Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...

Excerpt: ...d. The District answered. Plaintiff's complaint included 10 causes of action: (1) negligence; (2) negligent supervision; (3) negligent hiring and retention; (4) negligent failure to warn, train or educate; (5) constructive fraud; (6) breach of fiduciary duty, (7) intentional infliction of emotional distress (IIED), (8) sexual harassment, (9) sexual battery (against Doe 2 only), and (10) sexual assault (against Doe 2 only). As the result of a part...

Excerpt: ...e text messages intentionally misrepresenting that she was going to pay in order to delay legal proceedings. On July 18, 2023, Tam filed a demurrer to the Second Cause of Action premised upon fraud and moton to strike punitive damages. Tam has demurred to the second cause of action for intentional misrepresentation under Code of Civil Procedure section 430.10, subdivision (e), failure to state facts sufficient to constitute a cause of action and ...

Excerpt: ...ity deposit. Defendants Oslenhert LLC and Ophira Sara Lenhert (collectively, "Defendants" or "Oslenhert") filed a demurrer. The defendants have both generally and specially demurred. They have generally demurrer as to all causes of achon premised, in part, upon CCP 5430.10(g), which provides that a demurrer is proper in an action founded on contract if it cannot be ascertained from the pleading whether the contract is in writing, oral, or implied...

Excerpt: ...IONS Timeliness Although Defendant's Demurrer is untimely, the Court has discretion to hear it. (See Jackson v. Doe (2011) 192 Cal.App.4th 742, 750.) Also, Plaintiff does not raise this concern in her Opposition. Therefore, the Court will address the merits of the Demurrer. Analysis Uncertainty Defendant argues that the entre Complaint is ambiguous and unintelligible; therefore, uncertain. In support of this, he cites the evidence code to challen...

Excerpt: ...d May 1, 2023. Defendant's opposition was due by August 17, 2023 or even August 16, 2023, since the hearing was originally set for August 29, 2023. (Code Civ. Proc., 51005, subd. (b).) At approximately 3:53 p.m., the Court's staff received Defendant's opposition from a court runner. The Court further notes the filing and service date of the opposition is August 28, 2023! This not only puts the burden on the Court to review a late-filed brief, but...

Excerpt: ...2) Plaintiffs' motion for discovery sanctions. Timely oppositions were filed to each motion. Timely replies were filed to each opposition. l. DISCUSSION A. Plaintiffs' Motion for Protectve Order 1. Defendants' Evidentiary Objections In support of their motion, Plaintiffs filed the declaration of Plaintiffs' counsel, Mr. Cohen, along with a letter from the deponent's doctor (as Ex. 1) and a declaration of the deponent's sister (as Ex. 2). In oppos...

Excerpt: ...f their factual content"].) Defendant's Evidentiary Objections: 1-3 overruled Moton: The motion is denied. In order to prevail on this motion, Defendant would have to show that Plaintiff cannot prove she suffered from organophosphate poisoning. But that is a disputed issue of fact. Plaintiff's medical records show she was admitted for treatment for "organophosphate (Def's Exh. H at pp. 1, 2; see also id. at p. 8 ["Could not rule out possibly orga...

Excerpt: ... reached on the objections to the pleading. (Code Civ. Proc., 55430.41, subd. (a), 435.5, subd. (a)(1)-(2).) With the demurrer and strike motion, the moving party shall submit a declaration stating (a) how the parties met and conferred and no resolution was reached, or (b) the opposing party failed to respond to the demurring party's meet and confer requests or failed to meet and confer in good faith. (Code Civ. Proc., "430.41, subd. (a)(3), 435....

Excerpt: ...nsurer, a demurrer must be overruled if any valid theory is stated and in this case the alter ego allegations are sufficient to impose liability on all three defendants if proven at trial. (See Compl. at "1 9- 10; Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th 221 [reversing judgment of dismissal following demurrer after concluding the alter ego allegations, analogous to those in this case, were sufficiently statedl.) b. In conc...

Excerpt: ...ents to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed his first suit (Complaint #1) for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (6) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false docum...

Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...

Excerpt: ...Amended Complaint alleging two causes of action for Negligence—one against County, and the other against Dæ Defendants 2 through 25. Following a successful demurrer, Plaintiff filed the operative Second Amended Complaint ("SAC"). The SAC alleges two causes of action for Negligence, one against the County, and one against Doe Defendants. At issue today is the County's Motion to Strike Portions of Plaintiff's SAC. An Opposition and Reply have be...

Excerpt: ...family located in San Bernardino County. (FAC '124.) Plaintiff alleges that from 1965-1969, when she was five to nine years old, she was sexually abused and assaulted by her foster father, Warren Miller, over a period of four years. (FAC '1 25 Plaintiff alleges that she reported the abuse to her assigned social worker and foster mother. (FAC '1 27.) Despite this alleged notice, Plaintiff claims that no action was taken, no investigation was compl...

