Excerpt: ...ot this complaint. 2. Demurrerto the First Cause of Action for Breach of Contract: The demurrer is overruled. The complaint need only allege the contract's legal effect McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489, which has been done in this case given the "equal partners" allegation, among others. (Compl. at '1 8.) The revised UPA also provdes filler terms if needed. Jones v. Goodman (2020) 57 Cal.App.5th 521, 531. Franci...

Excerpt: ...ity Hospital ("Barstow Hospital"), Darla Smith, RN, Kathleen Japsay, RN, Kirsten Vall, RN, Michelle Merrill, RN, Margaret "Peggy" Ventura, Dr. Mohammad Marashi, and Kimberly Foster, RN (Doe 1). The operative First Amended Complaint (FAC) pleads 7 causes of action: (1) Battery by Morton against Barstow Hospital, Smith, Japsay, Vall, Merrill, Ventura, and Foster; (2) False imprisonment by London against all; (3) Medical battery-unconsented medical ...

Excerpt: ...forth below, the court grants the moton. Preliminary Approval of Class Action Settlements Settlement of a class action requires court approval. (Cal. Rules of Court, rule 3.769.) The moving party must demonstrate that "the settlement is fair, adequate and reasonable." (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 126; Reed v. united Teachers Los Angeles (2012) 208 Cal.App.4th 322, 337.) The court has "broad discretion in making ...

Excerpt: ... 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the stage of...

Excerpt: ... Amended Complaint AC") alleging two causes of action for Negligence—one against County, and the other against Doe Defendants 2 through 25. On March 30, 2023, County filed the current Demurrer to the first cause of action in the FAC on the ground it does not state facts suffcient to constitute a claim. Plaintiff opposes, and County replies. DISCUSSION l. Request for Judicial Notice County asks this court to take judicial notice of the following...

Excerpt: ...Agreement. Plaintiffs do not challenge that Decedent's claims are subject to arbitration, except to offer an unconscionability argument. Plaintiffs argue that the agreement is procedurally unconscionable because Decedent was given it on a take it or leave it basis. But Plaintiffs offer no evidence in support of this argument and the circumstances under which Decedent signed it. Moreover, on its face, the Agreement provides, "Residents shall not b...

Excerpt: ...r. According to the complaint, Plaintiff entered into a warranty contract with Ford on October 23, 2017 regarding a 2017 Ford F-150. Within the warranty period defects and nonconformities manifested themselves, including but not limited to engine and electrical. (Complaint, "15, 16.) Defendant Ford answered on May 24, 2022, generally denying the unverified Complaint and raising 15 Affirmative Defenses. At issue today is Defendant Ford's Motion fo...

Excerpt: ... hearing and consider the issuance of sanctons against the non-complying party. Demurrer: Defendant Christopher Felix (Felix) demurs to the 1st , 2 nd -9 th and 11th causes of action. He essentially argues that the claims are those asserted against a landlord/lessor to which he is not identified as such, and the lease agreement attached to the Second Amended Complaint (SAC) identifies the landlord/lessor as Rancho Homes. Additionally, the allegat...

Excerpt: ...lution of the LLC, and (2) breach of contract. Defendants answered. On March 9, 2020, with leave of court, Plaintiff filed his First Amended Complaint (FAC) against the same four defendants. Defendants answered. On September 19, 2022, again with leave of court, Plaintifffiled his Second Amended Complaint (SAC), alleging nine causes of action against the same four defendants. Defendants demurred and the Court sustained the demurrer, with leave to ...

Excerpt: .... Case Summary This is an auto-accident and personal injury matter. It arises from an accident that occurred on January 18, 2021 on the 1-10 freeway, heading Eastbound, west of the Mountain exit in San Bernardino County. On or about March 22, 2022, Plaintiff filed a form pleading generally naming as Defendants EAN Holdings, LLC; Birdo, Jr.; Jose Ramirez; Antonio Ramirez; Los Angeles Co. Metropolitan Transportation Authority; the City of Los Angel...

Excerpt: ...-only classes. Defendants demur on three grounds: First, defendants contend the class representative, Chris Fairless, lacks standng because he does not alleged that he attempted to join the class but was excluded. Second, defendants contend a class cannot be certified because the allegations demonstrate that questions of fact predominate. Third, defendants contend that as a matter of law, providing a women-only gun class does not violate the stat...

