Excerpt: ... Special Interrogatories, Set One 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 Request for Production of Documents, Set Two 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 �...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...sexual abuse by the Perpetrators on Plaintiff which was reported to Defendant between January 1, 1997- 2001. The Court finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter under Penal Code 511164-11174.3, Child Abuse and Negligent Reporting Act (CANRA), when Plaintiff allegedly made his second report of sexual abuse by William and David Shook to Defendant. Accordingly, Defendant's Demurrer to Pla...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ...ch appears to include issues the Court has already resolved. Terry says the Court has no discretion to do anything other than grant her motion. She is wrong. First, she says that under Marriage of Woolsey (2013) 220 Cal.App.4th 881 at 898, the permissive "may" in S 664.6 becomes a "shall," if the Court finds the settlement enforceable. The Court was unable to find this language and is unconvinced. But more to the point, the Court has already foun...

Excerpt: .... Atlantic Richfield Co. (2001) 25 cal. 4th 826, 850). Accordingly, Defendant's motion for summary adjudication as to the lack of Defendant's liability to Plaintiff as a matter of law because Kevin Ray Zanders was not acting within the scope of his employment he engaged in tortious conduct towards Plaintiff, is hereby granted. (Aores v. AutoZone W„ Inc., (2008) 161 cal. App. 4th 373, Mary M. u City ofLos Angeles (1991) 54 cal.3d 202). The Court...

Excerpt: ...ave not yet received the Bills of Sale. Without the Bills of Sale, performance cannot occur, and the cause of action for breach of contract has not yet accrued. Defendants therefore have defeated their own sham pleading argument because their admissions demonstrate that the correct cause of action here is anticipatory breach, not actual breach. The cause of action is not barred by the statute of limitations. The statute of limitations on a cause ...

Excerpt: ... to contain contract specifics inclusive of the date renders the complaint fatally vague. Second, the failure to allege a contractor's license causes the complaint to fail as currently pled. (See Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies (2017) 12 Cal.App.5th 842.) The Court is skeptical that expert testimony is necessary. Plaintiff's contenton that the contractor's license is necessary is not supported by the Space X ca...

Excerpt: ...12/29/23 at 8:30 am in Department 22 is ADVANCED and CONTINUED to 1/12/24 at 8:30 am in Department 22, to be heard concurrently with the motion to award costs. MOTION FOR NEW TRIAL: The Court will hear arguments on the following issues: 2. Special Verdict Form Responses re Vicarious Liability: The Court notes that Plaintiff failed to address this argument in his opposition. The Court would like to hear from the parties on this Issue. Damages Awar...

Excerpt: ...rified that when — as is the case here - a petition challenges the disinheritance of a beneficiary from a trust, the petitioner has "limited stand-ng" to challenge the validity of the trust instrument which disinherited him. Therefore, the Court must first decide the "threshold issue" of the validity of the trust instrument which disinherited Petitioner here the Second Amendment to the Trust. If the trust amendment pursuant to which the benefic...

Excerpt: ...ff's Motion for Orders Compelling Responses to Requests for Admission Set One and Awarding Sanctons of $2,600.00 Against Defendants and Their Attorney of Record Michael Warda —GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to plaintiffs second set of form i...

Excerpt: ...ubstantial probability exists that the overriding -nterest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restri ctive means exist to achieve the overriding interest. The overriding interest here is the "highly confidential" and "commercially sensitive" information contained in the declarations filed by Mr. Hughes and Mr. Retsloff in support ofthe settlement negotiations between Plai...

Excerpt: ...dly injured in the accident and the timeframe for the medical records to 15 years before the date of the accident. The request for a protective order is DENIED, as the specifics of a protective order were not addressed in the motion. If counsel wish to agree on a protective order, the Court is likely to enter one. The Court views the limitation at 15 years and the body parts involved as sufficient given the facts of the case. The initial request ...

