Excerpt: ...plaint -inInt ervention by Intervenor Applied Risk Services, Inc., which provided workers compensation insurance to Plaintiff's employer. The Court declines to consider the opposition filed by Defendant The Irvine Company LLC, because Defendant does not have standing t o oppose the motion under Code of Civil Procedure section 437c(p)(2), which provides that the burden shifts to “the plaintiff or crosscomplainant” in opposing a motion for sum...

Excerpt: ...eclaration that the defendant's conduct fell within the community standard of care, or did not cause or contribute to the injury, the defendant is entitled to summary judgment unless the plaintiff comes forward with conflicting expert evidence. (Hanson v. Grode (1999) 76 Cal.App.4th 601, 607; Munro v. Regents of University of California (1989) 215 Cal.App.3d 977, 984- 985.) Here, Defendants have met their initial burden. The expert opinion of Dr...

Excerpt: ...ct. CCP §1974( d) says a prevailing buyer “shall recover . . . attorney's fees and costs based on the actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” [Emphas is added] However, CCP §1794(d) does not say the Court has to give Plaintiff's counsel everything they ask for. For claims under the Song -Beverly Act claims, a prevailing b...

Excerpt: ...of $300 payabl e to Defendant no later than 30 days from the date of the service of notice of this order. California Rules of Court, rule 3.1348, subd. (a) [“The court may award sanctions under the Discovery Act in favor of a party who files a motion to compel discovery, even though . . . the requested discovery was provided to the moving party after the motion was filed.]. Moving Defendant to give notice. Motion to Compel Answers to Form Int...

Excerpt: ...tine Tan (Ta n), mMax Communications, Inc., and mMax Communications Pte Ltd. (MCSG) (collectively, crosscomplainants) are granted 10 days leave to amend. Two sets of demurrers by the same set of crossdefendants. As an initial matter, cross -defendants appear to believ e that just because they have retained several different law firms to represent them in this action, they can bring two separate demurrers to the same pleading. No authority provid...

Excerpt: ...rike shall meet and confer in person or by telephone with the party who filed the pleading being attacked to determine whether a resolution may be reached. Code Civ. Proc. §§ 430.41(a), 435.5(a). Here, counsel states he attempted to meet and confer with Plaintiff twice bef ore filing and Plaintiff did not respond. However, Plaintiff asserts in his own declaration that he attempted to call counsel twice to meet and confer and was informed that...

Excerpt: ...parts in their context. If the complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. [¶] The courts of this state have long since depar ted from holding a plaintiff strictly to the form of action that has been pleaded and 5 instead have adopted the more flexible approach of examining the facts alleged to determine ...

Excerpt: ...rtgage Co. v. Reece (2001) 89 Cal.App.4th 731, 745.) Defendants demur to the breach of contract cause of action on the ground it is not sufficiently pled because Plaintiffs cannot allege their performance under the contract and fail to allege any damages resulting f rom any purported breach by Defendants since Plaintiffs were damaged by their own conduct and inability to meet their obligations under the loan received from Defendants. Here, the 4A...

Excerpt: ...the grounds the Complaint fails to state facts sufficient to constitute a cause of action against Defendant and is “uncertain.” Defendant Endresen The Code provides that unless the grounds for a demurrer are distinctly specified, it may be disregarded. Code of Civil Procedure § 430.60. In the introduction to the points and authorities Defendants argue Endresen is not a proper party because there are no allegations he exceeded the scope of h...

Excerpt: ... the allegation that, b etween March and November, the common area trash dumpsters “create a major nuisance as a source of fruit flies.” (TAC at ¶59) Plaintiff does not assert that the defendants put food or other items in the dumpsters which attracted fruit flies. Instead, pla intiff alleges that “defendants' efforts to abate the nuisance were completely inadequate.” (TAC at ¶66) This requires proof of negligence. “[T]hat proof of ...

Excerpt: ...orceable to n onetheless recover attorney fees under that Defendants seek attorney fees pursuant to the terms of an Operating Agreement which provides: “If any party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the Prevailing P arty in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees.” (FAC, Ex. A, ¶ 9.) (Emphasis added.) The FAC alleges causes of actio...

Excerpt: ...or leave to intervene in Urquidi v. City of Los Angeles, LASC No. 22STCP04044. Should Plaintiffs be denied leave to intervene in Urquidi, the Court will revisit the stay and the pending demurrer. A status conference will take place on August 23, 2024 at 10:30 a.m. The parties shall file a joint status conference statement by August 16, 2024. REQUESTS FOR JUDICIAL NOTICE As to LASC's initial request for judicial notice: the Court GRANTS notice of...

