Excerpt: ...d or contributed to Decedent's death (i.e. the fall was not the cause of her death based on reasonable medical probability). And the fall did not cause any lasting harm, as there was no evidence of any wounds or acute bleeding from the CT scan taken the day of the fall. Plaintiffs Hernandez's dispute is based on their contention and reading of Decedent's medical files. But their reading and beliefs of what the medical records indicate are not suf...

Excerpt: ...enied as to Requests 4044. The demands are overly broad and irrelevant to the extent they seek information on ALL TYPES of vehicles, without limitation to Plaintiffs' particular year, make and model. 3. The motion is granted as to Requests 35-39 and 45-46 subject to a Protective Order. Evidence of similar issues in other vehicles of the same make, model, and year could tend to show, at a minimum, Mercedes-Benz likely had knowledge of the issues. ...

Excerpt: ...rule - suffcient foundation (NOTE: This was a multi-part paragraph) Obj. # 6 - '1 20 [one sentence] Sustain - lacks foundation, hearsay Obj. #7 - 22 Overrule - sufficient foundation laid, his opinion Obj. #8 - 24 Sustain - speculation (as to loan diversions) Obj. # 9 - '1 27 Overrule - sufficient foundation for VISION ONE Obj. # 10 - '1 27 Overrule - sufficient foundation laid Obj. # 11 - '1 28 Overrule - sufficient foundation laid Obj. # 12 - '1...

Excerpt: ...o defraud the plaintiff, (4) the plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact, (5) causation, and (6) the plaintiff sustained damages. (Blickman Turkus, LP. v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 868.) When the allegations of the Complaint are considered, sufficient facts are alleged in support of Plaintiffs' fraudulent inducement — concealment cause of...

Excerpt: ...rly serve the tenant with a valid 3-day notice. (Borsuk v. Appellate Division of Superior Court (La Hillcreste Apartments, LLC) (2015) 242 Cal.App.4th 607, 611.) Strict compliance is required with the 3-day notice. (Stancil v. Superior Court (City of Redwood City) (2021) 11 Cal.5th 381, 394-95; Culver Center Partners East #1, L.P. v. Baja Fresh Westlake Village, Inc. (2010) 185 Cal.App.4th 744, 749.) Code of Civil Procedure section 1161, subdivis...

Excerpt: ...ies on notice that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non-complying party. Demurrer: The issue in this case is whether the civil department within the San Bernardino County Superior Court may hear the claims asserted by Willey-Nelson or if they are matters of internal trust affairs that exclusively belong to the probate department. Either a trustee or trust beneficiary m...

Excerpt: ...s. This Court may exercise its "'inherent authority to fashion procedures and remedies as necessary to protect litigants' rights and the fairness of trial.'" (Coastline JX Holdings LLC v. Bennett (2022) 80 Cal.App.5th 985, 1009, quoting Wesson v. Staples the Office Superstore, LLC (2021) 68 Cal.App.5th 746, 763.) The levy resulted from the writ of execution, which was the result of this Court's grant of a default judgment—a default judgment whi...

Excerpt: ...g sanction is not necessary to enforce a monetary sanction. New and v. Superior Court (1995) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 155 Cal.App.3d 754, 759. his ground cannot be the basis for the Court granting this motion. The remaining grounds are Defendant's failure to engage in discovery and her alleged willful disobedience of the Court's Order compelling discovery. These grounds are persuasive. While defense counsel was present, noti...

Excerpt: ...ailure to meet and confer, where required, will result in sanctions to the offending party. DEMURRER: Third Cause of Acton for Intentional Infliction of Emotional Distress: The Court is confused by Plaintiff's position. On the one hand, Plaintiff requests leave to amend and then argues that the allegations are sufficient. The Court determines that, while the allegations are sufficient as against a demurrer, if Plaintiff wants leave to amend, the ...

Excerpt: ...acities of the Defendants as trustees. Defendants provide a full opposition on the merits, and there are no due process concerns. Any order issued by the Court will be properly entered against the proper parties. At the outset, it is an important consideration that all of the parties were aware throughout the litigation that The Lucas Corporation was a defunct corporation for all intents and purposes. While a release of the entity is important fo...

Excerpt: ...er. (Code Civ. Proc., S subd. (a)(4).) However, the Court puts the parties on notce that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non- complying party.l Defendant Husson attacks the First Amended Complaint (FAC) on three grounds. First. Defendant Husson argues that although an agreement is referenced in the FAC, Plaintiff does not allege any particulars, i.e., whether it was w...

Excerpt: ...GM was falsely advertising the transmission, knowing the material was false, and with the intent to induce reliance and knowing Martinez's vehicle was defective. Despite such knowledge, GM failed to disclose the true facts and Martinez was induced by the representations and omissions to his detriment. (Compl. at 3-4, 7, 11, 15, 23-53, 116, 121, 131, and 137.) b. Less particularity is needed in the concealment context and in cases when the facts a...

