Excerpt: ...mpton College Dis trict, 127 Cal.App.4th 954/962-963. Govt Code section 45264 establishes that Plaintiff is a classified employee of the District, even though her work is supervised by the Commission. Plaintiff's descriptions of her employment are consistent with the des cription of a classified District employee who worked as a Commission staff member. Her allegations qualify for inclusion under the continuing violation doctrine. Defendant doe...

Excerpt: ....220 or is unable to do so as provided by CCP 2031.230. the one exception is that in response to a particular request, Honda's further response may also set forth any privilege objections provided that a privilege log accompanies its further responses. Donlen, Doppe s and Santana allow the type of discovery being sought by Plaintiff. The language of the particular RFP's from the first set of discovery is not the same as the language in RFP's 1 a...

Excerpt: ...aningful efforts to meet and confer with GM before filing this motion. GM's objections will be almost universally overruled, and did not justify the failure to appear for the deposition on 11/29/23. Plaintiff's meet and confer letter is detailed and adequately addresses the objections raised by GM. While GM offered to produce a PMQ with strictly imposed limitations on subject matter and document production, it failed to provide any dates for such...

Excerpt: ...motions and ex parte applications to regulate discovery. The Court was an eye witness to the pre-trial disputes as well as the trial itself. There is nothing about the costs being claimed which appear unnecessary or unreasonable. The Court offers the following: there is nothing which requires that a deposed party or witness testify at trial to justify taking the deposition; the cost of exhibits (and enlargements) was necessary to properly demonst...

Excerpt: ..., 51 Cal.App.4th 1513. Additionally, Defendant correctly points out that Plaintiff failed to meet and confer before filing this motion. However, under the circumstances presented in the moving papers and Defendant's opposition, the Court concludes that further meet and confer efforts after service of Defendant's first Supplemental Responses to the RFA's would have been fruitless, as the parties' positions are quite firm. Accordingly, Defendant's ...

Excerpt: ...ificity facts which amount to more than medical negligence. Sustain demurrer to the 3rd cause of action (Elder Abuse —Gino Lancelot-b) with leave to amend as to defendants Adventist Health So. California Medical Foundation, Adventist Health Physicians Network and Adventist Health Foundation. "Plaintiffs cannot bring a claim for neglect under the Elder Abuse Act unless the defendant health care provider has a caretaking or custodial relationship...

Excerpt: ...e. (2) Local Rule 8.10A assumes a joint request for an informal discovery conference. There has been no such joint request here. (3) The Opposition was one day late. No prejudice is apparent. The Court considers the opposition. The motion is granted. Defendants are ordered to provide verified, code compliant Further responses without objection to interrogatories 14.1, 15.1 and 17.1 and special interrogatories 5-8, 13, 14, 17, 34-37, 4147 and 49 w...

Excerpt: ...gligence. All of these causes of action are based on a claim that the apartment she was renting had a variety of habitability issues including waterproofing, electrical problems and mold. These same conditions were alleged as affirmative defenses in an unlawful detained filed by Prime Peninsula (the defendant in this action) in this court as case 56-2022-565942. That action went to trial as was resolved in favor of Prime Peninsula. This included ...

Excerpt: ..., 13, 15, 16, 22, 28, 29, 31, 32, 38, 44, 45, 47, and 48 are disputed and not established. Plaintiff's AUMF's 1-21 are undisputed and established. GLM admits it keeps no record/reports of the maintenance they complete at LMD 39, or any record of sprinkler schedules or settings. Plaintiff cannot be expected to have records that do not exist. Weather data for Oxnard shows that in January of 2020 there was a total of .25 inches of rainfall in the 24...

Excerpt: ...theories he is alleging. Unlike many summary judgment motions, the issue is one of law as opposed to one of fat. There is no dispute that Calvin Lin paid Ray Bowen a total of $11,288.50 for attorneys fees in connection with Bowen's efforts to secure reimbursement for the damage to the Lin's office suite caused by non-party (to this action) Lau. There is no dispute that Calvin's mother, Yvonne Lin, reimbursed her son for these payments. Bowen argu...

Excerpt: ...se at 22 Cal.App.5th 1198 discusses inverse condemnation as a remedy at some length. Private property may be taken or damaged by a public entity only when the owner is paid just compensation pursuant to secton 19 of the California constitution. As applied, however, this excludes damage caused by law enforcement, and includes circumstances involving public works and/or eminent domain. Other than those circumstances, a citizen's remedy is in tort. ...

