Excerpt: ...onsidered. DISCUSSION Improper Inclusion of Facts in Demurrer The function of a demurrer is to test the legal sufficiency of the challenged pleading. (Kendrick, supra, 82 Cal.App.4th at p. 357.) In analyzing the sufficiency, the court assumes the truth of all material facts that have been properly pleaded, of facts that may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be t...

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: ...ng party perm-ts. (b) Each answer shall: (1) Admit so much of the matter inwlved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. (c) If a responding ...

Excerpt: ...dant argues in his Motion that the responses were incomplete or evasive and did not allow Defendant to properly assess Plaintiff's claim for damages. Further, Defendant argues Plaintiff's objections were without merit and too general. In his Opposition, Plaintiff indicates a supplemental response to *cial Interrogatories No. 4, 6 and 7 was served to Defendant on October 20, 2023. Plaintiff argues at this time the only remaining issue is that of s...

Excerpt: ...3, 2023. Defendant filed its Opposition to Plaintiff's Moton (Opposition) on October 19, 2023 II. DISCUSSION Plaintiff's Motion Defendant's cost memorandum, which was submitted on Judicial Council Form MC-OIO, seeks a total of eight thousand and forty-nine dollars and eighty-three cents ($8,049.83). These costs include two thousand and fifty-five dollars and thirty-eight cents ($2,055.38) for filing and moton fees; two thousand two hundred dollar...

Excerpt: ... On June 7, 2021, Plaintiff filed a First Amended Complaint, adding wage-and-hour class claims. The operative Second Amended Complaint (SAC) was filed on December 22, 2022, alleging (1) civil penalties pursuant to PAGA, as well as class claims for violations related to (2) minimum wages; (3) overtime; (4) meal periods; (5) rest breaks; (5) wage statements; (7) final pay; (8) reimbursements; and (9) the unfair competition law. After commencing lit...

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: ...) as evasive or incomplete, an objection is without merit or too general, or the exercise of the option to documents is unwarranted or the required specification of those documents is inadequate can move to compel further responses. (Code Civ. Proc., 52030.3W, subd. (a).) The motion to compel must be noticed within 45 days of receipt of the responses (plus the additional time if not personally served). (Code Civ. Proc., "2030.300, subd. (c), 2031...

Excerpt: ...ertime; (4) meal (5) rest breaks; (6) wage statements; (7) reimbursements; and (8) timeliness of wage payments. On April 10, 2023, Plaintiff consolidated into this matter a cause of action for (9) civil penalties pursuant to the Private Attorneys General Act (PAGA). After commencing litigation, the parties informally exchanged policy and payroll documents and other information sufficient to allow Plaintiff's counsel to analyze and value the case ...

Excerpt: .... The motion is denied as to Form Interrogatory No. 17.1 based upon the Court's ruling on the Request for Admissions. 2. Motion to Compel Further Responses to Special Interrogatories (Set 1) Against Defendant Yiming Qiu: Defendant Yiming Qiu is ordered to serve a answers, without objections, to Special Interrogatory Nos. 3, 4, 6-9, and 11-25 on or before November 30, 2023. Defendant Yiming Qiu is ordered to serve further answers, without objectio...

Excerpt: ...t, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of gtncl cause. (CINIe Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the examin...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...result, on or about August 16, 2019, Plaintiff filed a complaint, alleging a single cause of action for medical malpractice. Summary of the Law A mental or medical examination of a plaintiff may be obtained by leave of court with a showing of good cause. (Code Civ. Proc., SS 2032.310-2032.320.) The moton must specify: (1) the date and time of the exam; (2) the place of the exam, with good cause being shown if it is more than 75 miles from the exa...

Excerpt: ...int #1's case, Defendant Pathak filed indicating relation of the cases. (See, e.g., Motion for Reconsideration, 4/17/23 [listing Complaint #2 as a related casel.) 3 Plaintiff also asserts that Judge McCarville somehow lacked jurisdiction. This assertion is without citation or support. The Court notes that Code of Civil Procedure, section 1408, vests trial courts with such jurisdiction. 7 competition; (10) penalties under Section 210; (11) penalti...

