Excerpt: ... statement or writing made before a legislative, executive, or ju d ic ia l p r o c e e d in g , o r a n y o t h e r o f f ic ia l p r o c e e d in g a u t h o r ize d b y la w ”. (C C P §425.16(e); Equilon Enterprises v. Consumer Cause, Inc., (2002) 29 Cal. 4th 53, 67; Brown v. Depart ment of Corr ., (2005) 132 Cal. App. 4th 520) . The Court further finds that Plaintiff has not proffered any admissible evidence demonstrating the probability t...

Excerpt: ...ceeded to judgment on May 1, 2024 in favor of Plaintiff for possession . The writ of execution was issued May 2, 2024 . On May 14, 2024, Defendant filed this ex parte motion to stay execution of the writ. Defendant indicates she is pregnant and needs additional time to move out and obtain assistance with moving out . D e f e n d a n t in d ic a t e s n o t ic e w a s p r o v id e d t o P la in t if f 's c o u n s e l v ia v o ic e m a il . Author...

Excerpt: ...listed categories and requests. (Code of Civil Proc. §§ 2017.010 and 2025.450 (a); W illia m s v. Su p .Ct . (Ma r s h a lls o f C A, LLC ) 3 Cal.5th 531, 541; Eme rs o n Ele c . Co . v. Su p .Ct . (Gra ys o n ) (1997) 16 Cal.4th 1101, 1108; Obregon v. Sup.Ct. (Cimm's, Inc.) (1998) 67 Cal.4th 424, 434) . Borse v. Superior Court In and For Sacramento County (1970), 7 Cal.App.3d 286.) . Regarding Defendant's claims of attorney client privileg...

Excerpt: ... Court has discretion, this initial statement is in c orrect; Petitioner does not have as a matter right to attorney fees by virtue of winning the case. Petitioner is cautioned not to make inaccurate statements of la w . The Court has wide discretion for finding attorney's fees to be warranted. (Code Civ. Proc. § 527.6(s), Elster v. Friedman (1989) 211 Cal.App.3d 1439. ) In this case there were two substantive claims: 1. A bathroom fight in whic...

Excerpt: ...e responses to Plaintiff's Special Interrogatories and Requests for Produ ction, and to produce the requested documents, without o b je c t io n. The Court further finds that Defendants' conduct constitutes an abuse of the discovery process and renders terminating sanctions appropriate herein. (Code of Civ il P r o c . §2023.030; Cit y of Los Angeles v. Pricewa t erhouseCoopers, LLC , (2022) 84 Cal.App.5th 466; Los Defensores, Inc. v. Gomez (201...

Excerpt: ... Civil Procedure § 425.16(c)(1) provides that “a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.” The phrase “shall” is mandatory. (See Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131. ) Defendant has requested fees in the amount of $32,225.20, “in addition to such other fees and costs Reeves may incur in drafting a reply in support of this Motion and/ or...

Excerpt: ...t, “Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affe ct ing t he pub lic interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one pu...

Excerpt: ...itration is a matter of contract, generally ‘ “one must be a party to an arbitration agreement to be bound by it or invoke it.” ‘ [Citations.]” ( DMS Services, LLC v. Superior Court (2012) 205 Cal.App.4th 1346, 1352.) “However, both California and federal courts have recognized limited exceptions to this rule, allowing nonsignatories to an agreement containing an arbitration clause to compel arbitration of, or be compelled to arbitra ...

Excerpt: ...Sanctions against Defendant and/ or its Attorneys of Recor d – GRAN TED , in p a r t , a n d D EN IED , in p a r t . Preliminarily, the Court notes it continued these matters and gave Plaintiff the opportunity to cure the defect of failing to file the separate statements required by rule 3.1345 of the California Rules of Court. The separate statements Plaintiff then submitted were defective because they did not address each request individually...

Excerpt: ...ode of Civil Procedure. Following the arbitrator's decision, any party may petition the court t o co nfirm or vacate the arbitration award under section 1285 of the Code of Civil Procedure. If the arbitrator determines that Adolph is an aggrieved e m p lo ye e in t h e p r o c e s s o f a d ju d ic a t in g h is in d iv id u a l P AGA c la im , t h a t d e t e r m in a t io n , if c o n f ir m e d a n d r e d u c e d to a final judgment (Code...

Excerpt: ...lerio is SUSTAIN ED in f u ll. Defendant argues that the intent and knowledge of the parties is such that it can be judicially noticed. He argues “Defendant understands that evidence is not, strictly speaking, admissible of purposes of ruling on demurrer.” This is a correct statement ev en without the “strictly speaking,” clause . Judicial notice may not be taken of any matter unless authorized or required by la w . (Ev id . C o d e , § ...

Excerpt: ...INUED, on the Court's own motion . (a ) There is no dispute between the parties as to Defendant's entitlement to the re que st e d discove ry. In the absence of demonstrated justification for said presence, the Court finds that Plaintiff's Counsel is not entitled to be present for said Independent Medical Examination. ( Golfland Entertainment Centers, Inc. v. Superior Court (2003) 108 Ca l.Ap p .4 t h 7 3 9 ; Vin s o n v. Su p e r io r Co u r t (...

