Excerpt: ...i dba Budget Garden Motel's Motion for Judgment on the Pleadings is GRANTED. Defendants shall give notice of this ruling. Background: Plaintiff alleges that Defendants Bhalubhai Prajapati & Ramila (d/b/a Budget Garden Motel) Ramchandra Prajapati, and Chandravati Prajap ati negligently maintained/controlled/managed/operated the premises so as to create a dangerous condition that actually and proximately caused injury to Plaintiff (slip and fall du...

Excerpt: ... and Defendan ts fail to demonstrate that it is a court record. (See, e.g., Wolf v. CDS Devco (2010) 185 Cal.App.4th 903, 914; Shapell SoCal Rental Properties, LLC v. Chico's FAS, Inc. (2022) 85 Cal.App.5th 198, 208 -209; J.W. v. Watchtower Bible & Tract Society of New Y ork, Inc. (2018) 29 Cal.App.5th 1142, 1172 -1173.) Defendants' request for judicial notice as to Exhibit B is granted. Defendants' demurrer for uncertainty to the sole cause ...

Excerpt: ...r 30, 2024. Discu ssion: The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civ. Proc., § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Concerning the legal sufficiency of a pleading, the sole iss ue on demurrer is whether the facts pleaded, if true, state a valid cause of action – i.e., if the complaint pleads facts that would entitle the plaintiff to relief. (LiMan...

Excerpt: ...ERRULES in pa rt and SUSTAINS in part Defendants Clearwater Senior Living, LLC and CSL Berkshire Operating Company, LLC's Demurrer to the First Amended Complaint. (Code Civ. Proc., § 430.10(e).) Sufficient facts are stated to support the third and fourth causes of actio n, and the demurrer to these claims is overruled. As to the sixth and eight causes of action the Court agrees with Defendants that Plaintiff does not have private rights of actio...

Excerpt: ...9, 50, 51, 52, 53 , 54, 55, 56, 57, 58, 59, 60, 66, 67, 68, 70, 74, 77, 78, 79, 80, 82, 83, 86, 87, 89, 90, 92, 96, 98, 99, 101, and 102 are undisputed. UMFs nos. 14, 15, 25, 30, 31, 35, 41, 42, 61, 63, 64, 81, 88, 91, 94, 95, 97, 100, 103, and 104 are disputed and establis hed. UMFs nos. 12, 48, 62, 65, 69, 71, 72, 73, 75, 76, 84, 85, and 93 are disputed and not established. For the purposes of this Motion only, Plaintiffs' Additional Material F...

Excerpt: ...l District's Motion for Determination of Good Faith Settlement is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 877.6 and Tech -Bilt, Inc. v. Woodward -Clyde & Associates (1985) 38 Cal.3d 488, 499. Counsel for Defendant to give noti ce. This action arises out of an automobile versus pedestrian incident that occurred on June 7, 2022, at approximately 3:40 p.m. in front of Mesa Verde Middle School on Peach Hill...

Excerpt: ...s the hearing o n Plaintiffs' motion to compel Defendant American Honda Motor Co., Inc.'s (“Honda”) compliance with the Court's February 21, 2024 discovery order to October 21, 2024 at 8:20AM. Plaintiffs shall file and serve, forthwith, a supplemental declaration attachin g a copy of the Stipulated Protective Order entered in the Meraz Action. Honda shall file and serve, by no later than October 14, 2024, a supplemental opposition brief (no m...

Excerpt: ...party may mov e for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c, subd. (a).) To prevail on a motion for summary judgment, the evidence submitted must show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) “For pu...

Excerpt: ...ully met its burden of establishing its entitlement to summary judgment of it s breach of contract and common count causes of action based on Defendant's failure to make continued payments on her credit card account ending in 1552. Plaintiff shall be entitled to its requested damages in the amount of $25,090.32. The proposed order g ranting summary judgment and the proposed judgment will be signed on this date and electronically transmitted to th...

Excerpt: ...pposed motion for terminating sanctions. Cross -Complainants have shown that Serdy failed to comply with the Court's 1/30/24 order by failing to serve initial responses to the FI, SI, and RPD; subsequent monetary sanctions have been imposed but these orders have not secu red compliance and Cross -Complainants still have no meaningful discovery from Serdy. Cross -Complainants generally assert that Serdy's conduct is willful. This assertion is base...

Excerpt: ... a Mental Ex am. For good cause shown relief is proper per Code of Civil Procedure section 2032.320. Counsel for Defendant to give notice of the Court's ruling. Background: This is a PAGA action by Plaintiffs Dina Ventura, America Vasquez, and Sonia Buenrostro (collect ively “Plaintiffs”) for FEHA violations, wage and hour claims, and wrongful termination against Defendant Westchase Mini Suites, LLC dba Best Western Plus Thousand Oaks (“Def...

Excerpt: ...'s Demurrer. Plaintiff's claims are precluded based on the Settlement Agreement entered into between the parties on October 25, 2019, in which Plaintiff waived all then -existing claims against the University, and her then -existing FEHA/DFEH complaint. The Court takes j udicial notice of the plain and unambiguous language of the Settlement Agreement, which Plaintiff has attached to the subject Complaint filed May 29, 2024, finding that applicati...

