Excerpt: ...), but made no other substantive changes to the filing. The Plaintiff's First Amended Complaint (FAC) alleges Plaintiff consulted with Defendants as to her medical and cosmetic concerns. Plaintiff was to receive a neck lift, laser skin resurfacing treatment and platelet-rich plasma therapy on her scalp to promote hair growth. The FAC further alleges that, subsequent to the procedures, Plaintiff experienced pain and discoloration to her lower face...

Excerpt: ...l injury action on August 22, 2022, and the summons was issued and filed on October 6, 2022. The complaint was served on defendant on January 21, 2023. Defendant's answer was filed March 15, 2023. The defendant now seeks leave to file and serve a Crosscomplaint for indemnity, contribution and declaratory relief. Ostensibly, Defendant/crosscomplainant Rodriguez is seeking indemnity or contribution from plaintiff/Cross-Defendant Keren Fiore in the ...

Excerpt: ...nst Cross-Defendant Modernize: (1) breach of contract and (2) breach of covenant of good faith and fair dealing. Cross-complainant also prays for "punitive damages according to proof". Cross-Defendant demurs to both causes of action and moves to strike the punitive damage prayer. Demurrer to First Cause of Action — Breach of Contract: The basis of the Cross-Defendant's demurrer to the first cause of action is that Crosscomplainant failed to att...

Excerpt: ... it assumed the contract/agreement at issue. (Compl. at "1 7 & 21.) Around October 14, 2015, Mayra Diaz (Diaz), a representative and agent of Suncrest, made an unsolicited visit to Plaintiff's residence, located at 7958 North Maple Ave., Fontana, CA 92336, and she presented the option to purchase/install roof-mounted solar panel systems on his home. (ld. at 15-17.) The conversaton between Diaz and Plaintiff was in Spanish, which is Plaintiff's na...

Excerpt: ...Leisure Manor (esa Braswell Leisure Manor) ["Braswell"l. The Complaint pleads 3 causes of action: (1) elder abuse/neglect (wrongful death & survival) by all, (2) wrongful death by Plaintiffs Johnson, Andrew, Joseph, and Sorrell, and (3) negligent infliction of emotional distress (NIED) by Plaintiff Johnson. Defendant Braswell answered. The Complaint alleges that Ysidra Duarte ("Decedent") began living at Braswell's assisted living facility on Jun...

Excerpt: ...on administration services; Clark Construction Group of California (Clark) was engaged as Plaintiff's general contractor. On June 1, 2020, the County filed its complaint alleging the following four causes of action against HOK: (1) contractual indemnity; (2) declaratory relief; (3) breach of contract; and, (4) negligence. The County alleges the following: In November 2012, the County and HOK entered -nto a design contract (the Professional Servic...

Excerpt: ...garding a 2018 Ford F-1ffJ (the Vehicle), which the Plaintiffs purchased for one hundred thousand nine hundred and thirty-nine dollars and twenty-eight cents ($100,939.28.) Plaintiffs allege the Vehicle had multiple defects and nonconformities to the warranty and Ford is unable to conform the Vehicle to the applicable express warranty. Plaintiffs further allege Raceway breached duty to Plaintiffs in failing to use ordinary care and skill by faili...

Excerpt: ...asonic submitted a written purchase order for 240 complete, new jig shafts with safety latches, 1,250 retrofitted anode safety latch mods, and 420 retrofitted cathode safety larch mods. Vanguard accepted the purchase order "completing a written agreement between the parties". Thereafter, Panasonic informed Vanguard that it could not use preexisting guide rails and end caps so it verbally asked Vanguard to replace the end caps and left and right g...

Excerpt: ...e discharge, (7) discrimination (medical/disability), (8) discrimination (race), (9) failure to prevent, (10) harassment, and (11) intentional infliction of emotional distress (IIED). The Complaint generally alleges that Banks was employed as a production manager between 2008 and January 29, 2021, by BEST and ICRC. Banks is an African-American male who has a guardian or power of attorney because of his mental and physical disabilities ("6a-7a). [...

Excerpt: ...tract; (2) Breach of Implied Covenant of Good Faith and Fair Dealing; (3) Unjust Enrichment; (4) Fraud; and (5) Negligence. Defendants filed the instant Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint (Punitive Damages). The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick v. City of Eureka (2000) 82 Cal.App.4th 354, 367; Hernandez v. City of Pomona (1996) 49 Ca...

Excerpt: ...sional negligence; (4) breach of fiduciary duty; (5) conversion; (6) interference with contract; (7) interference with economic advantage; and (8) tort of another. Plaintiff was assigned the claims of Stephanie Smith. Plaintiff asserts that because the claims were assigned to it, Plaintiff Central Ave., LLC (Central) addresses the actions by Defendant against Smith as if they were actions against Plaintiff Central. To avoid confusion the court wi...

Excerpt: ...ng Hu, M.D., Ramesh Chander Bansal, M.D., Sharmin Kalam, M.D., Sahibzadi Mahrukh Noor, M.D., Cory James Toomasian, M.D., Felipe Jose Zinkweich, M.D., Jennifer L. Mohr, PA-C, KNO Development 55, LLC dba Kindred Hospital Rancho (Doe 1) ["Kindred"] and Faculty Physicians and Surgeons of LLLJSM (Doe 2) ["Faculty Physicians"]. The operative First Amended Complaint (FAC) pleads 3 causes of action: (1) dependent adult abuse (neglect) by Estate against L...

