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