Excerpt: ...he operative Second Amended Cross‐Complaint (“Marini's SACC”) pleads four cross‐claims: (1) abandonment of express easement, (2) nuisance, (3) prescriptive easement, and (4) declaratory relief. Cross‐Defendants Smith answered. And by intervention. MM & CC, Inc. (“MM”) answered. MM also filed a Complaint‐in‐Intervention against Marini alleging causes of action for nuisance and declaratory relief (“MM's Complaint”). Defendants...

Excerpt: ...e deposition notice. She objected to the unilaterally set date of deposition on the ground that she was unavailable on the noticed date. The parties met and conferred on the issue and ultimately agreed to a deposition date of April 13th. On April 2nd, Defendant served her responses to the document request portion of the deposition notice. On April 4th, Defendant again served objections to the deposition notice—this time based on the fact that d...

Excerpt: ... alternatives within five business days after recordation of the notice of default. Civil Code, section 2924.9, subdivision (a), indicates “[u]nless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in Section 2923.6, within five business days after recording a notice of default pursuant to Section 2924, a mortgage servicer that offers one or more foreclos...

Excerpt: ...ionally under seal until further order of the Court. The party who requests the document be filed under seal shall prepare the necessary order in compliance with CRC 2.550 and 2.551.” Instead of following the court rule for obtaining such order, Plaintiff filed under seal his opposition, separate statement, and all evidence, even though it appear that at best what triggered this is that Harkins produced as confidential, documents attached to th...

Excerpt: ...ufficient facts since the claims on their face are barred by the statute of limitations. The demurrer Page 2 of 7 is supported by a meet and confer declaration and a request for judicial notice of the complaint and the Court's docket.1 In opposing the demurrer, Young contends that the limitations period was tolled due to Emergency Rule 9 of the California Rules of Court. Young further indicates that the complaint was tendered for filing with OneL...

Excerpt: ...Cal.App.4th 182, 194, quoting L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2. Demurrer: Civil Code §2100 elevates the duty of a common carrier to a higher affirmative duty. In Ingharm v. Luxor Cab Co. (2001) 93 Cal.App.4th 1045, the court noted that the “duty of due care does not necessarily end when the passenger alights safely from the carrier's vehicle; it ends only when the passenger is disch...

Excerpt: ...f Good Faith and Fair Dealing; (4) Enforcement of Mechanic's Liens; (5) Violation of Business & Professions Code section 7108.5; and (6) Violation of Civil Code section 8814. Page 2 of 13 This litigation pertains to construction performed on 182 units in six residential buildings known as the “Vintner on Foothill” located at 10130 and 10110 Foothill Boulevard in Rancho Cucamonga (the Vintner Project). Plaintiff alleges that in or about August...

Excerpt: ...t sanctions should not be imposed under Code of Civil Procedure section 1218. (Notice of Motion, p. 3, lines 12‐12.) Code of Civil Procedure section 1209, subdivision (a)(5), provides that disobedience of any lawful judgment, order or process of the court “are contempts of the authority of the court.” (Code Civ. Proc., § 1209, subd. (a)(5); see also, Ketscher v. Superior Court (1970) 9 Cal.App.3d 601, 604.) An individual or entity can be i...

Excerpt: ...rini filed a Cross‐Complaint against Smith. The operative Second Amended Cross‐Complaint (“Marini's SACC”) pleads four cross‐claims: (1) abandonment of express easement, (2) nuisance, (3) prescriptive easement, and (4) declaratory relief. Cross‐Defendants Smith answered. And by intervention. MM & CC, Inc. (“MM”) answered. MM also filed a Complaint‐in‐Intervention against Marini alleging causes of action for nuisance and declar...

Excerpt: ...eges that when employees had accrued but unused vacation hours upon separation of employment, Defendant failed to pay for these earned wages at the “final rate” including applicable shift differentials as required by Labor Code section 227.3. (FAC, ¶¶3, 5, 6.) Defendant demurs, asserting that the action is preempted by the federal Labor Management Relations Act of 1947 (29 U.S.C. § 185(a), LMRA) because Plaintiff either claims rights under...

Excerpt: ...ngham, resided. (¶¶ 1, 13.) As part of these repairs, MCC instructed Plaintiffs to stop running the water in their home until the repairs were completed. (¶ 13.) On or about February 21, 2017, once the repairs were completed, Plaintiffs noticed the drain in the property was slow and gurgled when used. (¶ 14.) Plaintiffs were out of town from February 25, 2017 through March 11, 2017. (¶ 14.) Upon their return, Plaintiffs were washing clothes ...

Excerpt: ...rney to withdraw from its representation falls within the discretion of the trial court, and a trial court properly exercises such discretion if withdrawal can be accomplished without undue prejudice to the client's interests. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) The Motion must be accompanied by a declaration that “state[s] in general terms and without compromising the confidentiality of the attorney‐client relationship wh...

