Excerpt: ...tiff alleges Defendants were strictly liable, or were negligent, reckless, unreasonable, and Page 2 of 8 careless in their design, manufacture, supply, installation, inspection, repair, renting, or leasing of the product. Plaintiff filed her Complaint January 27, 2021, asserting causes of action for General Negligence and Products Liability. On March 25, 2021, Canedo was personally served with the Summons and Complaint at 144 E. Arbeth Street, Ri...

Excerpt: ...orm complaint alleges two causes of action: (1) motor vehicle; and (2) general negligence. Plaintiff seeks punitive damages. Plaintiff filed a first amended complaint (FAC) on August 17, 2021 alleging the same causes of action and also seeking punitive damages. On August 24, 2021, Defendant filed this motion to strike punitive damages. Discussion Defendant has moved to strike any references to punitive damages within the exemplary damages allegat...

Excerpt: ...ROUND Plaintiff's First Amended Complaint From 2011 to 2018, Plaintiff Regina Mendoza (Plaintiff) was employed by Defendants Loma Linda University Shared Services, Loma Linda University Medical Center, and Loma Linda University Medical Center – Murrieta (Defendants). Plaintiff's job performance was exemplary, and she was repeatedly promoted, which resulted in her attaining the position of Director of SCM Purchasing. (¶¶ 13‐14, 16, 21.) Plai...

Excerpt: ...utor/trustee of the estate of Ascension Garcia (Decedent), and alleges causes of action for (1) fraudulent intentional Page 2 of 36 misrepresentation; (2) breach of contract; and (3) intentional infliction of emotional distress. The complaint alleges wrongdoing with respect to the burial of Decedent, who was Plaintiff's mother, in the wrong plot. On August 4, 2021, Defendant filed the instant demurrer and motion. DISCUSSION Statement of the Law D...

Excerpt: ...ts for production. Page 2 of 14 Plaintiff M.D.L.F., a minor by and through his guardian ad litem, Melinda Fields, (“Plaintiff”) filed this personal injury action against Defendants Morongo Unified School District (“the District” of “MUSD”), Cindy Arrowood (“Arrowood”), and Diana Fisher (“Fisher”) (collectively, “Defendants”). On September 23, 2020, Plaintiff filed a Third Amended Complaint (“TAC”), which includes seven...

Excerpt: ...ive First Amended Complaint (FAC) alleging the following five causes of action against defendants Lyft, Inc. (Lyft); John Doe Lyft Driver; and Alejandre: (1) Negligence (Against Lyft and John Doe Lyft Driver Only); (2) Negligent Infliction of Emotional Distress (NIED) (Against Lyft and John Doe Uber Lyft Only); (3) Negligent Hiring, Retention, Training & Supervision (Against Lyft Only); (4) Assault & Battery (Against Alejandre Only); and, (5) Int...

Excerpt: ...age 2 of 23 interrogatories. After Ashley Furniture sent an inquiry on July 30, 2021 and received no response, Ashley Furniture filed this motion to compel responses to form interrogatories and motion to compel responses to special interrogatories. Both motions request sanctions. On September 14, 2021, Nava filed oppositions to both motions indicating responses have now been served. Discussion Ashley Furniture has moved to compel responses to the...

Excerpt: ...e defendants knew there were intoxicated, aggressive, and dangerous patrons at the premises, but declined Mouton's request to call law enforcement. Defendants also failed to take any action to protect the safety of their patrons. Through the complaint filed on July 17, 2019, Mouton asserts causes of action for: (1) motor vehicle negligence against Does 90‐100, (2) general negligence, and (3) premises liability. Mouton also eventually name Leon ...

Excerpt: ...mplaint pleads ten causes of action: (1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (4) negligence failure to warn, train, or educate, (5) negligence per se, (6) constructive fraud, (7) intentional infliction of emotional distress, (9) sexual harassment (Educ. Code, §220), (10) breach of fiduciary duties, and (11) failure to perform mandatory duties.4 Defendants answered. The Complaint alleges LD was a student at Bars...

Excerpt: ...f Contract; (2) Estoppel; and, (3) Declaratory Relief. On May 7, 2021 Plaintiffs filed an Amendment to Complaint adding Needles Public Utility Authority as Doe 1. Prior to a responsive pleading being filed, and as a matter of right pursuant to Code of Civil Procedure, section 472, on May 7, 2021 Plaintiffs filed the now operative First Amended Complaint (FAC) alleging the following three causes of action against the City and Needles Public Utilit...

Excerpt: ... in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (§ 436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (§ 437, subd. (a).) Good Faith Meet and Confer Effort Code of Civil Procedure, section 435.5 provides in...

