Excerpt: ... reached on the objections to the pleading. (Code Civ. Proc., 55430.41, subd. (a), 435.5, subd. (a)(1)-(2).) With the demurrer and strike motion, the moving party shall submit a declaration stating (a) how the parties met and conferred and no resolution was reached, or (b) the opposing party failed to respond to the demurring party's meet and confer requests or failed to meet and confer in good faith. (Code Civ. Proc., "430.41, subd. (a)(3), 435....

Excerpt: ...Amended Complaint alleging two causes of action for Negligence—one against County, and the other against Dæ Defendants 2 through 25. Following a successful demurrer, Plaintiff filed the operative Second Amended Complaint ("SAC"). The SAC alleges two causes of action for Negligence, one against the County, and one against Doe Defendants. At issue today is the County's Motion to Strike Portions of Plaintiff's SAC. An Opposition and Reply have be...

Excerpt: ...t Amended Complaint (FAC), filed March 7, 2022, Plaintiff alleges the following: On December 16, 2020 at 10:42 p.m„ Plaintiff was serious injured in a head-on collision caused by the other driver, Christa Gadsby. Gadsby, who was negligently driving under the influence of alcohol at the time of the collision, was killed in the accident, as were others, including Gadsby's daughter and the driver of the vehicle in which Plaintiff was passenger. Pl...

Excerpt: ...s on October 2, 2020, on or near 1635 W. Lugonia Ave., Redlands, Isaac slipped and fell on a substance on a slippery floor. Defendants own, control, or maintain the premises. Defendant Marshalls filed a Cross-complaint against Cross-Defendant Hyrosen and a later dismissed party. Against Hyrosen, the Cross-complaint pled claims for indemnity, declaratory relief, apportionment, and contribution. Cross- Defendant Hyrosen answered. Cross-complainant ...

Excerpt: ...) the exact percentage of premium that form the basis of Bamboo's compensation, (c) the amount of limits of liability of insurance policies and fidelity bonds, (d) the amount of settlement and reserve authority Bamboo has in its management role, and (e) a description of commission and profit commission that forms part of Bamboo's compensation. Plaintiffs Franco and Lopez oppose. Defendant Bamboo replies. DISCUSSION Statement of the Law To seal a ...

Excerpt: ...y 23, 2023, the court heard the instant motion to quash service of summons by specially appearing Defendant Nemrop Chavez Luna. The parties agreed to continue the hearing pending the filing of a fully executed Article 6 Certificate. Plaintiff opposed the motion and Defendant replied. On April 24, 2023, Plaintiff filed an addendum to his opposition. II. DISCUSSION a. Analysis Specially appearing Defendant Nemrop Chavez Luna seeks to quash defectiv...

Excerpt: ...t — breach of implied warranty. Before the Court is BMW's motion to compel arbitration under the Lease Contract Plaintiff entered into with BMW of Ontario. Plaintiff opposes. BMW replies. BMW acknowledges it is nota signatory to the Lease. It asserts two arguments as reason to compel arbitration: (1) it is a third party beneficiary entitled to enforce the arbitration provision in the Lease because the Lease was assigned to its affiliate; and (2...

Excerpt: ...23 by Plaintiffs M.J.B.B. and M.D.B.M„ minors through their guardian ad litem W.B. (collectively, "Plaintiffs") asserting causes of action for: (1) sexual battery in violation of California Civ. Code, 51708.5; (2) gender violence in violation of California Civ. Code, 552.4; (3) battery; (4) assault; (5) false imprisonment; (6) interference with exercise of civil rights (Civ. Cade, 552.1); (7) intentional infliction of emotional distress; (8) ne...

Excerpt: ...t lists attachments, but they do not show on Odyssey: EXHIBIT A — WARRANTY DEED EXHIBIT 8 — GRANT DEED EXHIBIT C — QUITCLAIM DEED and EXHIBIT D — WILL The Complaint concerns real property which Plaintiff, decedent Gloria Guerrero's son, quitclaimed to his mother on August 13, 2015, allegedly for no consideration. Plaintiff claims there were oral agreements that the property would still be his, despite his mother moving onto the property i...

