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2022.02.24 Petition to Compel Arbitration 856
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.24
Excerpt: ...een the parties to arbitrate the claims at issue in the operative Complaint. Although the parties did agree to arbitrate “any dispute arising from enrollment (excluding non‐ payment of tuition or fees),” the term enrollment is ambiguous. Whether it is to be interpreted against the defendant (Civil Code §1654) or still in favor of arbitration (Western Bagel Co., Inc. v. Superior Court (2021) 66 Cal.App.5th 649, 663‐668), enrollment is gen...
2022.02.24 Demurrer to TAC 432
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.24
Excerpt: ...on were at issue in the earlier demurrer, which this Court sustained. Demurrer to the 1 st cause of action for breach of the 05/22/20 Commercial Property Purchase Agreement is sustained based entirely upon plaintiffs' concession thereto and express representation that the claim will be voluntarily dismissed. Demurrer to the 4 th cause of action for promissory fraud is sustained without leave to amend, but without prejudice to a later motion for l...
2022.02.24 Motion for Terminating Sanction, to Amend Complaint 851
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.24
Excerpt: ... to either motion, and indeed has not been heard from since he DocuSigned the substitution of attorneys on 08/30/21. The motion for terminating sanctions is DENIED without prejudice. The discovery statutes evince an incremental approach to discovery sanctions, starting with monetary sanctions and ending with the ultimate sanction of termination. Cedars–Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. Although this Court has broad...
2022.02.23 OSC Re Preliminary Injunction 032
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.23
Excerpt: ...he Court this day is plaintiff's application for a preliminary injunction barring defendant from taking possession, despite an order from the related UD action (UD‐21‐000303) that she surrender possession. The application for preliminary injunction is DENIED in part and GRANTED in part. The proper way to stay an eviction order is through the UD bench officer issuing the order (or through the appellate channels associated therewith). See CCP �...
2022.02.23 Motion to Quash Service of Summons 617
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.23
Excerpt: ...es of action alleged in the operative pleading. The oral/implied contract upon which plaintiff sues was negotiated and formed in California by members residing in California. That the contract ultimately inured to the benefit of an Arizona entity is of no consequence since the Arizona entity did not exist when the oral contract was consummated, and subsequent incorporation does not erase or sanitize the extensive California contacts made to secur...
2022.02.18 Motion to Quash Deposition Subpoena 652
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.18
Excerpt: ...ticularly in view of the parties' stipulated protective order. Even assuming arguendo that P can establish the above‐described elements, Defendant has demonstrated that the subject discovery is directly relevant to the claims herein and that less intrusive methods are unavailable, based on Plaintiff's own conduct with regard to other methods of discovery in this action. ...
2022.02.18 Demurrer, Motion to Strike 732
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.18
Excerpt: ...otion, the demurrer and motion to strike directed at the First Amended Complaint is continued to 04/12/22 at 8:30 a.m. in this department. The demurrer and motion to strike currently on calendar for 03/10/22 is hereby advanced to today's date and continued to 04/12/22 at 8:30 a.m. in this department. The CMC currently on calendar for 03/14/22 is hereby advanced to today's date and continued to 06/13/22 at 8:30 a.m. in this department. All future ...
2022.02.17 Petition to Compel Arbitration and Stay Court Proceedings 420
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.17
Excerpt: ...ing arbitration, pursuant to the lengthy arbitration clause printed on the back of the Retail Installment Sale Contract. On a motion to compel arbitration under Code of Civil Procedure §1281 et seq, the moving party has 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 c...
2022.02.17 Motion to Compel Further Responses, for Sanctions, to Compel Deposition of PMQ 626
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.17
Excerpt: ...D; c) Defendants' Motion for Summary Judgment, or in the Alternative, for Summary Adjudication –SUMMARY JUDGMENT DENIED; SUMMARY ADJUDICATION GRANTED, in part, and DENIED, in part. (a), (b) The Court is inclined to consider the appointment of a discovery referee in this matter, based on the numerous time‐consuming discovery issues requiring resolution as well as the history of discovery disputes and the parties' inability to informally resolv...
2022.02.16 Motion for Summary Judgment, Adjudication 373
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.16
Excerpt: ...f in His Complaint –SUMMARY JUDGMENT GRANTED, and unopposed. a) Defendant, as the moving party, has demonstrated entitlement to judgment on the claims asserted in Plaintiff's Complaint. Based the declarations of Rudy Baca, Xavier Baca, Robert Fores, the evidence submitted therewith, and the matters subject to judicial notice, and in the absence of opposition, the Court concludes that Defendant owed no duty to Plaintiff based on the fact that he...
2022.02.16 Motion to Compel IME 074
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.16
Excerpt: ...ures contemplated by Dr. Rogers is insufficient to allow the Court to draft the order with the degree of specificity required by law. (Code Civ. Proc. §2032.320(d); Carpenter v. Superior Court (Yamaha Motor Corp.) (2006) 141 Cal.App.4 th 249.) Therefore, counsel shall appear at the hearing to present such information to the Court. In addition, counsel shall meet and confer with regard to an anticipated date of the exam to be included in the orde...
2022.02.16 Motion for Summary Judgment, Adjudication 373
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.16
Excerpt: ...f in His Complaint –SUMMARY JUDGMENT GRANTED, and unopposed. a) Defendant, as the moving party, has demonstrated entitlement to judgment on the claims asserted in Plaintiff's Complaint. Based the declarations of Rudy Baca, Xavier Baca, Robert Fores, the evidence submitted therewith, and the matters subject to judicial notice, and in the absence of opposition, the Court concludes that Defendant owed no duty to Plaintiff based on the fact that he...
