Excerpt: ...s Complaint alleges causes of action for: 1) vicarious liability for negligence under Government Code sec. 815.2; 2) dangerous condition of public property under Government Code section 835; 3) negligent hiring; 4) negligent supervision; 5) negligent retention; and 6) gross negligence. LEGAL STANDARD A defendant moving for summary judgment meets its burden of proof of showing that a cause of action has no merit if that party shows that ... there ...

Excerpt: ...aratory Relief regarding the meaning of "occurrence"; 4) Fourth Cause of Action for Declaratory Relief regarding payment of policy benefits; and 5) Fifth Cause of Action for Declaratory Relief regarding erosion and/or exhaustion of policy limits. BACKGROUND Plaintiff manufactured mechanical pipe joining products (e.g., couplings and valves). Defendants American Home Assurance Company, The Insurance Company of the State of Pennsylvania, National U...

Excerpt: ...int, paragraphs 8-9.) Plaintiff alleges that the Preliminary Title Report failed to disclose that there was a lien on the subject property, and as a result Plaintiff's attempt to subsequently resell the subject property to an unidentified buyer fell through. (See First Amended Complaint, paragraph 11.) Although Plaintiff was eventually able to resell the subject property to a different buyer, the sale price was less that Plaintiff would have obta...

Excerpt: ...ies in their briefing, including enlarged discussions of Huff v. Securitas Security Services USA, Inc., infra, and Williams v. Superior Court, infra. The supplemental briefs do not alter the outcome of the Motion. Plaintiff's Complaint consists of a single cause of action for violation of the Private Attorney General's Act ("PAGA"). Plaintiff brings her claim on behalf of herself and all other "aggrieved employees." Plaintiff has propounded Speci...

Excerpt: ...ly after the deal to acquire Bright Pattern, Inc. dissolved. Defendant believes it is likely that the requested records will contradict or at least call into question Plaintiff's allegations in the Complaint and support its allegations in the Cross-Complaint. Defendant's motion is denied because the Court agrees with Plaintiff's assertion that the cost and burden of searching for all records within the company related to Dimelo, S.A. is outweighe...

Excerpt: ...or summary adjudication on the causes of action for negligent supervision and negligent retention, contending that because it has admitted vicarious liability for the negligence, if any, of AMV, it cannot also be sued for negligent supervision and/or retention of AMV. Defendant Golden Cargo's response to Plaintiff's request for admission 2 was as follows: "REQUEST FOR ADMISSION NO.2: Admit that Martinez-Victoria was in the course and scope of his...

Excerpt: ...ng 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 Techs., Inc. (2018) 19 Cal.App.5th 1157, 1165.) Here, Defendant Landau has demurred to both of Plaintiff's causes of action in t...

Excerpt: ...ercation with a security agent at the bus station and that several City police officers were called to the station. After an investigation, the police declined to arrest Morales. Plaintiffs allege that by failing to arrest and/or disarm Morales, the City's police officers were a substantial factor in causing their decedent's death. Public entities are generally not liable for failing to protect individuals against crime. (See Zelig v. County of L...

Excerpt: ...nable to "plead around" the SOL defense and therefore granted Plaintiff leave to amend. Plaintiff filed her First Amended Complaint on January 28, 2020. The FAC contains all the essential allegations of the Complaint, but includes argument regarding Code of Civil Procedure section 1010.6(b)(3) in an attempt to render her claims timely filed. Because the Court finds these new allegations insufficient to overcome the SOL defense to Plaintiff's clai...

Excerpt: ...erve his Memorandum of Costs seeking reimbursement of $58,964.95. Defendant filed her Motion to Strike and/or Tax Costs on July 16, 2020. Defendant's motion is granted because the Court does not agree with Plaintiff's contention that he is the "prevailing party." See CCP § 1032(a)(4). The Court is quite familiar with the facts and the procedural history of this case originally filed on March 11, 2015. This is a case where the Court does not simp...

Excerpt: ...General has not been provided with the required information regarding the parties and the claims at issue as detailed in the notice, which was served on the same day as the filing of First Amended Complaint, and was the first time the settling defendant was listed as a party. Second, the parties have submitted insufficient evidence to support their assertions that the civil penalty assessed by the consent judgment is reasonable based on the crite...

Excerpt: ... Motion to Strike is DENIED. As a threshold matter, the Court admonishes Cross-Complainant for filing a consolidated opposition to Cross-Defendant's Demurrer, Motion to Strike and Motion for Judgment on the Pleadings without leave of court. Cross-Complainant shall file responsive briefs for each individual motion in all future filings. STANDARD OF LAW "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v....

