Excerpt: ...dgment is denied. Defendant's alternative motion for summary adjudication is granted and denied as follows: The motion for summary adjudication is denied as to issue 1 (ability to perform essential job functions), issue 2 (legitimate reason) and issue 3 (failure to engage in interactive process). Defendant does not deny that it previously modified plaintiffs work structure because of plaintiffs disabilities. (Amended Complaint, par. 21; Pfeilschi...

Excerpt: ...notice of Exhibit 1 (Plaintiff's Complaint) in the Weglarz Declaration. The Court considered Exhibit 2 (Plaintiff's Responses to Defendant's Special Interrogatories, Set One), Exhibit 3 (Plaintiff's Responses to Standard Asbestos Case Interrogatories), Exhibit 4 (Plaintiff's Deposition, June 7, 2023), Exhibit 5 (Plaintiff's Deposition, Aug. 30, 2017, Taken in Case No. CGC-15-276397), and Exhibit 6 (Plaintiff's Deposition, Nov. 7, 1996, Taken in C...

Excerpt: ...Award Based On Failure To Post Bond Or Undertaking Respondent Gerona's mo
Ÿon to dismiss is granted. As this court already ruled in its order of July 21, 2023, the bond requirement is mandatory and jurisdic
Ÿonal. (Palagin v. Paniagua Construc
Ÿon Inc. (2013) 222 Cal.App.4th 124, 140.) Gerona is therefore en
Ÿtled to a dismissal. (Id.; Labor Code sec. 98.2(b); Burkes v. Robertson (2018) 26 Cal.App.5th 334, 347, fn 10 ["a necessary consequence...

Excerpt: ...To Requests For Production Of Dcmaments And Tangible Things, Production Of Documents And Request For Monetary Sanctions. Pro Tem Judge Aaron Minnis, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judg...

Excerpt: .... The court has nevertheless reviewed the moving papers and the opposition filed July 5, 2023 which includes documents plaintiff apparently contends supports his allegations. In particular, the court has reviewed the July opposition for evidence that Protacio was operating within the course and scope of his employment with the defendant Regents. His employment consisted of working as an HR employment lead at USFC Health, and his duties consisted ...

Excerpt: ...fendant Comcast to address the noise emanating from a vault cover near plaintiffs residence. Plaintiff alleges that when a vehicle runs over the vault cover, it make an extremely loud noise. 1. Comcast asserts that plaintiff is a vexatious litigant and has not posted the required security. If this is so, the court questions why a motion based on that failure has not been made. See CCP 391.4 (dismissal for failure to furnish security). This does n...

Excerpt: ...validity of fts claim. (CCP 512.060(a)(1).) Defendant's hearsay objection to the Motosko declaration is sustained. (Opposition 8:15-25.) That is the only evidence that supports this application. The declaration is based on 'company records," but there is no showing that they are business records excepted from the hearsay rule. (Evidence Code sec. 1271 ["Evidence of a wrting made as a record of an act, condition, or event is not made inadmissible ...

Excerpt: ...et forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this moton. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the ...

Excerpt: ...r Declaration. The Court sustains Plaintiffs' objections to Paragraphs 4 and 5 of the Htnver Declaration on hearsay grounds. As such, the Court did not consider Undisputed Material Facts Nos. 6 and 7 in Defendant's Separate Statement of undisputed Material Facts, which rely on Paragraphs 4 and 5 of the Hoover Declaration as evidentiary support. Defendant fails to sustain its initial burden of showing that Plaintiff does not possess, and cannot re...

Excerpt: ...o not suffice." (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1614.) To satisfy '"[t]his particularity requirement,"' a plaintiff must plead facts that show "how, when, where, to whom, and by what means the representations were tendered." (Lazar, supra, 12 Cal.4th at 645.) Here, plaintiff does not meet the heightened pleading requirement. For example, Paragraph 19 does ...

Excerpt: ...Cal. Rule Of Court 2.551; (2) Plaintiffs' Application Pursuant To Code Provision 2031.285, and (3) Defendant Glydways, Inc.'s Cross-Motion to Disqualify Plaintiff's Counsel. Plaintiff's rule 2.551 application, which is unopposed, is GRANTED. On Plaintiff's application under section 2031.285 of the Code of Civil Procedure, the court finds the subject document is privileged. The court finds that Plaintiffs did not establish a waiver of the privileg...

