Excerpt: ...ntiff's claims were time-barred on the face of Plaintiff's complaint and Plaintiff failed to plead facts supporting application of the delayed discovery rule or tolling based on equitable estoppel. The Court granted leave to amend. On August 1, 2023, Plaintiff filed his operative First Amended Complaint (FAC), which includes the same facts previously pleaded by Plaintiff (see FAC "1-27) and additional facts relating to delayed discovery and tolli...

Excerpt: ...ase Summary This is a wage-and-hour class and representative action. Plaintiff was employed by Defendant as a manager from March of 2010 to June of 2022. On October 21, 2022, he filed complaint against Defendant, seeking to represent all non-exempt California employees during the statutory period, and alleging violations relating to (1) wages; (2) rest breaks; (3) meal periods; (4) wage timeliness; (5) accurate wage statements; (6) waiting time p...

Excerpt: ...buts Defendants' residence in May of 2012. He alleges that issues with Defendants in 2020. Roughly, Plaintiff alleges, among other things, the cutting of privacy hedges and other plants; the leaving of dog feces; a constantly barking dog; and the installation of invasive cameras. Plaintiff further alleges that tensions escalated to assault with great bodily harm against him on April 3 and April 19, 2021, with continuing threats into 2022. On Nove...

Excerpt: ...ng Hu, M.D., Ramesh Chander Bansal, M.D., Sharmin Kalam, M.D., Sahibzadi Mahrukh Noor, M.D., Cory James Toomasian, M.D., Felipe Jose Zinkweich, M.D., Jennifer L. Mohr, PA-C, KNO Development 55, LLC dba Kindred Hospital Rancho (Doe 1) ["Kindred"] and Faculty Physicians and Surgeons of LLLJSM (Doe 2) ["Faculty Physicians"]. The operative First Amended Complaint (FAC) pleads 3 causes of action: (1) dependent adult abuse (neglect) by Estate against L...

Excerpt: ...motive work, among other things. He worked for Defendant from October of 2020 through approximately December 2022. On April 7, 2023, he filed complaint against Defendant, seeking to represent all nonexempt California employees during the statutory period, and alleging violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) waiting time penalties; (6) accurate wage statements; (7) wage timeliness; (8) r...

Excerpt: ...mamoto. The operative Second Amended complaint (SAC) alleges causes of action for (1) racial discrimination in violation of the California Fair Employment and Housing Act (FEHA); (2) racial harassment resulting in hostile work environment in violation of FEHA; (3) failure to prevent or in violation of FEHA; (4) intentional infliction of emotional distress (IIED); (5) violation of the Unfair Competition Law UCL; (6) retaliation in violation of FEH...

Excerpt: ...dson, M.D., erroneously sued and served as Hudson Parke, M.D.; and Caitlin Suzanne Borkowski, M.D. This action was commenced on October 28, 2020 by minor Plaintiff David Tavatyan ("Plaintiff' or "Tavatyan") through his guardian ad litem, Vilen Tavatyan, asserting causes of action for: (1) professional negligence (medical malpractice); (2) negligent hiring and retention; and (3) negligent infliction of emotional distress. The complaint alleges tha...

Excerpt: ... compensation for an attorney who has rendered services in connection with a legal proceeding, the trial court has broad discretion and wide latitude, and the court may make its own determination of the value of the services contrary to, or without the necessity for, expert testimony. P LCM Group, Inc. v. Drexler (2000) 22 Cal. 4th 1084, 1095. The burden is on the party seeking attorney fees to prove that the fees it seeks are reasonable. (Center...

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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...age-and-hour class and representative action. Plaintiff was employed by Defendant as a cook from February 2020 through approximately July 22, 2022. Her operative First Amended Complaint (FAC) alleges violations relating to (1) overtime wages; (2) minimum wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) sick pay; (7) wage timeliness; (8) waiting time penalties; as well as (9) violation of the unfair competition law; and (10) civi...

