Excerpt: ...3. Secrum filed an answer to the complaint on 9/21/23. LBHC filed a demurrer and motion to strike on 9/21/23. Prior to the hearing on the demurrer, Plaintiffs filed their operative First Amended Complaint on 1/26/24. Secrom filed its answer on 2/28/24, and LBHC filed a demurrer and motion to strike on 3/28/24; the pleading challenge is scheduled for hearing on 10/22/24. 2. Motion to Compel Arbitration and Stay Action Pending Outcome of Arbitratio...

Excerpt: ...ed with taking the shipment to Kansas City. However, the rig carrying the batteries was invol ved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. 2. Motion to Compel Answers to Questions at Deposition of PMQ a. Discovery Reference On 9/15/23, the Court issued an order requiring ...

Excerpt: ...tion of Civil Code §52.1, and violation of Civil Code §51.7. 2. Motion for Leave to Amend a. Prior Hearing on Motion for Summary Adjudication On 3/19/24, the Court heard the City's motion for summary adjudication. The City sought summary adjudication of two issues. First, it asked the Court to adjudicate whether it was vicariously liable for a sexual assault committed by Assef when he was off duty. Second, it asked the Court to adjudicate wheth...

Excerpt: ...led an answer to the complaint, with the subject causes of action and allegations stricken, on 12/20/23. 2. Motion for Judgment on the Pleadings a. Grounds for Motion LBUSD moves for judgment on the pleadings on the ground that AB 218 is unconstitutional. b. Legal Standard CCP §438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided for in this section may only be made on one of th...

Excerpt: ...filed a motion to quash service of the summons and complaint, contending California courts lack personal jurisdiction over it, on 7/28/23, setting the hearing for 1/30/24. The motion seeks alternative relief dismissing the action pursuant to the doctrine of forum non conveniens. On 10/17/23, Defendant, Brand Energy Infrastructure Services of Puerto Rico filed a joinder to the motion. On 10/19/23, Defendant, AES Puerto Rico, Inc. and AES Puerto Ri...

Excerpt: ...rovided negligent drawings, plans, specifications, safety instructions, and designs for Plaint iff to use in constructing a building. As a result, the building Plaintiff was working on collapsed, causing him to sustain grave injuries. His wife sues for loss of consortium. 2. Motion to Compel Plaintiffs propounded RPDs, FROGs, and SROGs on Defendant, Kern Steel Fabrication, Inc. on 8/04/23. Defendant obtained extensions of time to respond, and ult...

Excerpt: ...8/01/24. On 2/16/24, at Defendant's request, the Court advanced the motion for hearing on 4/30/24. Defendant gave notice of the ruling on 2/20/24. To date, Plaintiff has not filed opposition to the motion. The Court will not consider untimely opposition to the m otion. b. Standard on Motion for Judgment on the Pleadings CCP §438 states, in relevant part: “(b)(1) A party may move for judgment on the pleadings. . . . (c)(1) The motion provided f...

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: ...§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: ...- 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: ... 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: ...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: ..., 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: ...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: ...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...