Excerpt: ...the landlord. Plaintiffs allege that the owner of the real property was Defendant Menemsha Equity, LLC, a limited liability company. (FAC, ¶¶ 5, 8.) Plaintiffs allege that Defendant Weisberg is the sole member of Menemsha who, at all relevant times, acted within the scope of his agency or representation for Menemsha. (FAC, ¶¶ 2, 6.) But, a limited liability company is distinct from its members. (Corp. Code § 17701.04(a).) The liabilities of ...

Excerpt: ...matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) For purposes of demurrer, a court assumes the truth of the allegations in the complaint, but not the contentions, deductions, or conclusions of law. (California Logistics, Inc. v. State of California (2008) 161 Cal.App.4th 242, 247.) The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contac...

Excerpt: ....S.C. § 1666 and 12 CFR § 202.12. 15 U.S.C. § 1666 concerns correction of errors in billing statements. 12 CFR § 202.12 concerns allowable ways for a creditor to retain otherwise prohibited information and records related to the Equal Credit Opportunity Act. These items may be judicially noticed under Evidence Code section 452, subdivisions (a) and (b). However, the court declines to take judicial notice as these items do not bear on resoluti...

Excerpt: ...rnow (Weil & Brown), Civil Procedure Before Trial, §6:158, pp. 6‐57 and 6‐58; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 [a “conclusory characterization of defendant's conduct as intentional, willful and fraudulent is a patently insufficient statement of ‘oppression, fraud, or malice, express or implied,' within the meaning of section 3294”]. Civil Code §3294(c)(1) defines malice as “conduct which is intended to cau...

Excerpt: ....S.C. § 1666 and 12 CFR § 202.12. 15 U.S.C. § 1666 concerns correction of errors in billing statements. 12 CFR § 202.12 concerns allowable ways for a creditor to retain otherwise prohibited information and records related to the Equal Credit Opportunity Act. These items may be judicially noticed under Evidence Code section 452, subdivisions (a) and (b). However, the court declines to take judicial notice as these items do not bear on resoluti...

Excerpt: ...rnow (Weil & Brown), Civil Procedure Before Trial, §6:158, pp. 6‐57 and 6‐58; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 [a “conclusory characterization of defendant's conduct as intentional, willful and fraudulent is a patently insufficient statement of ‘oppression, fraud, or malice, express or implied,' within the meaning of section 3294”]. Civil Code §3294(c)(1) defines malice as “conduct which is intended to cau...

Excerpt: ...6 Cal.4th 446, 460.) Because Defendant has not met this burden, Plaintiff has no burden to produce any evidence or disprove anything and the court must deny the motion without looking at any opposing evidence. (Y.K.A. Indus., Inc. v. Redevelopment Agency of the City of San Jose (2009) 174 Cal.App.4th 339, 353‐354; Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 940; United Cmty. Church v. Garcin (1991) 231 Cal.App.3d 327, 338.) An insurance agent...

Excerpt: ...head, neck and spine by Dr. Tabaraee, M.D. in Manteca which is 67 miles from Fairfield. Defense shall provide Plaintiff with 3 proposed dates for examination. Plaintiff shall select 1 date among the 3 proposed dates. The examination will be conducted and completed on one day between the hours of 9 and 5 and limited to 4 hours in duration. Plaintiff shall undergo a mental examination related to his claims of short‐term memory loss, difficulty co...

Excerpt: ...bilitation (“CDCR”) staff that allegedly mistreated Plaintiff. Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.” Plaintiff's allegations against DIAZ are that DIAZ had �...

Excerpt: ...ential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “proven by clear and convincing evidence that the defendant has been guilty o...

Excerpt: ... firm acting as escrow agent that completed transaction despite instructions from seller to terminate sale].) In this case, Plaintiff alleges that the foreclosure sale was completed May 1, 2018, that Defendant had duty to disburse surplus funds by June 8, 2018 and that, despite no other claimants to the surplus funds, Defendant maintained control of the funds and attempted to condition release of the funds upon dismissal of a suit Page 2 of 3 for...

Excerpt: ...nded. In FCS053677, Plaintiff alleges physical injury due to “excessive force.” On April 29, 2020, the parties appeared via Zoom in FCS053677 for a case management conference one hearing. The parties agreed the cases are related. Based upon that agreement, the court orders the cases to be related. To date, no motion or stipulation has been received by the Court to consolidate the two actions. Parties to appear to address consolidation of the ...

