Excerpt: ...premise liability and (2) negligence. Defendants BBV and McGraw answered. The Complaint alleges on July 11, 2020, Bradford was a short-term renter at 42942 Falls Ave., Big Bear Lake, when she fell after a wood step leading up to the front door broke ("1 & 8). McGraw and BBV owned, managed, controlled, and operated the property (97). Defendants McGraw move for summary judgment/adjudication. Plaintiff Bradford opposes. Defendants McGraw reply. Judi...

Excerpt: ...rman, he spoke with Plaintiff's counsel on February 24, 2023, regarding the issues in the demurrer but the parties were unable to reach an agreement. (Decl. Silverman, '14.) The Court finds the meet and confer requirement SATISFIED under CCP 430.41(a). II. DEMURRER A. 1 st Cause of Acton: Invasion of Privacy under the California Constitution, a person holds a right of privacy. (Moreno v. Hanford Sentinel, Inc. (2009) 172 Cal.App.4th 1125, 1129.) ...

Excerpt: ...ent based on race/color/ethnicity/naäonal origin, age, and disability in violation of FEHA; (3) retaliation in violation of FEHA; (4) retaliation in violation of Labor Cade S 1102.5; and (5) failure to take reasonable steps to prevent harassment, discrimination, and retaliation in violation of FEHA. Now at issue is the District's motion for summary judgment, or in the alternative, summary adjudication directed to each cause of action. For each i...

Excerpt: ...ces Department" and "San Bernardino County Administrative Office" as defendants. In his operative First Amended Complaint (FAC), filed November 10, 2021, Plaintiff alleges the County hired him as Emergency Services Director sometme after his retirement as Fire Chief of upland in 2012. (See FAC "9-18.) The County replaced Plaintiff in February 2020 and ultimately terminated his employment in April 2021. (See id. "29, 43.) Plaintiff alleges: [A]fte...

Excerpt: ...d objections to the notice of deposition and failed to respond to the RFAs. On January 11, 2023, MBM filed this motion to compel deposition and motion to deem RFAs admitted. Both motions request monetary sanctions. After the motions were filed, Defendant filed a substitution of attorney on February 8, 2023 indicating she would be represented by Vip Bhola. These motions were originally on calendar for February 27, 2023. Defendant filed a late oppo...

Excerpt: ... Schuh v. Cal. Dept. of Trans, et Civ.SB.2029431 (Schuh), and He, et al., v. Cal. Dept. of Trans. , et al., Civ.SB.2102100 (He). Plaintiffs seek leave to file a first amended complaint (three separate motions). For judicial economy and effciency, all three motions are set to be heard on April 6, 2023. All the above cases have all been filed by Plaintiffs' attorney Andrew M. Haskett, and a notice of related cases was filed in each achon on May 13,...

Excerpt: ...subd. Judicial Notice With its Demurrer, Defendant Wells Fargo requests judicial notice of (a) Deed of Trust recorded on June 28, 2002 (associated with 1st Loan), (b) Assignment of Trust Deed recorded on June 28, 2002, (c) Deed of Trust recorded on November 21, 2007 (associated with HELOC Loan), (d) Trustee's Deed Upon Sale recorded on April 27, 2018, associated with HELOC Loan, (e) Grant Deed recorded on March 29, 2021, which transferred the Sub...

Excerpt: ...ed alleged four causes of action: (1) open book account; (2) breach of contract; (3) reasonable value of goods sold and received; and (4) account stated. Powell allegedly owed $1,812.38. The proof of service indicates Powell was served through substitute service on his father, Reed Powell, on August 6, 2006 at 17945 Hercules Street in Hesperia. Powell failed to respond and on November 20, 2006, a default was entered against him. The default judgm...

Excerpt: .... A-B; Redfern Decl. at "15- 6, 13, Exhs. B-C & G.) Plaintiffs Espinosa moved to compel further responses to the RFPs. Defendant Honda opposed. Plaintiffs Espinosa replied. At the February 24, 2023, hearing, the Court held the motion was moot as to RFPs #19- 20, 22, 25-31, 37-38, 42-44, 52, 54, 57, 59, 61, and 63 in light of the supplemental responses that Plaintiff accepted. Remaining at issue were RFPs #18, 53, 55-56, 58, 60, 62, and 64. The Co...

Excerpt: ...AL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs responded, an...

Excerpt: ...rt Model Order (the LASC Model Order), but Ford seeks additional modifications thereto. Plaintiff opposes the motion and Ford replies. Analysis Meet and confer. Defense attorney Yoseph Rixit (Rixit) declares Ford and Plaintiff's counsel have been discussing a protective order for this case and other similar cases for months, and specifically met and conferred telephonically on February 1, 2023. (Rixit Decl., 94.) The meet and confer requirement i...

Excerpt: ...As alleged, Defendants hold the following interests in the property at issue: • Aaron Chang, Trustee of the Change Family Trust (Fee Owner); • Ruth Chang, Trustee of the Chang Family Trust (Owner); • Farmers and Merchants Trust Company (Trustee/Beneficiary); On March 9, 2022, SBCTA filed its Complaint in Eminent Domain. The subject property is a part of the construction of the West Valley Connector Project ("Project"), a zero-emission Bus R...

