Excerpt: ...NC. are granted. Plaintiff DOUGLAS STROBEL has been diagnosed with mesothelioma. JOANN STROBEL is DOUGLAS STROBEL's wife and sues Defendants for loss of consortium based upon the same underlying theories of liability relied upon by her husband. Plaintiffs' complaint alleges that Plaintiff developed mesothelioma as a result of his exposure to asbestos fibers found in cosmetic talc powder. Plaintiff frequently used Johnson's Baby Power (“JBP”) ...

Excerpt: ...pon the service of a set of requests for production of documents, the party targeted by those requests has 30 days to serve responses, and to produce responsive documents. C.C.P. §2031.260. However, that deadline can be extended by the propounding party, as long as the agreement to extend is “confirmed in a writing that specifies the extended date . . . .” C.C.P. §2031.270(a),(b). USRECH here extended in a writing BMO's deadline for respons...

Excerpt: ...S. REAL ESTATE CREDIT HOLDINGS III, LP (“USRECH”) are overruled, in their entireties. A cause of action based upon a breach of a contract accrues at the time the breach causes damage to the plaintiff. BAJI 10.85 [identifying damages caused by the breach as an element of a breach of contract action]; San Francisco Page 2 of 3 Unified School Dist. v. W.R. Grace & Co. (1995) 37 Cal.App.4th 1318, 1335 [“In California, no cause of action accrues...

Excerpt: ...e the administrative agency”]. C.C.P. §1094.5(e) provides an exception to this rule, authorizing the court to also consider relevant evidence which was either improperly 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. Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not ha...

Excerpt: ...ff, other than the attachment of the deed of trust, notice of default, notice of trustee's sale and trustee's deed. (FAC, Exhs. A‐D.) A complaint must allege “ultimate facts,” not merely conclusions. With respect to the first cause of action, the First Amended Complaint (“FAC”) fails to allege sufficient facts to state a violation of Civil Code §2923.5. Plaintiff's declaration recorded with the Notice of Default establishes compliance ...

Excerpt: ...INTAGE CONTRACTORS or of the facts rendering VINTAGE CONTRACTORS liable. Therefore, it is not clear from the complaint that the “relation back” doctrine would not apply or that the action would be barred by the two‐year statute of limitations of CCP Section 335.1, as Defendant contends. Allegations that Defendant PAZ had a load in his truck at the time of the collision are not sufficient in this regard. Nor are the standard boilerplate alle...

Excerpt: ... and recording of the three lis pendens. Defendant is an incorporated business engaged in the purchase and sale of real property. (Complaint, ¶ 3.) Plaintiff is an officer and director for the corporation. (Complaint, ¶ 1.) Plaintiff's lawsuit was filed December 4, 2018, and the lis pendens were filed and recorded December 5, 2018. At the time the complaint was filed, Defendant was in escrow for the sale of one of the properties which was the s...

Excerpt: ...he “lower” portion of St. John's Mine Road from Columbus Parkway which runs adjacent to parcels APN 182‐020‐070, 182‐020‐ 060 and 182‐020‐130 to the line of parcel 182‐010‐060 (i.e. from the first cattle guard to the second cattle guard) is a public roadway. (UMF No. 5.) The parties agree that the “lower” portion of St. John's Mine Road was made a public roadway by virtue of a 1938 express offer to dedicate a public roadwa...

Excerpt: ...le issue of material fact as to whether the medical treatment and advice provided to plaintiff ESTELLA PETERMAN by Defendant MOJADDIDI was below the standard of care for a health care provider and whether any such breach of the standard of care by MOJADDIDI was a substantial factor in causing ESTELLA PETERMAN injury. With regard to breach of the standard of care, Defendant submitted the declaration of his expert, Dr. Martin Bronk, in which Bronk ...

Excerpt: ...of privilege are inapplicable, the interrogatories are not duplicative of previous interrogatories and plaintiff's answers were unresponsive. Plaintiff has placed the existence of her disability in dispute by filing this suit and Defendant is entitled to engage in directed discovery related to her claim. Further, Defendant is entitled to discovery as to whether Plaintiff has mitigated her damages or whether she has been prevented from doing so du...

Excerpt: ...LFIN and MHHHS); and 3. Fraud (against SANTOS, TS GLOBAL, and MHHHS). Defendant DELFIN's demurrer to the first cause of action for breach of contract is sustained with leave to amend. Defendant DELFIN and MHHHS's demurrer to the second cause of action for common counts is denied. Defendant MHHHS's demurrer to the third cause of action for fraud is granted without leave to amend. Page 3 of 4 Breach of Contract The function of a demurrer is to eval...

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: ...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: ...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: ...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: ...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: ...inds that the settlement agreement is enforceable under CCP Section 664.6 because: (1) the terms of the agreement indicate that it is enforceable; (2) the agreement contains all of the material terms to which the parties agreed; and (3) the agreement does not require performance by a third party (such as KTS Professional Services, Inc.), as defendants contend. The court finds, however, that the amount of the stipulated judgment, $240,000.00, bear...

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: ...nowledging he had not made any efforts since his attorney was relieved on September 28, 2018. During the hearing, Mr. Clemons indicated he was not opposed to the dismissal of Defendant Daniel Tuning. Based upon the counsel's representation of an oral settlement agreement to dismiss Mr. Tuning, all material terms of which have been performed by Mr. Tuning, circumstantial evidence which supports such agreement, and Mr. Clemons' verbal agreement to ...

Excerpt: ...efendants. To the extent that Meyer Corporation asserts that it is a third party and not subject to the order compelling discovery matters to be resolved by the discovery referee, Meyer Corporation must establish an Page 3 of 9 agreement by Defendants to accept electronic service. Accordingly, the motion is denied without prejudice. Motion for Reconsideration Defendants' motion for reconsideration of this Court's order denying Defendants' prior m...

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: ....) Plaintiff has consistently alleged that Defendant Newell took the position that Plaintiff caused the damage to the vehicle after the sale and that her allegations against Defendant are limited “[t]o the extent that this Court determines that Plaintiff did in fact cause the damage on the Vehicle after the purchase”. (Complaint, ¶¶ 30, 102.) Although Plaintiff reordered her allegations to make her claims against Defendant the first and sec...