Excerpt: ...planation: Defendants Saqib Rashid, M.D. and Juan G. Chavez, M.D. move independently for summary judgment of plaintiff Debbie Frabotta's complaint alleging a cause of action for Medical Malpractice and Wrongful Death related to the medical care provided by each to d ecedent Michael Frabotta on June 29, 2021 and June 30, 2021. As the moving parties, defendants bear the initial burden of proof to show that plaintiff cannot establish one or more ele...

Excerpt: ... days of the date of service of this order. Explanation: This motion is procedurally deficient. Defendants Veer Hospitality, LLC, Himanshu Sarvaiya, Jenita Sarvaiya and NSR Hotels (“moving defendants”) filed this motion on February 26, 2024, seeking relief, in part, pursuant to section 2031.060 of the Code of Civil Procedure.2 Moving defendants specifically condition relief upon the outcome of their motion to consolidate. (Mot. at p. 5:4 -...

Excerpt: ...violations of the Labor Code allegedly experienced individually, violations of California's Unfair Competition Law (Bus & Prof. Code § 17200, et seq.), and a representative PAGA action. The complaint's causes of action for Labor Code violations are not plead or brou ght as a class action. The parties reached a settlement of the PAGA claim for which they seek court approval. The court previously denied approval of the settlement on January 3, 202...

Excerpt: ...tion of Santé Physic ians IPA Medical Corp.'s (“Santé”) affirmative defenses: statute of limitations, laches, unclean hands, waiver, estoppel, failure to state a cause of action, lack of specificity, and failure to mitigate damages. (Code Civ. Proc., § 437c, sud. (f)(1).) To deny Santé's motion for summary judgment. (Code Civ. Proc., § 437c, subd. (c).) Explanation: In this action plaintiff Fresno Community Hospital & Medical Center sue...

Excerpt: ...ich is “subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlem ent of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

Excerpt: ...ich is “subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlem ent of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

Excerpt: ...h states in p ertinent part: When an application for an order has been made to a judge, or to a court, and … granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based on new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, o...

Excerpt: ...er by the clerk. A ll new allegations in the amended complaint are to be set in boldface type. Explanation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading ….” (Code Civ. Proc. § 473, subd. (a); see also, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776 -777; Mabie v. Hyatt ...

Excerpt: ...ich is “subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlem ent of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

Excerpt: ...il Proc edure section 874.010 provides that the costs of a partition action can include the reasonable attorney's fees incurred for the common benefit. (Code Civ. Proc., § 874.010, subd. (a).) Code of Civil Procedure section 874.040 provides for apportionment of costs in a partition action. It requires the court to apportion costs in proportion to the parties' respective interests in the property or “as may be equitable.” (Code Civ. Proc., ...

Excerpt: ...ich is “subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlem ent of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

Excerpt: ...ave to am end. Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC (“D efendant”) demurs to the fifth cause of action, for fraudulent concealment of the Third Amended Complaint (“TAC”) by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (co...

Excerpt: ...he demurr er to the answer. Explanation: Demurrer to Cross -Complaint A demurrer challenges defects apparent from the face of the pleading and matters subject to judicial notice. (Blank v. Kirwan (1985) 30 Cal.3d 311, 318; Code Civ. Proc., § 422.10 [“The pleadings a llowed in civil actions are complaints, demurrers, answers, and cross -complaints.”].) In determining a pleading is sufficient to withstand a demurrer, the court is guided by the...

Excerpt: ... class is defi ned as “all current and former hourlypaid or non- exempt employees of Defendants within the State of California at any time during the period from four years preceding the filing of this Complaint to final judgment.” (Complaint, ¶ 13.) Defendant now seeks a n order compelling plaintiff to private arbitration of her individual claims, and dismissal of the class claims. In moving to compel arbitration, defendants must prove b...

