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2020.09.14 Motion to Compel Further Answers 116
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.14
Excerpt: ...vered; (2) an exercise of the party's option to produce writings; or (3) an objection to the particular interrogatory. (Cal Code Civ Proc § 2030.210(a)(1)‐(3).) The party propounding interrogatories may move for an order compelling a further response if the party deems that an objection to an interrogatory is without merit or too general. (Cal. Code Civ. Proc. §2030.300(a)(3).) Under Cal. Code Civ. Pro. §2030.300(c), unless notice of the mot...
2020.09.14 Motion for Summary Judgment, Adjudication 512
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.14
Excerpt: ...aintiff submitted a request for judicial notice, asking that the court take judicial notice of thirteen different court records, including orders, motions, and oppositions. Under Evidence Code §452(d), the court may take judicial notice of the records of any court of this state. Accordingly, the requests for judicial notice are granted. II. Procedural Requirements Plaintiff argues that Defendant's motion fails to conform to the procedural rules ...
2020.09.09 Motion for Leave to File Amended Complaint 176
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.09
Excerpt: ... to refuse permission to amend and where the refusal also result in a party being deprived of the right to assert a meritorious cause of action.” (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) The power of the courts to allow amendment of pleading is to be liberally exercised so that cases may be decided on their merits. (Desney v. Wilder (1956) 46 Cal.2d 715, 751.) Absent prejudice, delay alone is not ground for denial. (Higgins v. Del F...
2020.09.09 Motion for Judgment on the Pleadings 222
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.09
Excerpt: ... Cal.App.4th 1056, 1061.) The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice. (Id.) Breach of Contract The elements of a claim for breach of contract are “(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.” (Abdelhamid v. Fire Ins. Exchange (2010) 182 ...
2020.09.08 Motion for Protective Order 399
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.08
Excerpt: ...rring to protection as including “sensitive commercial information” and information containing “sensitive matter”; but see also Lipton v. Superior Court (Lawyers' Mut. Ins. Co.) (1996) 48 Cal.App.4th 1599, 1618 [declining to extend protection beyond “confidential business information”].) If “good cause” is shown, discovery of this information may be denied altogether or disclosure narrowly limited to certain persons for certain pu...
2020.09.08 Demurrer 475
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.08
Excerpt: ...Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the complaint fails to state a ...
2020.09.03 Motion to Compel Further Responses 282
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.03
Excerpt: ... defenses. Perez asserted objections that FR No. 15.1 is vague, ambiguous, overbroad, burdensome, harassing, oppressive and not reasonably calculated to lead to the discovery of admissible evidence. None of these objections are well‐taken. This interrogatory is standard, routine, and was approved by the Judicial Council. Perez also objected on grounds that FR No. 15.1 seeks information protected by the attorney client privilege, the attorney wo...
2020.09.02 Motion for Preliminary Injunction 430
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.09.02
Excerpt: ...te emergencies “to mitigate the effects of natural, manmade, or war‐caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state.” (Govt. C. § 8550.) This includes the powers to “make, amend, and rescind orders and regulations necessary to carry out the provisions...
2020.08.20 Motion to Strike 085
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.20
Excerpt: ...he general public to enjoin unfair or fraudulent business practices under Bus. & Prof. Code, §17200. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 14:226.1; Bus. & Prof. Code, §§17204, 17535.) The UCL now limits standing to sue to persons who have sustained “injury in fact and lost money or property as a result of such unfair competition.” (Bus. & Prof. Code, §17204, see In re Tobacco II Cases...
2020.08.20 Motion to Quash Subpoenas 237
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.20
Excerpt: .... Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546. However, there is a right of privacy. Article 1, section 1 of the California Constitution explicitly recognizes a right to privacy and California courts have recognized the right as supplying a qualified privilege to a discovery demand. “[T]he right to privacy protects the individual's reasonable expectation of privacy against a serious invasion.” Pioneer Electronics (USA), Inc. v...
2020.08.20 Motion to Compel Arbitration and Stay Action 259
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.20
Excerpt: ...xist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and ...
2020.08.20 Demurrer 085
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.20
Excerpt: ...a complaint do not include the presence or absence of separate counts stating separate causes of action. (See Code Civ Proc., §430.10.) The Legislative Committee Comments for this section mentions that, following the repeal of the former statutory Page 6 of 9 provision, improper joinder of causes of action is no longer a ground for objection. (Stats. 1971, c. 244, p. 383, §29, operative July 1, 1972.) Thus, Demurrer is overruled based on the re...
2020.08.19 Motion to Strike or Tax Costs 800
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.19
Excerpt: ...ncial elder abuse, the court must award plaintiff reasonable attorneys' fees and costs. (emphasis added.) This is a unilateral fee‐shifting provision under which fees may be awarded to a prevailing plaintiff but not a prevailing defendant in order to encourage the effective enforcement of an important public policy. (Wood v. Santa Monica Escrow Co. (2007) 151 Cal. App. 4th 1186, 1191.) Such unilateral fee‐shifting statutes reflect a considere...
2020.08.19 Motion to Seal Confidential and Proprietary Trial Exhibits, Trial Testimony 390
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.19
Excerpt: ...��19 shutdown, the court shutdown on 3/17/2020. A stipulation was filed and signed by the court extending the time in which to file the Motion to Seal. The Court had granted the Motion to Conditionally Seal pending the filing and ruling on this motion. The Motion to Seal is Granted in Part and DENIED in PART. The Request to seal as to Exhibits 305, 367 and 474, referred to as the 14D Reports is GRANTED, the Declaration of Fyie demonstrates that t...
2020.08.18 Petition to Compel Arbitration 609
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.18
Excerpt: ...CP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC rule 3.1330; see also Condee v. Longwood Mgmt. Corp....
2020.08.18 Motion for Protective Order 227
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.18
Excerpt: ...rade secret privilege. A party seeking a protective order restricting disclosure of trade secrets must provide an affidavit or declaration listing the declarant's qualifications to give an opinion, identifying the alleged trade secret, identifying the documents disclosing the trade secret and presenting evidence that the secret qualifies as a “trade secret.” (Evid. Code § § 1060‐1061; CCP § 2031.060(b)(5); Stadish v. Sup. Ct. (Southern C...
2020.08.18 Motion for Leave to File Amended Answer, for Protective Order 512
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.18
Excerpt: ...4. The fact that Defendants' Answer to Plaintiff's Fourth Amended Complaint was filed on July 22, 2016; and 5. The decision in California Court of Appeal, Fourth Appellate District, Division Two, in Roger v. County of Riverside (2020) 44 Cal.App.5th 510. Under Evidence Code §452(d), the court may take judicial notice of the records of any court of this state. Accordingly, the requests for judicial notice are GRANTED. II. Motion for Leave to Amen...
2020.08.17 Demurrer, Motion to Strike 103
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.17
Excerpt: ...and care, implementing interventions to avoid pressure sore development and worsening, and providing Miller with adequate and proper assistance with personal hygiene. (FAC ¶9.) The FAC further alleges that the hospital wrongfully withheld this care from Miller by repeatedly failing to administer this specific care to her. (FAC ¶10.) Under Sababin, this is enough to show neglect. Taking these allegations as true, as we must do at the demurrer st...
2020.08.13 Demurrer 806
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.13
Excerpt: ...ontends he did not have the opportunity to discover the facts until 2/23/18 as stated in his Complaint. The “discovery rule” is an exception to the general rule that an action accrues when appreciable harm occurs. (Fox v. Ethicon Endo‐Surgery (2005) 35 Cal.4th 797, 807.) The discovery rule only delays accrual until the plaintiff has, or should have, inquiry notice of the cause of action, i.e., “plaintiffs are required to conduct a reasona...
2020.08.12 Demurrer 580
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.12
Excerpt: ...misinterprets plaintiff's allegations. Defendants argue the Proposal itself contradicts plaintiff's allegation that he did not receive notice after the merger was completed, as required by the Corporations Code. Defendants contend the Proposal, which includes references to the Corporations Code, contradicts the allegation that plaintiff did not receive notice. Plaintiff's opposition is correct, however, that the Proposal was allegedly provided to...
2020.08.11 Demurrer 282
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.11
Excerpt: ...ourt of the purpose, historically, of demurring to an answer: A plaintiff moving for summary judgment had to disprove defendant's affirmative defenses, so plaintiff made sure, by way of demurrer, that those affirmative defenses were pled in very fact‐specific allegations. The summary judgment statute, however, was amended in 1992, eliminating this requirement. (Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554...
2020.08.05 Application to File Under Seal 580
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.08.05
Excerpt: ...terest that overcomes the right of public access to the record.” 2. Whether “[t]he overriding interest supports sealing the record.” 3. Whether “[a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.” 4. Whether “[t]he proposed sealing is narrowly tailored.” 5. That “[n]o less restrictive means exist to achieve the overriding interest.” Here, the defendants have set forth ...
2020.07.15 Demurrer, Motion to Compel Further Responses 588
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.15
Excerpt: ...nd mockingly criticize Plaintiff's work performance in cleaning hand rails and telling Plaintiff to use his other arm, despite him needing to use both arms in order to perform his job. Plaintiff alleges that the harassing behavior was pervasive for three fourths of the year; however, he does not allege what conduct, other than isolated incidents, went on for that long. Further, the examples provided all relate to criticism related to job performa...
2020.07.08 Motion to Tax Costs, for Attorney Fees 150
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.08
Excerpt: ...54.00 $ 0 Lodging $ 4,928.77 $ 0 Mileage $ 0 $ 1,599.41 Parking $ 0 $ 253.20 Uber $ 0 $ 900.67 Messenger fees $ 0 $ 149.39 $26,502.72 Unchallenged portions of the MOC: $ 6,545.17 $33,047.89 $23,543.24 Item No. 1 (Filing and Motion Fees): As to the “Brief Declaration” ($309.75), CDCR correctly argues that the reinstatement issue was not the focus of any disputed issue in this case, and therefore, was not necessary to this litigation. While Pla...
2020.07.06 Demurrer 809
Location: Riverside
Judge: Greene, Carol
Hearing Date: 2020.07.06
Excerpt: ...harming her son at the time the injection was being administered, but rather alleges that she was aware of the harmful effect of the excessive medication given to her son as she watched her son's “death spiral.” Nor does Plaintiff allege that the injury‐producing event was the hospital staff's negligent medical care after the administration of the medication and that she was aware her son was receiving inadequate remedial care. Plaintiff be...

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