2022.02.15 Special Motion to Strike Causes of Action in Master Complaint 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.15
Excerpt: ...ludes Kevin and Pauline Doan (successful Vietnamese farmers), Harpreet Dhaliwal (gas station operations), and Amanda Bui (attorney and investment advisor). The “defendant group” includes Nirmal Singh (successful businessman), his long‐ standing attorneys, and various persons/entities associated with his business. Before the Court this day is a special motion to strike, directed at seven of the eight causes of action in the Plaintiffs' Maste...
2022.02.15 Petition to Compel Arbitration 856
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.15
Excerpt: ...on clause covering “any dispute arising from enrollment” (emphasis added) is broad enough to cover torts committed by defendant's employee during periods of instruction, which is controlled in part by the related question of whether the FAA actually applies to the substantive question of how to resolve ambiguities. See Victoria v. Superior Court (1985) 40 Cal.3d 734; Nixon v. AmeriHome Mortgage Company, LLC (2021) 67 Cal.App.5th 934; Western ...
2022.02.15 Motion for Reconsideration of Order Granting Motion to Compel Further Responses 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.15
Excerpt: ...caped a discovery referee and/or a sizable monetary sanction – would ask this Court to revisit that order. Nevertheless, Code of Civil Procedure §1008(a) requires that any motion for reconsideration be supported by an affidavit from the moving party setting forth “what new or different facts, circumstances, or law are claimed to be shown.” The motion is not properly presented as one for statutory reconsideration under Section 1008 because ...
2022.02.15 Motion for Leave to File SAC 844
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.15
Excerpt: ... will not be prejudiced by the proposed amendment, particularly in view of the fact that Defendant would have no ability to conduct further discovery on the newly alleged claims should the amendment be allowed. Lastly, the Court notes that the motion fails to comply with the requirements set forth in Cal. Rules of Ct., rule 3.1324 in that Plaintiffs failed to identify by page, paragraph and line number any additions/deletions from the previous ve...
2022.02.10 Application for Writ of Possession 576
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.10
Excerpt: ...ty of its claim to possession and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. Based on the pleadings before the Court, Plaintiff has established the probable validity of his conversion claim since the evidence suggests defendant has no intention of completing the work or returning the vehicle. Plaintiff has shown a right to immediate possession of the vehicle and...
2022.02.09 Motion for Summary Judgment 723
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.09
Excerpt: ...on of public property. As to the former, defendant has established the absence of evidence that any City employee is liable for any omission or commission relative to the identified sidewalk, and thus no basis for respondeat superior. Plaintiff has presented no evidence to create a triable issue of fact hereon. As to the latter, while plaintiff does present a triable issue of fact regarding the existence of a dangerous condition of public propert...
2022.02.09 Demurrer 455
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.02.09
Excerpt: ...to obtain counsel, Defendant was not represented by counsel until recently. Demurrers should be filed within 30 days with an extension of 30 days available (Code Civ. Proc. Section 430.40). The Court may still hear it if there is good cause to overlook the late filing (Jackson v. Doe (2011) 192 Cal.App.4th 742), but this filing is about 18 months late and the fault of the defense. Defendant is ordered to file an answer within 10 days or be subjec...
2022.02.09 Demurrer 108
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.09
Excerpt: ...for strict product liability. According to the defense, this cause of action is time‐barred and not sufficiently similar to plaintiff's viable claims to relate back. The demurrer is OVERRULED. At the pleading stage, defendant must negate relation back, and in this instance the allegations supporting the original negligence claim and the new product liability claim appear to be based on the same general set of facts, seek recovery against the sa...
2022.02.09 Motion to Compel Deposition 362
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.02.09
Excerpt: ...ose CA; c) Motion to Expunge Lis Pendens and for Attorneys' Fees and Costs – 30 W Reed, San Jose CA; d) St Motion to Expunge Lis Pendens and for Attorneys' Fees and Costs – 425 N 7 th St, San Jose CA – a) Samuel Orozco's Motion to Expunge Lis Pendens Re: 458 N. 7th Street, San Jose CA – Continued from Tuesday, 2/1/22, to Wednesday, 2/9/22: Respondent Samuel Orozco's Motion to Expunge Lis Pendens filed against 458 N. 7 th Street, San Jose,...
2022.02.09 Motion to Compel Responses, for Monetary Sanctions 236
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.09
Excerpt: ... to the subject discovery and all objections are waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2030.290(c), 2023.010(d), 2023.030(a); Cal. Rules of ...
2022.02.09 Motion to Strike 711
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.02.09
Excerpt: ... The reply brief starts, “Plaintiff's opposition to defendant's motion […] appears to be speaking to a complaint other than the one that was actually filed.” The reply brief is correct. The complaint alleges that they knew or should have known of the condition. It does not allege that Defendant actually knew of it. There are no specific facts provided that indicate any specific individual person was aware of the issues. The conclusions of t...
2022.02.09 Motion to Compel Further Responses, for Monetary Sanctions 322
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.09
Excerpt: ... Montenegro and for Monetary Sanctions against Frank E. Montenegro and Celia M. Montenegro, R. Dewey Wheeler, Luanne Rutherford and McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP, pursuant to CCP Section 2031.310(H); c) Plaintiffs' Motion to Compel Further Responses to and Further Production in Reponses to the First Set of Demands for Inspection and Copying from Frank E. Montenegro and for Monetary Sanctions against Frank E. Montenegro a...
2022.02.04 Motion for Protective Order 626
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.04
Excerpt: ...g discovery thus far confirms that she has percipient knowledge about the entity defendants' handling of the issues presented by P's claims in this case. Additionally, as it appears that the discovery conducted thus far has not been effective in revealing the extent of Ms. Cunliffe's knowledge or involvement regarding such issues, Plaintiff has demonstrated that Ms. Cunliffe possesses superior or unique knowledge of the same. Counsel shall meet a...
2022.02.03 Motion for Summary Judgment, Adjudication 201
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.03
Excerpt: ...monstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...
