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2023.09.21 Demurrer to FAC 350
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.09.21
Excerpt: ... December 2019, been put on inquiry, if not actual notice, of defects with her vehicle for her cause of achon for fraudulent concealment to have accrued so as to begin the tolling of the three year statute of limitations on her claim for fraudulent concealment. (Cal. Civ. Proc. Code S 338). The Court therefore finds that Plaintiff's cause of action, which was first filed on January 23, 2023, is time barred. The Court also finds that Plaintiff's c...
2023.09.19 Motion to Compel Responses, for Monetary Sanctions 999
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.09.19
Excerpt: ...art, unopposed; c) Plaintiff Douglass Montgomery's Motion to Compel Responses to Request for Production of Documents, Set One from Defendant Animal Health International, Inc., and Request for Monetary Sanctions — a) The Court finds that Defendant has failed entirely to timely respond to Plaintiff's Request for Form Interrogatories, Set One, propounded on 5/8/23. Therefore, all objections to same are accordingly waived. Plaintiff is therefore en...
2023.09.13 Motion to Strike Punitive Damages 282
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.09.13
Excerpt: ...e that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible to prove negligence or other wrongdoing" l; Bell v. Bayerische Motoren Werke Aktiengesellschaft (2010) 181 Cal.App.4th 1108 [Evidence that a person was insured against liability for another person's injury is irrelevant to both the question of liability and the amount of damages for neglige...
2023.09.07 Motion for Release of Police Report, for Protective Order 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.09.07
Excerpt: ...to Police Report No. 90-30042, are necessary and have substantial relevance to the legitimate need of Defendant to defend this action and Plaintiff to prosecute same. (CA ST FAM JUV Rule 5.552 (d)). The court hereby issues a protective order accompanying this authorized disclosure, discovery, or access according to the terms of the parties' proposed protective order. (CA ST FAM JUV Rule 5.552 (d)(8)). b) GRANTED. A record must not be filed under ...
2023.08.31 Motion to Compel Responses, for Sanctions 320
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.31
Excerpt: ...al Interrogatories (Set One) on 12/12/22. Defendant's Moton to Compel Plaintiff's Responses to Special Interrogatories (Set One), is hereby granted. Defendant is accordingly hereby deemed to have waived all objections to same including those based on privilege and work product. (Cal. Civ Proc. 52030.290 (a)). Plaintiff is hereby ordered to provide full, complete, and verified responses to said Special Interrogatories, (Set One) without objections...
2023.08.30 Demurrers to SAC 194
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.30
Excerpt: ...nd Second Amended Complaint to prevent the application of the Sham Pleading Doctrine against her. The Court therefore disregards the inconsistent allegations in Plaintiff's First and Second Amended Complaints. (Larson v. UHS of Rancho Springs, Inc., (2014) 230 cal. App. 4th 336, 343-344). The Court finds that even if said Sham Pleading Doctrine were not applicable, Plaintiff discovered, or through the use of reasonable diligence should have disco...
2023.08.22 Motion to Reclassify Action, Demurrer to TAC, Motion to Strike Punitive Damages 061
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.22
Excerpt: ... of litigation." (Hernandez v. City of Stockton, (2023) 90 Cal. App. 5th 1222, 1231) The Court also finds that a government tort claim need not contain the detail and specificity required of a pleading, but need only fairly describe what the entity is alleged to have done; the claims statute should not be applied to snare the unwary where its purpose has been satisfied. (Stockett v. Association of California Water Agencies Joint Powers Ins. Autho...
2023.08.22 Motion for Protective Order 565
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.22
Excerpt: ...pre-emptive blanket order based on claims of attorney client privilege and or work product privilege. (Cal Code of Civ. Proc.S 2054.420, Nativi v. Deutsche Bank National Trust Co. (2014) Cal.App.4th 261, review denied). Accordingly, Plaintiff may proceed with the noticed depositions of Ms. Tudor and Mr. Kouba. Defendant may make any objections it deems necessary during said deposition. The Court declines to prohibit discovery of the documents req...
2023.08.18 Motion for Final Approval of Class Action and PAGA Settlement 893
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.18
Excerpt: ... that the payment to the Class Representative and to the Class Members to be appropriate given all relevant factors of the settlement. The Court also finds the attorney's fees to be comparable to the award of fees generally issued by California Courts. The Court hereby grants final approval of the Class Acton Settlement herein. The class counsel, class representative and claims administrator are hereby approved and appointed as set forth in the m...
