Excerpt: ...based on Labor Code §2802. The motion for summary adjudication as to Issue 3 based on CCP §§1021.6 and tort of another is MOOT in light of the ruling on Issues 1 and 2. Stites moves for summary adjudication of three issues identified in the notice of motion. The Court declines to rule on Armendarez's Objection as they are immaterial to the Court ruling under CCP §437c(q). Stites' RJN is GRANTED. I. Issue 1: "Summary adjudication is proper as ...

Excerpt: ...s Motion to Quash based on Lack of Personal Jurisdiction and Forum Non Conveniens is DENIED. Plaintiff's Objection to Evidence filed by Defendant Bastiat USA—OVERRULE Defendant Bastiat USA, Inc.'s Objections to Plaintiff's Evidence— To deposition of Jane Doe—OVERRULE as to Objection Nos. 1 and 4 and SUSTAIN as to Objection Nos. 2, 3, 5, 6, 7, 8 and 9. To declaration of C. Skilbred—SUSTAIN as to all objections. To declaration of D. Allen�...

Excerpt: ...ANTED. Defendant Taheri's request for fees in the amount of $7,235 is GRANTED as to Plaintiffs. I. Applicable Law “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” CCP §405.30. On a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has...

Excerpt: ... for Summary Judgment is GRANTED. Plaintiff is to submit the proposed judgment. An essential element of an unlawful detainer claim based on nonpayment of rent is service of a 3- day notice to pay rent or quit. See CCP §1161(2). Plaintiff submits evidence that it served a 3-day notice to pay rent or quit by substituted service on Alex Mojado, manager of “Restaurant.” See Motion, Dec. of G. Mitchell, ¶8, Ex. C. Plaintiff also submits evidence...

Excerpt: ...nc. TENTATIVE RULING Plaintiff Heather Andrews' Motion for Attorney's Fees is GRANTED in the amount of _____________. Plaintiff's request for a multiplier is DENIED. Defendants' objections and motions to strike declarations of Kete Barnes and Ryan Abbott are OVERRULED and DENIED. Andrews undisputedly prevailed on her Labor Code claims. Defendants do not dispute this. As such, Andrews is entitled to recovery of a reasonable fee for the time spent ...

Excerpt: ...D. Defendant negates any liability based on the statutes cited in Plaintiff's 2 nd cause of action for negligence based on Government Code §§815.2, 815.4 and 820 due to immunity under Government Code §840. Plaintiff fails to raise triable issues of fact based on the operative complaint. To the extent Plaintiff seeks leave to add Government Code §840.2 to the 2 nd cause of action as grounds for liability, she must move to do by noticed motion ...

Excerpt: ...laintiff Brian Deming s Motion to Tax Costs is GRANTED as to Item 13 in the amount of S279.57, leaving a total of $2,009.43 in Other costs, and DENIED as to all other Items. Plaintiff Wendy Deming's Motion to Tax Costs is GRANTED as to Item 13 in the amount of $279.57, leaving a total of $2,009.43 in Other costs, and DENIED as to all other Items. I. Defendants are entitled to recovery of costs asa matter of right as "prevailing parties" under CCP...

Excerpt: ...n the alternative, Summary Adjudication is DENIED. Defendant fails to satis$ its initial burden as moving party. Plaintiffs Evidentiary Objections To Cato Declaration— OVERRULE as to Objection Nos. 1-4 To Bernardo Declaration— Objection 1: SUSTAIN as to "As such...collecüve bargaming agreement" and OVERRULE as to remammg. Objection 2-3, 6-9: SUSTAIN Objection 4-5: OVERRULE To Simidjian Declaration— Objection 1, 3, 4, : SUSTAIN Objection 2:...

Excerpt: ...vo's Motion for Leave to File First Amended Complaint is GRANTED. Corvo is ordered to file the proposed FAC under separate cover. "Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown." P&D Consultants Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. Prejudice exists, for example, where the plaintiff unduly delayed in s...

Excerpt: ...ENTATIVE RULING Plaintiffs' Motion for Leave to Amend Complaintis DENIED. I. Plaintiffs fail to satisfr CRC Rule 3.1324 Requirements A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate It from previous pleadings or amendments; (2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, para...

Excerpt: ...en requested to do so under this chapter and if the party- requestmg that admission thereafter proves the genuineness of that document or the truth of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees." CCP 52033.4200. I. Plaintiffs Motion DENIED as to Issue Nos. 1, 2...

Excerpt: ...t is OVERRULED. Ronald's demurs to the express indemnification cause of action alleged in Citys Cross-Complaint filed on 10-14-22. The express indemmfication cause of action is based on the following indemnification provision contained in the membership agreement signed by Ronald: "The undersigned hereby agrees to defend, indemni$, and hold harmless the City of Calabasas and Its omcers, employees and agents from and against any and all loss, liab...

Excerpt: ...ICE. Plaintiff fails to demonstrate good cause under Evidence Code 51043 as to each of the Ävelve categories of documents identified in the Notice of Motion. ANALYSIS A peace officers personnel file is only discoverable pursuant to Evidence Code "1043 and 1045. Evidence Code 51043 "requires the party seeking the discovery of peace or custodial officer personnel records or information from those records to file a motion with the court and give no...

