Excerpt: ...th, and twelfth causes of action. The demurrer is sustained without leave to amend as to the seventh, eighth, and eleventh causes of action. Second Cause of Action – Lack of Informed Consent Plaintiff alleges Dr. Smida failed to obtain her informed consent for the procedures performed. Defendants demur to this claim on the following grounds: (1) this cause of action is duplicative of the first cause of action for professional negligence; (2) th...

Excerpt: ...ly for the cost of his hand tools. Defendant contends it was not obligated to reimburse Plaintiff because California regulations provide an exception to the reimbursement rule if the employee's wages are at least two times the minimum wage. Plaintiff moves to compel further responses to special interrogatories in order to obtain: the identities and contact information of other technicians/mechanics of Defendant who earned less than $21 per hour; ...

Excerpt: ...otion was filed. Therefore, Defendants could have addressed the merits of the proposed amendments in their opposition but chose not to do so. The court notes that this case was filed in December 2017 and trial is not yet set. Based on the reply and the fact this case is in the relatively early stages, the court is satisfied that the motion for leave to file the FAC should be granted rather than requiring Plaintiffs to re-file this motion merely t...

Excerpt: ...int is unpersuasive. Although Fairfax involved medical malpractice and expert testimony as to the standard of care for doctors, in the instant case for professional negligence by a real estate agent, the complaint clearly puts at issue the standard of care applicable to real estate agents. It should have been no surprise to Arshi that Plaintiff disclosed an expert who would testify as to this standard of care. The court by its ruling does not add...

Excerpt: ...l misrepresentation; and (3) breach of implied covenant of good faith and fair dealing. Defendants' unopposed request for judicial notice is granted. The court notes that while the apparent stipulation attached as Exhibit B to Mr. Kawar's declaration may ultimately severely restrict Plaintiff's recovery, the court is bound by the allegations of the SAC and matters subject to judicial notice in deciding the demurrer and motion to strike. (Blank v....