Excerpt: ...unsel engaged in a “serious e
¯ort at negotiation and informal resolution” that amounted to a su
¯icient “attempt to talk the matter over, compare their views, consult, and deliberate.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Rather than engaging in a meaningful attempt to informally resolve the dispute regarding each discovery request for which Plainti
¯ seeks...

Excerpt: ...ked by a horse. Request for Judicial Notice. The court takes judicial notice of the complaint Plaintiff filed against JACKSON in this county in case CU23-03078, alleging wage and hour violations, as a record of a court of this state. (Evid. Code, S 452, subd. (db.) Legal Standard. A defendant may move for judgment on the pleadings on the basis that the complaint against him does not state facts sufficient to constitute a cause of action. (Code Ci...

Excerpt: ...ly with the list of discovery identified in the motion. The parties are therefore to appear for hearing on this motion, with Defendant's counsel to clarify whether verified further responses will be voluntarily provided not only to the discovery listed in the opposition, but also to Special Interrogatory 17; and Requests for Production 7; 10-14; and 16. Because the promise of further responses was not made before Plaintiff filed this motion, and ...

Excerpt: ...); Jackson v. Doe (2011) 192 Cal App.4th 742, 749.) The demurrer is sustained as to the third cause of action for elder abuse. In order to state a cause of action for elder abuse against Defendants, all fictional business entities, a plaintiff had to plead, with particularity, the statutory elements of the violation. (Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, Page 2 of 3 790.) Among the required elements are facts showing that ...

Excerpt: ...Civil Procedure section 9981 and then failed to obtain a more favorable result in the ultimate settlement of the case. Availability of Motion. Though Plaintiff primarily styles her motion one for reconsideration of the court's order under Code of Civil Procedure section 1008, subdivision (a), it is more properly construed as a renewed moton under section 1008, subdivision (b) as it seeks the same order as one previously sought and granted only in...

Excerpt: ...lemental interrogatory can be propounded by a party who earlier propounded interrogatories, "to elicit any later acquired information bearing on all answers previously made by any party in response to interrogatories." C.C.P. 52030.070(a). The same is true for requests for production, "to inspect, copy, test, or sample any later acquired or discovered documents, tangible things, land or other property, or electronically stored information in the ...

Excerpt: ... see, De$t of the Air Force v. Rose (1976) 425 U.S. 352, 372 [asserting that disclosure of "the kind of confidential personal data usually included in a personnel file" would be an invasion of personal privacyl.) Consequently, Defendant has met her burden of establishing a legally protected privacy interest in her employment records and a threatened serious invasion of that interest, shifting the burden to Defendant to raise "whatever legitimate ...

Excerpt: ...EICHERT") moves for leave to file a cross-complaint for indemnity against only JOHN and Defendant DEANN PETERSON ("DEANN"). Plaintiff's operative first amended complaint alleges that Defendants PULTE HOMES OF CALIFORNIA, INC. ("PULTE"), TEICHERT, JOHN, DEANN, and former Doe Defendant GARRETT PETERSON ("GARRETT") are responsible for injuries she sustained when a motor vehicle she was riding, and which GARRETT drove, went into a pit on PULTE and TE...

Excerpt: ...ing a mediation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a motion was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and info...

Excerpt: ...at his vehicle was directly behind Plaintiff's vehicle and that Defendant Tirado told the responding offcer that he had managed to come to a complete stop but Defendant Wong collided with his vehicle and pushed it into Plaintiff's vehicle. (UMF 2, 5.) None of the asserted undisputed facts establish that Plaintiff is unable to prove that Defendant failed to Page 5 of 7 exercise reasonable care in driving behind Plaintiff or that Defendant's conduc...

Excerpt: ... action against it for negligent infliction of emotional distress. Plaintiffs' complaint concerns UNIVERSAL's alleged acts and omissions relating to the death of their son Daimon Ferguson ("Decedent") at Defendant SUTTER VALLEY HOSPITALS, dba SUTTER SOLANO MEDICAL CENTER ("SUTTER")'s hospital on September 3, 2020. The court has not received opposition from FERGUSON. Objections to Evidence. MITCHELL refers to her "Evidentiary Objection No. 1" to U...

Excerpt: ...ope of employment with TRUMPET as she drove her vehicle to an appointment at a TRUMPET patient's home, injured pedestrian MARK NEES and thereby also caused BLANCA NEES to suffer damages from loss of consortium. Page 4 of 6 Objections to Evidence. Plaintiffs' objections to TRUMPET's use of TRUMPET's and KARR'S discovery responses in TRUMPET's separate statement of undisputed material facts are sustained. Code of Civil Procedure section 2030.410 on...