Excerpt: ...aint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Roman v. County of Los Angeles (2000) 85 cal.App.4th 316, 324-325; stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 cal.App.4th 303, 321.) If the dates in question are not shown on the face of the complaint, there is no ground for general or special demurrer (dates not being essential t...

Excerpt: ... paragraph; and must state whether the challenge is to the entire pleading or to some specific cause of action therein. (Cal. Rules of Court, rule 3.1320(a).) Here, although Defendant's notce of hearing and memorandum contain passing references to uncertainty, Defendant's demurrer only includes a single ground for demurrer—that Plaintiff failed to plead facts suffcient to state a cause of action. (See Dem 3.)1 Thus, the Court construes Defendan...

Excerpt: ...d confer may subject that party to sanctions by the Court. Demurrer: 1. Statute of Limitations Re First through Third Cross-claims: The demurrers are overruled. It is not clear from the face of the pleading whether or not fraudulent or negligent conduct of Plaintiff, Cross-Defendant Zhu is alleged with respect to the quiet title, breach of fiduciary duty and accounting claims. These are subject to different statute of limitations. (See Code Civ. ...

Excerpt: ...derstanding of the amount that is in controversy and the realistic range of outcomes of the litigation." (Munoz v. BCI Coca- cola Bottling co. (2010) 186 cal.App.4th 399, 409-410, quoting Kullarv. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116.) Here, notably absent in the Page 5 submitted declaration is any analysis or even indication of the amount in controversy. (See Matavosian Decl., generally.) The Court declines to speculate on valuati...

Excerpt: ... transmission, and breaks. She further alleges that, despite a reasonable number of attempts, the Defendant was unable to fix the vehicle. Further that the manufacturer failed to replace or make restitution, as required by the Song-Beverly Act (Act). On August 25, 2022, Plaintiff filed a Complaint against the vehicle's dealer and manufacturer, alleging (1) violation of Act — breach of express warranty (against manufacturer); (2) violation of th...

Excerpt: ...information. Based on these allegations, plaintiffs initially commenced suit on March 24, 2022 for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under the Act; and (3) fraudulent inducement — concealment. In response to the lawsuit, Honda demurred to the third cause of action and moved to strike the request for punitive damages. The Court sustained the demurrer with leave t...

Excerpt: ...must make himself available to oral and telephonic communications from defense counsel if he remains self-represented. Plaintiff is urged to seek legal representation in this acton. Plaintiff filed exhibits in his Opposition to the Demurrer. This is improper as the Court may only consider the Complaint and matters to which it can properly take judicial notice. Therefore, the Court did not consider these exhibits. Motion to Compel Deposition Subpo...

Excerpt: ..." - a staffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolon...

Excerpt: ...d on June 20, 2020 as a result. Plaintiffs filed their original complaint on March 25, 2021, alleging a single cause of action for wrongful death and asserting that the lack of a fence was the cause of the death. On June 14, 2022, Plaintiffs attempted to file a First Amended Complaint, amending to assert four causes: (1) wrongful death — Section 835; (2) wrongful death —Secton 1983 [re denial of care]; (3) wrongful death —Section 1983 [re f...

Excerpt: ...ke, GM contends Plaintiff's request for punitive damages is improper as it is not supported by the allegations. Both motions are supported by a meet and confer declaration from attorney Jesse Valencia. Plaintiff opposes both motions and GM has replied. DISCUSSION The Fourth Cause of Action for Concealment An overview of the law "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or su...

Excerpt: ...uses of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. On May 1, 2023, The Court granted Defendant HT Realty's motion to strike from the complaint the punitive damage and attorney fee prayers with leave to amend. On May 19, 2023, Plaintiffs filed their First Amended Complaint ("FAC") alleging the same five causes of action as the original Co...

Excerpt: ...wn purposes and to pay other investors as part of a pyramid scheme. The Judicial Council Form Complaint filed April 2, 2021, seeks damages of $302,800 for the unpaid promissory note, interest and attorneys' fees. The Complaint lists Daluvoy, Interstate, and Daluvoy's wife, Devi Daluvoy as the three Defendants. At issue is Daluvoy's Moton to Set Aside Default. Service/Default History The docket shows Plaintiff first sought Default on October 27, 2...

