Excerpt: ...m ("Lim") and Heidi Kupferman ("Kupferman"). Defendants oppose and Plaintiffs reply. The two motions are nearly identical and are each supported by the declaration of Plaintiff's attorney Scott K. Johnson ("Johnson"). Johnson declares Plaintiffs issued notices of depsiton on April 19, 2023, for depositions on May 23 and 24, 2023, respectively. (Johnson Decl. re: Lim, '15, Exh. 8; Johnson Decl. re: Kupferman, 95.) Defendants subsequently objected ...

Excerpt: ...laration of his mechanical engineering expert, Mark Burns. C&L filed separate objections to the declarations with its reply. Objection to the Khorshidi declaration is overruled. Objections 1-3 to the Burns declaration is overruled, but objections 4-7 are sustained based on lack of foundation. Defendant C&L's MSJ Defendant C&L moves for summary judgment on the grounds that: (1) it does not own, lease, occupy, or control the property on which Plain...

Excerpt: ...fic Collision Report, and Offcer Amanda Beeman's deposition testimony. Extrinsic evidence, however, is not properly considered at the pleading stage. The extrinsic evidence here is also presented for the purpose of attacking the pleadings themselves and unrelated to whether Plaintiff was insufficiently diligent in pursuing this motion. Such evidence is more properly presented on summary judgment or at trial. The Court therefore sustains Plaintiff...

Excerpt: ..."). On July 28, 2023, she e-served her responses with the verification dated July 31, 2023. (Ma Decl. at 95, Exhs. E-F.) Finding the objections/responses to (i) Form Interrogatories #1.1, 2.1-2.7, 2.11, & 12.1, (ii) Special Interrogatories #1-2, 5-10, 13-16, & 18-23, and (iii) RFPs #1-8 deficient, Plaintiff Lightking moves to compel further responses. Defendant Zhou opposes in part. Plaintiff Lightking replies. After the motions were filed, Defen...

Excerpt: ...uary 22, 2020, he sustained injuries from a protruding bolt on real pro#rty located in San Bernardino, California. Plaintiff alleged Defendants were negligent in hiring, supervising, or retaining a vendor to perform maintenance, repairs and upkeep of the subject property. Plaintiff further alleged Defendants controlled and maintained a dangerous condition, which proximately caused Plaintiff to suffer injuries and damages. On August 30, 2023, CBRE...

Excerpt: ...ide employees with the quota in writing, as required by Labor Code sections 2101 and 2102. The quotas also purportedly interfered with the employees' rest periods. As a result, Zamores commenced the underlying PAGA action against Ryder on July 28, 2023. The complaint contains one cause of action for violation of Labor Code sectons 2101 and 2102 and a second cause of action for PAGA penalties. The complaint further indicates Zamores worked as a fo...

Excerpt: ...aint pleads 2 causes of action: (1) retaliation and (2) failure to prevent. The Complaint alleges that DSH employed Villalpando as a police sergeant with the Patton Police. In 2018-19, he was assigned as the training sergeant during the day shift. On December 18, 2018, Patton Police Officer Jenna Trejo filed an administrative complaint for harassment. Villalpando was interviewed during the investigation and testified as a witness favorable to Tre...

Excerpt: ...,458.28. GM opposes on the grounds that the fees requested are unreasonable since the tasks performed were routne and "recycled" from prior cases or the tasks were unnecessary to the litigation. Any fees related to the fraud claim would also be improper according to GM. Overall, GM contends the fees should be no more than $31,773. Hourly Rates. With regard to reasonableness of the rates requested, the lodestar is determined by reviewing the "prev...

Excerpt: ...iff sustained severe injuries to his shoulder, neck, left elbow and back. Plaintiff's deposition was taken on June 29, 2020 by Defendant. On October 4, 2023, Defendant filed his Motion to Compel an Additional Deposition of Plaintiff. Plaintiff opposed and Defendant replied. "Any party may obtain discovery...by taking in California the oral deposition of any person, including any party to the action." (Code Civ. Proc., S 2025.010; see Code Civ. Pr...