Excerpt: ...tiff SPI Solar, Inc. (“Plaintiff”) as to each of the four causes of action for: (1) breach of contract; (2) specific performance; (3) injunctive relief; and (4) declaratory relief. Defendant demurs on the grounds of failure to state sufficient facts to support a cause of action. The Complaint relies on an industrial/commercial tenant lease, which housed a purchase option for a period between September 15, 2019, and June 30, 2022. In determin...

Excerpt: ...res ar bitration of two issues: (1) whether the insured is entitled to recover against the uninsured motorist and (2) if so, the amount of the damages. (Freeman v. State Far, Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 480.) The arbitration provision of Insurance C ode section 11580.2 governs both uninsured (UI) and underinsured claims (UIM). (Chrisman v. Superior Court (1987) 191 Cal.App.3d 1465, 1470.) Here the insurance policy at issue provides,...

Excerpt: ...ursuant to Code of Civil Procedure section 1281.982. Defendants oppose on two grounds: the Federal Arbitration Act (“FAA”) governs the arbitration agreement, and precludes the application of the state statute due to preemption; and should the court find no preemption , defendants are not in material breach of the arbitration agreement. Code of Civil Procedure section 1281.98 provides, in pertinent part: In an employment or consumer arbitrati...

Excerpt: ...ays afte r the responses in question, or any supplemental responses, were served, unless the parties agree in writing to extend the time. (Code Civ. Proc., § 2030.300, subd. (c) — Interrogatories; 2033.290, subd. (c) —Admissions; 2031.310, subd. (c) —Inspection Demand s.) Delaying in filing the motion beyond the 45 -day time limit waives the right to compel a further response to the discovery. This time is mandatory and jurisdictional, an...

Excerpt: ...order by the clerk, plaintiff Jovanna Alford shall serve objection - free responses to the Supplemental Interrogatory and Supplemental Demand for Production. To grant sanctions against plaintiff, Jovanna Alford, and her counsel, Franz Criego, jointly and severally , in the amount of $480.00, to be paid within twenty (20) calendar days from the date of service of the minute order by the clerk. Explanation: Motion to Compel Supplemental interrogato...

Excerpt: ...ich is “subject t o trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Lab. Code, § 2699, subd. (l)(2) [“The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”]) The...

Excerpt: ...rectly contrac ted, Sovena also sues Kathy Biggs (“Kathy”), Patrick Biggs (“Patrick”) and Tank Construction & Engineering, Inc. (“TCE”) for: (1) Breach of Written Contract, (2) Breach of Express Warranty and (3) Rescission. Patrick now moves for summary judgment. Patric k shows, and Sovena does not dispute, that for direct liability each cause of action requires privity of contract, which does not exist here because Patrick was not a ...

Excerpt: ...intiff shall serv e and file its first amended complaint within 10 days of the date of service of this order. To grant cross -complainant's motion for leave to file a first amended crosscomplaint. (Code Civ. Proc. § 473.) Cross -complainant shall serve and file its first ame nded cross-complaint within 10 days of the service of this order. Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in further...

Excerpt: ...mmon law or judicially declared forms of liability for public entities, except for such liability as may be required by the federal or state Constitution. Thus, in the absence of some constitutional requirement, public entities may be liable only if a statute declares them to be liable. Moreover, under subdivision (b) of section 815, the immunity provisions of the California Tort Claims Act will generally prevail over any liabilities established ...

Excerpt: ....290(b), 2031.300(b).) Defendant is ordered to serve complete verified responses to all discovery set forth above, without objection, within 20 days of the clerk's service of the minute order. To impose monetary sanctions in favor of Plaintiff Star Properties, LLC, and against Defendant Ali Baba G and H, Inc. (Code Civ. Proc. §§ 2023.010 (d), 2030.290 (c), 2031.300(c).) Defendant is ordered to pay $1,815.00 in sanctions to Tomassian, Pimentel ...

Excerpt: ...rate.” (G arlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) “Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute.” (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant Kia America, Inc. moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail installment sales cont...