Excerpt: ...d on four safety violations. Petitioner appealed the citations to the Occupational Safety and Health Appeals Board (the “Board”). The appeal involved a four‐day evidentiary hearing conducted by an Administrative Law Judge (the “ALJ”). The ALJ issued a decision upholding two of the citations containing three of the violations, but vacated Citation 2, which involved a $15,300 penalty against Petitioner for violation of 8 Cal. Code Regs. s...

Excerpt: ...larations in support of each motion which evidence the same meet and confer efforts. References herein are specific to the declaration in support of Plaintiff's motion to compel re: RFPs, but the same analysis applies to each motion. Page 2 of 14 and motion extension to which GM did not respond. (Macioce Decl. re: RFPs, ¶¶7‐14; Exhs. 4‐ 9.) GM argues the meet and confer was not in good faith because Plaintiff took unreasonable positions and...

Excerpt: ...ts are sought in the amount of $17,901.15. Counsel, however, has failed to present an itemization of costs in a manner that the court can easily evaluate. Rather than summarizing the costs in a single location, the costs are documented in three separate places: the Karim Declaration ($2,304.44), the Westrick Declaration ($4,256.77), and the Crosner Declaration ($11,264.94). None of the costs were easy to Page 2 of 2 locate, because counsel submit...

Excerpt: ...mer Warranty Act), (2) breach of implied warranties (Song Beverly Consumer Warranty Act), (3) violation of the Song‐Beverly Act, Section 1793.2, and (4) negligent repair. Before the Court at this time is Plaintiffs' Motion to Compel Further Discovery Responses from Defendant, and Request for Sanctions (the “Motion”). By way of the Motion, Plaintiffs seek an Order compelling Defendant GM to provide further responses to Requests for Productio...

Excerpt: ...ni Jr. and Monica Theresa Marini own the adjoining property at 42900 Big Bear Boulevard, which is commonly referred to as the Convention Center Property. In response to the initial lawsuit, the Marinis filed a Cross‐Complaint, a First Amended Cross‐Complaint, and a Second Amended Cross‐ Complaint against the Smiths on May 15, 2018, October 10, 2018, and December 7, 2018, respectively. In their Second Amended Cross‐Complaint (SACC), the Ma...

Excerpt: ... had been presented to the Court but had not yet been processed. (Minutes 3/3/21.) Plaintiff requested a Mandarin interpreter, but there was none available at the time. The Court continued the hearing to May 12th so Chen could file an amended expert declaration. On March 10, 2021, Defendants filed an amended declaration of Dr. Sung.5 On May 12, 2021, at the continued MSJ hearing, the Court granted Plaintiff's request for another continuance of th...

Excerpt: ... the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee . . . to proceed with that arbitration as a result of the material breach. (b) If the drafting party material breaches the arbitration agreement and is in default under subdivision (a), ...

Excerpt: ...neral Act, Labor Code section 2698 et seq. (“PAGA”). Each cause of action in the class action complaint is expressly predicated on California law: 1. Failure to Pay All Wages Owed, including Minimum Wages (Labor Code §§ 1194, 1197, 1198) 2. Failure to Pay Overtime (Labor Code §§ 510, 1194) 3. Failure to Provide Lawful Meal Periods (Labor Code § 512) 4. Failure to Authorize and Permit Lawful Rest Periods (Labor Code § 226.7) 5. Failure t...

Excerpt: ...she tripped and fell (Wall case). Plaintiff asserts that after her accidents her physical condition deteriorated and she has since developed neuropathic pain and Complex Regional Pain Syndrome. Therefore, she asserts, her medical records overlap. The Justice Declaration filed in support of the motion only was filed in the Wall case. He states that he is attaching copies of medical records to reveal how two doctors are treating Plaintiff for both ...

Excerpt: ...or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. Procedurally, a motion to amend a pleading must (1) include a copy of the proposed amended pleading, which must be serially numbered to differentiate it from previous p...

Excerpt: ...ntinued to October 18, 2021, and the parties agreed “the cut‐off dates tied to the trial date will not be extended to the new trial date with the exception of expert discovery and the ability to serve supplemental discovery pursuant to CCP sections 2030.070 and 2013.050.” [See, Bennett Decl., Exh. A.] The corresponding Order echoed the language in the Stipulation, and ordered: “The statutory discovery cut‐off with respect [to] supplemen...

Excerpt: ...o the freeway on‐ramp for Ramona Avenue, they drove over an unmarked uplift of the payment, which is part of the draining system, located at the beginning of the on‐ramp. This caused the motorcycle to jump up and driver Page 2 of 9 Courtney Gordon to lose control and crash. (Compl. ¶¶ 2, 4‐5.) Plaintiffs allege the following causes of action: (1) dangerous condition of public property; and (2) negligence. As part of the dangerous conditio...

Excerpt: ...e is mandatory. c. The statute of limitations has expired. According to Talavera's notice to the LWDA, his last day of employment was March 15, 2019. He had one year to file a lawsuit. (Code Civ. Proc., § 340, subd. (a); Brown v. Ralphs Grocery Co. (2018) 28 Cal.App.5th 824, 839.) Under normal circumstances, the limitations period would expire March 15, 2019. Two periods of tolling, however, extended the deadline. Apparently by agreement, the st...