Excerpt: ...ROCEDURAL AND FACTUAL BACKGROUND Through the course of discovery, LLU propounded a second set of requests for production of documents (RPD's) upon each plaintiff. Responses were served on November 14, 2022. With respect to RPD No.'s 45-49, which seek wage and tax documents, plaintiffs indicated they were not pursuing a loss of earnings and therefore refused to prov-de a substantive answer. LLU then sent a meet and confer letter, plaintiffs respon...

Excerpt: ...uests for production of documents. The original responses consisted solely of objections, but Plaintiff provided supplemental substantive responses to this very (emphasis added) voluminous discovery shortly after the instant motion was filed. Plaintiff opposes the motion via a single omnibus brief, and Defendant replies. The primary issue remaining is sanctions. As explained in more detail below, counsel have serious communication issues which re...

Excerpt: ...ed. Without meeting and conferring, Tate filed the pending motion to deem facts admitted the next day, November 29th. Tate then sent a meet and confer letter on December 1st and filed the pending motions to compel verified responses to the FRog's and RPD's on December 20th. The motions are supported by a declaration from attorney Bryan Whitmer-Cabrera; the discovery and discovery responses; the letter from Golden State; and the responsive letter ...

Excerpt: ...urt records]. Objections Defendants object to the 6 declarations submitted by Plaintiffs supporting their Opposition. After reviewing the objections, the Court (1) OVERRULES all 9 objections to Enriquez's declaration, (2) OVERRULES all 21 objections to Vega's declaration, (3) OVERRULES all 3 objections to Riley's declaration, (4) OVERRULES all 12 objections to Koster's declaration, (5) SUSTAINS objection #4, 11, & 13 (improper opinion) to Donnell...

Excerpt: ...quirement appears satisfied. Requests at issue. The subject RFPs request the following original documents for purportedly non-destructive testing: (1) “AIR CRE Standard Industrial/Commercial Multi- Tenant Lease—Net dated November 6, 2020 between Ron Herndon Jr. as ‘Lessor' and Cannextract LLC as ‘Lessee', including page 17 with added handwritten paragraphs.” This lease relates to Units 2 and 3 which Plaintiffs allegedly leased from the ...

Excerpt: ...ell (“Defendant” or “Burrell”). The Complaint alleges two causes of action for (1) Private Nuisance, and (2) Intentional Infliction of Emotional Distress. According to the Complaint, Plaintiff moved into his apartment at 9550 Fremont Avenue, Apt. J5, Montclair, CA 91763, on May 10, 2019. Defendant Kortnee Burrell occupied an adjoining apartment, Apt. J6. Beginning on May 11, 2019, Burrell made loud noises, including talking and laughing a...

Excerpt: ...ility based on a negligence and failure to warn theory. According to the complaint, the incident occurred as Salinas was walking away from the checkout stand with a bag in her hand. The Motion for Summary Judgment/Adjudication Now, through the pending motion, Walmart seeks summary judgment/adjudication, on the grounds that Salinas cannot meet her burden of establishing that the dangerous condition existed for a sufficient time to support a findin...

Excerpt: ... alleged facts are insufficient to support punitive damages. Defendants argue that California does not recognize a cause of action for gross recklessness. The Court agrees. “‘Ordinary negligence'—an unintentional tort—consists of a failure to exercise the degree of care in a given situation that a reasonable person under similar circumstances would employ to protect others from harm. [Citation.] [¶] ‘Gross negligence' long has been def...

Excerpt: ...ce to Yudo Inc., and it has been paying death benefits due to the death of Yudo's employee, Manuel Ortega, who died in an auto accident in New Mexico on July 18, 2019. Plaintiff further alleges Lancer and Palma were the legal and proximate cause of the accident and Ortega's death. Plaintiff's complaint includes two causes of action: (1) general negligence; and (2) motor vehicle negligence. On April 19, 2022, the Court (Judge Robinson) signed and ...

Excerpt: ...ndant” or “Honda”) filed a demurrer which the Court sustained on June 7, 2022 with leave to amend. Plaintiff did not file an opposition to the demurrer. Plaintiff filed a first amended complaint (“FAC”) on June 27, 2022 asserting the same single cause of action. On September 26, 2022, Honda filed a motion for judgment on the pleadings. The Court sustained the motion for judgment on the pleadings with leave to amend. On November 18, 2023...

Excerpt: ...ers. Petitioner claims damages arising from the alleged use of excessive force by police sometime between April 27 and 30, 2020. Respondents oppose the petition. Analysis The motion is supported by the declaration of attorney Steven Parnell Weaver (Weaver), and opposed by the declaration of Fontana Police Lieutenant Matt Kraut (Kraut). While these declarations do reveal some minimal discrepancies in the timeline of events, none are significant en...

Excerpt: ...ent in the underlying eminent domain proceeding related to the Archibald Avenue Improvement Project, which was intended to improve traffic and interchange operations by making improvements to Archibald Avenue between East Oak Hill Drive and Monticello Place near State Route 60. In entering the judgment, the Court determined that defendants Kuzina Development, LLC (Kuzina) was entitled to $206,475.50 for the San Bernardino County Transportation Au...

Excerpt: ...aint, and awarding Nulook $7,304.66 plus prejudgment interest of 10% per annum dating back to August 4, 2016. On November 21, 2022, Nulook filed its memorandum of costs seeking $7,002.42, along with a supporting declaration from counsel containing receipts. On December 8, 2022, M N M filed the instant motion to tax costs. Nulook opposes. No reply is on file to date. DISCUSSION Statement of the Law Except as otherwise expressly provided by statute...