Excerpt: ... the amount of $1,060.00 against Defendant and Defendant's Counsel – GRANTED, and unopposed; c) P la in t if f 's M o t io n t o Compel Further Responses to Demand for Production, Set One from Defendant, Mid Valley Agricultural Services, Inc; Request for Sanctions in the amount of $1,060.00 against Defendant and Defendant's Counsel – GRAN TED , a n d unopposed; d) Plaintiff's Motion to Compel Further Responses to Request for Admissions, Set O...

Excerpt: ...evidence conclusively disproves each element necessary to support Plaintiffs' recovery for wrongful death and survival premised upon professional negligence - breach of duty, causation, and resultant damages, and also conclusiv ely disproves the elements of causation and resultant damages that are necessary to support Plaintiffs' recovery for either wrongful death or survival premised upon professional negligence . Further, Defendants' evidence e...

Excerpt: ... Fund Insurance Co m p a n y (2022) 81 Cal.App.5th 96, 104- 105.) The Court therefore assumes the allegations are factual for the purposes of this motion. Here, Plaintiffs allege that the employees were negligently hired in the second cause of action, and negligently supervised and trained in the third cause of action. Plaintiffs' argument is that the failure – acknowledged by Defendants – to a v o id t h e w it h d rawal of money by unauthor...

Excerpt: .... Dept . of Fin., (2022) 79 Cal. App. 5th 431,), as modified on denial of reh'g (May 31, 2022), review denied (Aug. 10, 2022) . The Court also finds that said alleged agreement, were same enforceable, is violative of the Statute of Frauds in that it relates to “An agreement for the le asing for a longe r pe riod than one ye ar, or for t he sale of re al prope rt y, or of an interest therei n.” but was not in writing. (Civ. Code § 1624; M...

Excerpt: ...ify whether the Plaintiff viewed the English - o r Sp a n is h -language version of the arbitration agreement. It appears from the record that it was the Spanish version, though that is u n c le a r . If Defendant does not know which version it is, the use of the English version is a d d it io n a l e v id e n c e t h a t P la in t if f d id n o t p e r s o n a lly a g r e e t o a r b it r a t io n . If it is t h e Spanish version, such version s...

Excerpt: ...tes the indemnitor to reimburse the indemnitee for any damages the indemnitee becomes obligated to pay third persons —that is, it relates to third party claims, not attorney fees incurred in a breach of contract action between the parties to the indemnity agreement itself. ( Alk i Pa rt ners, LP v. DB Fund Servs ., LLC, (2016) 4 Cal. App. 5th 574 ; Ca rr Bus. Ent erprises, Inc. v. Cit y of Chowchilla , (2008)166 Cal. App. 4th 14) . The Court fu...

Excerpt: ... 2017.010 and 2030.300 ; W illia m s v. Su p .Ct . (Ma r s h a lls o f CA, LLC) 3 Cal.5th 531, 541 Em e r s o n Ele c . Co . v. Su p .Ct . (Gra ys o n ) (1997) 16 Cal. 4th 1101; Obregon v. Sup.Ct. (Cimm's, In c . ) (1998) 67 Cal.4th 424, 434) . Regarding Defendant's claims of attorney client privilege and attorney work product the Court finds that Defendant did not provide sufficient factual in f o r m a t io n t o p e r m it a n e v a lu a t...

Excerpt: ...f demonstrating that Plaintiff does not possess the evidence to conclusively establish that said asphalt grindings were spilled by an employee/ contractor working on the Teichert / Caltrans Highway 99 jobsite on the date of Plaintiff's accident. (Code of Civil Procedure § 473c; Ag u ila r v . At la n t ic Ric h fie ld Co . , 25 Cal.4th at 850). (Defendants/ Cross Defendant's UMFs Nos. 20 - 23). However, the Court also finds that the available ev...

Excerpt: ...ld file a Second Amended Complaint but did not prior to the demurrer hearing. The Court granted additional time to do so and set timelines for filing and set a demurr er hearing date . On April 3, 2024, the Court expressed puzzlement that no opposition to the demurrer to the Second Amended Complaint was filed. Plaintiffs' counsel said she believed she could submit on her original opposition. Defense counsel and the Court thought the dire ctions w...

Excerpt: ...ty and to each cause of action on the ground that each fails to state sufficient facts to constitute a cause of action against it. For the reasons set forth below, the special demurrer and general demurrer are SUSTAINED, in full, with 30 days' leave to amend . Uncert a int y This is one of the rare cases where sustaining a special demurrer on the grounds of uncertainty is warranted. Defendant GBS was added to the pleading in place of Doe 1. No ot...

Excerpt: ... timekeepers, the nature of the work performed, the customary billing rate for each timekeeper, and the prevailing rate for comparable legal services in the co mmunity. ( Serrano v Unruh (Serrano IV) (1982) 32 Cal.3d 621, 643; Serra no v Priest (Serra no III) (1977) 20 Cal.3d 25, 48.) The Court itself has e xp e r ie n c e f r o m h is y e a r s in t h is c iv il la w a s s ig n m e n t r e v ie w in g a n d d e t e r m in in g attorney fee motio...

Excerpt: ...r granting preliminary approva l. Having considered the unopposed motion herein and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable, and adequate, and satisfies the standards for final approval under Californ ia la w . (Civ il Co d e § 1 7 8 1 ; Co d e Civ . Proc. § 382; Cal. R. Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed set...

Excerpt: ... of Anaheim ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Industries , Inc., (1979) 94 Cal. App. 3d 895, 900,) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568). Furthermore, an appurtenant easement is a part of, and cannot b...