Excerpt: ...red in proving this matter. However, the fees appear reasonable in light of the services rendered before and at the time of trial, where a relatively simple dispute became costly and complex. Therefore, Plaintiff is awarded, and Defendant is ordered to pay, $188,286 in attorney's fees. ...

Excerpt: ...the case law interpreting the reference to “additional damage” in that section. (See, e.g. McNeill v. Bredberg (1961) 192 Cal.App.2d 458.) Plaintiffs are granted leave to amend in order to attempt to allege facts that might bring these items of damage within the scope of recoverability under the law. Plaintiff shall file their First Amended Complaint within 20 days. ...

Excerpt: ...endent abuse, not as stand-alone causes of action. None of the case law cited by Defendant holds that the types of allegations complained of should be stricken from a complaint like this one. Defendant further argues that Plaintiff has admitted that Defendant's staff was appropriately trained, so that allegations charging otherwise should be stricken. In fact, however, a review of the Complaint indicates that Plaintiff alleges that Defendant knew...

Excerpt: ... collision, whether the physical characteristics of the intersection exposed pedestrians to increased danger from third party negligence, whether the driver would have responded to any additional signage or warning devices such as flashing beacons, rumble strips, etc., and whether a driver striking a pedestrian at the intersection, be it due to sun glare, shadows, lack of warning signs and devices, or any combination of these and other factors di...

Excerpt: ...ourt made it plain in its February 27, 2020 Order that the prior iteration of this motion was denied without prejudice, and Defendant was granted a final opportunity to present the motion properly, which he has now done. Defendant has asserted that he was surprised by the default judgment against him in light of his discussions with Plaintiff's attorney, and the Court finds this contention sufficiently credible to warrant granting the motion. 2. ...

Excerpt: ...27, 435.) Here, Petitioners have demonstrated that the fact that they were 25 days late in filing their claim was the result of excusable neglect or mistake. Specifically, Petitioners' counsel stated in a Declaration that he originally met with Petitioners in late August, 2019. The Petitioners at that time said that they needed to think about how to proceed. Thereafter, counsel failed to ensure that Petitioners had retained other counsel or decid...

Excerpt: ...on to Compel Arbitration and Stay Action is GRANTED. Under the Federal Arbitration Act, “a heavy presumption weighs the scales in favor of arbitrability.” (O'Malley v. Wilshire Oil Co. (1963) 59 Cal.2d 482, 490-91.) The FAA preempts and invalidates all state laws and judicial decisions that disfavor arbitration, that single out arbitration provisions for higher scrutiny, or that are inconsistent with the purpose of the FAA and the U.S. Suprem...

Excerpt: ...f the Court. (Mansour v. Superior Court (1995) 38 Cal.App.4 th 1750, 1756.) While it would have been better practice for the City to have made it explicit that it was appearing specially, the Court cannot infer from the City's actions that it intended a general appearance. The City's assertion that Plaintiffs proffered their claim late, and that the City rejected their application for leave to present a late claim, is not well taken. First, Secti...

Excerpt: ...ctors that this Court take jurisdiction of the winding up of corporate affairs. Therefore, pursuant to section 1904 of the Corporations Code, this Court hereby takes jurisdiction over the voluntary winding up of the corporation's affairs. Pursuant to Code of Civil Procedure section 565, this Court will appoint a receiver to manage and complete the winding up of the corporation's affairs. By no later than March 3, 2020, the parties shall submit to...

Excerpt: ...y imposed by an administrative agency is a matter vested in the discretion of the agency and its decision may not be disturbed unless there has been a manifest abuse of discretion.” (Landau v Superior Court (1998) 81 Cal.App.4 th 191, 217.) Furthermore, “In reviewing the exercise of this discretion we bear in mind the principle ‘[c]ourts should let administrative boards and officers work out their problems with as little judicial interferen...

Excerpt: ...ent, as detailed in the Demurrer. Defendant also properly points out that the Complaint is uncertain and ambiguous, in that Plaintiffs' Complaint purports to allege causes of action under the FEHA, but the Right to Sue Notice they attached to their Complaint came from the Equal Employment Opportunity Commission. This suggests that Plaintiffs failed to exhaust their administrative remedies. The Self-Help Center offers free help to people who are r...

Excerpt: ...s not strictly limited to claims brought under the California Consumers Legal Remedies Act, as Plaintiff argues, it is not intended to apply to the type of claim alleged here. Therefore, the demurrer to this portion of Plaintiffs' First Amended Complaint is sustained without leave to amend. Accordingly, Defendant's Motion to Strike Portion of Plaintiffs' First Amended Complaint in GRANTED IN PART WITHOUT LEAVE TO AMEND AND DENIED IN PART. Those p...

