Excerpt: ...ter, the Court agrees that State of California, in and of itself, is not a proper defendant as the State can only operate through its departments and agencies, each of which can be sued individually. (Greyhound Lines, Inc. v. Dept. of California Highway Patrol (2013) 213 Cal.App.4th 1129, 1134.) Accordingly, the demurrer to all claims in which the State of California, in and of itself, is SUSTAINED WITHOUT LEAVE TO AMEND. “To state a cause of a...

Excerpt: ...ment and failure to accommodate Plainti
¯'s disability, and while there are allegations that the disparate treatment created a hostile working, there is no claim that a facially neutral policy, for example, an across the board physical Þtness requirement, had an adverse impact on disability. Failure to accommodate requires a speciÞc inquiry into the speciÞc disability of the individual, and therefore by its very nature, constitutes disparate ...

Excerpt: ...d by the U.S. District Court for the Eastern District of California in Stoddartv. Express Services, Inc. d/b/a Express Employment Professionals, et al. Case 2:12-cv-01054-KJM-CKD. Plaintiff has not provided any evidence controverting the evidence provided by Defendant, does not dispute the fact of the Stoddart settlement, and while conceding that Plaintiff was a member of the Stoddart class action, Plaintiff disagrees as to whether the legal effe...

Excerpt: ...ectable to public discosure along with other court records that are subject to public disclosure. Accordingly, the motion to seal is GRANTED. Motion to Compel Further Discovery Responses from Defendant Foster Poultry Farms Plaintiff's Motion ot compel Further Discovery Responses is GRANTED. Request for Production of Documents No. 7 [All U.S. Department of Agriculture (USDA) reports about FACILITY, defined as the slaughterhouse and other processin...

Excerpt: ...establishing that this was an unusually complex or difficult case, hence the request for enhancement is DENIED. Defendant contends that the hourly rate charged by Plaintiffs' attorneys are excessive for Merced and should be reduced, but does not assert any specific entry is excessive or any specific amount of reduction. A review of the billing rate summary on Page 38 of the Declaration of Roger Kirnos in Support of Plaintiffs' Motion for Attorney...

Excerpt: ...the extent that Defendant contends that it cannot completely admit or completely deny that Defendant "collided with more than one vehicle at the time of the subject incident," Plaintiff is free to specify the portion of the request, if any, that she is willing to unambiguously admit, and deny the remainder of the request. The requirement that Defendant provide a response to a request for admission that unambiguously admits or denies a fact does n...

Excerpt: ...the actual Second Amended Complaint was not filed with the Court until December 14, 2023, apparently due to inadvertence, and the demurer and motion to strike were continued to this date for that reason. Since the Second Amended Complaint was clearly timely served on Defendant, the Court exercises its discretion to rule on the merits of matters briefed by the parties notwithstanding the late filing of the Second Amended Complaint with the Court. ...

Excerpt: ...ed to cause unnecessary delay, and are not made in good faith or with a good faith belief that grounds for disqualification exist under the laws of the State of California. (Exhibit A to Defendants' Request for Judicial Notice [Order re Plaintiff's [Cyrus John Nownejadl Motion to Disqualify Ricky Wallace, Esq. and his law firm from representing Lenore Wilson as Trustee of the Wilson Charles & Lenore 2015 Rewcable Living Trust incorrectly named as...

Excerpt: ...Defendant PHH Mortgage to the Complaint's First Cause of Action for Breach of Contract is SUSTAINED WITH LEAVE TO AMEND to plead around the statute of limitations. The alleged breach of the Homeowner Bill of Rights based on the claim that after approval of a Trial Period Plan on November 17, 2017, Defendant violated the Homeowner Bill of Rights by failing to offer a permenant loan modification following completion of the Trial Period Plan on Febr...

Excerpt: ... in the amount of $500 to Plaintiff on or before February 16, 2023. The Motion for Sanctions is otherwise, DENIED. Motion to Compel Response and Production of Documents by Defendant Kuo-Chen Liao and for Monetary Sanctions The Unopposed Moton to Compel Response to Request for Production of Documents and Production of Documents by Defendant Kuo-Chan Liao and for Monetary Sanctions of $997.50 against Defendant Kuo-Chan Liao and its counsel, Cyril L...

