Excerpt: ...ewage backup -nto the insured's home. On April 25, 2023, the Plaintiff filed this instant suit against Defendants City, NPL and Federal Insurance Company. Defendant City filed the instant demurrer in response on July 28, 2023. Statement of Law A demurrer challenges defects that appear on the face of the pleading, which includes incorporated exhibits, or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 c...

Excerpt: ...74, among other cases cited in Plaintiffs Moving Papers; (2) The specific defects that affected the Subject Vehicle, including: a. Transmission Defects (Request Nos. 7-17); b. Engine Defects (Request Nos. 18-28); Page 2 c. Electrical Defects (Request Nos. 29-39); and, d. Structural Defects (Request Nos. 40-50) (Subject Vehicle Discovery). GM's Opposition: GM asserts that Plaintiff's motion to compel should be denied on the merits. GM argues that ...

Excerpt: ...iff sustained severe injuries to his shoulder, neck, left elbow and back. Plaintiff's deposition was taken on June 29, 2020 by Defendant. On October 4, 2023, Defendant filed his Motion to Compel an Additional Deposition of Plaintiff. Plaintiff opposed and Defendant replied. "Any party may obtain discovery...by taking in California the oral deposition of any person, including any party to the action." (Code Civ. Proc., S 2025.010; see Code Civ. Pr...

Excerpt: ...Witnesses (Motion) and Adhere to CCP 2034.450 (Request). Defendant's Motion and Request are supported by a declaration from counsel, Jeffrey A. Walker (Mr. Walker). Plaintiffs filed their Opposition to the Motion on October 26, 2023, which consists of a declaration from Plaintiffs' counsel, John Girardi (Mr. Girardi). Defendant filed his Reply on October 30, 2023. II. ANALYSIS Procedural Issues Plaintiffs' Untimely Opposition: Plaintiff's Opposit...

Excerpt: ...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 settle...

Excerpt: ...om disputes surrounding a former joint business venture and alleged fraudulent transactions that occurred from approximately 2018 through December, 2019. Default was entered against defendants on September 10, 2020. At a Trial Setting Conference on December 1, 2020, Plaintiffs' counsel advised the court they were preparing a 585 packet. Plaintiffs subsequently filed their first amended complaint ("FAC") the following day on December 2, 2020 asser...

Excerpt: ...ainst Hernandez only; (4) assault against Hernandez only; (5) intentional infliction of emotional distress against Hernandez only; (6) negligent infliction of emotional distress; (7) gender violence; (8) hostile work environment sexual harassment; (9) failure to prevent and remedy harassment in violation of FEHA; (10) constructive discharge in violation of FEHA; and (11) conversion against Hernandez only. Hernandez subsequently crosscomplained ag...

Excerpt: ...onsidered. DISCUSSION Improper Inclusion of Facts in Demurrer The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick, supra, 82 Cal.App.4th at p. 357.) In analyzing the sufficiency, the court assumes the truth of all material facts that have been properly pleaded, of facts that may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be t...

Excerpt: ...ng party perm-ts. (b) Each answer shall: (1) Admit so much of the matter inwlved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (c) If a responding ...

Excerpt: ...greement by permitting defendant QN Link, Inc. (QN) to utilize some of the storage space, which in-turn, permitted defendant HK Sishun Trade Co., Limited (HK) to also use some of the space. As a result, Egreen commenced suit against Fullhouse, QN, and HK on January 17, 2023. The operative first amended complaint (FAC) was then filed as a matter of right on May 24, 2023. The FAC removes QN and HK as defendants, but includes Jiantong Chen (Chen), X...

Excerpt: ...dant argues in his Motion that the responses were incomplete or evasive and did not allow Defendant to properly assess Plaintiff's claim for damages. Further, Defendant argues Plaintiff's objections were without merit and too general. In his Opposition, Plaintiff indicates a supplemental response to *cial Interrogatories No. 4, 6 and 7 was served to Defendant on October 20, 2023. Plaintiff argues at this time the only remaining issue is that of s...

Excerpt: ...3, 2023. Defendant filed its Opposition to Plaintiff's Moton (Opposition) on October 19, 2023 II. DISCUSSION Plaintiff's Motion Defendant's cost memorandum, which was submitted on Judicial Council Form MC-OIO, seeks a total of eight thousand and forty-nine dollars and eighty-three cents ($8,049.83). These costs include two thousand and fifty-five dollars and thirty-eight cents ($2,055.38) for filing and moton fees; two thousand two hundred dollar...