Excerpt: ...dson, M.D., erroneously sued and served as Hudson Parke, M.D.; and Caitlin Suzanne Borkowski, M.D. This action was commenced on October 28, 2020 by minor Plaintiff David Tavatyan ("Plaintiff' or "Tavatyan") through his guardian ad litem, Vilen Tavatyan, asserting causes of action for: (1) professional negligence (medical malpractice); (2) negligent hiring and retention; and (3) negligent infliction of emotional distress. The complaint alleges tha...

Excerpt: ...estitution. As a result, through their First Amended Complaint (FAC) the Bennetts assert claims for (1) breach of express warranty under the Song-Beverly Act (the Act), (2) breach of implied warranty under the Act, (3) violation of section 1793.2 of the Act (requiring, among other things, commencement and completion of the repairs within, respectively, a reasonable time and 30 days), and (4) fraudulent inducement-concealment. The fraud claim is b...

Excerpt: ...t Barth. The City contends that First Choice is unpermitted and illegal in that it violates several Chino Municipal Codes. Since July 2019, the City has inspected and issued citations and abatement orders for the unpermitted and improper use of the property. (Complaint, 1-3, 5, 10-23.) The Renewed Motion for Order Determining Costs and Fees was previously on the court's calendar for August 28, 2023, having been continued originally from October 2...

Excerpt: ...information. Based on these allegations, plaintiffs initially commenced suit on March 24, 2022 for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act (the Act); (2) breach of implied warranty under the Act; and (3) fraudulent inducement — concealment. In response to the lawsuit, Honda demurred to the third cause of action and moved to strike the request for punitive damages. The Court sustained the demurrer with leave t...

Excerpt: ...per, alleged causes of action for breach of contract and a common count. Placencia specified damages of $78,500 in the prayer, $10,000 in the breach of contract cause of action, and $88,600 in the common count cause of action. Poblano, also acting in pro per, filed an answer on January 24, 2022. Poblano retained counsel and a substitution of counsel was filed on June 22, 2022, stating he was now represented by M.C. Earle. On October 7, 2022, Plac...

Excerpt: ...ises liability. In the operative First Amended Complaint, Plaintiff alleged he stepped into a hole located in or about a grassy area of the premises while he was playing soccer with family and friends. (FAC, 13.) Plaintiff submitted a notice of claim to the City of Ontario. On January 28, 2021, the City filed an answer. Plaintiff filed an amendment to the complaint naming Merchant Landscape Services, Inc. as DOE 1. On April 1, 2022, a first amend...

Excerpt: ...ssue is Defendants' Demurrer and their Motion for Sanctions. Meet and Confer: Defendants have filed their Declaration of Demurring Party In Support of Automatic Extension. Within their filing, Defendants represent that Plaintiff's counsel has not responded to their letters and phone calls, and that Defendants would make a final effort to meet and confer before filing their Demurrer. The Demurrer makes no mention of this requirement. However, Defe...

Excerpt: ...e text messages intentionally misrepresenting that she was going to pay in order to delay legal proceedings. On July 18, 2023, Tam filed a demurrer to the Second Cause of Action premised upon fraud and moton to strike punitive damages. Tam has demurred to the second cause of action for intentional misrepresentation under Code of Civil Procedure section 430.10, subdivision (e), failure to state facts sufficient to constitute a cause of action and ...

Excerpt: ...ity deposit. Defendants Oslenhert LLC and Ophira Sara Lenhert (collectively, "Defendants" or "Oslenhert") filed a demurrer. The defendants have both generally and specially demurred. They have generally demurrer as to all causes of achon premised, in part, upon CCP 5430.10(g), which provides that a demurrer is proper in an action founded on contract if it cannot be ascertained from the pleading whether the contract is in writing, oral, or implied...

Excerpt: ... action for FEHA "hostile work environment harassment," thirteenth cause of action for NIED, and fourteenth cause of achon for IIED. On December 29, 2022, Kaiser answered. On January 5, 2023, Plaintiff filed a request for dismissal, without prejudice, of "COA 2 & 3: as to Jusuf Panjaitan, an individual; COA 13 & 14: All Defendants." (Req. for Dismissal, filed 1/5/23.) Plaintiff filed the present motion to set aside her voluntary (but inadvertent)...

Excerpt: ... S 426.50, states, "A party who fails to plead a cause of action subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross-complaint, to assert such cause at any tme during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to...

Excerpt: ...) Discriminaton (disability) against Caremore Plan, Caremore System, Elevance, Elevance CA, and Elevance Cos. [collectively "Elevance-caremore"]; (2) Failure to accommodate against Elevance-Caremore; (3) Failure to interact against Elevance-Caremore; (4) Wrongful termination against Elevance-Caremore; (5) Retaliation (FEHA) against Elevance-Caremore; (6) Wrongful termination against Elevance-Caremore; (7) Retaliation (CFRA) against Elevance-Carem...

Excerpt: ...ssor in interest to the Estate of Juan Antonio Alvarado-Martinez ("Decedent"). Plaintiffs allege Defendants negligently caused an automobile accident in which Decedent was killed and Chastity and her three daughters—Lyric, Jessie, and Raylene—were injured. Relevant to this demurrer, Plaintiffs allege they are all residents of the State of Utah (Comp'. "3-8) and the accident occurred in Nevada (Comp'. 915). The defendants are located in the St...