Excerpt: ...ented evidence to demonstrate the parties intended to agree on a 60 - day payment deadline of no later than February 6, 2024 as set forth in the agreement, notwithstanding the inclusion of the 90- day deadline language. (Ransom Decl. ¶¶11 -13.) The court accepts this evidence concerning the parties' intention in interpreting the Agreement. (Brown v. Goldstein (2019) 34 Cal.App.5th 418, 432 -433 [in the first of the two steps of contract interp...

Excerpt: ...tion is scheduled. Here, while Defendant communicated its objections to the scope of the matters for examination ahead of the deposition, Defendant does not appear to have objected to any of the deposition notices, including how the notices failed to comply the requirements of the Code. (See Code Civ. Proc. §2025.220 [setting forth the required contents of the deposition notice].) Additionally, it appears Defendant's objections to the scope of t...

Excerpt: ... provide timely service of the Amended Notice to all other parties, and (3) file a proof of service of the Amended Notice pursuant to Rules of Court, rule 3.1300, subdivision (c). Plaintiff is then granted leave to file and serve an Amended Opposition no later than 4:00 p.m. on July 8, 2024. Any Amended Opposition should be a complete and self -contained opposition and not simply an addendum to the opposition memorandum filed on June 7, 2024 and ...

Excerpt: ... provide timely service of the Amended Notice to all other parties, and (3) file a proof of service of the Amended Notice pursuant to Rules of Court, rule 3.1300, subdivision (c). Plaintiff is then granted leave to file and serve an Amended Opposition no later than 4:00 p.m. on July 8, 2024. Any Amended Opposition should be a complete and self -contained opposition and not simply an addendum to the opposition memorandum filed on June 7, 2024 and ...

Excerpt: ... hearing prepared to discuss the Court's authority to appoint a discovery referee pursuant to Code of Civil Procedure, section 639, subdivision (a)(5). Plaintiffs Silva Regalado -Zachlod and Chris Gregg Zachlod move, pursuant to Code of Civil Procedure sections 2031.310, 128, subdivision (a)(4), and 2023.030, subdivision (a) “for an order to strike Defendant's meritless objections and compel further responses to Plaintiffs' Requests for Product...

Excerpt: ... hearing prepared to discuss the Court's authority to appoint a discovery referee pursuant to Code of Civil Procedure, section 639, subdivision (a)(5). Plaintiffs Silva Regalado -Zachlod and Chris Gregg Zachlod move, pursuant to Code of Civil Procedure sections 2031.310, 128, subdivision (a)(4), and 2023.030, subdivision (a) “for an order to strike Defendant's meritless objections and compel further responses to Plaintiffs' Requests for Product...

Excerpt: ...es the hearing was continued to allow for Plaintiff to respond to the authorities cited in the Reply in support of the motion. Plaintiff has not accomplished this either. Instead, the opposition raises arguments not previously raised with respect to the court's jurisdiction to determine whether Plaintiff file a timely claim, as well as whether Defendant was required to file an objection to Plaintiff's untimely file claim in the Bankruptcy Cour...

Excerpt: ...ys prior to the hearing and served by a method reasonably calculated to ensure delivery to the other party by the close of the next business day. (Code Civ. Proc., § 1005, subd. (b) and (c).) Absent an order shortening time, plaintiff's opposition papers were required to be filed and served no later than April 26, 2024. Defendant in her reply does not assert prejudice by this delay therefore the Court declines to continue the hearing to allow d...

Excerpt: ... Second Amended Response to Plaintiff Barrios' Inspection Demands, served after the filing of the instant motion. (Kaufmann Decl., Exh. F at pp. 2 -5, 9 -17, 21 -34, 42- 45.) Plaintiff Barrios' reply, in acknowledging Defendant's amended responses, also appears to acknowledge that those responses “comply with at least some of its discovery obligations.” (Reply at 1.) The court recognizes that Plaintiff Barrios remains dissatisfied with the ...

Excerpt: ...wer purchase agreements (PPAs) between the parties. Defendants have assured plaintiffs and the court that they will not seek to enforce the pre -dispute waiver of a jury trial set forth in section 15.5 in the PPAs. In light of these assurances, the court grants defendants' motion to stay this action for forum non conveniens. The court has examined the sealed exhibits to the declaration of attorney Rugani and can confirm that the amended and rest...

Excerpt: ...wer purchase agreements (PPAs) between the parties. Defendants have assured plaintiffs and the court that they will not seek to enforce the pre -dispute waiver of a jury trial set forth in section 15.5 in the PPAs. In light of these assurances, the court grants defendants' motion to stay this action for forum non conveniens. The court has examined the sealed exhibits to the declaration of attorney Rugani and can confirm that the amended and rest...

Excerpt: ...l.App.4 th 197, 201.) Defendants argue that there can be no defamation because the statements expressed an opinion about plaintiff's job performance, and was not a statement of fact. The first amended complaint alleged at ¶ 91 that the defamatory statements were understood as assertions of fact, not opinion. Case law holds that a statement that an employee is incompetent implies a knowledge of facts which leads to this conclusion, that such fact...