Excerpt: ..., as Plaintiff has failed to demonstrate good cause for supplemental responses to these overbroad requests. As to Requests for Sanctions: The Court would decline to impose sanction. The Court finds substantial justification in that Plaintiffs failed to fully exhaust the meet and confer process prior to bringing their motion and, in fact, were not fully successful in their efforts. Case Summary This is a lemon law case. On August 2, 2022, Plaintif...

Excerpt: ...ntial value].) As to the Demurrer: The Court would SUSTAIN the demurrer with thirty (30) days' leave to amend. Case Summary This is a representative action pursuant to the Private Attorneys General Act (PAGA). Plaintiff filed his original complaint on January 7, 2021, seeking to represent aggrieved employees seeking penalties in the statutory period for violations relating to (1) minimum wage; (2) overtime wages; (3) accurate records; (4) rest br...

Excerpt: ...per, alleged causes of action for breach of contract and a common count. Placencia specified damages of $78,500 in the prayer, $10,000 in the breach of contract cause of action, and $88,600 in the common count cause of action. Poblano, also acting in pro per, filed an answer on January 24, 2022. Poblano retained counsel and a substitution of counsel was filed on June 22, 2022, stating he was now represented by M.C. Earle. On October 7, 2022, Plac...

Excerpt: ...ity); San Bernardino County Sheriff's Department, and K. Garc:ia Payton. On September 6, 2023, Plaintiff filed a combined opposition and on September 11, 2023, Defendants filed a combined reply. Analysis Gov. Code, S 815, Absence of Liability for injury except under statute; Liability as subject to statutory immunity and defenses, states: Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury...

Excerpt: ...Center (Golden Home), which is owned and operated by defendant Letitia Isai (Isai; together, Defendants). Taylor alleges Defendants failed to account for her high risk of falls and she sustained falls resulting in a fractured humerus and an acute right femur fracture, and then failed to seek out medical care for her. Taylor's complaint alleges four causes of action: (1) Elder abuse under Welfare & Institutions Code 515600, et seq.; (2) negligence...

Excerpt: ...meliness; (6) final pay; (7) record maintenance; (8) wage statements; (9) improper calculation and provision of sick leave; (10) unfair competition law; as well as (11) civil penalties underthe Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow early mediation. Thereafter, on January 5, 2023, the parties engaged in a full-day, a...

Excerpt: ...attorney's fees are "allowable costs." (Code Civ. Proc., 51033.5, subds. (a)(10)(A), (8), & (C); Santisas v. Goodwin (1998) 14 Cal.4th 599, 606.) Page | 2 Costs statutes are to be strictly construed. (Sequoia Vacuum Systems v. Stransky (1964) 229 Cal.App.2d 281, 289.) If the items appearing on a costs bill appear to be proper charges, the party seeking to tax costs bears the burden of showing they are not reasonable or necessary. If the items are...

Excerpt: ... negligence and intentional tort. Within each cause Plaintiff asserts allegations of (1) failure to provide habitable dwelling; (2) breach of covenant of quiet enjoyment; (3) negligent infliction of emotional distress (NIED); (4) violation of Los Angeles Municipal Code, section 151.00; (5) violation of Los Angeles Municipal Code, section 161.903.3.3.2; and (6) retaliatory eviction. Generally speaking, the Complaint asserts that Plaintiff leased a...

Excerpt: ... trustees of the Mark Crabtree and Anju Sharma Living Trust 2015 dated February 10, 2015, filed their complaint against Defendants Optimal Technology, LLC, Athanor Environmental Services, lnc„ National Environmental Services, LLC, and Golden Bank (Doe 1). Property in Boron was purportedly contaminated after a fuel pipeline was breached by drilling. The drilling occurred as the result of defendant Golden Bank's "Phase II Investigation" or due di...

