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2021.03.18 Motion to Compel Discovery Responses, for Monetary Sanctions 595
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.03.18
Excerpt: ...inds that Defendant has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §§2031.300(a).) Therefore, Plaintiffs are entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. The Court further finds that Plaintiffs are entitled to an award of monetary sanctions in connection with Defendant's failure to respond to the subject di...
2021.03.18 Motion to Compel Arbitration and Stay Proceedings 653
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.03.18
Excerpt: ...here a valid agreement to arbitrate and, if so, (2) does the agreement cover the dispute or claims at issue? If the answer to both of these questions is yes, then a court must compel arbitration. (See e.g. Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960.) In addition, the Court specifically finds that there is not a risk of conflicting or inconsistent rulings as set forth in Code of Civil Procedure section 1281.2(c) and (d). In Plainti...
2021.03.17 Motion for Determination of Good Faith Settlement 309
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.03.17
Excerpt: ...t of the ballpark” as to be inconsistent with the equitable objectives of §877.6. (Ibid.) Therefore, pursuant to Code Civ. Proc.§ 877.6, a dismissal with prejudice is entered in favor of Hisun Motors Corp. USA as to any Complaints or Cross-Complaints presently on file, or deemed filed, against it. All existing or future claims by any party, joint tortfeasor, or co-obligor against Hisun Motors Corp. USA for implied indemnity, equitable indemni...
2021.03.16 Motion to Compel Further Deposition, Responses 511
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.03.16
Excerpt: ...deposition questioning of Defendant, at a minimum, with regard to the paystub documentation and video footage information that was produced/disclosed subsequent to the initial deposition proceeding. However, the Court finds that there are preliminary issues with regard to Defendant's initial responses to certain production requests (and subsequent refusal to identify or produce any such documents) that require resolution in order to determine whe...
2021.03.11 Application for Writ of Possession 085
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.03.11
Excerpt: ...he basis that Plaintiff has established the requirements for issuance of a writ of possession, subject to the filing of an undertaking. (Code Civ. Proc. §512.060.) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code Civ. Proc. §515.010 et seq., the information presented in the application demonstrates that Defendants possess an interest in the collateral that is the subject of the Loan & Securi...
2021.02.02 Motion for Summary Judgment 798
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.02.02
Excerpt: ...ity with regard to the claim of negligence herein and that there are no issues of material fact with respect thereto. (Gov. Code §§844.6, 845.6; Castaneda v. Department of Corrections & Rehabilitation (2013) 212 Cal.App.4 th 1051.) Further, in the absence of any opposition, Plaintiffs have failed to offer evidence which raises a triable issue of material fact in that regard. Therefore, the motion is granted and judgment shall be entered in favo...
2021.01.12 Motion for Summary Judgment 417
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.01.12
Excerpt: ...t. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiffs have failed to meet their burden in this regard, specifically with regard to the element of causation. Despite submission of an expert declaration, Plaintiffs have failed to demonstrate the existence of a material factual dispute as to whether Dr. Barandica's acts and/or omissions during his care and treatment of the patient constituted a substantial factor in the patient's injuri...
2021.01.07 Motion to Strike Punitive Damages 443
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.01.07
Excerpt: ... Based upon review of the moving and supporting papers, the Court finds that the allegations in the Complaint are insufficient to support a claim for punitive damages, and the motion is GRANTED as to such allegations and the prayer for punitive damages. However, it appears that Plaintiff may be able to assert additional facts in support of his claim in this regard. Therefore, Plaintiff shall file his First Amended Complaint within 20 days. Furthe...
2021.01.06 Motion to Compel Further Responses 616
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.01.06
Excerpt: ... is entitled to an order compelling Ms. Lebow to provide answers, without objection, to Form Interrogatories, Set One, within 30 days of service of notice of entry of the Court's order. With regard to the motion concerning Plaintiff's Request for Admissions, Set One, however, the Court finds that the subject discovery did not contain the proper caption and was not directed to Ms. Lebow as a defendant in the instant case. Therefore, the motion is ...
