Excerpt: ...lated complaints. Plaintiff alleges Defendant's misconduct occurred while Plaintiff was both a student and a student employee at CSU. 2. 11/07/23 Hearing on Motion to Strike Directed at FAC On 11/07/23, the Court heard and granted Defendant's motion to strike portions of the FAC. Notably, the Court's ruling was “without leave to amend.” The Court's ruling, specifically, was as follows: a. Conduct Settled by the SAR Plaintiff and Defendant wer...

Excerpt: ... second day of her deposition on 2/26/24. The deposition was not complete, but Plaintiff left the deposition, stating Defense Counsel was being abusive and she would only complete her deposition if the Court issued an order compelling her to do so. Defendant moves to compel Plaintiff to attend and complete her deposition. CCP §2025.450(a) permits the party who propounded a notice of deposition to move to compel the deposition to go forward if th...

Excerpt: ...a, signed an arbitration agreement, and the agreement governs this action and must be enforced. Plaintiff opposes the motion, contending (a) Defendant waived its right to move to compel arbitration, and (b) Defendant failed to provide admissible evidence of the existence of the agreement and the signature on the agreement. b. Authentication of Agreement Defendant purports to authenticate the agreement through the Declaration of Roxanne Reyna, who...

Excerpt: ... in the collision, which occurred on 4/02/21. Rodrigo suffered damages as a result of the acciden t, and is involved in companion litigation against the Gonzalezes to recover for those injuries. Plaintiff seeks a declaration that there is no coverage under the policy. It seeks the declaration on two grounds. First, it contends the Gonzalezes did not disclose the subject accident, which had already occurred, when it added the Navigator to the pol ...

Excerpt: ... Penal Code §496(c). 2. Motion to Compel (FROGs) a. History of Discovery Dispute as Detailed in Moving Papers Plaintiff propounded RFAs, set three and FROGs, set two on Defendant on 12/05/23. On 1/08/24, Defendant served responses to the RFAs, in which Defendant denied each of the RFAs propounded. Defendant also served responses to the FROGs, but the responses did not include a response to FROG 17.1, which asks for information supporting each de...

Excerpt: ...- complaint against Maggio. Maggio answered the complaint and cross -complaint on 10/31/22 and 11/14/22, respectively. On 2/28/23, the parties were scheduled to participate in an informal discovery conference before the Honorable Serena R. Murillo in the personal injury hub court. The IDC was not held because the Court referred the matter to Department 1 to determine whether it was complicated and should be transferred to an IC court for all furt...

Excerpt: ...§1952.3, 472, 473, and 464 collectively permitted the relief sought. Plaintiff filed the operative Third Amended Complaint on 12/21/23. 2. Demurrer to Third Amended Complaint a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfuln...

Excerpt: ...granted permission to file oversized briefs on 1/09/24. 2. Petition for Writ of Mandate a. Legal Standard Applicable to Petition CCP section 1094.5 is the administrative mandamus provision which structures the procedure for judicial review of adjudicatory decisions rendered by administrative agencies. Topanga Ass'n for a Scenic Community v. County of Los Angeles, (“Topanga”) (1974) 11 Cal.3d 506, 514- 15. CCP section 1094.5 does not, on its f...

Excerpt: ...tive responses on 4/05/24, the same day he filed his opposition to the motion. The motion is therefore substantively moot. The only remaining issue is whether the Court should impose sanctions. Defendant argues sanctions should not be imposed because (a) Plaintiffs filed a motion to compel responses, as opposed to a motion to compel further responses, and (b) Defendant acted with substantial justification. Defendant's first argument is that Plain...

Excerpt: ...s continued to fail to produce a PMQ for several issues, and has also failed to produce all required documents. The Court noted that the parties had additional depositions scheduled and continued the hearing date from 4/04/24 to 4/18/24 in the hopes that the parties could resolve all outstanding issues without the need for further law and motion practice. On 4/12/24, the parties filed timely briefs concerning outstanding issues. 2. Outstanding Is...

Excerpt: ...ng Agency initiative to provide affordable housing to middle income residents. The parties cooperated between June of 2000 and October of 2001 regarding the venture, communicating regularly, identifying properties to include in the program, working through municipal requirements, identifying bond financing, and setting up a $5 millio n line of credit. Defendants continued to make representations to Plaintiff concerning the ongoing efforts to secu...