2022.02.03 Application for Writ of Possession 576
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.03
Excerpt: ...sion shall issue after a noticed hearing if (1) the plaintiff has established the probable validity of its claim to possession and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. Based on the pleadings before the Court, Plaintiff has established the probable validity of his conversion claim since the evidence suggests defendant has no intention of completing the work...
2022.02.02 Motion to Vacate Judgment 453
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.02.02
Excerpt: ...ternative for reconsideration of the order granting the motion for summary judgment. The motion for relief in the alternative is DENIED. First, there is no legal nor factual basis presented for setting aside the Judgment under CCP §473, which was necessary after defendants prevailed on their summary judgment motion. Second, regarding the motion for summary judgment itself, the time to seek reconsideration of the determination on the motion has a...
2022.02.01 Motion to Compel Further Responses, for Monetary Sanctions 322
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.01
Excerpt: ... at 8:30 a.m. in Department 24. This is a residential tenancy dispute commenced by way of complaint on August 12, 2021. The Court notes this is the first of thirty‐two (32) discovery motions – on calendar in this matter through February 9, 2022. The eight (8) motions on calendar on this date are brought to compel further responses to every inquiry included in Plaintiffs' first set of Judicial Council Form Interrogatories. The separate stateme...
2022.02.01 Demurrer, Motion to Strike 693
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.02.01
Excerpt: ...ual abuse by a nurse (causing emotional distress), neglect and abandonment by failing to bring plaintiff food and leaving him in the shower (causing emotional distress), and pharmaceutical abuse (causing plaintiff to fall in the shower). Defendant's demurrer and motion to strike are directed at most of the charging averments in the operative Fourth Amended Complaint. The demurrer is based on the failure to state, as well as on grounds of uncertai...
2022.01.28 Motion to Vacate Judgment and Set Aside Default 593
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.28
Excerpt: ...on, defendant explains his ignorance about the need to tender such fees, including the defective advice he received from a third‐party legal service provider, which together qualifies for discretionary relief under Code of Civil Procedure section 473(b). See, e.g., Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 697; Shapiro v. Clark (2008) 164 Cal.App.4th 1128, 1140‐ 1141. Moreover, defendant could have avoided the first appearance fee ...
2022.01.28 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.28
Excerpt: ... and the documents of which the Court takes judicial notice – demonstrate that Defendant is entitled to summary judgment. Where a party has made a prima facie showing that it is entitled to summary judgment, it "causes a shift, and the opposing party is then subjected to a burden of production of [their] own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th...
2022.01.28 Motion for Entry of Judgment 022
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.28
Excerpt: ... and the April 2015 transfer of House's shares in Pollination Inc. to the corporation and (2) providing other relief in accordance with sections 3439.07 and 3439.08 and this opinion.” On the same day that plaintiff filed this motion, this Court issued a Minute Order setting a hearing for March 1, 2022, with a briefing schedule commensurate therewith, to address the second part of the Court of Appeal order. Where a reviewing court reverses a jud...
2022.01.26 Demurrer, Motion to Strike 107
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.26
Excerpt: ...fs' causes of action for elder abuse and wrongful death do not state sufficient facts is OVERRULED. However, this Court finds that both causes of action as pled are uncertain and on that ground the Defendants' demurrer is SUSTAINED, with leave to amend. Plaintiffs have not carefully considered the scope of a survival action versus the wrongful death action, and in neither instance are the allegations contained in the complaint adequately tethered...
2022.01.26 Demurrer 231
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.26
Excerpt: ...uses of Action for slander of title and quiet title require that the plaintiff own or have an interest in the property but the foreclosure has already occurred. These defects cannot be cured, and therefore, the Demurrer is SUSTAINED, without leave to amend, as to the Third, Fifth, Seventh, and Eighth Causes of Action. The First Cause of Action (Fraud), Second Cause of Action (Unconscionable Contract), Fourth Cause of Action (Wrongful Foreclosure)...
2022.01.26 Motion to Compel Further Discovery Responses 227
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.26
Excerpt: ...tions are generally deemed substantial enough, particularly when deemed necessary to hire an outside investigator); and ii) the allegations were founded (i.e. discipline was imposed). (See, Marken v. Santa Monica‐Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250, 1271‐1276; see also, Associated Chino Teachers v. Chino Valley USD (2018) 30 Cal.App.5th 530, 541‐ 543; see also, newly enacted 2019 statutes disfavoring withholding of sexua...
2022.01.26 Motion for Summary Judgment 466
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.26
Excerpt: ...otor vehicle accident on October 19, 2016 at a round‐about in Escalon. Plaintiff Kim Worcester was sleeping as a passenger in a 2003 Chevrolet Silverado truck. Defendant Tisa Conner's son, Nathan Conner, was driving a 2002 Chevrolet Tahoe. Defendant Tisa Conner owned and insured the 2002 Tahoe driven by Mr. Conner. (Undisputed Material Fact [hereinafter, “UMF”] # 4; Declaration of Tisa Conner [hereinafter, “Conner Decl.”] at ¶ 2.) Mr. ...
2022.01.26 Motion for Summary Judgment, Adjudication 362
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.26
Excerpt: ...ty, has met the burden of demonstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...
2022.01.25 OSC Re Contempt 479
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.25
Excerpt: ...he evidence presented is inconclusive and amplified by conjecture. In opposition to the application, Defendant admits to receiving a hierarchy table from his son after the issuance of the injunction and before his son stopped working for Plaintiff. According to Defendant, the hierarchy chart was (1) not proprietary at all, (2) not used in any way and (3) shared for innocent reasons (Defendant's son was “boasting”). Although this hierarchy cha...