Excerpt: ...tract action against Defendant City of Redlands (“Defendant” or “Redlands”). Plaintiff's complaint included five causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) reformation; (4) declaratory relief; and (5) promissory estoppel. On August 5, 2022, the Court denied the notice of related cases filed by Coyote and found this action was not related to LLTVA2200544. On October 12, 2022...

Excerpt: ...endant Sedillo filed a supplemental declaration in support of the motion, testifying the only insurance policy he would have in place was the one with National General, policy number 2007805533, with a policy limit of $50,000 per person involved in an accident, with $100,000 per accident. (Sedillo Supp. Decl. at ¶2.) Defendant Chiaramonte was not employed by Sedillo on October 7, 2020, the date of the accident. (¶3.) Sedillo was not in the vehi...

Excerpt: ...irected at the sufficiency of the allegations on the face of the complaint just like a demurrer. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [rules governing demurrers generally apply to motions for judgment on the pleadings]; Code of Civ. Proc. §430.10, subd. (e); Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, 572 [demurrer proper only when the facts alleged on the face of the complaint fail to state any valid claim].) Here...

Excerpt: ...10, subd. (f), uncertainty. The moving party complied with the meet and confer requirements before the motion was filed. A demurrer challenges the sufficiency of a pleading by raising questions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; ABF Capital Corp. v. Berglass (2005) 130 Cal.App.4th 825, 833.) As such, the only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a...

Excerpt: ...sition Attendance of GM's Person Most Qualified and Custodian of Records (PMG Motion). GM opposes both motions and Plaintiff has replied. The Motions currently are on the Court's January 26, 2023 law and motion calendar. At the outset, the Court is disappointed with counsel's lack of cooperation and effort in resolving their differences before seeking Court's intervention. Counsel for both sides are put on notice that the Court will issue monetar...

Excerpt: ...ation of the Song‐Beverly Act [against FCA]; and (5) negligent repair [against the Dealership]. FCA and the Dealership answered. The also each filed motions to compel arbitration. However, along with his opposition to FCA's motion, Plaintiff filed a request for dismissal of the Dealership. FCA replied to Plaintiff's opposition to its motion to compel arbitration. As the result of Plaintiff's dismissal of the Dealership, FCA is the only remainin...

Excerpt: ...e following causes of action: (1) negligence; (2) wrongful death; and (3) premises liability. Plaintiffs allege on February 17, 2018, one of the Plaintiffs presented a 2002 Toyota Sequoia for service at Fairmont Tire & Rubber, Inc., and Fairmont represented that the vehicle had been fully and properly serviced and that the vehicle was safe to drive. (¶7.) On August 23, 2018, one of the Plaintiffs was operating the vehicle on the 15 Freeway near ...

Excerpt: ...ent 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 to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties to arbitrate if it determines an agreement to arbitrate exists, unless it d...

Excerpt: ...g Defendants were personally served as Doe Defendants on October 16, 2022. (Exh. 1 to Skaf Decl.) The Demurrer would have been due 30 days thereafter, i.e., on November 15, 2022. (Code Civ. Proc., §430.30.) But Defendants obtained a 30‐day extension to file a response. (Campo Decl. at ¶¶4‐ 5, Exh. B.) That would extend the deadline to December 15, 2022. The Demurrer was filed the day before. And the fact Plaintiff misunderstood the 30‐da...

Excerpt: ...ment Professionals, Landair Logistics, Inc., Covenant Transport, Inc., and Gustavo Bravo. Defendant Express moves to compel arbitration. Defendants Landair and Covenant join. Plaintiff Carrasco opposes. Defendant Express replies. DISCUSSIONS Statement of the Law Federal. The Federal Arbitration Act (“FAA”) [9 U.S.C. §1, et. seq.] authorizes enforcement of arbitration clauses unless grounds exist in law or equity for the revocation of any con...

Excerpt: ...gainst the plaintiff. (Code Civ. Proc., §§426.10, subd. (c), 426.30, subd. (a).) A related cause of action means a cause of action that “arises out of the same transaction, occurrence, or series of transactions or occurrence” as the complaint. (Code Civ. Proc., §426.10, subd. (c).) Furthermore, a cause of action arises out of the “same transaction or occurrence” if the factual or legal issues are logically related. (Currie Medical Spec...

Excerpt: ...restraining order (TRO). On June 3, 2022, the Court granted, in part, Respondent's anti‐SLAPP motion. On June 7, 2022, the Court ordered the TRO dissolved. On July 14, 2022, Respondent filed a motion for attorney fees as prevailing party on his anti‐SLAPP motion. Petitioner did not file an opposition. On August 29, 2022, the Court denied the motion without prejudice, as the original motion failed to include a declaration from counsel establis...

Excerpt: ...iff's original complaint asserted causes of action for: (1) Motor Vehicle Negligence/Negligence Per Se, and (2) Gross Negligence and Recklessness. Defendant demurred and moved to strike the punitive damages allegations. At the hearing on August 17, 2022, the court sustained the demurrer with 45 days' leave to amend and the motion to strike was deemed moot. The Register of Actions is not showing the first amended complaint (FAC) to have been filed...