Excerpt: ... has been waived by the petitioner; or (b) Ground exists for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The moving party may also seek a stay of pending litigation either by itself ...

Excerpt: ... 2 of 11 complaint involves the property at 26787 Barton Road, Bryn Mawr, California 92373. Brennan Lynne alleges the following: Defendant Murphy owns the property. He is also the former owner/operator of a bar and restaurant known as Taylors Tavern, which is located on the property. On April 9, 2015, Murphy entered into a sale and purchase agreement with Brennan Lynn. Under the terms of the agreement, Murphy was to sell the assets of Taylors Tav...

Excerpt: ...that on September 8, 2016, Plaintiff purchased a 2017 Chrysler Pacifica vehicle (VIN 2C4RC1EG6HR537516 (the “Vehicle”) which was manufactured and distributed by Defendant FCA (Comp., ¶9). The sales price was $53,613.84 and the Subject Vehicle was primarily used for personal, family or household purposes from an entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail (Comp., ¶9). The car has various...

Excerpt: ...r train, engine, transmission and electrical systems. Moss Bros, and the vehicle's manufacturer (defendant FCA US, LLC), were unable to conform the vehicle to the warranties. Furthermore, no relief in compliance with the Song‐Beverly Consumer Warranty Act (the Act) was provided by defendants. (Compl. at ¶¶ 4 and 9‐18.) As a result, the Thompsons commenced the underlying litigation on March 18, 2021 against Moss Bros and FCA for various viol...

Excerpt: ...ace of a parent or legal guardian for student (Plaintiff) Jane LD Doe. Davis undertook an investigation of O'Neil and confirmed the existence of other alleged victims as early as November/December 2018. Page 2 of 10 On July 19, 2021, Plaintiff served a Deposition Subpoena Duces Tecum to Fraud Fighters, an investigative firm retained by Defendant to investigate Plaintiff's claims. Fraud Fighters was identified in a supplemental response to Form In...

Excerpt: ... presented evidence of the onboarding process, Defendants failed to submit evidence Plaintiff actually executed the Applicant Agreement, and Plaintiff maintained it was easy for other Appleone employees to sign an employee's Page 2 of 12 documents for him or her. In their Reply, Defendants presented additional evidence to further authenticate Plaintiff's electronic signature. The matter came before the Court on June 24, 2021, at which point the C...

Excerpt: ...ainst Smith. The operative Second Amended Cross‐Complaint (“Marini's SACC”) pled four crossclaims: (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. On July 9, 2021, the Court granted Smith and MM's Motion for Summary Judgment. MM also filed a Complaint‐in‐Intervention against Marini alleging...

Excerpt: ...ided physical possession of Plaintiff's boat (and Plaintiff had physical possession of the jet skis), the consummation of this agreement was subject to all vehicles passing mechanical inspection. (¶ 8.) On or about September 20 or 21 of 2019, Defendant advised Plaintiff the boat had been stolen from Defendant's shop, and Plaintiff learned Defendant failed to secure the boat and trailer; instead, Defendant left it parked in a lot behind and adjac...

Excerpt: ...ght and the pleading added Jane Weng as a defendant. As for the underlying allegations, the Trust contends that on October 20, 2020, it offered to purchase the property through its agent, Maryam Golbakhsh, and from the Chiens, through their broker/agent, Weng. The Chiens counter‐offered and the Trust accepted the counter‐offer (FAC at ¶¶ 10, 14, 16, and 20‐21). Under the terms of the agreement, the Chiens were to provide disclosures withi...

Excerpt: ...ant was an abusive husband, who intentionally and/or recklessly abused Plaintiff emotionally, verbally, physically, and sexually. Plaintiff became emotionally distressed and depressed as a result of the consistent abuse she suffered at Defendant's hands, and she sought treatment with psychologists and therapists. (¶¶ 6‐7.) Plaintiff's treating psychologists opine that her symptoms are consistent with someone who has been traumatized, with the...

Excerpt: ...s, but they Page 2 of 15 declined Plaintiff's request to call law enforcement, and they otherwise failed to take any action to protect the safety of their patrons. Because of defendants' failures, Plaintiff was the victim of a vehicular assault and battery while she was a pedestrian in defendants' parking lot. Plaintiff filed her Complaint July 17, 2019, asserting causes of action for: (1) Motor Vehicle Negligence [Does 90‐100], (2) General Neg...