Excerpt: ...onsible, namely, defendants Trien Dang, M.D.; Chino Medical Group, Inc., dba My Family Medical Group (CMG); Miguel Cervantes-Lopez, M.D.; Casa Colina Hospital (Casa); and Centers for Healthcare. The operative first amended complaint (FAC) contains one claim for medical malpractice. The FAC indicates that on or about July 1, 2020, Gomez obtained medical treatment from CMG related to a sore throat and a "swollen bump on [his] neck." (FAC at 15.) Th...

Excerpt: ...rs, LLC (GM), was purportedly given a reasonable opportunity to do so, the vehicle was not repaired. GM also failed to replace the vehicle or make restitution. Based on these allegations, Plaintiff commenced the underlying action on June 28, 2021, against GM for (1) breach of the implied warranty of merchantability under the Song-Beverly Consumer Warranty Act and (2) breach of express warranty under the Song-Beverly Consumer Warranty Act. Plainti...

Excerpt: ...r implied by conduct. (Code Civ. Proc. S 430.10, subd. (g).) . In this instance, Defendant Qi argues that Plaintiff fails to adequately plead a breach of contract claim because "the written agreement that is attached to the Complaint does not require [defendant] to cause the transfer to be reflected on the books and records of the Corporation as agreed" or for Defendant Qi "to make an amendment with the California Secretary of State to change the...

Excerpt: ...CC now demurs to each of the causes of acton on the grounds that they fail to state sufficient facts. In particular, CCC argues state agencies are not "persons" for purposes of 42 U.S.C. section 1983; Education Code section 200 is a policy statement and not a private right of action statute; public schools are not "business establishments" for purposes of the Unruh Act and no animus is alleged; and the declaratory relief claim fails since the vac...

Excerpt: ...urt rule or order of court." (Code Civ. Proc., S 436.) Plaintiffs move to strike Defendants' answer on the ground it was not timely filed. Plaintiffs are correct that Pyciak failed to timely file an answer. That cannot necessarily be said for the other defendants because it is unclear when, or if, they were ever served with the summons and complaint. Regardless, as Defendants correctly argue, the filing of an answer prevents entry of default. (Se...

Excerpt: ...nally served Plaintiff with the summons and complaint. (See Proof of Service, filed 7/10/23.) On August 19, 2019, the Court Clerk entered default and default judgment against Defendant, and in favor of Plaintiff, in the amount of $2,870.96 (inclusive of $312 in costs). On June 23, 2023, Defendant filed this motion to set aside default and default judgment. Plaintiff filed a timely opposition. Defendant did not file a reply. II. DISCUSSION Defenda...

Excerpt: ... on August 23, 2021, under case no. CIVSB212455, against Specialized Loan Servicing, LLC (Specialized), The Mortgage Law Firm (TMLF), Greenpoint Mortgage Funding, Inc. (Greenpoint), Wells Fargo Bank, National Association (Wells Fargo), and later dismissed parties. On December 15, 2021, Whisler also commenced case no. CIVS82132900 against more than 20 defendants. The two cases are currently active and have since been consolidated. The two consolid...

Excerpt: ...itez, Jr. (Benitez) and owned by defendant Fresenius Medical Care Holdings, Inc. (Fresenius). In his complaint filed on October 2, 2020, Trujillo alleges he was driving on 1-15 in Ontario when Benitez failed to travel in an appropriately designated traffc lane and failed to maintain a proper lookout and distance between vehicles, causing a forceful impact with Trujillo's vehicle. The complaint alleges four (4) causes of action: (1) negligence; (2...

Excerpt: ...ords pertaining to the care, treatment, and examination of [Doe] regardless of treatment dates including all offce, ER, pathology records, inpatient and outpatient charts and records. Produce all electronic discovery records including correspondence and email records, prescriptions, and patient questionnaires. All descriptions of all exercises proscribed and documentation that indicates dates and times of patient's appointments. Include all physi...

Excerpt: ...tions that Sentinel was involved in the sale of the property to the insured. Defendant asserts in a conclusory fashion that the real estate transaction records may show the condition of the roof at the time of the sale. But no information is provided about when such sale occurred and the subpoena itself does not give any indication of time period for which the records are sought. (See Kim Decl. Exh. A.) Defendant also does not make clear whose re...

Excerpt: ...sive pleading is due. Under Code of Civil Procedure secton 430.41, subdivision the demurring party must file a declaration stating either: (B) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. (B) That the party who filed the pleading subject to demurrer failed to respond to the meet an...

