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