Excerpt: ... in its previous order of 10/4/23 warned Defendant that further failure to comply with the Court's orders could result in the imposition of more stringent sanctions up to and including terminating sanction. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., (2020), 56 Cal. App. 5th 771). Accordingly, Plaintiff's application for issue sanctions to be imposed against Defendant is hereby granted. The allegations of Plaintiffs complai...

Excerpt: ... for Admissions Set No. Admitted and Request for Order Awarding Monetary Sanctions Against Defendant— GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to Plaintiff's Request for Production of Documents, Set One, is granted pursuant to Code of Civil Procedure ...

Excerpt: ...Production of Documents; Request for Sanctons— GRANTED, and a) The Court finds that Plaintiff entirely failed to to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (Code Civ. Proc. S 2030.290(b).) The Court further finds that Defendants are entitled to an award of monetary sa...

Excerpt: ... the arbitration proceedings. The representative claims in the class action complaint are dismissed. Both the individual and representative portions of the PAGA complaint are stayed pending arbitration. a) Defendant contends that California law is pre-empted in these complaints by the Federal Arbitration Act ("FAA"). Plaintiff does not dispute Defendant's contention that it is engaged in interstate commerce within the meaning of the FAA and thus ...

Excerpt: ...dant Fulmer Pursuant to California EVIDENCE Code Section 1043 - GRANTED in part and DENIED in part. a) Plaintiffs' motion is GRANTED in part and DENIED in part. Plaintiffs' motion to compel responsesto the three questions set forth in the notice of motion and motion is GRANTED. Any issues, questions, or "matters of first impression" arising during the meet and confer process which occurred after the Court initially heard the Plaintiffs' motion an...

Excerpt: ...p.4th 118). The Court finds that Plaintiff, as the prevailing buyer under Code of Civil Procedure 51794 (d), is entitled to the award of reasonable attorney's fees incurred in the prosecution of Plaintiff's Song Beverly Act Claim herein. The Court also finds that the pre-engagement activity undertaken by Plaintiff's Counsel prior to signing Plaintiff on as a client is compensable. (Hogar Dulce Hogar v. Cmty. Dev. Com. of City of Escondido, (2007)...

Excerpt: ...pt sanctions. As to the discovery dispute, the Court intends to grant Plaintiff's remaining requests in full. Plaintiff's requests for the search terms seems entirely reasonable, and the other requests for responsive documents appears to have been met with non-responsive additions. The Court does not issue discovery sanctons in this case, as meet and confer efforts prior to the initial hearing date were insuffcient. Importantly, Defendant argues ...

Excerpt: ...ffs Eliseo Rivera, by and through his guardian ad litem Elvia Rivera and Elvia Rivera's First Cause of Action for Medical Malpractice fails because the care provided to Ms. Rivera by Memorial's nursing staff met the applicable standard of care include the following: Whether Defendant's nurses operated below the appropriate standard of care in failing to obtain an estimated fetal weight (E W) upon Plaintiff's admission to Defendant's hospital. (Pl...

Excerpt: ...tion of the application of the immunity provided in Civ. Code S 846 (UMFs 21, 24, 25 and Plaintiff's Additional Facts 33-38, 40, 43, 44), she has failed to meet her burden as to Defendant's actual or constructive notice of the allegedly dangerous condition and causation (UMF 9, 26-30). Therefore, the Court finds that Defendant is entitled to judgment in its favor on the grounds that Plaintiff cannot establish these elements of her cause of action...

Excerpt: ... towards a finding of procedural unconscionability, may not by itself lead to a finding of procedural unconscionability. (Lane v. Francis Cap. Mgmt. LLC, (2014) 224 cal. App. 4th 676, citing Peng v. First Republic Bank (2013) 219 cal.App.4th 1452, 1472). The Court therefore finds, in combination with the voluntary nature of Plaintiff's signing of said arbitration agreement, and the prominent notice at the top of said arbitration agreement requiri...