Excerpt: ...t briefing on the issue of a stay. The parties were advised that the court would consider the following factors: the status of the foreign action; the convenience of the parties; the seriousness of the threat of multiple litigation; and the competing interests of the two forums. (Wong v. Tenneco, Inc. (1985) 39 Cal.3d 126; Leadford v. Leadford (1992) 6 Cal.App.4th 571, 575; see Minute Order, filed August 7, 2019, p. 2.) The parties submitted supp...

Excerpt: ...dants/petitioners are correct that Code of Civil Procedure section 1290.6 requires a party responding to a petition to compel arbitration to serve and file its response within 10 days after service, the Court will consider plaintiffs/respondents' opposition on its merits, as no prejudice to defendants/petitioners is apparent. (Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 847; see also Hoover Community Hotel Development Corp. v....

Excerpt: ...mmary judgment order. Explanation: As the moving parties, defendants bear the initial burden of proof to show that plaintiff cannot establish one or more elements of his causes of action or to show that there is a complete defense. (Code Civ. Proc. § 437c(p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and ...

Excerpt: ...), (f).) To grant the motion to strike the allegations and prayer regarding punitive damages from the cross‐complaint. (Code Civ. Proc. §§ 435, 436.) To grant the motion to strike the conspiracy claim against plaintiff's counsel and her law firm, for failure to comply with Civil Code section 1714.10 before filing the claim. To grant leave to amend. To deny both parties' requests for sanctions against each other. (Code Civ. Proc. §§ 128.5, 1...

Excerpt: .... (1953) 38 Cal.2d 273. There, a couple was photographed by an employee in an affectionate pose at the LA Farmer's Market, and the photograph was published with an accompanying article in Ladies Home Journal, without their permission. [T]he caption under the picture describes it as “love at first sight” and the article says such love is based on 100 per cent sex. It is not unreasonable to believe such would be seriously humiliating and distur...

Excerpt: ...Costs are taxed by $53,855.58. Costs awarded to Triangle Truck against the Srabians therefore total $7,278.83. Explanation: The parties to this case filed cross‐motions to strike and/or tax costs and for attorney's fees after a jury trial. By order dated July 31, 2019, the Court ruled on all the motions except for the Srabians' motion to strike and/or tax the costs of Triangle Truck. In its order, the Court noted that “[w]here co‐parties jo...

Excerpt: ...s motion and all other proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby. (Code Civ. Proc., § 916, subd. (a).) By operation of law, this Court lacks jurisdiction to hear the motion and therefore vacates the hearing. Once the appeal is no longer pending, the moving party may contact the law and motion clerk to reschedule the hearing on the motion. Explanation: On April...

Excerpt: ...rtions of the First Amended Complaint Tentative Ruling: To sustain the demurrer of the City of Coalinga (“City”) in its entirety, with leave to amend as to the second cause of action, only. To grant City's motion to strike, without leave to amend. To sustain the demurrer of defendants Marissa Trejo, Shannon Jensen, Vivian Sauceda, and Jasmin Bains (“individual defendants”) in its entirety, with leave to amend. To grant the individual defe...

Excerpt: ... court days of service of this order. A final proposed judgment is to be presented to the Court within ten (10) court days of service of this order. Explanation: Pursuant to the Stipulation and Order filed June 20, 2019, this case is set for several matters pending from previous hearings before this Court. For the reasons stated below, only the Order to Show Cause re: Dismissal for Failure to Join Indispensable Parties (and the Order to Show Caus...

Excerpt: ...which states, in the pertinent part: “The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” The parties can stipulate to permit an amendment, but they still need a Court order before an amended pleading may be validly filed. Shoul...

Excerpt: ...ule is codified at Code of Civil Procedure section 1856. It is a rule of evidence, not of pleading, and requires evidence before it can apply—that there be proof that a writing was intended to be the final expression of an agreement. The Cross‐Complaint states that it was not and that there were oral and written parts of the “Joint Venture” agreement. (Cross‐Complaint, ¶ 13). There are also several exceptions or situations where the do...

Excerpt: ...scovery Act provides that a personal service of a deposition subpoena may command a third party deponent to produce business records on request. (Code Civ. Proc., § 2020.020, subd. (c).) Code of Civil Procedure section 1987.1 provides, in relevant part: “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things . . . at the taking of a deposition, the court, upo...