Excerpt: ...t thirty (30) days leave to amend. Case Summary This is, essentially, a breach of contract and conversion case. On or about June 16, 2017, Plaintiffs' mother entered into a written agreement for three (3) storage units, owned and operated by 3855 IH 35 North, LLC (sued as "Phelan Self-storage"). The storage units were necessary to store "personal property," including various family heirlooms. The units were being paid by automatic withdrawal from...

Excerpt: ...ssume, to some extent, what evidence will 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 at trial. The denial or grant of these motions is without prejudice. Where either party has sought to limit argument of the other party, the motion is denied. Motons in limine are used to preclude evidence. Many o...

Excerpt: ... legal cause; and (4) damage to plaintiff. (George A. Hormel & Co. v. Maez (1979) 92 Cal.App.3d 963, 965; 4 Witkin Cal. Proc. Plead S 537.) Page | 2 In this case, the form-SAC contains the cursory elements of a negligence claim as the pleading indicates all defendants owed a duty, breached the duty, and that the breached caused negligence. (See SAC at pp. 23-26.) In the demurrer, the focal point is whether a duty of care was owed between Ferra an...

Excerpt: ...ed contractor. Further, Plaintiffs allege that Defendant failed to memorialize the parties' agreement for the work in writing. Subsequent to the work, Defendant recorded a mechanics lien against the property in the amount of $41,095.60. On May 13, 2021, Plaintiffs filed a verified Petition for Release of Property From Lien. On November 19, 2021, Defendant filed an unverified Answer in response. Now, Plaintiffs move for judgment on the pleadings o...

Excerpt: ...nt (FAC), adding a cause 4 of action for civil #naltes under PAGA. Per his complaint, Plaintiff soughtto represent all current and former non-exempt employees employed within California at any time within four years prior to the filing of the complaint. After commencing the litigation, the parties agreed to informal discovery in anticipation of early mediation. Defendant provided relevant payroll records, as well as the number of putative class m...

Excerpt: ...o enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the...

Excerpt: ...tal responses to each form of discovery on January 31, 2023. (Fields Decl., 98; Exh. 4.) Fields then initiated scheduling the IDC, which was heard on March 24, 2023. Directly following the IDC, Fields requested an extension of the motion deadline, which Abdeljawad declined. (Fields Decl., 910.) Abdeljawad declares in opposition he never agreed to extend the deadline. (Abdeljawad Decl., 914.) The motion was due to be filed within 45 days after the...

Excerpt: ... to the interrogatory. If she does not, she must state that in her interrogatory response. Defendant must respond based on the information she has at the time she responds to the interrogatory. To the extent Defendant's responses are based on vague, blanket assertions of privilege without production of a privilege log, they lack merit because "if an objection to a document request is based on a claim of privilege or work then the response to the ...

Excerpt: ... for the sale of one parcel to Kara Flietstra and Roberto Toste. Defendant Walter Leroy Dwyer, Jr. represented MAGIC and the buyers in connection with the deal. The agreement left negotiations on certain easement terms and the transferability of dock rights that MAGIC held in connection with its other property, parcel C. When MAGIC determined that the City would not permit the transfer of the dock rights, Dwyer allegedly pressured MAGIC into clos...

Excerpt: ... v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Zhang alleges the negligently handled her request for landscape changes by: (1) failing to incorporate and u#ate the CC&Rs to comply with state and federal law; (2) misleading Zhang to change her lawn to sand without first obtaining approval; (3) failing to effectively communicate with Zhang; (4) failing to conduct a meeting in a safe and effective manner to resolve issues and failing to allow ...

Excerpt: ...at this time. Case Summary Plaintiffs filed their Complaint on September 28, 2021, alleging causes of action for (1) negligent trespass; (2) negligent destruction of real property; (3) intentional trespass; (4) intentional destruction of real property and trees; and (5) abatement of private nuisance. The controversy stems from Plaintiffs' allegations that their Defendant neighbors, Kief and Manilow, paid to construct a 12-foot wide pathway along ...