Excerpt: ...om disputes surrounding a former joint business venture and alleged fraudulent transactions that occurred from approximately 2018 through December, 2019. Default was entered against defendants on September 10, 2020. At a Trial Setting Conference on December 1, 2020, Plaintiffs' counsel advised the court they were preparing a 585 packet. Plaintiffs subsequently filed their first amended complaint ("FAC") the following day on December 2, 2020 asser...

Excerpt: ...ainst Hernandez only; (4) assault against Hernandez only; (5) intentional infliction of emotional distress against Hernandez only; (6) negligent infliction of emotional distress; (7) gender violence; (8) hostile work environment sexual harassment; (9) failure to prevent and remedy harassment in violation of FEHA; (10) constructive discharge in violation of FEHA; and (11) conversion against Hernandez only. Hernandez subsequently crosscomplained ag...

Excerpt: ...greement by permitting defendant QN Link, Inc. (QN) to utilize some of the storage space, which in-turn, permitted defendant HK Sishun Trade Co., Limited (HK) to also use some of the space. As a result, Egreen commenced suit against Fullhouse, QN, and HK on January 17, 2023. The operative first amended complaint (FAC) was then filed as a matter of right on May 24, 2023. The FAC removes QN and HK as defendants, but includes Jiantong Chen (Chen), X...

Excerpt: ...ting De La Torre was personally served at 11196 Charleston St., Adelanto, CA 92301-6124 on February 11, 2014. No response was ever filed and on April 24, 2014, a default and default judgment was entered against De La Torre for a total of $8,075.18, including costs and interest. Plaintiff has filed memorandums of costs and accrued interest on June 30, 2015, December 7, 2017, June 19, 2018, May 2, 2019, February 24, 2021, December 1, 2021, December...

Excerpt: ...rustment against TLC, VGM, Muzzammil, and Aijaz. The Complaint alleges on October 11, 2019, Zepeda was a passenger in the vehicle driven by Hamed. Hamed was driving at an unsafe speed when he rear-ended another vehicle. Zepeda sustained injuries. Hamed was unlicensed at the time of the accident. He was driving in the course and scope of his employment with TLC, VGM, Muzzammil, and Aijaz ("12-14, 17). Defendant VGM moves for summary judgment or ad...

Excerpt: ...mplied in fact; (3) common count - money lent by plaintiff to defendant; (4) common count - money paid, laid out, and expended to or for defendant at defendant's special instance and request; (5) common count - open book account; and (6) common count - account stated. Wells Fargo seeks to recover $5,193.72 in damages. Wells Fargo filed the pending motion for summary judgment. The original August 7, 2023 hearing date was continued to October 19, 2...

Excerpt: ...EHA — Discrimination; (3) FEHA — Nonjob Related Inquiry; (4) FEHA — Retaliation; (5) FEHA — Failure to Prevent Harassment, Discriminaton and/or Retaliation; (6) EEOC — Harassment; (7) EEOC — Discrimination; (8) EEOC Retaliation; (9) Labor Code S 203; (10) Labor Code S 98.6; (11) Labor Code S 1102.5; (12) Violation of California Constitution; (13) Intentional Infliction of Emotional Distress; (14) Negligence; and (15) Breach of Mandato...

Excerpt: ...ot expressly enumerate any causes of action. Thus, on August 25, 2022, the Court sustained the demurrer of JPMorgan Chase Bank, N.A. (Chase) with leave to amend. Thereafter, on February 3, 2023, Plaintiff filed a First Amended Complaint (FAC). Though the FAC had numbered paragraphs, it still did not set forth separately numbered causes of action and did not comply with the California Rules of Court, rule 2.112. In addition, Plaintiff's allegation...

Excerpt: ...fiduciary duty; and (4) fraud. Cardenas alleges she was formerly in a romantic relationship with Pino. During their relationship, Pino convinced Cardenas to purchase a mobile home and although she would supply the funds, title was to be taken in Pino's name. Pino allegedly signed a written acknowledgement that he owed Cardenas $ü(M. Pino was personally served on March 10, 2022. He did not file a response but appeared at a Trial Setting Conferenc...

