Excerpt: ...mpanying plaintiff's government claim, or personal knowledge with respect to the mailing of the 8/6/2019 letter advising the claimant of the insufficiency of the claim and the requirement to submit a $25 filing fee. Defendant's motion for summary judgment is denied. A triable issue of fact exists if plaintiff sent the $25 filing fee with the government claim. (Plaintiff's additional fact ##1-5 and the declaration of the law firm's long-time paral...

Excerpt: ...jected to in the motion ( in part due to defendant's submission of the documentation supporting the costs requested). Both parties recognize that travel expenses to attend depositions are allowed under Code of Civil Procedure section 1033.5, subdivision (a)(3) (C). However, plaintiff objects to the hotel room expenses incurred before some of the depositions which were described as having been incurred for deposition prep. The parties are to meet ...

Excerpt: ...Jones. The severance for purposes of trial and discovery was discussed during the severance motion heard 2/24/20. The stay on Jones' case was due to the pending criminal prosecution. The order encompassed a stay on discovery directed to Jones. The defendant has failed to present persuasive evidence that Jones is a critical witness in the Weaver case, and that trial in the Weaver case cannot go forward without taking Jones' deposition. In terms of...

Excerpt: ...ication: Plaintiff's motion is denied on procedural grounds. 1) Plaintiff LLC lacks the requisite standing to initiate this case as it is currently plead, 2) The Declaration of Jerald Munn fails to comply with the necessary requirements for a declaration Page 5 of 5 executed in the State of California pursuant to CCP Section 2015.5. Based on the deficiency, any evidence supported by the declaration is inadmissible, 3) The Separate Statement of Un...

Excerpt: ...ractices, breach of fiduciary duty, intentional misrepresentation, promissory fraud, unjust enrichment, constructive trust, injunctive relief and declaratory relief. The action against the moving party defendant was dismissed on 8/27/20. The motion for attorney fees as costs relied on the Second Amended and Restated Partnership Agreement which contained an attorney fees clause as follows: “Should any litigation be commenced between the parties ...

Excerpt: ...cussions improperly included in the cross-complaint in violation of Evidence Code §1152. These paragraphs also set forth Patino's legal assertions in support of their claim to the disputed strip of land, but these legal arguments are not “ultimate facts” that are required to be alleged to state the causes of action asserted by the cross-complaint. (Code Civ. Proc. §425.10, subd. (a)(1) [a complaint shall set forth a statement of facts const...

Excerpt: ... limit the scope of time from 2010 to the present. The court finds this offer reasonable, given that Form interrogatories ## 11.0 and 11.2 go back 10 years from the present. Moreover, as noted by defendant, one plaintiff had an MRI of his spine in 2013 due to complaints of back pain with radiating pain down his body. This is a physical condition at issue in this case. The request for medical records relating to plaintiffs' physical conditions at ...

Excerpt: ...rified responses are due 15 days after service of notice of ruling. Plaintiff failed to respond to defendant's meet and confer attempts and plaintiff has not corrected or verified the responses that were provided. Defendant's request for sanctions in the sum of $1965 is granted. Defendant's motion to compel verified responses to economic litigation form interrogatories CCP §2030.030 (a )(2) provides that a party may ask any additional number of ...

Excerpt: ...not capable of judicial notice. (People v Jones (1997) 15 Cal.4th 119, 171 fn.17, disapproved on another ground in People v Hill (1998) 17 Cal.4th 800, 823 Fn1.) The traffic collision report was properly objected to on the basis of lack of relevance (Evid. Code §350), hearsay (Evid. § Code 1200) , lack of personal knowledge (Evid. Code §702), and lack of foundation (Evid. Code §702). Plaintiff's objection to the mental competency report from ...

Excerpt: ...not capable of judicial notice. (People v Jones (1997) 15 Cal.4th 119, 171 fn.17, disapproved on another ground in People v Hill (1998) 17 Cal.4th 800, 823 Fn1.) The traffic collision report was properly objected to on the basis of lack of relevance (Evid. Code §350), hearsay (Evid. § Code 1200) , lack of personal knowledge (Evid. Code §702), and lack of foundation (Evid. Code §702). Plaintiff's objection to the mental competency report from ...

Excerpt: ...ation and the correspondence between the parties is not supported by statutory or case law. Claimants set forth the amount of principal and interest in their timely claims to excess tax sale proceeds submitted pursuant to R&TC §4675. The County approved payment of the principal, but not the interest. Claimants are entitled to accumulated interest on the note; the interest did not become unsecured on the death of the trustor/obligor. (Huckell v M...

Excerpt: ...ty on whose behalf the complaint was filed, nor does it specify facts to support plaintiff's standing to bring the complaint. The court sustains the demurrer for uncertainty and for lack of standing. (Cloud v Northrop Grumman Corp. (1998) 67 Cal. App. 4th 995, 1004.) The demurrer to the two- paragraph complaint is also sustained on the grounds that defendant has no obligation to produce documents under any of the legislation alleged i.e. the Publ...

