SUMMONS + COMPLAINT June 18, 2013 (2024)

SUMMONS + COMPLAINT June 18, 2013 (1)

SUMMONS + COMPLAINT June 18, 2013 (2)

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  • SUMMONS + COMPLAINT June 18, 2013 (4)
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(FILED: WESTCHESTER COUNTY CLERK 0671872013) INDEX NO. 59405/2013NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/18/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER Index No.: inne ete ne mene Filed: NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff, SUMMONS -against- Plaintiff designates the DOROTHY J. HOPKINS and RAYMOND DESIO, County of Westchester As the Place of Trial Defendants. wrt ee ee ee ena en x To Dorothy J. Hopkins Raymond Desio 487 Elverton Avenue 1657 83" Street Staten Island, New York 10308 Brooklyn, New York 11214 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the date of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default. The basis of the venue designated is that the plaintiff maintains a place of business in Westchester County. Dated: Mineola, New York June 5, 2013 Yours, etc., Bartlett, McDonough & Monaghan, LLP By ~ Neil Mascolo Attorneys for Plaintiffs Nationwide Mutual Fire Insurance Company 170 Old Country Road Mineola, New York 11501 (516)877-2900 BM&M File No.: 310-0096SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF WESTCHESTER Index No.:panne ne eg c en een nena ce een rennnrnar nena neenenenene amen mnie Filed:NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff, COMPLAINT FOR ~against- DECLARATORY JUDGMENTDOROTHY J. HOPKINS and RAYMOND DESIO, Defendants.et en eet ne annaCOUNSELORS: Plaintiff, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, by way ofcomplaint for declaratory judgment against defendants, DOROTHY J, HOPKINS andRAYMOND DESIO, upon information and belief respectfully sets forth and alleges: THE PARTIES 1 Plaintiff, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,(hereinafter referred to as “Nationwide”), was and still is a foreign corporation, licensed to dobusiness in the State of New York and maintains an office for the conduct of its business as 565Taxter Road, Elmsford, New York 10523. 2 Plaintiff Nationwide was and is fully Hcensed to do business in the State of NewYork as an insurance company with the right to issue various types of insurance policies. 3 That at all times hereinafter mentioned, defendant DOROTHY J, HOPKINS, wasand still is a resident of the County of Richmond, State of New York. 4 Defendant DOROTHY J. HOPKINS was and is the owner of the premises locatedat 487 Elverton Avenue Staten Island, New York 10308. c 2 That at all times hereinafter mentioned, defendant RAYMOND DESIO, was andstill is a resident of the County of Kings, State of New York.FACTAUL BACK GROUND 6 Upon information and belief: defendants DOROTHY J. HOPKINS andRAYMOND DESIO were involved in an altercation on August 4, 2012 at the premises located at487 Elverton Avenue, Staten Island, New York. 7 During the course of that altercation, it is alleged that defendant HOPKINSintentionally and willfully pushed defendant DESIO down an interior staircase contained withinthe aforementioned premises with the intent to cause bodily injuries including pain and suffering, 8 As a result of said altercation, defendant HOPKINS was arrested by the NewYork City Police Department and charged with a misdemeanor crime under CPL 120-00 assaultin the third degree, Complaint Number: 2012-122-06801. 9 Nationwide issued a home-owner’s policy, number 66 31 HO 543965 to DorothyHopkins, for the policy period of October 10, 2011 to October 10, 2012. 10. That said policy was in full force and effect on August 4, 2012. THE UNDERLYING ACTION It, That on or about February 22, 2013, an action was commenced in the SupremeCourt of the State of New York, County of Kings, under Index Number: 3283/13, entitledRaymond Desio y. Dorothy J, Hopkins. (Herein after referred to as “the underlying action”). 12. That in the underlying action, Raymond Desio alleges that on August 4, 2012,“.. while lawfully on the premises located at 487 Elverton Avenue, Staten Island, New York,and without any just cause or provocation, was maliciously assaulted and beaten by thedefendant, Derothy J. Hopkins, who failed to properly control her own actions and repeatedlypunched, kicked, and other physically struck said plaintiff with hands, fists, and other objectsinside the aforementioned premises, causing plaintiff severe and permanent physical andemotional injuries, as well as pain and suffering.” A copy of the aforementioned summons andcomplaint in the underlying action is annexed hereto as Exhibit “A”. 13. In response to a Notice of Claim, Nationwide issued a timely disclaimer ofcoverage letter dated October 3, 2012 based on the allegations. (See Exhibit “B”). Nationwide’sdisclaimer letter issued to defendant Dorothy Hopkins and Desio’s counsel, Golden & Riven,clearly states: Our investigation of this matter indicates that you, either intentionally or willfully caused bodily injury to Mr. Raymond Desio by allegedly pushing him down the stairs. Our investigation to date indicates that you were charged with third degree assault on this matter and therefore the alleged incident is criminal in nature. Based on the above, coverage under the Nationwide policy is being denied. If, however, you are served with a summons and complaint in this matter, you may contact me in order to review the allegations in the complaint to determine if Nationwide will provide a defense to you in the action. Be advised that by reviewing the complaint, Nationwide does not waive the position previously stated with regard to coverage for this incident. 