Excerpt: ...tient was expecting a laparoscopic procedure. The demurrers for duplication are each and all overruled. All causes of action arise from medical treatment, but the theories of recovery are different. The demurrer to the second cause of acton for fraud is overruled. The intent element of fraud in inducing plaintiffs reliance can be found in the allegation that Dr. Aimaq 'knew that plaintiff was relying on his advice". The demurrer to the third caus...

Excerpt: ...mages. The ultimate conclusion is that there was not sufficient compliance, and the motion for summary judgment should be granted. This is an action for medical malpractice against the Ventura County Medical Center and its physicians. Plaintiff's attorney sent two items to the Hospital which he contends qualify as substantial compliance with the claims requirement. The first was a request for medical records. The second was a CCP 364 notice of In...

Excerpt: ...den is to show that Plaintiff dæs not possess, and cannot reasonably obtain evidence to establish the element of causation. See Aguilar v. Atlantic Richfield, 25 Cal.4th 826, 854. Garcia does not establish that Plaintiff "cannot reasonably obtain" such evidence. The moton is granted as to the second cause of action for products liabil-ty. Garcia is not in the business of manufacturing, distributing, or selling products. Plaintiff's evidence is i...

Excerpt: ... the home was in need of significant repair and improvement. Plaintiff was concerned that if the relationship fizzled, he would not be compensated for his labor in renovating the home. Defendant says that she will make him a co-owner to protect his interest in his labor. She does, and Plaintiff sends her an itemized statement for his labor in the amount of $401,000.00. The relationship fails, and Plaintiff wants his one-half interest in the home....

Excerpt: ... evidence cited by Ironshore. "Under Privette, when an employee of an independent contractor is injured while performing inherently dangerous work, and is subject to workers' compensation coverage, the employee cannot sue the person who hired the contractor to recover damages for the same injuries that were compensable under workers' compensation." Horne v. Ahern Rentals, 50 Cal.App.5th 192/195. "The liability of the contractor, who is primarily ...

Excerpt: ...ntiffs as class representatives; 3) preliminarily appointing Jonathan Melmed, Kyle Smith, and Joanne Kim of Melmed Law Group P.C. as class counsel; 4) preliminarily approving the settlement as fair, adequate, and reasonable; 5) preliminarily approving payment of reasonable attorneys' fees in an amount not to exceed one-third of the Gross Settlement Amount (i.e., up to $116,666.67), plus necessary litigation costs not to exceed $15,000; 6) prelimi...

Excerpt: ...t Company, LLC, JBR Development Co., and JBR Company, Inc. This needs to be tightened up. What entities are being sued? Other than alleging that Defendant Rosenberg resides and does business in Ventura County, and lumping Rosenberg in with other "Rasmussen Defendants", there are no ultimate facts indicating who he is; what relationship, if any, he has to other Rosenberg defendants in general or JBR Development and JBR Management in particular; no...

Excerpt: ...10/05/2022 Plaintiff moves for summary adjudication of his second cause of action (declaratory relief), third cause of action(promissory estoppel), and fourth cause of action (equitable estoppel), The tentative ruling is to deny as to each. Second cause of action ‐ declaratory relief operates prospectively, and may not be used to address past wrongs. Plaintiff had a fully matured cause of action for monetary damages at the time his contract was...

Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...

Excerpt: ...murrer. The defendant can determinewhat they are being sued for. That's good enough. Sustain with leave to amend the general demurrer to the fist cause of action for misappropriation of computer dataonthe ground that Plaintiff fails to allege facts indicating that Defendants' alleged accessing of data was "without permission" (See Penal Code section 502(c)(1)). Sustain with leave to amend the general demurrer to the second cause of action for int...

Excerpt: ...22 Petition for Order Approving Second and Final Account and Report of Conservator; Petition for OrderApproving Attorney and Conservator Fees; Petition for Final Distribution of Funds to Intestate Beneficiaries ***** The Court notes the following deficiencies with the Second and Final account. Conservator to explain the following unusual items in a supplement. ‐ Why is the current fair market value so low compared to carry value of the brokerag...

Excerpt: ...First Amended Complaint. Overrule demurrer to the first cause of action based on uncertainty. Such demurrers are disfavored. Defendant candetermine what they are being sued for, and that's good enough. Overrule the demurrer based on sham pleading. The differences between the two pleadings here are not such that theFAC seeks to contradict harmful admissions in the original complaint. Correcting or modifying earlier allegations doesnot amount ot a ...