Excerpt: ...n response, Justin objected on relevancy and privacy grounds. Lewis then attempted to meet and confer, but after no resolution was reached it filed the pending motion to compel a further response to ROGS No. 2.8. The motion is supported by a declaration from Matthew J. Marnell; the discovery and discovery responses; a separate statement; and the meet and confer correspondence. In opposing the motion, Justin concedes that he had a prior conviction...

Excerpt: ...at Cobian's mother and sister are only nominally referenced in the SAC; there is no indication that the contract was written and the breach occurred more than two years before suit was filed; the agreement violates the statute of frauds; and since no conversations between Garfias, Chavez, or Odaliz are alleged then there can be no fraud. The demurrer is supported by a declaration from attorney Gregory D. Angus. The demurrer is opposed by Garfias....

Excerpt: ...scovery responses, Conston purportedly suffered a traumatic brain injury (TBI) with loss of consciousness; post‐concussion syndrome secondary to the TBI with memory loss, photophobia, and insomnia; multiple fractures to her face, nose, and jaw, which have necessitated extensive facial reconstructive surgery, bone grafting, and the need for her mouth to be wired shut; permanent blindness in her left eye, and loss of hearing in the left ear; and ...

Excerpt: ...ied as Assessor's Parcel Numbers 1049‐101‐40; 1049‐131‐02; and 1049‐131‐ 03]. The subject property is a part of the construction of the West Valley Connector Project (“Project”), a zero‐emission Bus Rapid Transit system project. Phase 1 of the Project is 19 miles long and will add 3.5 miles of center‐running, dedicated bus‐only lanes. Phase 1 of the Project will add 21 stations which will provide improved transit connection ...

Excerpt: ...of action must fail because Perez was terminated due to a legitimate and non‐discriminatory purpose as QAI suffered a financial slow down towards the second half of 2019. QAI further argues Perez's 4th and 5th causes of action fail because the evidence shows, and Perez admits, he was provided accommodations. Last, QAI argues Perez's 8th, 9th, and 10th causes of action must fail as QAI did not need “good cause” to terminate Perez and QAI pai...

Excerpt: ...sessor's Parcel Numbers 1011‐141‐07]. As alleged, Defendants hold the following interests in the property at issue:  Grace Property Management, LLC (Fee Owner);  Del Monte Irrigation Company (Easement). The subject property is a part of the construction of the West Valley Connector Project (“Project”), a zero‐emission Bus Rapid Transit system project. Phase 1 of the Project is 19 miles long and will add 3.5 miles of center‐runni...

Excerpt: ...from the person operating the business. The business name is a fiction, and so too is any implication that the business is a legal entity separate from its owner.” (Pinkerton's, Inc. v. Superior Court (1996) 49 Cal.App.4th 1342, 1348.) On March 3, 2018, default was entered against Leabo. On March 26, 2018, Preuss answered. On March 17, 2022, Plaintiff filed an amendment to its complaint to correct the name of Leabo to “SC Medical Products, In...

Excerpt: ... On May 25, 2022, the Court granted, in part, Defendant's motion for judgment on the pleadings. The Court granted the motion as to Plaintiff's fifth through eighth causes of action but denied the motion to the extent it was brought on statute of limitations grounds, “without prejudice.” (Order, filed 5/26/22.) On September 6, 2022, notwithstanding the fact that no amended complaint has been filed, Defendant filed this second motion for judgme...

Excerpt: ...as‐Bailey (“Petitioner” or “Bailey”) on April 21, 2022. The petition sought an order to appoint a neutral arbitrator pursuant to Code Civ. Proc., §1281.6, paragraph 1, on the following grounds: 1. February 2, 2019, Petitioner sustained injuries to her neck and back when the vehicle she was driving was stuck from the driver side by a vehicle driven by Mr. Robert Puckett (“Mr. Puckett”); 2. Metlife, insurance for Mr. Puckett, tendere...

Excerpt: ...o Espinosa and Celia Espinosa filed this lemon law action against Defendant American Honda Motor Co., Inc. Plaintiffs' complaint, which relates to their purchase of a new 2021 Honda Insight, includes three causes of action: (1) breach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiff...

Excerpt: ...s the following analysis and ruling on the merits. As a preliminary matter, Petitioner is correct that Code of Civil Procedure section 35 may apply to this litigation. The statute provides: “Proceedings in cases involving … the certification or denial of certification of ballot measures, election contests, and actions under Section 20010 of the Elections Code shall be placed on the calendar in the order of their date of filing and shall be gi...

Excerpt: ...d Sur‐Reply to Defendants' Motion to Compel Payment of Rent. The Court also received an Objections of Defendant Cynthia Inez Lopez to Galgano's Notice of Joinder and Sur‐Reply. The Court sustains Ms. Lopez' objections and declines to consider the Sur‐Reply and Joinder as being untimely. II. DISCUSSION Defendant Cynthia Ines Lopez seeks an order requiring payment of rent. Plaintiffs oppose the motion, asserting it is an attempt to seek a man...

Excerpt: ...ies. This argument has no merits. To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. [Citation.] A defendant does not owe a legal duty to protect against third party conduct, unless there exists a special relationship between the defendant and the plaintiff. [Citation.] In that circumstance, “[i]n addition t...