Excerpt: ...xists. Conversion is "any act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein." Fisher v. Machado (1996) 50 Cal.App.4th 1069, 1072. A wrongful act, such as negligence in breaching a duty of care, creates the possibility of strict liability for any damages that result. Burlesc:i v. Petersen (1998) 68 Cal.App.4th 1062, 1065. Plaintiff has filed a declaration asserting that he prov...

Excerpt: ...hearing, and to which the court did not sustain objec
Ÿons by the other. The par
Ÿes also appear to agree that the General Plan does not include speciÞc deÞni
Ÿons for its language restric
Ÿng the providing of “basic municipal services” for “urban development” outside of CITY's urban limit line. Is it fair to characterize the main area of disagreement between the par
Ÿes is whether the General Plan is ambiguous as to whether water ...

Excerpt: ...failure to prevent harassment against COCR. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., S 437c, subd. A summary judgment moton is properly granted where the evidence in support of the moving party would be sufficient to sustain a judgment in his favor and his opponent does not show facts sufficient to present a triable issue of fact...

Excerpt: ... a public entity is not liable for damages awarded under Secton 3294 of the Civil Code or other damages imposed primarily for the sake of example and by way of punishing the defendant. The demurrer is sustained without leave to amend as to Plaintiff's inclusion of CALIFORNIA MEDICAL FACILITY as a named defendant. The California Medical Facility (CMF) is one of many prisons over which CDCR has jurisdiction. Penal Code 55003(f). Other statutes conf...

Excerpt: ...ized under California law for vacating a judgment, including the incorrect calculation of interest. However, in addition to vacating the current sister-state judgment, the court can also issue a different judgment to take its place, if finds it appropriate to do so. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground tha...

Excerpt: ...ation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a moton was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and informed Judge ...

Excerpt: ...gage in the interactive process, (5) retaliation for requesting leave, (6) retaliation for complaining about discrimination, (7) wrongful termination, (8) defamation, (9) intentional infliction of emotional distress, (10) failure to pay minimum wage, (11) Page 5 of 14 failure to pay for all hours worked, (12) failure to pay overtime, (13) failure to provide rest periods, (14) failure to keep records, and (16) unfair business practices. The absenc...

Excerpt: .... The case concerns a sales contract for a 2017 Jeep Grand Cherokee vehicle. The court has not received opposition to the motion. Legal Standard. A plaintiff may move for summary adjudication as to one or more causes of action within an action if the plaintiff contends that there is no defense to the cause of action. (Code Civ. Proc., S 437c, subd. (f)(l).) A crossdefendant may move for summary judgment on the basis that the plaintiff cannot esta...

Excerpt: ...his local rule in substantially the following form: "Notice: The Superior Court in and for Solano County has adopted a tentative rulings system that is described in the court's local Rule 3.9. Failure to comply with Rule 3.9 may seriously affect parties' rights in this case." The notce of motion filed here fails to contain this notice. CRC 3.1700 requires court costs to be requested by filing and service of a memorandum of costs, within 15 days a...

Excerpt: ...t notes that VCUSD's demurrer targets Plaintiff's second amended complaint. However, Plaintiff does not have a second amended complaint on file. Plaintiff's attempt to file a second amended complaint on September 28, 2023 was rejected due to presenting for filing outside of the tme period the court allowed. The court exercises its discretion to consider the demurrer as against Plaintiff's still-operative IAC on the basis that the factual allegati...

Excerpt: ... Defendant JAMES DOE ("DOE"). Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). VCCISD requests judicial notice of a June 15, 2023 order partially sustaining a demurrer in Contra Costa County case C22- 02613, Jane Doe v. Acalanes Union High School District. The court declines to take judicial notce of the proffered order at this time, for purposes of this demu...

Excerpt: ...tion that the investigator's communications with each witness is being compiled and will be produced, renders much of the remaining part of this motion moot. However, to ensure CITY has produced all responsive nonprivileged documents (and documents whose privilege was waived by CITY's assertion of its new affirmative defense), CITY shall serve further verified responses to Request for Production No. 4, and Form Interrogatories 115.1 and 215.2, wi...

Excerpt: ...using and Employment Act (the "FEHA"), additionally fails due to PROCTOR's lack of a right-to sue notce from the Department of Fair Employment and Housing (the "DFEH"). Summarized, Plaintiffs' complaint alleges that Plaintiffs rented residential property from Defendants and that the property has numerous serious habitability issues. Legal Standard. "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holida...