2022.01.21 Motion to Enforce Settlement, for Sanctions and Costs 392
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.21
Excerpt: ...Plaintiffs' motion asserts that such forms have been provided, the correspondence attached to counsel's declaration does not confirm this information, and the defense indicates that such documentation has not been provided for Plaintiffs Rosa and Brian Cornejo. Counsel shall appear to advise the Court of the status of this exchange, as it appears the settlement can be concluded if such alternate documentation can be provided. ...
2022.01.21 Motion for Summary Judgment, Adjudication 362
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.21
Excerpt: ...ima facie entitlement to adjudication of the subject causes of action based on the existence of a contractual release of liability executed by the decedent, the Court finds that Plaintiffs have met their burden of demonstrating the existence of material factual disputes precluding judgment on that basis. At a minimum, Plaintiffs have introduced admissible evidence supporting their assertion that the decedent lacked the capacity to enter into the ...
2022.01.21 Motion for Attorney Fees, to Strike or Tax Costs 017
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.21
Excerpt: ...the lack thereof. However, petitioners are entitled to fees under CCP §1021.5 because they were successful in an action which has resulted in the enforcement of an important right affecting the public interest, and which conferred a significant benefit to a large class of persons. Additionally, Respondents' request to disallow fees associated with the motion to strike the prayer for attorney fees is GRANTED. Hearing on the Petitioners' motion is...
2022.01.20 Motion to Confirm Writ Hearing and Briefing Procedures for the Remedy Phase 186
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.20
Excerpt: ...tter for “trial” on the merits. Based on the parties' pleadings, the essential dispute apparently centers around the “right” to present “live” testimony at the hearing, including the “right” to do so unique to the fourth cause of action for disgorgement. However, given the unique nature of writ proceedings, there is no “right” to present “live” testimony at any hearing the Court conducts, and a determination by this Court ...
2022.01.20 Demurrer, Motion to Strike 338
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.20
Excerpt: ...endant has not shown clearly, positively and unmistakably from the text alone that Code of Civil Procedure section 340.1(q) and/or Government Code section 905(m) violate either the constitutional right to due process or the proscription against gifts of public funds. Defendant's general demurrers against the first and/or second causes of action for failure to state facts sufficient to state a cause of action are SUSTAINED with twenty (20) days le...
2022.01.19 Motion for Sanctions 327
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.19
Excerpt: ...ourt will issue sanctions under Code Civ. Proc. section 177.5 for failing to follow the Court's direct orders. If it was filed, the Court anticipates a clear explanation of how this motion was permissible given that a ruling had already been made. The Court is likely to issue a case management order requiring leave of court to file any further section 128.7 motions by either side, and will accept argument on whether it should do so. Some backgrou...
2022.01.19 Demurrer, Motion to Strike 666
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.19
Excerpt: ... 893, 938.) A complaint must be read as a whole. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer for failing to state facts sufficient to constitute a cause of action must be to the entire cause of action, not specific factual allegations. (Code of Civ. Proc. §430.10(e).) The eight allegations identified in the demurrer as supporting the nuisance claim, when read as a whole, sufficiently state the elements for a private nuisance claim. (...
2022.01.19 Demurrer, Motion to Strike 277
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.19
Excerpt: ...motional distress, and public nuisance. (Code Civ. Proc. §430.10(e).) The amendments included in the present version of the pleading are minimal and appear to consist only of contentions and conclusions rather than additional factual allegations supporting the same. Therefore, based on the allegations in the Second Amended Complaint, it appears that the action sounds in negligence. As Plaintiff has failed to demonstrate the ability to allege any...
2022.01.19 Motion for Summary Judgment 458
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.19
Excerpt: ...that does not meet the requirements set forth in Code Civ. Proc. §437c(f)(2). Upon review of the papers related to that issue, the Court finds that Defendant has demonstrated that the instant motion is based on a different legal theory and changed circumstances from the first motion and is, therefore, permissible in the exercise of the Court's discretion. As Mr. Shaw submitted no substantive opposition to the defense's undisputed material facts ...
2022.01.19 Petition to Compel Individual Arbitration 589
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.19
Excerpt: ...�related claims to arbitration. Plaintiff does not deny signing the agreement and provides no evidence to support his contention that the agreement was “required” as a condition of his employment with Defendant or that he was otherwise compelled to sign the agreement. There is no evidence of procedural unconscionability. While at the time Defendant moved to compel arbitration of Plaintiff's individual claims, the operative complaint did not c...
2022.01.19 Motion to Compel Deposition 629
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.19
Excerpt: ... for a deposition. Defendant's request for monetary sanctions is DENIED. Though not in perfect form, plaintiffs' “Notice to Cancel and Reschedule” is the functional equivalent of a motion for an unfiled protective order, which should have caused counsel to resolve the scheduling issue rather than seeking fees and a court order. See CCP §§ 2025.420(b), 2025.450(b)(2); Leko v. Cornerstone Building Inspection Service (2001) 86 Cal.App.4th 1109...
2022.01.19 Petition for Relief from Provisions of Government Code 945.4, or to Accept Government Court Action as Timely 470
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.19
Excerpt: ...r applied for a late claim or that the Board ever took action of Petitioner's application for late claim, and therefore the jurisdictional requirement for this Petition has not been met. (Gov't. Code 946.6(b); Nguyen v. Los Angeles Cty. Harbor/UCLA Medical Ctr. (1992) 8 Cal.App.4th 729, 732.) However, an application to file a late claim would relate back to the original claim and deadlines commensurate therewith. (Gov't. Claim 910.6(a); Sofranek ...
2022.01.13 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.13
Excerpt: ...her First Amended Complaint ‐ CONTINUED on the Court's own motion to January 28, 2022, at 8:30 a.m. in Department 24. a) Defendant's moving papers – including its separate statement of undisputed material facts, the declarations of Kaitlin E. Showerman and Armando Flores, the exhibits attached thereto and the documents of which the Court takes judicial notice – demonstrate that Defendant is entitled to summary judgment. Where a party has ma...
