Excerpt: ... for damages or an issue of duty. (CCP § 437c(f)). The third, seventh and eighth affirmative defenses‐ Plaintiff's only evidence/argument regarding these affirmative defenses is that they are “traverse/denial, not an affirmative defense.” (UMF 5, 20 and 21.) CCP § 437c(f)(1) provides: “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for d...

Excerpt: ...tions. (County of Kern v. Ginn (1983) 146 Cal.App.3d 1107, 1113‐1114.) In order for the burden to shift to back to the party seeking the costs, the mere filing of a motion to tax is not enough; the party challenging the costs needs to provide evidence that the costs were unnecessary or unreasonable. Items appearing to be proper charges in the memorandum of costs places the burden on the party challenging the costs to show they were not reasonab...

Excerpt: ...ding in different courts “which share common questions of fact or law when such coordination will promote the ends of justice taking into account the…factors specified in section 404.1” (Pesses v. Superior Court (Pacific Southwest Airlines) 107 Cal.App.3d 117, 123.) The instant case does not involve a petition for judicial coordination, and hence, section 404.1 is not a proper ground on which to seek an order staying all proceedings in this...

Excerpt: ...complaint is sufficient. (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the c...

Excerpt: ...Form Interrogatories 12.2 and 12.3 Special Interrogatories 27, 30 and 69 request the identification of certain documents. Matika responded to special interrogatories 27 and 30 with “Responding party is unaware of any documents at this time as the conversations were oral.” Similarly, Matika responded to this interrogatory 69 with “none.” These responses are substantive and respond to the interrogatories at issue. Matika responded to Form I...

Excerpt: ...ding deposition costs related to the deposition of defendant Christene Asbra, who was an officer, director, and shareholder of defendant CSJ. The court declines to tax the amount sought based on the percentage of inquiry at the deposition specifically related to CSJ; the court finds the deposition was reasonably necessary to the litigation, regardless of the percentage of questions regarding particular defendants, and that the charges are reasona...

Excerpt: ...SWIT CANYON, INC. Tentative Ruling: Overrule the demurrer. The interpretive questions the parties raise cannot be resolved on a pleadings motion. (Aragon‐ Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 239 [“Where a complaint is based on a written contract which it sets out in full, a general demurrer to the complaint admits not only the contents of the instrument but also any pleaded meaning to which the instrument is...

Excerpt: ...ion unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by re...

Excerpt: ...c. (W‐W) allegedly designed, manufactured, and supplied livestock equipment including the Bucking Chutes where the accident occurred, which the City purchased on 1/16/02. Plaintiffs allege that on 5/22/22, Dennis Eller was injured during a team roping event involving the Bucking Chutes. He alleges that he was swinging a rope in pursuit of a steer when the loop caught an unprotected/unguarded vertical pole in the Bucking Chutes. This caused the ...

Excerpt: ... not possess and cannot reasonably obtain needed evidence. (CCP §437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evidence, the defendant must...

Excerpt: ...y her brother. a. Notice of Sexual Harassment At Plaintiff's deposition, RUSD's counsel asked the following line of questioning: “Besides reporting the bullying at any time, did you ever report feeling sexually harassed by anyone when you were attending either Arlington or North [High School]?” (Bauermeister Decl. ¶ 3, Ex. A at 55:3–10.) Plaintiff's counsel objected under CCP § 2017.220, arguing that Defendants are not entitled to ask abo...

Excerpt: ... complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, but only to hold h...

Excerpt: ...nce and specific facts justifying discovery. (Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98.) The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” (Tbg Ins. Servs. Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 448.) Then, the burden shifts for the opposing party to justify its objections. (Kirkland, supra, 95 Cal.App.4th at 98.) Meet & Confer Page 3 of 6 Important...

Excerpt: ... rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants provide any evidence. From commencement to conclusion, the party moving for...

Excerpt: ...60, 67‐71) or sexual misconduct perpetrated against the District's students (SI 53.) District contends that the information sought by these interrogatories related to other students is protected by Education Code § 49076. It is true that access to a pupil's records is restricted by statute, except in certain circumstances, such as where written parental consent is given, or pursuant to court order. (Educ. Code § 49076.) Educ. Code § 49073 re...

Excerpt: ...owever, it is clear that Angela signed the agreement as Ruth's agent, not on her own behalf, as the court found in Daniels v. Sunrise Senior Living, Inc. (2013) 212 Cal.App.4th 674, 687, wherein the court found that Daniel's wrongful death claim was not arbitrable because she did not sign the residency agreement in her personal capacity and was therefore a third party to the agreement. Therefore, none of the Plaintiffs' individual wrongful death ...

Excerpt: ...e was recorded on 6/10/22 and the sale date was continued to 9/13/22, subsequent to her dismissal of the bankruptcy. (Complaint ¶ 13.) Plaintiff contends that she submitted a loan modification packet to Defendant EWL on 8/24/22 and that it failed to comply with several sections of the Homeowners Bill of Rights (HBOR.) Plaintiff filed her verified complaint on 10/3/22 alleging causes of action for: 1. Violation of Civil Code § 2923.5, 2. Violati...

Excerpt: ...ving party is entitled to a judgment as a matter of law.'” S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 387‐388. A plaintiff moving for summary judgment or adjudication has the burden to produce evidence on each element of a cause of action entitling her to judgment. Id. at 388. “If the plaintiff meets this burden, it is up to the defendant ‘to show that a triable issue of one or more material facts exists...

Excerpt: ...ide Hosing Development Corporation (“RHDC”). Plaintiff alleges that she tripped on a negligently maintained sidewalk and fell down stairs, sustaining serious bodily injuries. On May 2, 2021, Plaintiff filed her Complaint. She asserts three causes of action for: (1) Dangerous Condition on Public Property; (2) Negligence; and (3) Negligence. The City and RHDC (collectively “Defendants”) now move for summary judgment, or in the alternative, ...

Excerpt: ...to deem the entire complaint barred by laches and finds that the Complaint is barred by laches. (See, e.g., Straley v. Gamble (2013) 217 Cal.App.4th 533, 538.) Even if the action is not barred by laches, it is barred by the fact that plaintiff has failed to allege any liability. Plaintiff's two main premises underlying this lawsuit are just wrong as a matter of law. First, decedent was not obligated to remove plaintiff's name from the home loan, ...

Excerpt: ...same time (in which case, service was actually at the post office address, rather than a post office box). Unless Plaintiff was personally there, then this was actually mail service, which required 80 days, and notice is not proper. Second, there are three causes of action in Plaintiff's complaint. While Defendants' memorandum discusses all three, Defendants' separate statement does not address the 2nd and 3rd cause of action, nor do Defendants p...

Excerpt: ... be as complete and straightforward as the information reasonably available to the responding party. Each answer must admit as much of the matter as true, deny as much of the matter that is untrue, and specify to as much of the matter that the responding party lacks sufficient information to admit or deny. (Id.) All three responses indicate that they cannot admit or deny the request, but then go on to deny some facts (Defendant did not direct or ...

Excerpt: ...hose information. He also seeks sanctions in the amount of $1,050.00. In opposition, Defendant argues that the purported discovery issues have already been addressed by the Court during the Informal Discovery Conference (“IDC”) on September 16, 2022. He argues that, during the IDC, the Court overruled the objections and ordered him to provide his driving records and violations for the past 10 years. In reply, Plaintiff concedes that the parti...

Excerpt: ...hat a counteroffer does not terminate an option contract, which remains open until the end of the option period. Lansing argues that summary adjudication is proper because the Masterson Option was a separate or distinct agreement from the other duties and obligations under the Compensation Agreement. Masterson argues that its option vested because IDIL did not exercise its option to purchase on the terms set out in the IDIL Option. Masterson argu...

Excerpt: ...in evidence that he was acting inconsistent with his requested accommodation. Plaintiff alleges that the sub rosa investigation was initiated only because he requested an accommodation. He contends that he was improperly terminated under the pretext that he had taken non‐approved leave, was untruthful, conducted non‐employment related activities during work hours, falsified official reports, and was insubordinate. He contends he was actually ...