Excerpt: ... PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, August 11, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM on Friday, August 7, 2020, the contesting party must email [email protected] and provide notice to all counsel of the intent to contest the tentative order. Any requested hearing will most likely be conducted using t...

Excerpt: ...ate 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).) "Malice" is defined as conduct "intended by the defendant to cause injury ...

Excerpt: ...scovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP § 2017.010.) "[S]tatutes governing discovery 'must be construed liberally in favor of disclosure unless the request is clearly improper by virtue of well-established causes for denial.'...

Excerpt: ...band, Mathieu Leonelli, witnessed the accident. Villegas was the primary care provider for her newborn. LEGAL STANDARD A defendant moving for summary judgment meets its burden of proof of showing that a cause of action has no merit if that party shows that ... there is a complete defense to the action. (Code Civ. Proc., § 437c, subd. (o)(2).) Once the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of one ...

Excerpt: ...h 91, 96.). Defendant seeks summary adjudication of Plaintiff's allegation that he was exposed to respirable asbestos from Defendant's asbestos-containing talc incorporated into joint compounds and paints around which Plaintiff worked. However, Plaintiff's Responses to Defendant's Special Interrogatories also state that Plaintiff was exposed to Defendant's asbestos- containing talc incorporated into Old Spice perfumed talc. The MSA is silent as t...

Excerpt: ...bsections, each of which identifies a specific statutory violation. The proposed settlement is for $975,000 plus Ross changing its arbitration agreement to clarify that it does not purport to require arbitration of LWDA claims brought under PAGA. The settlement would distribute the funds as follows: Attorneys' fees of $292,500 (30% of total) Litigation Costs of $17,733 Settlement administration costs of $8,000 Service payment to named plaintiff o...

Excerpt: ...ient to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly plead...

Excerpt: ...he Motion demonstrates that Defendant served Plaintiff with a Subpoena on April 21, 2020, scheduling his oral deposition on May 1, 2020. (Droege Decl., ¶¶ 9-10 and Exh. F.) "Personal service of any deposition subpoena is effective to require all of the following of any deponent who is a resident of California at the time of service: (1) Personal attendance and testimony, if the subpoena so specifies. (2) Any specified production, inspection, te...

Excerpt: ... Judgment of Global Medical Response, Inc. is premature because the company has never made an appearance in this case despite being served with the summons in November 2018. Plaintiffs, however, have never sought to take the default of Global Medical Response, Inc. Counsel for Plaintiffs and Defendants were advised of the failure of Global Medical Response, Inc. to make an appearance in its order of January 9, 2020. The Motion for Summary Judgmen...

Excerpt: ... risk of complications from COVID-19 should be contract the virus, her in ability to see her doctor because of the COVID-19 pandemic, her inability to go to the gym or to receive massage therapy, and stress as grounds for seeking trial within 120 days. Plaintiff provides her own declaration regarding her health and a declaration from counsel setting forth the procedural history, a list of individuals for hi grist for COVID-19 from the Center for ...

Excerpt: ...er abuse (by either neglect or abandonment), or that any of these individuals engaged in any conduct that caused decedent Eugenie VanMiller's death. The demurrer by SLHC to the First Cause of Action for Elder Abuse is SUSTAINED, WITHOUT LEAVE TO AMEND. An elder abuse claim is a statutory cause of action and it must be pled with particularity. (See Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal.App.4th 396, 410.) Plaintiff has attem...

Excerpt: ... 22, 2015. (See Second Amended Complaint, paragraphs 24-25 and 44.) RG alleges that it was to be paid a 2% transaction fee for those services. (See Second Amended Complaint, paragraph 27.) RG has been unable to locate the investment advisor agreement that it allegedly entered with Defendant, and it has attached as Exhibit A to its Second Amended Complaint "the form of agreement" that it purportedly entered with Defendant. (See Second Amended Comp...

Excerpt: ... 2019. However, Petitioner Nelia Hernandez ("Petitioner") - Decedent's mother -- was not informed of the details of the accident, including the cause of her son's death, until approximately October 25, 2019. Upon learning that Decedent had sustained fatal injuries after being struck by a BART train, Petitioner filed an application for leave to submit a late claim. Her application was denied on December 12, 2019. Petitioner now seeks relief to fil...