Excerpt: ...D to May 18, 2022 at 3:00 p.m. in Department 18 for further ruling. Motion 1: Plaintiff's Motion to Compel Responses by Defendant Michael Hines to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion 2: Plaintiff's Motion to Compel Responses by Defendant James Mackenzie to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion...

Excerpt: ...nt, and that Plaintiffs, as the Successors in Interest of Decedent, Sylvia Bracamonte, did not attach to the FAC a declaration under penalty of perjury establishing their standing to bring the action on behalf of the decedent, as required by CCP § 377.32. Plaintiffs filed a “Response” to the Defendants' motions in which they request leave of Court to file a Second Amended Complaint “to address the issues raised in demurrer.” In their res...

Excerpt: ...lso, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43; see also, South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 7...

Excerpt: ... stated; quantum meruit; negligent misrepresentation; intentional misrepresentation; and violation of CCP § 8800 “prompt payment.” Defendants move to compel arbitration because the contract between the parties contains a provision that any dispute under the contract shall be resolved by arbitration. A party seeking to compel arbitration pursuant to CCP § 1281.2 must “plead and prove a prior demand for arbitration under the parties' arbitr...

Excerpt: ...r under submission, the Court adopted its previously published tentative ruling, explaining that Defendant met their prima facie burden of proving there was no triable issue of material fact as to causation, such that the burden shifted to Plaintiffs to establish such a triable issue of fact. Plaintiffs did not raise a triable issue regarding causation, thus the Court granted Defendant's motion based on the evidence provided which showed Defendan...

Excerpt: ...include Gloria Egger (“Egger”), Mickey Henderson (“Henderson”), and Mickey Henderson's two children. (Def. Buchman's Statement of Undisputed Facts (SUF), 1.) Prior to 2007, Egger and Henderson owned the partnership in equal 50 % shares. (SUF, 2.) Plaintiff hired Defendant, Robert Buchman, an attorney, in 2004 to provide legal services related to the Restated and Amended Partnership Agreement which was the Agreement that reflected the buyo...

Excerpt: ...nce with Rules of Court, Rule 3.1312. Analysis: In September of 2021, Plaintiff filed a motion to disqualify Defendants McCutchan, Sunderland and Sunderland/McCutchan LLP from representing Defendant Davis in the instant action due to Defendant McCutchan having previously represented both Plaintiff and Defendant Davis in their join action as plaintiffs in the following matter: Liebling v. Goodrich (SCV-245738). Plaintiff ‘s basis for the motion ...

Excerpt: ...causes of actions, namely fraud claims. Both Cross-Defendants, 601 Main Street, LLC and Angela DeCarli, filed “conditional non-oppositions” in which they explain that they do not oppose amendment (recognizing that denial is rarely justified), but taking issue with certain language and causes of action included in Cross- Complainant's proposed amendment, which was attached as an exhibit to his declaration in support of this motion. In his repl...

Excerpt: ...d Answers, both appearing defendants are actively participating in the proceedings and this Court does not have reason to believe they will not file amened answers on time. Furthermore, Defendant Darin Shropshire has filed a cross-complaint against Rory Dane Shropshire and Barnett Green Enterprises, LLC for equitable indemnity and contribution. Ownership of Defendant Toe Hold Land Company and the residential property located at 4767 Burnside Road...

Excerpt: ...est for Judicial Notice is GRANTED. Counsel for Defendants shall submit a written order to the Court that is consistent with the tentative ruling and in compliance with Rule of Court, Rule 3.1312. I. Underlying Facts Plaintiff Armando Bernal worked for Defendant Star Springs Ranch LLC (“Star Springs”) from 1986 until 2021, when his employment was terminated. Plaintiff was hired by Ellis Alden, the owner of Star Springs. Plaintiff alleges that...

Excerpt: ...esponded with a commensurate volume. However, the utility of this vast record remains elusive to the Court as presently configured. The Court therefore attempts to give some guidance to the parties how to focus their efforts in this regard. The Court also makes final determinations on some specific matters that it believes will facilitate that process. I. Request for Judicial Notice Plaintiff's initial request for judicial notice in support of he...

Excerpt: ... in good faith because much of the information alleged is available through public records. Most of Defendants' answers claim that they “lack sufficient information to admit or deny said allegations”; however, in their almost identical oppositions, Defendants do not explain why they would not be able to obtain sufficient information to admit or deny the allegations upon reasonable inquiry into the public records pertaining to the property in ...

Excerpt: ...r documents, that if plaintiff did not comply within 10 days of service of the order, the Court would consider issuing terminating sanctions. (See minutes from 9/15/21 hearing.) As reflected in that ruling, and the ruling the following week compelling the deposition of the plaintiff, the Court was aware at that time that the parties had stipulated to continue the trial date. Plaintiff concedes he received the Court's order to compel discovery res...

