Excerpt: ... for purpose s of the ruling on a demurrer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri -City Hosp. Dist. (1992) 2 Cal.4th 962, 966- 967.) However, the Court does “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125...

Excerpt: ...e 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 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 likel...

Excerpt: ...nst Esqueda and Call Pros Inc. On November 7, 2022, Plaintiff filed an amendment to the Complaint naming Rooter Hero Plumbing, Inc. in place of “Doe 1.” On November 7, 2022, the Court issued an Order Re: Discovery Conference, which stated that prior to filing any discovery motion, the moving party must schedule a telephonic or video discovery conference (also known as an Informal Discovery Conference, or “IDC”) with all parties and the ...

Excerpt: ...s, Inc.; Prim e Healthcare Garden Grove, LLC, dba Garden Grove Hospital Medical Center; and Garden Grove Hospital. As a result, Ornelas commenced suit against those defendants, and the purported harasser Liza Martinez, on June 4, 2020. Ornelas contends that she began wo rking for Defendants in their hospital facilities as a certified nurse's assistant and her duties included basic patient care, such as feeding, changing clothes, bathing, etc. Or...

Excerpt: ...18 Ford Fusion ( “Subject Vehicle”) from Citrus in Ontario, California. Defendants' Separate Statement of Undisputed Facts (UF) #1. Only Ojeda is named on the sales contract. UF #2. The Song -Beverly Act allows only the buyer of consumer goods to seek redress for breac hes of the implied or express warranties. (Civ. Code, §1794, subd. (a); Atkinson v. Elk Corporation of Texas (2006) 152 Cal.App.4th 212, 222.) A buyer is “any individual who...

Excerpt: ...clude and/or identify the correct legal description of the Subject Property and that it was through mistake, error and/or inadvertence (through no fault of Plaintiff) that the NewRez DOT did not include and/or identify the correct full legal description to the Subject Property.” Plaintiff further argues all allegations of the complaint must be accepted because Miranda's purportedly responsive pleading does not appear to controvert any material ...

Excerpt: ...e accident by running a red light and sought monetary damages at trial. Defendant contested the nature and extent of Plaintiff's claimed injuries and damages. Relevant here, Defendant served Plaintiff an offer to compromise pursuant to Section 998 of the Code of Civil Procedure on March 16, 2023. That offer sought to resolve the matter for $50,001. Plaintiff did not accept that offer and the matter proceeded to a jury trial. As a result, on Febru...

Excerpt: ... Johns Pizz a, Aylin (Last Name Unknown), and Juan “Johnny” (Last Name Unknown)(collectively, Defendants). Martinez filed a first amended complaint (FAC) on July 7, 2023, against the same defendants but correcting “Carvu 2, Inc.” to “Cravu 2, Inc.” (Cravu). The FAC a lleges Martinez is a Hispanic male approximately 59 years old at the time his employment with Cravu ended. Martinez began working for Cravu as a delivery driver in July...

Excerpt: ...ees, missing items, un paid laundry use, legal and office expenses, travel time[,] gas and expenses to Court, postage, etc., as well as for Malice, Abuse, Libel, Slander, Defamation, Nuisance 1161(4) 4 [and] Conspiracy to Defraud.” (Compl., 1:22 -24.) Defendant Scott filed a “M oti on to D i s mi ss” o n D ec emb er 22, 203, and the pro per Defendants all filed general denials on February 6, 2024. The “Motion to Dismiss” is also writt...

Excerpt: ...es both motions, and Luong replies to both as well. The Court finds that the parties have met the meet and confer requirements under Code Civ. Proc., §§ 430.41, subd. (a)(3) an d 435.5, subd. (a)(3). Analysis Luong demurs to the Breach of Contract cause of action in the Cross -Complaint contending that it is a conclusory pleading. He demurs for failure to state a cause of action as well as uncertainty. Namely, Luong states that Frontier fails ...

Excerpt: ...ra Inc. filed a Cross- Complaint against Cross -Defendant Cavaniola. The Cross- Complaint pleads 4 cross- claims: (1) breach of contract, (2) open book acc ount, (3) account stated, and (4) reasonable value. Cross -Defendant Cavaniola answered. The pleadings allege that Cavaniola owns the property at 74221 Rocky Rd., City of 29 Palms. Cavaniola entered into a contract with Ficara Inc. to complete excavatin g, grading, and hauling on the property...

Excerpt: ... 2, 2022, Arbitrator Linda Miller (Judge-retired) issued her arbitration award in favor of Defendants. She denied InvestorsAlly's claims and awarded $116,967.54 in attorney fees and costs to Defendants Lindholm and Marina Resort. (See Ex. 1 to RJN Ex. 3 InvestorsAlly's verified motion to vacate arbitrator's award in CIVSB2025501 .) On February 2, 2023, the Court confirmed the arbitration award. InvestorsAllythen filed a motion to vacate the arbit...