Excerpt: ...On December 11, 2020, Defendant answered. Now at issue is Defendant's motion for summary judgment (MSJ) of Plaintiff's complaint. Plaintiff filed a timely opposition. Defendant filed a timely reply. II. DISCUSSION A. Summary Judgment – Statement of Law Summary judgment motions enable a court to determine the opposing party's pleadings lack evidentiary support and to limit or terminate the action accordingly: “The purpose of the law of summary...

Excerpt: ...ach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement (concealment). Now at issue is Defendant's demurrer to Plaintiffs' third cause of action, and Defendant's motion to strike Plaintiffs' punitive damages claims. Plaintiffs filed an opposition to each motion. Defendant filed a reply to each opposition. II. DISCUSSION A. Demurrer 1. Statement of the Law – Demurrer A demurrer is a pleading used to test the legal ...

Excerpt: ...remise liability. Defendant AMC Cinema answered. The Complaint alleges on April 19, 2019, Gibson was a patron at the movie theater owned, leased, managed, or supervised by AMC Cinema. Around 6:20 p.m., he slipped and fell on a slippery substance near the soda machines (¶¶7, 9‐10). On July 28, 2021, the Court held a further trial setting conference. No party appeared so it set an OSC re dismissal for August 27, 2021. (Papanikolas Decl. ¶6, Ex...

Excerpt: ... at ¶5; Brault Decl. at ¶¶4‐5, Exhs. 2‐3.)[1] Finding the objections lacking merit, Defendant 4X McCall filed motions to compel further responses to Special Interrogatories #1‐3, 5‐16, and 18‐ 22, and RFPs #1‐34.[2] Plaintiff Scott opposes each. Defendant 4X McCall replied. Analysis The Court DENIES Defendant 4X McCall's Motions as untimely. The statutory 45‐day deadline is mandatory and jurisdictional in the sense that the court...

Excerpt: ... quo that rent is reduced to $8,000 per the Lease and addendum concerning Units 2 and 3 of the Subject Property. Defendants Lopez and Trust opposed. Plaintiffs Cannextract and Nguyen replied. The Court heard the preliminary injunction on September 1, 2022. It was denied but Plaintiffs were allowed to refile with corrections. On September 1, 2022, Plaintiffs Cannextract and Nguyen re‐filed an identical Preliminary Injunction Motion. Defendants T...

Excerpt: ...alderon Cruz, who at the time was working for defendant Hylkema Roofing. Based on the damages sustained, Norene and her husband, Brian, commenced suit on February 10, 2021 for negligence, negligent infliction of emotional distress, and, as to Brian, loss of consortium. Now, through the pending motion, the Seeleys seek to compel further responses to requests for production of documents (RPD's) and compel the actual production of responsive documen...

Excerpt: ... product liabilitymanufacturer defect, (3) product liability‐design defect, and (4) product liability‐inadequate warning. Defendant PAG answered. The Complaint alleges on April 13, 2016, Williams purchased a 2008 BMW 750L1. The Subject Vehicle was equipped with a Comfort Access and Soft Close Automatic option for the latches of its doors. This option was designed and manufactured to assist in closing the doors through sensors and an electric ...

Excerpt: ...property involved, as opposed to others who may be interested or benefited by the litigation. (Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560, 1566.) Where the plaintiff's lack of standing appears on the face of the complaint it can be raised by a general demurrer for failure to state facts sufficient to constitute a cause of action. (Sacramento Cnty. Fire Prot. Dist. v. Sacramento Cnty. Assessment Appeals Bd. (1999) 75 Cal.App.4th 32...

Excerpt: ... that rent is reduced to $8,000 per the Lease and addendum concerning Units 2 and 3 of the Subject Property. Defendants Lopez and Trust oppose. Plaintiffs Cannextract and Nguyen reply. DISCUSSIONS Statement of the Law Code of Civil Procedure section 527, subdivision (a) allows for the issuance of preliminary injunctions at any time before judgment upon a verified complaint or upon affidavits that show satisfactorily that sufficient ground exists....

Excerpt: ...ed for $338,553 and Optimal settled for $331,244.51 for a total of $669,797.51 from the parties which did the actual drilling. National did not recommend the Phase II studies, it was recommended by an entity named Fulcrum. As National did not perform Phase II studies, it informed Golden Bank it would find a company to perform the work. National contacted George Johnson of Athanor which accepted the work, and then subcontracted the work to Optimal...

Excerpt: ...ses. Plaintiffs Hernandez and Lopez reply. DISCUSSIONS Except as otherwise stated, a prevailing party[1] is entitled, as a matter of right, to recover costs in any action or proceeding. (Code Civ. Proc., §1032, subd. (b).) Procedurally, Rules of Court, rule 3.1700(a)(1) allows for a prevailing party to recover costs by filing and serving a memorandum of costs within 15 days after the date of service of the notice of entry of judgment. As costs a...

Excerpt: ... operative First Amended Complaint (FAC) pled 2 causes of action: (1) negligence by Hernandez and (2) loss of consortium by Lopez. Defendants JBS and Lennar answered. Judgment in Lennar's favor was entered on May 20, 2022. That judgment is on appeal. The FAC alleged on August 20, 2018, Hernandez, an employee of R.C. Wendt Painting (“RCW”), was on the 3rd tier of a scaffolding painting trim and fascia of a home when the scaffolding became unst...

