Excerpt: ...ivil Procedure sections 430.41 and 435.5 prior to filing their Page | 2 demurrer and motion to strike. Attorney Garrett B. Stanton states that he sent several email correspondences to Plaintiff's counsel in an attempt to schedule a time to telephonically meet and confer regarding Plaintiff's FAC. Mr. Stanton also made two telephone calls to Plaintiff's counsel in order to meet and confer, but he was told that Plaintiff's counsel was not available...

Excerpt: ...y for recovery, versus a new factual claim [Hagan Decl. at ¶27]. No demonstrated prejudice lies by allowing its addition. Third, while collection of a possible judgment is not a justified basis for adding decedent's wife as a party, the proposed allegation that Janet Thompson was aware, accepted, approved, and benefited from the acts and services rendered1 implicates Family Code § 914, subdivision (a), which states: “[A] married person is per...

Excerpt: ...pare Stephens Compl. ¶¶16‐67, with Leach Compl. ¶¶15‐66.) Plaintiffs even copy/paste allegations regarding the evidence needed to prove both cases. (See Stephens Compl. ¶53; Leach Compl. ¶52.) [“Evidence for DEFENDANTS' indifference for the acuity levels of the FACILITY'S patient population can be found through a comparison of the average registered nurses to resident ratios in California facilities verses the FACILITY.”].) 2 While ...

Excerpt: ...rty for payments Travelers has made, those rights are transferred to Travelers. Subject to a reservation of rights, Travelers agreed to Fernrock Page | 2 under the policies against the claims made in this action. Among other things, Travelers reserved its right to seek reimbursement of defense expenses from potentially liable third parties. To date Travelers has incurred in excess of $370,000 in defense costs on Fernrock's behalf. To date, Copp h...

Excerpt: ...ommunity Solutions, dba Youth Build Inland Empire (2) Defendant Richard Wallace (3) Defendant Dee Goins Meet and Confer Requirement‐ Demurrer Under Code of Civil Procedure § 430.41, before filing a demurrer, the objecting party shall meet and confer with the opposing party in person or by telephone for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. During the meet ...

Excerpt: ...1242, 1249.) A court may grant a continuance upon an affirmative showing of good cause. (CRC, Rule 3.1332(c); Lazarus, supra, 64 Cal.App.4th at p. 1249–50.) Page | 2 Whether to grant a continuance generally rests within the trial court's broad discretion. (Color‐Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603; Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246 (“The trial court has discretion in ruling on requests to extend ...

Excerpt: ...atement was filed by Plaintiff in support of the motion but again it was not in compliance with the Court rules which require that all the text of all responses (original and supplemental) be included and the reasons justifying compelling further responses. The reason for this is so the Court does not has all of the information in one document. Nonetheless, the Court will rule on the motion but 2 admonishes Plaintiff's counsel that any further vi...

Excerpt: ...nt practice association (“IPAs”) and medical groups are not intended to be in this lawsuit (“Excluded Claims”)[.] (June 1, 2020 Stipulated Order at p. 1:10‐ 12 [Blue Cross' RJN, Exh. A; Exh. D to Glarum Decl.; and Exh. E to Jazaeri Decl.].) A stipulation is binding between the parties thereto unless illegal or contrary to public policy. (Tanner v. Title Ins. & Trust. Co. (1942) 20 Cal.2d 814, 821; Hehr v. Swendseid (1966) 243 Cal.App. 1...

Excerpt: ... at least sixteen court days before the hearing). As for the claims of plaintiff Neri, the court imposed a deadline for defendant to file a responsive pleading of September 10. Plaintiff contends the motion to compel arbitration is untimely, because it was not filed by September 10. Plaintiff has confused the two deadlines. Defendant's responsive pleading to plaintiff Neri's claims was timely filed on September 10.1 The motion to compel arbitrati...

