Excerpt: ...784.) Defendant is entitled to a verified response from plaintiff as to the medical care, examination and treatment received as a result of the accident. Defendant's motion to compel a further response to Form Interrogatory # 20.8 is granted. Plaintiff's objection that it is calling for expert information is overruled. Plaintiff's reference to the police report is inadequate. Defendant is entitled to a verified response from plaintiff as to the h...

Excerpt: ...cause of action do not address any facts underlying the lack of care plaintiff's decedent allegedly received from defendant. Defendant's demurrer to the second cause of action for medical negligence for failure to state facts sufficient to state a cause of action is sustained. The complaint is not directed to Dr. Magavalli, who was added as a Doe defendant eight months after the complaint was filed. Facts to support all elements of such a cause o...

Excerpt: ...kly Admin Inc v Superior Court (2020) 9 Cal.5 th 279, 326.) Defendant argues breach of fiduciary duty is a fact issue for a jury, but a breach of fiduciary duty will be treated as an equitable action when an accounting is required. (Van de Kamp v Bank of America (1988) 204 Cal.App.3d 819, 864 [Where an accounting is required, the action is equitable; An accounting is necessary where the fiduciary becomes liable for various sums of money and plain...

Excerpt: ...or should have known of the conduct and fails to take immediate and appropriate corrective action]) and the 7th cause of action for intentional infliction of emotional distress. Within ¶25 of the second cause of action, plaintiff seeks recovery for emotional distress due to the sexual harassment against her by her supervisor. Punitive damages are also being sought against Duran in the second cause of action. The only way to reconcile the cases c...

Excerpt: ...hat the repairs to conform the vehicle to applicable warranties were not commenced within a reasonable time, nor completed within 30 days. The complaint did not allege the number of days the car was in the shop for repairs. This information is included within the repair history (and was recited in the opposition P&A). Given the specificity of the facts required to state a cause of action and the conclusory allegation of its violation, the court f...

Excerpt: ...West Management Group. The FAC does not allege that Inspire Brands entered into a continuing guaranty agreement. Absent such an allegation, the obligations of Inspire Brands terminated on the assignment of the lease to Far West Management Group. (Central Building LLC v Cooper (2005) 127 Cal.App.4 th 1053, 1059.) On that basis, the FAC fails to state facts sufficient to state a cause of action. The motion to strike the punitive damage and attorney...

Excerpt: ...e FAC filed by plaintiff contains paragraphs requesting punitive damages (¶¶ 34, 59, 76) and a prayer for punitive damages was added in the FAC (#5). In addition to having been filed beyond the time for amendment, the FAC was also filed in direct contradiction to the court order on the motion to strike. The court sua sponte moves to strike the FAC. The court renews its prior order that the punitive damage claims are stricken without prejudice. ...

Excerpt: ...ere obtained, and if defendant agrees to produce the same. (CCP § 2031.210 and 2031.230 [requirements of a code compliant response].) Defendant only agreed to produce those documents it “may have obtained” from the GM authorized repair facility. This is a vague and inadequate response. Any document subject to a trade secret objection shall be noted in a privilege log. (CCP § 2031.240) Thereafter, the court may be asked to resolve the trade ...

Excerpt: ...e and electronic address. (Filed 3/24/21.) The opposition was timely filed. The opposition was served in the manner requested by defendant in its notice filed in March of 2021. There is no factual support for the request for a continuance to file a reply expert declaration. Defendant's motion for summary judgment or alternatively summary adjudication is denied. The declaration of plaintiff's expert filed in opposition to the motion creates a tria...

Excerpt: ...ve damages shall be filed 10 days after service of notice of ruling. The complaint alleged fraudulent concealment of a known “defective 6L80 MYC Hydra- Matic automatic transmission” based on GM's alleged failure to disclose this defect prior to the sale in its advertisements to the public about the vehicle. The plaintiff never directly communicated with GM. Knowledge of the defect by GM was based on “knew or should have known” allegations...

Excerpt: ...ms of the family trust and he should be protected from a dispute among family members as to entitlement to the lease payments. This lawsuit was filed on 2/5/20. Oliveira was not named as a defendant until the filing of the second amended complaint in November of 2020. This is Oliveira's first demurrer. A trial date has not been set. It appears to the court that how lease payments are to be paid during the pendency of this lawsuit is a matter that...

