Excerpt: ...aint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Second Cause of Action: Failure to Engage in Good Faith Interactive Process It is a jurisdictional prerequisite to state a claim under the Fair Employment and Housing Act (FEHA) that the plaintiff exhausted his administrative remedies before commencing a lawsuit. (Gov. Code, §§ 12960, 12901, 12925, subd. (b); O...

Excerpt: ...errule Defendants' demurrer to the remaining causes of action. To grant Defendants' motion to strike Plaintiff's claims for punitive, special, and exemplary damages, with leave to amend. Plaintiff is granted 20 days, commencing from service of the minute order by the clerk, to file and serve a first amended complaint. All new allegations in the amended complaint are to be set in boldface type. Explanation: Demurrer In testing a pleading against a...

Excerpt: ...r the Federal Employers Liability Act. He claims that on March 15, 2015, he suffered neck and lower back injuries when he was struck on the right side of the head by an object that entered through an open window while he was operating a locomotive owned by the Defendant Union Pacific. He alleges that the air conditioner was broken and the windows were open for cooling purposes. At the time, he was working as a locomotive engineer on UP644 at Defe...

Excerpt: ...ant to show, by a preponderance of the evidence, that it is more likely than not that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) In determining whether any triable issues of material fact exist, the court must strictly construe the moving papers and liberally construe the declarations of the party opposing summary judgment. Any doubts as to whether a triable issue of material fact exist...

Excerpt: ...ree speech rights and/or right to petition. (Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLP (2005) 133 Cal.App.4th 658.) The defendant must establish that the “core injury‐producing conduct upon which the plaintiff's claim is premised” is protected speech. (Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 2364, 1272.) The meaning of “arising from” in Code of Civil Procedure, section 425.16, subdivision (b)(1...

Excerpt: ...t One, and Request for Production of Documents, Set One, without objection, and shall produce all documents responsive to the requests for production. All objections are waived. To impose monetary sanctions in favor of plaintiffs in the amount of $767.00 against Voua Yang and Cindy Mai Xiong (Code Civ. Proc. §§ 2023.010(d), 2023.030(a)), to be paid within 30 days of service of the order by the clerk. To order plaintiffs to pay filing fees of $1...

Excerpt: ...ther equipment with a California Certificate of Title and eligibility to be licensed for travel on public roads in California) as part of the receivership estate. Although they have filed no opposition to this motion, Defendants apparently objected to the Receiver's sale of vehicles because Plaintiff has no security interest in them. The Order at paragraph 2 provides that the Receiver was to “take possession of all that certain Personal Propert...

Excerpt: ...ther responses to the document requests within 10 days of the date of service of this order. Defendant shall pay monetary sanctions within 30 days of the date of service of this order. Explanation: As an initial matter, to the extent that defendant objects to plaintiff's motion on the ground that the plaintiff's separate statement does not comply with Rule of Court 3.1345, the objection is not well‐taken. Plaintiff's separate statement contains...

Excerpt: ...keting, Inc. (“Sandstone”). Explanation: California law includes special procedures for determining the claims of third persons (i.e., those other than the judgment debtor and creditor) in property under levy. These third party procedures are optional. They may be used by a third party who claims ownership to or possession of real or personal property, or a superior security interest in or lien on personal property. The third party claim proc...

Excerpt: ... strike “shall be entitled” to recover his or her attorney fees and costs. (Code Civ. Proc. §425.16(c); Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131; see also Schroeder v. Irvine City Council (2002) 97 Cal.App.4th 174, 193 [“Our Supreme Court has construed section 425.16, subdivision (c) as mandatory.”].) The award of attorney fees to the prevailing defendant on an antistrategic lawsuit against public participation (SLAPP) motion includ...

Excerpt: ...fendant only needs the extra deposition time because counsel made an inefficient use of time previously. Plaintiffs did not comply with California Rules of Court, rule 3.1116 in attaching the entire unmarked transcripts, and it is not the court's burden to review over 300 pages of transcripts to independently identify the evidentiary basis for plaintiffs' arguments. Defendant has provided a sufficient basis to justify needing more time than the s...

Excerpt: ...fth causes of action both allege claims for harassment in violation of the Fair Employment and Housing Act (FEHA) based on plaintiff's medical condition and sexual orientation. Defendants' contend that the acts of harassment cited by plaintiff with regard to her sexual orientation or medical condition were not so severe or pervasive as to alter the conditions of her employment. “Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590 ....

Excerpt: ...ch type of discovery for which further responses are sought pursuant to California Rules of Court, rule 3.1112; and 3. Failure to submit a separate statement in support of each motion pursuant to California Rules of Court, rule 3.1345(c). Explanation: On or about August 8, 2016, Plaintiff was involved in a motor vehicle accident with a rented Ryder Truck driven by Alan John Walsh in the scope of his employment with Defendant Baggie Farms Express,...

Excerpt: ...r acceptance of offer to allow judgment,” states in relevant part: (a) The costs allowed under Sections 1031 and 1032 shall be withheld or augmented as provided in this section. (b) Not less than 10 days prior to commencement of trial or arbitration (as provided in Section 1281 or 1295) of a dispute to be resolved by arbitration, any party may serve an offer in writing upon any other party to the action to allow judgment to be taken or an award...

Excerpt: ...ugust 30, 2018, at 3:30 p.m. in Department 503. Plaintiff may file a responsive brief on the issue no later than August 16, 2018. Explanation: A party may voluntarily withdraw a pleading filed by him or her. (See Code Civ. Proc., § 128.7, subd. (c).) The wisdom of such a maneuverer is not for the court to decide. The operative second amended complaint was filed May 27, 2015. It seeks termination of three trusts held by the late J.M. Irigoyen, in...

Excerpt: ...gainst a public entity may only be brought where a written claim has been presented to, and rejected by, the entity. (Gov. Code §§905, 945.4; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454 [timely filing of claim is condition precedent to maintenance of civil action].) Such a claim must be presented within six months of its accrual. (Gov. Code §911.2.) Once a notice of rejection has been personally delivered to the claimant or de...

Excerpt: ...e filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and...

Excerpt: ... summary judgment order. Explanation: Civil Code section 55.3, subdivision (b)(1), provides that an attorney “shall provide” the specified written advisory form “with each demand letter or complaint sent to or served upon a defendant or potential defendant alleging a construction‐related accessibility claim . . . .” (Emphasis added.) Civil Code section 55.54, subdivision (a)(1), provides that “an attorney who causes a summons and comp...

Excerpt: ...e a receiver appointed for the purpose of transferring the judgment debtor's interest in the license. (Code Civ. Proc. § 708.630.) A necessary part of a motion for appointment of a receiver is to identify the person the moving party wishes to have serve as the receiver, showing that he or she has the necessary qualifications. The moving party here did not do this, but instead proposes that the receiver will be selected after the motion is grante...

Excerpt: ...00 is not contingent on FCA scheduling surrender of the vehicle. (Code Civ. Proc. § 664.6.) To deny the motion for sanctions. (Code Civ. Proc. § 128.5.) Explanation: Motion to Enforce Settlement Code of Civil Procedure section 664.6 provides: If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon mot...

Excerpt: ...e Osiride Inis Towt Trust, uta dated 2‐1‐91. Plaintiff is the son of Ms. Towt. Contrary to the pleadings, which allege that Plaintiff loaned money to Defendants, Plaintiff states in his declaration in support of his default judgment request that his mother loaned $250,000 to Defendants “as evidenced by a Borrower's Closing Statement” attached as Exhibit A. (Kliegl Decl. at ¶ 3.) There is no Exhibit A attached to Plaintiff's declaration. ...

Excerpt: ...the debtor's assets until final adjudication of the claim sued upon. (Code Civ. Proc., §481.010 et seq.) A creditor must follow statutory guidelines in applying for the attachment and establish a prima facie claim. (Lorber Industries of Calif. v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 535.) An attachment may be issued only if the claim sued upon meets the following requirements: (1) it is a claim for money based on a contract, express or im...

Excerpt: ...n of the defendant if to do so appears to the court appropriate under the circumstances of the case.” Code of Civil Procedure section 583.420 authorizes the court to exercise its discretion to dismiss a matter in three circumstances: if service is not made within two years after the action is commenced against a defendant; if the matter is not brought to trial or conditionally settled within three years, and if the action is not tried within tw...

Excerpt: ...e complete verified responses to the discovery set out above, without objection, within 10 days after service of this order. To grant defendant Donald Inman's motion for sanctions. Plaintiff Eduardo Calderon and his attorney of record, jointly and severally, are ordered to pay monetary sanctions to Ericksen Arbuthnot in amount of $315.00 within 30 days after service of this order. (Code Civ. Pro., § 2031.300(c).) Pursuant to California Rules of ...

Excerpt: ...entative of the client; and 3. proof of service on the defendants as required by Cal. Rules of Court, rule 3.1362(d). Failure to file the required declaration will result in the motion being taken off calendar. Pursuant to California Rules of Court, rule 3.1312 and Code of Civil Procedure section 1019.5(a), no further written order is necessary. The minute order adopting this ruling will serve as the order of the court, and service by the clerk o...