Excerpt: ...ff's Application To Amend Abstract Of Judgment With Defendant's Alias (CCP Sec 680.135), for which no opposition has been filed, is DENIED. Plaintiff seeks to amend the abstract of judgment to add "Light Mary J Trust," which plaintiff identifies as a revocable trust. Section 680.135 is limited to adding to judgments "aliases" of known debtors. In this context, an alias is a name by which the natural person who is the debtor is or has been known a...

Excerpt: ...dba Rightworks Insurance Services's mo
Ÿon for relief under Code of Civil Procedure sec
Ÿon 473, which is unopposed in substance, is GRANTED. Good cause appearing, moving party is relieved from the s
Ÿpulated deadline to Þle a Mo
Ÿon to Compel Community Loans to Supplement Its Responses to Requests for Produc
Ÿon of Documents, Set One, and any such mo
Ÿon Þled before August 31, 2023, shall be deemed
Ÿmely. The court is aware of the disp...

Excerpt: ...tiffs Claim For Writ Of Mandate Against The Commissioner Of The California Department Of Insurance The "motion to sever plaintiff's claim for writ of mandate against the Commissioner of the California Department of Insurance" is granted. Joining a writ action against the insurance commissioner to a bad faith case against an insurer is a recurring tactic by this plaintiffs' counsel. (Memo. 3:3-5:15.) The tactic has been rejected by severance four ...

Excerpt: ...s. Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who ...

Excerpt: ...Motion: Exhibit A (Decedent's Personal Injury Complaint); Exhibit B (Plaintiffs' Wrongful Death Complaint); and Exhibit C (Amendment to First Amended Wrongful Death Complaint to Substitute Defendant's True Name for Does 2 and 254). The Court considered Exhibits D through K in Defendant's Index of Evidence in Support of the Motion. The Court declines to rule on Defendant's objections to Decedent's deposition submitted in Plaintiffs' opposing evide...

Excerpt: ...ce Highman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with t...

Excerpt: ...hman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this mo
Ÿon. Prior to the hearing all par
Ÿes to the mo
Ÿon will be asked to sign a s
Ÿpula
Ÿon agreeing that the mo
Ÿon may be heard by the Pro Tem Judge. If all par
Ÿes to the mo
Ÿon sign the s
Ÿpula
Ÿon, the hearing will proceed before the Judge Pro Tem who will decide the mo
Ÿon w...

Excerpt: ...dge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the moti...

Excerpt: ...INATING SANCTIONS, STRIKING DEFENDANTS ANSWER AND ENTERING DEFAULT; REQUEST FOR MONETARY SANCTIONS OF $1,572.95; Pro Tem Judge Scott Borrowman, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the moton may be heard by the Pro Tem Judge. If ...

Excerpt: ...ing whether an action is a SLAPP. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim." (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) This action arises from an uninsured motorist arbitration...

Excerpt: ...Partners, LLC, TurbineOne, LLC, and Matthew Amacker's (collectively "SEP") motion for summary adjudication is denied. SEP presents some new evidence that was unavailable at the time the court originally heard this motion, e.g., testimony of cross-complainant's PMQ witness, amended/supplemental discovery response, and the declaration of Mr. Camp. Therefore SEP may renew the motion under CCP secs. 1008(b) and 437c(f)(2). *The Court's full and compl...

Excerpt: ... of fault was prov-ded, relief is discretionary and must be based on a showing of "mistake, inadvertence, surprise, or excusable neglect." (CCP 473(b).) The party moving for relief on the basis of "mistake, inadvertence, surprise, or excusable neglect" must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410, 135 [defendant's burden to demonstrate "that due to some mi...

Excerpt: ...c)(1).) Plaintiffs appealed and lost again. Defendants' motion for appellate fees and costs is adjudged as follows. First, as to hourly rates, the 7/29/21 Order's findings are adopted; in sum: "The hourly rates that defendants were charged were $330 for partners, $255 for associates and $170 for legal assistants, which the Court finds to be reasonable." (ld. at 3:9-10.) Second, defense counsels' hours worked on the appeal are also reasonable. Pla...

Excerpt: ... or ordered to be paid by the probate court, and the complaint defects are incurable. Plaintiff argues that defendants agreed to seek the attorneys' fees in probate court but have not done so in over two years. (Opp., 5:8-9.) Plaintiff also argues that defendant Trammell agreed to advance out of pocket expenses. (See Cmplnt. at p. 3.) Each cause of action refers to the $3,500 in costs for court reporter fees, that is still outstanding, in additio...