Excerpt: ...ot expressly enumerate any causes of action. Thus, on August 25, 2022, the Court sustained the demurrer of JPMorgan Chase Bank, N.A. (Chase) with leave to amend. Thereafter, on February 3, 2023, Plaintiff filed a First Amended Complaint (FAC). Though the FAC had numbered paragraphs, it still did not set forth separately numbered causes of action and did not comply with the California Rules of Court, rule 2.112. In addition, Plaintiff's allegation...

Excerpt: ...estitution. As a result, through their First Amended Complaint (FAC) the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducement-concealment. The fraud claim is b...

Excerpt: ...9, 2023, which is thirty (30) days after the parties' mediation with Glenn Barger, Esq. On August 28, 2023, Plaintiff filed this present moton for a protective order together with the declaration of Randi l. Thompson, Esq. Filed by the Court on September 25, 2023 and September 27, 2023, but served on 12, 2023 and September 25, 2023 respectively, are oppositions filed by Defendants, together with a declaration by David Seal, Esq. A reply was filed...

Excerpt: ...fiduciary duty; and (4) fraud. Cardenas alleges she was formerly in a romantic relationship with Pino. During their relationship, Pino convinced Cardenas to purchase a mobile home and although she would supply the funds, title was to be taken in Pino's name. Pino allegedly signed a written acknowledgement that he owed Cardenas $ü(M. Pino was personally served on March 10, 2022. He did not file a response but appeared at a Trial Setting Conferenc...

Excerpt: ...16, 126; Reed v. United Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making this determination." (In re Microsoft I-V Cases (2006) 135 Cal.App.4th 706, 723.) Relevant factors the court may consider include "the strength of the plaintiffs' case, the risk, the expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in se...

Excerpt: ...hould this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Motion to Strike: Cross-Defendant's Request for Judicial Notice: The Request is denied as irrelevant to the determination of these motons. Cross-complainant's Request for Judicial Notice: The Request is denied as unnecessary; if the statutes and comments are relevant, they will be considered. The motion to strike is ...

Excerpt: ...n 377.32. Specifically, Plaintiffs did file the Declaration of Successor in Interest Wesley McKinley pursuantto Code of Civil Procedure secton 377.11 and Welfare & Institutions Code section 15657.3 along with their Complaint on October 31, 2022, and the declaration has Estella lola McKinley's Death Certificate attached thereto as Exhibit A; 2. Defendants' Demurrer to Plaintiffs' First Cause of Action for Elder Abuse and Neglect based upon insuffi...

Excerpt: ...nvestments LLC, and its principal, Min Ye. The complaint contains causes of action (COA) for (1) breach of contract, (2) dangerous condition of property, (3) "slumlord" (4) property damage, (5) negligence, and (6) breach of the implied covenant of good faith and fair dealing. There is also a purported 7th cause of action, which is merely the prayer for relief. As for the underlying allegations, the Zunigas indicate the lease outlines who is respn...

Excerpt: ...er, an analytic tool. As to Requests for Judicial Notice: Both Defendants request judicial notice of the pleadings and various corporate documents and licenses. The Court would GRANT as to the pleadings. The Court would further GRANT as to the filings but not the truth of the statements asserted therein. As to the Demurrers: The Court would SUSTAIN as to the Third Cause for negligent misrepresentation as to both Defendants Bamboo and Catlin, but ...

Excerpt: ...l doctors who provided treatment to Plaintiff at Victor Valley Global Medical Center. Radiologist Rahul Nayyar, MD (Defendant Nayyar) interpreted an abdominal ultrasound and a NM HIDA scan. Radiologist Jose Ospina, M.D. (Defendant Ospina) interpreted a MRI, a MRCP and a CT scan. Neera Grover, M.D. (Defendant N. Grover) was the gastroenterologist who consulted with Plaintiff and prov-ded an assessment. Finally, Rakesh Grover, M.D. (Defendant R. Gr...

Excerpt: ...t Barth. The City contends that First Choice is unpermitted and illegal in that it violates several Chino Municipal Codes. Since July 2019, the City has inspected and issued citations and abatement orders for the unpermitted and improper use of the property. (Complaint, 1-3, 5, 10-23.) The Renewed Motion for Order Determining Costs and Fees was previously on the court's calendar for August 28, 2023, having been continued originally from October 2...

Excerpt: ...Vijay"), and Dr. Melanie Arora ("Melanie"). Plaintiffs alleged the following: Geraldine needed a polyp removed from her uterus. After determining that she did not want Melanie to perform the surgery (based on an unfavorable interaction and her age), Geraldine left VVGMC, only to be called back by Melanie's father, Vijay. Vijay promised to perform the surgery himself without Melanie's involvement. Geraldine later learned that despite Vijay's promi...

Excerpt: ...ood Faith Meet and Confer Pursuant to Code of Civil Procedure section 439: Here Defendants have not filed a declaration outlining the parties' meet and confer efforts that took place prior to the filing of Defendants' JOP in violation with Code of Civil Procedure section 439. This alone is enough to take this matter off calendar. More importantly, as correctly point out by Plaintiff in his Opposition, the grounds for Defendants' motion for judgme...

