Excerpt: ...o Strike Punitive/Exemplary Allegations from Plaintiff's First Amended Complaint. Plaintiff Alexis Ocampo's first amended complaint for employment discrimination and retaliation alleges defendant Family Healthcare Network wrongfully terminated her employment on the basis of pregnancy, physical disability, and sex. As to the demurrer, defendant contends plaintiff's complaint fails to allege facts showing her termination was based on discrimination...

Excerpt: ...onfer to resolve these motions. No CourtCall is permitted. Re: Phelps v Life Insurance Company of North America Case No.: VCU276849 Date: March 9, 2020 Time: 8:30 A.M. Dept. 1-The Honorable Melinda Reed Motion: Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release Tentative Ruling: To deny Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release without prejudice. 1. Sufficiency of Sett...

Excerpt: ...tion for monetary relief against defendants Old West Export Inc. (Old West) and Frances Murillo is brought under the Perishable Agricultural Commodities Act (PACA). Here, plaintiff seeks summary adjudication of its third and fourth causes of action for enforcement of statutory trust and violation of PACA against Murillo. Plaintiff contends Murillo is personally liable for Old West's debt as a matter of law under PACA. Murillo opposes the motion a...

Excerpt: ... Center) seeks summary judgment or adjudication of plaintiff Lyla Mathew's first amended complaint for employment retaliation. Dialysis Center contends plaintiff cannot establish a prima facie case for retaliation because its offer of per diem employment was based on a legitimate, non-retaliatory reason. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law...

Excerpt: ...nge plaintiff James Martino's cause of action for fraudulent inducement. Defendant's demurrer to the claim alleged in plaintiff's previous complaint was sustained with leave to amend under the economic loss rule and the holding of Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979 (Robinson). Plaintiff's present fraud claim essentially remains unchanged from the original complaint with the exception of asserting the vehicle's alleg...

Excerpt: ...tion, defendant United Health Centers of the San Joaquin Valley seeks an order for binding arbitration based upon the arbitration policy contained in its employee handbook. In opposition, plaintiff Erma Dominquez contends there is insufficient evidence to show plaintiff consented to the terms of the arbitration policy and defendant has waived the right to compel arbitration. As to consent, a party can be compelled to submit to arbitration only wh...

Excerpt: ...served defendant Donaldson Company, Inc. Here, defendant seeks to quash service of process on the ground of lack of jurisdiction under Code of Civil Procedure section 418.10. In opposition, plaintiff concedes there are insufficient direct contacts for general jurisdiction. However, plaintiff argues special jurisdiction is established under Ray v. Alad Corp. (1977) 19 Cal.3d 22 (Ray) because sufficient minimum contacts are imputed to defendant bas...

Excerpt: ...th Settlement. Proof of service in the court's file indicates notice of the motion was adequate. Defendants/Cross- Complainants Monte Vista Lindsay, LLC, Century Developers, LLC, and Highlands Diversified, Inc. (collectively Century) have filed a notice of non-receipt of opposition to the motion. No other response to the motion has been filed. Here, Century seeks (1) an order that the settlement it reached with plaintiffs and subcontractor defend...

Excerpt: ...ent – concealment and a prayer for punitive damages. The new claims arise out of information plaintiff allegedly recently obtained suggesting that defendant General Motors LLC fraudulently induced her to purchase a 2012 GMC Terrain by failing to disclose the 2.4-liter engine was defective even though defendant allegedly knew about the defect for years. This motion was filed approximately five months after the original complaint was filed on Feb...

Excerpt: ...ion for declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing alleges defendant Everest Indemnity Insurance Company (Everest) and other insurers owe plaintiff a defense in an underlying construction defects litigation. Preliminarily, the parties' requests for judicial notice are granted; the court's rulings on plaintiff's and Everest's objections to the evidence and declarations are stated on th...

Excerpt: ... pursuant to Evidence Code sections 452(d) and 453. Defendant and cross-complainant KBDB Properties, LLC's (KBDB) cross-complaint for slander of title alleges defendant Gale Kuns recorded a grant deed in 2015 in which a life estate was reserved to Kuns. KBDB further alleges reservation of the life estate “was false and without privilege or justification and caused doubt to be cast on KBDB's title to the property[.]” On demurrer, Kuns contend ...

Excerpt: ...Inc.'s action for declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing alleges defendant Everest Indemnity Insurance Company (Everest) and other insurers owe plaintiff a defense in an underlying construction defects litigation. Preliminarily, the parties' requests for judicial notice are granted; the court's rulings on plaintiff's and Everest's objections to the evidence and declarations are st...

Excerpt: ...nt's demurrer contends plaintiff Phillip Ocaranza's complaint for medical negligence and wrongful death is time barred under the one-year statute of limitations pursuant to Code of Civil Procedure section 340.5; fails to state a proper cause of action for wrongful death; and is uncertain as to the relief requested by plaintiff individually and as successor-in-interest. Plaintiff concedes his complaint is defective on all grounds. However, plainti...