Excerpt: ...span to 10 years from the date of incident to the present. (Vine Dec., ¶¶ 2‐3; Exhibits 2‐ Page 2 of 30 3 to Vine Dec.) On June 14, 2021, Plaintiff clarified she did not object to the production of any medical records from Foothill, but she objected to the records from St. Mary's because none of those records pertain to the injuries claimed in the present lawsuit. (Vine Dec., ¶ 4; Exhibit 4.) On June 15, 2021, Defendant re‐issued subpoen...

Excerpt: ...s the accident occurred on July 20, 2019. The County of San Bernardino (“County”) was served with a claim for damages on January 13, 2020 and rejected on February 10, 2020. The Complaint asserted the following: Defendants negligently, recklessly and/or wantonly owned, maintained, managed operated, controlled and safe guarded the premises and or roadway at or near 17800 Glen Helen Rd., San Bernardino, CA 92407, such that an exposed hole and/or...

Excerpt: ...erson described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to Page 2 of 13 protect the person from unreasonable or oppressive de...

Excerpt: ...n, Cal. Prac. Guide (TRG 2013), Civil Procedure Before Trial, §8:1180‐8:1181.) “[P]arties may conduct discovery “regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action … if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Perlan Therapeutics, Inc. v. Superior Court (2009)178 Cal.App.4th 1333, 1351, ...

Excerpt: ...95, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice, in which case the judicially noticed content must be specified in the opening papers. (Code Civ. Proc., § 438, subd. (d); compare Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5 [on “nonstatutory” motion for judgment on the pleadings, court took judicial...

Excerpt: ...l and Joanna Davis. (See Compl. ¶19, Ex. C.) That allegation appears consistent with the express language of the assets sale and purchase agreement. (See Ex. A.) It seems disingenuous to take the position that Michael Davis executed the lease agreement and the assets sale and purchase agreement, both of which contain purchase option provisions, as President of Brennan Lynn, while at the same time taking the position that Davis did not sign the n...

Excerpt: ...¶¶3‐5, Exhs. 7‐9; Mills Decl. at ¶¶3, 5‐ 7, 9‐10, 12, Exhs. 1‐2, 4‐6, 8‐10.) Plaintiff M&Y timely moves to compel Deponent MLR to comply with the deposition subpoena. DISCUSSION Statement of the Law Code of Civil Procedure section 1987.1, subdivision (a) states: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the ...

Excerpt: ...n in Violation of Labor Code § 1102.5; (3) Discrimination in Violation of FEHA; (4) Failure to Prevent Discrimination in Violation of FEHA; (5) Harassment in Violation of Page 2 of 25 FEHA; (6) Failure to prevent Harassment in Violation of FEHA; (7) Retaliation in Violation of FEHA; (8) Failure to Engage in the Interactive Process; (9) Failure to Provide Reasonable Accommodation; and (10) Sick Leave Retaliation/Labor Code § 233. The Complaint g...

Excerpt: ...action was arguably meritorious, the legal conclusion is that the party's motive was probably not solely to harass or cause unnecessary delay, Page 2 of 6 such that sanctions are not warranted. (Bach v. McNelis (1989) 207 Cal.App.3d 852, 876.) Under section 128.7, a court may impose sanctions if it concludes a pleading was filed for an improper purpose or was indisputably without merit, either legally or factually. [Citation.] Here, the court did...

Excerpt: ...response. (Code Civ. Proc., §§ 2031.310, subd. (c), 2016.050; see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745.) The 45‐ day time limit is mandatory and “jurisdictional” such that the Court has no authority to grant a late motion. (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410 [late‐filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers].) However, the...

Excerpt: ...quested documents. Procedurally, the motion shall establish good cause justifying the production of the inspection of the demanded documents and shall be accompanied by a meet and confer declaration, or, where the individual failed to appear and produce requested documents, a declaration stating that the individual was contacted for inquiry about the non‐appearance. (Code Civ. Proc., §2025.450, subd. (b).) If a deponent fails to answer any que...

Excerpt: ...ived by the petitioner, (b) Ground exists for the revocation of the agreement, or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The party may also seek a stay of pending litigation either by itself or in conjunction w...

Excerpt: ... 997; and, American Drug Stores, Inc. v. Stroh (1992) Cal.App.4th 1446, 1453); (2) Defendants' evidentiary objections to the Declaration of Raymond Babaian are Overruled in their entirety; (3) Defendants' evidentiary objections to Plaintiff's Exhibits 1‐3, 4, 6, 11‐13, 22, 24‐27 and 29‐30 are Overruled in their entirety; (4) Defendants' procedural and evidentiary objections to Plaintiff's Separate Statement of disputed facts are Overruled...