Excerpt: ...of dissolution of Plaintiff's marriage to Salvador Lozada awarded her, as her sole separate property, two residential properties. The order stated that Mr. Lozada “shall cooperate in signing any and all documents necessary to confirm the real property…to Wife as her sole and separate property, including any quitclaim deeds or other documentation.” No such document was recorded until December of 2020. Defendant Excel Realty Partners obtained...

Excerpt: ... her termination from employment. Plaintiff alleges that she was wrongfully terminated by Defendant for reporting multiple unlawful labor and employment practices, such as failure to provide accommodations for lactating employees; interference with employees' rights to take family or medical leave; using discriminatory questions in job applications and interviews; failing to implement adequate health and safety measures during the Covid-19 pandem...

Excerpt: ...tion in the FAC are barred by the statute of limitations. However, it is not apparent, for reasons stated below, that the Plaintiff is unable to plead the existence of a written contract, therefore leave to amend is appropriate. The Court notes that both the opposition and reply were untimely filed (presumably because counsel failed to account for January 17, 2022, being a court holiday). Plaintiff filed opposition only eight court days before th...

Excerpt: ...mpensation; 2. Failure to provide meal periods and pay meal period premiums; 3. Failure to authorize and permit rest period and pay rest period premiums; 4. Failure to timely pay wages during employment; 5. Failure to provide accurate itemized wage statements; 6. Failure to maintain accurate records; 7. Failure to reimburse necessary expenditures; 8. Failure to pay vacation time; 9. Failure to pay sick time; and 10. Failure to pay all wages upon ...

Excerpt: .... (“Defendant Stonecushion”) as a Cellar Hand. Following a jury trial in his criminal matter, Defendant Aguilera was convicted of one felony count of murder; one felony count of gross vehicular manslaughter while intoxicated; and one felony count of driving with a blood alcohol content of 0.08 percent or greater causing injury. The jury also found true several enhancement allegations, including that this was Defendant Aguilera's third driving...

Excerpt: ...he Court grants leave to amend within 20 days of the hearing except that Plaintiff shall not re-plead a cause of action for indemnification. Dwaine's Request for Judicial Notice of the following documents is GRANTED: Ex. “A-1”: Articles of Incorporation for Ace Insulation Inc., filed May 18, 2011; Exh. “A-2”: Articles of Incorporation for Ace Garage Doors & Fireplaces, Inc., filed December 6, 2013. Underlying Facts: This case presents a d...

Excerpt: ...lus-McLemore, Kenneth Carter, Jr. and B. Metellus, a minor, by and through the minor's Guardian ad Litem, Nadine Metellus (“Plaintiffs”) filed the complaint in this action against Defendants, Wesley J. Leckner, Above the Bay Real Estate, Robert J. Miller, Miller Laundis Trust, and Does 1 through 100 (“Defendants”) for several statutory and negligence claims arising out of a tenancy agreement between the parties. On May 5, 2021, all partie...

Excerpt: ...endant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award to which Plaintiff was entitled, failed to allocate any of the award for fees and costs to Plaintiff, and has refused to pay back to Plaintiff a credit which he owes Plaintiff. More specifically, he complains that although the plaintiffs obtained a judgment in their favor against the defendants, Defendants in this action failed to...

Excerpt: ...ion is GRANTED as to the first cause of action and as to the sixth cause of action to the extent that it is against SSU. Summary adjudication is DENIED as to the second, third, fourth, and fifth causes of action, as well as the sixth cause of action to the extent that it is against Defendant Colton. Underlying Facts: SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff was a full time employee of SSU. Plaintiff was in...

Excerpt: ... to compel non-party Heffernan Insurance Brokers (“Heffernan”) to produce documents and a person most knowledgeable pursuant to two subpoenas issued May 2021 (“Second Subpoena”) and August 2021 (“Third Subpoena”). The Motion is GRANTED in part and DENIED in part. I. The Subpoenas and Objections Plaintiffs have served three subpoenas to Heffernan. The first subpoena was served and responded to and is not relevant to the issues raised i...

Excerpt: ...gence; 2) fraud; and 3) unfair competition. The first and third causes of action have been dismissed by Plaintiff. This matter is on calendar for Defendants' demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(d) for defect of joinder of parties, as well as Defendants' motion to strike pursuant to CCP § 435 et seq. I. Legal Standards...

Excerpt: ...ion against Davis based on the existing allegations in the complaint. Defendant argues that the complaint must allege that the DOES were responsible for the acts complained of and argues there are insufficient allegations of such responsibility. Plaintiff opposes the demurrer, arguing the allegations in the complaint are sufficient as against Davis based on the agency allegations in the complaint. Defendant filed a reply on December 2, 2021, whic...