Excerpt: ... On June 7, 2021, Plaintiff filed a First Amended Complaint, adding wage-and-hour class claims. The operative Second Amended Complaint (SAC) was filed on December 22, 2022, alleging (1) civil penalties pursuant to PAGA, as well as class claims for violations related to (2) minimum wages; (3) overtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) final pay; (8) reimbursements; and (9) the unfair competition law. After commencing lit...

Excerpt: ...ertime; (4) meal (5) rest breaks; (6) wage statements; (7) reimbursements; and (8) timeliness of wage payments. On April 10, 2023, Plaintiff consolidated into this matter a cause of action for (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow Plaintiff's counsel to analyze and value the case ...

Excerpt: ...) as evasive or incomplete, an objection is without merit or too general, or the exercise of the option to documents is unwarranted or the required specification of those documents is inadequate can move to compel further responses. (Code Civ. Proc., 52030.3W, subd. (a).) The motion to compel must be noticed within 45 days of receipt of the responses (plus the additional time if not personally served). (Code Civ. Proc., "2030.300, subd. (c), 2031...

Excerpt: ...ting De La Torre was personally served at 11196 Charleston St., Adelanto, CA 92301-6124 on February 11, 2014. No response was ever filed and on April 24, 2014, a default and default judgment was entered against De La Torre for a total of $8,075.18, including costs and interest. Plaintiff has filed memorandums of costs and accrued interest on June 30, 2015, December 7, 2017, June 19, 2018, May 2, 2019, February 24, 2021, December 1, 2021, December...

Excerpt: .... The motion is denied as to Form Interrogatory No. 17.1 based upon the Court's ruling on the Request for Admissions. 2. Motion to Compel Further Responses to Special Interrogatories (Set 1) Against Defendant Yiming Qiu: Defendant Yiming Qiu is ordered to serve a answers, without objections, to Special Interrogatory Nos. 3, 4, 6-9, and 11-25 on or before November 30, 2023. Defendant Yiming Qiu is ordered to serve further answers, without objectio...

Excerpt: ...t, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of gtncl cause. (CINIe Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the examin...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...sition to the Moton on October 13, 2023, along with a declaration from Plaintiffs' counsel, Michael Bean (Mr. Bean). Plaintiffs filed their Reply in Support of the Motion (Reply) on October 19, 2023. II. ANALYSIS Plaintiffs move to strike or tax three items in Defendant's memorandum of costs: (1) costs of one thousand and seventy dollars ($1,070); (2) court reporter fees of two thousand two hundred and sixty-six dollars and forty-six cents ($2,26...

Excerpt: ...to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed suit 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; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) i...

Excerpt: ...der the custody and control of a statelicensed foster home. The abuse allegedly extensive and continued until she was sixteen. Defendant Doe 3 allegedly abused in excess of five minors. Plaintiff alleges that, despite an investigation and various reports of misconduct, the District simply moved Doe 3 around in the District. Further Plaintiff alleges that a caseworker for the foster agency not only ignored the claims but accused her of lying. (Com...

Excerpt: ...Over the next several months, the parties met and conferred. In the course of those discussions, Defendant agreed to produce supplemental response to RFPs 44 and 45. (Tretola Decl. 95, Ex. C.) On March 23, 2023, Defendant served supplemental responses to the RFPs, which did not include a supplemental response to RFP 45. Also, several of the responses included an agreement to produce documents. However, no such documents were produced. (Tretola De...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...int #1's case, Defendant Pathak filed indicating relation of the cases. (See, e.g., Motion for Reconsideration, 4/17/23 [listing Complaint #2 as a related casel.) 3 Plaintiff also asserts that Judge McCarville somehow lacked jurisdiction. This assertion is without citation or support. The Court notes that Code of Civil Procedure, section 1408, vests trial courts with such jurisdiction. 7 competition; (10) penalties under Section 210; (11) penalti...

Excerpt: ... law and policy a defendant owes no duty to protect a plaintiff from particular harm. Avila v. Citrus Community college Dist. (2006) 38 cal.4th 148, 161 ["Avila"]; Knight v. Jewett (1992) 3 cal.4th 295, 314-15 ["Knight"]. The court does not ask what risks a particular plaintiff subjectively knew of or chose to encounter, but evaluates "the fundamental nature of the sport and the defendant's role in or relationship to that sport in order to determ...