Excerpt: ...nvestments LLC, and its principal, Min Ye. The complaint contains causes of action (COA) for (1) breach of contract, (2) dangerous condition of property, (3) "slumlord" (4) property damage, (5) negligence, and (6) breach of the implied covenant of good faith and fair dealing. There is also a purported 7th cause of action, which is merely the prayer for relief. As for the underlying allegations, the Zunigas indicate the lease outlines who is respn...

Excerpt: ...l doctors who provided treatment to Plaintiff at Victor Valley Global Medical Center. Radiologist Rahul Nayyar, MD (Defendant Nayyar) interpreted an abdominal ultrasound and a NM HIDA scan. Radiologist Jose Ospina, M.D. (Defendant Ospina) interpreted a MRI, a MRCP and a CT scan. Neera Grover, M.D. (Defendant N. Grover) was the gastroenterologist who consulted with Plaintiff and prov-ded an assessment. Finally, Rakesh Grover, M.D. (Defendant R. Gr...

Excerpt: ...Vijay"), and Dr. Melanie Arora ("Melanie"). Plaintiffs alleged the following: Geraldine needed a polyp removed from her uterus. After determining that she did not want Melanie to perform the surgery (based on an unfavorable interaction and her age), Geraldine left VVGMC, only to be called back by Melanie's father, Vijay. Vijay promised to perform the surgery himself without Melanie's involvement. Geraldine later learned that despite Vijay's promi...

Excerpt: ...SJ was pending, Defendant served Aaliyah Jones (for purposes of this statement, "Plaintiff) with a Section 998 offer to compromise in the amount of $1.75M. On March 29, 2023, the Court signed and filed its order granting MS]. On July 13, 2023, the Court signed and filed its judgment in favor of Defendant, and against Plaintiffs. The judgment states Defendant shall recover its costs and that the Court retains jurisdiction to determine recovery of ...

Excerpt: ...pedic Sports & Spine Medical Group, Grove Advanced Imaging, Monarch Diagnostic Services, LYG A Professional Medical Corporation, Southern California Sports Rehabilitation Inc., Nova Legal Funding, F&M Radiology Medical Center, Michael J. Trudeau, and Does 1-50. The operative First Amended Complaint ("FAC") was filed on September 27, 2021, alleging on or about March 28, 2017, Defendant Harris was involved in a vehicle collision which resulted in i...

Excerpt: .... McLaughlin ("McLaughlin"), and Michael S. Burkholder ("Michael") filed their Complaint against Magdi M. Khalil & Madeline G. Khalil, individuals and trustees of the Khalil Family Trust (collectively "Khalil," individually by their first names). The operative Second Amended Complaint (SAC) pleads 3 causes of action: (1) negligence by Burkholder and McLaughlin, (2) private nuisance by Burkholder and McLaughlin, and (3) negligent infliction of emo...

Excerpt: ...uses of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. On May 1, 2023, The Court granted Defendant HT Realty's motion to strike from the complaint the punitive damage and attorney fee prayers with leave to amend. On May 19, 2023, Plaintiffs filed their First Amended Complaint ("FAC") alleging the same five causes of action as the original Co...

Excerpt: ...wn purposes and to pay other investors as part of a pyramid scheme. The Judicial Council Form Complaint filed April 2, 2021, seeks damages of $302,800 for the unpaid promissory note, interest and attorneys' fees. The Complaint lists Daluvoy, Interstate, and Daluvoy's wife, Devi Daluvoy as the three Defendants. At issue is Daluvoy's Moton to Set Aside Default. Service/Default History The docket shows Plaintiff first sought Default on October 27, 2...

Excerpt: ...family located in San Bernardino County. (FAC '124.) Plaintiff alleges that from 1965-1969, when she was five to nine years old, she was sexually abused and assaulted by her foster father, Warren Miller, over a period of four years. (FAC '1 25 Plaintiff alleges that she reported the abuse to her assigned social worker and foster mother. (FAC '1 27.) Despite this alleged notice, Plaintiff claims that no action was taken, no investigation was compl...

Excerpt: ... of action: (1) breach of contract; and (2) unjust enrichment. The Cross-complaint by Milton against Lumar pleads five cross-claims: (1) breach of contract, (2) unjust enrichment, (3) restitution, (4) violation of the Unfair Competition Law (UCL), and (5) declaratory relief. The FAC and Cross-complaint allege Lumar and Milton entered into a lease on November 15, 2018 in which Lumar leased Pad C in the Colton Gateway Shopping Center on the northea...

