Excerpt: ... its documents in support of or in opposition to the motion [for class certification] must be filed.” (Cabrini v. Superior Court (1994) 26 Cal.App.4th 239, 244.) While there is merit to Defendant's contentions that some discovery requests were unartfully drafted or contained provisions barred by the discovery rules, the remedy is to provide appropriate responses to the portion of a request that seeks legitimate discovery and refuse to provide r...

Excerpt: ... complies or orders declaring matter admitted or established if answers are not received. It is only when a party persists in disobeying the court's orders that the ultimate doomsday sanctions of dismissing the action is justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. Of New York, Inc. (2016) 246 Cal.App.4th 566, 604; Siry Investments, L.P. v. Farkhondepour (2020) 45 Cal.App.5th 1098, 1117 [disc...

Excerpt: ...fendant Travelers Property Casualty Company contends that Plaintiff has failed to establish a prima facie case that it is entitled to judgment as a matter of law because proposed undisputed facts are not supported by admissible evidence, and that an exclusion for professional services contained in the subject policy precludes coverage because there is a triable issue of material fact as to whether Plaintiff Architectural Firm Bunton, Clifford & A...

Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. Motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust. ‘ The motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust is GRANTED. First, the Complaint's first cause of action for Dangerous Condition on Public Properly Pursuant to Government Code § 835 does not establish a clai...

Excerpt: ...cordance with Code of Civil Procedure sections 2023.030(a) and 2033.280(b), the Court imposes a monetary sanction in the amount of $355.00 against defendant Florence Manning which is due and payable to plaintiff ten days after notice of The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2...

Excerpt: ...the first, second, and sixth causes of action of the complaint by Bernards Bros, Inc. in Case 19CV‐03817 is DENIED. Defendants fail to provide admissible evidence establishing a prima facie case that they are entitled to judgment as a matter of law. Even if Defendants were deemed to have established a prima face case, Bernards Bros., Inc, has established triable issues of material fact with regard to each ground on which summary judgment or sum...

Excerpt: ...fendant Travelers Property Casualty Company contends that Plaintiff has failed to establish a prima facie case that it is entitled to judgment as a matter of law because proposed undisputed facts are not supported by admissible evidence, and that an exclusion for professional services contained in the subject policy precludes coverage because there is a triable issue of material fact as to whether Plaintiff Architectural Firm Bunton, Clifford & A...

Excerpt: ...‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. To limit the spread of the COVID‐19 virus, the court encourages remote hearings by telephone or video. Parties who contest the tentative ruling or wish to appear remotely must contact the cl...

Excerpt: ...nt cause of the accident does not entitle Defendant to judgment as a matter of law because California is a comparative negligence state and even though a jury might find Plaintiff to be 99% or 100% at fault, the degree of Plaintiff's comparative fault is a triable issue of material fact. Defendant's Undisputed Facts Numbers 1‐7 are supported by admissible evidence and establish a prima facie case that Defendant is entitled to judgment as a matt...

Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...

Excerpt: ...tion. Accordingly, leave to amend would appear to be futile. This court therefore SUSTAINS the Demurrer to the Third Amended Complaint WITHOUT LEAVE TO AMEND. Under White v. Square, Inc. (2019) 7 Cal.5th 1019, a person intending to use web based services who encounters a facially neutral term of service that bars some categories of transactions but not others, does not have standing to pursue intentional discrimination claim based on allegations ...

Excerpt: ...tion. Accordingly, leave to amend would appear to be futile. This court therefore SUSTAINS the Demurrer to the Third Amended Complaint WITHOUT LEAVE TO AMEND. Under White v. Square, Inc. (2019) 7 Cal.5th 1019, a person intending to use web based services who encounters a facially neutral term of service that bars some categories of transactions but not others, does not have standing to pursue intentional discrimination claim based on allegations ...

Excerpt: ...nce that establishes a prima facie case that Defendant Apple, Inc. is entitled to judgment as a matter of law. This shifts the burden of proof to Plaintiff to establish a triable issue of material fact. The essence of Plaintiff's opposition is that Defendant failed to accommodate Plaintiff's disability because Plaintiff was unable to perform the duties of the job she was hired to perform, even with reasonable accommodations because she suffered e...

Excerpt: ...ing information from discovery is asserted, the party asserting such privilege, work product or other grounds for withholding documents or information from discovery will be barred from offering such documents or information, or testimony about such documents or information, at trial. That motion is GRANTED. Any party is free to waive privilege, work product, or other basis for withholding information from discovery; however, to the extent that a...

Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...

Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. If there is any objection to this tentative ruling, this motion is continued on the court's own motion to Friday, September 11, 2020 at 8:15 a.m. in Courtroom 8. Motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust. The motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust is...

Excerpt: ...s of action for (1) Inverse Condemnation against Merced Irrigation District, (2) Negligent Maintenance against Merced Irrigation District, (3) Dangerous Condition on Property against Merced Irrigation District, (4) Nuisance against Merced Irrigation District, (5) Breach of Contract against the Ransom Piro Construction and Development Defendants, (6) Violations of Civil Code § 895 against the Ransom Piro Construction and Development Defendants, (...

Excerpt: ...isting order are not being obeyed. The appropriate remedy for any violation of the existing restraining order is to report such violation to the police. If, in January of 2021, Respondent wishes to extend the terms of the restraining order, she may file an application for renewal on or before the existing order expires on February 26, 2021. Since there is no action for the court to take at this time, the Petition to Modify is DISMISSED. If there ...

Excerpt: ...se the plaintiff lacks mental competence allegedly as a result of a traumatic brain injury suffered as a result of the incident giving rise to this action. Consequently, the Guardian Ad Litem lacks personal knowledge of many facts that a typical competent plaintiff could testify to based on the Plaintiff's own personal knowledge. When receiving discovery requests, the Guardian Ad Litem has an obligation to conduct a diligent search and make reaso...

Excerpt: ...t Defendant's Motion to Quash Plaintiff's Subpoena for Business Records filed by Defendant Foster Poultry Farms. The stay appears to apply only to this court's June 29, 2020 order and not to other matters pending in this case. In this motion for sanctions by Defendant Foster Poultry Farms, to which Defendant Dan Huber joins, Defendants seek an order, pursuant to CCP § 2023.010(g) either (a) an order dismissing Plaintiff Curtis LaClaire's Second ...

Excerpt: ...closes the expert who prepared the existing Defense Cost of Repair Allocation, all reports by that expert, including the subject Defense Cost of Repair Allocations must be produced. If Bernard Bros., Inc. discloses a different expert for Cost of Repair Allocations, then the subject report will remain privileged, and the new report of the designated expert will be produced in accordance with normal expert discovery rules. If Bernard Bros., Inc. do...

Excerpt: ...uses of action arising out of the refusal of Merced Irrigation District to sell water to Cross‐Complainants between two lawsuits, Case 19CV‐02453 in which CrossComplainants brought a Verified Petition for Peremptory Writ of Mandate to compel the sale of water that had been allegedly denied for not being in the best interest of Merced Irrigation District, and this action, Case 19CV‐03470, in which they seek damages for the both the original ...

Excerpt: ...yment contract with Apple to maintain an office in their home that meets specified requirements, but who are not reimbursed for the expense of such home office. The complaint seeks damages and reimbursement for the expenses incurred by members of the class in maintaining the home office. Thus, inspection of Plaintiff's home, and the home office within it, is reasonably calculated to lead to the discovery of admissible evidence as to the appropria...

Excerpt: ...xist. Accordingly, there are triable issues of material fact with regard to Facts 3, 4, 5, 6 and Additional Disputed Fact F. Plaintiff's lay opinion that the floor was excessive slippery, an issue within the scope of her day to day experience, is based on her percipient observation of the floor and is admissible evidence that the floor was excessively slippery. ...

Excerpt: ...unts terminated on the basis of their occupation without evidence that they engaged in a transaction prohibited by the terms of service. An intentional discrimination claim cannot be based on an arbitrary termination of services based on an algorithm absent allegations that such algorithm uses a protected classification as a criteria for the termination of services. Absent the allegation that a protected class criteria is applied, an algorithmic ...