Excerpt: ...y of their burden. It is still the moving party's burden to prove he or she is entitled to judgment. (Villa v. McFerren (1995) 35 Cal.App.4th 733, 743-745; FSR Brokerage, Inc. v. Superior Court (Blanco) (1995) 35 Cal.App.4th 69, 73-74, fn. 4.) Page | 2 Request for Judicial Notice Best asks to the Court to take judicial notice of the following pursuant to Evidence Code, sections 452 and 453 (without further clariÞcation). “Judicial notice is th...

Excerpt: ...respond to Question 5. She is also ordered to serve an objection-free response to RFP 6 within Þfteen (15) days. However, she need not respond to RFP 14. The Court would further GRANT sanctions. Plainti
¯ will pay Defendant JBGC $1,500, within thirty (30) days. 3 Relevant Facts This matter is, in essence, an emotional distress claim. After Plainti
¯s' minor daughter passed, they sought casket and funeral services from Defendants. They allege t...

Excerpt: ... Amy Chacon Þled this sexual harassment action against her landlord, Defendant Rajbir S. Husson. Plainti
¯'s o p e ra t i v e F i r s t Amended Complaint (FAC), Þled February 10, 2023, includes six causes of action: (1) sexual harassment/discrimination 4 (Gov. Code, §12955); (2) violation of Civil Code section 51.9; (3) violation of the Unruh Act (Civ. Code, §§51, 52); (4) assault; (5) battery; and (6) intentional inßiction of emotional di...

Excerpt: ...ehalf of Arthur Lozano (“Arthur”). The complaint alleges that as a result of the negligence of the Defendants, Karen was rendered neurologically impaired and no longer able to care for herself, work or support her family. The Complaint alleges, prior to and on April 22, 2021, Karen was evaluated for complaints of pain relating to her cervical spine. She was admitted to Victor Valley Global Medical Center (“Victor Valley” or “VVGMC”) b...

Excerpt: ...s; (3) meal periods; (4) rest breaks; (5) Þnal pay; 5 (6) wage statements; as well as for (7) violation of the unfair competition law. Plainti
¯ also sent a letter to the LWDA in order to perfect her Private Attorneys General Act (PAGA) claim, and on August 17, 2022, she Þled a First Amended Complaint (FAC) to add an additional cause for (8) civil penalties available pursuant to PAGA. On April 12, 2023, Plainti
¯ Þled a Second Amended Compla...

Excerpt: ...omponent repair codes (No. 39). Plainti
¯s also seek, without any limitation, documents su
¯icient to show all customer complaint codes from 2018 to present (No. 40), and operation codes provided to authorized dealerships from 2018 to present (No. 41). GM responded with objections, including the requests seek conÞdential, proprietary, and trade secret information, and stated that no documents will be produced. The Court denies the motion to RF...

Excerpt: ...ntive programs to lower their tax burdens. It asserts that it maintained trade secret, proprietary, and conÞdential systems to further its business. It further alleges that it hired Defendant Gan on April 9, 2018, via a Membership Admission Agreement and that, despite contractual obligations to maintain the conÞdentiality of those systems, Defendant Gan accessed and copied company Þles and secretly applied for employment at Specialty Tax Group...

Excerpt: ...te demur on the grounds of Code of Civil Procedure section 430.10, subdivision (c). This provision provides a demurrer lies when another action is pending between the same parties on the same cause of action. (Code Civ. Proc., §430.10, subd. (c); Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 787 [“Plant Insulation”].) If the Court sustains a demurrer under this subsection, the proper order is not dismissal, but abatemen...

Excerpt: ...ollectively, Defendants) on March 20, 2023. Plainti
¯ Þled his First Amended Complaint (FAC) on April 19, 2023, alleging seven causes of action: (1) elder abuse; (2) fraud; (3) unfair, fraudulent, and Unfair Business Practices Act- Cal. Bus. & Prof. Code Section 17200 et. seq.; (4) 7 undue inßuence; (5) intentional inßiction of emotional distress; (6) violation of California Business and Professions Code and (7) violation of the California We...

Excerpt: ...d because of the negligence of defendants Ontario Mills L.P., Simon Property Group, Interstate Cleaning Corporation, National Janitorial Solutions, Inc., and Marc Smith. Odeh then commenced suit against the defendants on June 23, 2023, alleging that each of the defendants negligently owned, maintained, managed, and operated the property. The form-complaint has two attachments outlining claims for premise liability and general negligence. However,...

Excerpt: ...ainty. First Cause o Action – Inverse IndemniÞcation Page | 2 An inverse condemnation claim arises when “there [is] an invasion or an appropriation o some valuable property right which the landowners possesses and the invasion or appropriation must be directly and specially a
¯ect the landowner to his injury.” (Border Business Park, Inc. v. City o San Diego (2006) 142 Cal.App.4th 1538, 1548.) A claim or inverse condemnation requires t...

Excerpt: ... (7) Compel further responses to requests for admission [from Mauricio & Federico / unopposed] Movants: Defendants Valley Transmission and Auto Repair, Inc., Edward Whittingslow, and Robert Larsen Respondents: Plainti
¯s Federico Martinez and Mauricio Martinez I. RELEVANT PROCEDURAL/FACTUAL BACKGROUND At issue are seven discovery motions Þled by Defendants—motions to compel each plainti
¯'s further responses to form interrogatories, special ...