14. Subsequent to this letter and upon commencement of the underlying action,Nationwide issued a second disclaimer letter to defendant Dorothy J. Hopkins and counsel fordefendant Raymond Desio dated April 9, 2013, (See Exhibit “C”) which clearly stating thefollowing: We previously disclaimed coverage to you via correspondence dated October 3, 2012. The basis for the disclaimer was that you either intentionally or willfully caused bodily injury to Mr. Raymond Desio by allegedly pushing him down the stairs. The denial was further premised on the fact that you were charged with assault in the third degree and therefore. the alleged incident was criminal in nature. Lastly, coverage was denied because of your failure to report the claim timely, in violation of the policy conditions.Please be advised that Nationwide will defend you under Reservation of Rights and Partial Disclaimer due to the allegations of negligence in the complaint. However, Nationwide will not indemnify you or anyone else for any damages resulting from conduct that does not constitute an occurrence or resulting from conduct that is intentional or criminal in nature. Nationwide will also withdraw its defense of you if it is determined that the plaintiff's damages did not result from an occurrence or resulted from your intentional or criminal conduct. Nationwide further reserves their right to seek a judicial determination as to their obligation to defend and/or indemnify you. 15, The within action has been commenced to determine the rights and obligations, ifany, of plaintiff Nationwide to defend and indemnify Dorothy J. Hopkins. for the allegations inthe underlying suit brought by Raymond Desio. 16. An actual controversy has arisen between the plaintiff and defendants as towhether Nationwide is obligated under the subject policy to defend and indemnify Dorothy J.Hopkins in the underlying action. 17, The subject policy, pursuant to its terms and conditions, does not providecoverage for the claims asserted against defendant Hopkins in the underlying action.Nationwide’s home-owner's policy # 66 31 HO 543965 provides as follows: Section lI — Liability Coverages Additional Definitions Applicable to these Coverages 4, “OCCURRENCE” means bodily injury or property damage resulting from an accident, including continued or repeated exposure to the same general condition. The occurrence must be during the policy period. 18. The subject incident does not fall within the policy definition of “occurrence” inthat it has been alleged that Raymond Desio was caused to sustain severe and serious personalinjuries as a result of an assault and battery and not the result of an accident.19, Nationwide’s home-owner’s policy # 66 31 HO 543965 also provides thefollowing exclusion: LIABILITY EXCLUSIONS (Section I) Coverage E ~ Personal Liability and Coverage F — Medical Payments to others do not apply to bodily injury or property damage: Caused intentionally by or at the direction of an insured, including willful acts the result of which the insured knows or ought to know will follow from the insured’s conduct. Caused by or resulting from an act or omission which is criminal in nature and is committed by the insured. This exclusion |.b applies regardless of whether the insured is actually charged with or convicted of the crime. 20, Plaintiff Nationwide is not obligated to defend or indemnify Dorothy J. Hopkinsfor the lawsuit brought by Raymond Desio based on the above noted exclusion. 21. Nationwide’s home-owner’s policy number 66 31 HO 543965 includes thefollowing liability conditions: SECTION IL 3 Duties after Loss. In case ofa Joss, you must perform the following duties. You must cooperate with us in seeing that these duties are performed. Give notice to us or our agent as soon as reasonably possible thereafter setting forth: (1) Identity of the policy and insured. (2) Time, place and facts of the accident or occurrence. (3) Names and addresses of the claimants and witnesses, b ‘The failure to give any notice required to be given by the policy within the time specified in this policy will not invalidate any claim made by an insured, an injured person, or any other claimant if: (1) It was shown not to have been reasonably possible to give such notice within the prescribed time andnotice was given as soon as reasonably possible thereafter; or (2) The failure to provide timely notice has not prejudiced us. 22, The Nationwide home-owner’s policy includes certain exclusions that apply toexclude coverage for the claims asserted in the underlying action. 23. Therefore, Nationwide has no duty to defend or indemnify Dorothy J. Hopkins forthe lawsuit brought by Raymond Desio in the underlying action. 24, Plaintiff, Nationwide, requires and requests a declaration of its rights andobligations under policy number 66 31 HO 543965, regarding its obligations to defend andindemnify Dorothy J. Hopkins for her alleged assault and criminal acts against Raymond Desio. 25. Plaintiffhas no adequate remedy at law. WHEREFORE, plaintiff requests judgment as follows: a) A declaration that plaintiff, Nationwide Mutual Fire Insurance Company,has no duty to defend or indemnify Dorothy J. Hopkins for any and all claims arising out of theevents occurring on August 4, 2012; b) Declaring that plaintiff, Nationwide Mutual Fire Insurance Company, hasno duty to defend or indemnify Dorothy J. Hopkins, under policy number 66 31 HO 543965,with respect to those allegations brought by Raymond Desio in the Supreme Court, KingsCounty. Index Number 3283/13; andc) Granting such other and further relief as this Court deems proper, togetherwith the costs and disbursements of this action.Dated: Mineola, New York June 5, 2013 Yours, ete., Bartlett, McDonough & Monaghan, LLP By: Neil Mascolo Attorneys for Plaintiffs Nationwide Mutual Fire Insurance Company 170 Old Country Road Mineola, New York 11501 (S16)877-2900TO Dorothy J. Hopkins 487 Elverton Avenue Staten Island, New York 10308 Raymond Desio 1657 83" Street Brooklyn, New York 11214VERIFICATION Deponent is a Casualty Claims Manager for Nationwide Mutual Fire Insuranc e Company,the plaintiff in the within action; Deponent has read the forgoing complaint, and knows thecontents thereof; the same is true to Deponent’s own knowledge, accept as to matters thereinstated to be alleged on information and belief, and as to thoseSe mmmatter Depone ntnt be: be. lieves them tobe true.Dated: Llu sind, New York Tee a, yh oe Kim Sansotta Casualty Claims ManagerNw any + ® baefack wae A WL vs Ws at Jvag a3 oo . C La 1 MARYANN TAGLIAGAMBE NOTARY PUBLIC, Stats of New Yau, No. O1TAGNS1 187 Qualified in Meese County Gomamisaton Expires G4/ge/2_ 3 (57SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF Index No.:NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Plaintiff, -against-DOROTHY J. HOPKINS and RAYMOND DESIO, Defendants. SUMMONS AND VERIFIED COMPLAINT BARTLETT, McDONOUGH & MONAGHAN, LLP Attorneys for Plaintiff Office & P.O. Address 170 Old Country Road Mineola, New York 11501 Tel: (516) 877-2900 BMM File No.: 310-0096