2023.08.16 Demurrer 075
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.16
Excerpt: ...sition of liability. The traditional elements of duty, breach of duty, causation, and damages apply. (6 Witkin, Summary of Cal. Law (9th ed. 1988) Torts, S 838, p. 195, Marlene F. v. Affiliated Psychiatric Med. Clinic, Inc., (1989) 48 cal. 3d 583, 588). The Court finds that a cause of action for Negligent Infliction of Emotional Distress does not exist in this Damages for severe emotional distress, rather, are recoverable in a negligence action w...
2023.08.15 Motion for Summary Judgment, Adjudication 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.15
Excerpt: ...s not prejudiced by said service. In the interests of equity, the Court holds such service valid. The Court finds that AB 218 (Code of Civil Procedure S 340.1) expressly exempts Plaintiff from complying with the claims presentation requirement of Government Code S 905. The Court further finds that AB 218 does not constitute an unconstitutional gift or appropriation of public funds, to the benefit of particular individuals based on an exception to...
2023.08.11 Motion to Compel Responses, for Monetary Sanctions 323
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.11
Excerpt: ...s Inc. to Provide Responses to Special Interrogatories, and for an Award of Monetary Sanctions Against Defendant and Attorney; d) Plaintiff's Motion to Compel Defendant Brunk Industries Inc. to Provide Responses for Production of Documents, and for an Award of Monetary Sanctions Against Defendant and Attorney (a) GRANTED, unopposed. The Court finds that Defendant has entirely failed to respond to Plaintiff's Request for Form Interrogatories, (Gen...
2023.08.10 Application for Writ of Possession 810
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.10
Excerpt: ...ntiff regarding the sums claimed in respect of Agreement Nos. 4368/4193 and the total sum due on said agreements, the Court is inclined to GRANT the application on the basis that Plaintiff has established the requirements for issuance of a writ of possession and a turn over order against Defendant, subject to the filing of an undertaking. (Code Civ. Proc. 5512.060.) With regard to the issue of valuation as it pertains to the amount of the underta...
2023.08.09 Demurrer, Motion to Strike 519
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.08.09
Excerpt: ...340.1 (a)(2) in respect of Plaintiff's alleged claims of sexual abuse by Defendants Calvin and William Shook that occurred after Plaintiff's alleged first report of sexual abuse to Defendant made around 1995 or thereabouts. Accordingly, Defendant's Demurrer to Plaintiff's Third and Fourth Causes of Action are hereby overruled. The Court further finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter...
2023.07.25 Motion to Seal Docs 626
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.07.25
Excerpt: ...lity is required by law, court records are presumed to be open to the public (CRC 2.550(c)). Therefore, pleadings, evidence (including that obtained in discovery), and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. [CRC 2.551(a); see H.B. Fuller co. u Doe (2007) 151 cal.App.4th 879, 888]. Plaintiffs recently filed redacted versions of the relevant pleadings and evidence with th...
2023.07.19 Motion to Compel Responses, for Monetary Sanctions 568
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.07.19
Excerpt: ...s for Payment Relief De IV LLC Motion to Compel Responses and Production of Documents; Request for Monetary Sanctions- GRANTED, in part, DENIED, in part, d) Defendant's, Fay Servicing LLC and Partners for Payment Relief De IV LLC Motion to Have Requests for Admission Deemed Admitted and Matters Deemed Genuine as Against Plaintiff; Request for Monetary Sanctions —GRANTED, in part, DENIED, in part, unop1H)sed. a) The Court finds that Plaintiff ha...
2023.07.18 Petition to Compel Binding Arbitration 115
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.07.18
Excerpt: ...irs, representatives, executors, administrators, successors and assigns" of parties to said agreement, Almond Vista Healthcare Center may enforce said arbitration agreement against Plaintiff. The Court also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant's facility. Furthermore, the Court finds that...
2023.07.13 Motion to Remove Lien 065
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.07.13
Excerpt: ...ien on Wells, as required by Civil Code sections 8416(c)&(d). Thus, pursuant to Civil Code 8415(e), the lien is unenforceable as a matter of law. Also, pursuant to Civil Code section 8118, when notice is given by mail, the claimant's declaration of proof of service shall be accompanied by certain documentation, and the recorded proof of service fails to include this required documentation. Lisa Declaration, paragraphs 42 —46, and Weber Declarat...
