Excerpt: ...elling Plaintiff, Thomas Monaco to (1) Respond to Demand for Production, Set No. One; and (2) Pay Costs and Sanctions in the Amount of $504.00 –GRANTED, and unopposed. a) The Court finds that Plaintiff entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without objection, within 15 da...

Excerpt: ...approval and the subsequent order revising the same pursuant to the parties' stipulation. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause ap...

Excerpt: ...�778.). The matters contained in Request for Admissions, Set One, are deemed admitted. The Court further finds that Defendants are entitled to an award of monetary sanctions in connection with Plaintiff's failure to respond to the subject discovery. (Code Civ. Proc. §§2033.280(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendants are awarded monetary sanctions in the amount of $230 against Plaintiff and her att...

Excerpt: ... Esq. and Hinshaw & Culberston LLP – GRANTED; c) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things; Request for Sanctions in the amount of $1,100.00 against Defendant David Greer and his Attorney of Record Attorney Bradley M. Zamczyk, Esq. and Hinshaw & Culbertson LLP – GRANTED; d) Plaintiff's Motion to have Request for Admissions Deemed Admitted or in the Alternative for an Order Compelling Answers; Requ...

Excerpt: ...lement to judgment on the Plaintiffs' Complaint. Specifically, Defendant's evidence demonstrates that liability is barred by the immunity provisions of Gov. Code §831.8 and that Defendant did not own or control the subject drain, roadway, or the shoulder separating the two. The burden then shifts to Plaintiffs to demonstrate the existence of disputed issues of material fact that defeat judgment in Defendant's favor. While Plaintiffs have provide...

Excerpt: ...ses that are the subject of the instant motion. The failure to comply with this requirement constitutes a sufficient ground for denial of the motion, in the Court's discretion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) Nevertheless, Defendants have acknowledged that supplemental responses and production of documents are necessary and indicates that the same are in the process of being provided. Therefore, the hearing is continued and ...

Excerpt: ...TED. Judgment shall be entered on the underlying debt in the amount of $65,872.40. In addition, Plaintiff has established entitlement to costs, but no admissible evidence of the amount of costs has been submitted. Therefore, Plaintiff may submit a cost bill within the time prescribed by statute. The Court will sign the proposed order submitted by Plaintiff. Counsel shall submit a revised form of judgment consistent with the Court's ruling herein....

Excerpt: ...uirements of the Code of Civil Procedure, and the moving party has not demonstrated that any substantive responsive information has been withheld. Moreover, the cases cited by the moving party do not demonstrate its entitlement to an order compelling further responses in the context of allegedly unmeritorious objections that are nevertheless accompanied by complete and substantive responsive information. Therefore, it appears there is nothing fur...

Excerpt: ...e issue of material fact. With regard to the moving defendant's motion challenging Plaintiff Evan Mays' causes of action for negligence (2 nd) and joint and several liability (3 rd): The Court finds that Defendant has met the initial burden with regard to the absence of a dangerous condition at the location of the plaintiff's accident. However, Plaintiffs have identified material factual disputes which prevent summary adjudication of this issue. ...

Excerpt: ...ject of the motion in conjunction with the supporting material facts claimed to be without dispute with respect to each such defense (subd. (d)(1)). The Court finds that this failure amounts to more than a technical oversight, as it prevents the Court from being able to determine whether all relevant material facts have been identified by the moving party and to reach the merits of the challenges presented herein. Such procedural defects in the s...

Excerpt: ...s never served on the custodian; therefore, it appears there is no effective subpoena at issue. Lastly, Defendants have demonstrated that the subject records were previously obtained via an earlier subpoena without objection from Plaintiff; therefore, the issue of waiver is implicated herein. b) The Court finds that Defendants' disclosure of Dr. Mann does not meet the requirements for supplemental expert designation set forth in Code Civ. Proc. �...

Excerpt: ...ticularly in view of the parties' stipulated protective order. Even assuming arguendo that P can establish the above‐described elements, Defendant has demonstrated that the subject discovery is directly relevant to the claims herein and that less intrusive methods are unavailable, based on Plaintiff's own conduct with regard to other methods of discovery in this action. ...

Excerpt: ...D; c) Defendants' Motion for Summary Judgment, or in the Alternative, for Summary Adjudication –SUMMARY JUDGMENT DENIED; SUMMARY ADJUDICATION GRANTED, in part, and DENIED, in part. (a), (b) The Court is inclined to consider the appointment of a discovery referee in this matter, based on the numerous time‐consuming discovery issues requiring resolution as well as the history of discovery disputes and the parties' inability to informally resolv...

