Excerpt: ...matter. Ultimately, the parties recited a settlement agreement on the record through their respective attorneys with the assistance of the court. Although Plaintiff failed to provide the reporter's transcript of the settlement agreement, the court independently recalls directly asking Plaintiff whether this was her agreement and whether she understood the agreement and Plaintiff affirmatively acknowledging her understanding and stating her agreem...

Excerpt: ...tiffs here sought to compel arbitration, against both the car dealer RAHIM HASSANALLY dba Momentum Chrysler Dodge Jeep Ram of Fairfield (“HASSANALLY”), and lender/holder TRAVIS CREDIT UNION (“TCU”). On March 15, 2019, Plaintiffs dismissed their claims against HASSANALLY. In general, arbitration can be enforced only if there is an agreement to arbitrate which applies to all of the parties against whom arbitration is sought to be compelled....

Excerpt: ... under CCP Section 128.7(b)(1); they have not established that plaintiff's claims are not warranted by existing law under CCP Section 128.7(b)(2); and they have not established that plaintiff presented the complaint with knowledge that the claims in the complaint lack evidentiary support under CCP Section 128.7(b)(3). Defendants did not submit sufficient evidence in support of the motion. Although they submitted the transcript of the deposition o...

Excerpt: ...ing the certification of defendant ZHU as a “massage practitioner” (Exhibit A), the request is denied under Evidence Code Sections 452 and 453. These internet search results are not subject to judicial notice, and for the purposes of demurrer, do not conclusively establish that defendant was licensed and was a “certified massage practitioner” at the time of the incident on June 4, 2017. Defendant ZHU is to file an answer to the complaint ...

Excerpt: ...nment of judgment with the court in October 2016, signed by the president/chief operating officer of DUTRA CONSTRUCTION CO., INC. (“DUTRA”). The notarized assignment specifically identifies GARCIA by name (and her dba) as the assignee authorized to “recover, compromise, settle and enforce said judgment at its [sic] discretion”. Once the acknowledgment of assignment is filed with the court, the assignee has standing to proceed to enforce t...

Excerpt: ...no requirement for body‐to‐body contact, the unwanted touching must have been set in motion by the defendant's actions. (Mount Vernon Fire Ins. Co. v. Busby (2013) 219 Cal.App.4th 876, 884.) In this matter, the unwanted touching was carried out by bedbugs. Unlike an instrument, such as a dog, there is no allegation that the touching by the bedbugs was set in motion by Defendants or the result of training or direction of the Defendants. Plaint...

Excerpt: ...silenko v. Grace Valley Church (2017) 3 Cal.5th 1077, 1084 [liability applies to “those who own, possess, or control . . . premises . . ., regardless of their legal title over the property”]. A landowner usually faces no potential liability for injuries caused by a condition on a public street or sidewalk, unless the landowner created the danger. [I]n the absence of a statute a landowner is under no duty to maintain in a safe condition a publ...

Excerpt: ...ent, or compel a party to sign any document related to the settlement. The court notes that no transcript of the MSC proceeding of July 16, 2018, was submitted in support of the motion. Therefore, the court is left to rely only on the terms of the settlement reflected in the minute order for the MSC in determining what settlement terms should be included in the judgment to be entered under CCP Section 664.6. The minute order clearly reflects the ...

Excerpt: ... they were reasonably necessary to the conduct of the litigation and reasonable in amount. (Goglin v. BMW of N. Am., LLC (2016) 4 Cal.App.5th 462, 470; Robertson v. Fleetwood Travel Trailers of Cal., Inc. (2006) 144 Cal.App.4th 785, 817.) Plaintiff has not met this burden with respect to any fees incurred following the settlement offer for $34,000 made on or about January 3, 2017. (Decl. of Mikhov, ¶ 14.) Plaintiff has not demonstrated that it w...

Excerpt: ... notice of the deposition of the PMK at SAGAR, INC., which are almost identical, are somewhat overbroad, and not all of the topics and requests are reasonably calculated to lead to the discovery of admissible evidence. According to the report of CMS dated March 24, 2017, CMS found several deficiencies at the La Mariposa Care and Rehabilitation Center at that time. (Declaration of Hooshie Broomand, Exhibit C). However, not all of these Page 2 of 3...

Excerpt: ...laim for equitable indemnity in the cross‐complaint. The motion for summary judgment is denied on this ground. The motion for summary judgment and the motion for summary adjudication, filed in the alternative, are also denied because there is an issue of material fact as to whether the Property Management Agreement, and specifically, the indemnity provision contained in paragraph 4B of the Agreement, apply in this case. The evidence submitted b...

Excerpt: ...fficient claim and is supported by a sufficient prima facie showing of facts to sustain a favorable judgment if evidence submitted by Plaintiff is credited. (Wilson v. Parker, Covert & Chidester (2002) 28 Cal.4th 811, 821.) Plaintiff has established that Defendant made false statements in a public forum indicating that Plaintiff was fired from his position as principal at Vaca Pena Middle School for sexual harassment. To prevail, Plaintiff must e...