Excerpt: ...y Motions. Special Interrogatories ‐ Defendant to provide further answer to special interrogatories 12, 13, 18, 19, 20, 21 and26. The scope of interrogatories is broader than a deposition. Interrogatories require information within the knowledgeof the party, his attorney and his investigators subject to a valid claim of privilege. Objecting that no further answer is req'dbecause a deposition has been taken ignores this fundamental difference. C...

Excerpt: ... demurrer of LC Engineering Group is overruled as to the second cause of action for intentional misrepresentation, the third cause of action for negligent misrepresentation, and the fourth cause of action for Fraudulent concealment onthe grounds that (a) although a mere breach of contract cannot constitute a claim for fraud, where misrepresentationsand concealments relating to the contract otherwise satisfy the elements of a fraud claim, such a c...

Excerpt: ... The Court observes that transcripts from proceedings in Los Angeles County are of no use with one exception. Theydemonstrate how frustrated and impatient other trial judges get with these repetitive discovery motions in LemonLawcases that never change. That is, the same issues get relitigated again and again with the same tiresome argumentsand boilerplate objections. The separate statement in this case is 136 pages long. Who ever thought that a ...

Excerpt: ...of this motion only, UMF's 1,2 and 7 are undisputed and established. UMF's3,4,5,6,8,9,10,12,13,14,15,16 and 17 are disputed and not established. UMF 11 is moot. Defendants RJN is granted. Plaintiff's evidentiary objections to the Lewin and Marina Reingold declarations are sustained in their entirety. Theobjections to the Leon Reingold declaration are sustained except to objection 15. Objections to the Barry Schehr declaration are overruled. Objec...

Excerpt: .../18/2022 A few preliminary observations: (1) The size of the settlement does not drive the allowable attorneys fees. Feeprovisions are often crafted to encourage lawyers to take meritorious cases even though the potential recoveryismodest; (2) Time in practice is not necessarily an accurate barometer of an attorney's skill level. Some attorneys donot improve with time. Others pick it up very quickly; (3) The local legal market and the trial judge...

Excerpt: ...ss complaint of Mark alleging that they have a liability to Mr. Sims based on their acceptance of funds from Reno Rolle which Simscontends were unlawfully used to pay his Amex bill and his residential mortgage. Sims has alleged that Amex andSelect both had "knowledge" of the tainted character of the funds when they accepted them from Rolle. The tentative ruling is yo sustain both demurrers with leave to amend. A demurrer accepts as true all well ...

Excerpt: ...ng. The moving papers establish that Mr. Papetti is over 70, andsuffers from metastatic lung cancer that will kill him in a matter of months. The Court has little discretioniscircumstances such as this. The Court's intention is to set the case at the outer edge of the 120 day window, but alsotomake case management orders to control discovery such that no one's due process rights get trampled on. Is this goingto keep people busy? Yes, but sometime...

Excerpt: ...ntiff argues that intentional conduct automatically allows a prayer for punitive damages. This is incorrect. Punitivedamages require a pleading of conduct that is malicious, oppressive, or fraudulent. That is not present here. What ispresent is an employment dispute, but the conduct attributed to Thacher is not of a quality that equals malicious, oppressive or fraudulent. ...

Excerpt: ... complex and its management company for damages resulting from a personal injuryresulting from00000 trip and fall. The management company (Sares) has cross‐complained against the apartment complex (The Knolls) for implied indemnity, express indemnity contribution, declaratory relief and the duty to defend. The apartment complex demurrers. The demurrers for uncertainty are overruled. This is a disfavored ground for a demurrer. The cross‐compla...

Excerpt: ...re. Alter ego ‐ Paragraphs 9‐11 allege alter ego so as to include defendant Brodsly as an individually responsible personfor the termination of plaintiff Stephen Walsh. These alter ego allegations are insufficient. See Rutherford v. PlazaDel Rey at 223 Cal.App.4th 221, 235. There it was sufficient to allege that defendant Caswell dominated and controlleddefendant PDR; that there was a unity of ownership and interest; that PDR was a mere shell...

Excerpt: ...compel further response. The interrogatories in question ask for the location of video cameras. Nowplaintiff wants video footage. They are two very different things. . Defendant has provided footage of plaintiff's fall. Theneed for additional footage is not adequately explained. Moreover, the request is not tailored to the area where plaintiff fell (or where she says she had been before her injury). Defendant makes a valid objection of proprietar...