Excerpt: ... natural elevation by 20 feet, upon which a two-story home was built which "towers above the plaintiff's homes, blocking his view of the mountains, and utterly destroying his privacy, and his ability to enjoy his home, or his backyard." (Compl. 910.) Plaintiff's complaint includes two causes of action against Defendants: (1) private nuisance; and (2) IIED "or" NIED. Now at issue is Defendant Woodside's general demurrer to both causes of action. P...

Excerpt: ...e first cause of acton by Crabtree and Sharma was one for negligence against Optimal, Athanor, National, and Golden Bank for negligence based on the allegations that defendants' negligence caused the leak. As a result, allowing co-plaintiffs Cedar and Alrahaman to assert their own negligence claim would not cause prejudice, nor would it really expand the scope of the litigation. The only additional issue that will be litigated as a result of the ...

Excerpt: ...ffing 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 prolonged stand...

Excerpt: ...and conferred multiple times in wr-ting and via telephone in April and May 2023. The parties were unable to resolve their dispute regarding PMK topics 3, 4, and 14. After amended deposition notces were served containing the same disputed topics, the LL defendants filed the pending motion for protective order. Through the motion the LL defendants seek an order prohibiting questions on topics 3 and 4 and relieving them from designating a witness as...

Excerpt: ...s 10 causes of acton: (1) Declaratory relief by Arsen; (2) Accounting by both; (3) Financial elder abuse by Arsen; (4) Breach of duty of loyalty by AV Auto; (5) Breach of fiduciary duty by both; (6) Conversion by both; (7) Concealment by both; (8) Intentional misrepresentation by both; (9) Intentional inference with contract by AV Auto; and (10) Violation of the Unfair Competition Law (UCL) by AV Auto. The FAC alleges Arsen created and began oper...

Excerpt: ...ege they were traveling on West 4th Street and North East Street in San Bernardino when a truck owned by defendant WEL Companies, Inc. (WEL, esa Tilens Truck Leasing, LLC) and operated by defendant Ronald E. Harvey (Harvey) ran a red light and struck their vehicle. Fourdyce was the passenger in Winslow-Williams' vehicle. WEL and Harvey answered. No trial date is currently set. On June 6, 2023, Plaintiffs filed this motion for trial preference und...

Excerpt: ...ove up hearing, which was continued multiple times. Notably, Defendant appeared at the October 27, 2020 OSC hearing. Because Plaintiff's counsel failed to appear at that hearing, the Court set an OSC re dismissal hearing for December 9, 2020. (See Minutes 10/27/20.) On November 17, 2020, Plaintiff filed a motion for order appointing partition referee. On December 9, 2020, both parties appeared for the OSC hearing and requested a contnuance. The m...

Excerpt: ...y, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. (c) upon the filing of a supplemental complaint, the court clerk shall issue an amended or supplemental summons pursuant to Section 412.10. Service of the supplemental summons and complaint shall be made in the manner provided for the initial service of a summons by this code. Unlike an amen...

Excerpt: ...n April 13, 2023 and then discussed the discovery by phone five days later. No resolution was reached so the pencrng motions to compel further SRog responses and deem facts admitted was filed. The motions involve SRog No.'s 5-7, 11, 17, 19-20, 22, 25-27 and RFA's 2, 13-16, and 20. The motion is supported by a declaration from attorney Amy Maclear; the responses to the discovery; and the meet and confer correspondence. The motion is opposed by Roj...

Excerpt: ...ot file a reply. II. DISCUSSION Merits of Defendant's Motion to Strike Motions to strike can be used to strike any "irrelevant, false or improper matter inserted in any pleading," or to strike any pleading or part thereof "not drawn or filed in conformity with the laws of this state, a court rule or order of court." (Code Civ. Proc., S 436.) Defendant moves to strike Plaintiff's request for an award of attorney fees in paragraph 20 of the FAC and...

Excerpt: ...laint pleads one cause of action for negligence. Defendants WI and Edison answered. The Complaint alleges on September 29, 2017, a fire broke out in the electrical room at 1640 E. 4th St., Ontario. The fire spread to the property owned by Golden Globalinks Corporation dba Golden Corral ("Golden"). MJI owns, possesses, manages, and/or maintains the maintenance room. Mid-century insured Golden and its property ("4-6). Defendant MJI filed a Cross-co...

