Excerpt: ... temporary restraining order evicting Defendant from the Property would not serve to preserve the status quo until a final determination of the merits could be had. (Order at 4.) The court did find, however, that the interim harm each party was likely to sustain was significant for both parties and issued the following orders, in relevant part: (1) Defendant was restrained from dumping trash/toxic waste and/or storing old tires and other items on...

Excerpt: ...he demurrer to the SAC. (801 F _ App'x 519, 521 ["[U]nder any reasonable reading of the statute, 51793.2(b) requires only that [the facility] complete any single repair attempt within 30 days."]_) Plaintiffhas made no changes from the SAC in the TAC's allegations with respect to this claim and again fails to allege a single repair facility visit lasting longer than thirty days. Instead, Plaintiff now argues that because the repair facility visits...

Excerpt: ...Civil Code section 1793.22, subdivision (e)(2), does not include a used car purchased from a retail seller unaffiliated with the manufacturer simply because there is some balance remaining on the manufacturer's warranty. To the extent Jensen can be construed as presenting conflicting authority, the court views Jensen's view in light of the particular facts surrounding the vehicle at issue in that case and the affiliation of the manufacturer with ...

Excerpt: ...lternative and cumulatively, that trenching through the canal without having first secured permits for the entire project and without having completed environmental review as required by state and local statutes [including CEQA as set forth in both California's Codes and the California Code of Regulations] is an undue burden on the easement regardless of what effect the trenching will have on Tulare Lake Canal's use of the easement and operation ...

Excerpt: ...otions are granted. Plaintiff counsel's declaration establishes that the discovery requests were properly served and that no response was timely made to those requests even after an agreement to extend the time to respond by more than six months. Additionally, no opposition has been made to the motions. Defendant Agler's and Defendant Bookwalter's verified responses without objection to the Form Interrogatories, Set One, Special Interrogatories, ...

Excerpt: ... is made as to whether the propounding party has complied with the pre-motion requirements under the Discovery Act. (Code Civ. Proc. "2016.040 [meet and confer declaration required in support of discovery motion], 2025.480 [motion to compel answers if deponent fails to answer or produce], 2030.300 [motion to compel further responses to interrogatories], 2033.290 [untimely responses to interrogatories].) Without deciding the propriety ofthese disc...

Excerpt: ...wner shall first give notice of the violation to the tenant with an opportunity to cure the violation.” (Code Civ. Pro. § 1946.2, subd. (c).) Once the violation is not cured, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy. (Ibid.) Here, the 3-day notice attached to the Complaint includes a statement that the tenants have been previously notified of an alleged breach and that the brea...

Excerpt: ...ttendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice “[i]f, after service of a deposition notice, a [party-affiliated deponent] without having served a valid objection under Section 2025.410, fails to appear for examination.” Section 2025.410(a) provides that a party may serve a written objection to a deposition notice, specifying th...

Excerpt: ...ion for judgment on the pleadings with leave to amend, a plaintiff may amend his or her complaint only as authorized by the court's order. (Harris v. Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023; People ex rel. Dept. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785.) In the order, the court specifically directed Plaintiff to amend the complaint “in order to include allegations that give rise to a theory of liability for elder abuse...

Excerpt: ...d and related torts) "in ordinary and concise language," and the test for adequacy is not absolute but whether the pleading as a whole apprises the adversary of the factual basis of the claim].) The general rule is that a plaintiff need only allege ultimate facts, not evidentiary facts. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550.) The court treats the demurrer as admitting all material facts properly pleaded, but not contentions, dedu...

Excerpt: ...2) 5 Cal.App.4th 1480, 1486.) In particular, the Complaint fails to include adequate facts with respect to the alleged disclosure to the social worker, the perpetrator's “propensity” for the conduct which caused injury to Plaintiff and the foreseeability of the abuse, as well as the nature of the social worker's visits with Plaintiff and the alleged “chronic, unmitigated, systematic, and pervasive problem” of sexual assaults and abuse of ...

Excerpt: ...der are allowed where the failure was willful. (Weil & Brown, § 8:2147; Aghaian v. Minassian (2021) 64 Cal.App.5th 603, 618-619 [“absent unusual circumstances, nonmonetary sanctions are warranted only if a party [acts] willfully”]; Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 605-606; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.) The appellate courts have agreed with trial court determinat...

Excerpt: ...is state that amendments shall be liberally allowed.” (Weil & Brown, Civil Procedure Before Trial ¶6:636; Vogel v. Thrifty Drug Co. (1954) 43 Cal.2d 184, 188; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; California Cas. Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 278.) The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of...