Excerpt: ...or civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, the Complaint alleges Labor Code violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) wage timeliness; and (7) final pay. Notably, prior to the instant action, Plaintiff had already filed a wage-and-hour class action in San Bernardino County (CIVS82305885) based on the same underlying violations...

Excerpt: ...rustment against TLC, VGM, Muzzammil, and Aijaz. The Complaint alleges on October 11, 2019, Zepeda was a passenger in the vehicle driven by Hamed. Hamed was driving at an unsafe speed when he rear-ended another vehicle. Zepeda sustained injuries. Hamed was unlicensed at the time of the accident. He was driving in the course and scope of his employment with TLC, VGM, Muzzammil, and Aijaz ("12-14, 17). Defendant VGM moves for summary judgment or ad...

Excerpt: ...lfour filed two separate replies. The motion was served one-day short of the notice period 75 days, plus 2 days for electronic service required the motion to have been served on August 9, 2023. But given both Plaintiffs opposed and did not raise service as an issue, the Court deems any issues with service as waived. (Carlton v. Quint 77 Cal.App.4th 690, 697.) This matter is set for trial on July 22, 2024. DISCUSSION Balfour's MSJ At issue is an a...

Excerpt: ...ember 5, 2023, Plaintiff's counsel, Vahe Khojayan (Mr. Khojayan), emailed Plaintiff's counsel, Rick Augustini (Mr. Augustini), regarding the subpoena and indicating Mr. Liu "continues to assert attorney-client privilege and work product doctrine for all communications with Mr. Pang." Mr. Khojayan stated that failure to withdraw the deposition and modify the items requested by September 6th would result in his filing of a motion to quash subpoena....

Excerpt: ...ffs to provide verified responses to all of Defendant's discovery requests without objections by March 14, 2023. On September 5, 2023, Defendant filed the instant Motion for Terminating and Monetary Sanctions (Motion) due to the failure of the Plaintiffs to provide the discovery responses ordered by the court on February 28, 2023. The Motion is supported by a declaration from Defendant's counsel, Rodolfo Gonzalez. Plaintiffs filed an untimely Opp...

Excerpt: ...sel represented that they had reserved a motion to be relieved from a waiver of their objections. Based upon these representations, the Court ruled on one of the motions to compel and continued the remaining four motions to compel and ordered the parties to meet and confer and for Plaintiff to file a revised Separate Statement by October 11, 2023 and any further Opposition by October 16, 2023. The Court did not receive the required further Separa...

Excerpt: ...with leave to amend as to the first and second causes of action. On May 19, 2023, plaintiff Sanchez filed the operative Third Amended Complaint (TAC) alleging two causes of action for: 1) Unfair Business Practices, California Business and Professions Code S et seq.; and 2) Violation of California Consumer Credit Reporting Agencies Act CCP S 1785.25(a). On August 1, 2023, Wells Fargo answered. On September 13, 2023, Talman and Bankers Hill filed t...

Excerpt: ...e not necessary to dispose of Defendants' demurrer. Demurrer: The demurrer to the First Cause of Action is sustained, without leave to amend. The cause of action is barred by the two year statute of limitations. (See Gatto v. County of Sonoma (2002) 98 Cal.App.4th 744, 750; Kent v. Cal. DeVt of Consumer Affairs (E.D. cal. June 28, 2011) 2011 U.S. Dist. LEXIS 69676, at *9; Thomas v. Sonoma county (N.D. cal. July 21, 2013) 2013 U.S. Dist. LEXIS 102...

Excerpt: ...sability is unable to perform his/her essential duties even with reasonable accommodations or cannot perform those duties in a manner that would not endanger others even with reasonable accommodations. (Gov. Code S 12940, subd. (a) Further, under California Government Code section 12926, subdivision (m), physical disability is defined as: "(1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that d...

Excerpt: ...y executed a personal guaranty, both individually and as trustee of a related trust. Plaintiff alleges it also executed a Master Pay App Agreement (MPAA) with Defendant, in which they agreed Plaintiff would purchase Defendant's right to payment under certain constructon payment applications. Defendant Theisen also allegedly executed a personal guaranty on the MPAA. Plaintiff further alleges that Defendant failed to make required payments under th...

Excerpt: ...reveals that the suit was filed on January 5, 2023, meaning that even if Section 340.1 applied the claims would be time barred by a few days. Plaintiff concedes that, if filed as of January 5, 2023, the Complaint would untimely. However, she argues that she attempted to file documents on December 27, 2022, and that the documents were improperly rejected by the clerk's office because of confusion relating to the filing of documents under seal. In ...