Excerpt: ...cause "reasonable" conduct is typically a contested issue of fact, and one which cannot be resolved on affidavits. Here, defendant sustains its initial burden with the declaration of Robert Griswold who states that "industry standards" allow for a parking bumper to be located between two parking slots. Plaintiff, however, rebuts this with the declarationof its expert, Mark Burns, who offers ASTM standard 1367‐10, section 9.4 stating that the bu...

Excerpt: ...basisfor declining to enforce it. The provisions are satisfactory. It is a contract of adhesion. That does not mean, however, that it should be disregarded. It provides for discovery and judicial review of any award. There is no evidence of defendant being a "repeat player" with ADR. The is no credible evidence of waiver from the circumstances presented. This casewas filed on 10/25/21. The motion to compel arbitration was filed December 6th. That...

Excerpt: ...nd cause of actionfor specific performance, the third cause of action for an accounting, and the fourth cause of action for breach of contract. It is sustained with leave to amend as to the fifth cause of action for breach of a fiduciary duty. The motion to strikeisdenied. This is a demurrer. It is a pleading challenge, and the Court is limited in its examination to the allegations within thefour corners of the complaint. It does not matter that ...

Excerpt: ...nts Sherwood Development and Sherwood Valley HOA's request for judicial notice is granted. (Evidence Codesection 452 (d)). Judicial notice is taken of Defendants; Exhibits A and B. The motion for Judgment on the Pleadings is granted in part. The motion is granted without leave to amend as tothefirst cause of action for prescriptive easement, the second cause of action for preliminary and permanent injunctionanddamages (prescriptive easements) and...

Excerpt: ...that moving defendants did not own the subject area, and Plaintiff does not allege that theypossessed or controlled the area (see FAC, paragraphs 5‐8). Plaintiff asserts that defendants owed a legal dutytomaintain in a reasonably safe condition the brick area adjacent to their property, pursuant to the City's Municipal Codesection 7‐3.19 as well as the Streets and Highway Code. Plaintiff does not cite to a specific provision of the Streets an...

Excerpt: ... is a dog bite case wherein a dog owned by a tenant bit the plaintiff/mailman. A landlord's liability requires that thelandlord have actual knowledge of the vicious propensity of a tenant's dog before the landlord can be held responsible. Defendants Marlynn and Lamar Bushnell have denied having any such actual knowledge. That denial is sufficient toshift the burden to the plaintiff to demonstrate a triable issue as to that fact. Plaintiff argues ...

Excerpt: ...murrer, 09/07/2021 stolo Demurrer by City to Plaintiff's Complaint. Sustain without leave the demurrers to the 2nd and 3rd causes of action (trespass and Negligence). Plaintiff alleges that his injury was caused by the conduct of public employees. Government Code 840 says that such employees are immune from liability. If they are, so is the City. This is counter‐intuitive, but is supported by Longfellow v. County of SLO, 144 Cal.App.3d 379. Ove...

Excerpt: ...tolo Kia Demurrers to the third and sixth causes of action in Plaintiff's First Amended Complaint. The demurrers are overruled. Plaintiff has sufficiently amended his complaint to get past a demurrer. Kia demurs to the third (Civil Code section 1793.2(a)(3)) and sixth (fraud) causes of action based on the applicable statutes of limitation. Plaintiff alleges with reasonable specificity facts indicating that he (a) did not discover the subject engi...

Excerpt: ...rruled. This is a disfavored ground for demurrer, and is better addressed by he demurrers to the specific causes of action based on failure to state a cause of action. The first cause of action is for violation of the Consumers Legal Remedies Act. The tentative is to sustain this demurrer without leave to amend. Plaintiff fails to allege facts indicating that Affordable Collision Center violated the listed subsections of Civil Code section 1770(a...

Excerpt: ...ton demurrers to the cross‐complaint of Port 121. 1st C/A (equitable implied indemnity) ‐ Sustain with leave to amend. Port 121 has not alleged any facts showing what DR Horton did. The allegation that Horton had a duty to create a "negligent free easement" is borderline nonsensical ("negligence" is conduct, what is a "negligent free easement), and does not inform Horton what conduct is alleged to be negligent. 2nd C/A (apportionment and cont...