Excerpt: ...nt facts, pursuant to CCP S 430.10(e); (2) lack of standing, pursuant to CCP S 430.10(b); (3) failure to join an indispensable party, pursuant to CCP S 430.10(d); and (4) uncertainty, pursuant to CCP S 430.10(f). Defendants' demurrer to the second cause of action is not considered because it has already been dismissed. Plaintiff opposes and Defendants reply. A sufficient declaration in support of the meet and confer was filed. As an initial matte...

Excerpt: ...ut of or in any way relating to this Agreement, the Facility or any of the Resident's stays at the Facility, including disputes regarding the making, [enforceability, etc.] of this Agreement...." The document also indicates it was the intent of the parties to bind the resident and "his/her successors, spouses, children, next of kin, guardian, administrator, legal representative, Responsible Party, assigns, agents, attorneys, health care proxies, ...

Excerpt: ...atively from the dates alleged; it is not enough that the complaint might be barred. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal.App.4th 1397, 1403.) Fraud is subject to a three-year limitation period. (Code Civ. Proc., 5338, subd. (d); E-Fab, Inc. v. Accountants, Inc. services (2007) 153 cal.App.4th 1308, 1316-17 ["E-Fab"l.) It does not accrue until the aggrieved party discovers the facts that constitute the fraud or mistake. (Code of Civ...

Excerpt: ...neficiaries of the Trust. (First Amended Complaint ["FAC"], "11-3.) In April 2002, Betty Joyce Rosine ("Betty"), a widow, purchased property at 3866 Yucca Mesa Road in Yucaipa Valley ("the Property"). Betty financed part of the purchase with a loan issued by Mountain West Financial and executed a $45,000 Deed of Trust ("DOT") naming First American Title Insurance as Trustee. Mountain West then assigned the DOT to Washington Mutual Bank. (FAC, "1 ...

Excerpt: ... (See Comp'. 915.) Another customer, Rico Cruz ("Cruz"), verbally and physically assaulted Plaintiff while she was in a vulnerable and altered state. (ld.) After the assault, Plaintiff was kidnapped and dropped into a ditch, where she suffered injuries, including a broken hip. (Compl. 918.) Plaintiff's complaint includes three causes of action against both defendants: (1) negligence; (2) negligent hiring, supervision, and retention; and (3) premi...

Excerpt: ...s. 5-6; Yaraghchian Decl. at 992, 4.) Plaintiffs move to compel further responses to RFPs #1, 7, 17, 23-25, 36-42, 50-53, 58-59, 68, 76, 78-79, 86, and 91-96. Defendant GM opposes. Plaintiffs reply. Timeliness/ meet and confer It is unclear whether the motion is timely as there is no information as to whether the verified responses served on April 19, 2023 was via email or mail. Depending on the of service the deadline would be June 6, 2023 (emai...

Excerpt: ...sues the past. Thus, imposing such an ultimate sanction is inappropriate at this time. Moreover, Plaintiff has shown some willingness to cooperate as she participated in the examination up until physical contact was required. In addition, arguably, Dr. Forage was the cause of the stalled first examination given his refusal to allow Ayers to be present without a seemingly valid reason. CCP S 2032.510 permits the examinee's attorney or the attorney...

Excerpt: ...ction: (1) breach of contract; and (2) common counts: open book account, account stated, money had and received by defendant, for gtnds, wares, and merchandise sold and delivered for which defendant promised to pay, money lent by plaintiff to defendant and for money paid, laid out, and expended at Hanson's request. On May 23, 2022, Hanson filed an answer generally denying the allegations and asserting ten affirmative defenses. On April 27, 2023, ...

Excerpt: ...st qualified (PMQ) with production of documents. Defendant opposes. Plaintiff replies and filed evidentiary objections to the declaration of defense counsel Darshnik Meet Singh Brar. The Court notes that the motion is incorrectly noticed under Code of Civil Procedure sections 2025.450, subdivision (a), which allows a party who served a valid deposition notice, without having served a valid objection, to move for an order to compel the deposition ...

