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