA COLA. On December 7, 2020, Plaintiff filed the Second Amended Complaint. No proof has been filed that the Second Amended Complaint was served upon the Defendants....

Excerpt: ...nges to the non‐judicial foreclosure of real property he owned located at 1336 Crowley Lane, Fairfield, CA 94533: Dayton v. Quality Loan Service Corp. as Trustee for Bank of America Home Loans Servicing LP as Beneficiary and Bank of America, Solano County Superior Court Case No. FCS045278 Dayton v. Bank of America, as successor by merger, Solano County Superior Court Case No. FCS052246 The instant lawsuit is the third lawsuit filed by DAYTON ag...

Excerpt: ...d fifth cause of action for negligence. A plaintiff may maintain a cause of action for equitable indemnity when there is some basis for tort liability against the defendant. (BFGC Architects Planners, Inc. v. Forcum/Mackey Constr., Inc. (2004) 119 Cal.App.4th 848, 852.) While liability under the Agricultural Labor Relations Act is limited to “employers” and excludes farm labor contractors (See, Lab. Code §§ 1140.4(c) [definition of employer...

Excerpt: ... 1306.) A cause of action for breach of an implied warranty cannot 2 accrue any later than one year after tender of delivery of the good, the “limited prospective existence beyond the time of delivery” provided by the Song‐Beverly Act. (Com. Code § 2725(2); Mexia, 174 Cal.App.4th at 1308‐1309.) And, while a breach of an express warranty contemplates future performance such that it does not accrue until a breach is or should have been dis...

Excerpt: ...FLINT COREY ZIDE and SARKIS SERGO KARAYAN (“Attorneys”), the attorneys who drafted and filed the collection complaint in this action. SUMERS' cross‐complaint alleged against Attorneys causes of action for violation of the Federal Debt Collection Practices Act (“FDCPA”) and California's Rosenthal Fair Debt Collection Practices Act (“Rosenthal Act”). Both the FDCPA and the Rosenthal Act are designed to protect unsophisticated consumer...

Excerpt: ... in severe cellulitis and near amputation” arising out of a “missed [] step coming out” of a rental vehicle. (Response to UMF 3.) Plaintiff felt no pain or experienced other symptoms of injury on the date of the vehicle collision or the days immediately following the collision. (Id. at 4‐5.) It is undisputed that Plaintiff sustained his left ankle and foot injury “when he ‘misstepped' out of his rental vehicle from about three feet of...

Excerpt: ...r or motion to strike. Plaintiff does not explain why Plaintiff alleged in the Complaint that Defendant was driving 70 miles per hour but now alleges in the First Amended Complaint that Defendant was driving 100 miles per hour at the time of the accident. When a party attempts to avoid the defects of a prior complaint by omitting facts that made the prior complaint defective or adding inconsistent facts, the court may take 4 judicial notice of th...

Excerpt: ... in severe cellulitis and near amputation” arising out of a “missed [] step coming out” of a rental vehicle. (Response to UMF 3.) Plaintiff felt no pain or experienced other symptoms of injury on the date of the vehicle collision or the days immediately following the collision. (Id. at 4‐5.) It is undisputed that Plaintiff sustained his left ankle and foot injury “when he ‘misstepped' out of his rental vehicle from about three feet of...

Excerpt: ...n violation of the Benicia Municipal Code; (2) operating a commercial cannabis operation without the appropriate state and local permits and/or licensure authorizing such business activities to be conducted; (3) occupying and/or utilizing the premises of 2995 Bayshore Road which have been altered in violation of the Building Code without the appropriate permits and inspections. The court also finds the evidence supports judgment for declaratory r...

Excerpt: ... it is not alleged in the complaint, Defendant Farmers asserts in its motion that it is merely the insurer for Defendant Khodaverdi. Plaintiff cannot bring a direct action against an insurer and may not join an insurer in an action against the insured to establish liability. (Rose v. Royal Ins. Co. (1991) 2 Cal.App.4th 709, 718; Zahn v. Canadian Indem. Co. (1976) 57 Cal.App.3d 509, 514.) In any case, having failed to file any opposition to the mo...

Excerpt: ...y and Bank of America, Solano County Superior Court Case No. FCS045278 Dayton v. Bank of America, as successor by merger, Solano County Superior Court Case No. FCS052246 The instant lawsuit appears to be the third lawsuit filed by DAYTON against BANK OF AMERICA related to the foreclosure of the Crowley Lane property. FCS045278 was dismissed by DAYTON without prejudice. In FCS052246, a tentative ruling granting BANK OF AMERICA's motion for summary...

Excerpt: ...settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. Plaintiff has shown that the settlement was simultaneously presented to the Labor and Workforce Development Agency. (Declaration of Scott L. Gordon, Exhibit 2.) The court finds the proposed distribution of the total settlement amount reasonable, including payment of $33,333 (one third of the $100,000 total amount) to counsel for attorneys' fe...

Excerpt: ...rts have been made to meet and confer to try to informally resolve the disputes. C.C.P. §2025.450(b)(2). The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certain extent, the judge's gut feel...

Excerpt: ...intiff shows he properly presented a written administrative claim. Defendants acknowledge that Plaintiff met his claim presentation requirements. However, Defendants argue that Plaintiff failed to timely file this state suit. This argument fails to address the tolling of the state claim due to the pendency of the federal action. (See Addison v. State of California (1978) 21 Cal.3d 313, 319‐320; Harris v. Grimes (2002) 104 Cal.App.4th 180, 189.)...

Excerpt: ...lure to pay overtime wages, (10) unlawful business practices, (11) quantum meruit, (12) money had and received, and (13) unjust enrichment, filed on November 13, 2020. The core of the complaint is a dispute over an agreement between the parties for SHARMA to purchase real property (the “Property”) from Plaintiff and then sell it back to him. Defendants present a number of attachments and declarations to the court in support of their demurrer....

Excerpt: ...24, 32, 40), Plaintiff specifically alleged that Defendant Kaufman performed a lumbar puncture, without obtaining informed consent, that caused her injuries. (FAC, ¶¶ 26, 33.) A demurrer may be sustained when specific allegations inconsistent with general allegations render the complaint defective. (Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1236.) Plaintiff concedes that Dr. Geller is not an emergency medicine physician ...