Excerpt: ...ore it too is barred by the statute of limitations. The demurrer is supported by a declaration from attorney Steven Friedland and a meet and confer e-mail. The demurrer is opposed by Defendant, but it seemingly responds to arguments not made in the demurrer. DISCUSSION under Code of Civil Procedure section 430.41, before filing a demurrer, the objecting party shall meet and confer with the opposing party in person or by telephone for the purpose ...

Excerpt: ...1) breach of lease against Lefty, and (2) breach of guaranty against Mallad. Defendants answered. Defendants Lefty and Mallad filed a Cross-complaint against Cross-Defendant Kim. The Cross-complaint pleads 4 cross- claims: (1) breach of the implied covenant, (2) breach of the covenant of quiet enjoyment, (3) constructive eviction, and (4) rescission. The Complaint and Cross-complaint allege on August 4, 2020, Rivsa SB Pad, LLC ("Rivsa") and Lefty...

Excerpt: ...P.A.; Eugene Lawrence Kwong, M.D.; and Alan Scott Herford, D.D.S., M.D. The complaint alleges a single cause of action for general negligence relating to what appears to be dental and/or medical malpractice. The complaint itself contains limited details about the facts of the case. However, the government claim attached to the complaint provides on May 5, 2021, at Arrowhead Regional Medical Center, "a medical/dental negligence surgical procedure ...

Excerpt: ... on or before May 1, 2023. (Thomas Decl. at 993-6; Major Decl. at "2-4.) After this order, Plaintiff reached out seeking dates. (Thomas Decl. at "7-8, Exh. 8.) On April 25, 2023, GM offered the deposition date of May 9, 2023. (Major Decl. at 95.) Instead of accepting the deposition offered date, Plaintiffs Benitez file this moton seeking to compel compliance with the February 1, 2023, order. Defendant GM opposes. Plaintiffs Benitez replies. DISCU...

Excerpt: ...ION Evidentiary Objections With the reply, Plaintiff submits evidentiary objections to the arar Declaration. The Court SUSTAINS Objection Nos. 1, 2, 3, 9 (argumentative), 4 (irrelevant), 5, 6, 7, 8, (lacks foundation/personal knowledge). DISCUSSION Plaintiff originally noticed the deposition to proceed on March 17, 2023. (Ullman Decl. '1 1 and Exh. 1.) GM admits in its opposition that the PMQ deposition was noticed and that GM failed to appear or...

Excerpt: ...he ceiling. The incident caused damage to the residence, personal property, and also exposed Carmona's relatives to injury. Semper Solaris then breached the contract by failing to pay for the cleanup and repair costs. Based on these allegations, Carmona commenced suit against Semper Solaris in October 2022 for (1) negligence, (2) breach of contract, (3) products liability, and (4) strict liability. Now, through the pending motion, Semper Solaris ...

Excerpt: ... (SAC) pleads 7 causes of action: (1) breach of contract, (2) promissory estoppel, (3) quiet title, (4) unjust enrichment, (5) intentional misrepresentation, (6) negligent misrepresentation, and (7) constructive trust. The SAC alleges Daniel and Kendall entered into a rent-to-own contract on April 27, 2014, concerning the property at 9886 Encina Ave., Bloomington for a sales price of $265,000. Before this, Daniel was a tenant at the Subject Prope...

Excerpt: ...ecord a notice of pendency in which that real property claim is alleged. (Code Civ. Proc., 5405.20.) A real property claim means the cause(s) of action in a pleading, if meritorious, affects title to or the right of possession of a specific real property, orthe use of an easement. (Code Civ. Proc., 5405.4.) A Lis Pendens may be ordered removed from the record because (i) the complaint does not contain a real property claim (Code Civ. Proc., 5405....

Excerpt: ...es. Stater Bros. followed up multiple times, but Cervantes failed to respond. As a result, the pending motion to compel further RFA and FRog responses were filed. The motion involves RFA No.'s 1-8 and FRog No. 17.1. The motion is supported by a separate statement; declarations from attorneys Alisha Maline and Angelica Samaniego; the discovery and discovery responses; the e-mails regarding the extensions; and the meet and confer e-mails. In opposi...

