Excerpt: ...a need and good reason to extend the discovery cut‐off with respect to certain discovery in this case, and that doing so will not result in any delay of trial or prejudice to SEENO CONSTRUCTION or ASPEN INSURANCE. DGC has established a need to extend the discovery cut‐off so that DGC may file motions to compel with respect to the verified discovery responses that were recently provided by SEENO, to the extent such motions are permitted under ...

Excerpt: ...INTAGE CONTRACTORS or of the facts rendering VINTAGE CONTRACTORS liable. Therefore, it is not clear from the complaint that the “relation back” doctrine would not apply or that the action would be barred by the two‐year statute of limitations of CCP Section 335.1, as Defendant contends. Allegations that Defendant PAZ had a load in his truck at the time of the collision are not sufficient in this regard. Nor are the standard boilerplate alle...

Excerpt: ... of the PMK at PAKSN, INC., and the notice of the deposition of the PMK at SAGAR, INC., which are almost identical, are somewhat overbroad, and not all of the topics and requests are reasonably calculated to lead to the discovery of admissible evidence. According to the report of CMS dated March 24, 2017, CMS found several deficiencies at the La Mariposa Care and Rehabilitation Center at that time. (Declaration of Hooshie Broomand, Exhibit C). Ho...

Excerpt: ... 274.) Because Defendant has not met its burden, Plaintiff need not produce any evidence nor disprove anything. (Guz v. Bechtel Nat'l, Inc. (2000) 24 Cal.4th 317, 356; Y.K.A. Indus., Inc. v. Redevelopment Agency of the City of San Jose (2009) 174 Cal.App.4th 339, 353; United Cmty. Church v. Garcin (1991) 231 Cal.App.3d 327, 338.) Defendant seeks summary judgment on essentially three grounds: 1) there is a complete defense to Plaintiff's complaint...

Excerpt: ...HE. The second amended complaint alleges sufficient facts to indicate that FORSYTHE was on duty as a security officer in the area in front of the Six Flags park at the time of the incident, and his alleged conduct was incident to his duties or could have been reasonably foreseen by defendants. (Martinez v. Hagopian (1986) 182 Cal.3d 1223, 1228). The demurrer to the third cause of action for conversion is sustained to the extent it is based on the...

Excerpt: ...oner here filed a request for hearing on September 12, within 90 days after filing the petition on June 18. Real party in interest SOLANO COUNTY WATER AGENCY (“SCWA”) did not contest the timeliness of the filing of this request, but argued that it was a hollow request if the administrative record was not ready, or soon to be ready. Public Resources Code §21167.6(a) requires the petitioner to request the respondent public agency prepare the r...

Excerpt: ...he “lower” portion of St. John's Mine Road from Columbus Parkway which runs adjacent to parcels APN 182‐020‐070, 182‐020‐ 060 and 182‐020‐130 to the line of parcel 182‐010‐060 (i.e. from the first cattle guard to the second cattle guard) is a public roadway. (UMF No. 5.) The parties agree that the “lower” portion of St. John's Mine Road was made a public roadway by virtue of a 1938 express offer to dedicate a public roadwa...

Excerpt: ...le issue of material fact as to whether the medical treatment and advice provided to plaintiff ESTELLA PETERMAN by Defendant MOJADDIDI was below the standard of care for a health care provider and whether any such breach of the standard of care by MOJADDIDI was a substantial factor in causing ESTELLA PETERMAN injury. With regard to breach of the standard of care, Defendant submitted the declaration of his expert, Dr. Martin Bronk, in which Bronk ...

Excerpt: ...b Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $3,109.65 and costs of $374.50 for a total of $3,484.15. ...

Excerpt: ...prevent her from participating in trial if it is set beyond the next 120 days. Under CCP Section 36.5, a declaration regarding plaintiff's medical condition may be signed by an attorney. However, the records attached to the declaration of attorney Thomas Mitchell do not clearly support the statements he made in his declaration. The emergency room report attached to the declaration does not indicate that plaintiff suffered a traumatic brain injury...

Excerpt: ...LFIN and MHHHS); and 3. Fraud (against SANTOS, TS GLOBAL, and MHHHS). Defendant DELFIN's demurrer to the first cause of action for breach of contract is sustained with leave to amend. Defendant DELFIN and MHHHS's demurrer to the second cause of action for common counts is denied. Defendant MHHHS's demurrer to the third cause of action for fraud is granted without leave to amend. Page 3 of 4 Breach of Contract The function of a demurrer is to eval...

Excerpt: ...of privilege are inapplicable, the interrogatories are not duplicative of previous interrogatories and plaintiff's answers were unresponsive. Plaintiff has placed the existence of her disability in dispute by filing this suit and Defendant is entitled to engage in directed discovery related to her claim. Further, Defendant is entitled to discovery as to whether Plaintiff has mitigated her damages or whether she has been prevented from doing so du...

Excerpt: ...matter. Ultimately, the parties recited a settlement agreement on the record through their respective attorneys with the assistance of the court. Although Plaintiff failed to provide the reporter's transcript of the settlement agreement, the court independently recalls directly asking Plaintiff whether this was her agreement and whether she understood the agreement and Plaintiff affirmatively acknowledging her understanding and stating her agreem...