Excerpt: ...f their third cause of action for establishment of an equitable mortgage against defendants River Range and William Rheinschild. Plaintiff's complaint asserts the third cause of action against River Ridge and Does 21‐30. As such, the request for summary adjudication against Rheinschild is denied. Plaintiffs have established the necessary elements of an equitable mortgage which shifts the burden to River Range. River Range establishes that it ha...

Excerpt: ...on is for breach of contract. In an action for breach of contract, a party must plead the existence of a contract, his/her performance, the defendant's breach, and damages. Here, Plaintiff has alleged an offer in the form of a Preliminary Estimate, and acceptance in the form of the deposit check from the defendant. That is enough to allege a contract. Defendant's arguments go well beyond the allegations of the complaint, e.g. four estimates, the ...

Excerpt: ... were not parties to the contract as attached to the complaint. Use of the plural "defendants" does not create an individual liability. Directors and officers are not personally liable on contracts signed by them on behalf of a corporation unless there is a demonstrated intent to bind themselves personally. The 3rd cause of action is for unjust enrichment which the 2nd district/division 6 recognizes as a stand alone cause of action (some other di...

Excerpt: ...ch of fiduciary duty), 3rd c/a (B & P 6148), 4th c/a (concealment), and 8th c/a (unfair business practices). Sustain w/o leave as to 5th c/a (restitution, 6th c/a/ (declaratory relief), and 7th c/a/ (unjust enrichment). There are plenty of allegations sufficient to support 1st, 2nd, 3rd, 4th, and 8th causes of action. This is a demurrer, and allegations control. What plaintiff can prove at trial is something else entirely. The restitution c/a see...

Excerpt: ...stolo Defendant demurrers to Plaintiff's First Amended Complaint. The demurrer for uncertainty is overruled. Demurrers for uncertainty are disfavored. The targeted causes of action are not so unintelligible that ACC does not know what they are being sued for. That is good enough to get past uncertainty, but not so the demurrers focused on specific causes of action. 4th cause of action for breach of contract and 5th cause of action for breach of i...

Excerpt: ...ompel, 10/26/2020 stolo These are preliminary thoughts. My workup is a work in progress. A RFA is not a discovery device in the same sense as an interrogatory or a RFP. The remedy by the aggrieved party is ultimately proving the stated matter at trial, and then asking for fees for having to go to the bother of having to prove what should have been admitted. The objection to admitting the authenticity of the policy seems foolish. Is there really a...

Excerpt: ...n ‐ Other, 11/24/2021 stolo Grant as to IN 120 (as explained). Deny as to 121, 122, 123, 124, 125 and 126. 120 asks about parties to prior slips and falls. Third party privacy is not absolute. Litigation discovery is a relevant and significant factor. The Court tentatively orders defendant to send notice to those prior claimants that their identity is being sought in presently pending litigation, and will be provided unless they object in writi...

Excerpt: ... FILED: Motion to Compel, 11/24/2020 stolo Grant as to interrogatory 71 (Caltrans admits that they did not answer this). Deny as to 8,9, 53, 55‐58 and 60 ‐ Caltrans states that it does not control, own or maintain Balcom Canyon Road. If plaintiff had asked about SR 118, the perspective is changed entirely. Deny at to 130‐132 ‐ Same analysis. Deny. Deny as to 122‐124, 126‐128, 134‐136, and 138‐140. These interrogatories are duplica...

Excerpt: ...nt the City's initial request for judicial notice. Grant plaintiff's RJN of the existence of the documents, but not the truth of their content. Grant City's reply request for JN. All UMF's except 5 and 57 are established. Grant motion. City has met its burden of producing evidence showing that Henderson was not its employee and was not engaged in City business at the time of the accident. Plaintiff has offered no evidence that would create a tria...

Excerpt: ...nt from a breast reduction. Alleging that some breast tissue was removed does not change that. Pl alleges that she was a 34DD before and after the procedure. It is a question of fact as to the nature of the surgery which was done. The 3rd c/a is for battery. Duplication is not a grounds for demurrer. See Blickman v. MF Downtown, 162 CFal.App.4th 858, 890. The 4th and 5th C/a are for IIED and NIED. What is "outrageous" conduct is best left for the...

Excerpt: ...gment is denied as is explained below. It does not dispose of the entire complaint. All requests for judicial notice are granted, although only court orders and judgments can be noticed for the truth of their contents. Plaintiff's evidentiary objections are overruled. Documents cannot be filed under seal by stipulation per CRC 2.551(a). Defendants motion for SAI as to issues 3 and 4 is deemed moot in view of plaintiff's statement in his o...