Excerpt: ...responsive statements. Defendant has failed to comply with its discovery obligations under the Code of Civil Procedure and this court's prior orders, by asserting frivolous objections, by providing responses that are ambiguous and not in compliance with the Code of Civil Procedure, by continuing to assert objections after the court overruled them, and by failing to timely produce all responsive documents in response to the court's orders. The ten...

Excerpt: ..., at least sixteen court days before the hearing). As to plaintiff Neri, the court ordered that a responsive pleading would be due no later than September 10, 2021. Defendants filed a demurrer and a motion to strike on September 14, 2021, four days after the deadline. Plaintiff, however, does not appear to object to the untimely filing of the demurrer and motion to strike and no prejudice is shown. The filings were compliant with the requirements...

Excerpt: ...d to propose a narrow sealing order. It may be that portions of Schedule A to Exhibit A and Exhibit C (e.g. dollar amounts) are appropriate to seal, with redacted versions filed publicly. Motion to Compel Arbitration of Individual Clams and Dismissal of Class Claims Plaintiff does not dispute that an arbitration agreement exists, nor does she contend that is substantively or procedurally unconscionable. Rather, she contends that the agreement is ...

Excerpt: ...rises, LLC and YTC Investments, LLC a. Discussion Plaintiff City seeks an order of prejudgment possession of the property it seeks to condemn for a permanent easement and a temporary construction easement for a period of twelve months. Defendants THM Enterprises and YTC Investments (for this motion, “Defendants”) oppose the motion, asserting Page | 2 resolution of necessity does not establish the right to take, and the City failed to make the...

Excerpt: ...s inappropriate, especially for a relatively small settlement such as this. Many courts do not award any “incentive” awards in “PAGA only” cases . This court views a maximum $5,000.00 award as appropriate. (Reducing the incentive award brings the penalty amount to $79,847.60.) 3. Counsel has provided only estimates for the number of aggrieved employees (109) and the total number of pay‐periods for all aggrieved employees collectively (1...

Excerpt: ...leads the following class: All current and former non‐exempt employees paid on a salaried basis and misclassified as “exempt” who worked for any of the Defendants within the State of California at any time during the period from March 13, 2015, to final judgment. Lollicup moves to deny class certification. Rules of Court, rule 3.767(a)(3), provides that in the conduct of a class action, the court may require the pleadings be amended to elim...

Excerpt: ...ois v. Goel (2005) 35 Cal.4th 1094, 1108: “We agree that it should not matter whether the ‘judge has an unprovoked flash of understanding in the middle of the night' [Citation] or acts in response to a party's Page 2 of 7 CVS26101921 suggestion. If a court believes one of its prior interim orders was erroneous, it should be able to correct that error no matter how it came to acquire that belief.…” (See also In re Marriage of Herr (2009) 1...

Excerpt: ...ggs, and (5) Charles Hohman (collectively cross‐defendants). The City also asks the court to deem the action moot because cross‐defendants are no longer in possession of the property where an unlicensed marijuana dispensary was operating, and the nuisance has therefore been abated. After extensive litigation, the court issued a preliminary injunction to prevent the operation of a marijuana dispensary on the property, which the Court of Appeal...

Excerpt: ...nst him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 [citations omitted].) 2. Demurrer to First Cause of Action ‐ Fraud: The demurrer is overruled. The allegations are sufficient as against a demurrer. 3. Demurrer to Second Cause of Action ‐ Negligent Misrepresentation: The demurrer is overruled. The factual allegations regarding the misstatements and omissions are sufficient for the fraud cause of action, and Defenda...

Excerpt: ...nses to most of the RFPs, RFAs, and Form Interrogatories. (Exh. 11 to Cabada's Decl.) As supplemental responses were served, this motion is moot as to (a) RFPs #20‐21, 23, Page 2 of 4 CVS26101421 42, 45, 47, 51, 74, and 77, (b) RFA #19, and (c) Form Interrogatories #200.6, 201.1, 201.4, 201.5, 201.6, 207.1, 214.1, 215.1, 216.1, and 217.1.1 The only requests remaining at issue are RFP #5 and # 38, RFA # 17, and Form Interrogatory # 214.2. RFP # ...