Excerpt: ...tiffs here sought to compel arbitration, against both the car dealer RAHIM HASSANALLY dba Momentum Chrysler Dodge Jeep Ram of Fairfield (“HASSANALLY”), and lender/holder TRAVIS CREDIT UNION (“TCU”). On March 15, 2019, Plaintiffs dismissed their claims against HASSANALLY. In general, arbitration can be enforced only if there is an agreement to arbitrate which applies to all of the parties against whom arbitration is sought to be compelled....

Excerpt: ... under CCP Section 128.7(b)(1); they have not established that plaintiff's claims are not warranted by existing law under CCP Section 128.7(b)(2); and they have not established that plaintiff presented the complaint with knowledge that the claims in the complaint lack evidentiary support under CCP Section 128.7(b)(3). Defendants did not submit sufficient evidence in support of the motion. Although they submitted the transcript of the deposition o...

Excerpt: ...ing the certification of defendant ZHU as a “massage practitioner” (Exhibit A), the request is denied under Evidence Code Sections 452 and 453. These internet search results are not subject to judicial notice, and for the purposes of demurrer, do not conclusively establish that defendant was licensed and was a “certified massage practitioner” at the time of the incident on June 4, 2017. Defendant ZHU is to file an answer to the complaint ...

Excerpt: ...nment of judgment with the court in October 2016, signed by the president/chief operating officer of DUTRA CONSTRUCTION CO., INC. (“DUTRA”). The notarized assignment specifically identifies GARCIA by name (and her dba) as the assignee authorized to “recover, compromise, settle and enforce said judgment at its [sic] discretion”. Once the acknowledgment of assignment is filed with the court, the assignee has standing to proceed to enforce t...

Excerpt: ...no requirement for body‐to‐body contact, the unwanted touching must have been set in motion by the defendant's actions. (Mount Vernon Fire Ins. Co. v. Busby (2013) 219 Cal.App.4th 876, 884.) In this matter, the unwanted touching was carried out by bedbugs. Unlike an instrument, such as a dog, there is no allegation that the touching by the bedbugs was set in motion by Defendants or the result of training or direction of the Defendants. Plaint...

Excerpt: ...ent, or compel a party to sign any document related to the settlement. The court notes that no transcript of the MSC proceeding of July 16, 2018, was submitted in support of the motion. Therefore, the court is left to rely only on the terms of the settlement reflected in the minute order for the MSC in determining what settlement terms should be included in the judgment to be entered under CCP Section 664.6. The minute order clearly reflects the ...

Excerpt: ...silenko v. Grace Valley Church (2017) 3 Cal.5th 1077, 1084 [liability applies to “those who own, possess, or control . . . premises . . ., regardless of their legal title over the property”]. A landowner usually faces no potential liability for injuries caused by a condition on a public street or sidewalk, unless the landowner created the danger. [I]n the absence of a statute a landowner is under no duty to maintain in a safe condition a publ...

Excerpt: ...inds that the settlement agreement is enforceable under CCP Section 664.6 because: (1) the terms of the agreement indicate that it is enforceable; (2) the agreement contains all of the material terms to which the parties agreed; and (3) the agreement does not require performance by a third party (such as KTS Professional Services, Inc.), as defendants contend. The court finds, however, that the amount of the stipulated judgment, $240,000.00, bear...

Excerpt: ...) and recorded on August 25, 2014 as void because Defendant Chase had assigned its interest in the note and deed of trust to Defendant Federal National Mortgage Association (“Fannie Mae”) in 1999. But, there is nothing facially void about the substitution. Plaintiffs admit that Defendant Chase was the original lender, beneficiary, and holder of the note. (SAC, ¶ 2.) Plaintiffs further admit that the substitution of trustee was recorded on Au...

Excerpt: ... service by mail on Defendants' counsel on that same date. Plaintiff's motion, also bearing the name and address of this new counsel of record, was served by mail on Defendants' counsel, again on January 22. Defendants' opposition, filed one month later, attached a proof of service by mail, listing only Plaintiff, and not her new counsel, as being served. The court therefore could not consider the arguments raised in those improperly served oppos...

Excerpt: ...he demurrer to the first cause of action for breach of contract and the second cause of action for fraud, which plaintiff states in his opposition are not directed to defendant SLACK, is sustained WITHOUT leave to amend. The demurrer to the fourth cause of action for unjust enrichment is also sustained WITHOUT leave to amend. The first amended complaint does not allege any facts to suggest that defendant SLACK may be liable for unjust enrichment....

Excerpt: ...blic entity has in some way deterred the plaintiff from presenting a timely claim. “It is well settled that a public entity may be estopped from asserting the limitations of the claims statute where its agents or employees have prevented or deterred the filing of a timely claim by some affirmative act.” (John R. v. Oakland Unified School Dist. (1989) 48 Cal.3d 438, 445 [256 Cal. Rptr. 766, 769 P.2d 948].) “Estoppel most commonly results fro...