Excerpt: ... both Plaintiffs and Defendants are contractually prohibited from disclosing. Hogan asserts that the relief requested is proper pursuant to California Rules of Court, rules 2.550 and 2.551 because an overriding interest exists per NBC Subsidiary (KNBC -TV), Inv. v. Superior Court (1999) 20 Cal.4th 1178; a substantial probability exists that the overriding interest will be prejudiced if the information is not sealed or redacted; the proposed seali...

Excerpt: ... 6 of 25 Defendants contend that this action arises from the care and services rendered to Decedent, Bruce Douglas, during his residency at the “Gordon Facility” and the “Anaheim Facility”; that on June 8, 2022, when he was first admitted to the Gordon Facility, a written Arbitration Agreement was entered into and signed by Plaintiff, Ellen Douglas, as Bruce Douglas' “Legal Representative and/or Agent” as stated in the agreement; tha...

Excerpt: ...der section 2030.230 is unwarranted or the required specification of the documents is inadequate, or an objection is without merit or too general. (Code Civ. Proc., § 2030.300(a).) Plaintiff's responses to the disputed interrogatories are non -substantive. They assert boi lerplate objections based on premature expert disclosure, attorney -client privilege, attorney work product doctrine. Most then go on to state that further supplemental respon...

Excerpt: ... objections to RFP 1; 3. To produce all responsive documents, with emails and excel sheets produced in native format; and 4. To serve verifications to the Third Supplemental Responses dated February 7, 2024, and any other amended/supplemental responses served thereunder. Plainti ff contends that The Garden's responses and supplemental responses to the requests at issue are incomplete and that the boilerplate objections are meritless. Plaintiff a...

Excerpt: ...t Will -Work. Will- Work a sserts that since the Court's sustaining of Will -Work's previous demurrer, Plaintiff has only inserted a few ambiguous, conclusory statements about Will -Work, neglected to revise its caption page to add Will -Work as a defendant, a fatal flaw as discussed i n the concurrently filed Motion to Strike, and fails to allege any specific facts related to Will -Work's conduct. Will -Work also contends that the Ninth Cause...

Excerpt: ...laint for declaratory and i njunctive relief, based on the facts pleaded, the only cognizable injury HNHPC alleges is the assessment of tax liabilities on it, and the gravamen of this lawsuit is a tax refund action as the net result of HNHPC's claims, if successful, would be to absol ve it of its assessed tax liabilities. Respondents assert that Revenue and Taxation Code (“RTC”) sections 34013 and 55243 and California Constitution, Article XI...

Excerpt: ... if an ans wer to a particular interrogatory is evasive or incomplete, or an exercise of the option to produce documents under Code Civ. Proc. section 2030.230 is unwarranted or the required specification of those documents is inadequate, or an objection to an interr ogatory is without merit or too general. The motion must be accompanied by a meet and confer declaration under Code. Civ. Proc. Section 2016.040. (Code Civ. Proc. § 2030.300(b).) P...

Excerpt: ...oceeding.” (Code Civ. Proc., § 437c(a)(1).) “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which ob...

Excerpt: ...rk as “an off icer” and “personnel” of Kash Construction, Inc., which holds the requisite Class B General Building license obtained by Mohammad Kashouli, the CEO of Kash Construction Inc. Plaintiff submits no legal authority in support of this argument. Plaintiff als o points out that Plaintiff has a Motion for Leave to File a First Amended Complaint calendared for a June 6, 2024 hearing. In the First Amended Complaint, Plaintiff seeks to...

Excerpt: ...damages to Plaintiff s which directly relate to and arise out of the same set of general facts and transaction underlying Plaintiffs' claims as alleged in their operative complaint, i.e., Plaintiffs' transaction with Architectural, Inc. for the purchase and installation of handmade steel windows and doors at Plaintiffs' home. Procedural Requirements A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or am...

Excerpt: ...rty must mee t and confer in person, by telephone, or by videoconference. (Code Civ. Proc., § 430.41.) Here, Plaintiffs met and conferred by email only. (Declaration of Parham Nikfarjam ¶¶ 2 -3.) The Court will exercise its discretion to consider the merits of the D emurrer but admonishes the parties and counsel that the future failure to comply with Page 11 of 25 all applicable statutes and rules may result in a motion being denied or taken o...

Excerpt: ...ion commonly po ssess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can only be proved by t...

Excerpt: ...�if the pleading is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) Page 18 of 33 Here, it is unclear what Plaintiffs are alleging a grievance with. They allege that Plain tiff Aretha Li's saxophone was stolen and that the Placentia Police Department did not adequately investigate the case. They then allege that various police officers, city counc...

Excerpt: ...cation allowing John W . Lomas, Jr. to appear as counsel pro hac vice for Defendant, Thales Avionics, Inc. In reviewing the application for pro hac vice, there appears to be a number of deficiencies. Under California Rules of Court, rule 9.40(c)(1), the applicant must file p roof of service by mail of a copy of the application and of the notice of hearing of the application on the State Bar of California at its San Francisco. Additionally, unde...

Excerpt: ...leadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by de fault against that party. (Code Civ. Proc. § 2023.030(d).) Additionally, the Court may impose a monetary sanction ordering that one engaging in conduct that is a misuse of t...

Excerpt: ...ober 26, 2023. ( See ROA 81.) Petitioner appears to have filed a Substitution of Attorney on October 30, 2023, indicating that it is now represented by Marc Cohen, Esq. of Cohen Law Group, APC. (ROA 91.) On that same date, Petitioner filed an Association of Counsel indic ating that Allen Matkins Leck Gamble Mallory & Natsis LLP, and attorneys Scott J. Leipzig, Michael R. Farrell, and Tim C. Hsu, are associating in as co -counsel for Petitioner ...

Excerpt: ...nt to C.C. P. §§ 2023.010, 2023.030, 2033.280(b). PLAINTIFF also moves for an Order compelling DEFENDANT HORIZON CONSTRUCTION & REMODELING, INC. to serve verified responses, without objection, to Plaintiff's Form Interrogatories - Employment [Set Three], within ten (10) calendar days of the hearing on this Motion. (ROA 144.) Plaintiff moves for an order that Defendant Horizon and its counsel of record Fred Hayes and Rogers, MacLeith & Stolp, L...

Excerpt: ...ond cause of action for stri ct products liability. Request for Continuance In the alternative, Valley Forge contends that the hearing should be continued under Code of Civil Procedure section 437c(h) as additional facts regarding the purchase, installation, and failure of the Culli gan System will be revealed through additional discovery including the deposition of Defendant, Morris Inc.'s PMK which has not yet been taken; and which has been rev...

Excerpt: ...t least 21 day s before the motion is filed. Section 128.7(c) reads, in pertinent part: "A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice o f motion shall be served as provided in section 1010, but shall not be filed with or presented to the court unless, within 21 days of service of the motion, or any other p...

Excerpt: ...nses dee med improper by the propounding party; e.g., objections, or evasive or incomplete answers. [Code Civ. Proc. § 2030.300.] Additionally, failing to respond to Form Interrogatories within the time limit waives most objections to the interrogatories, includin g Page 4 of 33 claims of privilege and “work product” protection. [Code Civ. Proc. § 2030.290(a).] In this instance, Plaintiff propounded Form Interrogatories to Connell Chevrolet...

Excerpt: ...inst the aforementio ned parties on three issues. Notice Plaintiff, Citizens Insurance Company of America, (“Plaintiff” or “Citizens”) contends that that motion should be denied as Craig failed to provide proper 75 days' notice as required by Code of Civil Procedure section 437c. 75-days' notice is required on a motion for summary judgment. (Code Civ. Proc. § 437c(a)(2).) Code Civil Procedure section 437c(a)(2) states, “Notice of the m...

Excerpt: ...favor and against the afor ementioned parties as to the five issues regarding Plaintiffs' causes of action for negligence, strict products liability, private nuisance, and trespass which are asserted against Craig. Notice Plaintiff, Citizens Insurance Company of America, (“Plaintiff” or “Citizens”) contends that that motion should be denied as Craig failed to provide proper 75 days' notice as required by Code of Civil Procedure section 4...

Excerpt: ...iary duty causes of action o n the grounds they are not sufficiently pled. Plaintiff did not file an Opposition. Whether the Action is Barred by the Statute of Limitations? Page 18 of 33 Defendant contends that the gravamen of Plaintiff's action is for negligence despite the fact that he asserts causes of action for misrepresentation, breach of written contract, and breach of fiduciary duty. Defendant contends that Plaintiff “reframed” his ...

Excerpt: ... state law, (2) deprived plaintiffs of rights secured by the Constitution or federal statutes.” (Murchison v. County of Tehama (2021) 69 Cal.App.5th 867, 883.) While municipalities may be held liable for causing a constitutional deprivation inflicted by its employee s or agents, Monell v. Department of Social Services (1977) 436 U.S. 658, 690, neither a state nor its officials acting in their official capacities can be held liable under it, Wi...

Excerpt: ... declaration in accord ance with the Court's January 11, 2024 Minute Order. Said declaration provides that the parties met and conferred via telephone on February 7, 2024, per the Court's ruling, and that they were unable to come to an agreement as to any issue. (Declaration of Jason M. Fodrini, ¶¶ 5 -8.) First Cause of Action for Breach of Contract Defendant contends that the Complaint is brought on behalf of five plaintiffs living in three s...