Excerpt: ... term “affecting commerce,” which is a term of art that ordinary signals the broadest permissible exercise of Congress's commerce clause power. (Citizens Bank v. Alafabco, Inc. (2003) 439 U.S. 52, 56.) Defendant bears the burden of demonstrating FAA coverage by declarations and other evidence. (Shepard v. Edward Mackay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1101; Woolls v. Superior Court (20050 127 Cal.App.4th 197, 213‐ 14.) Here, t...

Excerpt: ...) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 156 Cal.App.3d 754, 759. On the one hand, despite arguably being aware he filed a lawsuit that would require his participation, Plaintiff Jordan has gone quiet. His silence leaves Target with no means to defending against the lawsuit. And his failure to 2 respond to his Counsel could show a lack of diligence that can equate to willfulness. On the other hand, due to Jordan going quiet, and no eviden...

Excerpt: ...ness name for defendant. Plaintiff is mistaken. While the evidence is sparse, it is sufficient. Defendant's Human Resources (HR) manager, Esther Magallanes, submitted a declaration authenticating the arbitration agreement. (Magallanes declaration ¶ 14.)1 She declares that plaintiff “became employed by Office Star on December 9, 2016 to work as a Shipping Clerk for Office Star's Elm warehouse in Fontana.” Magallanes worked in the office that ...

Excerpt: ...tiff alleges Defendants were strictly liable, or were negligent, reckless, unreasonable, and Page 2 of 8 careless in their design, manufacture, supply, installation, inspection, repair, renting, or leasing of the product. Plaintiff filed her Complaint January 27, 2021, asserting causes of action for General Negligence and Products Liability. On March 25, 2021, Canedo was personally served with the Summons and Complaint at 144 E. Arbeth Street, Ri...

Excerpt: ...utor/trustee of the estate of Ascension Garcia (Decedent), and alleges causes of action for (1) fraudulent intentional Page 2 of 36 misrepresentation; (2) breach of contract; and (3) intentional infliction of emotional distress. The complaint alleges wrongdoing with respect to the burial of Decedent, who was Plaintiff's mother, in the wrong plot. On August 4, 2021, Defendant filed the instant demurrer and motion. DISCUSSION Statement of the Law D...

Excerpt: ...ROUND Plaintiff's First Amended Complaint From 2011 to 2018, Plaintiff Regina Mendoza (Plaintiff) was employed by Defendants Loma Linda University Shared Services, Loma Linda University Medical Center, and Loma Linda University Medical Center – Murrieta (Defendants). Plaintiff's job performance was exemplary, and she was repeatedly promoted, which resulted in her attaining the position of Director of SCM Purchasing. (¶¶ 13‐14, 16, 21.) Plai...

Excerpt: ...orm complaint alleges two causes of action: (1) motor vehicle; and (2) general negligence. Plaintiff seeks punitive damages. Plaintiff filed a first amended complaint (FAC) on August 17, 2021 alleging the same causes of action and also seeking punitive damages. On August 24, 2021, Defendant filed this motion to strike punitive damages. Discussion Defendant has moved to strike any references to punitive damages within the exemplary damages allegat...

Excerpt: ...Roxana Yonessi: Sustained. Declarations by the moving party's counsel as to essential facts are generally objectionable and inadmissible as hearsay, except where the lawyer somehow has personal knowledge of the facts. (Star Motor Imports, Inc. v. Sup.Ct. (Shake) (1979) 88 Cal.App.3d 201, 204.) A verification cannot be based on information and belief. (Id.; cf. Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 236 [declaration in suppor...

Excerpt: ...ontext and applicability are important factors which the Court cannot determine by motion. Motion in Limine #11 – Exclude reference to Publicized Accounts of other sexual assault incidents: How is this different from Motion in Limine #8? As with that motion, this motion is denied. This motion is denied. It is not specific enough as to what evidence Defendants seek exclusion of. This motion requires the Court to rule in a vacuum and perhaps even...