Excerpt: ... as vague, ambiguous, and overbroad, and pursuant to Code of Civil Procedure section 2030.230 refers Plaintiff to specified documents it has produced which purportedly identify the individuals and transactions, including dates and times, of which Defendant is familiar regarding the subject incident. Plaintiff argues reference to the writings are improper because they require them to "dig" through the referenced documents to locate the responses. ...

Excerpt: ...ued Petitioner an Administrative Civil Penalties Notice regarding an unpermitted marijuana dispensary located on Petitioner's property. It imposed a penalty of SIK per day. Petitioner requested an administrative appeal hearing, which was held on June 24, 2021. The Administrative Law Judge (AU) ruled in favor of the City, imposing a SIK per day penalty from April 20, 2021 until the date the violations were cured. Petitioner alleges the dec:ision c...

Excerpt: ... of action: (1) negligence and (2) premise liability. Defendant Apple answered. The FAC alleges on May 26, 2018, Plaintiffs Lewis and Ballou tripped and fell on the walkway at 12044 Armargosa Rd„ Victorville. That property is owned, controlled, possessed, and/or managed by Apple ("7-9). Defendant Apple moves for Judgment on the Pleading as to Plaintiff Ballou. Plaintiff Ballou opposes.[l] Defendant Apple replies.[2] DISCUSSIONS Judicial Notice[...

Excerpt: ...ts Valley Power Systems, Inc. (Va ley) and Joseph Zucker (Zucker) on August 19, 2020, alleging causes of action for motor vehicle and general negligence. Natasha alleges she was traveling northbound on Interstate 215 at or near Palm Avenue in San Bernardino on March 13, 2019, when her vehicle was hit by another vehicle driven by Zucker and owned by Valley. Zucker was intoxicated and driving the wrong way, and admitted to police he had been drinki...

Excerpt: ...n February 9, 2023, Plaintiff filed its operative First Amended Complaint (FAC) against Defendant. It includes two causes of action: (1) breach of contract; and (2) "tortious bad faith; breach of implied covenant and fair dealing." Plaintiff alleges the following: Plaintiff inspects and, when necessary, repairs roofs. At the request of Marco Chavez ("Policy Holder"), Plaintiff inspected the roof of a property in Rancho Cucamonga. After identifyin...

Excerpt: ... Amended Complaint AC") alleging two causes of action for Negligence—one against County, and the other against Doe Defendants 2 through 25. On March 30, 2023, County filed the current Demurrer to the first cause of action in the FAC on the ground it does not state facts suffcient to constitute a claim. Plaintiff opposes, and County replies. DISCUSSION l. Request for Judicial Notice County asks this court to take judicial notice of the following...

Excerpt: ...r. According to the complaint, Plaintiff entered into a warranty contract with Ford on October 23, 2017 regarding a 2017 Ford F-150. Within the warranty period defects and nonconformities manifested themselves, including but not limited to engine and electrical. (Complaint, "15, 16.) Defendant Ford answered on May 24, 2022, generally denying the unverified Complaint and raising 15 Affirmative Defenses. At issue today is Defendant Ford's Motion fo...

Excerpt: ...ignee of Department Stores National Bank and lists two causes of action - account stated and open book account. On June 30, 2022, Calvary filed a proof of service of summons showing personal service on Martha Guzman at her home him Hesperia on June 25, 2022 at 2:25 p.m. Service was by an independent registered process server, William Hampton. The Court docket reveals that on July 28, 2022, a document presented by Defendant Guzman was returned by ...

Excerpt: ...and (4) credit extended. Defendant Mulica answered. The Complaint alleges Discover Bank issued a credit card to Mulica who incurred a debt of $5,456.82. Plaintiff Discover Bank moves for summary judgment/adjudicaäon. Defendant Mulica opposes. DISCUSSIONS Statement of the Law A summary judgment motion cuts through the parties' pleadings to determine if a trial on the facts is necessary. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 84...

Excerpt: ...G. Pascal (Decl. Pascal) 3, Exhibit 1.) On December 6, 2021, GM filed its first Motion for Protective Order, which was set for hearing on February 17, 2022 and was by Plaintiff. This motion was apparently taken off calendar because as the Court had issued an Order Re: Discovery Conference, on February 14, 21N2, which GM had not complied with prior to filing its Motion for a protective order. On July 8, 2022, GM filed its second Moton for Protecti...