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Case Number: 21STCV36657 Hearing Date: August 20, 2024 Dept: F43 Dept. F43 Date: 8-20-24 Case #21STCV36657, Larry Carlon, et al. vs. Estate of Jonathan Patrick Tatone, et al. Trial Date: 4-28-25 MOTIONS TO COMPEL FURTHER DISCOVERY RESPONSES MOVING PARTY: Defendant County of Los Angeles RESPONDING PARTY: Plaintiff Larry Carlon RELIEF REQUESTED Plaintiffs Further Responses to Defendants Special Interrogatories RULING: Motion is granted. SUMMARY OF ACTION AND ANALYSIS On October 5, 2021, Plaintiff Larry Carlon (Plaintiff) filed this wrongful death case against Defendant County of Los Angeles (Defendant). Defendant propounded discovery on Plaintiff, including special interrogatories and requests for production of documents. Because Plaintiff is the father of the adult decedent who is the subject of the wrongful death action, Defendant seeks information as to whether Plaintiff was financially dependent upon the decedent. Plaintiff served responses to Defendants special interrogatories and requests for production on March 6, 2024. This motion concerns the special interrogatories. Plaintiff objected to and refused to respond to Defendants Special Interrogatories Nos. 30 through 44. The parties engaged in substantial meet and confer efforts in order to resolve the issues present. They were unsuccessful, so Defendant filed this motion on July 23, 2024. Special Interrogatories 30 through 44 seek information related to the bank accounts, investment accounts, retirement accounts, retirement-related payments, sources of financial gain (on or after January 1, 2016, until June 1, 2021), and real property, as well as the balances and values of those accounts and property as of June 1, 2021. Defendant argues that the information it seeks through the special interrogatories is highly relevant. Defendant also argues that Plaintiff must provide full responses, as the right to privacy does not justify Plaintiffs failure to respond and the special interrogatories are not overly broad. Plaintiff argues in his opposition that the special interrogatories do not seek highly relevant information and that the right to privacy justifies his objections. He also argues that the interrogatories are overbroad. Defendants reply reasserts the arguments made in its motion. ANALYSIS A party may obtain discovery related to any matter, not privileged, that is relevant to the litigation, provided the matter is admissible or appears reasonably calculated to lead to the discovery of admissible evidence. (CCP § 2017.010.) When a responding partys objections and responses to interrogatories are without merit and/or too general, a party may move to compel further responses for good cause. (CCP § 2030.300.) The good cause requirement is met by a showing of relevance. (TBG Ins. Servs. Corp. v. Superior Court (2022) 96 Cal.App.4th 443, 448.) Relevance in this context is broad. (Id.) Evidence is relevant if it might reasonably assist a party in evaluating its case, preparing for trial, or facilitating a settlement. (Id.) Under the Legislatures very liberal and flexible standard of relevancy, any doubts as to relevance should generally be resolved in favor of permitting discovery. (Williams v. Superior Court (2017) 3 Cal.5th 531, 542 (quoting Pac. Tel. & Tel. Co. v. Superior Court (1970) 2 Cal.3d 161, 173).) Courts presume all relevant nonprivileged evidence in a partys possession is discoverable. (Glenfed Dev. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117.) Relevance of the Special Interrogatories Defendant argues that the disputed special interrogatories are relevant because they seek information that it argues is necessary in determining whether Plaintiff was financially dependent on the decedent. That is a requirement for a wrongful death action pursuant to CCP § 377.60. Plaintiff argues that the information sought by Defendant is not relevant because Defendant seeks details about owned businesses, income, investments, properties owned, and loans made by the decedent to his parents. Plaintiffs argues that this information is not determinative of whether Plaintiff had some expectancy to have some financial dependence on his son for the necessities in life. Plaintiff further argues that the focus should be on the support provided by the decedent to his father, the Plaintiff, rather than the overall financial status of Plaintiff. Next, Plaintiff argues that the actions by the decedent right before his death evidence a commitment to provide for both his parents for the necessities of life, due to his parents age and medical complications. Defendant argues in reply that the information it seeks is highly relevant because [P]arents cannot be considered dependent for purposes of the wrongful death statute unless they were actually dependent, to some extent, upon the decedent for the necessaries of life. (Soto v. BorgWarner Morse TEC Inc. (2015) 239 Cal.App.4th 165, 189 (citation omitted).) Plaintiff brought his wrongful death claim based on his assertion that he was financially dependent on the decedent. Therefore, information concerning Plaintiffs financial accounts and the amount of money in those accounts is highly relevant to the lawsuit. It