Excerpt: ...quests. Counsel is cautioned that such combined motions are disfawred and will be rejected when submitted for filing in the future. At the hearing on this matter, the Court is inclined to continue all of the discovery motons set through the end of this month and in February to February 29, 2024 at 9:30 a.m. and may require personal appearances by counsel. At that hearing, the Court might appoint a discovery referee. The Court is dissatisfied with...

Excerpt: ... efforts to meet and confer with regard to the disputed requests. Counsel are reminded that discovery is intended to be self-executing and are instructed to continue to meet and confer in good faith, in person or by telephone, with the goal of narrowing and/or resolving the disputes herein. In addition, the Court recognizes the relevance of the requested discovery with regard to the identification of information and materials concerning other stu...

Excerpt: ... against all claims by Super Store Industries arising out of or in connec
Ÿon with Top Quality and Fireplace's work on the property located at 2600 Spengler Way, Turlock California. , except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontractor, or their other agents, other servants, or other independent contractors...

Excerpt: ...nder in Defendants Jacob Zensen/Sweep-Rite INC.'S Motion for Protective Order, and Defendant Issac Villareal JR.'S Joinder in Motion for Sanctions and Appointment of Discovery Referee - HEARING REQUIRED. a-c) HEARING REQUIRED. The Court intends to designate this as a complex case. At the hearing on this matter, the Court is inclined to continue all of the motions set throughout February to Wednesday February 21, 2024 at 1:30 p.m. and require pers...

Excerpt: ...Petitioner personally asserts that "l also believe that the ALJ was biased against me because she did not consider any of my evidence, but just accepted everything the accusers said." PROCEDURAL SUMMARY Petitioner operates a day care with one regular long-term employee, Kelly Buttram. Respondent intended to revoke her day care license, and a hearing was held in front of Administrative Law Judge Karen Reichmann on June 21 and June 22 of 2023. Judg...

Excerpt: ... are also uncertain as to the moving defendants. (CCP S 430.10(e) & (f), California Rules of Court, Rule 2.112, Khoury v. Maw's of Calif, Inc. (1993) 14 Cal.4th 612, 516, (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 cal.5th 577, 695, Williams u Beechnut Nutrition corp. (1986) 185 cal.3d 135, 139). Furthermore, due to the inconsistent allegations contained in Plaintiff's complaint, specifically, Plaintiff's allegations ...

Excerpt: ...at Defendant Kevin Ray Zanders has failed to respond to Plaintiff's properly propounded Special Interrogatories, Set One, or at all, without justification. Accordingly, Plaintiff's application is hereby granted. Defendant shall provide verified responses to the propounded discovery without objection within fourteen (14) days of the date of the Court's order. Any objections by Defendant to said discovery are hereby waived. (Code of Civ. Proc. SS 2...

Excerpt: ...$82,845 for attornevs fees and $2,810.45 in costs. Paragraph 5 of the Settlement Agreement allows Plaintiffs Counsel to recover his fees and costs for both actions from Defendant Bob Harkrader & Sons Trucking, Inc., with a guaranty from Jacob Harkrader and Robin Harkrader. The Court deems the appropriate market rate in this case to be $450 per hour, taking into account Counsel's experience and the risks inherent in these types of cases. The numbe...

Excerpt: ...irst Amended Complaint. Therefore, the Court finds that the Second Amended Complaint fails to state facts supporting the 2nd, 5th 6th 7th 8th 9th, 12th, 13th, 14th, 15th, 16th, and causes of action stated therein. With regard to the claims based on Plaintiff's alleged disability, the pleading lacks specific factual allegations establishing that Plaintiff suffered from a condition that constituted a disability, as that concept is defined by FEHA. ...

Excerpt: ...e the above-mentioned procedural deficits, the Court has reviewed the substance of the moton and finds that Plaintiff, as the moving party, has failed to meet her initial burden of demonstrating entitlement to judgment herein. Specifically, expert medical testimony is required to support Plaintiff's claim for medical negligence in this context, and no such testimony has been provided. (Hanson v. Grode (1999) 76 cal.App.4± 601, 605-607.) Further,...

Excerpt: ...nes and limitations should be placed? The Court will not continue this case again. Plaintiff gives a more substantially complete recitation of the procedural history. Defense expert Dr. Pereira examined Plaintiff on January 14, 2022 and issued a report on January 26, 2022, asserting expertise on Chronic Regional Pain Syndrome (CRPS) and asserting that Plaintiff likely did not suffer this condition. Plaintiff's expert, Dr. Ol_aughlin, examined Pla...

Excerpt: ... the beneficiary of another 1/3 of 40% through the Trust (although William Jackson is seeking to exercise the option he was given to purchase the Trust's interest). Because this inspection is outside of the Discovery Act, if a member has an issue with the inspection, then the appropriate procedural mechanism is for the member to file a civil pleading seeking a writ of mandate against the company—NOT try to shoehorn the issue through a trust pro...