Excerpt: ...ji Exchange, LLC's (“Duji”) Motion to Strike is GRANTED with leave to amend. Def endant's Request for Judicial Notice filed April 22, 2024, is GRANTED. This is an action for recovery of unpaid wages, overtime, compensation for rest periods, and for other statutory labor violations. Plaintiffs have included as their eleventh cause of ac tion a Private Attorney General Act (“PAGA”) claim seeking civil penalties against the PAGA defendants. ...

Excerpt: ...high standard for obtaining leave for this discovery. Civil Code Section 3295, subdivision (c) provides that: “No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the cou rt enters an order permitting such discovery pursuant to this subdivision. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose...

Excerpt: ...his survival beyond six months. (Code Civ. Proc., § 36, subd. (d).) The jury trial remains set for April 14, 2025. Counsel for the moving party to give notice of the Court's ruling. Background: This premises liability action arises from an incident that occurred on August 5, 2022, where Ethan Jordan (the “Plaintiff”), a minor, was struck while riding his bike by the vehicle being driven by Sylvia Lynne Hawisher (“Hawisher”). The incident...

Excerpt: ... GRANTED. Pl aintiffs shall file and serve the proposed second amended complaint by no later than October 4, 2024; however, the amended complaint and the use of pseudonyms therein shall comply with all applicable rules and statutes. In particular, Plaintiffs are ordere d to conspicuously state in the caption of the complaint the statute or rule of court permitting the use of a pseudonym without a court order. If there is no such authority, Plaint...

Excerpt: ...grants Plaintiff Moni ca Hull's request for an order compelling Defendant Knights of Columbus of Oxnard (“Knights”) to provide a further response to special interrogatory no. 43 (set no. 3). Knights shall serve Plaintiff's counsel, by no later than September 19, 2024, with a ve rified further response without objections to request for admission no. 43 that (a) responds to the request for admission as it is stated; and (b) fully complies with ...

Excerpt: ... Defendant's demurrer on the g rounds of uncertainty is OVERRULED. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Defendant's demurrer on the grounds of failure to state a claim based on preemption is SUSTAINED, without leave to amend. [However, if Plaintiff can articulate specific facts that could be pled to avoid preemption, Plaintiff should be prepared to identify those facts at the hearing so that the Court can...

Excerpt: ...dence Code section 452(d). Defendant LHT Flowers, =nc.'s Motion to Dismiss For Plaintiff 's Failure to Bring Case to Trial Within Five and One -:alf Years is GRANTED pursuant to Code of Civil Procedure sections 583.310 and 583.360. The entire case is dismissed without pr ejudice. The deadline to bring this matter to trial expired on August 6, 2024. Plaintiff filed his petition for writ of mandate on August 15, 2024. That petition was denied by th...

Excerpt: ...ses of action fo r abuse of process, ==ED and conspiracy to commit abuse of process against Defendants. (Code Civ. Proc., § 430.10, subd. (e).) At the hearing, Plaintiff shall be prepared to identify specific facts that can be pled to cure the deficiencies identified in th e demurrers. =f Plaintiff is unable to identify such facts, the demurrers will be sustained without leave to amend. Defendants to give notice. The Court notes that the parties...

Excerpt: ... payment of P AGA penalties negotiated by the parties in this action and for an order dismissing the action without prejudice with jurisdiction to be reserved pursuant to Code of Civil Procedure, section 664.6. The Private Attorneys General Act of 2004, Labor Code secti on 2698 et seq. (“PAGA”) requires that the Court approve the penalties negotiated by settlement reached by the parties. (See Labor Code section 2699(l)(2).) PAGA also mandates...

Excerpt: ...n to Stay Pro ceedings was previously granted on a temporary basis. (See August 8, 2024 Minute Order.) Defendants Well Oak Tenant LLC's, Oakmont Management Group LLC's, Welltower Propco Group LLC's, and Welltower =nc.'s Petition to Compel Arbitration is GRANTED. Defen dants have successfully met their burden by identifying the existence of a valid arbitration agreement. Plaintiff Diana Weekes has failed to meet her burden of establishing that the...

Excerpt: ...t 8:20AM. Plaintiff Dineley is required to show that the settlement was submitted to the Labor Workforce Development Agency. (Labor Code, § 2699, subd. (s)(2).) Further, Plaintiff Dineley the evidence offered in support of the motion is inadequate. The Court needs to review the settlement agreement to confirm its terms, which claims are released, and how th e PAGA award compares to the settlement amount of other claims. The Court sees no basis f...

Excerpt: ...that has been since corrected under penalty of perjury. No other evidence suggests Plaintiff did not receive service of the instant motion. Plaintiff did not meet his burden of establishing the preliminary facts necessary to support the exercise of the attorney -client privilege. Plaintiff 's objections based on attorney -client privileged are OVERRULED. :e is ordered to sit for a third session of deposition and answer the questions identified in...

Excerpt: ... Cross- Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. Judgment is entered in the amount of $856,964.79 plus $280,051.21 in interest. For purposes of this motion only, the UMFs are established and all objections to evidenc e are overruled. Background: The Complaint was filed by Plaintiff Montalvo Square Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant�...