Excerpt: ... Plaintiff does not provide the Court with any authority for the Court to grant this relief by motion and not by a contested trial. “No partition can be had until the interests of all the parties have been ascertained and settled by a trial. Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599; see further Code Civ. Proc., §872.610. The motion is further defective for failure to join all necessary parties. In a partition action, the “plaintiff shall...

Excerpt: ... The demurrer is sustained, with thirty days leave to amend. To state a viable cause of action, facts must be alleged which affirmatively show non‐compliance with the ADA and 28 C.F.R § 36.302(e)(1)(ii). Since it may be permissible for a hotel to merely label its rooms, hotel, etc. as “accessible,” the burden is on plaintiff to allege facts demonstrating why that designation violates the ADA and related regulation (See Love v. Wildcats Own...

Excerpt: ...rp. v. Structural Materials Co. Page 2 of 8 (1981) 123 Cal.App.3d 593, 604.) 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 taken. (Crowley v. Katleman (1994) 8 Cal.4th 666, 672.) General Demurrer All that is necessary as against a general demurrer is to plead facts showin...

Excerpt: ... left‐hand turn, it was struck by another vehicle being driven by defendant Jonathon Arden, a San Bernardino County Sheriff Officer, who was on duty at the time of the collision, and who was allegedly driving twice the speed limit and without his lights or sirens activated. Page 2 of 6 Through the operative second amended complaint (SAC), Barajas asserts claims for (1) dangerous condition of public property against defendants CalTrans, Town of ...

Excerpt: ...ndment, Laura Moore, Scott Godfrey, Dr. Amy McDonald, and Jeffrey Malan. Jane Doe also dismissed O'Neil without prejudice (as she is apparently now deceased). According to the complaint, the abuse occurred on school grounds and the District was negligent in hiring and Page 2 of 7 retaining O'Neil. Jane Doe further alleges that Davis was informed that O'Neil had falsified an off‐campus lunch permit by signing in place of a parent or legal guardi...

Excerpt: ...ted. a. First and Second Causes of Action: Defendants did not breach any contractual or implied contractual provision of the Trust Deed when they were entitled to collect monies into an escrow account from Plaintiffs to cover property taxes and hazard property insurance, and were entitled to obtain their own property hazard insurance upon no proof of such 2 coverage from Plaintiffs. Plaintiffs breached the Trust Deed when they stopped paying thei...

Excerpt: ...2017, the employee named CMA as a defendant. Mr. Jones eventually dismissed CMA from his lawsuit. (Compl. ¶¶7‐8.) Prior to the accident, WJE used Defendant Genesis as an insurance broker to obtain motor carriers insurance coverage. (Compl. ¶4.) In the Jones action, CMA tendered its defense to WJE and its insurer State National Insurance Company, which was refused. As a result, CMA incurred attorney's fees and costs in defending the Jones act...

Excerpt: ...of an act or omission of the public entity or a public employee or any other person and (b) The liability of a public entity established by this part (commencing with Section 814) is subject 1 The Demurrer states it is being brought by all three defendants. However, only Chaffey is a defendant as to the second cause of action for dangerous condition of public property. Page | 2 to any immunity of the public entity provided by statute, including t...

Excerpt: ... Discrimination in Violation of FEHA; (3) Failure to Prevent Harassment and Discrimination in Violation of FEHA; (4) Retaliation for Whistleblowing Activities in Violation of Labor Code section 1102.5; and (5) Intentional Infliction of Emotional Distress. This case was consolidated for law and motion purposes and transferred to Dept. 28 with four other cases, CIVDS2012538, CIVDS2012926, CIVSB2025375, and CIVSB2025900. In the Aboud v. Valdivia mat...

Excerpt: ...efendant Steel Machinery answered; no answer, default, or dismissal is on file for Delta Steel. The Complaint alleges Plaintiff McKey lost two fingers from his right hand on October 30, 2016, while using a Delta Leveling Line that was sold by Defendants Delta Steel and/or Steel Machinery. Defendant Steel Machinery filed a Cross‐Complaint against California Steel Services, Inc. fka Tehran Sanaat (esa Tehran Sanaat, Inc. dba California Steel Serv...

Excerpt: ...n to strike were filed but before they were heard, the operative First Amended Complaint was filed on December 7, 2020, alleging the following causes of action: (1) breach of duty of care; (2) breach of contract; (3) fraud / intentional misrepresentation; (4) conspiracy tort – fraudulent misrepresentation; and (5) intentional infliction of emotional distress. DISCUSSION Legal Standard – Demurrer A demurrer challenges defects appearing on the ...

Excerpt: ...ent Infliction of Emotional Distress; and (8) Intentional Infliction of Emotional Distress. 2 DISCUSSION Overall Demurrer Standard 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 364, 367; Hernandez v. City of Pomona (1996) 49 Cal.App.4th 1492, 1497.) As a general rule, in testing a pleading against a demurrer, the facts alleged in the pleading are deemed tr...

