Excerpt: ...is minute order. Explanation: Demurrer “ ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Second Cause...

Excerpt: ...ng the present action, the court intends to abate it until the appeal in the first action has been finally resolved. (Karp v. Dunn (1964) 229 Cal.App.2d 192, 195.) Explanation: Respondents have demurred to the entire petition on the ground of failure to state facts sufficient to constitute a cause of action, contending that the present action is barred under the doctrine of res judicata, as well as being barred by statutory immunity for mental in...

Excerpt: ...Tentative Ruling: To overrule the demurrer to the Second and Fourth Causes of Action. To sustain the demurrer to the Third Cause of Action without leave to amend. Unless Plaintiffs ask for oral argument and offer a specific factual basis for their inability to specify who spoke the allegedly fraudulent statement, to sustain the demurrer to the Fifth Cause of Action without leave to amend. Defendants shall have ten (10) court days in which to file...

Excerpt: ...extent the request is directed at the existence of the documents and not the truth of the factual findings contained therein. (Evid. Code § 452(d); Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120 [“Judicial notice is properly taken of the existence of a factual finding in another proceeding, but not of the truth of that finding.”].) Special Motion to Strike The Anti‐SLAPP Statute. “A SLAPP suit—a strategic lawsu...

Excerpt: ...e; and Kaiser Permanente Hospital Fresno – films. To deny plaintiffs' motion to quash the subpoena directed at American Ambulance. To deny plaintiffs' request for a “first look.” To impose sanctions against defendants, in the amount of: $430. (Code Civ. Proc., §§ 2023.010, subds. (a) & (h), 2023.030, subd. (a).) Sanctions must be paid by defendants to the Law Office of Frank M. Nunes within 30 days after service of this order. Explanation...

Excerpt: ... cause of action. (Code Civ. Proc. §437c(c).) To grant Defendant/Cross‐Complainant JMA's motion for summary adjudication as follows: Cross‐Defendant Alamillo Rebar, Inc., has an immediate duty to defend JMA in the instant matter; Alamillo's duty to defend arose on the date of tender; and JMA is entitled to reimbursement of costs and fees paid from the date of tender to present; and to deny as to Alamillo's duty to indemnify JMA. (Code Civ. P...

Excerpt: ...de Civ. Proc. § 437c(f)(1).) To deny Mazda Motor Corporation' (“MC”) motion for summary adjudication of plaintiffs' claim for punitive damages. (Code Civ. Proc. § 437c(f)(1).) Explanation: In light of plaintiffs' statement of non‐opposition to MNAO's motion for summary adjudication, the motion will be granted for the reasons stated in the moving papers. MC moves for summary adjudication of plaintiffs' claim for punitive damages on two gro...

Excerpt: ...ive damages, plaintiffs can then discover their financial information. To that end, since trial is set for a date in the very near future, defendants are ordered to have this information efficiently organized and ready to produce at trial if necessary, so as to minimize any delay in the conduct of the trial. Explanation: Civil Code section 3295, subdivision (c) permits pretrial discovery of a defendants' financial information for purposes of obta...

Excerpt: ...ration of issues pertinent to the resolution of a claim under PAGA, Labor Code section 2699 et seq., the contract violates the public policy of the State of California. (ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175; Iskanian v. CLS Trans. Los Angeles, LLC (2014) 59 Cal.4th 348.) Defendants recognize this legal principle in seeking arbitration of causes of action other than those brought as a PAGA claim. A stay of PAGA claims until an arbitrati...

Excerpt: ...ruary 20, 2020, at 3:00 p.m. in Department 501. On or before this date, plaintiff FRI must file a Substitution of Attorney evidencing that it has hired counsel, and said attorney must also appear on its behalf at the status hearing. If there is no substitution of attorney or appearance at the hearing, the court will dismiss FRI's four causes of action raised in the FAC. Explanation: Motion for Reconsideration The motion for reconsideration must b...

Excerpt: ...lodge a proposed judgment by January 28, 2020. Explanation: Defendant moves to dismiss the action on the ground that plaintiffs failed to bring the matter to trial within five years of the date their complaint was filed and therefore dismissal is mandatory pursuant to Code of Civil Procedure sections 583.310 and 583.360. Code of Civil Procedure section 583.310 states, “An action shall be brought to trial within five years after the action is co...

Excerpt: ...dants' facility used an electronic call button in their rooms or apartments, and how long it took for defendants' staff to respond to such calls, for the period from January 1, 2016 to February 1, 2017. To deny defendants' motion for a protective order barring disclosure of the requested information outside the scope of the litigation. Explanation: Defendants move to quash the subpoena under Code of Civil Procedure section 1987.1, which states, I...

Excerpt: ...23.010.) Explanation: Because plaintiff identified in her interrogatory response Barbara J. Morlan, M.D., as a health care physician who performed a consultation or examination of plaintiff related to “symptoms of sleeplessness,” SCCCD subpoenaed all of plaintiff's medical records from Dry Creek Medical Group, the practice group identified with the address provided for Dr. Morlan. Plaintiff moves to quash the subpoena. Prior to filing this mo...

Excerpt: ...ing the court to “issue a TRO…and set the matter for hearing on Motion for Preliminary Injunction.” These are at odds with each other, and both are wrong, process‐wise. As for the Notice of Motion, a TRO and the preliminary injunction are never issued simultaneously; a TRO is simply the injunction issued prior to a hearing on an Order to Show Cause (OSC) re preliminary injunction. As for the Memorandum, it separates issuance of the TRO an...

Excerpt: ...dment to any pleading[.]” (Code Civ. Proc. §473(a)(1).) “[I]t is a rare case in which a court will be justified in refusing a party leave to amend [its] pleadings so that he may properly present [its] case.” (Morgan v. Superior Court of Cal. In and For Los AngelesCounty (1959) 172 Cal.App.2d 527, 530, citation and quotation marks omitted.) Accordingly, leave to amend should be “liberally granted as long as there is no timeliness problem ...

Excerpt: ...cted Plaintiff's initial proof of service on Defendant on July 16, 2018. A second proof of service was filed on October 5, 2018, after entry of the default on September 27, 2018. Defaults are disfavored, and any doubts existing as to setting aside a default should be resolved in favor of a hearing on the merits. (Berman v. Klassman (1971) 17 Cal.App.3d 900, 910.) Reversal is particularly appropriate where relieving the default will not seriously ...

Excerpt: ...ses are to be given under oath, without objections and without the limit to “information presently available to and specifically known to this responding party.” The responses are to include all information sought for persons who are not current employees, omitting only address and telephone information for those who are current employees. Interrogatories Nos. 118 and 119: to overrule the burdensome and relevancy objections, but to sustain th...

Excerpt: ... Civil Procedure § 437c(c).) If the defendant carries this initial burden of production, the burden of production shifts to plaintiff to show that a triable issue of material fact exists. (Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 852.) “‘Summary judgment is granted when there is no triable issue as to any material fact and the moving party is entitled to judgment as a matter of law.'” (Lopez v. