Excerpt: ...mmary Judgment by Defendants PHH Mortgage Corporation, successor in interest by merger to Ocwen Loan Servicing LLC, U.S. National Bank Association, as Trustee for the CMLTI Asset -Backed -Pass -Through Certificates, Serie 2007 -AMC4 and Western Progressive LLC (collectively “Defendants”), or, in the alternative, Summary Adjudication that the First, Second, Third, Fourth, Fifth, and Sixth Causes of Action are without merit is GRANTED. Defenda...

Excerpt: ...le E. Silver a was operating a motor vehicle within the course and scope of her employment with Defendant Pacific Native Hardwood, Inc. (i.e. respondeat superior) and (3) that Defendant Pacific Native Hardwoods, Inc. knew or should have known that Defendant Camille E. Silvera was unfit and unqualified to operate its motor vehicle (i.e. negligent entrustment). For purposes of summary adjudication, personal liability for ones own action, respon...

Excerpt: ...tablis h a prima facie case that Defendants are entitled to judgment as a matter of law. This shifts the burden to Plaintiff to offer admissible evidence that establishes a triable issue of material fact. Plaintiff concedes that Facts 2, 3, 5 -10, 12 -15, 17 -19 , 23 -24, 26 -27, 30 -31, 36 - 37, 39, 43 -44, and 48 -49 are undisputed. Plaintiff purports to dispute Facts 1, 4, 11, 16, 20, 21, 22, 25, 28, 29, 32, 33, 34, 35, 38, 40, 41, 42, 45, 46,...

Excerpt: ...he sporting the ory of litigation—namely, surprise at trial.' ” (Williams v. Volkswagen Aktiengesellschaft (1986) 180 Cal.App.3d 1244, 1254 [quoting Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 376].) At issue in this motion is whether party may initiate a tri al by ambush, but escape the consequences by demanding mandatory relief under Code of Civil Procedure § 473(b). Defendant asserts that monetary sanctions were more appropria...

Excerpt: ...referenced in the Petition for Appointment of Probate Conservator of the Person and Estate filed by SHARON MORRIS on or about April 5, 2023 Merced Superior Court Case No. 23PR -00123) is a person who is substantially unable to manage his own financial resources as defined b y Probate Code 1801(b) which reads as follows: “A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial ...

Excerpt: ...rt may t ake judicial notice of the fact of the document's recordation, the date it was recorded and executed, the parties to the transaction reflected in the document, and the document's legally operative language, assuming no genuine dispute on the document's authenticity. (Fontenot v. Wells Fargo Bank (2011) 198 Cal.App.4th 256, 264 -265.) Here, the Court takes judicial notice of the fact that plaintiff in this unlawful detainer action is not...

Excerpt: ...thin fiv e years after the action is commenced, the five year statute is not firm or absolute, but qualified. Code of Civil Procedure section 583.340 provides three conditions which “shall be excluded” from the computation of time to which the mandatory dismissal is required if the matter is not brought to trial: (a) the Jurisdiction of the Court to try the action was stayed; (b) prosecution of the trial was stayed or enjoined; and (c) br...

Excerpt: ... to the Þrst and only cause of action therein is SUSTAINED WITH LEAVE TO AMEND. While Cal. Ins. Code § 1817.7(g)(4) provides that if an IFPA realtor “planned and initiated the violation,” the realtor “shall be dismissed from the civil action and shall not receive any share of the proceeds of the action” may provide an a
¯irmative defense to Defendants, this Court cannot currently determine from the face of the complaint or matters of w...

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: ...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 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...