Excerpt: ...ries together with the declaration of Paige C. Sirey, Esq. and a separate statement. Plaintiff Ronald McDonald ("Plaintiff" or "McDonald") opposed on June 15, 2023 and Westlake filed a reply on June 21, 2023. On May 23, 2023, Westlake also filed a moton to consolidate related cases, CIVSB2130404 and CIVSB2219053, together with the declaration of Paige C. Sirey, Esq. McDonald opposed on June 14, 2023 and Westlake filed a reply on June 21, 2023. Mo...

Excerpt: ...plaint pleads two causes of action: (1) breach of contract, and (2) declaratory relief. On May 12, 2023, Plaintiff Renovate recorded and filed a Notce of Pendency of Action ("Lis Pendens"). Defendants McLaughlin now move to expunge the Lis Pendens on two grounds: (1) lack of probability of prevailing and (2) adequate damages. Plaintiff Renovate opposes. Defendants McLaughlin reply. Plaintiff's Evidentiary Objections With the Opposition, Plaintiff...

Excerpt: ...City of Rancho Cucamonga (City), Candyce Burnett (Burnett), Felecia Marshall (Marshall), John Gillison (Gillison), and Matthew Burris (Burris). The FAC alleges seven causes of action for: (1) Violation of Equal Protection Under 14th Amendment against the individual Defendants; (2) Supervisorial Liability — 42 LISC S 1983 against Burnett and Gillison; (3) Monell Claim — 42 USC S 1983 (Monell claim) against City; (4) California Mitigation Fee A...

Excerpt: ...nclosure Technologies, Inc., hereafter Spraytech) alleging causes of achon for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) breach of contract; (4) breach of contract; and (5) violation of Business and Professions Code section 7108.5 and Civil Code section 8814 et seq. Spraytech has cross-complained against EMT and its alleged shareholder, William Noble (Noble). The operative first amended cross-compl...

Excerpt: ... Adams Stirling PLC, and (iii) Professional Property Management ("PPM"). After Defendants moved to quash those subpoenas, the parties agreed the Defendants would have the right to first look at and then produce the records that they contended were not privileged and a privilege log on the records they contended were privileged. On May 16, 2022, and May 25, 2022, privilege logs were issued associated with the records produced by Fiore and Adams St...

Excerpt: ...nly two claims against her, based on failure to exhaust administrative remedies and sufficiency of the allegations. Plaintiff opposes and Defendant Gomez replies. As an initial matter, any issue of timeliness is moot as this Court continued this hearing from May 4, 2023 to June 14, 2023. In addition, it appears meet and confer requirements have been met. Exhaustion Defense Government Code section 12950, subdivision (c), provides any person claime...

Excerpt: ...dant generally demurs to each cause of acton and specially demurs to each on the ground of uncertainty. Plaintiff filed an opposition, albeit one day late. Defendant filed a timely reply. Meet and Confer Requirement Defense counsel, Patrick J.L. Cleveland, filed a declaration establishing that he sent two emails to Plaintiff's counsel and she failed to respond. Code of Civil Procedure section 430.41 clearly states the "parties shall meet and conf...

Excerpt: ...pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. (California Rule of Court 3.1324, subd. (a).) Additionally, a separate dec...

Excerpt: ...eadline. Defendant moves to compel a further response to RFP #8. Thereafter, on April 13, 2023, Plaintiff served by email a supplemental, nan-verified response. (Pfeffer Decl. at 99, Exh. 3.) On April 14, 2023, Plaintiff filed its opposition. Defendant filed its reply on April 20, 2023. Neither party seeks sanctions. DISCUSSIONS Meet and Confer It appears Defendant met and conferred. (Cleveland Decl. at 94, Exh. C.) The letter sent properly menti...

Excerpt: ...l notice by both parties are granted. The requests involve court records and court register of actions which are proper subjects of judicial notice. (See Evidence Code, S 452, subd. (d); D. Cummins Corp. v. United States Fidelity & Guaranty Co. (2016) 246 Cal.App.4th 1484, 1492, fn. 8 [taking judicial notice of Superior Court's register of actions]. First Cause of Action: Equitable Indemnity Preliminarily, Defendant's compulsory cross complaint a...