Excerpt: ...of negligence (duty, breach of duty, causation and damage) but also 1) actual or constructive knowledge of the peril to be apprehended 2) actual or constructive knowledge that injury is probably, as opposed to possible result of the danger and 3) conscious failure to act to avoid the peril. It is not just a mere absence of care, but a more positive intent to harm another or act with a positive, active and absolute disregard of its consequences. (...

Excerpt: ...mage to the real property may have been caused by the trespass and possibly also the market value cost of the water diverted from the Kings River. (Complaint at ¶9 alleged that the identified users of the Kings River included the District, but not Verboon or Van Groningen.) The court agrees with defendant that if the prayer in the complaint was to be amended, this would require responsive pleadings to the First Amended Complaint be filed, as wel...

Excerpt: ...k v Kirwan (1985) 39 Cal.3d 311, 318.) The court does not find that the underlying basis for the first three causes of action is a sham, or that the allegations set forth in ¶31 and ¶39 in the FAC are fatally inconsistent. Plaintiff alleged that his termination was substantially motivated by his perceived disability and/or engagement in protected activities. The emphasis in the FAC that the complaints about not receiving meal and/or rest breaks...

Excerpt: ...at only a writ of mandate may be brought to resolve this dispute are distinguishable. In the cases relied on by defendant, an administrative remedy existed which the court found had to be exhausted before the dispute could be brought before the court. Here, defendant conceded no such administrative remedy exists. The parties are in agreement that the standard of review of defendant's interpretation of the Vehicle Code §34501.2 is set forth in Ya...

Excerpt: ...dency of the litigation that party may recover only costs actually incurred by a party or in its behalf in prosecuting or defending the case.) The declaration of plaintiff counsel supports the finding that apart from the first appearance fee by Ceja, the remaining costs were the total costs incurred by all four defendants, three of whom remain in this litigation. The cost bill is reduced from $8,165.24 to $2,367.55. Plaintiff sought a reduction t...

Excerpt: ...lifornia Highway Patrol interpreting the statute and regulations to preclude plaintiff from relying on the longer hours of driving allowed for truck drivers of specialized farm products. Defendant concedes that there is no administrative procedure available to plaintiff to challenge defendant's interpretation as it applies to plaintiff's intra-farm silage operations (with occasional use of the highways to get to another part of the farm). Defenda...

Excerpt: ...on, which rendered her unable to perform her regular work duties. (UMF 26, 27.) The report described the condition as a permanent condition and stated it should be considered for permanent disability. (UMF 38.) At the same time plaintiff presented this report to her employer, plaintiff applied for social security disability. (Reply UMF 26.) Plaintiff was placed on paid leave for the 100 work days (five months), which was required under the school...

Excerpt: ...ween the attorney and the examining physician. (Gonzi v Sup Ct (Daily News Co. Ltd.) (1959) 51 Cal.2d 586, 589; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020 ¶ 8:1586 through 8:1590.) It is unclear if anyone other than the examinee is entitled to audio record the examination. This is because under the Gonzi case, either party had the right to have a court reporter present to record a physical examination....

Excerpt: ...ranted. The demurrer is sustained without leave to amend as to defendant Christopher T Fisher. Defendant Fisher was alleged to be the owner of the building where the law office is located. (Complaint ¶5) Fisher was not alleged to be an attorney, he is not registered as an attorney in California, and no facts were alleged that he took any action or failed to take any action that caused plaintiff damages. The demurrer for uncertainty is sustained ...

Excerpt: ...iable issue of fact that the trailer was defective or contributed to the motor vehicle accident in any way. (Reply Separate Statement Facts ## 4, 5, 7 Torres Deposition at pages 22 [when you work for yourself as a truck driver, how do you find work] 24-25 [language interpreter questions how to define rental of trailer, but response was Torres was renting trailer from Rivera and Torres owned the tractor] 26 [Torres did not always accept work from ...

Excerpt: ... to any further funds from the sale of his partnership interest in order to pay for his criminal defense. The court agrees with plaintiff that paragraph 6.1 exaggerates the partnership's “contingent liabilities” from the wrongful death action (17C0009). This litigation was stayed due to a motion brought by plaintiff. It was alleged that plaintiff was in the course and scope of employment with the partnership when the wrongful death occurred. ...

Excerpt: ...ff failed to timely file a government claim. This failure would preclude plaintiff from raising any state law tort claims, if leave to amend was granted. The FAC purports to be a complaint for violation of plaintiff's federal civil rights as a result of the alleged perjury by Officer Welch at his trial for driving in excess of the speed laws on a state highway. The perjury is alleged to have stemmed from the officer's assertion that a traffic and...

Excerpt: ...he continued hearing date. Plaintiff's motion to compel further responses was continued from 7/30/20. The same tentative ruling set forth below applies. The parties appear to be in agreement that defendant has set forth in verified discovery responses that: 1) defendant admits liability for the accident; 2) defendant admits having driven while intoxicated; 3) defendant admits she was convicted of one misdemeanor drunk driving charge stemming from...