2020.12.22 Petition to Compel Arbitration, Dismiss Class Claims 495
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.12.22
Excerpt: ...monstrate that the agreement is unenforceable due to unconscionability. The Court does find some measure of procedural unconscionability inherent in the mandatory nature of the agreement. However, the Court finds that any surprise claimed by Plaintiff in connection with Defendant's efforts to compel his claims to arbitration are primarily the result of his failure to read the arbitration agreement before executing the same. Such failure does not ...
2020.11.24 Motion to Determine Prevailing Party, for Attorney's Fees 235
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.11.24
Excerpt: ...) The award in Plaintiff's favor represented only unpaid rents which Defendant conceded he owed at the outset, and both parties acknowledged that Defendant's attempt at payment of the same was rejected by Plaintiff in favor of pursuing his claims herein. Therefore, the Court concludes that Plaintiff did not realize his primary litigation objective and the resulting judgment represented a mixed result of both good news and bad news for both partie...
2020.11.20 Demurrer 721
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.11.20
Excerpt: ...ard to the Third and Fifth Causes of Action. The Third Cause of Action for Specific Performance fails to allege facts supporting the conclusion that Plaintiff has no adequate remedy at law. The Fifth Cause of Action for Promissory Estoppel fails on the grounds that the First Amended Complaint admits the existence of an enforceable contract. While it is presently unclear to the Court whether Plaintiff will be able to allege additional facts to cor...
2020.10.27 Motion for Summary Judgment, Adjudication 327
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.10.27
Excerpt: ...eparate statement. The Court has concerns, however, with regard to the narrow scope of evidence provided in support of the motion, particularly in view of the apparent existence of controverting evidence and Defendant's failure to identify and address the same. Had Defendant properly identified such items of evidence, the Court questions whether Defendant would have been able to carry his initial burden on the above-identified issues. In any case...
2020.09.29 Petition for Appointment of Arbitrator 193
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.09.29
Excerpt: ...ion for arbitration shall contain a declaration, under penalty of perjury, stating whether (i) the insured has a workers' compensation claim; (ii) the claim has proceeded to findings and award or settlement on all issues reasonably contemplated to be determined in that claim; and (iii) if not, what reasons amounting to good cause are grounds for the arbitration to proceed immediately. Although Claimant's motion claimed that a demand for arbitrati...
2020.09.29 Motion to Strike 458
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.09.29
Excerpt: ...e same injury, and the same instrumentality. Therefore, Defendant's challenge to the subject causes of action on statute of limitations grounds is DENIED. With regard to the enumerated items in Defendant's notice herein, Plaintiffs concede that Items 1 and 7 set forth in Defendant's notice are erroneous and require correction. In view of that concession, the motion is GRANTED as to those items and Plaintiffs are granted 20 days leave to submit th...
2020.09.16 Demurrer, Motion to Strike 194
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.09.16
Excerpt: ...– DENIED, as MOOT in view of the Court's ruling on the demurrer. 1. The Court finds that the allegations in the First Amended Cross-Complaint fail to state facts supporting the stated causes of action against the moving parties herein, Roberto Cuellar, Jr. and Robert Cuellar, Sr. Of note, while the demurrer appears to make certain arguments on behalf of the other named Cross-Defendants, moving counsel herein does not appear to represent such pa...
2020.08.26 Motion to Vacate Approval of PAGA Settlement 937
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.08.26
Excerpt: ...ated that his asserted interest is sufficiently “immediate, pecuniary, and substantial” to afford him the ability to challenge the judgment in the context of this PAGA action. (See, e.g. County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736.) (b) The Court finds that the non-party movant lacks standing to bring the instant motion. The moving party has not demonstrated authority for a non-party employee to challenge the judgment herein. Moreo...