Excerpt: ...r to the complaint filed by Defendant Shenzhou Xingyu Global. There is also an unopposed demurrer by Defendant Christopher (Chris) Currie. This proceeding was commenced on June 30, 2023, by Plaintiffs Lesly Zamora (“Lesly”) and Zaira Zamora, by and through her Guardian ad Litem, Karla Zamora Duran (“Zaira”, collectively “Plaintiffs”), asserting causes of action for: (1) negligence; (2) assault and battery; (3) premises liability; and...

Excerpt: ...ilure to Pay Compensation Due Upon Termination/Waiting Time Penalties; 6) Discrimination Based Upon Disability in Violation of the FEHA; 7) Failure to Accommodate Disability; 8) Retaliation in Violation o f FEHA; 9) Failure to Take All Reasonable Steps Necessary to Prevent Discrimination, Retaliation, and Hostile Work Environment in Violation of FEHA; 10) Aiding and Abetting in Violation of FEHA; 11) Failure to Prevent Unlawful Discrimination in ...

Excerpt: ...ation. Plai ntiff will have thirty days to leave to amend. Case Summary This is an insurance coverage dispute. Plaintiffs are married homeowners. Defendants Bamboo and Catlin are insurers. Other defendants are various adjusters and administrators for the atissue claim . Plaintiffs maintained a policy with Defendant Catlin for the period March 2, 2020, through March 2, 2021. Plaintiffs allege Defendant Bamboo is co -insurer or alter ego of Defenda...

Excerpt: ....4th 116, 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 ...

Excerpt: ...e was “run over ” by a forklift that was being operated by Mr. Jones while he was in the course and scope of his employment with Gebruder, Staffmark and Does 1 -100. On November 12, 2021, Staffmark filed in the operative Cross -Complaint against Gebruder and Roes 1 -2 5 alleging four causes of action: (1) total or comparative equitable indemnity; (2) declaratory relief; (3) breach of contract and (4) express indemnity. On November 27, 2023, ...

Excerpt: ...mination in violation of public policy. Defendant has demurred to all causes of actions on grounds that, inter alia, the causes of action are time -barred and/or fail to allege facts sufficient to state a cau se of action. Defendant also filed a motion to strike requested punitive damages. As to her opposition to the demurrer to the third and fourth causes of action, the plaintiff contends that the causes of action are not time barred because th...

Excerpt: ...tion.. Case S ummary This is a personal injury case. Plaintiff alleges that on or about April 26, 2019 he was injured when he stepped onto a nail that was exposed on a pallet at Defendant Home Depot's store. Plaintiff alleges that Defendant's negligence in handling and maintaining the pallets led to the injury. On May 6, 2021, Plaintiff filed a single cause for negligence. On June 3, 2022, Intervenor Amerisure Insurance filed a Complaint -in -I...

Excerpt: ...t so long as the moving party establishes the grounds for relief, the relief has been raised in a procedurally proper manner, and the motion is made within any applicable time limits. (Cruz v. Fagor America, Inc. (2007) 146 Cal.App.4th 488, 495.) Code of Civil Procedure §473, subd. (b) provides a court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order or other proceeding take...

Excerpt: ...(2) minimum wag es; (3) meal periods; (4) rest breaks; (5) final pay; (6) accurate wage statements; as well as (7) violation of the unfair competition law. By October 26, 2022, Plaintiff had filed his First Amended Complaint (FAC) to add a claim for civil penalties under the Private Attorneys General Act (PAGA). Plaintiff seeks to represent all non -exempt employees working in California during the statutory period. (FAC, ¶22; compare Settleme...

Excerpt: ...e the objections to the pleading. The parties Page | 2 must meet and confer at least five days before the responsive pleading is due, but if they are unable to do so, an automatic 30 -day extension of time within which to file the responsive pleading will be granted by filing and serving a declaration on or before the date the response would be due, stating a good faith attempt was made to meet and confer. The moving party then must file and ...

Excerpt: ... o f Electronic Protected Health Page | 2 Information and (b) 45 C.F.R. section 165.524 (right to access), and breach of the notification rule. He asks the stay be pending the investigation and any subsequent criminal proceedings. Now, civil litigations may be appropriately stayed when a party (generally the defendant) is subject to a criminal prosecution that may result in the party invoking his 5th Amendment privilege. (Pacers, Inc. v. Superio...

Excerpt: ...ugust 23, 1994, and DOES 1 through 10, inclusive: (1) Violation of Civil Code section 789.3; (2) Wrongful Eviction; (3) Breach of the Warranty of Habitability; (4) Breach of Covenant of Quiet Enjoyment ; (5) Unjust Enrichment; (6) Breach of Contract; and, (7) Intentional Infliction of Emotional Distress. Plaintiff alleged that she was wrongfully evicted from real property (“the property”) owned by the Donald and Barbara Atkinson Revocable Tr...

Excerpt: ...threatened by Debbie's boyfriend and, despite having notice of the abuse, Del Taco simply transferred R.G. to another store and continued to employ Debbie. After being transferred, R.G. left the employmen t, only to seek reemployment two years later. R.G. was informed he could be rehired on the condition that he did not tell anyone about the abuse. (Compl. at ¶¶ 10 - 13.) Based on Del Taco's failure to terminate or discipline Debbie, transferri...