2023.07.11 Motion to Fix Valuation Date, to Set Appraisal Procedures 626
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.07.11
Excerpt: ...s some "certainty" in Section provision of a hard and fast date for valuation of a company when the majority shareholders invoke the buyout process. However, the statute explicitly allows for an alternate (or deferred) date where the moving party can show "good cause." While it is true Plaintiffs "knew what they were doing" when they filed their lawsuit for involuntary dissolution in 2020 — i.e. knew that if the corporation agreed to dissolutio...
2023.06.30 Demurrer 332
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.30
Excerpt: ...ds should be stated with clearness and precision so that nothing is left to surmise. (Bernstein v. Piller(1950) 98 Cal.App.2d 441). The Court finds that Plaintiffs have not stated with clarity and precision essential facts on which their claims rely. More specifically, the Court finds that Plaintiffs' complaint is replete with long, disjointed, rambling, confusing, ambiguous allegations which make it difficult to comprehend said complaint or resp...
2023.06.29 Motion to Deem RFAs Admitted, for Sanctions 002
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.29
Excerpt: ...est for Admissions propounded on 2/26/23. Defendant Hudson Insurance Company's request for an order deeming the truth of all ma©ers speciÞed in Defendant's Request for Admissions, Set One is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents speciÞed in Defendant's Request for Admissions, Set One, is hereby deemed admi©ed. (California Code of Civil Procedure §2033.280) Monetary sancŸons of $180 are a...
2023.06.27 Motion to Compel Arbitration and Dismiss Complaint 730
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.27
Excerpt: ...ating to Plaintiff's employment with and/or the cessation of employment with Defendants. Further, that Plaintiff's relationship with Defendant Penny Newman Grain is so intertwined with Plaintiff's relationship with Defendant Copper and Gold LLC that Defendants may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant Penny Newman Grain. The Court notes that Plaintiff, upon the Court's finding of a valid...
2023.06.20 Motion to Compel Further Responses 868
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.20
Excerpt: ...dice. The Court finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L....
2023.06.16 Motion to Compel Further Responses 868
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.16
Excerpt: ...rt finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L.P. v. Farkhon...
2023.06.13 Motion to Compel Compliance, for Further Responses, for Sanctions 711
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.13
Excerpt: ... Production, Set One; Request for Sanctions; d) Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctons a) GRANTED, conditionally and with limitations. The Court has reviewed and appreciates the respective supplemental declarations filed by counsel with regard to meet and confer efforts. The sole remaining dispute with respect to Defendant's motion to compel further production to Defendant's Demand fo...
2023.06.09 Motion for Summary Judgment 020
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.09
Excerpt: ...and/or evidence to support this was only tendered in Defendant's Reply and references a declaration that was apparently never filed or served. (Reply, p. 8, In. 5-10 ["Declaration of Megan Tommasello"].) The Court believes that the present split of authority recognized by the California Supreme Court in granting review of Rodriguez v. FCA US LLC (2022) 77 cal.App.5th 209, review granted, cal.5th 295 Cal.Rptr. 351, may well depend on whether effec...
2023.06.09 Motion for Leave to Amend Renewal of Judgment 853
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.09
Excerpt: ...apposite. Likewise for the constructive filing upon receipt rule because what Plaintiff submitted could not have been filed as tendered and therefore required an entirely new filing, not simply compliance with a technical formatting issue. The same holds for Plaintiff's reliance on Code of Civil Procedure section 473, subdivision (d), since there was no "clerical mistake" in the entry of judgment, or renewal thereof, in the first place. Here, Pla...
2023.06.07 Motion for Preliminary Approval of Class Settlement 189
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.07
Excerpt: ...at the final fairness hearing and final approval by this Court. The class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the moton. The Court sets the following deadlines relative to this matter: -23-23 efendant shall provide Class Information to Administrator -5-23 ministrator shall mail Class Notice to Class Members. -19-23 lass Deadline for Submission of Opt-out Notices or...
2023.06.06 Motion for Leave to Obtain Another Physical Exam 315
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.06.06
Excerpt: ...ion. The examination will be performed by Dr. Alex Huanphong Phan, MD. of Alpine Orthopedics in Stockton California, whose specialty is interventional pain management and by such assistants and colleagues as Dr. Phan may call upon to assist or to advise him in the examination. The examinaton will take place at 2488 N. California St„ Stockton, on June 27, 2023, beginning at 5pm and continuing for as long as is reasonably required but in no event...