Excerpt: ...ant's wooden deck and suffered injuries. Plaintiff alleges the following causes of action: (1) general negligence; and (2) premises liability. On March 13, 2021, Plaintiff filed an Amendment to Complaint naming Real Estate FTL as Doe 1. Now before the Court is Defendant's motions to compel further responses to Form Interrogatories, Set Two, and Request for Admissions, Set One. At issue are Form Interrogatory No. 17.1 and RFA Nos. 5 and 9. Plainti...

Excerpt: ...Stanford University School of Medicine and the Vice Chair for the Department of Emergency Medicine at Stanford. He states he is familiar with emergency medical practices and procedures including foot injuries such as suffered by Shelton. Dr. Shen states he has reviewed Shelton's medical records and imaging studies from Adventist Health Selma (AHS) and RCH. Dr. Shen states Shelton presented to AHS' Emergency Department on July 11, 2019 for complai...

Excerpt: ... value. (See Harrott v. County of Kings (2001) 25 Cal.4th 1138, 1148.) 2 Plaintiff's Request for Judicial Notice: The Request is denied. Decisions of the six district courts are not matters the Court can judicially notice the contents of and it is unnecessary to request judicial notice of California appellate decisions which the Court can consider independent of any request for judicial notice. Motion: The motion is denied. FCA moves to compel ar...

Excerpt: ...or set forth the objectionable statement or material.” Objections may be made only to evidence. California Rules of Court, rules 3.1352 and 3.1354 both state they apply to “objections to evidence,” and Code of Civil Procedure section 437c, subd. (b)(5), also refers to “[e]videntiary objections.” Separate statements are not evidence. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 178, fn. 4.) Because undisputed facts in a s...

Excerpt: ...ts for production. Page 2 of 14 Plaintiff M.D.L.F., a minor by and through his guardian ad litem, Melinda Fields, (“Plaintiff”) filed this personal injury action against Defendants Morongo Unified School District (“the District” of “MUSD”), Cindy Arrowood (“Arrowood”), and Diana Fisher (“Fisher”) (collectively, “Defendants”). On September 23, 2020, Plaintiff filed a Third Amended Complaint (“TAC”), which includes seven...

Excerpt: ...those related to the alleged medical malpractice, the Complaint also contains allegations indicating defendants were negligent in failing to properly ensure the character, quality, ability, and competence of the individuals treating patients that as a direct and proximate result, plaintiff suffered injuries. When these allegations are viewed in the context of plaintiff's claim that she should have been treated rather than discharged, a valid clai...

Excerpt: ...llegations are not uncertain and are sufficient for purposes of demurrer. 3. Demurrer to First Cause of Action – Breach of the Implied Warranty of Habitability: The demurrer is overruled. There is no requirement in this cause of action that a landlord be given time to correct deficiencies and Plaintiff alleges notice and damages. (paragraphs 12 and 23). Knight v. Hallsthammar (1981) 72 Cal.3d 46, 55. 4. Demurrer to Second Cause of Action _ Brea...

Excerpt: ...age 2 of 23 interrogatories. After Ashley Furniture sent an inquiry on July 30, 2021 and received no response, Ashley Furniture filed this motion to compel responses to form interrogatories and motion to compel responses to special interrogatories. Both motions request sanctions. On September 14, 2021, Nava filed oppositions to both motions indicating responses have now been served. Discussion Ashley Furniture has moved to compel responses to the...

Excerpt: ...ive First Amended Complaint (FAC) alleging the following five causes of action against defendants Lyft, Inc. (Lyft); John Doe Lyft Driver; and Alejandre: (1) Negligence (Against Lyft and John Doe Lyft Driver Only); (2) Negligent Infliction of Emotional Distress (NIED) (Against Lyft and John Doe Uber Lyft Only); (3) Negligent Hiring, Retention, Training & Supervision (Against Lyft Only); (4) Assault & Battery (Against Alejandre Only); and, (5) Int...