Excerpt: ...e grounds that no cause of action is stated is sustained. 1The Court interprets Plaintiff's non‐ opposition as a concession that the demurrers/motion to strike are well taken as to some or all of the grounds asserted by moving Defendant. (Los Angeles Equestrian Center, Inc. v. City of Los Angeles (1993) 17 Cal. App. 4th 432, 450, citing Biljac Associates v. First Interstate Bank (1990) 218 Cal App. 3d 1410, 1420, overruled on a different point....

Excerpt: ...ning property and business affairs of the judgment debtor.” (Lee v. Swansboro County Property Owners Assn. (2007) 151 Cal.App.4th 575, 581; Young v. Keele (1987) 188 Cal.App.3d 1090, 1093 [“[T]he examination is intended to be summary and factual according to the widest scope for inquiry concerning property and business affairs of the debtor; the object of the proceeding being to compel the judgment debtor to give information concerning his pr...

Excerpt: ... on Highway US 395 in an unincorporated area of San Bernardino, defendants “negligently and carelessly owned, operated, maintained, entrusted and repaired their vehicle, that the same was caused to, and did, strike plaintiff's vehicle, causing plaintiff to sustain personal injuries [sic].” (Compl. ¶ 5.) Plaintiffs' complaint includes two causes of action: (1) negligence; and (2) loss of consortium (by Lupe). DISCUSSION Statement of the Law A...

Excerpt: ...oyed certain information on a protected computer within the meaning of the statute. Due to Defendant's alleged actions, Plaintiff seeks punitive damages from Defendant. (See FAC ¶ 82 and Prayer for Relief, ¶ 7.) Contrary to Defendant's arguments and assertions, Plaintiff has alleged sufficient facts in her FAC to allow for recovery of punitive damages if those damages are available based upon the causes of action alleged. However, Defendant arg...

Excerpt: ...ight 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. Motion in limine #1 – Exclude Evidence of Defendant Daniel Radoccia's Military Service: Grant. Motion in limine #2 – Reference to Medi‐Cal Insurance and other requests: Grant in part. Evidence that Plaintiff receives medi‐Cal insurance benefits is precluded. Evidence that ...

Excerpt: ...l Notice: The Court grants judicial Notice of Exhibit E but denies the balance of the Request as unnecessary as the Court can take judicial notice of court pleadings, without a request. Plaintiff's Evidentiary Objection to Declaration of Edward Sussman: 1. Overrule 2. Sustain 3. Overrule 4. Sustain Defendant's Evidentiary Objection to Plaintiff's Evidence: 1. – 4. Overrule Note: To the extent Defendant is objecting to Plaintiff's separate state...

Excerpt: ...27, 2021. Based on the supplemental briefing, the motion is granted. The settlement is within the appropriate range considering the factors set forth in Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499. The Settling Defendants' Financial Condition The settling defendants have made a prima facie showing of limited financial resources that can be directed to a settlement fund. Although a settling defendant's financial co...

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

Excerpt: ...fendants failed to pay minimum wages, overtime wages, and rest period wages, such that these wages were not paid twice monthly because they were not paid at all. Candy Shops, Inc. v. Superior Court (Silva) 210 Cal.App.4th 889, however, held that section 204 addresses only “how wages have been paid,” not “what wages are owed.” (Id. at pp. 904‐905.) Plaintiff argues that Candy Shops is inapplicable because it did not involve a claim for p...

Excerpt: ... of public access. Due to the commercial interest, a substantial probability exists that the interest will prejudiced if the information is not sealed. However, the entirety of the documents do not need to be sealed. The parties have failed to file redacted documents as directed. Before granting the motion, the court needs to review the proposed redactions. 2. Motion to sequence discovery: Grant. Williams precludes requiring the representative pl...

Excerpt: ...The correct Arbitration Agreement (Exhibit C, rather than Exhibit B) only required employees to sign the agreement if they consented to arbitration. Therefore, defendant's evidence is sufficient to show, at least prima facie, that plaintiff signed. Significantly, plaintiff fails to submit a declaration denying that she signed; she only argues that defendant's showing is insufficient. She is mistaken. A document which has been destroyed or is othe...

Excerpt: ...6) intentional interference with contractual relations; (7) intentional interference with prospective economic interests; (8) negligent interference with prospective economic advantage; (9) unfair business practices (Bus. & Prof. Code, § 17200); (10) declaratory relief; (11) accounting; and (12) unjust enrichment. In May 2020, CMI approached AWL regarding warehousing and shipping needs. Mark from AWL made representations regarding having require...

Excerpt: ...ence; (4) fraud; and (5) conversion. 2 Proof of service was filed as to Adaimy by substitute service by leaving a copy with Mr, Adaimy's wife and a follow up mailing. (See February 11, 2021 proof of service.) Geico was personally served on December 8, 2020. (See December 18, 2020 proof of service). On March 23, 2021, Plaintiff requested entry of default, which was entered by the Clerk, on March 23, 2021 against Defendant Abdo Adaimy. Thereafter, ...