Excerpt: ...rocedural history of this case. Defendants filed several Demurrers and Motions to Strike Plaintiffs' Complaint and First Amended Complaint. The Court recently issued its order directing the Clerk of the Court to file the Second Amended Complaint nunc pro tunc as of March 23, 2019. The Court denies the Motion for Summary Judgment because Plaintiffs and Defendant failed to comply with the requirements to have the decedent Amir Zarsange's medical re...

Excerpt: ...].) Plaintiff shall file an amended complaint no later than September 5, 2019. (See CRC, R. 3.1320(g).) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer...

Excerpt: ... Each of the three causes of action is apparently alleged against each of the three named defendants. Plaintiff's claims against the Hospital apparently arise from some unspecified action occurring on September 6, 2016, when unspecified Defendants (presumably including the Hospital) "discharged, transferred, loaded, secured, transported, monitored, unloaded and assessed" Plaintiff during his transfer from the Hospital to Piedmont Gardens. This va...

Excerpt: ...d Piedmont Gardens SNF. Each of the three causes of action is apparently alleged against each of the three named defendants. However, nowhere in the First Amended Complaint does Plaintiff allege what Falck did, or did not do, that led to Plaintiff suing Falck. The Court infers from the briefs filed in support of and in opposition to this demurrer that Falck operates a medical transportation services company and was involved in transporting Plaint...

Excerpt: ...leges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Courts "give the complaint a reasonable interpretation, reading it as a whole and its parts in their context." (Goncharov v. Uber ...

Excerpt: ...g by specifying the acts or omissions of a representative of FPI (as distinguished from the various other defendants) that forms the basis of the cause of action and not simply referring to acts or omissions of "defendants" in the aggregate. (See, e.g., Falahati v. Kondo (2005) 127 Cal.App.4th 823, 829; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 763.) A cause of action for violation of Business & Professions Code section 17200...

Excerpt: ..., that (1) he was a member of a protected class, (2) he was qualified for the position he sought or competently performing the position he held; (3) he suffered an adverse employment action, and (3) some circumstance suggesting a discriminatory motive. (See, e.g. Guz v. Bechtel National Inc. (2000) 24 Cal.4th 317, 355.) Assuming arguendo that Plaintiff has submitted evidence as to elements (1)-(3) of his claim, supra, he has not submitted admissi...

Excerpt: ...uiet Title, Fourth Cause of Action for Cancellation of Instrument, and Ninth Cause of Action for Violation of Bus. & Prof. Code § 17200 et seq., is SUSTAINED WITH LEAVE TO AMEND. Although it does not conclude that Defendant is a bona fide purchaser for value ("BFP") as a matter of law, the Court does agree with Defendant's assertion that Plaintiffs failed to plead sufficient facts as to Breckenridge Property Fund 2016 LLC to state a valid claim....

Excerpt: ...'s prior owner, Edmund Chute, who then sold the property to Gorlick. Chute hired Dorgan to make extensive electrical improvements to the property to prepare it for use as an indoor cannabis cultivation facility. The FAC also asserts a right to recover the value of Dorgan's work in quantum meruit. Gorlick appears by general demurrer and requests that the Court take judicial notice of certain documents. In his demurrer, Gorlick objects that the FAC...

Excerpt: ... age. Darden and co-defendant Olive Garden Holdings, LLC jointly move for an order compelling Martinez to submit to arbitration. For the reasons discussed below, the motion is GRANTED. LEGAL STANDARDS The Federal Arbitration Act ("FAA") (9 U.S.C. §§ 1 et seq.) embodies a "liberal federal policy favoring arbitration agreements, notwithstanding any state substantive or procedural policies to the contrary." (Moses H. Cone Memorial Hosp. v. Mercury...

Excerpt: ...hout "evidence regarding the nature of his participation in the action, including a description of his specific actions and the amount to time he committed to the prosecution of the case." A Plaintiff requesting an incentive award must provide evidence regarding the nature of his participation in the action, including a description of his specific actions and the amount to time he committed to the prosecution of the case. (Clark v. American Resid...

Excerpt: ...and that these breaches of duty allowed her former husband Todd Stempien to withdraw large sums of money from the couple's joint account. In 2011, after Plaintiff inherited approximately $430,000.00 from her late father's estate, she and her former husband were advised to put the money inherited into an investment account held by "Stempien Family 2009 Trust." Plaintiff claims that Tim Millar never advised her that she had the option of having the...

Excerpt: ...n order. Gebre proceeded to trial on November 14, 2018, separate from the remainder of the consolidated cases. On May 1, 2019, in Gebre, the Court issued a Statement of Decision after trial ruling in Defendants' favor. The Court finds that entering judgment now in Gebre would not create the possibility of conflicting judgments with the consolidated cases. The issues to be determined at trial in the consolidated cases pertain to factual and legal ...

