Excerpt: ...198); third cause of action for Failure To Provide Rest Periods (Cal. Lab. Code §§ 226.7 & H98); fourth cause of action for Failure To Furnish Accurate Itemized Wage Statements (Cal. Lab. Code § 226); fifth cause of action for Failure to Timely Pay Final Wages at Termination (Cal. Labor Code §§ 201- 203); sixth cause of action for Failure to Reimburse Expenses (Cal. Lab. Code § 2802); seventh cause of action for Unfair Competition (Cal. Bus...

Excerpt: ...f other insureds may be discoverable if relevant to the subject matter of the action or reasonably calculated to lead to admissible evidence. (See CCP § 2031.010(a); (Colonial Life & Accident Ins. Co. v. Sup.Ct. (Perry) (1982) 31 Cal. 3d 785, 790.) Discovery is allowable, for example, to clarify an ambiguity in a policy (see Carey-Canada, Inc. v. California Union Ins. Co. (D DC 1986) 118 FRD 242, 244—how “asbestosis” was interpreted in fil...

Excerpt: ...ht two continuances of the hearings and then failed to appear for the last hearing. Consequently, the court issued a bench warrant. Plaintiff currently has an enforceable lien on defendants' personal property pursuant to CCP §708.110(d). However, the lien expires on March 4, 2020. Plaintiff now moves to extend the lien by court order so as to avoid the alternative way to extend the lien through costly annual judgment debtor examinations. “[A]l...

Excerpt: ...foot retail building that Ms. Enkema leased to Mark and David Hoffman in 1994 which allowed the Hoffmans to operate Firecrest Market. In January 2009, after only 5 years on a 15-year lease, the parties apparently entered into a Lease Renewal Agreement that renewed the original lease for 10-years on substantially the same terms. On or about December 19, 2014, the parties allegedly entered into a Second Lease Renewal Agreement which purported to gr...

Excerpt: ...he cause of action brought against him.” Code of Civil Procedure section 428.10(b). This includes situations where a defendant claims another is at fault for the injuries alleged in the complaint and seeks equitable indemnity. See, American Motorcycle Ass'n v. Sup. Ct. (1978) 20 Cal.3d 578, 607; Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal.App.3d 1439, 1445. The defendant need only allege that the injury alleged in t...

Excerpt: ...iefing on only the issue of whether the court can decide on demurrer whether the Separation Agreement applies to the trust. Initial briefing shall be filed on or before November 8, 2019 and any responsive briefs shall be filed on or before November 21, 2019. Because the pleadings are not yet settled, the court will continue the trust petition hearing currently set for November 21, 2019 to January 2, 2020 at 2:30 p.m. in Department 18. DEMURRERS: ...

Excerpt: ... 1078 (“as long as a complaint consisting of a single cause of action contains any well-pleaded cause of action, a demurrer must be overruled even if a deficiently pleaded claim is lurking in that cause of action as well”). For example, if a party directs a general demurrer against a cause of action labelled “fraud” based on failure to state that cause of action, the demurrer will fail if the complaint sets forth a valid cause of action f...

Excerpt: ...to a contractual relationship with them. Generally, attorneys in California owe no duty of care to non-clients with whom they are not in privity. Borisoff v. Taylor & Faust (2004) 33 Cal.4th 523, 529. Plaintiffs argue that there is an attorney-client relationship with Taran but the agreements attached to the complaint all show that Taran signed only for Plaintiff Wholistic Investments, LLC (“Wholistic”) and that Wholistic was the only client....

Excerpt: ...mmon counts] are good against special as well as general demurrers.” (4 Witkin, Cal. Proc. 5th Plead § 553 (2008); see also, Moya v. Northrup (1970) 10 Cal.App.3d 276, 279: “A pleading which is sufficient as a common count is not generally subject to general demurrer or to special demurrer on the ground of uncertainty.”) Furthermore, special demurrers are impermissible in limited civil cases. (CCP §92(c).) Additionally, if the court did r...

Excerpt: ...tation; Fifth Cause of Action for Reformation of Contract; and Sixth Cause of Action for Violation of Bus. & Prof. Code section 17200 (Unfair Business Practices). Plaintiffs Michael Cantarutti and Carolyn Cantarutti (together “Plaintiffs”) allege Defendant State Farm and its agents have failed to pay money due and owing under a homeowners' insurance policy number 57-CV-B458-6, underinsured Plaintiffs' property, and failed to properly inspect ...

Excerpt: ...e court held that Plaintiffs/Cross-Defendants were the prevailing parties and “may file a timely Memorandum of Costs.” The Memorandum of Costs was timely filed and served by mail on May 17, 2019. Defendants/Cross-Complainants move to strike or tax certain elements of the costs on the ground that costs are either inappropriate in their amount or that they are not entitled to claim specific costs. Code of Civil Procedure section 1032, subdivisi...