Excerpt: ...k of timely service may ask the court to equitably estop the defendant from asserting the three-year service window. (Code Civ. Proc, § 583.140; see also Sanchez v. Superior Court (1988) 203 Cal.App.3d 1391, 1397 (Sanchez).) However, a plaintiff arguing estoppel has to show that some “act of [defendant's] prevented timely service.” (Lesko v. Superior Court (1982) 127 Cal.App.3d 476, 486 (Lesko).) Here, there is no such showing. Although ther...

Excerpt: ...e court also takes judicial notice of plaintiff's answer in the UD case. (Ibid.) The court's review of these documents indicate that some of the causes of action in the FAC are barred by the UD judgment. (See, e.g., Pacific Mutual Life Ins. Company of California v. McConnell (1955) 44 Cal.2d 715, 724–725 [“While different causes of action were involved in the present proceeding and [the previous related] one, the parties were the same, and it...

Excerpt: ...whether Defendant failed to reasonably accommodate Plaintiff's disability during the relevant time period preceding Plaintiff's termination, i.e. August 22, 2017 – August 30, 2017. Specifically, Plaintiff presents conflicting evidence with regard to whether Defendant bears at least some of the responsibility for the breakdown in the interactive process involved in Defendant's evaluation of Plaintiff's accommodation request during the relevant t...

Excerpt: ...f specific types of necessary medical care “many times each day for the entirety of decedent's care at defendants' facilities” during specified dates (FAC, ¶ 12), is adequately specific. Also, because it alleges staff failed to follow doctor's orders regarding skin breakdown despite knowledge of the harm posed to decedent, the first amended complaint pleads acts that could constitute actionable neglect of an elder. (Sababin v. Superior Court...

Excerpt: ...rcycle Club v. Western Title Guaranty Co. (1975) 47 Cal.App.3d 747, 754 [“ ‘Prescriptive rights are established only when the enjoyment thereof is adverse, continuous and under claim of legal right, and not by consent, permission or mere indulgence of the owner of the alleged servient estate.' ”]; O'Banion v. Borba (1948) 32 Cal.2d 145, 150 [“ ‘The question as to whether or not the use of a right of way has been adverse and under a clai...

Excerpt: ... qualify as managing agents. (White v. Ultramar, Inc. (1999) 21 Cal.4th 563, 573.) Here, the SAC alleges plaintiffs complained about decedent's care to “individuals who are believed to be charge nurses and/or nurses who were charged with the responsibility for overseeing the care and treatment provided to decedent reviewing and evaluating patient care policies and procedures, planning for improvement of medical care in the facility, and assurin...

Excerpt: ... Lind's motion described him, an industrial medicine doctor. However, Dr. Schwartz has presented evidence that she and Dr. Lind both practice “general medicine,” and as a physician she “has special knowledge, skill, experience, training, or education sufficient to qualify [her] as an expert on” (Evid. Code, § 720, subd. (a)) that topic. (See Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 970.) “Whether [her] knowledge in these areas w...

Excerpt: ...quately specific. Also, because it alleges staff failed to follow doctor's orders regarding skin breakdown despite knowledge of the harm posed to decedent, the first amended complaint pleads acts that could constitute actionable neglect of an elder. (Sababin v. Superior Court (2006) 144 Cal.App.4th 81, 90.) However, plaintiffs' references to decisions by unnamed “management” of defendant are insufficient to allege the type of ratification req...

Excerpt: ...Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division is, except as specifically provided in this section, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment. . .”].) Here, plaintiff argues Labor Code section 3601 cannot bar his claim for negligence ...

Excerpt: ...egations regarding service. The court declines defendant's invitation to revisit this issue, since the ground defendant asserts is the same that supported the motion the court partially granted on January 25, 2019, when the court vacated the default and ordered defendant to answer. The court declined to quash service of summons, as well, and will not entertain an untimely request to<0003008600030014001300 13001b000f0003[ subd. (a).) ...

Excerpt: ...ich may be resolved by summary judgment. (Ibid.) The evidence and inferences are in conflict in this case. Accordingly, the Court finds Defendant has failed to show there are no triable issues of fact. b) Plaintiff's Motion for Sanctions for Defendants' Refusal to Withdraw Frivolous Motion for Summary Judgment – HEARING REQUIRED. ...

Excerpt: ...s that Plaintiff has established a reasonable excuse for the delay in amending the complaint to substitute Nathan Conner and Tisa Conner for DOES 1 and 2. Accordingly, the demurrer is overruled. b) Defendant's Motion to Strike Portions of First Amended Complaint – GRANTED, without leave to amend. A defendant may challenge the adequacy of punitive damages allegations by a motion to strike. (PH II, Inc. v. Superior Court(1994) 33 Cal.App.4th 1680...

Excerpt: ...n interest in the affected real property, may apply at any time to the court to expunge the lis pendens. (Miller & Starr California Real Estate, 4th ed., § 10:154; Code of Civil Procedure, § 405.30.) The standard of proof for expungement of a lis pendens is that “the court shall order that the notice be expunged if the court finds that the claimant has not established by a preponderance of the evidence the probable validity of the real proper...