is not enough for him to say that he was financially dependent on the decedent; he needs to demonstrate it through evidence of his own financial condition at that time. Right of Privacy The constitutional right of privacy is not absolute. (Hill v. Natl Collegiate Athletic Assn (1994) 7 Cal.4th 1, 38; see John B. v. Superior Court (2006) 38 Cal.4th 1177, 1199 (a partys privacy interests may have to give way to [the] opponents right to a fair trial (citation omitted))). A party who asserts a right to privacy must establish: (1) a legally protected privacy interest; (2) a reasonable expectation of privacy in the circumstances; and (3) conduct by defendant constituting a serious invasion of privacy. (Hill, 7 Cal.4th at 35-37.) However, even if the threshold Hill requirements are established, a court must then balance the right of privacy against the need for disclosure. (Id.) Courts . . . place the burden on the party asserting a privacy interest to establish its extent and the seriousness of the prospective invasion . . .. (Williams v. Superior Court (2017) 3 Cal.5th 531, 557.) Courts allow discovery into a partys finances where the finances are relevant to the case. (Rawnsley v. Superior Court (1986) 183 Cal.App.3d 91-92 (financial information that goes to the cause of action at issue is generally discoverable).) In this case, Plaintiffs financial information is directly relevant to the case. Any privacy interests that Plaintiff might have in that information is overcome by the need for disclosure. Additionally, there is already a protective order in place in this case, so any doubts about the privacy of the information may be resolved by the protective order. Breadth of the Interrogatories Plaintiff argues that the special interrogatories are overbroad because they seek financial information spanning from January 1, 2016, through June 1, 2021. However, only Special Interrogatories Nos. 39 and 40 deal with this longer time period, and those interrogatories seek sources of financial gain over that time period. The rest of the interrogatories only seek information on accounts and real property as of June 1, 2021. These requests are not overbroad, as they deal with a specific relevant time period or a specific date in time. Conclusion Based on the foregoing, the Court finds that Defendants Special Interrogatories are relevant, do not violate Plaintiffs privacy interests, and are not overly broad. ORDER Defendants motion to compel further responses to Special Interrogatories Nos. 30 through 44 is granted. Plaintiff is ordered to provide responses to Special Interrogatories Nos. 30 through 44 within 30 days. Moving party to give notice. Dept. F43 Date: 8-21-24 Case #21STCV36657, Larry Carlon, et al. vs. Estate of Jonathan Patrick Tatone, et al. Trial Date: 4-28-25 MOTIONS TO COMPEL FURTHER DISCOVERY RESPONSES MOVING PARTY: Defendant County of Los Angeles RESPONDING PARTY: Plaintiff Bonnie Carlon RELIEF REQUESTED Plaintiffs Further Responses to Defendants Special Interrogatories RULING: Motion is granted. SUMMARY OF ACTION AND ANALYSIS On October 5, 2021, Plaintiff Bonnie Carlon (Plaintiff) filed this wrongful death case against Defendant County of Los Angeles (Defendant). Defendant propounded discovery on Plaintiff, including special interrogatories and requests for production of documents. Because Plaintiff is the mother of the adult decedent who is the subject of the wrongful death action, Defendant seeks information as to whether Plaintiff was financially dependent upon the decedent. Plaintiff served responses to Defendants special interrogatories and requests for production on March 6, 2024. This motion concerns the special interrogatories. Plaintiff objected to and refused to respond to Defendants Special Interrogatories Nos. 30 through 44. The parties engaged in substantial meet and confer efforts in order to resolve the issues present. They were unsuccessful, so Defendant filed this motion on July 23, 2024. Special Interrogatories 30 through 44 seek information related to Plaintiffs bank accounts, investment accounts, retirement accounts, retirement-related payments, sources of financial gain (on or after January 1, 2016, until June 1, 2021), and real property, as well as the balances and values of those accounts and property as of June 1, 2021. Defendant argues that the information it seeks through the special interrogatories is highly relevant. Defendant also argues that Plaintiff must provide full responses, as the right to privacy does not justify Plaintiffs failure to respond and the special interrogatories are not overly broad. Plaintiff argues in her opposition that the special interrogatories do not seek highly relevant information and that the right to privacy justifies his objections. She also argues that the interrogatories are overbroad. Defendants reply reasserts the arguments made in its motion. ANALYSIS A party may obtain discovery related to any matter, not privileged, that is relevant to the litigation, provided the matter is admissible or appears reasonably calculated to lead to the discovery of admissible evidence. (CCP § 2017.010.) When a responding partys objections and responses to interrogatories are without merit and/or too general, a