2022.01.13 Demurrer, Motion to Strike 785
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.13
Excerpt: ...'s First Amended Cross‐Complaint – DENIED, in part; GRANTED, without leave to amend, in part. a) A complaint may allege multiple theories and the same facts can support different causes of action. (Rodrigues v. Campbell Industries (1978) 87 Cal.App.3d 494, 501.) The Demurrer is OVERRULED as to the Second and Third Causes of Action being duplicative of the First Cause of Action. (See, e.g., Carma Devs. (Cal.), Inc. v. Marathon Dev. California,...
2022.01.13 Demurrer, Motion to Strike 666
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.13
Excerpt: ....) A complaint must be read as a whole. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer for failing to state facts sufficient to constitute a cause of action must be to the entire cause of action, not specific factual allegations. (Code of Civ. Proc. §430.10(e).) The eight allegations identified in the demurrer as supporting the nuisance claim, when read as a whole, sufficiently state the elements for a private nuisance claim. (San Diego...
2022.01.12 Motion to Compel Mental Exam 668
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.12
Excerpt: ...s not require production of the data requested by Plaintiff in connection with the contemplated exam. (Code Civ. Proc. §2032.610; Roe v. Superior Court (2015) 243 Cal.App.4 th 138.) In addition, the defense examiner, Dr. Glidden, has expressed concerns about the implications of the requested production with regard to his professional ethical obligations, and the law recognizes the trial court's discretion in evaluating such concerns. (See, e.g. ...
2022.01.12 Motion for Summary Judgment 201
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.12
Excerpt: ... damages. Specifically, the declarations of Steven Fugaro, M.D. and Jay Solnick, M.D. raise disputed factual issues with regard to whether Dr. Akmal's alleged failures in rendering treatment to Plaintiff Witter fell below the standard of care and proximately resulted in the Plaintiffs' claimed injuries. (See, at a minimum, Plaintiffs' evidence in response to UMFs 5‐7.) Plaintiffs' objections to Defendant's evidence are OVERRULED as to Items 1�...
2022.01.12 Motion for Leave to File SAC 972
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.12
Excerpt: ...n part. a) The Motion to Amend was filed December 22, 2021, which is untimely for not being filed/served at least 16 court days before the hearing date in violation of Code of Civ. Proc. Section 1005(b). b) Preliminarily, Plaintiff's objections to counsel representing the individual employees is not supported by evidence and a separate motion would be required to recuse the attorney. The first ten causes of action merely identify parties and fact...
2022.01.12 Motion for Leave to Conduct Discovery 193
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2022.01.12
Excerpt: ...laim, given the timing of various discussions. Thus, we reach the merits. Pub. Res. Code section 21167.6(e)(7) and (10) provide: (e) The record of proceedings shall include, but is not limited to, all of the following items: (7) All written evidence or correspondence submitted to, or transferred from, the respondent public agency with respect to compliance with this division or with respect to the project. (10) Any other written materials relevan...
2022.01.11 Motion for Summary Judgment 201
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.11
Excerpt: ...ion of Public Policy: Plaintiff has met the minimal threshold to demonstrate a prima facie case of discrimination based on race related to the shift schedules and assignments of less‐desirable tasks. (Material Fact ## 2, 3, 14; Additional Material Fact ## 82, 89, 96, 97,101, 102.) Defendant has met its burden to explain the legitimate non‐discriminatory basis for these business decisions. (Material Fact ## 9, 10, 11, 12, 13, 162.) Plaintiff h...
2022.01.11 Motion for Summary Judgment, Partial Adjudication of Issues 520
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.11
Excerpt: ...ion of Public Policy: Plaintiff has met the minimal threshold to demonstrate a prima facie case of discrimination based on race related to the shift schedules and assignments of less‐desirable tasks. (Material Fact ## 2, 3, 14; Additional Material Fact ## 82, 89, 96, 97,101, 102.) Defendant has met its burden to explain the legitimate non‐discriminatory basis for these business decisions. (Material Fact ## 9, 10, 11, 12, 13, 162.) Plaintiff h...
2022.01.11 Motion to Compel Responses 287
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2022.01.11
Excerpt: ...ponses, no substantial justification or unjust conditions are shown to avoid the imposition of modest sanction. This Court finds that the filing fee of $60, plus 1.5 hours of attorney time, is reasonable, for a total sanction of $750.00 – payable by plaintiffs within 10 days. Defendant to give notice. ...
2022.01.07 Motion for Summary Judgment 884
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2022.01.07
Excerpt: ...D as to the Streets and Highway Code and the City Ordinances. The Request is DENIED as to the Google Maps street image and City of Modesto Public Works website. City's Objections to Evidence are SUSTAINED as to 1‐8 pertaining to Zachary Moore's Declaration. The objections are OVERRULED as to numbers 9 and 10 pertaining to Maxine and Felix Bracero's Declarations. Church's objections to evidence are SUSTAINED as to 1‐ 12 pertaining to Zachary M...
2022.01.06 Motion for Summary Judgment 201
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2022.01.06
Excerpt: ...mages. Specifically, the declarations of Steven Fugaro, M.D. and Jay Solnick, M.D. raise disputed factual issues with regard to whether Dr. Naing's alleged failures in rendering treatment to Plaintiff Witter fell below the standard of care and proximately resulted in the Plaintiffs' claimed injuries. (See, at a minimum, Plaintiffs' evidence in response to UMFs 5‐7.) Plaintiffs' objections to Defendant's evidence are OVERRULED as to Items 1‐6 ...
2021.12.23 Motion for Summary Adjudication 049
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.23
Excerpt: ...e allegations of the Complaint to create a triable issue of fact. College Hospital, Inc. v. Sup. Ct. (1994) 8 Cal.4th 704, 720, fn.7. 2. Exhibit D – various objections – OVERRULED. Exhibit D was provided as a response to Form Interrogatory 201.1 and as such is admissible under Code Civ. Pro. section 437c. 3. and 4. Exhibits F and H—lacks foundation/authentication—SUSTAINED. The attorney cannot provide the foundation for the documents. Cod...
