Excerpt: ...nt alleges causes of action for conversion and breach of Fiduciary Duty and Duty of Loyalty. Foxworthy alleges that Plaintiff began work as an independent contractor for Foxworthy in March 2017. (Proposed Cross-Complaint [“XC”] ¶5.) Her agreement called for payment of $35 per hour. (XC ¶5.) Castiglione's duties included, but were not limited to, secretarial, payroll processing, calculating wages, coordination and facilitation of transaction...

Excerpt: ... sections 430.10, et seq. Cortright demurs to the seventh cause of action pursuant to Code of Civil Procedure sections 430.10, and 430.30 through 430.70. The Hotel Defendants also move to strike portions of the FAC related to punitive damages. The demurrers by the Hotel Defendants and Cortright to the seventh cause of action for violation of California Civil Code section 51.9 are SUSTAINED without leave to amend. The Hotel Defendants' demurrer to...

Excerpt: ...or judicial notice is granted as to exhibits A and D. The relevance of exhibits B and C is not clear. Additionally, information on websites is often subject to disputes and is inaccurate. The request as to exhibits B and C is denied. This action stems from the residency of Donna Githens at the skilled nursing facility Pine Ridge Care Center operated by San Rafael Operating Company, LP. Plaintiff Michael Potts is Ms. Githens' successor in interest...

Excerpt: ...nnie; and Carol. (Id. at ¶¶2-3.) Over the following years, a series of amendments were made to the trust, and settlor Robert Gong executed a corresponding will. (Id. at ¶¶3-9.) The 2016 version of the will purports to distribute three $500,000 gifts to Jodie, Connie, and Carol but leaves 90% of the balance of the estate to Teejay, and the remaining 10% to the Lowe grandchildren. (Id. at ¶10.) Jodie filed this petition on January 8, 2021 alle...

Excerpt: ...efendant Patrinellis arising out of Decedent's death, which was consolidated with the present action per order entered on December 2, 2020. Pursuant to a stipulation and order, Mother Plaintiff's first amended complaint and Father's second amended complaint were filed; they are substantively identical complaints (the “Complaints”). This matter is on calendar for Defendant Patrinellis's (“Defendant's”) demurrer to the Complaints as follows...

Excerpt: ... warranty of merchantability under the Act; 3) violation of section 1793.2 of the Act; and 4) fraudulent inducement- concealment (the “Complaint”). This matter is on calendar for Defendants' demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)). This matter is also on calendar for Defendants' motion to strike the prayer for punitive damages ...

Excerpt: ...er is SUSTAINED, with leave to amend. Defendant's motion to strike is GRANTED, with leave to amend. Plaintiff has twenty (20) days from the date of the hearing to file and serve a third amended complaint. Plaintiff shall file a declaration with any amended complaint, identifying all allegations that are deleted from and added to the previous pleading, and where, by page, paragraph, and line number, those deletions and additions are located. Addit...

Excerpt: ...entative Service Award of $10,000; (4) approving Class Counsel's request for an award of attorneys' fees in the amount of $286,412.50, and reimbursement of litigation costs of $3,088.63; (5) approving Plaintiffs request for payment of the settlement administration costs to Phoenix Settlement Administrators in the amount of $9,500; (6) approving Plaintiffs request for payment to the LWDA in the amount of $15,000; and (7) entering final judgment as...

Excerpt: ... breach of written agreement, breach of oral agreement, common counts, and promissory estoppel. This matter in on calendar for Plaintiffs' motion pursuant to Cal. Code Civ. Proc. (“CCP”) § 2025.450 to compel Defendant's deposition and for monetary sanctions. The Motion is GRANTED insofar as it seeks an order compelling Defendant's deposition and monetary sanctions but DENIED insofar as it seeks a future evidentiary sanction. Defendant's requ...

Excerpt: ...endant Mr. Mosblech to respond to his post-judgment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is accompanied by a proof of service and no opposition has been filed. The unopposed Motion is GRANTED as to Mr. Patterson and Mr. Mosblech and DENIED as to Daniel Patterson, Inc., and moreover, as a pro per, Judgment Creditor may only recover the $ 90 i...

Excerpt: ...elevant information because Alison has not had medical insurance through that provider since prior to the incident which is the subject of this lawsuit. They admit that Plaintiff has put some of her medical information at issue, including that related to her alleged injuries involving a brain injury and neck complaints, but argue that the subpoenas seek much more information than here at issue. The right of privacy protects a party's medical reco...