party may move to compel further responses for good cause. (CCP § 2030.300.) The good cause requirement is met by a showing of relevance. (TBG Ins. Servs. Corp. v. Superior Court (2022) 96 Cal.App.4th 443, 448.) Relevance in this context is broad. (Id.) Evidence is relevant if it might reasonably assist a party in evaluating its case, preparing for trial, or facilitating a settlement. (Id.) Under the Legislatures very liberal and flexible standard of relevancy, any doubts as to relevance should generally be resolved in favor of permitting discovery. (Williams v. Superior Court (2017) 3 Cal.5th 531, 542 (quoting Pac. Tel. & Tel. Co. v. Superior Court (1970) 2 Cal.3d 161, 173).) Courts presume all relevant nonprivileged evidence in a partys possession is discoverable. (Glenfed Dev. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117.) Relevance of the Special Interrogatories Defendant argues that the disputed special interrogatories are relevant because they seek information that it argues is necessary in determining whether Plaintiff was financially dependent on the decedent. That is a requirement for a wrongful death action pursuant to CCP § 377.60. Plaintiff argues that the information sought by Defendant is not relevant because Defendant seeks details about owned businesses, income, investments, properties owned, and loans made by the decedent to his parents. Plaintiff argues that this information is not determinative of whether Plaintiff had some expectancy to have some financial dependence on her son for the necessities in life. Plaintiff further argues that the focus should be on the support provided by the decedent to his mother, the Plaintiff, rather than the overall financial status of Plaintiff. Next, Plaintiff argues that the actions by the decedent right before his death evidence a commitment to provide for both his parents for the necessities of life, due to his parents age and medical complications. Defendant argues in its reply that the information it seeks is highly relevant because [P]arents cannot be considered dependent for purposes of the wrongful death statute unless they were actually dependent, to some extent, upon the decedent for the necessaries of life. (Soto v. BorgWarner Morse TEC Inc. (2015) 239 Cal.App.4th 165, 189 (citation omitted).) Plaintiff brought her wrongful death claim based on her assertion that she was financially dependent on the decedent. Therefore, information concerning Plaintiffs financial accounts and the amount of money in those accounts is highly relevant to the lawsuit. It is not enough for her to say that she was financially dependent on the decedent; she needs to demonstrate it through evidence of her own financial condition at that time. Right of Privacy The constitutional right of privacy is not absolute. (Hill v. Natl Collegiate Athletic Assn (1994) 7 Cal.4th 1, 38; see John B. v. Superior Court (2006) 38 Cal.4th 1177, 1199 (a partys privacy interests may have to give way to [the] opponents right to a fair trial (citation omitted))). A party who asserts a right to privacy must establish: (1) a legally protected privacy interest; (2) a reasonable expectation of privacy in the circumstances; and (3) conduct by defendant constituting a serious invasion of privacy. (Hill, 7 Cal.4th at 35-37.) However, even if the threshold Hill requirements are established, a court must then balance the right of privacy against the need for disclosure. (Id.) Courts . . . place the burden on the party asserting a privacy interest to establish its extent and the seriousness of the prospective invasion . . .. (Williams v. Superior Court (2017) 3 Cal.5th 531, 557.) Courts allow discovery into a partys finances where the finances are relevant to the case. (Rawnsley v. Superior Court (1986) 183 Cal.App.3d 91-92 (financial information that goes to the cause of action at issue is generally discoverable).) In this case, Plaintiffs financial information is directly relevant to the case. Any privacy interests that Plaintiff might have in that information is overcome by the need for disclosure. Additionally, there is already a protective order in place in this case, so any doubts about the privacy of the information may be resolved by the protective order. Breadth of the Interrogatories Plaintiff argues that the special interrogatories are overbroad because they seek financial information spanning from January 1, 2016, through June 1, 2021. However, only Special Interrogatories Nos. 39 and 40 deal with this longer time period, and those interrogatories seek sources of financial gain over that time period. The rest of the interrogatories only seek information on accounts and real property as of June 1, 2021. These requests are not overbroad, as they deal with a specific relevant time period or a specific date in time. Conclusion Based on the foregoing, the Court finds that Defendants Special Interrogatories are relevant, do not violate Plaintiffs privacy interests, and are not overly broad. ORDER Defendants motion to compel further responses to Special Interrogatories Nos. 30 through 44 is granted. Plaintiff is ordered to provide responses to Special Interrogatories Nos. 30 through 44 within 30 days. Moving party to give notice.