Excerpt: ...f Gordon Klein TENTATIVE RULING Defendants The Regents of the University of California and Antonio Bernardo's Motion for Protective Order, or in the alternative, Motion to Quash Plaintiffs Deposition Subpoena to Charles E. Young is DENIED. Defendants move for a protective order under CCP 51987.1 or an order quashing the subpoena under CCP 52025.420. "Before, during, or after a deposition, any party any deponent, or any other affected natural pers...

Excerpt: ...violence under CC 552.4 and 8th cause of action for general negligence is SUSTAINED WITHOUT LEAVE TO AMEND and to the 1st cause of action for negligent hiring, etc„ 2nd cause of action for negligent failure to warn, 4th cause of action for sexual harassment, 7th cause of action for IIED, 9th cause of action for violation of Unruh Act and 10th cause of action for violation of Bane Act is OVERRULED. Defendant Men's Health is not named in the 5th ...

Excerpt: ...14 and 15. I. The Court exercises its discretion to hear it the arguably untimely motion. "The special motion may be filed within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the courtrequire a later hearing." CCP 5425.160...

Excerpt: ...ama, Inc. RESP. PARTY: (2) Plaintiff Velaro, Inc. (1) Plaintiff Velaro, Inc. (2) Defendant LG Electronics Alabama, Inc. TENTATIVE RULING Defendant LG Electronics Alabama, Inc.'s Motion to Dismiss Plamtiffs PAC is GRANTED The action is dismissed pursuantto Y9(a) of the 5-27-08 Agreement and CCP 5418.10. Plaintiffs Application for Writ of Attachment is off calendar in light of the dismissal. Defendant's RJN ISO of the Motion to Dismiss is GRANTED. ...

Excerpt: ...Defendant Jad Roofs, Inc's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. Jad's objections to Dec. of S. Dozer—OVERRULE Jad's objection to Dec. of E. Willmer—OVERRULE Jad moves for summary judgment or adjudication of two separate pleadings, Jad's cross-complaint against Svatek and Svatek's cross-complaint against Jad. Jad improperly combined the request for summary judgment of two separate pleadings in a si...

Excerpt: ...EAVE TO AMEND as to Stone and OVERRULED as to Nowog on the 2nd cause of action for negligence; SUSTAINED WITHOUT LEAVE TO AMEND on the 3 rd cause of action for Negligent Infliction of Emotional Distress (NIED) and OVERRULED on the 4 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants do not demur to the 1 st cause of action for premises liability alleged against Defendant Nowog only. II. Demurrer to 2 nd cause o...

Excerpt: ...t dated May 17, 2011 TENTATIVE RULING Cross-Defendant James Hanley's Motion for Summary Judgment, or in the alternative, Summary Adjudication is DENIED. A. Burden on summary judgment based on affirmative defense Where a defendant seeks summary judgment or adjudication, he must show that either “one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of...

Excerpt: ... WITH 10 DAYS LEAVE TO AMEND. The Cross-Complaint in included as part of the answer. Each cause of action in the Cross- Complaint incorporates by reference, “all preceding paragraphs of her Answer, Affirmative Defenses and Counterclaims.” Because this defect infects the entirety of the pleading and makes it impossible for the Court to determine what precise facts are incorporated into each cause of action, Plaintiff's demurrer to each separat...

Excerpt: ...nd Michael Vaughan Public Insurance Adjusters TENTATIVE RULING Defendant/Cross---Complainant Michael Hakim's Motion for Leave to Designate Experts for Defendants/Cross---Complainants is DENIED. I. Applicable Law “On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date.” CCP §2034.710(a). “A motion und...

Excerpt: ...SP. PARTY: No opposition was filed. Defendants filed a notice of non-opposition. TENTATIVE RULING Defendants Bye Bye House, Inc. and Center Street Lending VIII, SPE, LLC's (“Defendants”) Demurrer to the claims in the First Amended Complaint (FAC) for quiet title and cancelation of written instrument is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendants' Motion to Strike the Fraud cause of action is GRANTED, WITHOUT LEAVE TO AMEND. REASONING Pl...

Excerpt: ...e FAC is OVERRULED. Defendant to answer in 10 days. I. 1 st cause of action for breach of contract—OVERRULE Defendant ABM argues the contracts will disprove Plaintiff's allegations of breach, because they do not impose the obligations alleged by Plaintiff in ¶¶10 and 13 of the FAC. However, a demurrer does not test the Plaintiff's ability to prove the complaint allegations. See Scmier v. City of Berkeley (2022) 76 Cal.pp.5th 549, 553, fn 4 (u...

Excerpt: ...LING Plaintiff/Cross-Defendant Moda's Motion for Leave to File a Fourth Amended Complaint is DENIED. Plaintiff unduly and unreasonably delayed in moving for leave to cure pleading defects first raised by Defendants in February 2022. Based on Plaintiff's explanation for seeking leave at this late hour, Plaintiff could have cured these defects in February 2022 and obtained leave in connection with the Motion to Strike. Plaintiff failed to do so and...