Excerpt: ...he discovery of admissible evidence, overbroad, unduly burdensome, private, personal, business, conÞden
Ÿal proprietary, and/or trade secret informa
Ÿon are OVERRULED and documents withheld solely on the basis of one or more of those objec
Ÿons shall be produced, subject to an appropriate protec
Ÿve order where applicable. For purposes of assis
Ÿng the par
Ÿes in any further meet and confer, the term “Facility” shall mean the slaughter...

Excerpt: ...ed to cause unnecessary delay, and are not made in good faith or with a good faith belief that grounds for disqualification exist under the laws of the State of California. (Exhibit A to Defendants' Request for Judicial Notice [Order re Plaintiff's [Cyrus John Nownejadl Motion to Disqualify Ricky Wallace, Esq. and his law firm from representing Lenore Wilson as Trustee of the Wilson Charles & Lenore 2015 Rewcable Living Trust incorrectly named as...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ... the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entties. Instead Defendant argue...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: .... The Motion for Summary Judgment by Defendant Freewill Baptist Church was not granted on September 15, 2023 solely because Requests for Admission were Deemed Admitted, but because the Court found that the evidence presented by Plaintiff failed to establish a triable issue of material fact as to whether Defendant Harris was acting within the course and scope of his employment at the time of the accident, despite have received a continuance pursua...

Excerpt: ...ed to lead to the discovery of admissible evidence OVERRULED with regards to Requests 1, 2, 3, 7, 8, 9, 12, 18, 19, 20, 21, 22 and SUSTAINED with regard to 28, 29, 32,33, 44, 45, 64, 65, 66, 57, 79, 80, 89, 91, 92, 101, 111, 112, 115, 116, 117, and 118. Defendant's objection on the grounds of burdensome and oppressive are SUSTAINED and while Defendant is ordered to provide a supplemental response without the objections overruled above, Defendant ...

Excerpt: ...D SUBJECT TO INSPECTION OF VISUAL AIDS PRIOR TO COMMENCEMENT OF OPENING STATEMENT AND WITHOUT PREJUDICE TO OBJECTION TO SPECIFIC VISUAL AID, The following tentative rulings shall become the ruling of the court unless a party gives notce of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4.•CK) p.m. of your intent to appear. Per Cali...

Excerpt: ...ntil the last possible date. Plaintiff contends that the discovery is intended to harass and interfere with trial preparation, and Defendant contends it is their right to do so. Plaintiff, on the other hand, seeks to avoid providing any information whatsoever, relying on technical objections, some of which have merit, and a number of other objections that do not have merit. The Court is thus left with duty to weigh the equities, on the one hand t...

Excerpt: ...sed against defendant's counsel in the amount of $850.W, payable by December 13, 2023. The prevailing party is directed to prepare a written order consistent with the Court's ruling and provide a copy to opposing party/counsel for comment as required by California Rules of Court, rule 3.1312. The order is to be submitted by electronic filing to Hon. Brian L. McCabe. Motion to Compel Responses to Its Special Interrogatories Set One from Defendant ...

Excerpt: ... Action for Intentional Infliction of Emotional Distress; Tenth Cause of Acton for Fraud and Deceit; and Eleventh Cause of Acton for Writ of Mandate contained therein are OVERRULED. For purposes of the instant Demurrers, the allegations of the First Amended Complaint and all reasonable inferences that can be taken therefrom are assumed to be true and various representations of fact in the pending demurrers and joinders thereto are mere argument c...

Excerpt: ...d spill in the chemical aisle prior to the slip and fall, but then left the chemical aisle to help another customer find a product in the candy aisle." Defendant's objections to this testimony are OVERRULED. There is no lack of foundation, as Plaintiff personally heard the alleged statement by Walmart employee Benjamin Vilalovos. The statement is not hearsay, as it is offered to establish knowledge of a fact, the alleged spill, not the truth of t...

Excerpt: ... July 12, 2023 seeking to reschedule the instant demurrer because the very agencies that had not been named as parties to this action were negotiating a potential reopen of the fishway, and that it is possible that this will lead to an agreement which moots the prayers for relief. It is also possible that an agreement will not be made and this litigation must continue." Clearly, if the litigation is going to continue because one or more of the ag...