2020.08.06 Motion to Compel Further Responses 016
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.08.06
Excerpt: ...ts for Production of Documents, Set No. Two, and request for Sanctions of $2,165 against Plaintiff Melodie Everson and her counsel of Record, Crabtree Schmidt – GRANTED. a) The moving party has demonstrated entitlement to an order compelling further responses to the subject interrogatories. The responses provided do not comply with the requirements of Code Civ. Proc. §2030.220 and 2031.320. Defendant shall provide further verified responses wi...
2020.08.05 Motion to Compel Deposition of PMK 722
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.08.05
Excerpt: ...ng papers do not demonstrate sufficient meet and confer efforts with regard to these issues. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone, with regard to potential compromise on the disputed issues herein, including but not limited to the date and location for the requested deposition to proceed. If the dispute cannot be resolved by continued good faith efforts, the parties shall file ...
2020.07.21 Motion for Attorney's Fees 299
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.07.21
Excerpt: ...t forth in Request for Admissions, Set Two. Defendant's responses to the remaining requests at issue in this motion (Items 9, 10, 12, 13, and 14) do not support the requested award, as such responses did not unequivocally refuse to admit the requested information but consisted of various objections and incomplete information, the sufficiency of which were never challenged by way of the procedure set forth in Code Civ. Proc. §2033.290 et seq. (Se...
2020.07.17 Demurrer, Motion to Strike 630
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.07.17
Excerpt: ...e to state the subject causes of action (Code Civ. Proc. §430.10(e).) “Oppression” and “Malice” are not recognized as independent causes of action under California law. As to the Fifth Cause of Action for Malicious Prosecution, the demurrer is sustained without leave to amend for failure to state the subject cause of action. (Code Civ. Proc. §430.10(e).) The legal elements of this claim cannot be sufficiently pleaded while the subject l...
2020.07.07 Motion to Compel Responses, Production of Docs, Demand for Inspection of Electronically Stored Info 327
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.07.07
Excerpt: ...and unopposed. With regard to Form Interrogatories, Set 2, and Request for Production, Set 2, it appears that Defendant has entirely failed to respond and all objections have been waived. (Code Civ. Proc. §§2030.290(a), 2031.300(a).) Therefore, Plaintiffs are entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. Further, the Court finds that Plaintiffs are entitled to an award ...
2020.07.02 Motion to Vacate All Pretrial Dates 284
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.07.02
Excerpt: ...der vacating the trial date, none of which can be attributed to the fault of any party herein, the Court finds that the interests of justice and a balancing of the equities dictate that any pretrial deadlines that had not expired prior to the issuance of the Court's order vacating the trial date should likewise be vacated and remain open, to be calculated from the new trial date once it has been assigned. The above ruling shall not apply to the d...
2020.06.18 Demurrer, Motion to Strike 054
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.06.18
Excerpt: ... Court finds that while isolated portions of the pleading may be ambiguous, the allegations are sufficient to apprise the Cross-Defendants of the conduct complained of. As to the asserted ground of misjoinder of parties (Code Civ. Proc. §430.10(d)), the Court finds that the factual allegations concerning Ms. Boer appear to be related to her position as an officer of the corporation, which is a named Cross-Defendant in the action. (b)The Court fi...
2020.03.06 Motion for Reconsideration, Renewed Motion to Set Aside Default, Judgment 812
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.03.06
Excerpt: ...of Defendant's request, he has failed to demonstrate why such materials could not have been submitted previously with the exercise of reasonable diligence. Therefore, the renewed motion is denied. Lastly, the Court declines to exercise its equitable powers to issue a different ruling on the underlying motion, as it finds that the materials submitted herein are not persuasive in establishing extrinsic fraud or mistake in connection with the proof ...
2020.02.28 Demurrer 038
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.02.28
Excerpt: ... to Code Civ. Proc. §364. Therefore, the demurrer to the First Cause of Action is OVERRULED. With regard to the Second Cause of Action, the Court finds it to be uncertain. (Code Civ. Proc. §430.10(f). To the extent that the Second Cause of Action restates Plaintiff Shabo's claim for wrongful death as a claim for “Loss of Consortium,” it involves the same primary right as that asserted in connection with the First Cause of Action and is, the...
