What is a Motion for Sanctions for Negligent Spoliation?

Useful Rulings on Motion for Sanctions – Negligent Spoliation

Recent Rulings on Motion for Sanctions – Negligent Spoliation

1-25 of 10000 results

HOMAYOUN LARIAN VS EDWARD CZUKER, ET AL.

First, Plaintiff simply restates the facts of his intentional misrepresentation claim to support his negligent misrepresentation claim. (FAC ¶¶ 71-73.) These facts do not support a claim for negligent misrepresentation because Plaintiff fails to state how Mr. Czuker lacked a reasonable basis to believe his representations were true or how Mr. Czuker made the statements with the intent to induce Plaintiff’s reliance, thereby damaging Plaintiff.

  • Hearing

    Jul 26, 2020

  • Type

    Real Property

  • Sub Type

    other

KOUROSH IZADPANAHI VS MARIA ALMA YOLANDA IBARRA DABDOUB, ET AL.

Thus, Plaintiff has failed to sufficiently state a claim for negligent misrepresentation.

  • Hearing

    Jul 26, 2020

NINA MARIE JOHNSON VS IAN PATTON, ET AL.

Second Cause of Action: Negligent Infliction of Emotional Distress “The negligent causing of emotional distress is not an independent tort, but the tort of negligence. The traditional elements of duty, breach of duty, causation, and damages apply. Whether a defendant owes a duty of care is a question of law.” (Spates v. Dameron Hosp. Ass’n (2003) 114 Cal.App.4th 208, 213, ellipses, quotation marks, brackets, and paragraph breaks omitted.)

  • Hearing

    Jul 24, 2020

  • Type

    Contract

  • Sub Type

    Breach

JOHNATHAN MOLTONI, ET AL. VS XTREME MOTOR SPORTS, INC., ET AL.

On May 7, 2019, Plaintiffs filed a complaint, asserting a cause of action against Defendants and Does 1-20 for: Breach of Contract Fraudulent Misrepresentation Negligent Misrepresentation Fraud—Concealment Violation of Business and Professions Code Section 17200 Conversion Unjust Enrichment Conspiracy Money Had and Received Negligence On June 24, 2019, Defendants’ defaults were entered. On October 24, 2019, Plaintiffs dismissed Xtreme, without prejudice.

  • Hearing

    Jul 23, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Ribas (Plaintiff) filed suit against Defendant Beau Monde Association and Sommer Adel Salam (Defendant Rodriguez), alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing, (3) libel per se, (4) slander per se, (5) fraud (false promise), (6) negligent misrepresentation, and (7) breach of fiduciary duty.

  • Hearing

    Jul 17, 2020

CYNTHIA MARIA RIBAS VS BEAU MONDE ASSOCIATION, ET AL.

Ribas (Plaintiff) filed suit against Defendant Beau Monde Association and Sommer Adel Salam (Defendant Rodriguez), alleging: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing, (3) libel per se, (4) slander per se, (5) fraud (false promise), (6) negligent misrepresentation, and (7) breach of fiduciary duty.

  • Hearing

    Jul 17, 2020

NICHOLAS V. MORETTA VS POLARIS INDUSTRIES, INC., A DELAWARE CORPORATION, ET AL.

(a Minnesota corporation), Seidner Enterprises LLC dba Bert’s Mega Mall (“Seidner”) and Does 1-100 for: Strict Product Liability Negligence Failure to Warn Negligent Recall Violation of Civil Code §§ 1750, et seq. and Violation of Business & Professions Code §§ 17200, et seq.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

TPE ACQUISTION,INC. VS PLATINUM STAFFING

Platinum and Payroll) Negligent Misrepresentation (v. Platinum and Payroll) Alter Ego Liability (v. The Padillas and Three Star) On November 16, 2018, Plaintiff filed 5 proofs of service, which reflected that Three Star and Payroll had both been substitute served with the summons and complaint on September 28, 2018, that The Padillas had both been substitute served with same on October 2, 2018 and that Platinum had been substitute served with same on October 3, 2018.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

RUTH XIAOYU ZHANG VS NESTOR H. LLERNA

Negligent Misrepresentation 3. Negligence 4. Breach of Civil Code § 2079 5. Breach of Contract On January 26, 2018, the court granted The Llerenas’ motion for summary judgment. On February 9, 2018, the “Order Granting Defendants Nestor H. Llerena and Myrna T. Llerena’s Motion for Summary Judgment as to Plaintiffs’ First Amended Complaint” was filed. On February 26, 2018, Plaintiffs filed a Notice of Appeal.