Excerpt: ... actions. In the Ruiz matter, the proposed class includes all of Defendant Bright Sky's hourly, non-exempt employees for statutory period of four years prior to Þling. Ruiz Þled suit on August 15, 2022, alleging violations related to (1) minimum wages; (2) overtime; (3) meal periods; (4) rest breaks; (5) reimbursements; (6) Þnal pay; (7) wage statements; as well as claims for (8) violation of the unfair competition law, and (9) civil penalties...

Excerpt: ...llenge to the correctness of the order itself, but Spring Valley's proper course would have been to seek appellate review of the order. (Code Civ. Proc., § 904.1, subd.'s (a)(11)-(12) and (b).) The purported erroneous nature of the order does not excuse a failure to obey with its terms. (Marriage of Niklas (1989) 211 Cal.App.3d 28, 34-35.) The RFA No.'s 79-80, 82-83, 85- 86, 88-89, 91-92, 94-95, 97-98, 100-101, 134, 136, 140, 154, 191, and 296 A...

Excerpt: ...hicle was sold to Defendant Kheterpal and that he was not paid any portion of the sales price. He alleges that he did not learn of the sale until midFebruary 2021. Despite promises to pay, he alleges the sales money was never provided. On that basis, he reported the vehicle stolen on March 1, 2021. The vehicle was thereafter retrieved at Defendant Kheterpal's residence. Plainti
¯ asserts damage while in Kheterpal's possession and necessary repai...

Excerpt: ... action. Plainti
¯ alleges a variety of wage-and-hour violations which allegedly occurred during his employment for Defendant. On January 25, 2019, Defendant removed this matter to the federal District Court. On June 11, 2019, Plainti
¯ Þled his operative First Amended Complaint (FAC), which alleges violations relating to (1) meal periods; (2) rest breaks; (3) overtime wages; (4) minimum wages; (5) Þnal pay; (6) maintenance of required record...

Excerpt: ...e Motion to Strike Þled by Defendants Robertson's Transport, LTD., Robertson's Ready Mix, LTD., Michael R. Howard, RRM Development, and RRM Properties, LTD. (“Defendants”). Defendants seek to strike the allegations concerning the demand for punitive damages within the Shadwick's Complaint. SpeciÞcally, the moving Defendants seek to strike paragraphs 113, 123, 135, and 199215, and paragraph 7 of the prayer for relief. Plainti
¯s Shadwick, e...

Excerpt: ...ponse to Supplemental Special Interrogatories as to Kelsea Moscatel Movant: Defendant Best Buy Stores, L.P. Respondents: Plainti
¯s Cole and Kelsea Moscatel Page | 2 The Motions to Compel Further SRog Responses An overview of the law A motion to compel further responses is available when the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers....

Excerpt: ...onal distress; (4) breach of express and implied covenant of quiet enjoyment; (5) negligent violation of statutory duties; and (6) violation of Business and Professions Code section 17200 et seq. Plainti
¯s allege Defendant is the owner of real property located at 14231 Petaluma Court in Victorville, California (the Property). Plainti
¯s allege during an undisclosed time in which Plainti
¯s occupied the Property, Defendant breached the implied...

Excerpt: ... January 11, 2024, Olmos and Cross-complainant filed his Opposition to Brancato's Special Motion to Strike, along with the declaration of attorney Edward M. Palmer (Decl. Palmer) in support thereof. On January 18, 2024, Brancato filed her Reply to Olmos' Opposition. Discussion and Analysis Brancato moves this Court for an order striking the following causes of achon and specific related allegations in the Cross-complaint filed by Olmos: (1) Secon...

Excerpt: ...Civ. Proc., S 2031.310.) This Page | 3 motion can be utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., S 2031.310, subd. A motion for an order compelling further responses "shall set forth specific facts showing good cause justifying the discovery sought by the demand." (Code Civ. Proc., S 2031.310, subd. (b)(l); Ki...

Excerpt: ...1-50, inclusive Motion(s): Motion for Summary Judgment Movant(s): Defendants and Cross-complainants Ahmad Salamah, individually and dba A&A Auto Sales Respondent(s): Plaintiffs Mario Lalama and Noemi Lalama Discussion Analysis The undisputed Material Facts. Defendants submit 13 undisputed material facts (UMFs). In sum, the parties agree that this lawsuit arises out of an accident that occurred on June 26, 2019 in which Mario Lalama was driving hi...

Excerpt: ...for a remodel project, Specialty Builders, Inc. ("Specialty Builders"). This case was filed on September 5, 2023, after Specialty Builders filed its own action against Guerra, for Breach of Contract and Foreclosure of Mechanic's Lien, and asking for Arbitration under the Contract (Case No. CIVSB 24 2319301; Dept. S14). There have been notices of related cases filed in each department and the cases have been deemed related by each Court. The relat...

Excerpt: ...provide a procedure for the summary determination of whether a valid agreement to arbitrate exists, and such summary procedure satisfies both state and federal law. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th394, 413.) Under Code of Civil Procedure section 1281.2, a party to an arbitration agreement may move to compel arbitration if another party to the agreement refuses to arbitrate, and the court shall order the parties ...

Excerpt: ...fendant American Honda Motor Co., Inc., alleging the following causes of achon: (1) violation of SongBeverly Act — Breach of Express Warranty; and (2) fraudulent inducement-concealment. Plaintiffs' Complaint arises out of their purchase of a new 2018 Honda Odyssey on June 30, 2017. They entered -nto an express warranty, which covered repairs or defects of covered parts for 36 months or 36,000 miles and of the powertrain for 60 months or 60,000 ...