Excerpt: ... Salvador Cortez and Esther Cortez: (1) Negligence; and, (2) Premises Liability. Plaintiff alleges that Defendants owned, maintained, controlled, possessed, repaired, inspected, operated, designed, built, managed, and cleaned certain property materials located at 221 N 3rd Avenue, Barstow, California 92311, which were involved in the incident hereinafter described. (Complaint ¶ 7.) It is further alleged that on or about March 1, 2019, at the afo...

Excerpt: ...nc. dba CA Construction (Plaintiff) entered into a written Home Improvement Contract with Defendant Juanita Linton, individually, and as trustee under the Juanita A Linton Trust dated October 22, 2020 (Defendants), for real property located in Rialto. (¶¶ 11‐12.) The agreed‐upon contract price was $303,052.00, which was later revised to $300,902.81, as the parties agreed to change orders. (¶¶ 12‐13, 17.) At the conclusion of the project...

Excerpt: ...ent of its value, (4) a statement of the property's location, and (5) a statement that the property has not been taken for a tax, assessment, or fine under a statute, or seized. (Code Civ. Proc., §512.010, subd. (b)(1)‐(5).) In addition, the applicant must demonstrate the “probable validity” of the claim and post a bond. (Co‐de Civ. Proc., §§ 512.040 (b) and 515.010.) RCA Service Co. v. Superior Court (1982) 137 Cal.App.3d 1, 3 states:...

Excerpt: ... to Plaintiff, he has twice attempted to depose McGinley regarding several documents that are relevant to this litigation and whether McGinley had signed them. (Ibid.) Plaintiff's counsel attests that on both occasions, the documents were hand‐delivered to McGinley's counsel's office before the depositions. (Id. at ¶¶ 4, 5.) However, Plaintiff contends that McGinley's counsel failed to share the documents with McGinley before the depositions,...

Excerpt: ...Special Interrogatories (requesting, inter alia, identification of all facts, persons with knowledge, and supporting documentation for each allegation in the operative pleading); (2) Form Interrogatories; (3) 86 Requests for Production (in native format with accompanying metadata); and, (4) 5 Requests for Admission. (See Declaration of Thomas M. Fedeli (Decl. Fedeli), Exhibit 1.) On November 19, 2021, Ridderbush served the following discovery dem...

Excerpt: ... the complaint and prior to entry of judgment, the plaintiff may move the court for an order for possession … [by] demonstrating that the plaintiff is entitled to take the property by eminent domain and has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article.” (Code Civ. Proc., § 1255.410, subd. (a).) More specifically, Code of Civil Procedure section 1255.010 states th...

Excerpt: ..., a responding party to propounded interrogatories (form or special), and document demands may move for a protective order. (Code of Civ. Proc., §§2030.090, subd. (a), 2031.060, subd. (a)). Any motion for a protective order must be accompanied by a meet and confer declaration. (Code of Civ. Proc., §§2017.020, subd. (a), 2030.090, subd. (a), 2031.060, subd. (a)). “The court, for good cause shown, may make any order that justice requires to p...

Excerpt: ...C. Under the terms of the lease, Samuel's was required to pay monthly rent in the amount of $5,140. On May 11, 2022, Rancho Plaza served Samuel's with a 3‐ day notice to pay rent or quit. At the time, the amount of rent due was $44,852.00. Rancho Plaza seeks to recover possession of the premises, past due rent of $44,852.00, fair rental of $171.33 per day since June 1, 2022, attorney fees, and forfeiture of the lease agreement. (See Coml.) Samu...

Excerpt: ... portions of the Complaint and Whitson opposes. Polymer80 has filed the required declaration of counsel showing compliance with the meet and confer requirements under Code of Civil Procedure sections 430.41 and 435.5 before filing its demurrer and motion to strike. II. ANALYSIS Polymer80's General Demurrer Protection of Lawful Commerce in Arms Act “PLCAA” First, Polymer80 argues PLCAA immunity. Defendant argues that the immunity bars this act...

Excerpt: ...first, third, fourth, fifth, and sixth causes of action on the ground that they are time‐barred. (See Dem. ¶¶4, 5, 12, 14, 16, and 21.) a) Plaintiff's First Cause of Action for Breach of Contract “The elements of a breach of oral contract claim are the same as those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortgage, Inc. v. Tope (2014) 233 Cal.App.4th 437, ...

Excerpt: ... statement of its value, (4) a statement of the property's location, and (5) a statement that the property has not been taken for a tax, assessment, or fine under a statute, or seized. (Code Civ. Proc., §512.010, subd. (b)(1)‐(5).) In addition, the applicant must demonstrate the “probable validity” of the claim and post a bond. (Code Civ. Proc., §§ 512.040 (b) and 515.010.) RCA Service Co. v. Superior Court (1982) 137 Cal.App.3d 1, 3 sta...

Excerpt: ...�FAC”) states a notice of Default was filed on March 7, 2018 (FAC, ¶31, Ex. 8), whereby Plaintiffs allege they were first made aware of the alleged fraud. (FAC, ¶¶ 64, 84.) Since this action is based on fraud, the statute is three years from discovery. (Code Civ. Proc., §338, subd. (d).) It does not appear definitively from the first amended complaint that the action was not timely commenced. Therefore, the motion for judgment on the pleadi...