Excerpt: ...sition to the Moton on October 13, 2023, along with a declaration from Plaintiffs' counsel, Michael Bean (Mr. Bean). Plaintiffs filed their Reply in Support of the Motion (Reply) on October 19, 2023. II. ANALYSIS Plaintiffs move to strike or tax three items in Defendant's memorandum of costs: (1) costs of one thousand and seventy dollars ($1,070); (2) court reporter fees of two thousand two hundred and sixty-six dollars and forty-six cents ($2,26...

Excerpt: ...Over the next several months, the parties met and conferred. In the course of those discussions, Defendant agreed to produce supplemental response to RFPs 44 and 45. (Tretola Decl. 95, Ex. C.) On March 23, 2023, Defendant served supplemental responses to the RFPs, which did not include a supplemental response to RFP 45. Also, several of the responses included an agreement to produce documents. However, no such documents were produced. (Tretola De...

Excerpt: ...der the custody and control of a statelicensed foster home. The abuse allegedly extensive and continued until she was sixteen. Defendant Doe 3 allegedly abused in excess of five minors. Plaintiff alleges that, despite an investigation and various reports of misconduct, the District simply moved Doe 3 around in the District. Further Plaintiff alleges that a caseworker for the foster agency not only ignored the claims but accused her of lying. (Com...

Excerpt: ...to improperly grant themselves interest or lien on his properties. On May 2, 2022, Plaintiff filed suit for (1) setting aside a fraudulent trustee's sale; (2) fraudulent conveyances; (3) fraud and conspiracy to commit fraud; (4) declaratory relief; (5) conspiracy to commit fraud; (5) slander of title; (7) intentional misrepresentation; (8) unconscionability; (9) fraudulent conversion; (10) cancellation of false documents; (11) quiet title; (12) i...

Excerpt: ...or civil penalties pursuant to the Private Attorneys General Act (PAGA). In essence, the Complaint alleges Labor Code violations relating to (1) minimum wages; (2) overtime wages; (3) meal periods; (4) rest breaks; (5) wage statements; (6) wage timeliness; and (7) final pay. Notably, prior to the instant action, Plaintiff had already filed a wage-and-hour class action in San Bernardino County (CIVS82305885) based on the same underlying violations...

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: ...lfour filed two separate replies. The motion was served one-day short of the notice period 75 days, plus 2 days for electronic service required the motion to have been served on August 9, 2023. But given both Plaintiffs opposed and did not raise service as an issue, the Court deems any issues with service as waived. (Carlton v. Quint 77 Cal.App.4th 690, 697.) This matter is set for trial on July 22, 2024. DISCUSSION Balfour's MSJ At issue is an a...

Excerpt: ... law and policy a defendant owes no duty to protect a plaintiff from particular harm. Avila v. Citrus Community college Dist. (2006) 38 cal.4th 148, 161 ["Avila"]; Knight v. Jewett (1992) 3 cal.4th 295, 314-15 ["Knight"]. The court does not ask what risks a particular plaintiff subjectively knew of or chose to encounter, but evaluates "the fundamental nature of the sport and the defendant's role in or relationship to that sport in order to determ...

Excerpt: ...ember 5, 2023, Plaintiff's counsel, Vahe Khojayan (Mr. Khojayan), emailed Plaintiff's counsel, Rick Augustini (Mr. Augustini), regarding the subpoena and indicating Mr. Liu "continues to assert attorney-client privilege and work product doctrine for all communications with Mr. Pang." Mr. Khojayan stated that failure to withdraw the deposition and modify the items requested by September 6th would result in his filing of a motion to quash subpoena....

Excerpt: ...ffs to provide verified responses to all of Defendant's discovery requests without objections by March 14, 2023. On September 5, 2023, Defendant filed the instant Motion for Terminating and Monetary Sanctions (Motion) due to the failure of the Plaintiffs to provide the discovery responses ordered by the court on February 28, 2023. The Motion is supported by a declaration from Defendant's counsel, Rodolfo Gonzalez. Plaintiffs filed an untimely Opp...

Excerpt: ...sel represented that they had reserved a motion to be relieved from a waiver of their objections. Based upon these representations, the Court ruled on one of the motions to compel and continued the remaining four motions to compel and ordered the parties to meet and confer and for Plaintiff to file a revised Separate Statement by October 11, 2023 and any further Opposition by October 16, 2023. The Court did not receive the required further Separa...