Excerpt: ... and Plaintiff flatly refused to come get it, did not ask her family to get it, refused repeatedly to respond or make contact with Defendant, and made additional demands on Defendant. Defendant also argues that if this is based on oral contract the statute of limitations ran before Plaintiff filed the complaint. The elements of conversion are 1) plaintiff's ownership or right to possession of personal property; 2) interference with plaintiffs “...

Excerpt: ...he original complaint and its amendments allege an injury based upon defective roofing and water intrusion into Plaintiffs' residence. The proposed Third Amended Complaint alleges personal injury based upon a fall from a ladder and property damage based upon the removal of a tarp and other materials from the plaintiffs' roof. As the proposed new causes of action do not relate back to the original complaint, they are barred by the statute of limit...

Excerpt: ...eet Defendants' burden, or change the outcome of the motion. The Court notes that both sides establish all of their facts with the following exceptions: in fact 2, Defendants fail to establish that the Lease “requires” Plaintiffs to provide an addendum, or what the term fully means; in response to fact 4, Plaintiffs posit merely argument, not fact. Defendants fail to meet their burden because their position relies on a single asserted interpr...

Excerpt: ...ettlement and Plaintiff Counsel's application for an award of fees and litigation costs (“Final Fairness Hearing”) at which Class Members may be heard. The motion is GRANTED. The Final Fairness Hearing will be held on December 18, 2019 at 3:00 p.m. in Courtroom 17. Plaintiff shall file a motion for final approval by December 6, 2019. The total settlement is for $250,000.00, which can be broken down as follows: up to $83,333.33 as attorney's f...

Excerpt: ...ides that plaintiff will dismiss the action while the parties request the court retain jurisdiction to enter judgment under CCP §664.6 in the event defendant defaults on the settlement payments. That would have been the preferred course to vacating a judgment entered over six months ago, but as explained below, the court will exercise its equitable authority to vacate the judgment under the unique circumstances at bar. Six months has passed sinc...

Excerpt: ...ny judge or court unless made according to this section.” Here, plaintiff has failed to comply with CCP §1008(b), which states: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when ...

Excerpt: ...to the action…in any action in which the mental or physical condition…of that party or other person is in controversy in the action.” “The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown.” (CCP §2032.320(a).) “Generally, finding a condition ‘in controversy' poses no great difficulty. Allegations of physical or mental injury in the complaint and denial of the injury or...

Excerpt: ...� Breach of Implied Covenant of Good Faith and Fair Dealing While some of the allegations are based upon the same allegations as the breach of contract claim, the complaint also alleges that plaintiffs promptly reported their losses to CSAA which then spent months investigating, evaluation, and deciding on their claims. (FAC ¶48.) The claims are alleged to still be open without a final written denial or statement that no further payment would be...

Excerpt: ...xit” and “[i]nstead of properly stopping, the driver of the truck [i.e., Defendant] then blew a freight horn within close proximity to Plaintiff, causing immediate physical injury. (Complaint at ¶¶9-10.) Plaintiff filed the Complaint on March 18, 2019 and asserts causes of action against Defendant and Ferina Trucking Co. for negligence; negligent supervision/hiring; assault; battery; intentional infliction of emotional distress (IIED); and ...

Excerpt: ... beneficiaries of the Trust. Petitioner alleges Peter and Lydiaexertedundue influence over their mother and engaged in financial elder abuse. Specifically, she alleges the following causes of action: (1) recission and nullification of purported first amendment to trust; (2) constructive trust; (3) financial elder abuse; (4) demand for accounting by attorney-in-kind as to Peter S. Fanucchi; (5) <004b004c001e0003000b00 00470003004900520055[ a trust...

Excerpt: ...de of Civil Procedure section 438(c). When brought by a plaintiff, a motion for judgment on the pleadings must be based on the assertion “that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to <0003005200490003002600 00460048004700580055[e section 438(c)(1)(A). Otherwise, the rules governing demurrers basically apply. Cloud v. Northrop Grumman ...

Excerpt: ... (collectively, “the Mahrts”). The Mahrts then promised to rebuild the House, which Plaintiff had still been living in and leasing, and that they would continue to lease it to Plaintiff so he could live there. This allegedly lead him, in reliance on the promises, to provide services to Defendants related to the Premises valued at about $10,000, with the expectation that he could continue to live on the Premises. The Mahrts rebuilt the House b...

Excerpt: ... the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member companies. As part of a comprehensive tentative ruling, this c...

Excerpt: ... on the account and failed to make payments as they became due and owing. (Id. at 1-6, 11-15.) The last payment applied to the account was on or about November 12, 2015. (Id. at 7, 16.) Plaintiff filed the underlying complaint on November 18, 2018 and asserts common count causes of action for account stated and open book account. On November 2, 2018, Defendant filed an answer and asserted multiple affirmative defenses to Plaintiffs claims. This m...