Excerpt: ...cause its cross -complaint against Stacy John Sanchez, Stacys In Home Care, Inc., Another Successful Venture, Inc., and Lilliana Juliano remains pending. Trial on the cross -complaint is currently scheduled for 6/28/24. On 2/01/24, after hearing on the issue of the one judgment rule, the Court entered judgment in favor of Plaintiff and against VCC. The judgment, which reflects the jury verdict, is in the amounts of $19,817.00 (economic damages), ...

Excerpt: ..., without objections, by 3/12/24. On 3/12/24, Defense Counsel emailed back apologizing for the oversight and promising responses, without objection, as quickly as possible, but noting that compliance with the 3/12/24 deadline was not possible. The same day, Plaintiffs filed this motion. On 3/28/24, Defendant served verified responses, without objections. Plaintiffs, in their reply papers, contend the responses are deficient. Plaintiff did not, ho...

Excerpt: ...Ds a. Procedural History The Court was originally scheduled to hear this motion on 2/29/24. The issue presented was whether Defendant must produce certain “incident reports” relating to the subject fall. The Court issued a tentative ruling granting the motion to compel further responses to RPDs, and ultimately requiring Defendant to produce the reports. The Court's tentative ruling was based on the fact that case law places the burden to show...

Excerpt: ...n attorney declaration of necessity. Plaintiffs believe the interrogatories are excessive. The parties met and conferred, but were unable to resolve their issues. Plaintiffs move for a protective order at this time. 3. Law Governing Interrogatories in Excess of 35 CCP §2030.030 limits the number of interrogatories that can be propounded to 35. §2030.040 permits a party to propound more than 35 special interrogatories with a declaration of neces...

Excerpt: ... Han Gap -Su aka Sebastian Han, who was named for the first time as a cross -defendant. The essence of the cross - complaint is that Hanseo leased aircraft to Mi Air, which was owned and operated wholly by Han, and MI Air/Han failed to pay lease fees and failed to return the aircraft to Hanseo. Additionally, Hanseo alleges MI Air and Han are improperly using the aircrafts for their own benefit. The cross-complaint includes claims for breach of co...

Excerpt: ... fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judic...

Excerpt: ...h defendant was the agent and employee of each other defendant. 2. Demurrer Enterprise demurs to the complaint, contending (a) the complaint contains nothing more than conclusory allegations, (b) Defendant is not liable for the accident pursuant to the Graves Amendment, and (c) the complaint is uncertain and contains conflicting a llegations. a. Request for Judicial Notice Defendant requests that the Court take judicial notice of its Statement of...

Excerpt: ... and retention and (2) negligent supervision of a minor against all defendants. Plaintiff is alleging a cause of action for negligence against Does 3 through 60. Plaintiff's operative complaint is his Second Amended Complaint, which he filed on 9/20/23. 2. Motion for Summary Judgment a. Standard on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the mo...

Excerpt: ...ed the operative Second Amended Complaint (“SAC”). Plaintiff alleges that her daughter, Marlee Sage Butler (“Marlee”) was born on April 8, 2020, with holoprosencephaly. Marlee was admitted to Medical Center on July 8, 2020. On July 15, Marlee stopped breathing and became unresponsive and required intubation. On July 18, 2020, after two tests for brain death were performed, Marlee was pronounced dead. 2. Motion for New Trial (Against Defen...

Excerpt: ... a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the ple...

Excerpt: ...f contract, breach of the implied covenant of good faith and fair dealing, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Additionally, on 11/06/23, Willow filed a cross -complaint against SEJ for intentional misrepresentation, fraudulent inducement, recission, breach of contract, and breach of the implied covenant of good faith and fair dealing. 2. 22SMCV00217 On 2/16/22, SEJ Properties, L.P. filed 22SMCV0021...

Excerpt: ...Angel Gonzalez, Mission Fleet Services, LLC, and Robert Joshua Rodrigo for declaratory relief. American Family alleges the Gonzalez family removed the subject vehicle from their insurance policy prior to the collision, then attempted to add the vehicle back to the policy retroactively a few days after the collision, fraudulently declaring that the vehicle had sustained no damage during the period of time when it was not insured. American Family s...

Excerpt: ... PAMC. Plaintiff alleges LBCM, PAMC, and its principal, McCandless, breached various duties arising under the management agreement. 2. Cross -Complaint On 11/06/23, LBCM filed a cross -complaint against McCandless, PAMC, and Principle Association Management, Inc. Plaintiff's cross- complaint includes claims for express indemnification (against PAMC), equitable indemnification (against all cross -defendants), equitable indemnification (against all...

Excerpt: ..., courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the...