Excerpt: ...., § 437c, subd. (q).) Explanation: The ultimate burden of persuasion on summary judgment/adjudication rests on the moving party. The initial burden of production is 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 constru...

Excerpt: ...iled pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the legislature provided any structure or standards for making the assessment. Published California case law has not done so either. Howev...

Excerpt: ...tories, Set 2, Interrogatory No. 45. Request for production No. 58 seeks “Any DOCUMENTS relating to the calculation and payment of Harry Overly's salary, including bonus and/or other incentive pay from 2018 through the present.” Interrogatory No. 45 asks, “Since 2018, has Harry Overly received any sort of compensation from YOU as an incentive based on profits of Sun Maid.” In opposition, Sun Maid argues that plaintiffs' requests should be...

Excerpt: ... pending demurrer. To sustain the demurrer to the second amended complaint, in its entirety. No leave to amend is granted. (See Goodman v. Kennedy (1976) 18 Cal.3d 335, 349‐350.) Defendant shall submit a judgment of dismissal within 5 days of the clerk's service of this minute order. Explanation: I. Motion to Strike On January 11, 2021, the court sustained Sun‐Maid's demurrer as to all nine counts of plaintiffs' First Amended Complaint. The c...

Excerpt: ...of the clerk's mailing of the minute order. To deny the motion to quash as moot. Explanation: The court has power to set aside a judgment that is void as a matter of law. (Code Civ. Proc., § 473, subd. (d).) A judgment may be void as a matter of law for many reasons, including lack of or improper service of summons and lack of personal jurisdiction. (See Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1120–1121; see also Ellard v. Conway (2001...

Excerpt: ...rvices rendered on appeal as well. (Wilson v. Wilson (1960) 54 Cal.2d 264, 272.) However, where the appellate decision contemplates further proceedings in the trial court, the successful party on appeal is not yet entitled to Civil Code section 1717 fees on appeal. (Presley of S. Cal. v. Whelan (1983) 146 Cal.App.3d 959, 961.) In Presley, in an action for a breach of contract, an appellate court reversed a trial court's granting of the defendant'...

Excerpt: ...ocuments, set one, nos. 10, 11, 13, 16, 24, 25, 27, and 34. The motion is denied as it relates to Nos. 1 and 20. Defendant Harmony Communities, LLC shall provide further responses to nos. 10, 11, 13, 16, 24, 25, 27, and 34 within twenty (20) days from the date of this order. Explanation: Discovery requests are generally afforded liberal construction. (see Code of Civ. Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) A mo...

Excerpt: ...tled “Acknowledgment and Agreement to be Bound by the Alternative Dispute Resolution Policy” (“arbitration agreement”) and the “Alternative Dispute Resolution Policy” (“ADR Policy”), including the Spanish language versions of these documents, which shorten the timeframe to bring a claim to one year from the termination of employment is severed from those documents. Explanation: The moving party bears the burden of showing the arbi...

Excerpt: ...2030.300.) To limit the timeframe for the interrogatories to a period of three years before the plaintiffs made their claims. To grant sanctions against defendant for its unjustified refusal to respond to the interrogatories, in the amount of $1,375 per motion. (Ibid.) Defendant shall provide further responses within ten days of the date of service of this order. Defendant shall pay sanctions within 30 days of the date of service of this order. E...

Excerpt: .... Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1800–1801; CRC 3.769(a), 3.770(a); In re Microsoft I–V Cases (2006) 135 Cal.App.4th 706, 723. This applies both to settlements reached before or after a class has been certified. Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected. Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 236. Before the c...

Excerpt: ... without objections, to defendant Michelle Iarusso's Special Interrogatories, Set One, and Request for Production of Documents, Set One, no later than 15 court days from the date of this order, with the time to run from the service of this minute order by the clerk. The matters specified in defendant Michelle Iarusso's Requests for Admission, Set One, are deemed admitted, unless plaintiff Danae Schmitzer serves, before the hearing, a proposed res...