Excerpt: ...SJ was pending, Defendant served Aaliyah Jones (for purposes of this statement, "Plaintiff) with a Section 998 offer to compromise in the amount of $1.75M. On March 29, 2023, the Court signed and filed its order granting MS]. On July 13, 2023, the Court signed and filed its judgment in favor of Defendant, and against Plaintiffs. The judgment states Defendant shall recover its costs and that the Court retains jurisdiction to determine recovery of ...

Excerpt: ...ing party, evidence obtained through discovery, and matters judicially noticed. (Code Civ. Proc. 5437c, subd. (b).) Declarations must be based on the personal knowledge of the declarant, show affirmatively that the declarant is competent to testify to the matters stated, and set forth admissible evidence. (Code Civ. Proc. 5437c, subd. (d).) The essential allegations of any common count are: (1) the defendant is indebted to plaintiff in a certain ...

Excerpt: ...ENY. Defendant shall file its responsive pleading within thirty (30) days. Case Summary Plaintiff filed his action on April 18, 2023, asserting class claims for moving company Defendant's (1) breach of contract; (2) breach of duty of good faith and fair dealing; (3) violation of the Idaho Consumer Protection Act; and (4) conversion. In essence, Plaintiff asserts that he contracted with Defendant to move him from Idaho to California. Although he p...

Excerpt: ...tomobile striking a pedestrian on or about January 26, 2021. Plaintiffs filed their suit on April 5, 2022, alleging (1) negligence; and (2) negligent hiring, retention, or supervision. Relevant here, the Court scheduled the initial Trial Setting Conference (TSC) on this matter for October 19, 2022. Without notice or justification, Plaintiff failed to appear at the TSC, and the Court set a further TSC and an Order to Show Cause (OSC) regarding the...

Excerpt: ...s is a collections matter. Plaintiff alleges that Defendant Rosales applied for, was issued, and incurred debt related to an American Express Business Gold Card. Plaintiff filed suit on March 17, 2023, and Defendant submitted a general denial on May 25, 2023. Relevant here, Plaintiff propounded discovery, including a Request for Admissions, Set One, on June 12, 2023. After the time to respond had run, Plaintiff sent a meet and confer letter on Ju...

Excerpt: ...t at the tme of Foss's employment she signed and agreed to a Mutual Arbitration Agreement (MAA). Foss opposes. TSA replies. Discussion The threshold issue for the court is whether or not the FAA applies. If so, whether there is an enforceable arbitration agreement. Does the FAA apply? The answer is yes. The FAA applies to arbitration clauses involving interstate commerce. (9 U.S.C. 52; Aviation Data, Inc. v. American Express Travel Related Servic...

Excerpt: ...d where it is general and embraces evidence which is admissible as well as that which is inadmissible." (Rose v. State (1942) 19 Cal.2d 713, 742.) Page 5 are based on relevance, foundation, and hearsay. First, the Court OVERRULES the objections to the entirety of the Declaration as cumbersome and improperly submitted. Second, as to the individual objections, the Court also OVERRULES. While the statements regarding Mr. Hitt's feelings and beliefs ...

Excerpt: ...r the lawsuit involves claims subject to arbitration. Case Summary This is a representative action for Labor Code violations pursuant to the Private Attorneys General Act (PAGA). On April 21, 2023, Plaintiff filed his suit against Defendants for civil penalties pursuant to PAGA based on violations related to (1) minimum wages; (2) overtime wages; (3) meal periods ; (4) rest breaks; (5) final pay; (5) untimely wages; (7) wage statement violations;...

Excerpt: ...cificity; and (3) fails to allege a transactional relationship between GM and Plaintiff giving rise to a duty to disclose. GM also seeks to strike Plaintiff's prayer for punitive damages. Plaintiff opposes. GM replies. Fourth Cause of Acton: Fraudulent Inducement - Concealment 1. Statute of Limitations Defendant argues the fourth cause of action is time barred because Plaintiff purchased the vehicle on or about December 21, 2016, yet did not file...

Excerpt: ...pedic Sports & Spine Medical Group, Grove Advanced Imaging, Monarch Diagnostic Services, LYG A Professional Medical Corporation, Southern California Sports Rehabilitation Inc., Nova Legal Funding, F&M Radiology Medical Center, Michael J. Trudeau, and Does 1-50. The operative First Amended Complaint ("FAC") was filed on September 27, 2021, alleging on or about March 28, 2017, Defendant Harris was involved in a vehicle collision which resulted in i...

Excerpt: .... McLaughlin ("McLaughlin"), and Michael S. Burkholder ("Michael") filed their Complaint against Magdi M. Khalil & Madeline G. Khalil, individuals and trustees of the Khalil Family Trust (collectively "Khalil," individually by their first names). The operative Second Amended Complaint (SAC) pleads 3 causes of action: (1) negligence by Burkholder and McLaughlin, (2) private nuisance by Burkholder and McLaughlin, and (3) negligent infliction of emo...

Excerpt: ....App.4th 421.) Per the statute, to obtain an order for Plaintiffs to post an undertaking, the Defendant Dr. Faerber must establish that the Plaintiffs are out-of-state residents, and that he has a reasonable possibility of prevailing in the instant action. If the former are satisfied, then public policy requires an evaluation of Plaintiffs' finances to determine if they are indigent and if an undertaking would deny their fundamental right of acce...