Excerpt: ...Request for Production of Documents, Set Two and Request for Sanctions —GRANTED IN PART AND DENIED IN PART. d) Plaintiff's Motion to Compel Further Responses of Defendant Secret River, Inc. to special Interrogatories, set one and Request for sanctions -GRANTED IN PART AND DENIED IN PART. e) Plaintiff's Motion to Compel Further Responses of Defendant Smart Management & Co., Inc. to Special Interrogatories, set one and Request for sanctions - GRA...

Excerpt: ...esentation that responses would be served no later than 12-15-23; Counsel shall appear to confirm whether this was accomplished. In addition, the Court is inclined to award sanctions against Defendant Craven Farming Company and its counsel in favor of Plaintiff in connection with the instant motion, which appears to have been necessary in order to elicit the required responses. Therefore, sanctions are awarded in the amount of $460, to be paid to...

Excerpt: ...82; Cal. Rules of rule 3.769.) Good cause appearing to the satisfaction of the Court, the Court is inclined to find that the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers, as follows: Fees and costs of Settlement Administrator: $9,500 Payment to Class Representatives: $17,500 PAGA allocation to LWDA (75%): $15,000 Class Counsel's attorney's fees: $325,000 Class Counsel's costs:...

Excerpt: ...es to have a contractual duty to defend Mid-Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connec
Ÿon with A+ Innova
Ÿve Drywall Inc.'s work on the property located at 2600 Spengler Way, Turlock California, except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontract...

Excerpt: ...rged his burden of demonstrating that he is entitled to the requested discovery. (Code of Civ. Proc., "2017.010, 2030.290(b); (Appleton v. Superior Ct., (1988) 206 Cal. App. 3d 632; Steven M. Garber & Associates v. Eskandarjan (2007) 150 Cal.App.4th 813). Furthermore, the Court finds, in view of the upcoming motions for summary judgment filed by other Defendants herein against Plaintiff on calendar for February 2024, Plaintiff will be prejudiced ...

Excerpt: ...sed by P from American Chevrolet (GM UMF 1) and as to the lack of a new Limited Vehicle Warranty issued by Defendant accompanying said sale. (GM UMF4, UMF6 and UMF 7). (Rodriguez v. FCA US, LLC, (2022).77 cal. App. 5th 209). Accordingly, Defendant's application for summary judgment is hereby granted. Plaintiff's request for a continuance is denied on grounds that Plaintiff already possess the evidence it alleges supports its claim that a new vehi...

Excerpt: ...card by Plaintiff. (UMF 1.) Plaintiff sent Defendant a credit card with a copy of the customer agreement. (UMF 2.) under the terms set forth in the customer agreement, Defendant manifested his assent to the contract when he used the card. (UMF 3.) Pursuant to the terms of the customer agreement, Plaintiff extended credit to Defendant whereby Defendant could charge for goods or services or obtain cash advances. (UMF 4.) In exchange, Defendant was ...

Excerpt: ...inal fairness hearing and subject to final approval by this Court. Defendant's objection to Exhibit 5 attached to the 11/16/23 Mallison Declaration is OVERRULED, and the request to strike is DENIED. This is Plaintiff Kristeena Tinnin's own mediation brief, and Defendant failed to highlight any of its own confidential information in the document. Defendant therefore has no standing to object to the public filing of the brief. Defendant asserts tha...

Excerpt: ...scovery Act under which Plaintiff seeks relief in this instance. Moreover, while the Court presumes that Plaintiff may be attempting to obtain an order suppressing the June 2023 deposition pursuant to Code Civ. Proc. S 2025.520(g), Plaintiff has failed to demonstrate the meet-and-confer efforts required by that section. Moreover, the Court questions whether Plaintiff brought the instant motion seasonably, as it appears she delayed in this regard ...

Excerpt: ...bitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement." Petitioner Central Valley — Sierra Associates ("CVSA") is correct in contending that there is an overarching lev...

Excerpt: ...ery and all objections have been waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Petitioner is entitled to an order compelling Mr. Joefield to prov-de answers, without objection, to the subject discovery within 30 days. (Code Civ. Proc. S 2030.290(b).) (b) The Court finds that Real Party in Interest has entirely failed to respond to the subject discovery and all objections have been waived (Code Civ. Proc. S 2031.300(a).) Therefore, Petitione...

Excerpt: ...law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) The Court also considers matters that can be judicially noticed. (Ibid.) The Court sustains the demurrer on the following grounds: (1) Plaintiff has not demonstrated that she complied with the Government Claims Act; (2) the pleading is barred by the statute of limitations; and (3) Defendant Lucas is protected by quasi-judicial immunity with regard to the allegations in the First Amended Complaint...

Excerpt: ...aintiff Eileen Duarte filed a complaint for "reformation of deeds, cancellation of deeds and declaratory relief." Eileen alleges in the complaint that she is the sole trustee of the Duarte 1993 Trust, created by Joe and Mary Duarte. Eileen is one of Joe and Mary's three children — the other two are her sisters Defendants Irene (Duarte) Nelson and Kathleen (Duarte) Elliott. During Joe and Mary's lifetime, they transferred three parcels of proper...