  • Hearing

    Jul 16, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MELODY CHACKER VS SELECT PORTFOLIO SERVICING, AN ARIZONA CORPORATION DOING BUSINESS IN CALIFORNIA, ET AL.

.), alleging: (1) intentional misrepresentation; (2) violation of California Civil Code section 2923.5; (3) negligent misrepresentation; (4) violation of California Civil Code section 2924.17; (5) quiet title; and (6) declaratory and injunctive relief. On December 9, 2019, Plaintiff filed a substitution of attorney. Defendants SPS, U.S. Bank N.A., and NDSC (collectively, Defendants) now move for Plaintiff to be declared a vexatious litigant.

  • Hearing

    Jul 15, 2020

  • Type

    Real Property

  • Sub Type

    Foreclosure

ANTONIO SARAGOZA VS COSTCO WHOLESALE CORPORATION

Plaintiff alleges negligence and premises liability in the complaint for negligent harm caused to Plaintiff’s foot on July 28, 2018. On February 28, 2020, Plaintiff’s counsel, Raymond Ghermezian, filed a motion to be relieved as counsel pursuant to California Rule of Court, rule 3.1362. On March 18, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 5, 2020. On April 16, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 15, 2020.

  • Hearing

    Jul 15, 2020

CHRISTIAN CARRANZA VS DAVID PHILLIP MEYI, ET AL.

The complaint alleges negligence, gross negligence, negligent hiring, supervision and retention, and intentional infliction of emotional distress for an automobile collision that occurred on February 8, 2017. On March 6, 2020, Defendant Lyft, Inc., filed a motion to strike pursuant to California Code of Civil Procedure section 435, subdivision (b). A trial setting conference is scheduled for March 24, 2021. PARTY’S REQUEST Defendant Lyft, Inc.

  • Hearing

    Jul 14, 2020

DELMY YOJANA CASTEJON VS CITY OF LOS ANGELES, ET AL.

This applies to negligent harm caused from a fire hydrant. (See Razeto v. City of Oakland (1979) 88 Cal.App.3d 349, 351-353.) Accordingly, the Court finds there is good cause to grant the motion for leave to the proposed first amended answer. CONCLUSION The motion for leave to file a first amended answer is GRANTED. Moving Party is ordered to file the proposed first amended answer attached to Joseph C. Graven’s declaration as Exhibit B within 20 days of this ruling.

  • Hearing

    Jul 14, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

On October 9, 2019, Plaintiff Ilan Bitton commenced this action and then on December 18, 2019 filed a first amended complaint ("FAC") against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business contracts; and (5) negligent interference with prospective economic advantage.

  • Hearing

    Jul 14, 2020

C AYRAPETYAN VS GLENDALE UNIFIED SCHOOL DISTRICT ET AL

procedural history Plaintiff filed the Complaint on May 7, 2018, alleging five causes of action: Negligence (Vicarious Liability) Negligent Hiring, Training, Supervision, and Retention of Employees Assault and Battery Premises Liability Intentional Infliction of Emotional Distress On September 10, 2018, Plaintiff dismissed Defendant City of Glendale.

  • Hearing

    Jul 14, 2020

JEAN NDJONGO VS HENRY M. WILLIS, ET AL.

Accordingly, the causes of action added to the Second Amended Complaint (fraud, deceit (concealment), and negligent infliction of emotional distress) were improperly added without leave of the Court. Contrary to Plaintiff’s arguments, the Court’s December 5, 2019 order did not preserve any cause of action for deceit. Rather, the Court’s order sustained with leave to amend only a cause of action for misrepresentation.

