Excerpt: ...documents it is withholding from discovery. (Acosta Decl. ¶ 10 [listing categories of documents for which defendant still asserts privilege].) With respect to communications between Library District or defendant's labor and employment counsel, Liebert Cassidy Whitmore (“LCW”) and outside counsel, attorney Angela Reddock-Wright, LCW hired Reddock-Wright to investigate defendant Brenda Siebert's claims of race discrimination and retaliation ag...

Excerpt: ... by Romex, judgment should be entered in favor of Plaintiffs because there is no triable issue of material fact that (i) Romex entered into valid and enforceable contracts in the form of purchase orders and commercial invoices with Plaintiffs for the purchase of textiles between 2014 and 2019; (ii) Plaintiffs substantially performed under the contracts by delivering the textiles; (iii) Romex failed to pay certain invoices for the textiles, thereb...

Excerpt: ...er, the Court notes that the higher billing rates must necessarily correlate with reduced time spent completing tasks due to the greater experience that such rates indicate. The Court has reviewed the billing entries from counsel for plaintiff and finds that there have been some excessive billings for certain matters. (Block Decl. ¶ 11 & Ex. 2.) The Court reduces the following billing entries, totaling $750.00.  7/2/2020 – email from defens...

Excerpt: ...ity, and the tenth cause of action for Declaratory Relief. The Court finds that severance of the causes of action in the Second Amended Cross- Complaint against Colaco from the Third Amended Complaint is appropriate. “[T]here can be no indemnity without liability . . . . [U]nless the prospective indemnitor and indemnitee are jointly and severally liable to the plaintiff there is no basis for indemnity.” (Munoz v. Davis (1983) 141 Cal.App.3d 4...

Excerpt: ...October 18, 2021, as reflected in the Court's Minute Order, the parties orally stipulated to a 15-day extension to respond to the complaint. However, before defendant responded to the Complaint, plaintiff filed and served a First Amended Complaint on October 27, 2021. Defendant received a copy of the First Amended Complaint via facsimile on October 28, 2021. (Herrera Decl. ¶ 4.) Defense counsel contends that he applied the 15-day extension to th...

Excerpt: ...e Novak Law Firm, P.C., filed January 28, 2022. While they are counsel for Immanuel Justin Lovingood in the related action (21STCV25557), they are not counsel for Lovingood in this action. Accordingly, The Novak Law Firm, P.C. has no standing to oppose this motion on behalf of Lovingood. In order to demonstrate lack of good faith, the non-settling party must show that the settlement is so far “out of the ballpark” as to be inconsistent with t...

Excerpt: ...fails as a matter of law because: (1) Plaintiff cannot establish a prima facie case of discrimination; (2) Plaintiff was terminated for legitimate, non-discriminatory reasons; and (3) Plaintiff cannot show the District's reasons for termination were pretext. “On a disability discrimination claim, the prima facie case requires the plaintiff to show he or she (1) suffered from a disability, or was regarded as suffering from a disability; (2) coul...

Excerpt: ...MINARY MATTERS Cross-complainant and personal representative of the Estate of Marilyn Ashby, Kamerron Easton's opposition to the demurrer is 44 pages long, in violation of Rule of Court 3.1113(d) [“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages”].) “A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed pap...

Excerpt: ...Responses to Special Interrogatories, Set One is GRANTED IN PART. Plaintiff seeks further responses to Request for Production Nos. 12 and 13 and Special Interrogatory Nos. 9 and 18. Request for Production No. 12 and Special Interrogatory No. 9 seek documents and information relating to notices given by defendant Jaguar to the Secretary of Transportation about defects in 2019 Land Rover Range Rover vehicles, which were required under 40 U.S.C. §�...

Excerpt: ...sts the striking of objections. After the motion was filed, Regan served supplemental responses. (Robie Decl. ¶ 7 & Ex. 5.) For Request Nos. 3 and 9-16, Sturman indicates that the supplemental responses are satisfactory. (Reply at 10.) However, Sturman maintains that the supplemental responses to Request Nos. 1, 2, 4-8, 17, and 19 are not code compliant because Regan has not produced responsive documents. (Reply at 5.) With respect to Request No...

Excerpt: ...rved and filed on January 12, 2022. Based on the hearing date of January 25, 2022, the deadline to serve and file an opposition was January 11, 2022. Defendant's opposition was served and filed one court day late. Nevertheless, the Court exercises its discretion and consider the opposition. (Cal. Rule of Court 3.1300(d) [“No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the court, in its discretion...

Excerpt: ...intiff in this action” or could seek via noticed motion “the reasonable attorney's fees, costs, and expenses recoverable under Civil Code Section 1794(d) to date” as determined by the Court (Tahsildoost Decl. ¶ 7 & Ex. D at ¶ 4.) By this motion, plaintiff has opted for the latter. As a preliminary determination, the Court notes that plaintiff cannot seek fees incurred after June 22, 2021, the date of the CCP § 998 offer. The Court finds ...