Excerpt: ...as a matter of law. (Aguilar v. Atl. Richfield Co. (2001) 25 Cal.App.4th 826, 850) Despite this court's prior ruling that “Defendant Forsythe owed [Plaintiffs] a duty not to create an unreasonable risk of injury to them and breached that duty by informing Defendant Snyder he would look the other way if Snyder drove over Plaintiffs' signs” (Minute Order (2/26/20)), a duty that is not based on the duties of an owner of real property owed to inv...

Excerpt: ...entire Declaration of Rob Reiter generally and to his various assertions of JPMC's negligence particularly. The court declines to rule on these objections to evidence as it deems them not material to disposition of the motion for summary judgment, as discussed below. (Code Civ. Proc. § 437c, subd. (q).) Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (C...

Excerpt: ...th 1228, 1238; DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) And, regardless of whether Defendant can be held liable for breach of the lease agreement, the facts alleged in the complaint give adequate notice that Defendant may be held liable for intentionally or negligently causing damage to real property owned by Pl...

Excerpt: ...nesses and governmental agencies. However, these discovery issues arose prior to declaration of a state of emergency or imposition of shelter in place orders and the discovery has been pending since August 2019. In addition to the multiple extensions, the court also considered Defendant's delay in responding to Plaintiff's December 2, 2019 meet and confer letter and the contents of Defendant's February 12, 2020 meet and confer letter. A. Motion t...

Excerpt: ... 2, Unlabeled “Exhibit 2”; Decl. of Jones, Exh. B.) Page 2 of 3 These causes of action are all based on duties arising out of Defendant's attorney‐client relationship with Decedent. (Complaint, ¶¶ 23‐63, 76‐80.) Plaintiff does not have standing to commence these causes of action, which survive the death of Decedent. (Code Civ. Proc. § 377.20(a).) A cause of action that survives the death of the person entitled to commence an action �...

Excerpt: ...ed for Taylor Venegas and one pro per cannot be represented by another pro per. Further, from the Court's review of the file, it appears that Erika Venegas has executed numerous documents which appear to take action on behalf of Taylor Venegas or may have signed pleadings on behalf of Taylor Venegas. 2. Confirmation of the status of parties' appearance in this suit. Plaintiff Erika Venegas filed dismissals of previously named Defendants. Taylor V...

Excerpt: ...ed causes of action. Judicial Notice. The court may properly accept facts it may judicially notice or that cannot reasonably be controverted when ruling on a motion for judgment on the pleadings. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) Defendants request judicial notice of the first amended complaint (“FAC”) and the lease agreement between them, Rickie Welch, and Bobby Welch, II. The court decline...

Excerpt: ...rtaining to the foreclosure sale at issue in this case and Plaintiff's Chapter 7 bankruptcy. Page 5 of 6 The court takes judicial notice of the existence and legal significance of the recorded documents as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) The court takes judicial notice of the bankruptcy court documents as r...

Excerpt: ...umption of those beverages. (Civ. Code § 1714(c).) The sole exception to this general rule of nonliability is when a “parent, guardian, or another adult … knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age”. (Civ. Code § 1714(d); Rybicki v. Carlson (2013) 216 Cal.App.4th 758, 764.) The term “furnish” requires an affirmative act to “to su...

Excerpt: ...ect is capable of cure and public policy favors great liberality in permitting amendment. (Aubry v. Tri‐City Hospital District (1992) 2 Cal.4th 962, 970‐ 971; Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) Plaintiff has made a plausible case that it can plead sufficient facts to establish HOISETH's potential liability. HOISETH's demurrer is sustained in its entirety with leave to amend. Plaintiff shall have thirty days from the date of he...

Excerpt: ...Saverio E. Demitri.) The factors to be taken into account in the determination of whether a settlement is in "good faith" include a rough approximation of the plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among the plaintiffs, and a recognition that a settlor should pay less in settlement than if found liable after a trial. (Tech‐Bilt, Inc. v. Woodward�...

Excerpt: ...DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) Plaintiff alleges that each Defendant is the agent, employee, member, partner, principal, director, officer, heir, representative and/or joint venturer of the other. (Complaint, ¶ 5.) The undisputed evidence presented by Plaintiff supports this allegation. And, regardles...

Excerpt: ...g, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “p...