Excerpt: ...tract with Defendant in which Plaintiff agreed to provide storage and maintenance service for Defendant's aircraft —a Boeing 737 -300. Pursuant to the contract, Plaintiff has performed maintenance and stored the aircraft (and is still storing it in San Bernardino). Although Defendant has incurred charges of $124,498.07 for the maintenance and storage fees, it has only paid Plaintiff $4,403.31. That single payment was made on September 13, 2021....

Excerpt: ... attorney's fees pursuant to Code Civ. Proc. § 425.16(c). Plaintiff seeks fees in the amount of $21,600.00 and costs in the amount of $736.71. Defendant/Cross -Complainant opp oses the motion. Plaintiff/Cross -Defendant replies. Anti -SLAPP Attorneys' Fees Discussion Code Civ. Proc. § 425.16(c) states that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs ”. “Atto...

Excerpt: ...oduction of Documents, Set No. Three Plaintiffs Roland Schuh, Michaelann Ingraham, Dustin Ingraham, Shenghao He, Leticia Urbina, Yaquelin Flores, Mario Juarez, and Alberto Marquez (“Plaintiffs”) Defendant California D epartment of Transportation (“DOT”) __________ Before the Court are three (3) discovery motions filed by the Plaintiffs against DOT. The Court has reviewed and considered the voluminous moving papers, Oppositions and Replie...

Excerpt: ...vering the engine and transmission in addition to various emissions warranties. (Compl. ¶ 9.) The Subject Vehicle had serious defects and nonconformities to the engine and transmission systems. (Compl. ¶ 10.) On September 21, 2023, Harrison filed her Complaint against defendant Hyundai Motor America (“Hyundai”) alleging the following three causes of action pursuant to the Song -Beverly Act: 1) Breach of Express Warranty; 2) Breach of Imp l...

Excerpt: ...concern Defendant's policies and procedures for handling Song -Beverly Act cases, and requests Nos. 30 to 31 concern similar customer complaints in vehicles of the same year, make, an d model as the subject vehicle. (Counsel Gregory Sogoyan Decl., at ¶ 21; Exhibit 8.) As background, Plaintiffs served these requests around September 15, 2023, and Defendant served responses around October 31, 2023. (Sogoyan Decl., at ¶¶ 14- 15; Exhibits 3 & 4.) ...

Excerpt: ...es both motions, and Luong replies to both as well. The Court finds that the parties have met the meet and confer requirements under Code Civ. Proc., §§ 430.41, subd. (a)(3) an d 435.5, subd. (a)(3). Analysis Luong demurs to the Breach of Contract cause of action in the Cross -Complaint contending that it is a conclusory pleading. He demurs for failure to state a cause of action as well as uncertainty. Namely, Luong states that Frontier fails ...

Excerpt: ...rogatories—was apparently rejected due to a filing irregularity. On January 30, 2024, the Court heard and granted the other six discovery motions. The Court ordered Defendants to resubmit their motion to compel Mauricio's further responses to s pecial interrogatories, which Defendants did that same day. Mauricio filed an opposition (one court day late). Defendants filed a timely opposition. A. Analysis At issue are Mauricio's responses to Sp...

Excerpt: ...e untimely so the objections were stricken but the responses remain. (Aiso Decl. at ¶5, Exh. A; Bergerson Decl. at p. 2:7 -24; 10/5/23 Minute Order.) Since no documents were produced, Plaintiffs Taylor and El la move to compel compliance with the October 5, 2023 Order (“10/5/23 Order”). Defendant Avis opposes. Plaintiffs Taylor and Ella reply. DISCUSSION Plaintiffs are seeking an order to compel Avis to produce documents per the 10/5/23 Orde...

Excerpt: .... He died (¶¶6163, 65, 67-70, 76). Defendant Sigma demurs to the 1st - 3rd causes of action. Plaintiff Michalski opposes. Defendant Sigma replies. DISCUSSIONS Judicial Notice Defendant Sigma requests judicial notice of two Superior Court ruling s from Los Angeles Superior Court and Sacramento Superior Court (Exhs. 1 -2). The Court DENIES the request as no applicable ground exists to judicially notice a superior court ruling. Analysis Procedural...

