Excerpt: ... title on a parcel of real property that Plaintiff purchased from an unidentified third party. Plaintiff alleges that Defendant 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. Although Plaintiff was eventually able to resell the subject property to a different buyer, the sale price was less that Plaintiff would ...

Excerpt: ...uired by 15 U.S.C. §§ 1681 et seq. and Cal. Civil Code §§ 1786 et seq. IF ANY PARTY WISHES TO CONTEST THIS TENTATIVE RULING, the hearing on this Motion will be conducted on Tuesday, June 9, 2020 at 9:00 a.m. in Dept. 19. If any party wishes to contest the tentative ruling, NO LATER than 4:00 PM ONE (1) COURT DAYS prior to the current 5/27/2020 hearing date (exclude Saturday, Sunday and national holidays) contesting party must email dept.19@al...

Excerpt: ...lied. Defendants' motion is denied because it is moot. The Court has determined that Plaintiffs' second Motion for Summary Adjudication was improperly filed without prior court approval. See CCP § 437c(f)(2) (party may not file a second motion for summary adjudication based on the same issues presented in a prior motion without court approval); and Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108. Plaintiffs did not attempt to make a showing tha...

Excerpt: ...s thereto, no actual documentary evidence of the special interrogatories themselves or Defendant's actual responses thereto was provided with the moving papers. Plaintiff's motion cannot be granted on the evidence provided and served with the moving papers. Accordingly, it is DENIED. The Court does note that Plaintiff has filed a substantive reply in relation to this motion. However, as of this writing, no opposition to the motion is on file in t...

Excerpt: ...reason for the termination is a pretext. Plaintiff filed his action against Tesla on January 7, 2020. Plaintiff has also named Tesla employee Caleb Moore in the Seventh Cause of Action for Defamation. The Court reviews the parties' evidence to determine whether a valid agreement to arbitrate exists and whether there are reasons why the agreement is unenforceable. See Ramos v. Westlake Services LLC (2015) 242 Cal.App.4th 674, 685 (court must begin...

Excerpt: ...ty may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both . . . . A motion for summary adjudication shall be granted only if...

Excerpt: ... of rescission of the Parties' 2013 Agreement. KaiserAir now argues the SAC is susceptible to judgment on the pleadings because the Parties' contractual relationship was rescinded as a matter of law, and such rescission eliminated the bases for all of DI's causes of action in the SAC. DI contends it never offered to rescind the 2013 Agreement and its prayer for rescission was an alternative and conditional offer to rescind the Parties' "Proposed"...

Excerpt: ... Robertson v. Fleetwood Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817-818. It is well established that the trial judge is called upon first to evaluate the hourly billing rates of all attorneys and support personnel who worked on the matter. See Ketchum, supra, 24 Cal.4th at 1128 (after evidentiary hearing the Marin judge called upon his experience both in practice and on the bench to determine the reasonable rate for the Sa...

Excerpt: ...of transfer was April 12, 2019. The Court has not yet set a trial date. The next Case Management Conference is on July 20, 2020. Cross-Defendant asserts in the Demurrer that the First Amended Cross-Complaint is barred as to him by the statute of limitations. Cross-Defendant contends that the First Cause of Action for Defamation is subject to a one-year statute of limitations pursuant to CCP § 340(c). Cross-Defendant contends that the Second Caus...

Excerpt: ...ee how an amendment would be possible given the resolution of the prior actions. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349 [no abuse of discretion to deny leave to amend where party fails to show how amendment is possible].) Plaintiff has not opposed the demurrer. Defendant argues that Plaintiff's causes of action are barred under res judicata based on Plaintiff's prior unsuccessful lawsuit related to the foreclosure proceedings, which was di...

Excerpt: .... 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 pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may...

Excerpt: ...construing a complaint on demurrer is long-settled: "We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed. [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) "Liberal...

Excerpt: ...tiffs fail to submit sufficient evidence to create a triable issue of material fact regarding whether the franchisee was an agent of Defendant rather than an independent contractor. Defendant's Motion for Summary Adjudication is DENIED as moot. If any party wishes to contest the tentative ruling, no later than 4:00 PM two (2) court days prior to the hearing (exclude Saturday, Sunday and national holidays) contesting party must email dept.18@alame...

Excerpt: ...§ 437c, subd. (c).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is no merit to an affirmative defense as to any cause of action, or both . . . . A motion for summary adjudicati...