Ruling

JOHN E. WAI VS. FATHI SAID ET AL

Aug 19, 2024 |CGC23606031

Matter on the Discovery Calendar for Monday, Aug-19-2024, Line 6, PLAINTIFF TWO TO FOUR, LLC'S, A CALIFORNIA LIMITED LIABILITY COMPANY, Second Motion To Compel Discovery. Continued to September 13, 2024, on the court's motion. No JPT available. (D525)

Ruling

Maria Napoles, et al. vs Lewis Maiorino Ranch, Inc., et al.

Aug 20, 2024 |17CV-02223

17CV-02223 Maria Napoles, et al. v. Lewis Maiorino Ranch LLC, et al. .Petition for Compromise of Minors Disputed ClaimAppearance required. Remote appearances are permitted. Parties who wish to appearremotely must contact the clerk of the court at (209) 725-4111 to arrange for a remoteappearance. The Minor’s Compromised filed August 6, 2024, is GRANTED upon the Courtperforming a voir dire of the Guardian Ad Litem as to the compromise content and theresulting finality of case if accepted. Although the attorney fee request exceeds theCourt’s local rule and limit of 25%, based on the totality of the circumstances, includingthe complexity of the case and workup involved, the Court finds 33.3% to be areasonable sum and apparently the percentage agreed upon by the plaintiff in therepresentation agreement with counsel.

Ruling

SOLLARS vs. JOSEPH

Aug 16, 2024 |C23-00616

C23-00616CASE NAME: SOLLARS VS. JOSEPH*HEARING ON MINOR'S COMPROMISE RE BRANDON NEVAREZFILED BY: SOLLARS, ISELA*TENTATIVE RULING:*Petition to approve compromise of minor Brandon Nevarez’s claim is granted. Petition wasunopposed. No personal appearance is required. SUPERIOR COURT OF CALIFORNIA, CONTRA COSTA COUNTY MARTINEZ, CA DEPARTMENT 18 JUDICIAL OFFICER: GINA DASHMAN HEARING DATE: 08/16/2024

Ruling

DANA DRABINSKY VS 4629 FULTON, LLC, ET AL.