  • Hearing

    Jul 14, 2020

CHAN WOO JANG VS YOUNG C OH, ET AL.

Fraud and Deceit (2nd Cause of Action) Intentional and negligent misrepresentation actions are subject to strict requirements of particularity in pleading. (Goldrich v. National Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782.) Fraud must be pled with specificity rather than with general and conclusory allegations. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167,184.)

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CHAN WOO JANG VS YOUNG C OH, ET AL.

Fraud and Deceit (2nd Cause of Action) Intentional and negligent misrepresentation actions are subject to strict requirements of particularity in pleading. (Goldrich v. National Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782.) Fraud must be pled with specificity rather than with general and conclusory allegations. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167,184.)

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

DANIEL KANG VS VOLVO CARS OF NORTH AMERICA, LLC, ET AL.

Code § 1791.1; § 1794; § 1795.5) (against Volvo NA); Fraud by Omission (against Volvo NA); and Negligent Repair (against Volvo SM). Defendant Volvo NA (hereinafter “Defendant”) demurs to the first through sixth causes of action against it. Legal Standard on Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. (Wilson v.

  • Hearing

    Jul 14, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

On October 9, 2019, Plaintiff Ilan Bitton commenced this action and then on December 18, 2019 filed a first amended complaint ("FAC") against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business contracts; and (5) negligent interference with prospective economic advantage.

  • Hearing

    Jul 14, 2020

JESSICA STEVENS, AN INDIVIDUAL, ET AL. VS NBA AUTOMOTIVE, INC., A CALIFORNIA CORPORATION, ET AL.

The Court finds that Plaintiffs have pled facts sufficient to state a cause of action for negligent misrepresentation.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

CR CREATIVE SERVICES INC VS HAROLD BRIONES ET AL

Also, that beginning March 2018, Rittner falsely accused B&R of being negligent and damaging its clients’ property during delivery. (Oppo. at p. 13.) B&R further contends that Briones discovered in May 2018 that between 2015 and 2018 Rittner told B&R customers Kerry Joyce, Gregory Upson, Windsor Smith, Elizabeth Dinkel, and Mary McDonald that B&R had no insurance coverage. (Oppo. at p. 13.)

  • Hearing

    Jul 14, 2020

REVERSE MORTGAGE SOLUTIONS INC VS KMC LANDSCAPING SERVICES

The FAC asserts causes of action for (1) slander of title against KMC and Cohick, (2) fraud against KMC and Cohick, (3) negligent misrepresentation against KMC and Cohick, (4) unfair business practices against KMC and Cohick, (5) intentional interference with a prospective economic advantage against KMC and Cohick, and (6) foreclosure on contractor’s bonds against KMC, SIC, and ACIC. The FAC alleges in pertinent part as follows.

  • Hearing

    Jul 13, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

RIDGE CONLAN, ET AL. VS ROCKIN' RESCUE, ET AL.

BACKGROUND: Plaintiffs Ridge Conlan, his wife, Lori Conlan, and their daughter, Samantha Conlan commenced this action against Rockin’ Rescue, AGWC Rockin’ Rescue, and Ady Gil (“Defendants”) on April 4, 2019 for (1) fraud; (2) fraud – intentional misrepresentation; (3) fraud – negligent misrepresentation; (4) breach of duty of honesty and fair dealing and good faith; (5) negligence; (6) intentional infliction of emotional distress; and (7) negligent infliction of emotional distress.

  • Hearing

    Jul 13, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

MIRNA AMAYA VS THE SALVATION ARMY

Background and Summary of Ruling Plaintiff, Mirna Amaya, alleges that Defendant, the Salvation Army, a California Corporation, managed and maintained its business and premises in such a negligent and careless manner that it caused a dangerous and hazardous condition on the subject premises that caused Amaya injuries.

  • Hearing

    Jul 13, 2020

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