Excerpt: ...OS GUZMAN to leav e the Taft Elementary School campus in his vehicle. (FAC, ¶¶ 3, 26.) As a result, Guzman drove erratically and unlawfully in a school zone and struck Plaintiffs with his vehicle. (FAC, ¶¶ 8, 26) To prevail in a negligence action, a plaintiff must show the defendant owed a legal duty to him or her, the defendant breached that duty, and the breach proximately caused injury to the plaintiff. (Wiener v. Southcoast Childcare Cent...

Excerpt: ...dant argues that there is no separate cause of action for negligence per se and that the negligence per se portion should be sustained without leave to amend. “‘Ordinarily, a general demurrer does not lie as to a portion of a cause of action, and if any part of a cau se of action is properly pleaded, the demurrer will be overruled.' [Citation.]” (Elder v. Pacific Bell Telephone Co. (2012) 205 Cal.App.4th 841, 856, n.14.) Defendant generall...

Excerpt: ... her opposition. The court in Pillsbury v. Karmgard (1994) 22 Cal. App. 4th 743, 753, held that if any person other than a real party in interest brings an action, it is subject to general demurrer. In the case of a trust, the real party in interest is the trustee of the trust. Id. at 753 -54. Thus, to establish standing, plaintiff must amend her Complaint to state facts establishing her status as a trustee of the trust that owns the subject prop...

Excerpt: ...��[i]f a party to whom interrogatories are directed fails to serve a timely response.” (Code Civ. Proc., § 2030.290, subd. (b).) By failing to serve timely responses, BAT, Inc. waived “any right to exercise the option to produce writings under Section 2030.230, as wel l as any objection to the interrogatories, including one based on privilege or on the protection for work product.” (Code Civ. Proc., § 2030.290, subd. (a).) A propounding p...

Excerpt: ...on. Summary judg ment was previously granted in favor of the District. The Court of Appeal reversed as to the first cause of action for negligence and remanded to the trial court to determine whether some or all of the Rowland v. Christian (1968) 69 Cal.2d 108 (Rowland) f actors exist and whether they weigh in favor of limiting the District's duty to A.P. Negligence A.P. was a student at Villa Park High School and turned 19 years old her senior ...

Excerpt: ...he court previously granted a lengthy trial continuance of nearly seven months, continuing trial from 12/4/23 to 7/1/23. (See 7/14/23 Minute Order.) For that continuance, Plaintiff had requested a 12 - month continuance of trial, arguing that trial in a related civi l action was continued and Plaintiff needs a continuance “so that Plaintiff will be afforded a reasonable time period to conduct discovery in this action after the completion of dis...

Excerpt: ...ated to the iss ue of sanctions: 1. “Opposition to the request for any sanction”, filed on 1/10/24; 2. “Motion Petition to waive the Sanction on 10/20/2023 due to Medical Condition”, filed on 1/26/24; and 3. “Motion: Withdrawal of Motion – Petition to Waive Sanction du e to Medical Condition”, filed on 5/8/24 (which refers to a hearing date of 5/10/24). There is no motion/petition to waive sanctions properly calendared for hearin...

Excerpt: ...rty intending to move for a new trial shall file with the clerk and serve upon each adverse party a notice of his or her intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minut es of the court. . . .” The Notice designates the following grounds as the basis for Plaintiff's Motion: (1) Irregularity in the proceedings of the court, jury or advers...

Excerpt: ...nsel also sh ould provide a red-lined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the c lass notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. Plaintiff has not provided the court with the estimated hig...

Excerpt: ...settlement ag reement. Counsel also should provide a redlined version of any revised papers, including the class notice. Counsel also should provide the court with an explanation of how the pending issues were resolved, with references to any corrections to the settlement agreement and the class notice, rather than with just a supplemental declaration or brief that simply asserts the issues have been resolved. The settlement agreement submitted a...

Excerpt: ...ndant, Randy Ellison. Terminating sanctions are appropriate when the “violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.” (Mileikowsky v. Tenet Healthsystem (200 5) 128 Cal.App.4th 262, 279.) Randy Ellison is selfrepresented and has ceased communicating with Plaintiff. Randy Ellison has ignored this Court's order to meet and confer rega...

Excerpt: ... the event of a disagreement between Owners and in order to break a tie vote, the issue or issues, at the request of any party, shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) before an ar bitrator selected from the panels of the arbitrators of the AAA. In the event of referral to arbitration, the Owner requesting arbitration shall remit the fee to initiate the ar...

Excerpt: ...ld have discovere d that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later.” The first part of this provision therefore requires childhood sexual assault lawsuits to be filed by the plaintiff 's 40th birthday. However, the theneffective CCP §340.1(q) extended the statute by up to three years, with the limitations period expiring by no later than January 1, 202...