Excerpt: ...ome or all of the issues to the extent the Court later concludes that any issues lack commonality. Case Summary On March 3, 2022, Plaintiff filed a wage-and-hour class action against his former employer based on his employment from February 2021 to May 2021. (See CIVSB2203720 [the "Class Action" l.) The Class Action includes eight causes of action for (1) violation of the unfair competition law; as well as violations relating to (2) minimum wages...

Excerpt: ...ises liability. In the operative First Amended Complaint, Plaintiff alleged he stepped into a hole located in or about a grassy area of the premises while he was playing soccer with family and friends. (FAC, 13.) Plaintiff submitted a notice of claim to the City of Ontario. On January 28, 2021, the City filed an answer. Plaintiff filed an amendment to the complaint naming Merchant Landscape Services, Inc. as DOE 1. On April 1, 2022, a first amend...

Excerpt: ...trated to be relevant or helpful to the dispute where the published appellate decision of Randy's Trucking controls the issue. Motion for Reconsideration: On July 25, 2023, the Court issued a detailed ruling in which the Court granted Defendant's motion for a mental examination, subject to certain provisions and a Protective Order and continued the hearing on the motion for the parties to meet and confer over the date and time of the examination ...

Excerpt: ...of the services contrary to, or without the necessity for, expert testimony. PICM Group, Inc. v . Drexler (2000) 22 Cal. 4th 1084, 1095. The Court should consider the nature of the litigation, its difficulty, the amount involved, the skill required and the skill employed in handling the litgation, the attention given, and the success of the attorney's efforts and his or her experience in the particular type of work demanded. Contractors Labor Poo...

Excerpt: ...ssue is Defendants' Demurrer and their Motion for Sanctions. Meet and Confer: Defendants have filed their Declaration of Demurring Party In Support of Automatic Extension. Within their filing, Defendants represent that Plaintiff's counsel has not responded to their letters and phone calls, and that Defendants would make a final effort to meet and confer before filing their Demurrer. The Demurrer makes no mention of this requirement. However, Defe...

Excerpt: ...ledge, did not comply with this Order. Therefore, the Court sets an OSC Re Sanctons against Plaintiff Humberto Aranda and his attorneys, CONSUMER LAW EXPERTS, P.C. and Nancy Zhang, Attorney at Law, set for October 24, 2023, at 8:30 a.m. in Department S29. No appearance is required by Defendant at this hearing. The judicial assistant shall give notice of this OSC. Motion: The motion is granted. With respect to compelling compliance where the respo...

Excerpt: ...e followed before filing a motion for judgment on the pleadings under Code of Civil Procedure section 438. (Code Civ. Proc., S 439.) Thus, before filing a statutory motion for judgment on the pleadings, the moving party's counsel must meet and confer, in person or by telephone, with counsel for the party who filed the pleading subject to the judgment on the pleadings motion "for the purpose of determining if an agreement can be reached that resol...

Excerpt: ...indicates that on August 4, 2021, plaintiff served a deposition notice for a September 9, 2021 deposition. GM objected. (Sanaia Decl., 23-24, Exhs. 7, 8.) On May 3, 2023, Plaintiff served a first amended notice of deposition, with a document demand, noticed for May 18, 2023. GM objected on May 11th and confirmed it would not produce a witness at the scheduled time, but would produce a witness at an agreeable date and time. GM also detailed fts ob...

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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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...

Excerpt: ...23 by Plaintiffs M.J.B.B. and M.D.B.M„ minors through their guardian ad litem W.B. (collectively, "Plaintiffs") asserting causes of action for: (1) sexual battery in violation of California Civ. Code, 51708.5; (2) gender violence in violation of California Civ. Code, 552.4; (3) battery; (4) assault; (5) false imprisonment; (6) interference with exercise of civil rights (Civ. Cade, 552.1); (7) intentional infliction of emotional distress; (8) ne...