Excerpt: ...edge, improper legal conclusion) Defendants' objections to the declaration of plaintiff are sustained for the reasons set forth in the objections. Defendants' objections to the plaintiff deposition citations are sustained for the reasons set forth in the objections. Defendants' motion to strike the entirety of plaintiff's additional material facts is denied. Summary of facts On 11/24/21, Plaintiff filed a FAC for gender and race discrimination, w...

Excerpt: ...e Rutter Personal Injury §9:230) Based on the pleadings filed, grant the motion. The court finds that bifurcation of liability from damages would promote judicial economy and would not unduly prejudice plaintiff. In reply to plaintiff's contention that this motion is premature, trial is set for 7/22/24. A motion for bifurcation must be heard 30 days before trial. (CCP 598; Rutter Personal Injury §9:224) The moving papers would have to be fil...

Excerpt: ...dge, improper legal conclusion) Defendants' objections to the declaration of plaintiff are sustained for the reasons set forth in the objections. Defendants' objections to the plaintiff deposition citations are sustained for the reasons set forth in the objections. Defendants' motion to strike the entirety of plaintiff's additional material facts is denied. Summary of facts On 11/24/21, Plaintiff filed a FAC for gender and race discrimination, wo...

Excerpt: ....App.4 th 197, 201.) Defendants argue that there can be no defamation because the statements expressed an opinion about plaintiff's job performance, and was not a statement of fact. The first amended complaint alleged at ¶ 91 that the defamatory statements were understood as assertions of fact, not opinion. Case law holds that a statement that an employee is incompetent implies a knowledge of facts which leads to this conclusion, that such facts...

Excerpt: ... true all material facts properly pleaded. (Blatty v New York Times Co (1986) 42 Cal.3d 1033, 1040.) Whether plaintiff will be able to prove the pleaded facts is irrelevant to ruling on the demurrer. (Stevens v Superior Court (1986) 180 Cal.App.3d 605, 609-10.) Accordingly, the court has disregarded all the “facts” asserted by defendants. The points and authorities in support of the demurrer consisted of four paragraphs that merely recite tha...

Excerpt: ...g & Water Purchasing, LLC and Pacific Boring, Inc., as stated more specifically below. A protective order will not issue at this time. As an initial matter, the court finds that Sandridge does not adequately establish its objections based on trade secrets or privacy, due to the failure to sufficiently identify the alleged trade secrets or proprietary information to be protected. (Code Civ. Proc. §2031.240 [requiring sufficient factual informatio...

Excerpt: ...t meal period, second meal period, rest period, late final wages, and facially deficient wage statement are also certified, together with the derivative claims. Defendants' objections to Plaintiffs' evidence presented in support—including the declarations, deposition excerpts, and employee handbook excerpts—are overruled. The supplemental compendium of evidence cures the objections related to translated declarations and electronic signatures....

Excerpt: ... prove the pleaded facts is irrelevant to ruling on the demurrer. (Stevens v Superior Court (1986) 180 Cal.App.3d 605, 609- 10.) Accordingly, the court has disregarded all the “facts” asserted by defendants. The points and authorities in support of the demurrer consisted of four paragraphs that merely recite that the terms of an alleged oral contract must set forth the essential contract terms and must allege the elements of a breach of contr...

Excerpt: ...action. As an initial matter, the FAA applies based on the express provision that the Arbitration Agreement (“Agreement”) is “made pursuant to and shall be governed by and construed in accordance with the procedures set forth in the Federal Arbitration Act[.]” (Mayorquin Decl. Exh. C, ¶4(a).) Alternatively, the FAA applies due to Defendant's involvement in interstate commerce. (Holland Decl. ¶¶4-5; Guiliano v. Inland Empire Personnel, ...

Excerpt: ...laintiff's 2023 death and this wrongful death/ survivor action was filed in its place. (Def UMF 13 [separate statement date of death listed as 5/5/23 however May 7, 2023 is the date of death in the death certificate].) Defendant contends that it cannot be held liable to plaintiffs because the alleged dangerous condition of a just mopped floor was “open and obvious” and because decedent had “full and actual notice” of the danger. In terms ...

Excerpt: ...al.App.4th 968, 994.) The city's request that the court take judicial notice of the cases related to the tank explosion in Lemoore on June 2, 2021 is denied. The court may take judicial notice of the filing of the litigation, but not the facts alleged in the litigation. (Sosinsky v Grant (1992) 6 Cal.App.4th 1548, 1551.) The city's demurrer to the cross-complaint for declaratory relief filed by Everest is overruled. The city (obligee) sued Everes...

Excerpt: ...oposed amendment, subject to certain limitations; (4) the proximity to trial; and (3) whether prejudice to the opposing party will result. (Weil & Brown, Civil Procedure Before Trial ¶¶6:638-6:653.) Motions for leave to amend the pleadings are directed to the sound discretion of the court and such discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428...

Excerpt: ...e diligence or lack of diligence by the party seeking discovery, and the reasons why the discovery was not completed, (3) whether permitting the discovery or granting the discovery moton will likely prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar or prejudice any other party, and (4) the length of time elapsed between any date previously set and the date presently set for trial. (Code Civ. Proc...