2021.12.23 Motion for Leave to File SAC, for Leave to File Special Motion to Strike, for Sanctions 327
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.23
Excerpt: ... already at issue in this case, and do not open up a wide range of other issues. Whether the allegations can ultimately be proven is not a relevant inquiry for whether the amendment is proper. The Court will sign the proposed order submitted with the moving papers. b) The moving party must establish good cause for the delay in filing. The moving parties previously attempted to file this motion but it was not timely served. It is not clear from th...
2021.12.22 Motion for Judgment on the Pleadings 071
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.22
Excerpt: ... issue of standing for this purpose. In fact, the word “standing” does not appear in La Jolla Grp. II. This is unhelpful to the Court. Furthermore, even if Defendant's assertion that Plaintiff requires ownership or possessory interest is correct, the Complaint suggests, at a minimum, that Plaintiff has possessory interest. Therefore, the Motion for Judgment on the Pleadings as to the First Cause of Action on the issue of standing is DENIED. T...
2021.12.21 Motion to Consolidate or Reclassify or Relate Title and Fraud Claims with Claim for Possession 231
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.21
Excerpt: ... the trustee's sale is final, but subsequent case Melendrez v. D&I Investment Inc. (2017) 127 Cal.App.4 th 1238 clarifies that the borrowers' challenge was not always precluded – the fundamental issue of whether the buyer was a bona fide purchaser is subject to litigation with an eviction case even after a trustee's sale which appears on its face to be valid. But, in this case, there is no allegation that E5 is not a bona fide purchaser. While ...
2021.12.21 Motion to Consolidate Cases, to Continue Trial, to Stay Civil Action, for Protective Order 163
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.21
Excerpt: ...e court finds consolidation is proper because plaintiff has shown the presence of “common question[s] of law or fact.” (Code Civ. Proc., § 1048, subd. (a).) Gregg v. Patrick CV‐21‐002839 is to be consolidated into this action, with CV‐19‐005163 remaining the lead case number. b) The granting of defendant Patrick's consolidation request means this case is no longer at issue, such that all discovery and related deadlines will be calcul...
2021.12.21 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.21
Excerpt: ...aint – GRANTED. Defendant Pedro Marquez's Motion for Summary Judgment, or in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted By Plaintiff Maricela Cuevas Perez in Her First Amended Complaint is GRANTED, and the similar motion brought again the claims by Arnulfo Garibay is also GRANTED. The Court GRANTS Defendant's requests for judicial notice number 1 – 8 and SUSTAINS Defendant's objections to th...
2021.12.17 Motion to Strike Improper Damages, Portions of TAC, Demurrer 417
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.17
Excerpt: ...ourth Causes of Action of Plaintiffs' Third Amended Complaint ‐ SUSTAINED, without leave to amend; d) Defendant Doctors Medical Center of Modesto Inc.'s Demurrer to Plaintiffs' Third Amended Complaint – SUSTAINED, WITHOUT leave to amend. (a) The Motion to Strike is MOOT in view of the Court's ruling on the demurrer, above. (b) The Motion to Strike is MOOT in view of the Court's ruling on the demurrer, above. (c) Both causes of action subject ...
2021.12.17 Motion to Set Aside Order of Sanction 090
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.17
Excerpt: ...n because she was late. People v. Gutierrez was originally set in Department 23 at 9 a.m. on August 2, 2021. The Court reassigned Gutierrez to itself as the later‐filed related case under California Rule of Court 3.300(h). Because it was set for 9 a.m., the court retained that time but moved the case from Department 23 to Department 21. The Court wanted to keep the cases together. DDA Cramton filed a declaration to the OSC re: sanctions regardi...
2021.12.16 Motion to Compel Responses 750
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.16
Excerpt: ...ion to Compel Responses from Defendant Valiplug, Inc. to Requests for Production; e) Plaintiff and Cross‐ Defendant Rainy Prock's Motion to Compel Responses From Defendant Valiplug, Inc. to Requests for Admission; f) Plaintiff and Cross‐Defendant Rainy Prock's Motion to Compel Responses from Defendant Darron Silva to Requests for Inspection or Production of Documents; g) Plaintiff and Cross‐Defendant Rainy Prock's Motion to Compel Responses...
2021.12.16 Motion for Summary Judgment, Adjudication 932
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.16
Excerpt: ...omplaint – GRANTED. Defendant Candida Marquez's Motion for Summary Judgment, or in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted By Plaintiff Maricela Cuevas Perez in Her First Amended Complaint is GRANTED, and the similar motion brought again the claims by Arnulfo Garibay is also GRANTED. The Court GRANTS Defendant's requests for judicial notice number 1 – 8 and SUSTAINS Defendant's objections...
2021.12.14 Motion for Judgment on the Pleadings 573
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.14
Excerpt: ... constitute a defense to the complaint. (Ibid; Compl., ¶¶ CC‐1, CC‐2.) Based upon defendant Martha Q. Baeza's admission in her answer, the Court also finds that the defect cannot be cured by amendment, and defendant has not met her burden of showing otherwise. (Pang v. Beverly Hosp., Inc. (2000) 79 Cal.App.4th 986, 989–990; Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636; see Blank, supra, 39 Cal.3d at p. 318; Answer, ¶ 3(b).) The no...
2021.12.14 Motion to Enter Judgment 162
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.14
Excerpt: ...djudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Arnulfo Garibay, in his First Amended Complaint – GRANTED. Defendant Orlando Torres Marquez's Motion for Summary Judgment, or in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted By Plaintiff Maricela Cuevas Perez in Her First Amended Complaint is GRANTED, and the similar motion brought again the claims by Arnulfo Gari...