Excerpt: ...determine with any certainty which responses to production remain outstanding as of the date of this ruling and whether there is any need for any further order by the court in regard to such matters. To aid in the parties' discussions, the court—with the exception of Request for Production of Documents No. 5—rejects Plaintiff's contention that Defendant Hanfordidence fails to provide the requisite statement of compliance. Except for Request f...

Excerpt: ...determine with any certainty which responses to production remain outstanding as of the date of this ruling and whether there is any need for any further order by the court in regard to such matters. To aid in the parties' discussions, the court—with the exception of Request for Production of Documents No. 5—rejects Plaintiff's contention that Defendant Hanfordidence fails to provide the requisite statement of compliance. Except for Request f...

Excerpt: ...e Trial ¶6:636; Vogel v. Thrifty Drug Co. (1954) 43 Cal.2d 184, 188; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; California Cas. Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 278.) The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend...

Excerpt: ...er form of assistance, the FAP fails to state sufficient facts to impose CEQA-related obligations upon Angiola.” (¶12.) With respect to Angiola, the SAP alleges that Sandridge informed Petitioner that the Project was for use by Angiola. (¶8.) The SAP further alleges that Angiola board members have financial ties to John Vidovich and Sandridge and that such members have at various times communicated with Sandridge. (¶¶15, 21.) The SAP also a...

Excerpt: ...[alleged by plaintiff] more likely than not'—that is, evidence that would prevent a finding of that material fact. (Barber v. Southern California Edison Co. (2022) 80 Cal.App.5th 227, 242 [quoting Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851].) The moving party must satisfy this initial burden before the opposing party must controvert anything. (Id. [quoting Y.K.A. Industries, Inc. v. Redevelopment Agency of City of San Jose (20...

Excerpt: ...[alleged by plaintiff] more likely than not'—that is, evidence that would prevent a finding of that material fact. (Barber v. Southern California Edison Co. (2022) 80 Cal.App.5th 227, 242 [quoting Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851].) The moving party must satisfy this initial burden before the opposing party must controvert anything. (Id. [quoting Y.K.A. Industries, Inc. v. Redevelopment Agency of City of San Jose (20...

Excerpt: ... that its October 12, 2022 Order allowed for the filing of a motion to compel further responses upon Defendant's failure to timely comply. For the reasons addressed below, Plaintiff's motion for terminating, issue and/or evidentiary sanctions is premature and unwarranted. However, the court finds that further responses to the discovery requests should be ordered and monetary sanctions are warranted. Generally, the court “may make those orders t...

Excerpt: ...ing a protective order but he asserts in his reply that Defendant has not moved for one and that Defendant thus cannot assert objections based on commercially sensitive, trade secret, or private information. However, Plaintiff has not stated any objections to the entry of a protective order and has not addressed Defendant's contention that Plaintiff's review of and response to the draft protective order remains outstanding. Neither party has pres...

Excerpt: ...to adequately intervene or effectively care for Martinez by either providing additional care instructions to Hacienda Post-Acute, reporting the abuse and neglect to Adult Protective Services, in order to prevent further falls. As with the FAC, the allegations in the SAC are not adequately specific with respect to the alleged manner in which Dr. Nagavalli is supposed to have been made actually aware of the care home's purported neglect and abuse a...

Excerpt: ...at Plaintiff's evidence in opposition to the motion creates a triable issue of fact with respect to whether Defendants breached the standard of care. (Reply at 2, 3 n.1.) Accordingly, the court does not address this issue further in its ruling but accepts, for purposes of this order, that there exists a triable issue of fact as to whether Defendants breached the standard of care during labor and delivery. As for causation, Defendants present the ...

Excerpt: ...aims that the representative claims can successfully go forward. Given the Kim decision and the reasoning in Gavriiloglou, there are strong arguments presented why the California Supreme Court should find that plaintiffs retain standing to proceed with the representative PAGA claims. (Kim v Reins International California Inc (2020) 9 Cal.5 th 73, 91-92; Gavriiloglou v Prime Healthcare Management Inc (2022) 83 Cal. App.5th 595.) But if this case d...

Excerpt: ...nt sought an extension of time due to illness. Counsel sent an email on 8/30/22 extending the time to respond by three weeks (which plaintiff says meant three weeks from the August 17 due date, making responses due September 7, 2022) Plaintiff counsel sent an email on September 28, 2022 seeking responses and noting that “technically all objections have been waived.” Defendant served responses, which consisted only of objections, on September ...