Excerpt: ...ff was hospitalized. (Id. para. 9.) Dr. Lai wanted to perform an angiogram procedure on Plaintiff. (Id.) Plaintiff alleges he initially refused the test and informed Dr. Lai that Plaintiff's wife was the "decision-maker." (Id.) Plaintiff alleges that Dr. Lai "waited until there [were] no family members or friends near" and obtained Plaintiff's consent to proceed. (Id.) During the angiogram, Plaintiff alleges Dr. Lai pierced his right femoral arte...

Excerpt: ...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 reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the fa...

Excerpt: ... LLC (collectively "Defendants") engaged in a pattern and practice of Labor Code violations. MEET AND CONFER EFFORTS As an initial matter, Defendant contends (in an Ex Parte Application) that Plaintiff failed to follow mandatory procedures by obtaining a date for and participating in an Informal Discovery Conference ("IDC") as required by the Code of Civil Procedure and Local Rules. (C.C.P. secs. 2016.040, 2016.080; Local Rule No. 3.31.) The Cour...

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: ...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: ...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: ... 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...

Excerpt: ...th Asian, became Plaintiff's co-supervisor, along with Harden. (SSUMF No. 4.) On July 13, 2016, Plaintiff was in a meeting with Tarin and fulfillment manager Kevin Costello. It is undisputed that during the meeting, Tarin stressed the importance of punctuality for all employees and also announced Plaintiff's shift time would be changing from 7:30 am to 9:00 am. (SSUMF No.5.) It is further undisputed that Plaintiff was frustrated by the meeting an...

Excerpt: ...lleges the defects inherent in the clamps were well-known to those in the construction industry. 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 mal...

Excerpt: ...at the project. Plaintiff OUSD filed this action against Cal-Pac on February 17, 2017. Cal-Pac filed a Cross-Complaint against La Paz and other subcontractor parties, on May 1, 2017. INTERSTATE'S APPLICATION FOR GOOD FAITH SETTLEMENT "Any party to an action in which it is alleged that two or more parties are joint tortfeasoror co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into...

Excerpt: ... Decl., para. 10, Ech. C.) Thereafter, Plaintiff mailed Defendant monthly statements. (Rowe Decl., Exh. C.) Plaintiff asserts that on or about March 9, 2016, Plaintiff ceased making payments towards her balance. ((Rowe Decl., para. 12.) Plaintiff contends the balance due and owing on Defendant's account is $13,846.27. (Complaint, para. 10.) Plaintiff's verified Complaint, filed on July 22, 2019, pleads causes of action for: 1) breach of contract;...

Excerpt: ...t show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. section 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact if, and only if, the evidence would allow a ...

Excerpt: ...AA Insurance Group as attorneys for the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case reached a settlement and in 2013 they filed motions to enforce settlement and expunge Plaintiffs' liens. Those motions were granted by Judge Judith Craddick on February 4, 2014. Plaintiffs (who were not p...

Excerpt: ...AA Insurance Group as attorneys for the defendant in the Contra Costa case. Later that year, Morgan became attorney of record for Martinez, and Plaintiffs filed a notice of lien in that case. Sometime thereafter, counsel in the Contra Costa case reached a settlement and in 2013 they filed motions to enforce settlement and expunge Plaintiffs' liens. Those motions were granted by Judge Judith Craddick on February 4, 2014. Plaintiffs (who were not p...

Excerpt: ..., individually, as Executor of Decedent's Estate and as Successor in Interest of Decedent; Peter Marinakis, individually and as Successor in Interest of Decedent; and Lee Marinakis, individually and as Successor in Interest of Decedent. Plaintiffs' plead causes of action for: Negligence - Wrongful Death; Negligence - Survival Action; Neglect and Abuse (under the Elder Abuse and Dependent Adult Civil Protection Act); and Violations of Business and...

Excerpt: ...hip of the Property. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settlement agreem...

Excerpt: ...ship of the Property for Client. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settl...

Excerpt: ...ship of the Property for Client. At the time Plaintiff and his Client signed the fee agreement, Client also executed a grant deed to Plaintiff for the one-sixth interest in the Property, which Plaintiff was to hold until such time as his Client received title to the Property. Plaintiff, on behalf of Client and himself, recorded a lis pendens against the Property. Client ultimately obtained an ownership interest in the Property by means of a settl...

Excerpt: ...hat he, as an assignee of Romero and Sons Construction, Inc. ("Romero") is entitled to $120,000 for unpaid services that Romero performed on the construction project under a subcontract Romero had with Vila. Because the County has no interest in the funds in dispute, the County filed a Cross-Complaint in Interpleader seeking to resolve the conflicting demands of Vila and Schmidt. The County also deposited $150,000 with the Court, which amount rep...

Excerpt: ...one Memorial Hosp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) The California Arbitration Act requires courts to enforce arbitration clauses. (CCP §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies which they ha...

Excerpt: ...ther that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact if, and only if, the evidence would allow a reasonable tri...

Excerpt: ...ions, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (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 p...

Excerpt: ...ther that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. § 437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact if, and only if, the evidence would allow a reasonable tri...

Excerpt: ...runs through roughly the middle of the driveway. Plaintiffs allege that in 2015, Defendants constructed porches and porch steps that block part of the driveway, prohibits access to Plaintiffs' garages in the rear of the building. Plaintiffs also allege that Defendants blocked the use of the driveway by depositing construction debris there. Plaintiffs contend Defendants' tenants have used the shared driveway as a "patio" by placing tables and chai...

Excerpt: ...st St. Francis, Weiss Law, Roia Shefayee and Mogeeb Weiss ("Cross-Defendants"). The sole cause of action in the Complaint is for declaratory relief: St. Francis seeks a declaration that Bhandari unlawfully withdrew funds from the St. Francis bank accounts in violation of the Management Services Agreement ("MSA"). The MSA is an agreement between St. Francis Medical Group and St. Francis Medical Management. Neither Bhandari, nor the other Cross-Def...