Excerpt: ...fendant Helena Horak's motion for summary judgment. Motion denied. The declaration of Dr. Vilke satisfies Horak's burden as to both standard of care, and causation. The declaration of DFr. Goldwebber, as submitted by the plaintiff, is sufficient to establish triable issues of fact as to both of those elements. There is some confusion in the physician's notes which Dr. Goldwebber highlights. At 12:03 there is a note stating that sympto...

Excerpt: ...r uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states ...

Excerpt: ...5/2018 stolo Deny MSJ and MSA. When Micheal Rudney was transferred from Defendant Simi Valley Care Center to Simi Valley Hospital, SVCC (and its director, defendant Dr. Lauritzen) admit that they did not maintain a bed for Mr. Rudney. Defenddants concede that they violated the seven‐day bed hold that is afforded to patients at skilled nursing facilities. (UMF 10). Defendants cite no law that would allow them to discharge Rudney simply because o...

Excerpt: ...otion ‐ Other, 07/27/2018 stolo Motion for terminating, issue and monetary sanctions. No opposition filed as of 8/31. Motion granted in part, and denied in part. Discovery sanctions are generally imposed on a graduated basis. As such, it is too early to jump to terminating or issue sanctions. The motion should be granted to the extent of requiring further deposition of the Hospital's PMK on Topic of Inquiry No. 6 and the production of docum...

Excerpt: ...ontract. Plaintiff alleges various bad acts and broken promises on the part of the defendant, but never specifically pleads what their agreement was. What was plaintiff obligated to do? Overrule as to the other causes of action. Grant MTS as to attorney fees, deny as to punitive damages. Plaintiff's fraud cause of action survives demurrer, and is sufficient to support a prayer for punitive damages. Twenty days leave to amend. ...

Excerpt: ... motion for fees and costs is denied. The Court finds that the anti‐SLAPP motion was not frivolous, or solely intended to cause unnecessary delay. Although ultimately unsuccessful, Defendant's motion was supported by legal argument and citations to legal authority. The fact that this Court and the Court of Appeals subsequently disagreed with Defendants' arguments and distinguished this case from Hailstone does not demonstrate that the m...

Excerpt: ... showing oppressive conduct. No allegations of corporate ratification. Allegations are those of negligence or perhaps gross negligence, but this is insufficient for punitive damages. If something turns up in discovery, plaintiff can move to amend to allege punitive damages. ...

Excerpt: ...nfer argument is not persuasive, and is not grounds per se to overrule a demurrer The demurring parties came into the picture well after the allegedly improper representations were made. Centeno and Cruz were the bad actors, and they have no connection at call with Trojan or Special Default. Irregularities in assignments may be an issue between beneficiaries, but the borrowers typically have no standing if there is such a dispute. Maria Bravo has...

Excerpt: ...or judicial notice is granted. Champion's demurrer to the first and third causes of action for uncertainty is overruled. There are no uncertainties which cannot be cured by discovery. The demurrer for failure to state a cause of action to the first cause of action is sustained with leave to amend. CBD has not alleged that it has paid damages to Marquart. The declaration of counsel is insufficient to establish that. A demurrer focuses on the c...

Excerpt: ... The three knives were in plain sight. It is foreseeable that teen age boys might carelessly play with them. This ruling establishes a duty. It does not decide that any of the defendants breached that duty. Determination of whether an Intervening act is foreseeable is a question of fact unless under the undisputed facts there is no room for a reasonable difference of opinion. (See Schrimsher v. Bryson, 58 Cal.App.3d 660).. ...

Excerpt: ...to all are based on LC 1102.5. This requires the reasonable belief in a statutory violation by the defendant. Plaintiff has not pleaded what statute, regulation, etc. was violated. Plaintiff need to do this. ...

Excerpt: ...e cross‐complaint occurred before the filing of the complaint. The cross‐ complaint is not based on plaintiff's protected free speech or her petitioning activity. The cross‐ complaint simply does not fall within the ambit of CCP 425.16. ...

Excerpt: ...liminarily, the court vacates its order of April 23rd finding that the settlement is on good faith. That was prematurely entered, and without knowledge that the instant motion had been filed. The motion to contest the application for a good faith finding is denied. The settlement is for Michel's policy limits. That is an important factor, especially where those limits are in the amount of $100,000.00. Wood Ranch filed its answer on September ...