Excerpt: ... extent, what evidence will be presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. 2 As to any motion granted, the parties are ordered to refrain from conveying to the jury any of the evidence excluded without first obtaining permi...

Excerpt: ... the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof ...

Excerpt: ...nnot support his negligence cause of action; (ii) there is no admissible proof that Nguyen breached his duty of ordinary care and caused the subject vehicle collision; and (iii) based on the evidence, if Plaintiff was driving in a safe and reasonable manner, he would have had sufficient time to avoid the subject collision. Defendants further argue that however, due to Plaintiff's inattention and unsafe driving, he collided with the rear of Defend...

Excerpt: ... liberally construed so the Court will consider this and the remaining motions in limine brought by Defendant Esther Garcia (GARCIA). 2. The motion is granted. No evidence concerning the fact of the investigation of the California Commission on Teacher Credentialing (CTC) regarding GARCIA (including but not limited to, the complaint, investigation, investigative reports, findings, committee recommendations or administrative appeals) shall be ment...

Excerpt: ...ched to the Request for Judicial Notice filed September 13, 2021 but denies judicial notice of Exhibit I as irrelevant. 2 Demurrer to Second Amended Complaint: All demurrers are overruled. The elements of an infringement claim under California statutory and common law are plaintiff's earlier and continuous use of a trademark, defendant's subsequent use of a confusingly similar trademark, and likelihood of confusion in the minds of the public that...

Excerpt: ...e defendants knew there were intoxicated, aggressive, and dangerous patrons at the premises, but declined Mouton's request to call law enforcement. Defendants also failed to take any action to protect the safety of their patrons. Through the complaint filed on July 17, 2019, Mouton asserts causes of action for: (1) motor vehicle negligence against Does 90‐100, (2) general negligence, and (3) premises liability. Mouton also eventually name Leon ...

Excerpt: ...mplaint pleads ten causes of action: (1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (4) negligence failure to warn, train, or educate, (5) negligence per se, (6) constructive fraud, (7) intentional infliction of emotional distress, (9) sexual harassment (Educ. Code, §220), (10) breach of fiduciary duties, and (11) failure to perform mandatory duties.4 Defendants answered. The Complaint alleges LD was a student at Bars...

Excerpt: ...f Contract; (2) Estoppel; and, (3) Declaratory Relief. On May 7, 2021 Plaintiffs filed an Amendment to Complaint adding Needles Public Utility Authority as Doe 1. Prior to a responsive pleading being filed, and as a matter of right pursuant to Code of Civil Procedure, section 472, on May 7, 2021 Plaintiffs filed the now operative First Amended Complaint (FAC) alleging the following three causes of action against the City and Needles Public Utilit...

Excerpt: ... in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (§ 436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (§ 437, subd. (a).) Good Faith Meet and Confer Effort Code of Civil Procedure, section 435.5 provides in...

Excerpt: ... has been waived by the petitioner; or (b) Ground exists for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The moving party may also seek a stay of pending litigation either by itself ...

Excerpt: ...f witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any p...

Excerpt: ...ng a stipulation to strike the treble damage allegation and prayers. (Gillen Decl. at ¶3.) That is not a meet and confer. Nevertheless, the Court elects to exercise its discretion and consider the motion as the trial is a week away and a continuance for compliance is impossible. Additionally, it is unlikely a meet and confer will result in a consensus on the matter. 2. Plaintiff further asserts that the motion under Code of Civil Procedure §100...

Excerpt: ...CA Assoc.”], (2) Western Assoc. of Schools & Colleges [“Western Assoc.”], (3) Fiscal Crisis Management Assistance Team, CSIS Office [“Fiscal Team”], (4) Lindero Canyon Middle School [“Lindero”], (5) Los Angeles World Affairs Council [“LA Council”], (6) A.E. Wright Middle School [“AE Wright”], (7) Las Virgenes Unified School District [“Las Virgenes”], (8) Brandeis Hillel Day Schools (San Francisco) [“Brandies‐San Fran...