2021.12.14 Motion for Summary Judgment 510
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.14
Excerpt: ...OWELL's fencing in the area of the incident are designed and maintained in such a way that it meets or exceeds the requirements set forth in the Food and Agriculture Code.” Plaintiff's expert opines that “[t]he livestock industry standard is to attach fence wires to the inside of the posts” instead of to the outside of the posts, where the expert inferred defendant's wires had been attached, but no source of authority is provided as to why ...
2021.12.10 Motion to Dismiss 129
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.10
Excerpt: ...e policy underlying the dismissal statute, which seeks to prevent unreasonable delays in litigation, the policy is less powerful than that which seeks to dispose of litigation on the merits rather than on procedural grounds.' ” (Wilson v. Sunshine Meat & Liquor Co. (1983) 34 Cal.3d 554, 562–563.) A plaintiff opposing a motion to dismiss on the ground asserted here need only “make[] some showing of excusable delay” (Ibid), and that standar...
2021.12.10 Motion to Compel Arbitration 057
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.10
Excerpt: ...instead deeming the arbitration clause valid. (See, e.g., Samaniego v. Empire Today LLC (2012) 205 Cal.App.4th 1138, 1144–1145.) All evidentiary objections are overruled, either on the merits or because they do not pertain to evidence that was essential to the court's analysis of the motion (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [encouraging parties and trial courts to focus only on “important” objections that “are critical ...
2021.12.10 Motion for Attorney Fees 949
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.10
Excerpt: ... and prevailing rate in the community. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Bd. of Trustees of California State Univ. (2005) 132 Cal.App.4th 359, 394; Serrano v. Unruh (1982) 32 Cal.3d 621, 643; Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal. App. 4th 140, 154.) The declarations in this case were detailed and demonstrate the hours claimed were reasonably incurred and substantially contributed to the ultimate result. T...
2021.12.10 Demurrer, Motion to Strike 005
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.10
Excerpt: ...essor‐in‐interest. (b) The Court finds that the Motion to Strike should be GRANTED as to Items 1, in part (page 7, line 17), and 4 relative to the request for treble damages under the provisions of Civ. Code §3345. The Court finds no authority for application of that section in the instant context, and Plaintiff does not oppose the removal of these allegations. The motion is DENIED as to the remaining portions of Item 1 (page 7, lines 15‐1...
2021.12.10 Demurrer 157
Location: Stanislaus
Judge: Speiller, Stacy P
Hearing Date: 2021.12.10
Excerpt: ...ant must allege the names of the persons who allegedly made the fraudulent representations, their authority to speak, to whom they spoke, what was said and when. (See, e.g. Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4 th 153, 157.) As Cross‐Complainant has represented the ability to amend the pleading to correct these deficiencies, the Court will grant leave to amend in this regard. Cross‐Complainant shall submit an amended ple...
2021.12.09 Motion for Final Approval of Class Action Settlement, for Attorney Fees 157
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.09
Excerpt: ...rator distributing $7,500 of that amount directly to the California Labor and Workforce Development Agency and distributing the remaining $2,500 to the class members. The proposed attorney's fees of $146,666.66 and litigation costs of $12,901.97 are reasonable and shall be approved as payable to class counsel. Also, the proposed service payment for the named plaintiff is hereby approved, and the two named plaintiffs shall equally divide a service...
2021.12.09 Demurrer, Motion to Strike 926
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.09
Excerpt: ...for each element of the stated claim. (Zuniga v. Housing Authority (2002) 41 Cal.App.4 th 82.) As the allegations suggest that Plaintiff may be able to plead such facts in order to overcome demurrer, the Court grants leave to amend in this regard. Plaintiff shall submit his Second Amended Complaint within 20 days. (a) Plaintiff cannot pursue a claim for damages under Civ. Code the Unruh Act against a public school district as a matter of law. (Se...
2021.12.09 Demurrer, Motion to Strike 585
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.09
Excerpt: ... exists. (See, e.g., New v. Consolidated Rock Products Co. (1985) 171 Cal.App.3d., 689–690.) However, such a cause of action must be pled with particularity. (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526; see also Snider v. Whitson (1960) 184 Cal.App.2d 211, 214 [“Where a plaintiff relies upon wilful misconduct there are sound reasons why he should be required to state the facts more fully than in ordinary negligence cases so that it may ...
2021.12.09 Demurrer 432
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.09
Excerpt: ...t to fail because Atlantic allowed the Machado defendants but not plaintiffs to withdraw from the sale without consequence, thereby protecting the Machado defendants at plaintiffs' expense when the Atlantic defendants were allegedly obligated to represent each set of parties equally. Because plaintiff's allegations are focused on the structure of the sale rather than advice about the sale, the court also disagrees that “Plaintiffs' entire claim...
2021.12.08 Motion to Compel Responses, for Monetary Sanctions 925
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.08
Excerpt: ... Defendant entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. §2030.290(a), 2031.300(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2030.290(b), 2031.300(b).) With regard to the request for sanctions, the Court finds that while defense counsel describes extenuating circumstances surroundi...
2021.12.03 Demurrer, Motion to Strike 539
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.03
Excerpt: ... (Code Civ. Proc. §430.10(e).) Moreover, Plaintiff's opposition sets forth no additional facts that could be included in an amended pleading to overcome demurrer, and the Court is convinced that he is unable to do so. Additionally, the Third Amended Complaint remains fatally uncertain, unintelligible, and inconsistent with regard to essential factual information necessary to the subject causes of action. (Code Civ. Proc. §430.10(f).) (b) The Mo...