Excerpt: ...v Bales (1990) 221 Cal.App.3d 227, 230.) Cross-complainants argue the public policy protecting a lawyer from a lawsuit by the opposing party does not exist once the lawyer has been sued by the client and where participation in a fraud in the inducement claim has been alleged. However, cross-complainants have failed to cite to persuasive authority to support this argument. Little's duty and undivided loyalty were to plaintiff. As noted in the repl...

Excerpt: ...ation was not given. The failure to give the notice made the notice void. (Civil Code 1946.2 (d) (4) [An owner's failure to strictly comply with this subdivision shall render the notice of termination void]. The absence of a notice of termination is not a defect in the complaint that can be cured by amendment. (Berkowitz v Palm Springs La Quinta Development Co (1940) 37 Cal.App.2d 249, 251 [It is thoroughly settled that plaintiff's cause of actio...

Excerpt: ...loud v Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The motion for judgment on the pleadings may rely on discovery admissions by the opposing party, but only if they are clear and unambiguously inconsistent with the allegations of the complaint. (Del E. Webb Corp v Structural Materials Co (1981) 123 Cal.App.3d 593, 604.) The responses attached to the declaration of defendant counsel consist of checks from plaintiff to defendant in a su...

Excerpt: ...selecting a continued hearing date. The tentative ruling on the future continued hearing is set forth below. In a supplemental brief, defendants requested that the court take judicial notice of verified discovery responses from plaintiff. Defendants contend that plaintiff received the trust documents within two months of her husband's death, so that the one year statute of limitations set forth in Code of Civil Procedure section 366.3 applies to ...

Excerpt: ... the court finds that the reduction of duplicate costs of litigation and discovery, and the need to avoid inconsistent results, supports the stay of the PAGA claims (which appear to be based on the same or similar employment practices to be litigated in the arbitration proceeding). ...

Excerpt: ...rth Amendment to the trust, which is contrary to defendants' interpretation. (Estate of Williams (2007) 155 Cal.App.4th 197, 215 [In construing the writing, the court looked not only at the four corners of the document but also considered extrinsic evidence. “If the prerequisite testamentary intent does not appear from the face of the instrument itself,” the court wrote, “reference may be made to the circumstances of its execution, and the ...

Excerpt: ...s have not filed a motion to amend to date. (CRC 3.1324 [motion to amend requirements].) The plaintiff's failure to have insurance (if true) would also impact relevant discovery. (Civil Code §3333.4.) At present, however, the court is not in a position to find plaintiff's discovery outside the scope of proper discovery. (CCP §2017.010.) Alfred Perez has served verified responses before the hearing in substantial compliance. The motion to deem r...

Excerpt: ...arches in the presence of the 40 inmates and the defendants. (¶¶ 37, 40, 70.) It was alleged that these searches were only conducted when there was a transgender inmate present. (¶28) Specific intent to violate plaintiff's well established constitutional rights was alleged. (¶35, 39, 41, 42.) The strip searches made plaintiff a target for sexual violence and signaled to others that she could be sexually harassed without consequence. (¶34, 35...

Excerpt: ...ractices, breach of fiduciary duty, intentional misrepresentation, promissory fraud, unjust enrichment, constructive trust, injunctive relief and declaratory relief. The action against the moving party defendant was dismissed on 8/27/20. The motion for attorney fees as costs relied on the Second Amended and Restated Partnership Agreement which contained an attorney fees clause as follows: “Should any litigation be commenced between the parties ...

Excerpt: ...rified responses are due 15 days after service of notice of ruling. Plaintiff failed to respond to defendant's meet and confer attempts and plaintiff has not corrected or verified the responses that were provided. Defendant's request for sanctions in the sum of $1965 is granted. Defendant's motion to compel verified responses to economic litigation form interrogatories CCP §2030.030 (a )(2) provides that a party may ask any additional number of ...

Excerpt: ...not capable of judicial notice. (People v Jones (1997) 15 Cal.4th 119, 171 fn.17, disapproved on another ground in People v Hill (1998) 17 Cal.4th 800, 823 Fn1.) The traffic collision report was properly objected to on the basis of lack of relevance (Evid. Code §350), hearsay (Evid. § Code 1200) , lack of personal knowledge (Evid. Code §702), and lack of foundation (Evid. Code §702). Plaintiff's objection to the mental competency report from ...

Excerpt: ... to any further funds from the sale of his partnership interest in order to pay for his criminal defense. The court agrees with plaintiff that paragraph 6.1 exaggerates the partnership's “contingent liabilities” from the wrongful death action (17C0009). This litigation was stayed due to a motion brought by plaintiff. It was alleged that plaintiff was in the course and scope of employment with the partnership when the wrongful death occurred. ...