Simonoff vs. Chuze Fitness Franchises, Inc.

4. PRAYER FOR RELIEF (d.): “For punitive damages according to proof, as allowed by law, pursuant to Cal. Civ. Code section 3294” (Complaint at page 18, lines 4-5.)

5. PRAYER FOR RELIEF (f): “... and for reasonable attorneys’ fees to the extent allowable by statute and/or contractual agreement, according to proof” (Complaint at page 18, lines 8-9).

Initially, the Court notes the Opposition, filed 5/15/2026, is untimely. The Court will not consider it, as it should have been filed and served on 5/12/2026.

4th c/a for Gross Negligence: Gross negligence is pleaded by alleging the traditional elements of negligence: duty, breach, causation, and damages. (Jones v. Wells Fargo Bank (2003) 112 Cal.App.4th 1527, 1541, 5 Cal.Rptr.3d 835.) However, to set forth a claim for “gross negligence” the plaintiff must allege extreme conduct on the part of the defendant. (Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1185–1186, 7 Cal.Rptr.3d 552, 80 P.3d 656 (Eastburn).) The conduct alleged must rise to the level of “either a ‘ “ ‘want of even scant care’ ” ' or ‘ “ ‘an extreme departure from the ordinary standard of conduct.’ ” ' [Citations.]” (Santa Barbara, supra, 41 Cal.4th at p. 754, 62 Cal.Rptr.3d 527, 161 P.3d 1095, fn. omitted.) Rosencrans v. Dover Images, Ltd. (2011) 192 Cal.App.4th 1072, 1082.

Here, in the general allegations (which are incorporated by reference into the 4th cause of action), Plaintiff pleads that he was performing chest-supported weighted dumbbell rows with both arms and hands on the subject equipment when the equipment suffered a catastrophic structural failure. (Complaint¶31.) Plaintiff’s hands and finger became trapped and crushed between the equipment and the dumbbells. (Id.¶32.) Plaintiff alleges that the “bench was visibly broken after the incident, indicating a structural failure, such as a detached or broken component, rather than ordinary wear and tear or patron misuse.” (Id.33.)

Plaintiff pleads that “On information and belief, prior to Plaintiff’s injuries, other gym patrons and/or staff observed that the Subject Equipment was unstable, loose, wobbly, or otherwise in need of repair.” (Id.¶44.) Plaintiff pleads that Defendants employed people responsible for inspecting and maintaining equipment, but those people were “untrained, unqualified, and/or incompetent.” (Id.¶48.) Plaintiff also pleads that Defendants failed to employ written maintenance protocols, require staff to have certifications, etc. (Complaint¶49,) Plaintiff also pleads that Defendants “knew, or should have known, about the hazardous condition of the Subject Equipment, which should have been addressed by basic facility maintenance standards and safety obligations” (Complaint¶46.)

Although a bit general, to the extent these allegations are true (as established through discovery), a jury could determine that an extreme departure from ordinary standard of care occurred here. That is, if Defendants knew there was a wobbly bench being used by patrons, and failed to either remedy or warn the patrons of it, this could be deemed gross negligence.

Demurrer is OVERRULED. As to the Motion to Strike it is DENIED except as to Item 3 and 5 above, which is GRANTED with 20 days leave to amend. There is no basis for attorney’s fees pled in the Complaint. As to punitive damages, ¶51 is sufficient to put Defendants on notice of the claim against them and could warrant punitive damages, if true. Defendants to give notice

103 Nguyen vs. Orange County Transportation Authority

25-01484412 Motion to Be Relieved as Counsel of Record The unopposed motion of attorney Donald Dunham of the Law Offices of Dunham, Ramirez & Van LLP to be relieved as counsel for Plaintiff Tammy Banh Nguyen is GRANTED. Service on the client and on all other parties who have appeared in the case was proper and all required forms containing the requisite information were filed pursuant to California Rules of Court, rule 3.1362. The order will take effect once moving attorney files proof of service of the signed order (MC-053) on the client. Moving attorney to give notice.

104 Kinecta Federal Credit Union vs. Ogi

25-01509319 Motion to Set Aside/Vacate Default and Judgment Defendant, Jeffrey Masayuki Ogi, moves for an order setting aside and vacating the entry of default and