Excerpt: ...ecl. ¶¶8‐14, Exs. I, J, K; Zappia Decl. ¶¶16‐ 18, Exs. 14‐19.) On March 10, 2022, Plaintiff's counsel sent defense counsel a meet and confer letter. (Della Santa Decl. ¶16, Ex. L; Zappia Decl. ¶3, Ex. 1.) On March 16, 2022, defense counsel sent a responsive meet and confer letter to Plaintiff's counsel. (Della Santa Decl. ¶18, Ex. N; Zappia Decl. ¶4, Ex. 2.) He did not receive a response. (Della Santa Decl. ¶19.) On March 30, 2022,...

Excerpt: ...bdivisions (c) [authorizing notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States”] and (h) [authorizing notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy”]. Since Defendant is a government agency, judicial notic...

Excerpt: ...e to take place, in person or remotely, unless agreed to the parties.” This order had to do with BofA requesting that depositions occur remotely due to COVID‐ 19 and that they not be required to be in‐person. The ruling does not appear to have been intended to impose a discovery stay. On September 7, 2021, the Court denied Plaintiff's motion to lift the order. The trial readiness conference currently is set for September 15, 2022, and a jur...

Excerpt: ...f action against defendants William Barahona (Barahona), Cinthy Veronica Arroyo (Arroyo), and CTR Import & Export Inc. (CTR) (Collectively, Defendants): (1) Breach of Contract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Alter Ego; (4) Unjust Enrichment; and, (5) Conversion. In response to Plaintiff's Complaint, on July 30, 2021, Defendants filed an Answer. On October 19, 2021, Defendants' Counsel, Dariush G. Adli ‐ ADLI ...

Excerpt: ... “Defendants”). The Complaint alleges twelve causes of action for: (1) Negligence‐Premises Liability‐ Dangerous Condition; (2) Negligence‐Premises Liability‐Failure to Secure Safe Access to Construction Area; (3) Peculiar Risk Doctrine; (4) Liability to Employees of Independent Contractors‐ Retained Control; (5) Negligent Inspection; (6) Negligent Training; (7) Negligent Supervision; (8) Negligent Operation of a Motor Vehicle; (9) N...

Excerpt: ...nty; (3) replevin; (4) conversion; (5) declaratory relief; and (6) common count. Plaintiff alleges Defendant owes it $323,640 as the result of Defendant's default on a promissory note. Plaintiff further alleges it has the right to possession of collateral under the terms of the agreement. On August 16, 2019, Defendant filed his operative, amended verified answer. Now at issue is Plaintiff's motion for summary adjudication (MSA) of its own first, ...

Excerpt: ...eged Ochoa separately subjected Plaintiffs to harassment based on their sex or gender, Defendant did nothing in response to their complaints, which ultimately resulted in their constructive termination. (¶¶ 9‐11.) Plaintiffs filed their Complaint August 4, 2021, asserting causes of action for: (1) Harassment (Hostile Work Environment) in Violation of FEHA Based on Sex; (2) Discrimination Based on Sex in Violation of FEHA; (3) Retaliation in V...

Excerpt: ...ees or supervisors under Labor Code section 1102.5. Plaintiff's Eighth Cause of Action for Violation of Labor Code section 1102.5: Both sides provide persuasive arguments concerning legislative analysis concerning whether or not there is individual liability against employees or supervisors under Labor Code section 1102.5. Defendants concede that liability may lie against individual persons who retaliate on behalf of an employer—for example, at...

Excerpt: ...amended complaint (FAC) alleges causes of action for (1) premises liability; (2) general negligence; and (3) negligence per se. Plaintiff alleges she was visiting a family member at the Del Mar apartments. While at the pool, she walked to the restroom and slipped on the wet and slippery concrete surface in the hallway between the restroom doors. Before falling, Plaintiff did not see or appreciate that the area was unusually slippery due to the im...

Excerpt: ...or Production of Documents (RFP). (Declaration of Thomas Dreblow, ¶ 4; Exhibit A to Dreblow Dec.) On October 4, 2021, Defendant served unverified responses that were also not code‐compliant. (Dreblow Dec., ¶ 5; Exhibit B to Dreblow Dec.) Defendant served its verifications October 26, 2021. (Dreblow Dec., ¶ 7; Exhibit D to Dreblow Dec.) On October 22, 2021, Plaintiffs sent their initial meet‐and‐confer letter, explaining why Defendant's r...

Excerpt: ..., or that Defendant intended Plaintiff to rely on the representations. Plaintiff argues the cause of action is well pled. A fraudulent concealment claim requires a plaintiff to plead the following: (a) defendant concealed or suppressed a material fact; (b) defendant was under a duty to disclose the fact to the plaintiff; (c) defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; (d) plaintiff was unawar...

Excerpt: ...s liability arising from an accident that occurred at 5775 Riverside Drive in Chino on January 7, 2019. The complaint alleges the accident was caused by “uneven concrete.” Defendant supervised, maintained, owned, and controlled the premises. (Complaint, ¶¶4, 8, 9.) On March 13, 2022, Defendant filed the instant motion for summary judgment on grounds the defect was both (1) trivial; and (2) open and obvious. Plaintiff opposes and Defendant r...

