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