Excerpt: ...mary Adjudication on the Complaint: 1. First Cause of Acton for Breach of Contract: The motion is denied. Plaintiff's claims against Defendant arise from a combinations of sections 2.2 and 2.3 of the Non- Disclosure Agreement (NDA). Defendant Jasmine Marie Acosta (ACOSTA) fails in her burden because even if section 2.3 of the NDA is void/unenforceable, the entre NDA is not demonstrated to be void/unenforceable, and section 2.3 of the NDA would on...

Excerpt: ...90- 150 days is not unusual. The Court also finds that once Defendant told escrow to cancel, financing that was in progress could not be completed. As the agreement provided for the Defendant's business to be included in the transaction, there was no need for Defendant to close the business. Defendant cancelled the transaction too quickly. Plaintiffs have presented evidence demonstrating it takes several months to obtain the financing they needed...

Excerpt: ...ulation Judicial correction of an award is authorized only if the alleged miscalculation or mistake is "evident"—apparent on the face of the award—and not merely suppositional. (See Lopes v. Millsap (1992) 6 Cal.App.4th 1679, 1587 [arbitrator's declaration admissible for limited purpose of showng evident miscalculation that could be corrected without affecting merits of controversy]; Severtson v. Williams Constr. Co. (1985) 173 Cal.App.3d 85,...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ...e court exercise its discretion. "The level of effort at informal resolution which satisfies the 'reasonable and good faith attempt' standard depends upon the circumstances." (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) A reasonable and good faith attempt at informal resolution entails something more than bickering with opposing counsel. (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294 [noting argument is not the same as inform...

Excerpt: ...e to act on the part of their attorneys. There is no evidence the amendment was intended to be a catch-all remedy for every case of poor judgment on the part of counsel which results in dismissal.' ( Huens v. Tatum, supra, 52 Cal. App. 4th at p. 264, quoting, in part, Peltier v. McCloud River R.R. Co., supra, 34 Cal. App. 4th at p. 1824, italics in original.)" English v. IKON Business Solutions, Inc. 94 Cal.App.4th 130, 146-147[114 Cal.Rptr.2d 93...

Excerpt: ...nt to hire day laborers to cut down the trees on the weekend to avoid City interference despite defendants knowing their conduct was illegal. The FAC also indicates defendants' agents cut down the trees. (FAC at 17, 20-25, and 29.) Third Cause of Action for Public Nuisance: The demurrer is overruled. The demurrer fails to outline the relevant Municipal Code sections cited and analyze that law in the context of the allegations. (See Quantum Cookin...

Excerpt: ...rocedurel section 2025.450, it should be under section 2025.480. By the facts, a notice was served to which Defendant General Motors, LLC (GM) objected. Section 2025.450 addresses compelling when no objection is served. An objection was served. Thus, although not perfectly, the motion fits better under section 2025.480, which applies to objections to questions and documents. Here, there are entire objections to producing documents and answering q...

Excerpt: ...ot this complaint. 2. Demurrerto the First Cause of Action for Breach of Contract: The demurrer is overruled. The complaint need only allege the contract's legal effect McKell v. Washington Mutual, Inc. (2006) 142 Cal.App.4th 1457, 1489, which has been done in this case given the "equal partners" allegation, among others. (Compl. at '1 8.) The revised UPA also provdes filler terms if needed. Jones v. Goodman (2020) 57 Cal.App.5th 521, 531. Franci...

Excerpt: ...Agreement. Plaintiffs do not challenge that Decedent's claims are subject to arbitration, except to offer an unconscionability argument. Plaintiffs argue that the agreement is procedurally unconscionable because Decedent was given it on a take it or leave it basis. But Plaintiffs offer no evidence in support of this argument and the circumstances under which Decedent signed it. Moreover, on its face, the Agreement provides, "Residents shall not b...

Excerpt: ... hearing and consider the issuance of sanctons against the non-complying party. Demurrer: Defendant Christopher Felix (Felix) demurs to the 1st , 2 nd -9 th and 11th causes of action. He essentially argues that the claims are those asserted against a landlord/lessor to which he is not identified as such, and the lease agreement attached to the Second Amended Complaint (SAC) identifies the landlord/lessor as Rancho Homes. Additionally, the allegat...

Excerpt: ...l of the denial of his dock license. Unlike an excessive force claim, such a claim does not automatically encompass "threat, intimidation, or coercion. 2. Plaintiff's Second and Third Causes of Acton: There are two essential elements of a claim under section 1983: the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the plaintiff of a right, privilege or immunity secured by the Constitu...

Excerpt: ...lso Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 235 [declaration in support of ant-SLAPP motion].) 1. Objections to the Declaration of Castaldi: A. Objections 1, 3, 14, 15, 17, 19, 21, 30, 34, 42, 44, 45, 47, 57, 58, 60, 61, 62, 65, 66, 58-70, 73, 75, 76, 77, 79, 80, 82, 85, 85, 88 (lacks foundation or proper authentication), 16, 29 (hearsay), 20, 38, 43, 46, 110 (improper opinion), 22, 23, 24, 37, 48, 59 (lacks foundation / impr...