Excerpt: .... The Court will first address the motion to set aside. 1. Motion to Set Aside Default Defendants argue that the default filed against them is void because the County failed to exercise due diligence to personally serve Defendants or to serve them by substituted service at their residences. The County also failed to make an attempt to serve Defendants at their UPS Store private mailbox, by mail at their home address, or at addresses out of state....

Excerpt: ...ise to the level of a violation of a statute or rule as required in Labor Code section 1102.5; and 3) the cause of action for discharge in violation of public policy, asserting that it is not viable against a public entity. The motion for summary judgment and/or summary adjudication is moot in part, denied in part, and granted in part. The motion is moot as to summary judgment because plaintiff has added additional causes of action. The motion is...

Excerpt: ... for misusing the discovery process by destroying reports and documents in the possession of Farmers Insurance Agent Dayna Sibert. (2) Plaintiffs' three separate Code of Civil Procedure section 2031.310 motions seeking to compel Defendant Farmers Insurance Exchange (“FIE”) to fully comply with identified requests for the production of documents: a. Plaintiffs' Requests 1-2 and 7-12; b. Plaintiffs' Requests 1-3, 6-13 and 22; and c. Plaintiffs'...

Excerpt: ...ch of contract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; 4) fraud; and 5) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”) (the “Cross-Complaint”). This matter is on calendar for Signoretti's demurrer to the Cross-Complaint on the grounds that the causes of action do not state facts sufficient to constitute a case of action and/or are uncertain. The Demurrer is OVERRULED...

Excerpt: ... attorney Eikenberry, refused to do so and proceeded with their efforts to enforce the judgment against Plaintiff's interest in the property. In opposition to the motion, Defendant points out that on February 24, 2021, Defendant filed a Notice of Appeal in this action, which is pending before the First District Court of Appeal (Case # A162277). Specifically, the appeal challenges the trial court's ruling to grant Plaintiff's request for a prelimi...

Excerpt: ... and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. Plaintiff moves the Court for leave to file a first amended complaint (“FAC”) in order to add two new causes of action, the new 6 th and 7 th causes of action for discharge without due process and discharge without due cause. She asserts that during this litigation she discovered that Defendant has no evidence tha...

Excerpt: ...he case arises from Plaintiff's allegations that Defendant “failed to treat plaintiff within the standard of care required of California licensed dentists.” (Complaint at PLD-PI-001(2).) Specifically, Plaintiff alleges that “[o]n or about May 22, 2017 through June 14, 2017, defendant Field treated plaintiff for repair/replacement of crowns (implant crowns) on teeth Nos. 19 and 20.” [citation]. “Both crowns began to be loose and painful....

Excerpt: ...des that to the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court may impose the sanctions listed in the statute against anyone engaging in conduct that is a misuse of the discovery process. The conduct that is the basis of this motion is Plaintiff's counsel's failure to pay court ordered sanctions. On December 18, 2020, this Court entered an order granting Defendant's motio...

Excerpt: ...s warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendant HMA); 2) breach of implied warranty under the Act (against Defendant HMA); 3) fraudulent inducement-concealment (against Defendant HMA); and 4) negligent repair (against Defendant Manly) (the “Complaint”). This matter is on calendar for Defendants' motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”...

Excerpt: ...operty”) , but that after Plaintiff performed Defendants refused to pay. It seeks to collect the money owed. Defendant Kobus ultimately filed a cross-complaint as First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred failing to perform its full scope of work on the Project and performing substandard construction. As a result, he complai...

Excerpt: ...d it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Judgment Creditor's motion to compel each of the Defendants to respond to his post-judgment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is accompanied by a proof of service establishing service on each of the Defendants and no opposition ha...

Excerpt: ...d for monetary sanctions. The Motion is accompanied by a proof of service establishing service on Defendant and no opposition has been filed. The unopposed Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $ 90 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. Cal. Code Civ. Proc. (“CCP”) §§ 708.0...

Excerpt: ...trative record, and in the exercise of its independent judgment, the Petition is DENIED. The weight of evidence supports the DMV's September 10, 2020 decision to re- impose the one-year suspension of Petitioner's driving privileges. Additionally, Petitioner has not met her burden to show the DMV exceeded its constitutional or statutory authority; that DMV conducted the case in an “arbitrary or capricious” manner; or that DMV's decision was ba...

Excerpt: ...quested by the Defendants. Nonetheless, defense counsel appeared but failed to advise counsel for the opposing party of the requested appearance. At the hearing, defense counsel made the Court aware that Plaintiffs had filed a First Amended Complaint (“FAC”). The FAC had not been entered into the Court's system by the time of the hearing. However, it is now clear that Plaintiffs filed the FAC on April 1—the day before the hearing. The Court...