2023.05.11 Application for Good Faith Settlement 870
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.05.11
Excerpt: ...ate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be." (City of Grand Terrace v. superior court (1987) 192 cal.App.3d 1251, 1262.) The Court finds that Settling Defendant's application does not meet the requirements listed in Tech-Bilt Inc. v Woodward-Clyde Associates and does not proVde the Court with enough informati...
2023.05.09 Motion to Compel Depositions, for Sanctions 237
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.05.09
Excerpt: ...023. (California code of Civil Procedure "2025.280(a), 2025.410 and 2025.420). The Court also finds that Plaintiff made reasonable and good faith efforts to meet and confer with Defendant through Plaintiff's multiple inviting Defendant to meet and confer with Plaintiff, as well as the multiple extensions given to Defendant to respond to said meet and confer invitatons. The Court further finds that Plaintiffs request for testimony and d G„cument...
2023.04.28 Motion to Quash 556
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.04.28
Excerpt: ... of relevant and admissible evidence with regard to Plaintiff's earnings, disciplinary matters substantially similar to those Defendant alleges were the basis for Plaintiffs termination in this case, and whether Plaintiff's separation from employment with the non-party deponent was voluntary or involuntary. The tme period for discoverable documents should be from start date to date of separation of employment. The motion to quash is therefore den...
2023.04.25 Demurrer, Motion to Strike 016
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.04.25
Excerpt: ...fficient at the pleading stage to state the challenged causes of acton. In pleading, the essential facts on which a determination of the controversy depends should be stated with clearness and precision so that nothing is left to surmise. (Bernstein u Piner (1950) 98 Cal.App.2d 441). The Court finds that Plaintiff has not stated with clarity and precision essential facts on which a determination of the controversy depends such as the term of the ...
2023.04.21 Motion to Establish Truth of Matters, for Monetary Sanctions, to Compel Responses 545
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.04.21
Excerpt: ...es to Plaintiffs Special Interrogatories, Set One; and for Monetary Sanctions— GRANTED, in part, DENIED, in part, unopposed. a) Plaintiff's request for an order establishing the truth of all facts and genuineness of all documents specified in Plaintiff's Request for Admissions, Set One against Dora Palominos is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents specified in Plaintiff's Request for Admission...
2023.04.18 Motion to Compel Responses 755
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.04.18
Excerpt: .../or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,051.65; c) Plaintiff's Motion to Compel Responses to Request for Production of Documents, Set One against Defendant Budget Inn and Requests for Costs, Sanctions, and Attorney Fees against Defendant Budget Inn and/or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,061.65; d) Plaintiff's Motion to have Request for Admissions, Set One, Deemed Ad...
2023.04.07 Motion for Summary Judgment 748
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.04.07
Excerpt: ...itlement to judgment herein. (Code Civ. Proc. Specifically, Defendant has demonstrated, at a minimum, that Plaintiffs cannot establish the element of causation against the moving defendants herein. b) GRANTED, and unopposed Based on a review of the moving papers and supporting evidence, and in view of Plaintiffs' notice of non- opposition to the instant motion, the Court finds that Defendant, as the moving party, has met the burden of demonstrati...
2023.03.30 Pro Hac Vice, Motion for Summary Adjudication 309
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.30
Excerpt: ...uses of Action of Plaintiff's Complaint— GRANTED in part and DENIED; d) Plaintiff's Verified Application of Samuel A. Harding to Appear as Counsel Pro Hac Vice and Take Part in Case with Local Counsel —HEARING REQUIRED. a) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted in compliance with California Rules of Court, rule 9.40. b) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted...
2023.03.30 Petition to Compel Binding Arbitration, to Stay Matter Pending Hearing on Petition 115
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.30
Excerpt: ... the basis of medical records now available to Plaintiff and submitted to the Court, that Plaintiff was admitted to Defendant Almond Vista Healthcare Center's facility on June 29, 2022, and that the arbitration agreement between the parties was dated June 29, 2022. The Court also finds that Plaintiff has clarified that his allegations of elder abuse, specifically, the allegations of the unnoticed development of maggots in Plaintiff's wound, arose...
2023.03.29 Demurrer 791
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.29
Excerpt: ...without leave to amend on demurrer, or a motion for summary judgment, on the ground the complaint does not adequately raise that legal theory of liability. (Smith v. Wells Fargo Bank, N.A. (2005), 135 Cal.App.4th 1463, modified on denial of rehearing, review denied, on remand 2007 WL 5165852). Consequently, the Court finds that Plaintiff's failure to raise a Labor Code section 558.1 legal theory in his complaint is not fatal and is not a basis to...