Excerpt: ...was threatened with revocation of its conditional use permit (“CUP”) by a member of city staff, and that a revocation hearing was scheduled, but fails to allege that a revocation hearing was actually conducted or any action actually taken by the City to revoke Plaintiff's CUP. The scheduling of a revocation hearing without further action by the City does not constitute a taking by Defendant and does not support a cause of action for inverse c...

Excerpt: ...excluded from the administrative record, or that could not have been produced in the exercise of reasonable diligence, by the party now attempting to rely upon it. With respect to the email from Mayor Patterson dated March 26, 2017, no explanation is provided as to why this item was not produced at the hearing on March 28, 2017 or “rehearing” on January 16, 2018, given it was in the possession of petitioner's counsel and petitioner had moved ...

Excerpt: ... Permanente The court grants, in part, the motion to compel plaintiff to sign an authorization for release of her medical records, or alternatively, compliance with the subpoena for medical records to Kaiser Permanente. Plaintiff is to sign the authorization form that was submitted as Exhibit D to the declaration of attorney Ryan McGuire filed by defendants on February 28, 2019. This authorization limits production of the documents to six years, ...

Excerpt: ...try, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status”. Civil Code §51(b). Page 3 of 6 Civil Code §51(e)(1) defines “disability” as “any mental or physical disability as defined in Sections 12926 and 12926.1 of the Government Code.” Civil Code §51(e)(3) defines “medical condition” as having “the same meaning as defined i...

Excerpt: ...xhibits A and B of the pleading. (TAC, ¶ 8.) Nothing in the offer limited Defendant's ability to terminate Plaintiff nor purported to establish that Plaintiff could only be terminated for good cause. (TAC, Exh. A.) In fact, the employment application expressly indicated that the employment would be “at will”. (TAC, Exh. B, p. 4.) Consequently, Plaintiff has not and cannot establish that Defendant breached any term or promise articulated in t...

Excerpt: ...d the act negligent.” (Taylor v. Oakland Scavenger Co. (1938) 12 Cal.2d 310, 316.) Plaintiff has adequately alleged that Defendant failed to exercise reasonable care in the processing and review of his loan modification application. (FAC, ¶ 30.) Plaintiff has sufficiently alleged that he qualified for a loan modification and that he would have been provided a loan modification had Defendant “properly processed / assessed his application.” ...

Excerpt: ...) and recorded on August 25, 2014 as void because Defendant Chase had assigned its interest in the note and deed of trust to Defendant Federal National Mortgage Association (“Fannie Mae”) in 1999. But, there is nothing facially void about the substitution. Plaintiffs admit that Defendant Chase was the original lender, beneficiary, and holder of the note. (SAC, ¶ 2.) Plaintiffs further admit that the substitution of trustee was recorded on Au...

Excerpt: ... service by mail on Defendants' counsel on that same date. Plaintiff's motion, also bearing the name and address of this new counsel of record, was served by mail on Defendants' counsel, again on January 22. Defendants' opposition, filed one month later, attached a proof of service by mail, listing only Plaintiff, and not her new counsel, as being served. The court therefore could not consider the arguments raised in those improperly served oppos...

Excerpt: ...he demurrer to the first cause of action for breach of contract and the second cause of action for fraud, which plaintiff states in his opposition are not directed to defendant SLACK, is sustained WITHOUT leave to amend. The demurrer to the fourth cause of action for unjust enrichment is also sustained WITHOUT leave to amend. The first amended complaint does not allege any facts to suggest that defendant SLACK may be liable for unjust enrichment....

Excerpt: ...blic entity has in some way deterred the plaintiff from presenting a timely claim. “It is well settled that a public entity may be estopped from asserting the limitations of the claims statute where its agents or employees have prevented or deterred the filing of a timely claim by some affirmative act.” (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 445 [256 Cal. Rptr. 766, 769 P.2d 948].) “Estoppel most commonly results fro...

Excerpt: ...previously filed with a court in order to provide those copies to his appointed attorney. However, Saldana fails to identify a statute, regulation or policy which mandates that CDCR make copies of documents in the personal possession of an indigent inmate at CDCR expense when that inmate is represented by counsel. Petitioner's opposition does not identify in what manner, if any, Petitioner can amend the petition to cure this defect. The demurrer ...

Excerpt: ...s to act pursuant to this section.” (Civ. Code § 2934a(d).) “‘Conclusive evidence' cannot be contradicted by any evidence to the contrary.” (Ram v. OneWest Bank (2015) 234 Cal.App.4th 1, 16.) Plaintiffs cannot state a cause of action for violation of Civil Code section 2923.5(a)(2). Plaintiffs admit that they had filed a prior action against Defendant Ocwen claiming that Ocwen had breached a Trial Payment Plan by failing to offer a perma...

Excerpt: ...C. to Provide Further Responses to Amended Requests for Admissions, Set One, and for Sanctions TENTATIVE RULING When a party upon whom written discovery is propounded serves responses raising objections which are too general or without merit, instead of providing substantive responses, the propounding party may, after informal attempts to resolve the disputes, move to compel further responses. C.C.P. §2030.300(a)(3) [interrogatories]; §2031.310...