2021.12.03 Motion to Dismiss for Failure to Timely Serve Summons and File Proof of Service 120
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.03
Excerpt: ...icting factual allegations in a challenged pleading. (Alameda County Waste Mangement Authority v. Waste Connections US, Inc. (2021) 67 Cal.App.5 th 1162.) Dismissal is mandatory unless a statutory exception applies, but such exceptions are strictly construed against the plaintiff. (Cal. Civ. Pro. 583.240; Inversiones Papaluchi S.A.S. v. Sup. Ct. (2018) 20 Cal.App.5th 1055, 1062.) In this case, Plaintiff did not exercise due diligence. This case w...
2021.12.03 Motion to Strike or Tax Costs, for New Trial 217
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.03
Excerpt: ...upport of the Reply only support $504.13 in jury fees and $2,772.60 in deposition costs. There is also a duplicate charge of $248.00 for deposition costs. Therefore, $14.81 is taxed as to the Jury Fees and $566.15 is taxed as to the Deposition Costs. The Motion is GRANTED as to the expert witness fees. The Cal. Civ. Pro. 998‐offer was jointly made to both plaintiffs without any apportionment and required both plaintiffs to accept. Therefore, it...
2021.12.02 Motion to Declare Vexatious Litigants 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.12.02
Excerpt: ...t and obsessive” litigants. Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1198. Section 391 provides, in pertinent part, as follows: (b) “Vexatious litigant” means a person who does any of the following: (1) In the immediately preceding seven‐year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (...
2021.12.02 Demurrer, Motion to Strike 572
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.02
Excerpt: ...laint seeks monetary damages that are not available in an unlawful detainer proceeding. Specifically, the damages described in Paragraph 19, subd. (i) of the Complaint are not alleged to have resulted from the unlawful detention of the premises or to have accrued during that period. Therefore, they are not properly sought herein and the prayer for such damages shall be stricken from the Complaint. Defendant shall file an answer within 5 calendar ...
2021.12.01 Motion to Compel Answers to Demand for Inspection and Production of Docs 853
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.12.01
Excerpt: ...rder compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2031.300(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2031.300©, 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount of $310 are awarded against Defendant and his counsel, payable to P...
2021.12.01 Motion for Sanctions 544
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.12.01
Excerpt: ...nt of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Hellmi McIntyre, at 805‐477‐ 5894, stating that you submit on the tentative. A copy...
2021.11.30 Motion to Dismiss, Demurrer 129
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.30
Excerpt: ...court by Code of Civil Procedure section 583.420 in favor of granting the motion at this time. “ ‘Although a defendant is entitled to the weight of the policy underlying the dismissal statute, which seeks to prevent unreasonable delays in litigation, the policy is less powerful than that which seeks to dispose of litigation on the merits rather than on procedural grounds.' ” (Wilson v. Sunshine Meat & Liquor Co. (1983) 34 Cal.3d 554, 562–...
2021.11.30 Motion for Sanctions, for Terminating Sanctions, to Amend Complaint 327
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.30
Excerpt: ...ng Code Civ. Proc. section 1005. Further, moving parties failed to comply with the safe harbor provisions and failed to timely file and serve the Motion. CCP 128.7(c)(1) describes the 21‐day safe harbor as precluding the filing of the motion until at least 21 days has passed since service of the motion. Therefore, the October 8, 2021 correspondence threatening a motion does not constitute service of the motion and did not trigger the 21‐day s...
2021.11.30 Motion for Issue Sanctions, to Compel Further Responses 557
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.30
Excerpt: ...s have sent emails back and forth, the efforts lack the sort of efforts at a good faith resolution called for by Townsend v. Sup. Ct. (1998) 61 Cal.App.4th 1431, 1439. “[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Id.) Reaching the merits of the issues: Interrogatories 9‐11: These interrogatories seek the identity of employees that sought and/or received reimbursement for t...
2021.11.23 Motion to Amend Complaint 327
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.23
Excerpt: ...ar to be in that exhibit. The Court notes that it is bound by Judge Sandhu's prior rulings. (Kerns v. CSE Ins. Group (2003) 106 Cal.App.4 th 368). On February 23, 2021, the Court granted the anti‐SLAPP Motion as to the conspiracy claim and, because a First Amended Cross‐Complaint had already been filed, denied the general Motion to Strike as moot. Because the facts proposed in a Second Amended Cross‐Compalint, while more detailed, essential...
2021.11.23 Motion for Summary Judgment, Adjudication 949
Location: Stanislaus
Judge: Freeland, John F
Hearing Date: 2021.11.23
Excerpt: ...rting evidence on the issues of negligence and causation. Specifically, the Declaration of Judy Schmidt, M.D. raises disputed factual issues with regard to whether the Defendant's alleged failures in rendering treatment to Plaintiff's decedent fell below the standard of care and proximately resulted in the patient's death. (See Plaintiff's evidence in response to UMFs 10‐13 (Issue 1) and UMFs 2, 13‐17 (Issue 2). ...
2021.11.19 Petition to Compel Arbitration and Stay Action 681
Location: Stanislaus
Judge: Mayne, John R
Hearing Date: 2021.11.19
Excerpt: ...rbitration clause complies with the requirements of Health and Safety Code section 1363.1. The arbitration clause binds the enrollees and their heirs to the arbitration clause as long as the arbitration clause was disseminated to enrollees and prospective enrollees. (Medeiros v. Sup. Ct. (2007) 146 Cal.App.4th 1008, 1017; Kuntz v. Kaiser Found. Hosp. (2021) 62 Cal.App.5th 1135, 277 Cal.Rptr.3d 271, 281‐282; Ruiz v. Podolosky (2010) 50 Cal.4th 8...
2021.11.18 Motion to Disqualify Counsel 071
Location: Stanislaus
Judge: Sandhu, Sonny
Hearing Date: 2021.11.18
Excerpt: ... to declare Plaintiff Harpreet Dhaliwal a vexatious litigant. Code of Civil Procedure section 391.6 states (in pertinent part): “Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished, ...

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