Excerpt: ...subdivision (d) against Ford, (2) violation of Civil Code section 1793.2, subdivision (b) against Ford, (3) violation of Civil Code secton 1793.2, subdivision against Ford, (4) breach of express warranty against Ford, (5) breach of implied warranty of merchantability against Sunland, and (5) fraudulent inducement-concealment against Ford. Defendants Ford and Sunland answered. Defendant Ford now moves for judgment on the pleadings (JOP) to the six...

Excerpt: ...fraudulent concealment, (5) private nuisance, (6) public nuisance, and (7) breach of contract. On January 30, 2023, Defendants filed the pending demurrer and moton to strike. In the Demurrer, defendants contend that the complaint fails to show that the minor plaintiffs have capacity to sue. Defendants also contend that the first, third, and fourth to seventh causes of action are uncertain and fail to state sufficient facts. In the Motion to Strik...

Excerpt: ...d, Muzzammil Ahmed ("Muzzammil"), and Aijaz Ahmed ("Aijaz"). The Complaint pleads two causes of acton: (1) negligence/motor vehicle against all, and (2) negligent entrustment against TLC, VGM, Muzzammil, and Aijaz. On January 25, 2022, Defendant VGM filed a Cross-complaint against Cross- Defendants TLC and Hamed for breach of contract (contractual indemnity), indemnity, declaratory relief, apportionment offault, and contribution. On August 23, 20...

Excerpt: ...ant GMRI replies. Judicial Notice Defendant GMRI requests judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association (AAA) [Exh. A]. This request is denied as no applicable ground exists to judicially notice a private company's rules and procedures. Discussion Under Code of Civil Procedure secton 1281.2, a party to an arbitration agreement may move to compel arbitration if the other contra...

Excerpt: ...ty Group, Inc. dba Keller Williams Realty Irvine ("HT Realty"). The Complaint pleads five causes of action: (1) breach of fiduciary duty, (2) intentional misrepresentation, (3) fraudulent concealment, (4) negligent misrepresentation, and (5) negligence. Defendant HT Realty moved to strike the phrase "punitive damages" from paragraph 48 and the prayers for punitive damages and attorney fees. Plaintiffs Sang and Marco opposed.l Defendant HT Realty ...

Excerpt: ...ity Hospital ("Barstow Hospital"), Darla Smith, RN, Kathleen Japsay, RN, Kirsten Vall, RN, Michelle Merrill, RN, Margaret "Peggy" Ventura, Dr. Mohammad Marashi, and Kimberly Foster, RN (Doe 1). The operative First Amended Complaint (FAC) pleads 7 causes of action: (1) Battery by Morton against Barstow Hospital, Smith, Japsay, Vall, Merrill, Ventura, and Foster; (2) False imprisonment by London against all; (3) Medical battery-unconsented medical ...

Excerpt: ...lution of the LLC, and (2) breach of contract. Defendants answered. On March 9, 2020, with leave of court, Plaintiff filed his First Amended Complaint (FAC) against the same four defendants. Defendants answered. On September 19, 2022, again with leave of court, Plaintifffiled his Second Amended Complaint (SAC), alleging nine causes of action against the same four defendants. Defendants demurred and the Court sustained the demurrer, with leave to ...

Excerpt: ...ph. On August 25, 2022, the Court sustained Chase's demurrer, with leave to amend. Among reasons the Complaint was found uncertain was because Plaintiff did not expressly enumerate any causes of acton. On February 3, 2023, Plaintiff filed a First Amended Complaint. While Plaintiff now has numbered paragraphs, she still has not set forth separately numbered causes of action. Her allegations basically are the same, alleging issues with checking acc...

Excerpt: ...e files in CIVDS1609443 (San Bernardino Co. superior court), 22STCV11495 (LA. co. superior court), CIVDS2004459 (San Bernardino co. superior Court), all L.A. Co. Superior Court civil filings relating to Henry Aguila, and the Motion for Summary Judgment granted in CIVDS1609443. These documents are not demonstrated to be relevant to the inquiry. In addition, Defendant did not provde a copy of these as required pursuant to Rules of Court, rule 3.130...