Excerpt: ...spects. To overrule all objections. Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, court...

Excerpt: ...Ct. Fresno County, Local Rules, rule 2.8.4) In the event that oral argument is requested, both Petitioner and Christian Rea are excused from appearing. Explanation: Petitioner proposes to accept a compromise of disabled adult Christian Rea's claims arising from a two auto collisions for a gross settlement of $45,000, paying $5,000 of the proceeds to cover in excess of $3.2 million in medical expenses, $690 in costs and $15,000, or approximately 3...

Excerpt: ... necessary. To deny, without prejudice, the Petition for Plaintiff Nelson Osvaldo Valladares Lopez. In the event that oral argument is requested, the Court finds good cause to excuse personal attendance by Petitioner and minor. To set a Status Conference for November 16, 2021, 8:30 a.m. in Department 403 for Petitioner to report from any investigations conducted regarding the issues raised as to the best arrangement for Plaintiff Nelson Osvaldo V...

Excerpt: ...ate to Amy Castro's renewed deposition and are non‐privileged. The renewed deposition of Amy Castro shall take place within 30 days of the clerk's service of this minute order. To grant sanctions in the amount of $2,652.50. Defendant Target Constructors, Inc. shall pay the sum of $2,652.50 to counsel for plaintiff within 30 days of the clerk's service of this minute order. If oral argument is timely requested, the matter will be heard on Thursd...

Excerpt: ...seventh (unjust enrichment), and eighth (interference with business relations) and tenth (conspiracy) causes of action. Leave to amend is granted as to the third, fourth, fifth, seventh, and eighth causes of action, but plaintiff must be able to allege claims either founded in contract and seeking contractual remedies, or founded in tort and based on “(1) facts showing that the plaintiff's property right in the information at issue stems from s...

Excerpt: ... A.J. Rassamni shall provide further responses, without objections to Form Interrogatories – Employment, set one, numbers 207.2, 208.1, 208.2, 211.2, 211.3. (Code Civ. Proc. § 2030.300.) The motion is denied as to interrogatory number 209.1. Defendant A.J. Rassamni shall serve his responses no later than 20 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To impose monetary sancti...

Excerpt: ...alse factual assertion; (3) the factual assertion is false; and (4) the defendant failed to take reasonable care to determine the truth or falsity of the assertion. (Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 470; Judicial Council of Cal. Civ. Jury Instns. (Feb. 2021 rev.) CACI No. 1704.) However, where the plaintiff is a private figure suing over a statement addressing an issue of public concern, plainti...

Excerpt: ...f covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code sections 1942.4, 1942.5, (6) unfair business practices. Plaintiffs move for summary judgment, or alternatively summary adjudication of each cause of action. Where plaintiffs seek summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling them to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see Hunter v. Pacific...

Excerpt: ...de Civ. Proc., § 2031.310.) The motion can be utilized to attack a response containing: an objection; an agreement to comply that is incomplete; or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) The motion must be served within 45 days after service of a verified response (extended if served by mail, overnight delivery, fax or electronically). (See Code Civ. Proc., §§ 1010.6, subd. ...

Excerpt: ...) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant Defendant Aaron J. Carter, M.D.'s Motion for Summary Judgment. (Code Civ. Proc. § 437c(c).) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant D...

Excerpt: ...the entire action until an arbitration is had in accordance with the order to arbitrate. (Code Civ. Proc., § 1281.4.) Explanation: Moving Party Burden: The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. Oakland Nat'l Engraving Co. (1986) 185 Cal.Ap...

Excerpt: ... order that a record be filed under seal if it expressly finds facts that establish: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve...

Excerpt: ...4, 6, 7, 9, 10, and 11. All other objections are overruled as immaterial to the determination of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposi...

Excerpt: ...a)(1) which provides that, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve or file a motion … [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual...