Excerpt: ... Semper, and Lauren Semper without prejudice to securing their depositions at a later date after relevant adult witnesses have been deposed and other discovery has been conducted. Any future depositions with minor children shall be subject to a protective order. Prior to noticing any further motions to compel the depositions of the minor children, the parties are ordered to meet and confer on a proposed protective order. To grant the motion to co...

Excerpt: ... as the parties may agree in writing. To deny the motion to compel production of documents at such deposition. Sanctions in the amount of $310 are awarded against Defendant William Alexander Carney, payable to Whelan Law Group within forty‐five (45) days of the date of service of this order. Explanation: Plaintiff moves to compel the deposition of Defendant William Alexander Carney pursuant to a notice of deposition, served on September 9, 2019...

Excerpt: ...tatements in violation of Labor Code section 226(a), (2) failure to provide meal and rest periods or compensation in lieu thereof in violation of Labor Code sections 226.7 and 512, and (3) constructive discharge in violation of public policy. The second and third causes of action are individual causes of action for plaintiff only, and are not brought on behalf of other aggrieved employees. Because an aggrieved employee's action under the [PAGA] f...

Excerpt: ...e of a Writ of Attachment as to Cross‐Defendant BCJ Sand and Rock, Inc. 3) Hearing on Defendant and Cross‐Complainant Sequoia Equipment Company, Inc.'s Application for Right to Attach Order and for Issuance of a Writ of Attachment as to Cross‐Defendant Darwin Christ Tentative Ruling: To deny all applications. Explanation: Plaintiff Macquarie Equipment Capital, Inc.'s Application The court finds that the operative question with the applicati...

Excerpt: ...ent with the ruling on the motion. Explanation: 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).) The moving party bears the initial burden of production to make a prima facie showing of the “nonexistence of any triable issue of material fact[.]” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850...

Excerpt: ...roc. § 430.10.) To strike the second and third amended answers on the court's own motion, as they were improperly filed without leave of court. (Code Civ. Proc. § 472.) To grant leave to amend the answer. Defendant shall file and serve his second amended answer within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: First, the second and third amended answers were both improperly filed b...

Excerpt: ...or, in the alternative, for issue, evidence, and/or monetary sanctions against Plaintiffs Yan Li and Yuqiang Yang as individuals and as successors in interest to Qinsong Yang Tentative Ruling: To grant the motion for an order deeming admitted the truth of facts in Defendants' Request for Admission, Set One, as to Plaintiff Yan Li and to award sanctions in the amount of $495 against Plaintiff Yan Li, payable within thirty (30) days of the date of ...

Excerpt: ...n 583.410 should not be entered if this paperwork is not submitted by the deadline of January 31, 2020. Explanation: There has been an inordinate amount of delay in this case. The only remaining defendant was defaulted in November 2017, and yet the initial application for entry of judgment was not even presented until April 2018. Then, the delay from the court's denial of the request for default judgment in May 2018,1 until entry of dismissal on ...

Excerpt: ... objections. Objections of Cardiovascular Consultants Heart Center (“CVC”): The objections do not comply with California Rules of Court, rule 3.1354(b). None of the objections are sequentially numbered, and some objections fail to quote or set forth the objectionable statement or material. (Cal. Rules of Court, rule 3.1354(b).) Having reviewed the objections and the material objected to, the objections would be overruled on the merits, as wel...

Excerpt: ...new or amended allegations shall be set forth in boldface typeset. Explanation: A general demurrer admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or ...

Excerpt: ...er's fees and costs. Explanation: The property has now been sold and remediated, so there is no longer any need for the receiver to manage the property. Therefore, the court grants the motion to discharge the receiver. (Sly v. Superior Court (1925) 71 Cal.App. 290, 294 [trial court has inherent power to discharge receiver as part of its power of appointment].) Also, the receiver has filed his final report and accounting, which appears to be reaso...

Excerpt: ...87, “[w]hen jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” ...

Excerpt: ...quests for production of documents, set one. To grant ADM's motion for additional monetary sanctions of $1,750 jointly and severally against RBT and its counsel, Georgeson & Bellardinelli and the Law Firm of Campagne and Campagne, for their continued willful and deliberate failure to comply with this court's prior orders of November 20, 2018 and June 21, 2019 compelling RBT to respond to the document requests. RBT and its counsel shall pay moneta...

Excerpt: ...s after the completion of the record. (Code of Civ. Pro., § 2025.480(b).) Here, 75 days elapsed, and the motion must therefore be denied. (See infra.) If the instant motion is treated as a motion to compel further responses to inspection demands, to deny on the ground that the motion was filed more than 45 days after the response containing the objection was served. As a result, Plaintiff has waived the right to compel pursuant to Code of Civil ...

Excerpt: ... on the ground that it was improperly filed without first seeking leave of court under Code of Civil Procedure section 473, subdivision (a)(1), this contention is not a proper ground for a demurrer. Failure to obtain leave of court for an amended pleading is not one of the listed statutory grounds for a demurrer. (See Code Civ. Proc. § 430.10, subd. (a)‐(i).) Instead, if a party objects to an improperly filed amended pleading, the correct reme...

Excerpt: ... by affidavit stated facts establishing every element . . . necessary to sustain a judgment in his favor.” (See Consumer Cause, Inc. v. SmileCare (2001) 91 Cal.App.4th 454, 468 (emphasis in original, internal quotations omitted).) Given that the moving party has not met her burden, it is not necessary to examine the opposition or the reply. It is also not necessary to rule upon evidentiary objections. Explanation: Requirements for Summary Adjud...

Excerpt: ...alidly allege facts to support the punitive damages claims. Explanation: Defendant has filed a purported demurrer to the Third Amended Complaint. Although the documents contain a memorandum of points and authorities and a notice, it does not appear that Defendant has filed a separate demurrer. The notice states that the “demurrer” is made on the ground that the Third Amended Complaint “is uncertain, fails to state sufficient facts to suppor...

Excerpt: ... whether or not this matter and Amaro v. Gerawan Farming, Inc., United States District Court Case No. 1:14‐cv‐00147‐DAD are related pursuant to California Rules of Court, rule 3.300, and the impact of the certified class in that matter on the instant case. To order those papers to be filed on or before March 12, 2019. Explanation: 1. Class Certification a. Standards An agreement of the parties is not sufficient to establish a class for sett...

Excerpt: ...omplainant Norcal Mutual Insurance Company (“NORCAL”) to the evidence submitted by Plaintiff and Cross‐ Defendant Cardiovascular Consultants Heart Center (“CVC”): Jamison Declaration: Sustain objection nos. 4 and 8; overrule the remainder. Morrow Declaration: Sustain objection nos. 3, 6, 7, 9, 10, 11; overrule objection nos. 1, 2, 4, 5, 8. Boran Declaration: Sustain objection no. 6; overrule objection nos. 1‐5, 7, 8. Additionally, CVC...

Excerpt: ...y the clerk. Explanation: On April 19, 2018, Shaver Springs successfully moved to strike certain punitive damages allegations from the Complaint. Any amended complaint was to be filed and served within 10 days of service of the order by the clerk. (See April 19, 2018 Order.) Six months later, on October 17, 2018, plaintiff filed a First Amended Complaint. (Actually, plaintiff filed three versions of the First Amended Complaint on October 17, 2018...

Excerpt: ...hing the reason each cost claimed was incurred, so that it can be determined which costs arose from Plaintiff's non‐ FEHA causes of action. The Court will continue the hearing on the instant motion to Wednesday, March 20, 2019, to allow Defendant time to file its evidence regarding its costs incurred in defending against Plaintiff's non‐FEHA claims. Explanation: “California courts have followed federal law, and hold that, in exercising its ...

Excerpt: ...lic Participation (SLAPP) Overview: The anti‐SLAPP statute describes claims within its purview: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has establish...

Excerpt: ...eave to amend is granted as to plaintiff's claims under the Fair Employment and Housing Act (FEHA), as stated under the first cause of action, her claim for intentional infliction of emotional distress as stated under the third cause of action, and her wage and hour claims as stated under the fourth cause of action. Plaintiff is granted 10 days' leave to file the First Amended Complaint, which will run from service by the clerk of the minute orde...

Excerpt: ...laint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776‐777.) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to allow amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) A motion for leave to amend must comply with California Rule of Court 3.1324. Under...

Excerpt: ...nt Shalaka Ritesh Gadewar based on the allegation that she was the driver and owner of the van that was involved in the accident with them. However, according to the undisputed facts presented by defendant, she was neither the owner nor the driver of the van. (Defendant's UMF Nos. 1‐4.) The van was driven by her husband, Ritesh Ashokrao Gadewar, and it was owned by EAN Holdings, LLC, aka Enterprise Rent‐A‐Car. (UMF Nos. 2, 4.) Plaintiffs ha...