2023.03.17 Motion to Compel, for Monetary Sanctions 626
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.17
Excerpt: ...s' withdrawal of this portion of their motion leaves only the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. at issue. As to the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. the Court GRANTS the Defendants' motion to compel responses, as modified to "all grower statements/invoices from 2011 to present evidencing the amounts charged to and paid by Stewart Ranches Partnership a...
2023.03.16 Motion for Protective Order, to Quash Deposition Notice, for Sanctions 814
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.16
Excerpt: ...party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code S 2025.310). The Court finds that Plaintiff's remote deposition will not inhibit Defendant's Counsel's ability to confer with Defendant in the course thereof or during breaks. The Court further finds, in light of Plaintiff's expressed concerns about Defendant's physical presence causing her anxiety and emotional distress, that...
2023.03.16 Demurrer 413
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.16
Excerpt: ...egal duty, breach of that duty by the Defendant, and damages caused by the breach. Plaintiff's complaint fails to state facts sufficient to state the necessary elements of her presumed cause of action (or any cause of action). Additionally, a cause of action for personal injury accrues at the time of the injury. (Wassmann v. South Orange County Community College District (2018) 24 Cal.App.5th 825). A two-year limitations period applies to an acti...
2023.03.14 Demurrer, Motion to Strike 051
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.14
Excerpt: ...regardless of their professional stand-ng, to carry out their custodial obligations. (Cal.Welf. & Inst.Code S 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) "Recklessness" refers to a subjective state of culpability greater than simple negligence, which has been described as a "deliberate disregard" of the "high degree of probability" that an injury will occur (BAJI No. 12.7...
2023.03.10 Motion to Compel Responses, Application for Protective Order and Appointment of Discovery Referee 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.10
Excerpt: ... Discovery Referee— a) Plaintiff Harpreet Dhaliwal's Motion to Com#l Responses to Form Interrogatories, Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee being appointed by the Court on this date. b) Plaintiff Harpreet Dhaliwal's Motion to Compel Responses to Requests for Production of Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee appointed by the Court on this date. c) Plaintiff Har...
2023.03.08 Motion to Sever Crossclaims 309
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.08
Excerpt: ...Dunes. Although Hisun settled with plaintiffs, Hisun remains a party to the action by virtue of its cross-complaint against L&K, as well as L&K's cross-complaint against Hisun. Before the Court this day is the continued hearing on Hisun's motion to “sever” (more accurately, to bifurcate) the cross- complaints. Bifurcation services two principal purposes: first, to prevent a waste of time and money resulting from a trial of unnecessary issues;...
2023.03.07 Motion to Permit Pre-Trial Discovery of Financial Condition, for Summary Judgment, Adjudication 836
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.07
Excerpt: ...the action.” (California Code of Civil Procedure, 2024.020). The Court also finds, on the basis of the supporting and opposing declarations, that Plaintiffs have not established there is a substantial probability they will prevail on their punitive damages claims. (California Code of Civil Procedure Sections 3294 & 3295). The Court further finds Defendant's financial records are publicly available. Plus, in conjunction with said publicly availa...
2023.03.03 Motion to Bifurcate Trial 348
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.03.03
Excerpt: ...y the judge, issues of fact shall be tried to the jury. Code of Civil Procedure section 592. Plaintiffs seek to bifurcate what they describe as issues of law – however, in reality what Plaintiffs seek to bifurcate are mixed issues of fact and law. Additionally, as noted by Defendant in its opposition, the issue of whether Defendant's pre-litigation offer was “sufficient” is not a “defense” in this mater – rather it is an essential ele...
2023.02.28 Motion for Prejudgment Possession 565
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.02.28
Excerpt: ...tion of the State Route 108/North County Corridor Phase 1 Project, and all uses necessary, incidental and convenient thereto. However, the Court finds that at this time, the balance of hardship weighs in Defendant's favor as the Relocation Assistance Program has not effectively discharged its obligations to “assure that the unique circumstances of any displaced person are taken into account” and to “assure that a person shall not be require...
2023.02.23 Demurrer 545
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.02.23
Excerpt: ...standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011). Neglect includes failure to assist in the provision of food and to protect from health and safety hazards. (CACI 3103, Welfare & Institutions Code § 15610.57). “Recklessness” refers to a subjective state of culpability greater than simple neglige...
2023.02.22 Motion to Compel Arbitration and Stay Pending Litigation 309
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2023.02.22
Excerpt: ... the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. The Cou...

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