Excerpt: ... The problem is that defendant's motion is procedurally improper and fails to prove the exemption conclusively applies in this case. No motion to certify a class has been filed by plaintiff. Defendant has cited no authority for the motion to deny class certification. Defendant is precluded from seeking a demurrer or motion to strike portions of the complaint as an answer has been filed. Defendant's motion is improper as a motion for judgment on t...

Excerpt: ...aintiff Zurich American Insurance Company's (plaintiff) complaint alleges Sparta Insurance Company (Sparta) and others insured the general contractor, The Donald Lawrence Fulbright Company (Fulbright) for the residential development in the underlying action. Plaintiff also insured Fulbright and funded the settlement. Plaintiff ‘s complaint seeks equitable indemnity from the defendant insurance companies. Sparta requests summary judgment asserti...

Excerpt: ...lly transferred title to the property to a third party in breach of an agreement to sell to plaintiff. Plaintiff obtained judgment against the sellers in the prior action. In this case, plaintiff seeks to recover damages from other parties allegedly involved in the real estate transaction. The court has previously sustained demurrers, without leave to amend, as to three of the named defendants. The only remaining defendant, Matthew Rieder, (defen...

Excerpt: ...American Insurance Company's (Zurich) complaint against it is time-barred under the two-year limitations period provided for in Code of Civil Procedure section 339(l). TIG contends the complaint filed on September 26, 2018, was not timely because the underlying action was dismissed on August 19, 2016. In opposition, Zurich claims the limitations period began in October 2016, when it paid sums in the underlying lawsuit. A motion for judgment on th...

Excerpt: ... for fraud fails to state sufficient facts to support a cause of action against Banuelos individually. The court previously determined on demurrer plaintiff was barred by res judicata from suing Banuelos's principal, defendant DVP L.P., a limited partnership, in this action. In opposition to demurrer, plaintiff argues the allegations of the complaint are sufficient to show fraud. While that may be true as to DVP L.P., there is nothing to support ...

Excerpt: ...he basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. Plaintiffs represent the gross settlement amount of $1,300,00.00 is fair and reasonable for plaintiffs' class of 267 members. But, there is no estimate of the total value of their asserted wage and hour claims and the basis for the estimate. Plaintiffs' counsel's declaration describing a broad summary of his work ...

Excerpt: ...s not state a valid cause of action because plaintiff failed to obtain an order permitting a claim for conspiracy against defendant as required by Civil Code section 1714.10. In opposition, plaintiff argues the order is not required because a cause of action for conspiracy is not alleged, the elements of conspiracy are not set forth in the pleadings, and plaintiff does not seek damages for conspiracy. In Cortese v. Sherwood (2018) 26 Cal.App.5th ...

Excerpt: ...t is time-barred under the three-year limitations period for claims based on mistake pursuant to Code of Civil Procedure section 338. In particular, defendant contends plaintiffs' complaint filed on February 28, 2019, was not timely because plaintiffs were given notice of defendant's claim against them when they served with defendant's unlawful detainer action on February 27, 2016. In opposition, plaintiffs contend the limitations period began in...

Excerpt: ...nsel Tentative Rulings: (1) To overrule Defendants Chicago Title Company and Bertha Juarez's Demurrer to Plaintiff's Second Amended Complaint; (2) to grant Defendant Chicago Title Company's Motion to Strike Plaintiff's Second Amended Complaint as to Punitive Damages Allegations without leave to amend and to overrule Bertha Juarez's Motion to Strike Plaintiff's Second Amended Complaint as to Punitive Damages Allegations; and (3) to grant Plaintiff...

Excerpt: ...effery Burch Parlier, Co-Trustees of the Jeffery Burch Parlier and Deborah June Parlier 2007 Living Trust, Gregory Paul Westerling, and Cynthia A. Graves's (collectively plaintiffs) complaint for breach of the parties' real-estate sale contract asserts the complaint fails to state adequate causes of action. In particular, defendant argues plaintiffs have failed to show he breached the contract under the express terms of the parties' agreement. Fo...

Excerpt: ...Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff's Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing. On March 25, 2019, the court denied plaintiff Rosalio Vera's original motion for approval without prejudice. 1. Sufficiency of Amount of Settlement ($420,000) Upon further review...

Excerpt: ...p proceeding wherein Petitioner Oscar Estrada is seeking to obtain custody of his step-children Christopher Selix and Alexia Marie Selix after the death of their mother. He is opposed by the children's maternal grandparents, Oralia and Silvino Selix. They have subpoenaed employment records from a former employer of Mr. Estrada, Cardboard Box Company. He moves to quash the subpoena for employment records arguing the requests are overbroad and viol...