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...