Excerpt: ...opposition. Plainti
¯ Derek Þled a joint reply. Analysis Procedurally, the parties met and conferred. (Walton Decl. at ¶¶3b-4b, 5-6, Exhs. DG.) Furthermore, the motions are timely in light of the granted 2-week extension. (Walton Decl. at ¶4b, Exh. E.) Substantively, the Þrst issue is the lack of veriÞcations from Defendant ZamÞr. To RFAs #39, 46, 52- 53, and 61-63, ZamÞr either admitted or denied the RFA, and to RFAs #45, 47-48, 57, & 5...

Excerpt: ...llenge to the correctness of the order itself, but Spring Valley's proper course would have been to seek appellate review of the order. (Code Civ. Proc., § 904.1, subd.'s (a)(11)-(12) and (b).) The purported erroneous nature of the order does not excuse a failure to obey with its terms. (Marriage of Niklas (1989) 211 Cal.App.3d 28, 34-35.) The RFA No.'s 79-80, 82-83, 85- 86, 88-89, 91-92, 94-95, 97-98, 100-101, 134, 136, 140, 154, 191, and 296 A...

Excerpt: ... (7) Compel further responses to requests for admission [from Mauricio & Federico / unopposed] Movants: Defendants Valley Transmission and Auto Repair, Inc., Edward Whittingslow, and Robert Larsen Respondents: Plainti
¯s Federico Martinez and Mauricio Martinez I. RELEVANT PROCEDURAL/FACTUAL BACKGROUND At issue are seven discovery motions Þled by Defendants—motions to compel each plainti
¯'s further responses to form interrogatories, special ...

Excerpt: ...e Motion to Strike Þled by Defendants Robertson's Transport, LTD., Robertson's Ready Mix, LTD., Michael R. Howard, RRM Development, and RRM Properties, LTD. (“Defendants”). Defendants seek to strike the allegations concerning the demand for punitive damages within the Shadwick's Complaint. SpeciÞcally, the moving Defendants seek to strike paragraphs 113, 123, 135, and 199215, and paragraph 7 of the prayer for relief. Plainti
¯s Shadwick, e...

Excerpt: ... January 11, 2024, Olmos and Cross-complainant filed his Opposition to Brancato's Special Motion to Strike, along with the declaration of attorney Edward M. Palmer (Decl. Palmer) in support thereof. On January 18, 2024, Brancato filed her Reply to Olmos' Opposition. Discussion and Analysis Brancato moves this Court for an order striking the following causes of achon and specific related allegations in the Cross-complaint filed by Olmos: (1) Secon...

Excerpt: ...ade secrets by all against all. Defendants Penwood, Lee, and Western answered. Defendant Western moves for summary judgment.[l] Plaintiff Comstock opposes. DISCUSSIONS A trade secret[2] is misappropriated if a person either (a) acquires a trade secret knowing or having reason to know that the trade secret has been acquired by improper means,[31 (b) discloses or uses a trade secret the person has acquired by improper means or in violation of a non...

Excerpt: ...Staff of San Antonio Regional Hospital. A first amended complaint ("FAC") was filed on July 7, 2023 asserting the following causes of acton for: (1) violation of Business & Professions Code, 517200, et seq.; (2) retaliation in violation of Health & Safety Code, 51287.5; and (3) intentional interference with Prospective Economic Advantage. On August 25, 2023, Defendants San Antonio Regional Hospital and Medical Staff of San Antonio Regional Hospit...

Excerpt: ...n, Inc. and Plaintiffs Deborah Stevens, Corrie Stevens, Kylee Warnick, and Tammara Mansel Bolthouse's Motion The Court reserves its ruling on the Bolthouse's motion since Plaintiffs indicated it their opposition that 1) the deposition of Bolthouse's PMK has yet to occur, and 2) Bolthouse has purportedly failed to respond to discovery. If the opposing party shows by declaration that essential evidence "may exist but cannot, for reasons stated, be ...

Excerpt: ... was November 6th. Plaintiffs did not file the Reply until the day after on November 7th. The prtnf of service attached to the Reply indicates Plaintiff served the Defendants by e-mail on November 7, 2023. The court, in discretion, may refuse to consider late-filed papers in ruling on a motion. Here, Plaintiff's Reply is one day late due to the court being closed on November 10th in observance of Veteran's Day. As Defendants are not likely to suf...

Excerpt: ...ever, the exact terms of the agreement are unclear and plaintiff merely contends Sauer failed to compensate or reimburse her for any of the services or ex#nditures. Based on these facts, plaintiff commenced suit against Sauer on September 11, 2023, for breach of contract and unjust enrichment. Attached to the complaint are a string of text messages and paperwork related to the short term rental approval process. One of the text messages appears t...