Excerpt: ...ts in a string as to why the Fifth Cause of Action in the First Amended Complaint is improper. To the extent possible, the Court addresses the grounds listed in the notice, but notes that the manner of presentation creates confusion. 2. Statute of Limitations This is a basis for a general demurrer, as where the bar of the statute of limitations appears from the face of the pleading, it fails to state facts sufficient to allege a valid cause of ac...

Excerpt: ...s asserted against Nakidi in this lawsuit and that Plaintiff has not made a sufficient showing that Nakidi waived the right to arbitrate the agreement or that "there is a possibility of conflicting rulings on a common issue of law or fact" if the court orders arbitration of the claims against Nakidi but not the claims against Defendant Teamsoft Technologies, LLC ("Teamsoft") in this action. (See C.C.P. § 1281.2; 9 U.S.C. § 2.) A. Existence and ...

Excerpt: ... Explanation: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc. § 473(a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596; Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) The motio...

Excerpt: ...to submit to this Court, within five (5) days of service of the minute order, a proposed judgment consistent with this Court's summary judgment ruling. Explanation: Summary Judgment A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the ini...

Excerpt: ...urn to Department 503 on September 24, 2019, at 3:30 p.m., for the Court to assign an arbitrator. Explanation: 1. Limitations Period with Tolling Defense counsel is incorrect with respect to the statute of limitations and Code of Civil Procedure section 1281.12. Tolling adds to the time period to seek arbitration. It means that the statute of limitations does not run during the tolled period. The date on which plaintiff contends that he was termi...

Excerpt: ...end. To sustain the general demurrer to the third cause of action with leave to amend. To overrule the demurrer to the fourth cause of action. To overrule the special demurrers. To grant the motion to strike enhanced remedies under the Elder Abuse Act with leave to amend. To grant the motion to strike treble damages with leave to amend. To deny the motions to strike in all other respects. A Third Amended Complaint shall be filed and served within...

Excerpt: ...earing is required, the court will consider increasing the sanctions awarded to include plaintiff's counsel's costs/fees for appearance. All evidentiary objections are overruled. Explanation: A party bringing a motion to commence discovery into a plaintiff's sexual history must proceed by noticed motion. The moving party must provide evidence of a good faith attempt to resolve the matter informally, and must establish both: (1) specific facts sho...

Excerpt: ...nforceable. The petitioner (seeking to compel arbitration) bears the burden of proving the existence of an arbitration agreement by a preponderance of the evidence. The party claiming a defense bears the same burden as to the defense. (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413‐ 414.) The party seeking to compel arbitration bears the burden of proving the existence of a valid arbitration agreement. (Engalla v. P...

Excerpt: ...nt public entity for collateral source payments paid or obligated to be paid for services or benefits that were provided prior to the commencement of trial.” (Gov. Code, § 985, subd. (b).) A “collateral source payment” is money “paid or obligated to be paid” by “private medical programs, health maintenance organizations, state disability, unemployment insurance, private disability insurance, or other sources of compensation similar t...

Excerpt: ... balance of the award to be deposited into a pooled special needs trust in order to preserve the minor's public benefits. However, petitioner must first file a petition under Probate Code section 3604 with the Probate Department, so it can confirm that the trust complies with California Rules of Court, rule 7.903, and provide for ongoing court supervision. Once that is accomplished, petitioner may refile his compromise petition with this court. I...

Excerpt: ...for bringing the motion. To grant plaintiffs' motion to amend the complaint. To treat defendant's motion for summary judgment/adjudication as a motion for judgment on the pleadings, and to grant it with leave to amend. Plaintiffs are given leave to amend the causes of action now predicated on alleged Labor Code violations to state causes of action for failure to pay overtime on other bases as may be provided by law. Plaintiffs are granted 15 days...

Excerpt: ...efendants demur to the first, second, and third causes of action in the complaint on the ground that there is another action pending between the same parties on the same cause of action. (Code Civ. Proc. § 430.10, subd. (c).) They claim that some of the plaintiffs in the present action have also brought the same construction defect claims in another action that was previously filed in Fresno Superior Court against the same defendants. (See Defen...

Excerpt: ...typeset. Explanation: Defendant Eskander Yousseff Eskander has moved to strike the requests for punitive damages from the complaint filed by Plaintiffs Brandon Griffith and Dareen Malaythong, a married couple. Plaintiffs have filed claims for negligence per se/general negligence and loss of consortium stemming from an alleged hit‐and‐run accident. Defendant contends that punitive damages are not available for a claim for negligence and that t...