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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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, ...

Excerpt: ...tly received favorable performance reviews. (¶¶ 9‐10.) In January 2020, Plaintiff notified human resources and his immediate supervisor of the need to take a two‐ week leave, under the California Family Rights Act (CFRA), so he could care for his mother, who was scheduled to undergo hip replacement surgery on February 17, 2020. (¶¶ 11‐13.) While Plaintiff's leave request was granted, he was advised upon his return on March 2, 2020 that ...

Excerpt: ...) Statement of Law – Motion to Compel Arbitration 2 California Law Code of Civil Procedure sections 1280 et seq. provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move t...

Excerpt: ...g inappropriate comments about his deceased mother, ridiculing his belief in God, calling him and co‐worker Robert lovers, and watching/leering at him and Robert while they changed in the locker room. Although he complained to his supervisor Ibarra, Murillo would deny them and then make false accusations against Mendoza. Ibarra would then write off Mendoza's complaints as silly and a waste of his time. Due to Murillo's false claims against him,...

Excerpt: ...er compelling the parties to arbitrate a dispute covered by the agreement. California Code of Civil Procedure section 1281.2 provides in pertinent part that: [T]he court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission...

Excerpt: ...hese motions were filed, even with a courtesy meet and confer letter. In opposition, Plaintiff's counsel, Edward Shkolnikov provides a declaration claiming that a recent move to a new office caused them to fall behind on work and that the discovery was mistakenly not calendared for a response. Counsel blames himself (and his paralegal) for the failure. He also claims he missed the meet and confer letter due to the volume of emails he receives. Th...

Excerpt: ... 94.) For the purpose of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded, i.e., ultimate facts alleged, but not contentions, deductions, or conclusions of fact or law. (Adelman v. Associated Int'l. Ins. Co. (2001) 90 Cal.App.4th 352, 359.) The plaintiff's ability to prove the allegations is of no concern in ruling on a demurrer. (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d...