Excerpt: ...otice of Appeal; minute order; notice of ruling on certification; King Declaration in support of certification and exhibits thereto; transcript of the certification hearing; trial plan; the Fourth Amended Complaint; the Order granting leave to amend; and the 47-page Judicial Council of California's 2023 Court Statistics Report (Exhs. 7-15). As to the Motion: The Court would GRANT Representative Plaintiffs Cobos, Angel, Aparacio, Vale, Gallegos, S...

Excerpt: ...t Amended Complaint (FAC), filed March 7, 2022, Plaintiff alleges the following: On December 16, 2020 at 10:42 p.m„ Plaintiff was serious injured in a head-on collision caused by the other driver, Christa Gadsby. Gadsby, who was negligently driving under the influence of alcohol at the time of the collision, was killed in the accident, as were others, including Gadsby's daughter and the driver of the vehicle in which Plaintiff was passenger. Pl...

Excerpt: ...s on October 2, 2020, on or near 1635 W. Lugonia Ave., Redlands, Isaac slipped and fell on a substance on a slippery floor. Defendants own, control, or maintain the premises. Defendant Marshalls filed a Cross-complaint against Cross-Defendant Hyrosen and a later dismissed party. Against Hyrosen, the Cross-complaint pled claims for indemnity, declaratory relief, apportionment, and contribution. Cross- Defendant Hyrosen answered. Cross-complainant ...

Excerpt: ... This case is, in essence, a Fair Employment and Housing Act (FEHA) sexual harassment and retaliation case. Plaintiffs are brother and sister who worked for Defendant. Plaintiff-brother, Horacio, began working for Defendant in 2018. Plaintiff-sister, Leticia, started working in April of 2021. Plaintiffs allege that between August and October of 2021, Leticia was subjected to Defendant, no action was taken to stop the harassment. To the contrary, ...

Excerpt: ... of action: (1) breach of contract; and (2) unjust enrichment. The Cross-complaint by Milton against Lumar pleads five cross-claims: (1) breach of contract, (2) unjust enrichment, (3) restitution, (4) violation of the Unfair Competition Law (UCL), and (5) declaratory relief. The FAC and Cross-complaint allege Lumar and Milton entered into a lease on November 15, 2018 in which Lumar leased Pad C in the Colton Gateway Shopping Center on the northea...

Excerpt: ..., Plaintiff filed a wage-and-hour class action against the same Defendant in Case No. CIVSB2208653. On or about February 3, 2023 (and in apparent furtherance of the instant motion for preliminary approval), Plaintiffs filed a First Amended Complaint (FAC) to add Plaintiff Potter as a named representative plaintiff and to consolidate the matters. The FAC alleges violations asto (1) overtime; (2) minimum wage; (3) meal periods; (4) rest breaks; (5)...

Excerpt: ...nt facts, pursuant to CCP S 430.10(e); (2) lack of standing, pursuant to CCP S 430.10(b); (3) failure to join an indispensable party, pursuant to CCP S 430.10(d); and (4) uncertainty, pursuant to CCP S 430.10(f). Defendants' demurrer to the second cause of action is not considered because it has already been dismissed. Plaintiff opposes and Defendants reply. A sufficient declaration in support of the meet and confer was filed. As an initial matte...

Excerpt: ...) the exact percentage of premium that form the basis of Bamboo's compensation, (c) the amount of limits of liability of insurance policies and fidelity bonds, (d) the amount of settlement and reserve authority Bamboo has in its management role, and (e) a description of commission and profit commission that forms part of Bamboo's compensation. Plaintiffs Franco and Lopez oppose. Defendant Bamboo replies. DISCUSSION Statement of the Law To seal a ...

Excerpt: ...y 23, 2023, the court heard the instant motion to quash service of summons by specially appearing Defendant Nemrop Chavez Luna. The parties agreed to continue the hearing pending the filing of a fully executed Article 6 Certificate. Plaintiff opposed the motion and Defendant replied. On April 24, 2023, Plaintiff filed an addendum to his opposition. II. DISCUSSION a. Analysis Specially appearing Defendant Nemrop Chavez Luna seeks to quash defectiv...

Excerpt: ...e this Court to dismiss the action due to failure to timely serve the summons and complaint pursuant to Code of Civil Procedure sections 583.210 and 583.250, subdivision (1). The motion to dismiss was filed May 26, 2023. Statement of Law "The summons and complaint shall be served upon a defendant within three years after the achon is commenced against the defendant." (Code Civ. Proc., S 583.210(a) [emphasis addedl.) "In computing the time within ...

Excerpt: ...t — breach of implied warranty. Before the Court is BMW's motion to compel arbitration under the Lease Contract Plaintiff entered into with BMW of Ontario. Plaintiff opposes. BMW replies. BMW acknowledges it is nota signatory to the Lease. It asserts two arguments as reason to compel arbitration: (1) it is a third party beneficiary entitled to enforce the arbitration provision in the Lease because the Lease was assigned to its affiliate; and (2...