Excerpt: ...nses to Special Interrogatories, Set One is GRANTED IN PART. As a preliminary matter, defendant Carmona Premiere Chiropractic Centers, Inc.'s opposition to the two motions was untimely served on January 8, 2022 and filed on January 10, 2022. Based on the hearing date of January 20, 2022, the deadline to serve and file oppositions was January 6, 2022. Defendant's opposition was served one court day late and filed two court days late. Nevertheless,...

Excerpt: ...dant Specialized Loan Servicing LLC (“SLS”), after the motion was filed, plaintiff provided a third supplemental response, along with additional documents, including communications with his tax advisor and written confirmation from the Internal Revenue Service that he filed his 2016 tax return. Plaintiff's new objections based on compound phrasing, lack of relevance, and invasion of financial privacy are STRICKEN based on plaintiff's failure ...

Excerpt: ... of action for gender/sex/pregnancy discrimination in violation of FEHA fails because she cannot establish a prima facie case of gender/sex/pregnancy discrimination. Even assuming that Plaintiff could establish a prima facie case of discrimination, whether The Regents had a legitimate, non‐discriminatory business reason for terminating her employment, and whether Plaintiff can provide substantial evidence that The Regents' reason was pretextual...

Excerpt: ... and to enjoin defendant from further transferring, selling, or otherwise encumbering Gold Benzo's license. As a preliminary matter, the Court GRANTS defendant's unopposed Request for Judicial Notice as to both Items 1 and 2. “[T]he question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely t...

Excerpt: ...ifically that the inspection demands are probative of the central issue of defendants' dissemination of plaintiff's sexually explicit photographs and videos obtained pursuant to a search warrant targeting plaintiff's electronic communications providers. (Murray Decl. ¶¶ 11, 12; FAC ¶¶ 15, 16.) CHP argues that the photographs retrieved from plaintiff's cell phone are equally available to plaintiff. However, as plaintiff explained, the inspecti...

Excerpt: ...tiff falsely states the Court suggested plaintiff amend the First Amended Complaint. As reflected in the Court's Order cited by plaintiff's counsel in support of her false statement, the Court simply noted that plaintiff failed to state a violation of state or federal law upon which the whistleblower retaliation cause of action can be maintained, as required by Labor Code § 1102.5(b). Evidentiary objections 7 through 11 are SUSTAINED due to coun...

Excerpt: ...ird-party Bank of America. As a preliminary matter, defendants Raptakis and Kim untimely served and filed their opposition on January 5, 2022, only four court days before the hearing. (See CCP § 1005(b) [deadline to file opposition to motion is nine court days prior to hearing.) The Court exercises its discretion and considers the opposition. (Cal. Rule of Court 3.1300(d) [“No paper may be rejected for filing on the ground that it was untimely...

Excerpt: ...ECIALLY APPEARING DEFENDANTS ALTAMED HEALTH SERVICES CORPORATION AND ALTAMED FOUNDATION'S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT Defendants AltaMed Health Services Corporation and AltaMed Foundation (collectively, “AltaMed Defendants”) contend that, although plaintiff Ai Agnes Sasaki attempted to serve them by FedEx, plaintiff failed to send two copies of the Notice and Acknowledgement of Receipt and the return envelope, as is requi...

Excerpt: ...n actual time expended, and determined by the Court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of this action. The Court finds that the hourly rates of charged by counsel for plaintiff in this action are reasonable. (Taylor Decl. ¶¶ 12, 13; Wirtz Decl. ¶¶ 4-13.) However, the Court notes that the higher billing rates must necessarily correlate with reduced time spent completing tasks due t...

Excerpt: ...asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendants' request for judicial notice is DENIED as to Exhibits B and C, because these exhibits contain no file stamps on the first page indicating that these exhibits are records of any court. Plaintiff Dr. Utz Claassen's request for judicial notice as to Exhibits 1 and 2 is GRANTED, but only for the existence of the documents, not the truth of t...

Excerpt: ...ever repay such funds at the time of inducing plaintiffs into so doing. In so finding, the Court concludes that the damages proven by plaintiff in connection with the fraud causes of action (Counts 5-8) is the amount of money defendants defrauded plaintiff into paying, namely, $160,000 in connection with Promissory Note #1 and $25,000 in connection with Promissory Note #2. The Court does not find plaintiff is entitled to judgment as to Counts 1- ...

Excerpt: ... on November 15, 2021. II. DEFENDANT SHANYING INTERNATIONAL HOLDINGS CORPORATION LIMITED'S MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT Defendant Shanying International Holdings Corporation Limited's Motion to Quash Service of Summons and First Amended Complaint is GRANTED. Defendant Shanying International Holdings Corporation Limited's (“Shanying”) evidentiary objection numbers 2, 6, 7, 9, 10, 11, 20 are SUSTAINED. All other evidentiary ...

Excerpt: ...P (“MASH”). With respect to the Google subpoena, the scope of this subpoena is vastly overbroad. The scope of the subpoena includes production of documents that are not reasonably calculated to lead to admissible evidence, including personal emails and Internet browsing history not concerning loan applications or assets. Regardless of whether plaintiff is intentionally or inadvertently withholding information concerning his loan applications ...