Excerpt: ...ims that the defendants use of a company truck nullifies the normal exemption from the going and coming rule, i.e. defendants were covered by workers compensation (and thus nor eligible for underinsured motorist benefits). That is an oversimplification. Use of an employers vehicle does not per se keep the employee in the course and scope of his/her employment. Was the vehicle provided on a regular basis? Was it part of the employment agreement? T...

Excerpt: ...She had 100 days from that date to file a motion to vacate the award. That was not done. This motion is a collateral attack on the arbitration award. Furthermore, there is no showing of a defense on the merits to the award. ...

Excerpt: ...ant fires her for a non‐discriminatory reason, i.e. he has eliminated her position. Plaintiff contends that she was fired for "associational" discrimination, i.e. spending time with her disabled mother. Plaintiff does not offer evidence to raise a triable issue of fact as to the reason for the termination of her employment. Defendant's evidence as submitted with its reply is not considered. It should have been part of the moving pap...

Excerpt: ...o Motion to compel further answers to form interrogatories: Deny as to 2.3 and 2.4 ‐ Possession of a drivers license has no apparent relevance in a wrongful death action; Deny as to 3.6 and 3.7 ‐ this is a wrongful death action. A dba or a corporation cannot be an heir, so no apparent relevance; Deny as to 11.1 and 11.2 ‐ no apparent relevance as to whether a wrongful death heir has previously filed an action to recover damages for injury t...

Excerpt: ...9; motion for summary judgment/summary adjudication is denied. Defendants have met their initial burden by presenting evidence to negate the essential elements of breach of duty and causation. (See Defendants' UMF 5‐17, 22‐34, 39‐51, 56‐68 and 73‐85: Ex. C [Garcia depo]; Ex. D [Curtis depo]; Ex. e [Wright depo]). Specifically, Defendants' evidence is sufficient to show that Garcia did not breach his legal duty or cause the subje...

Excerpt: ...or judgment on the pleadings. Deny motion. There have been three demurrers in this case. In ruling on one of them in November of 2016, the court found that the cause of action for fraud did not state a cause of action, but that the remaining causes of action (which are the subject of this MJOP) did allege facts sufficient to maintain the various causes of action. CCP 438(g) requires that a moving party allege new facts or new law to reexamine a c...

Excerpt: ...Defendants XP Systems and Fiserv move for summary judgment and/or summary adjudication of issues. Tentative is to deny. The factual background of this personal injury case is that plaintiff Christopher Clanton fell through a skylight on a construction site. Defendants XP and Fiserv, the owners of the property, move for SJ/SAI based on Privette, and move alternatively for SAI on their lack of duty for the open and obvious condition (a skylight) wh...

Excerpt: ...ransfer, 12/13/2017 stolo Consolidated motion to change venue. Grant motions, and order transfer to Fresno. No defendants reside or do business in Ventura County. The venue provision in the sales agreement, if applicable, relates to location for an arbitration, not venue of a Superior Court action. In addition, venue provisions which are contrary to statute are against public policy. Plaintiff to pay transfer fees as may be applicable. Plaintiff ...

Excerpt: ...017 stolo Overrule. Plaintiff has copied pertinent parts of Feingold v. County of Los Angeles, 254 Cal.App.2d 623, which was found to state a cause of action for a dangerous condition of public property. The facts are sufficiently similar to allow this case to go forward. The County owns one of the two roads being alleged to constitute a dangerous condition. The fact that the Feingold plaintiff did not stop (whereas Mr. Barraza did stop) was not ...

Excerpt: ...rst, second and third causes of action. Plaintiff fails to sufficiently allege compliance with, or excuse from the Government Claims Act. The complaint was filed before the passage of 45 days from submission of the late claim, and cannot allege waiver as provided in Gov't Code 9.113(b). On the merits, the third cause of action fails because the individual defendants cannot be liable for terminating plaintiffs. Sustain as to the fourth cause o...

Excerpt: ...ice should be made in a separate document per CRC 3.1113(1). It serves no useful purpose to use this as the basis for overruling the demurrer so that is not being done. The demurrer is nonetheless overruled on substantive grounds as follows: (1) Stratton did not request that Plaintiff's breach of fiduciary claim be sent to arbitration; (2) the court did not refer the breach of fiduciary claim to arbitration; (3) Judge Johnson's assumption...