Excerpt: ...endant shall serve verified Responses to RFAs Nos. 1-35 admitting or denying each RFA without objections no later than fifteen (15) days after entry of this Order. In opposition to the Motions to Compel, Defendant principally argues that when Judge Kaus granted an ex parte application continuing trial in this case, he was without authority to also order that discovery deadlines would be governed by the new trial date. At the time of the ex parte ...

Excerpt: ...osed interveners Paniagua and Nicholas filed a separate, but overlapping, putative class action in Santa Barbara. (Paniagua v. Reyna v. Brilliant General Maintenance, Inc., Santa Barbara Case No. 19CV04977.) Proposed interveners Paniagua and Nicholas now seek to file a complaint in intervention in this case. Proposed interveners assert that the parties in this case are preparing to settle the claims on a classwide basis that would arguably have c...

Excerpt: ...ionist named Stephanie at Amazon.com, Inc.'s offices in Seattle on January 2, 2020. The Proof of Service did not include a declaration that copies of the Summons and Complaint were mailed to Defendant Rubenstein. The declaration of mailing was filed on March 4, 2020. The Court first takes notice of Plaintiff's argument that Defendant's motion is not timely. Although the argument has some merit, the Court believes that Defendant reasonably withhel...

Excerpt: ...es Barbeque when Plaintiff filed this case, based on their filings with the California Secretary of State which Plaintiff could have discovered had she conducted an inquiry, and (2) they will suffer "specific prejudice" if the Doe Amendment is not quashed, based on the former trial date of May 11, 2020 which has now been vacated. As to Jernegans' first argument, a Doe Amendment is proper if the plaintiff is actually ignorant of the Doe defendant'...

Excerpt: ...tion as to this same claim unless AHS can establish newly discovered facts or circumstances or a change in law supporting its argument. (See Code of Civil Procedure § 437c(f)(2).) AHS fails to do so. AHS's only proffered evidence that Plaintiff is not paid less than his similarly situated coworkers of a different race is the declarations of AHS employees Lisa Marie May and Carlos Martinez. (See AHS's Separate Statement of Facts ("SSF") Nos. 4-7....

Excerpt: ...AHS's HR "Business Partner" Joan Davis admonished JA that he needed to act professionally, and no further such incidents occurred. (See JA's Separate Statement of Facts ("SSF") Nos. 1-9 and the evidence cited in support.) In order to prevail on a claim for sexual harassment, Plaintiff must demonstrate that he was subjected to unwelcome sexual advances, conduct, or comments that were made or committed "because of sex" and sufficiently severe and p...

Excerpt: ...ward of punitive damages are set forth in the Exemplary Damages Attachment. Plaintiff alleges that Defendant's employees and management level executives engaged in malicious, fraudulent and oppressive conduct when they refused to allow him and his aunt Barbara to enter his late mother's apartment to collect her personal property. Plaintiff's mother Doris Bridgewater passed away in October 2015. The conduct alleged in the Second Amended Complaint ...

Excerpt: ...426.50.) The burden is on the party opposing the motion to demonstrate that the party seeking leave to file the compulsory cross-complaint has acted in bad faith; late filing of the motion is an insufficient basis on which to deny the motion. (See Silver Orgs. Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98-101.) Here, Liberty has demonstrated some "other cause" for failure to file its proposed cross-complaint against Plaintiff Boscacci Inc. dba Amp E...

Excerpt: ...wear muzzles when they are outside. Plaintiffs claim that they have had to endure years of loud barking and howling at all hours of the day. The hearing is continued because the civil departments are currently closed. If Defendants oppose the motion, they must file and serve a written opposition no later than June 17, 2020. If they do not, they will not be permitted to present argument at the hearing. See Sexton v. Superior Court (1997) 58 Cal.Ap...

Excerpt: ...ncy Ambulance Service, Inc. (2008) 160 Cal.App.4th 388, 403 ("health care provider" includes licensed paramedics). Plaintiff alleges in the Complaint that his injury occurred on February 15, 2018. In his opposition, Plaintiff states that Defendant may not rely upon the statute of limitations under the doctrine of equitable estoppel. Plaintiff's argument is based on extrinsic facts set forth in counsel's declaration and exhibits attached to the de...

Excerpt: ...ong-Beverly Act and include a cause of action for fraud. LEGAL STANDARD "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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reason...