Aug 19, 2024 |24VECV01169

Case Number: 24VECV01169 Hearing Date: August 19, 2024 Dept: 107 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT DANA DRABINSKY, Plaintiff, vs. 4629 FULTON, LLC, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: 24VECV01169 [TENTATIVE] ORDER RE: DEFENDANTS MOTION TO STRIKE Dept. 107 9:00 a.m. August 19, 2024 I. BACKGROUND On March 14, 2024, Plaintiff Dana Drabinsky (Plaintiff) filed a complaint against Defendants 4629 Fulton, LLC; M West Holdings, LLC; Polaris Property Management, LLC; Cushman & Wakefield, Inc; Cushman & Wakefield Global Services, Inc., Cushman & Wakefield of California, and Cushman & Wakefield U.S., Inc., and later amended the complaint to also name Pinnacle Property Management Services California Corp. (Defendants) alleging causes of action for: (1) Negligence; (2) Preemies Liability; and (3) Negligent Hiring, Supervision, Training and Retention. Plaintiffs Complaint also seeks a prayer for punitive damages. The complaint alleges that on or about May 20, 2017, Plaintiff signed a lease for an apartment owned, controlled, and/or managed by Defendants. Defendants did not inspect the apartment to make sure it was safe for occupants (which it was not). The complaint further alleges that about three days after moving in, on or about May 23, 2017, Plaintiff noticed issues with the shower in her apartment, specifically low water pressure and rusty/yellow water. Plaintiff contacted Defendants. Defendants first had the showerhead replaced but the water was still rusty/yellow. Defendants then negligently hired an unfit plumber, who cut the wall from the wet bar that backed into the shower to replace the shower valve. But Defendants plumber did not properly install the shower valve such that it was constantly leaking. Even more, Defendants plumber did not install the new valve per the Building code such that the replacement was not a single-handle valve. Lastly, Defendants plumber left a live electrified conduit very close to and/or touching the shower connections. Plaintiff further alleges that for the next two years, the shower valve was constantly leaking and causing mold to grow in Plaintiffs apartment. As a result, Plaintiff alleges she was continually being exposed to mold for two years after moving into the apartment. Plaintiff claims that on or about May 7, 2019, Plaintiff noticed the shower leak in her apartment and contacted Defendants. Instead of fixing the leak, on May 22, 2019, Defendants told Plaintiff that there was a massive water leak from her apartment; that it had spread and damaged the gym below; and that they needed access to her apartment for remediation. Plaintiff alleges that on or about May 23, 2019, Plaintiff contacted Defendants to state her concern about the mold from the water leak and the asbestos that would be spread from the remediation. On the same day, Defendants contacted Plaintiff stating that they were opening up the wall in the wet bar again to check for the leak. On or about May 27, 2019, more than 20 days after Plaintiff reported the shower leak, Defendants finally hired another plumber to fix the shower. Further, Plaintiff alleges on or about May 30, 2019, Plaintiff contacted Defendants and told them they needed to check the apartment for mold and asbestos. Defendants hired someone to take samples for mold and asbestos, but the person refused to share the results with Plaintiff. On June 6, 2019, Defendants said the testing for mold and asbestos was fine but refused to share the results with Plaintiff. Between June 6, 2019 and July 11, 2019, despite Plaintiffs repeated requests for the testing results, Defendants refused to produce it. Plaintiff also alleges that on March 24, 2022, Plaintiff suffered an electric shock as she attempted to use the shower because Defendants had recklessly electrified the shower in violation of basic safety rules. On July 12, 2024, Defendants Cushman & Wakefield, Inc. and Pinnacle California Corp. dba Pinnacle Property Management Services California Corp. filed this motion to strike. On August 6, 2024, Plaintiff filed an opposition. On August 12, 2024, Defendants filed a reply. II. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1).) The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (Code Civ. Proc., § 436; Stafford v. Shultz (1954) 42 Cal.2d 767, 782.) III. DISCUSSION Meet and Confer Before filing a motion to strike, moving party is required to meet and confer with the party who filed the pleading that is subject to the motion to strike for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the motion to strike. (Code Civ. Proc., § 435.5.) The meet and confer requirements have been met. (Torrez Decl., ¶¶ 3-4.) Motion to Strike Defendants move to strike the allegations, references to, and the prayer for punitive damages, arguing that Plaintiff fails to allege any facts which would support a claim for punitive damages. To support a claim for punitive damages, a plaintiff must allege facts and circumstances showing conduct constituting malice, fraud or oppression.¿(Grieves v. Superior Court¿(1984) 157 Cal. App. 3d 159, 166.) Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (Civ. Code § 3294(c)(1).) Oppressive conduct is defined as despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of a persons rights. (Code Civ. Proc. § 3294(c).)¿¿ Despicable conduct is conduct which is so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people. Such conduct has been described as having the character of outrage frequently associated with crime. (Tomaselli v. Transamerica Ins. Co. (1994) 25 Cal.App.4th 1269, 1287.) To prove that a defendant acted with willful and conscious disregard of the rights or safety of others, it is not enough to prove negligence, gross negligence or even recklessness. (Dawes v. Superior Court (1980) 111 Cal. App. 3d 82, 87.) Rather, a plaintiff must allege facts demonstrating that the defendant acted in such an outrageous and reprehensible manner that the jury could infer that he [or she] knowingly disregarded the substantial certainty of injury to others. (Id. at 90). Moreover, a claim for punitive damages cannot be pleaded generally and allegations that a defendant acted "with oppression, fraud and malice" toward plaintiff are insufficient legal conclusions to show that the plaintiff is entitled to an award of punitive damages. (Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872.) Rather, specific factual allegations are required to support a claim for punitive damages. (Id.) An employer shall not be liable for punitive damages based on the acts of an employee, unless the employer had advance knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others or authorized or ratified the wrongful conduct for which damages are awarded, or was personally guilty of oppression, fraud, or malice. With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation. (Civ. Code, § 3294, subd. (b).) As an initial matter, Plaintiff argues that Defendants Motion to Strike must be denied because the Notice fails to quote in full the portions sought to be stricken. . . . California Rules of Court 3.1322(a) provides, [a] notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense. The notice seeks to strike the words: recklessly from paragraphs 30, 49; reckless disregard from paragraph 51; and Plaintiffs prayer for punitive damages. As such, the notice does quote the portions sought to be stricken. Next, the court agrees that the allegations do not rise to conduct constituting malice, oppression, or fraud. The complaint alleges that each time Plaintiff complained of the issues to Defendants, they came to repair the premises. Without further facts regarding the severity of the defective conditions, the Court declines to find that Defendants conduct was malicious. Plaintiff then complains of incidents of negligent repair, such as hiring workers whose work was not in compliance with the Building code, or who performed the work negligently, but those incidences only amount to negligence or at most gross negligence, which is not sufficient for punitive damages. Next, Plaintiff alleges Defendant fraudulently kept the mold results from Plaintiff. While Plaintiff does not plead in the complaint that Defendant fraudulent kept it from her (it is only pled that the person refused to share the results with Plaintiff), the court nevertheless notes that fraud must be pleaded specifically; general and conclusory allegations do not suffice. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645.). This particularity requirement necessitates pleading facts which show how, where, to whom, and by what means the alleged fraud occurred. (Id.) The complaint elsewhere alleges in a conclusory fashion that Defendants conduct was fraudulent but does not set forth any specific facts to support the elements for fraud. Lastly, the complaint does not plead any facts in support of punitive damages against a corporate defendant such as Defendants, as it is silent as to whether an officer, director or managing agent of Defendants had advance knowledge of an unfit employee and employed him or her with a conscious disregard of the rights or safety of others, or authorized or ratified the wrongful conduct or were personally guilty of malice. Therefore, the motion to strike is granted. Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The court will allow Plaintiff 20 days leave to amend. IV. CONCLUSION Based on the foregoing, Defendants motion to strike is GRANTED with 20 days leave to amend. Plaintiff is ordered to give notice.

Ruling

FCS057573 - PEREZ, HEIDI JUDITH VS BOOKER, WESLEY (DMS)

Aug 22, 2024 |FCS057573

FCS057573Motions for ContemptTENTATIVE RULING:Petitioner’s “motions” for contempt are denied.No affidavit of the facts constituting any contempt has been presented to thecourt. The filing of a sufficient affidavit is a jurisdictional prerequisite to acontempt proceeding. (Code Civ. Proc. § 1211(a); Koehler v. Superior Court(2010) 181 Cal.App.4th 1153, 1169; Oil Workers Int’l Union v. Superior Court(1951) 103 Cal.App.2d 512, 541.) Page 1 of 1

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SUMMONS + COMPLAINT June 18, 2013 (2024)
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