Excerpt: ...ures contemplated by Dr. Rogers is insufficient to allow the Court to draft the order with the degree of specificity required by law. (Code Civ. Proc. §2032.320(d); Carpenter v. Superior Court (Yamaha Motor Corp.) (2006) 141 Cal.App.4 th 249.) Therefore, counsel shall appear at the hearing to present such information to the Court. In addition, counsel shall meet and confer with regard to an anticipated date of the exam to be included in the orde...

Excerpt: ...f in His Complaint –SUMMARY JUDGMENT GRANTED, and unopposed. a) Defendant, as the moving party, has demonstrated entitlement to judgment on the claims asserted in Plaintiff's Complaint. Based the declarations of Rudy Baca, Xavier Baca, Robert Fores, the evidence submitted therewith, and the matters subject to judicial notice, and in the absence of opposition, the Court concludes that Defendant owed no duty to Plaintiff based on the fact that he...

Excerpt: ...f in His Complaint –SUMMARY JUDGMENT GRANTED, and unopposed. a) Defendant, as the moving party, has demonstrated entitlement to judgment on the claims asserted in Plaintiff's Complaint. Based the declarations of Rudy Baca, Xavier Baca, Robert Fores, the evidence submitted therewith, and the matters subject to judicial notice, and in the absence of opposition, the Court concludes that Defendant owed no duty to Plaintiff based on the fact that he...

Excerpt: ... will not be prejudiced by the proposed amendment, particularly in view of the fact that Defendant would have no ability to conduct further discovery on the newly alleged claims should the amendment be allowed. Lastly, the Court notes that the motion fails to comply with the requirements set forth in Cal. Rules of Ct., rule 3.1324 in that Plaintiffs failed to identify by page, paragraph and line number any additions/deletions from the previous ve...

Excerpt: ... to the subject discovery and all objections are waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2030.290(c), 2023.010(d), 2023.030(a); Cal. Rules of ...

Excerpt: ...on of public property. As to the former, defendant has established the absence of evidence that any City employee is liable for any omission or commission relative to the identified sidewalk, and thus no basis for respondeat superior. Plaintiff has presented no evidence to create a triable issue of fact hereon. As to the latter, while plaintiff does present a triable issue of fact regarding the existence of a dangerous condition of public propert...

Excerpt: ...g discovery thus far confirms that she has percipient knowledge about the entity defendants' handling of the issues presented by P's claims in this case. Additionally, as it appears that the discovery conducted thus far has not been effective in revealing the extent of Ms. Cunliffe's knowledge or involvement regarding such issues, Plaintiff has demonstrated that Ms. Cunliffe possesses superior or unique knowledge of the same. Counsel shall meet a...

Excerpt: ...monstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...

Excerpt: ... at 8:30 a.m. in Department 24. This is a residential tenancy dispute commenced by way of complaint on August 12, 2021. The Court notes this is the first of thirty‐two (32) discovery motions – on calendar in this matter through February 9, 2022. The eight (8) motions on calendar on this date are brought to compel further responses to every inquiry included in Plaintiffs' first set of Judicial Council Form Interrogatories. The separate stateme...

Excerpt: ...ual abuse by a nurse (causing emotional distress), neglect and abandonment by failing to bring plaintiff food and leaving him in the shower (causing emotional distress), and pharmaceutical abuse (causing plaintiff to fall in the shower). Defendant's demurrer and motion to strike are directed at most of the charging averments in the operative Fourth Amended Complaint. The demurrer is based on the failure to state, as well as on grounds of uncertai...

Excerpt: ...�related claims to arbitration. Plaintiff does not deny signing the agreement and provides no evidence to support his contention that the agreement was “required” as a condition of his employment with Defendant or that he was otherwise compelled to sign the agreement. There is no evidence of procedural unconscionability. While at the time Defendant moved to compel arbitration of Plaintiff's individual claims, the operative complaint did not c...

Excerpt: ...that does not meet the requirements set forth in Code Civ. Proc. §437c(f)(2). Upon review of the papers related to that issue, the Court finds that Defendant has demonstrated that the instant motion is based on a different legal theory and changed circumstances from the first motion and is, therefore, permissible in the exercise of the Court's discretion. As Mr. Shaw submitted no substantive opposition to the defense's undisputed material facts ...