Excerpt: ...me at Ira Jenkins Recreation Center ("Recreation Center"), when Defendant Emarius M. McCowan ("McCowan") acted in an intentionally aggressive and hostile manner toward Plaintiffs and others in the game. As a result, employees of the City closed the Recreation Center and forced Plaintiffs to leave in the company of McCowan. The employees also locked the doors of the Recreation Center to prevent Plaintiffs from seeking shelter or safety inside. Onc...

Excerpt: ...Motion was untimely as to fees incurred "up to and including the rendition of judgment in the trial court" because it was not "served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case." (Cal. Rules of Court, rule 3.1702(b)(1).) Rule 3.1702's deadlines are mandatory. (See Russell v. Trans Pacific Group (1993) 19 Cal.App.4th 1717, 1725-1726.) On April 5, 2016, judgment was entered in favo...

Excerpt: ...ose individuals who worked for Defendants in the State of California as a delivery driver or other similar job titles at any time on or after the date that is four years prior to when the Complaint was filed. Since the original Complaint was filed on May 5, 2017, this definition would encompass everyone who worked for Defendants at any time from May 5, 2013 through May 5, 2017. Plaintiff also seeks certification of a terminated subclass defined a...

Excerpt: ...n order. Gebre proceeded to trial on November 14, 2018, separate from the remainder of the consolidated cases. On May 1, 2019, in Gebre, the Court issued a Statement of Decision after trial ruling in Defendants' favor. The Court finds that entering judgment now in Gebre would not create the possibility of conflicting judgments with the consolidated cases. The issues to be determined at trial in the consolidated cases pertain to factual and legal ...

Excerpt: ...ase entitled, Princess Pope v. Essex Property Trust, et al. (Case No. RG13689355). The underlying case is also assigned for all purposes to Department 517. The Court takes notice of the proceedings in that case. Defendants American Bankers Insurance Company of Florida and Assurant, Inc. are parties to the underlying case. Defendants Tittmann, Valdespino and Hunkins represented the entities in the underlying case. Plaintiff's claims against Defend...

Excerpt: ... to pursue a judgment against in this Court against Intellilum. (See In re Beeney (1992) 142 B.R. 360, 362-363.) As Intellilum has appeared in this action and had its previous default set aside, it is reasonable to believe Plaintiff might need to conduct some limited discovery to prepare evidence for trial, a motion for summary judgment, or some other procedural device to seek judgment against Intellilum. Accordingly, a request for discovery agai...

Excerpt: ...own, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2018) para. 8:1256, p. 8G-1.) As stated in Cembrook v. Superior Court, (1961) 56 Cal. 2d 423, and International Harvester Co. v. Superior Court, (1969) 273 Cal.App.2d 652, while "most of the discovery procedures are primarily to assist counsel to prepare for trial . . . [RFAs] are aimed primarily at setting at rest a triable issue so it will not have to be tried. " (Int'l Ha...

Excerpt: ...sby, d.b.a. Tech Express ("Plaintiff" or "Tech Express") on April 19, 2019: (1) to American Express ("AmEx"), in New York, and (2) to PayPal Inc. ("PayPal"), in San Jose. (See Decl. of Holiday D. Powell, Exhs. 3 and 4.) As noted in the reply memorandum filed on August 6, 2019, the motion was timely served on Plaintiff and Plaintiff did not file any opposition by July 31, 2019, the due date per C.C.P. § 1005. Instead, on August 8, 2019, eight day...

Excerpt: ...(Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a)....

Excerpt: ...a consequence of Lowe's alleged failure to respond to CSAA's arbitration demand. The court has reviewed Terzian v. California Casualty Indemnity Exchange (1974) 42 Cal.App.3d, 942 cited by CSAA, and does not find the case to be instructive on this point. CSAA shall also respond to Lowe's arguments concerning the narrow scope of the attorney fee provision. It states, in pertinent part: "Unless the arbitrator's award or controlling law specifically...

Excerpt: ... The parties have provided the Court with a transcript of the discussions held during the meeting. The Court has reviewed the transcript as well as the supplemental papers filed by ASI Computer on July 30, 2019 and the supplemental opposition papers filed by Kang on August 5, 2019. The parties have advised the Court that the number of disputed issues was reduced as a result of counsel's further discussions. ASI Computer's first objection is to th...

Excerpt: ...ella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, 191.) Plaintiff alleged that he was seriously injured in an accident at the Everport marine cargo terminal "[o]n or about September 26, 2016." (Compl. ¶ 8 at 3.) The two-year personal injury statute of limitations of Code of Civil Procedure section 335.1 (former section 340(3)) accrued and began running on that date. (Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 C...