Excerpt: ...nduct against Borer and his wife, which includes defaming, threatening, and yelling at them. On April 28, 2022, the Court granted Borer's ex parte request for a temporary restraining order. Thereafter, Respondent Clarke moved ex parte to set on short notice a hearing on her Anti‐Slapp Motion. That ex parte was granted with the Anti‐Slapp Motion attached to the Ex Parte being deemed filed on May 20, 2022. Petitioner Borer opposes by way of see...

Excerpt: ...on whereas between Capre and Cohen, the acts alleged arise out of an employer/employee relationship. To support a fiduciary duty, Capre needs to plead facts in support of a confidential relationship with Cohen.  SUSTAINS Cohen's special demurrer to the Cross‐Complaint for uncertainty, with leave to amend, for Capre to correct the property address.  DENIES the motion to strike. Allegations directed to duties owed Zee and the property selle...

Excerpt: ... in November 2019 (the who, what, when, and how or where). Scott similarly represented via e‐mail just after the transaction was funded that she would reimburse defendants and defendants thereafter went forward with the rescission and incurred the unpaid fees and costs (again outlining the who, when, what, and how or where). These specific allegations, coupled with the elements of the claim as outlined in the pleading, are particularized and st...

Excerpt: ...Regular Meeting Agenda and attachments; (2) City of Adelanto November 9, 2016 City Council Amended Regular Meeting Agenda and Attachments; (3) City of Adelanto Ordinance No. 557; and (4) City of Adelanto Ordinance No. 558. (These document are attached to counsel's concurrently filed declaration.) The two ordinances are subject to judicial notice either Evidence Code section 452, subdivision (b), which authorizes judicial notice of legislative ena...

Excerpt: ...an filed a joint Opposition to the Demurrers and a joint Opposition to the Strike Motions. Defendants filed replies. Without any authorization or statutory authority, Plaintiffs filed a response to the replies which is inappropriate. The Court did not consider Plaintiffs' response to the replies. Having considered the parties' moving papers, the Court rules as follows: A. Defendant Kohler's Demurrer (1) SUSTAIN with 20‐days leave to amend Defen...

Excerpt: ...ident. With these limitations, the court grants the motion to compel regarding Special Interrogatory Nos. 10‐12, 13, 40‐41, and 44. The court overrules the objections and grants the motion to compel a further response to Special Interrogatory No. 14. The response that an interrogatory is not applicable is not a substantive response. Defendant shall provide further responses as set forth above within 10 days from the date of this order (May 23...

Excerpt: ...dmitted motion”].) Here, that is precisely what Inland has done. Plaintiff Virginia Carillo contends the responses are not substantially code‐compliant, in part because Inland denied 13 of the 22 requests, and it admitted six requests, yet it did so elaborating on its admission or denial. However, this is not required under section 2033.220, which allows a party to either admit or deny a request, and there is no requirement that Inland explai...

Excerpt: ...fficult to distinguish between what expert will testify as to what aspect of the vehicle. Thus, at the very least good cause had been shown for an order requiring GM to provide a bit more specificity as to the expert testimony. This would better flush out if there will be duplicative testimony and if some of the experts should be excluded all together. GM has since indicated it would limit its expert designation to one witness, Timothy Minich. Th...

Excerpt: ...not complied with the claims presentation requirement of the California Tort Claims Act, and has failed to allege circumstances excusing compliance. Government Code section 910 provides a notice must be sent to the public entity, identifying the claimant, the nature and circumstances of the event giving rise to the claim, the nature of the indebtedness, damage or loss being claimed, and the name or names of the public employees who caused the dam...

Excerpt: ... Alegre (2009) 177 Cal.App.4th 1277, 1293‐1294; Leko v. Cornerstone Building Inspection Services (2001) 86 Cal.App.4th 1109, 1124 [“Implicit in the requirement that counsel contact the deponent to inquire about the nonappearance is a requirement that counsel listen to the reasons offered and make a good faith attempt to resolve the issue”].) In addition, Defendant's objections were justified, and Plaintiff's position regarding the scope of ...

Excerpt: ...ral Motors, LLC to serve further responses to special interrogatories 5, 14, 23, 40, 42, 43, and 45. (3) GRANTS Plaintiff's motion to compel Defendant General Motors, LLC to serve further responses to RFPs 6, 54, and 63. (4) DENIES Plaintiff's motion as to RFPs 38‐41, 47‐50, 61, and 62. Analysis and Bases re Denial Plaintiff's motion appears problematic as it relates to RFPs 38‐41 and 47‐50. The moving party must establish “good cause�...

Excerpt: ...s argument ignores Code of Civil Procedure section 599, which provides that notwithstanding any other law, a trial continuance extends any deadlines that had not already passed as of March 19, 2020, unless the court expressly orders otherwise. That means, each trial continuance automatically continued the discovery cutoff dates to be governed by the new trial in that the Court here has not expressly ordered otherwise. Thus, the motions were timel...

Excerpt: ...ities are not actionable. This argument does not support the demurrer. Exhaustion of Administrative Remedies – A demurrer is properly sustained based on failure to plead exhaustion of administrative remedies. (Tejon Real Estate, LLC v. City of Los Angeles (2014) 223 Cal.App.4th 149, 156.) Grand Terrace Municipal Code section 5.04.250 requires an administrative appeal to the city council of any decision of the collector made under Municipal Code...