Excerpt: ... of Labor Code section 223; (4) failure to provide meal and rest periods; (5) violation of Labor Code secton 227.3; (6) violation of Labor Code section 246; (7) violation of Labor Code sections 201 and 203; (8) violation of Business and Professions Code section 17200; (9) violation of Labor Code sectons 226 and 1198.5; (10) violation of Labor Code section 233; (11) violation of Labor Code section 1102.5; (12) wrongful termination in violation of ...

Excerpt: ... on May 15, 2017 in The County of San Bernardino Official records attached as Ex.2, Doc# 2017- 0198044. The Court GRANTS judicial notice of the grant deed, RJN #2. With regard to the Complaint in this action, it is part of the Court file. Thus, it is unnecessary for the Court to take judicial notice since it has the power to look at its own case file. The Court therefore DENIES the request as unnecessary. (See Davis v. Southern California Edison ...

Excerpt: ...Witnesses (Motion) and Adhere to CCP 2034.450 (Request). Defendant's Motion and Request are supported by a declaration from counsel, Jeffrey A. Walker (Mr. Walker). Plaintiffs filed their Opposition to the Motion on October 26, 2023, which consists of a declaration from Plaintiffs' counsel, John Girardi (Mr. Girardi). Defendant filed his Reply on October 30, 2023. II. ANALYSIS Procedural Issues Plaintiffs' Untimely Opposition: Plaintiff's Opposit...

Excerpt: ...onsidered. DISCUSSION Improper Inclusion of Facts in Demurrer The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick, supra, 82 Cal.App.4th at p. 357.) In analyzing the sufficiency, 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 t...

Excerpt: ...dant argues in his Motion that the responses were incomplete or evasive and did not allow Defendant to properly assess Plaintiff's claim for damages. Further, Defendant argues Plaintiff's objections were without merit and too general. In his Opposition, Plaintiff indicates a supplemental response to *cial Interrogatories No. 4, 6 and 7 was served to Defendant on October 20, 2023. Plaintiff argues at this time the only remaining issue is that of s...

Excerpt: ...3, 2023. Defendant filed its Opposition to Plaintiff's Moton (Opposition) on October 19, 2023 II. DISCUSSION Plaintiff's Motion Defendant's cost memorandum, which was submitted on Judicial Council Form MC-OIO, seeks a total of eight thousand and forty-nine dollars and eighty-three cents ($8,049.83). These costs include two thousand and fifty-five dollars and thirty-eight cents ($2,055.38) for filing and moton fees; two thousand two hundred dollar...

Excerpt: ...sition to the Moton on October 13, 2023, along with a declaration from Plaintiffs' counsel, Michael Bean (Mr. Bean). Plaintiffs filed their Reply in Support of the Motion (Reply) on October 19, 2023. II. ANALYSIS Plaintiffs move to strike or tax three items in Defendant's memorandum of costs: (1) costs of one thousand and seventy dollars ($1,070); (2) court reporter fees of two thousand two hundred and sixty-six dollars and forty-six cents ($2,26...

Excerpt: ...Over the next several months, the parties met and conferred. In the course of those discussions, Defendant agreed to produce supplemental response to RFPs 44 and 45. (Tretola Decl. 95, Ex. C.) On March 23, 2023, Defendant served supplemental responses to the RFPs, which did not include a supplemental response to RFP 45. Also, several of the responses included an agreement to produce documents. However, no such documents were produced. (Tretola De...

Excerpt: ...lfour filed two separate replies. The motion was served one-day short of the notice period 75 days, plus 2 days for electronic service required the motion to have been served on August 9, 2023. But given both Plaintiffs opposed and did not raise service as an issue, the Court deems any issues with service as waived. (Carlton v. Quint 77 Cal.App.4th 690, 697.) This matter is set for trial on July 22, 2024. DISCUSSION Balfour's MSJ At issue is an a...

Excerpt: ...ember 5, 2023, Plaintiff's counsel, Vahe Khojayan (Mr. Khojayan), emailed Plaintiff's counsel, Rick Augustini (Mr. Augustini), regarding the subpoena and indicating Mr. Liu "continues to assert attorney-client privilege and work product doctrine for all communications with Mr. Pang." Mr. Khojayan stated that failure to withdraw the deposition and modify the items requested by September 6th would result in his filing of a motion to quash subpoena....