Excerpt: ...on as reasonably practical once the necessity for the continuance is discovered.” (Cal. Rules Page 2 of 14 of Court, rule 3.1332(b); see Super. Ct. San Bernardino, Local Rules, rule 418 [“The Court adopts California Rule of Court, rule 3.1332, with respect to requests for continuances”]; Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468.) “Although continuances of trials are disfavored, each request for a continuance must b...

Excerpt: ... Cal.3d 920, 939.) If a motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error, but an abuse of discretion. (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Thus, the policy to allow amendm...

Excerpt: ...ts entered into a five‐year Lease agreement. The agreement called for a monthly rental payment of Page 2 of 10 $5,000. After expiration of the Lease, the Plaintiff and Defendants agreed to a month‐tomonth tenancy beginning August 1, 2020. Rent was increased to $7,500 as of December 1, 2020, and then $8,257.71 effective January 1, 2021. On February 26, 2021, a 30‐Day Notice to Vacate was served on Defendants by certified mail addressed to De...

Excerpt: ... Harassment; (3) Age Discrimination; (4) Sexual Harassment in Violation of FEHA; (5) Failure to Accommodate Disability; (6) Failure to Engage in the Interactive Process of Accommodation of a Disability; (7) Failure to Prevent Discrimination and Harassment in Violation of FEHA; (8) Failure to Correct and Remedy Discrimination and Harassment; (9) Wrongful Termination; (10) Retaliation for Engaging in Protected Activity; (11) Hostile Work Environmen...

Excerpt: ...o the Complaint, Plaintiff worked for TRC railroad from 1981 to 1994 as a brakeman and conductor. During his career with TRC railroad and while working in TRC's yards, buildings and along its right of way, Plaintiff was exposed to various toxic substances and carcinogens including, but not limited to, diesel fuels/exhaust, benzene, creosote, and rock/mineral dust and fibers. Plaintiff's exposure to such toxic substances caused or contributed to h...

Excerpt: ...their home when an unprotected water line was punctured by a nail. The original complaint alleged a single cause of action for products liability. Page 2 of 40 Ryland answered and cross‐complained against Roes 1‐50, alleging 10 causes of action: (1) breach of contract; (2) express indemnity; (3) implied indemnity; (4) equitable indemnity; (5) comparative negligence and contribution; (6) breach of implied warranties; (7) breach of express warr...

Excerpt: ...f Government Code section 12940; (5) failure to prevent discrimination and harassment in violation of Government Code section 12940; (6) retaliation in violation of Government Code section 12940; and (7) declaratory and injunctive relief. Wise alleges she was employed by Zeiss until her termination on January 13, 2020. She alleges she was terminated in retaliation for her complaints and opposition to unlawful discrimination by Parks. During her e...

Excerpt: ...laintiff's payments and sent a reinstatement demand of $25,920.98, even though Plaintiff made all payments under the modification agreement. On February 19, 2019, Chase recorded a Notice of Default and refused to accept Plaintiff's payments. As a result, Plaintiff lost a tenant. Plaintiff alleges she remains ready, willing, and able to tender payments as required under the parties' agreements. (Compl. ¶¶ 6‐29.) Plaintiff alleges the following...

Excerpt: ...Malan (Doe 4) as Defendants. On January 19, 2021, Plaintiff filed a Request for Dismissal, without prejudice, as to Defendant Katherine O'Neill. On April 26, 2021, Defendants Barstow Unified School District, James Davis, Amy McDonald, Jeff Malan and Scott Godfrey filed a Motion for Summary Judgment, with a hearing date of July 7, 2021. On June 16, 2021, Plaintiff moved ex parte to dismiss Defendants' motion for summary judgment or, alternatively,...

Excerpt: ...mended Complaint (FAC) added Defendant Jane Weng. The FAC Page 2 of 10 pleads two causes of action: (1) breach of contract against Chien and (2) breach of the implied covenant against all. The FAC alleges on October 20, 2020, the Trust made an offer to purchase the Subject Property through its agent, Maryam Golbakhsh, to Chien through their broker/agent, Weng. Chien counter‐offered. The Trust accepted the counter‐ offer (¶¶10, 14, 16, 20‐...

Excerpt: ... to rule on objections 1 and 64‐75, but note all objections proffered in Plaintiff's separate statement should be overruled as improper; b. Overrule objections 2‐12 (including objection “4.5”), 15‐ 26, all three objections numbered “29”, 32‐35, 38‐46, 49‐56, 58‐59, and 61‐63; c. Sustain objections 13 and 27 (hearsay); d. Objection 14 – Allow Plaintiff Anne Marie Meyer an opportunity to cure and properly filed a signed de...

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: ...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: ...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...