Excerpt: ...n a red substance while alking through the store and was injured. Defendant answered on October 5, 2020. On December 13, 2022, Defendant filed this Motion for Summary Judgment arguing the Plaintiff cannot prove the Defendant had actual or constructive notice of any dangerous condition giving rise to negligence or premises liability. The motion was served with a memorandum of points and authorities, declarations of Mark Lobre, Esq. and Darrick Ale...

Excerpt: ...'s counsel states a letter was sent February 8, 2023. Plaintiffs counsel responded that she would prov-de a response by February 13, 2023. As of February 22, 2023, Defendant had not received a response. (Freund Decl. '1 5 and Exh. 2.) Instead of reaching out again, Defendant filed the motion. Defendant's reply asserts that Plaintiff's counsel "utterly failed to respond to numerous meet and confer efforts." Yet defense counsel's declaration submit...

Excerpt: ...unfair business practices; (8) wrongful foreclosure; and (9) cancellation of written instruments. Rushmore Loan Management Services, LLC ("Rushmore"), and US. Bank Trust National Association, as Owner Trustee for Legacy Mortgage Asset Trust 2019-GS5 ("U.S. Bank") (collectively, "Defendants") demurred. At the hearing on December 12, 2022, the Court sustained the demurrer, without leave to amend, to the First through Eighth Causes of Action. The Co...

Excerpt: ...plaint alleged the vehicle was purchased "used." (Complaint, 98.) On April 14, 2022, the Court sustained Defendant's demurrer to the original complaint with leave to amend, explaining in the minute order: "In order for used vehicles to have ccwerage under the Song-Beverly Act, certain facts must be alleged to provde coverage. While Plaintiff attempts to provide these necessary allegations in his Opposition, the Court cannot consider extrinsic evi...

Excerpt: ...nder Code of Civil Procedure section 2025.450, however, it should be under section 2025.480. By the facts, a deposition notice was served to which Defendant GM objected. Section 2025.450 addresses compelling depositions when no objection is served. An objection was served, and there are entire objections to producing documents and answering questions. Thus, section 2025.480 which applies to objections to deposition questions and documents is more...

Excerpt: ...represented by Counsel (and to this date, he is still represented by Counsel, as Counsel has never filed a proof of service of the signed Order). On November 22, 2021, Plaintiff's Counsel (Eghbali Firm) obtained an Order Granting its Motion to be Relieved as Counsel (“Order”). That Order (¶5(a)) provides that the relief as counsel is effect “upon the filing of the proof of service of this signed order upon the client.” (See also Rules of...

Excerpt: ...i-SLAPP motion against an amended complaint if it could not have been brought earlier, but to prohibit belated motions that could have been brought earlier (subject to the trial court's discretion to permit a late motion). This interpretation maximizes the possibility the anti-SLAPP statute will fulfill its purpose while reducing the potential for abuse.” (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal. 5th 637, 65...

Excerpt: ...rson is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #30-33. There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. Regardless of the number of drivers involved in this request, without additional information demonstrating that these individuals are witnesses, releasing ...

Excerpt: ...s and ages not connected with any specific person is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #27-30 (misnumbered in Defendant's response as 30-33). There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. DENY further responses to Special Interrogatories #31 to 40 (mi...

Excerpt: ...rson is sought. Therefore, no privacy interest is invaded. DENY further responses to Special Interrogatories #30-33. There is no demonstration that every Pipeline Carrier driver of Latino or Hispanic descent is a witness to Plaintiff's allegations to justify the disclosure of their identities. DENY further responses to Special Interrogatories #34 to 43. Responses to interrogatories #34 and 39 indicated that the missing records have now been locat...

Excerpt: ...rse parties at “all known addresses”; and (2) all owners of record shown in the “latest county assessment roll.” (Code Civ. Proc., §§ 405.22, 405.23). Here there is no dispute that the lis pendens was served after its recordation. Substantial compliance in Biddle involved the manner of mail service and waiver of defects, and thus, distinguishable from the case at hand. Biddle v. Superior Court (1985) 170 Cal.App.3d 135. CCP § 405 is cl...