Excerpt: ...ffs to provide verified responses to all of Defendant's discovery requests without objections by March 14, 2023. On September 5, 2023, Defendant filed the instant Motion for Terminating and Monetary Sanctions (Motion) due to the failure of the Plaintiffs to provide the discovery responses ordered by the court on February 28, 2023. The Motion is supported by a declaration from Defendant's counsel, Rodolfo Gonzalez. Plaintiffs filed an untimely Opp...

Excerpt: ...with leave to amend as to the first and second causes of action. On May 19, 2023, plaintiff Sanchez filed the operative Third Amended Complaint (TAC) alleging two causes of action for: 1) Unfair Business Practices, California Business and Professions Code S et seq.; and 2) Violation of California Consumer Credit Reporting Agencies Act CCP S 1785.25(a). On August 1, 2023, Wells Fargo answered. On September 13, 2023, Talman and Bankers Hill filed t...

Excerpt: ...tentional/negligent infliction of emotional distress (IIED/NIED). The FAC alleges Woodside is developing a large parcel within the City that includes 200 homes, a lake, and related improvements. At the south end of 2nd street, just below Oak Glen Blvd., at the corner, Woodside changed the natural elevation of the land by 20 feet. It then built a 2-story house at that high elevation resulting in the home being able to see into Grotke's backyard an...

Excerpt: ...Esq. Plaintiff filed an opposition on September 5, 2023 and XTOOLTECH filed a reply on September 6, 2023. DISCUSSION Defendant challenges the entire complaint and the individual causes of action on the grounds that it is uncertain and fails to allege sufficient facts to consttute a cause of action. XTOOLTECH also argues that the causes of action lack any calculation of damages. Analysis uncertainty. "A special demurrer should be overruled where t...

Excerpt: ...ntiff's claims were time-barred on the face of Plaintiff's complaint and Plaintiff failed to plead facts supporting application of the delayed discovery rule or tolling based on equitable estoppel. The Court granted leave to amend. On August 1, 2023, Plaintiff filed his operative First Amended Complaint (FAC), which includes the same facts previously pleaded by Plaintiff (see FAC "1-27) and additional facts relating to delayed discovery and tolli...

Excerpt: ...9, 2023, which is thirty (30) days after the parties' mediation with Glenn Barger, Esq. On August 28, 2023, Plaintiff filed this present moton for a protective order together with the declaration of Randi l. Thompson, Esq. Filed by the Court on September 25, 2023 and September 27, 2023, but served on 12, 2023 and September 25, 2023 respectively, are oppositions filed by Defendants, together with a declaration by David Seal, Esq. A reply was filed...

Excerpt: ...t at the tme of Foss's employment she signed and agreed to a Mutual Arbitration Agreement (MAA). Foss opposes. TSA replies. Discussion The threshold issue for the court is whether or not the FAA applies. If so, whether there is an enforceable arbitration agreement. Does the FAA apply? The answer is yes. The FAA applies to arbitration clauses involving interstate commerce. (9 U.S.C. 52; Aviation Data, Inc. v. American Express Travel Related Servic...

Excerpt: ...cificity; and (3) fails to allege a transactional relationship between GM and Plaintiff giving rise to a duty to disclose. GM also seeks to strike Plaintiff's prayer for punitive damages. Plaintiff opposes. GM replies. Fourth Cause of Acton: Fraudulent Inducement - Concealment 1. Statute of Limitations Defendant argues the fourth cause of action is time barred because Plaintiff purchased the vehicle on or about December 21, 2016, yet did not file...

Excerpt: ...ke, GM contends Plaintiff's request for punitive damages is improper as it is not supported by the allegations. Both motions are supported by a meet and confer declaration from attorney Jesse Valencia. Plaintiff opposes both motions and GM has replied. DISCUSSION The Fourth Cause of Action for Concealment An overview of the law "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or su...

Excerpt: ..." - a staffing agency] and Kaiser Foundation Hospitals ("Kaiser") as an Administrative Coordinator on June 16, 2021. On August 4, 2021, Plaintiff was in a serious car accident which caused injury to her feet and legs. After she took two weeks off to recover, Plaintiff returned to work with a walker. (Complaint, 19-21.) In the year following her return Plaintiff would spontaneously lose use of her legs and required accommodations such as no prolon...

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