Excerpt: ...08 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the stage of t...

Excerpt: ...and (4) credit extended. Defendant Mulica answered. The Complaint alleges Discover Bank issued a credit card to Mulica who incurred a debt of $5,456.82. Plaintiff Discover Bank moves for summary judgment/adjudicaäon. Defendant Mulica opposes. DISCUSSIONS Statement of the Law A summary judgment motion cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 84...

Excerpt: ...ignee of Department Stores National Bank and lists two causes of action - account stated and open book account. On June 30, 2022, Calvary filed a proof of service of summons showing personal service on Martha Guzman at her home him Hesperia on June 25, 2022 at 2:25 p.m. Service was by an independent registered process server, William Hampton. The Court docket reveals that on July 28, 2022, a document presented by Defendant Guzman was returned by ...

Excerpt: ...f's beneficiaries and dependents. Any inadvertently disclosed confidential information will be subject to the protective order already filed with the Court on February 23, 2023. The motion to quash would otherwise be DENIED. However, given the reasonableness of the positions of both parties, the Court would DENY sanctions as to either side. Case Summary This is a race discrimination and harassment case. Plaintiff began his employment as a deliver...

Excerpt: ...nd (5) Negligent Misrepresentation [as to Giant only]. Plaintiff alleges that on or about August 8, 2021, she and her husband went to Giant's retail location in Montclair, California to consider the purchase of a motor home. After talking to one sale representative about their needs and intended use of a motor home, Plaintiff and her husband left and returned the next day. They talked to the same sale representative, and he introduced them to his...

Excerpt: ...ngeles (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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and...

Excerpt: ...G. Pascal (Decl. Pascal) 3, Exhibit 1.) On December 6, 2021, GM filed its first Motion for Protective Order, which was set for hearing on February 17, 2022 and was by Plaintiff. This motion was apparently taken off calendar because as the Court had issued an Order Re: Discovery Conference, on February 14, 21N2, which GM had not complied with prior to filing its Motion for a protective order. On July 8, 2022, GM filed its second Moton for Protecti...

Excerpt: ...2) 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class achon status through trial, the amount offered in settlement, the extent of discovery completed and the stage ...

Excerpt: ...l back pay and benefits, and reimburse her for attorney's fees related to this action. On February 7, 2022, the Court (Judge Arreola) sustained the District's demurrer to Kammeyer's petition with leave to amend. 2) Demurrer Sustained to Kammeyer's First Amended Petiton for Writ of Mandate On March 1, 2022, Kammeyer filed her verified First Amended Petitoner (FAP) for writ of traditional mandate (Code Civ. Proc., S 1085) or administrative mandate ...

Excerpt: ...premise liability and (2) negligence. Defendants BBV and McGraw answered. The Complaint alleges on July 11, 2020, Bradford was a short-term renter at 42942 Falls Ave., Big Bear Lake, when she fell after a wood step leading up to the front door broke ("1 & 8). McGraw and BBV owned, managed, controlled, and operated the property (97). Defendants McGraw move for summary judgment/adjudication. Plaintiff Bradford opposes. Defendants McGraw reply. Judi...

Excerpt: ...eachers 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 plaintiffs' case, the risk, expense, complexity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery...

Excerpt: ...pertaining to Code of Civil Procedure section 1010.6, subdivision (3)-(6) and certified court reporter trial transcripts of 1 "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Kilroy v. state of California (2w-4) 119 cal.App.4th 140, 145.) Page | 2 12/19...

Excerpt: ...ass counsel are well- qualified to represent the class. The representatives are also qualified to represent the class, with the exception of plaintiff Ramos, who has not submitted a declaration. The settlement was reached through arms-length negotiations with the assistance of a mediator. The division between the class action and the FLSA collective achon is reasonable and appropriate. The deductions from the gross settlement amount for attorney ...

Excerpt: ...rman, he spoke with Plaintiff's counsel on February 24, 2023, regarding the issues in the demurrer but the parties were unable to reach an agreement. (Decl. Silverman, '14.) The Court finds the meet and confer requirement SATISFIED under CCP 430.41(a). II. DEMURRER A. 1 st Cause of Acton: Invasion of Privacy under the California Constitution, a person holds a right of privacy. (Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129.) ...