2020.02.27 Demurrer, Motion to Strike 644
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.02.27
Excerpt: ...be time-barred. However, the Court must grant leave to amend if the plaintiff demonstrates a reasonable possibility that the defect might be cured. (Fox v. Ethicon Endo-Surgery (2005) 35 Cal.4 th 797, 810.) Here, Plaintiff's opposition has demonstrated a reasonable possibility that he may be able to state facts justifying the application of the tolling provisions of Code Civ. Proc. §352.1 and/or the delayed discovery rule to his claims in this m...
2020.02.25 Motion for Summary Judgment 301
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.02.25
Excerpt: ... Civ. Proc. §437c(p)(2).) The Court notes that Plaintiff's response lacks admissible evidence, as it consists primarily of what purports to be testimony that is not in the form of a declaration. (Code Civ. Proc. §2015.5.) Moreover, the Court notes that Plaintiff failed to submit a response to Defendant's Separate Statement of Undisputed Facts, as is required by Code Civ. Proc. §437c and Cal. Rules of Ct., rule 3.1350. While this failure alone ...
2020.02.14 Motion for Summary Judgment, Adjudication 791
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.02.14
Excerpt: ... of the stated causes of action. The Code dictates that a motion for summary adjudication may only be granted if the issue in dispute completely disposes of an entire cause of action, affirmative defense, a claim for damages or an issue of duty. As the Court reads the motion and separate statement, Defendants set forth multiple separate issues related to the element of duty as well as additional separate issues related to the elements of breach a...
2020.02.07 Motion for Summary Judgment, Adjudication 171
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.02.07
Excerpt: ...only remaining cause of action at issue. Specifically, Plaintiff admits that Defendant granted all of her requests for accommodation during her employment. (UMF11-13; Plaintiff's Additional UMF 47, 54.) The additional facts argued by Plaintiff with regard to the allegedly pretextual reasons for her discharge are irrelevant to a claim under Gov. Code §12940(m). (Jensen v. Wells Fargo Bank (2000) 85 Cal.App.4 th 245.) Plaintiff's Objections to Def...
2020.01.17 Motion to Compel Responses, for Monetary Sanctions 925
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.01.17
Excerpt: ...ion, to the subject discovery within 30 days of service of notice of entry of the order. Plaintiff's request for monetary sanctions is denied. A pro per litigant is not entitled to recover reasonable attorney's fees in connection with a motion to compel discovery. (Kravitz v. Superior Court (Milner) (2001) 91 Cal.App.4 th 1015.) While expenses actually incurred in connection with the failure to respond to discovery may be recoverable, Plaintiff h...
2020.01.17 Motion to Compel Production of Docs 309
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.01.17
Excerpt: ...in this motion with additional time and effort expended in good faith. The Court's assessment in this regard is based on the fact that both parties appear to demonstrate a willingness to compromise to some degree in order to reach an acceptable resolution of the issues presented. Therefore, the hearing is continued for this purpose and counsel are instructed to continue to meet and confer in good faith. If such efforts prove unsuccessful at resol...
2020.01.09 Motion to Compel Deposition 843
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.01.09
Excerpt: ... testimony and has not otherwise been authenticated, making it inadmissible hearsay. Despite the above-referenced deficiencies in the moving and supporting evidence, the Court finds that Plaintiffs' counsel's declaration raises an issue with regard to his client's current ability to submit to a deposition based on events which apparently transpired after the instant motion was filed. For that reason, the hearing is continued and counsel are instr...
2020.01.09 Motion to Compel Answers 437
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2020.01.09
Excerpt: ...endant is entitled to an order compelling Plaintiff to provide answers, without objection, to the subject discovery. Due to the impending trial date, Plaintiff shall serve such answers within 10 days of the date of the hearing. Further, the Court finds that Defendant is entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.290(c), 2031.300(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff is ordered to pay $...

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