Excerpt: ...tentional/negligent infliction of emotional distress (IIED/NIED). The FAC alleges Woodside is developing a large parcel within the City that includes 200 homes, a lake, and related improvements. At the south end of 2nd street, just below Oak Glen Blvd., at the corner, Woodside changed the natural elevation of the land by 20 feet. It then built a 2-story house at that high elevation resulting in the home being able to see into Grotke's backyard an...

Excerpt: ...mpromise, filed November 20, 2020, In re Donald Ray Paulson, supra (RJN Exh. B); • Docket for Saunders v. Paulson, Ap#llate Case No. D0751921, with underlying civil Case No. CIVDS1828407 (RJN Exh. C). There is no opposition to the request. The Court will grant Defendant's request and take judicial notice of the existence of court filings RJN Exhibits A and C, and take judicial notice of the Bankruptcy Court order RJN Exhibit B. Analysis With he...

Excerpt: ...iffs 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 —Secton 835; (2) wrongful death — Section 1983 [re denial of care]; (3) wrongful death — Section 1983 Ire failure to protect from suicidal actio...

Excerpt: ...inadequate service or notice of motion]; See also Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7 ["It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of moton"].) The motion is granted, with thirty (30) days leave to amend. In the alternative, should Plaintiff decide not to amend at this time, the motion i...

Excerpt: ...mplied in fact; (3) common count - money lent by plaintiff to defendant; (4) common count - money paid, laid out, and expended to or for defendant at defendant's special instance and request; (5) common count - open book account; and (6) common count - account stated. Wells Fargo seeks to recover $5,193.72 in damages. Wells Fargo filed the pending motion for summary judgment. The original August 7, 2023 hearing date was continued to October 19, 2...

Excerpt: ..., LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the Page | 2 licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint and wr...

Excerpt: ...tention that under cases such as Williams v. Horvath (1975) 16 Cal.3d 834, 838 (Williams), and State of California v. Superior Court (Bodde) (2004) 32 Cal.4th 1234, 1240 (Bodde), sovereign immunity only is waived if the requirements of the Government Claim Act, including compliance with the claim presentation requirement, are met. It argues that the claim presentation requirement is a substantive element for a cause of action against a public ent...

Excerpt: ...Esq. Plaintiff filed an opposition on September 5, 2023 and XTOOLTECH filed a reply on September 6, 2023. DISCUSSION Defendant challenges the entire complaint and the individual causes of action on the grounds that it is uncertain and fails to allege sufficient facts to consttute a cause of action. XTOOLTECH also argues that the causes of action lack any calculation of damages. Analysis uncertainty. "A special demurrer should be overruled where t...

Excerpt: ...gainst the District in the amount of $1,500. Sanctions are payable within thirty (30) days. Case Summary This is a sexual abuse case. Plaintiffs were, at the time of the allegations, under-aged high school football players. In essence, Plaintiffs assert claims against a former head athletic trainer for her sexual misconduct and the school district for failing to protect them from her conduct. Plaintiff filed their operative First Amended Complain...

Excerpt: ... as to why the untimeliness of this motion was not addressed. However, the Court is not limited as by this oversight. 1 The moton in this case was filed 25 days after the application was mailed and e-mailed. The timeliness of the motion is not raised in the opposition. The Initial Burden Martinez and FedEx filed an application for good faith settlement indicating there was a settlement with Du for $12,500. The non- monetary term involves the rele...

Excerpt: ...tract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Unjust Enrichment; (4) Fraud; and (5) Negligence. Defendants filed the instant Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint (Punitive Damages). The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eureka (2000) 82 Cal.App.4th 354, 367; Hernandez v. City of Pomona (1996) 49 Ca...

Excerpt: ...sional negligence; (4) breach of fiduciary duty; (5) conversion; (6) interference with contract; (7) interference with economic advantage; and (8) tort of another. Plaintiff was assigned the claims of Stephanie Smith. Plaintiff asserts that because the claims were assigned to it, Plaintiff Central Ave., LLC (Central) addresses the actions by Defendant against Smith as if they were actions against Plaintiff Central. To avoid confusion the court wi...

Excerpt: ...class and representative action. On May 30, 2023, Plaintiff filed his wage-and-hour class action against his former employer. On August 8, 2023, he filed his operative First Amended Complaint (FAC), which alleges violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) accurate wage statements; (7) wage timeliness; (8) final pay; as well as claims for (9) violations of the unfair com...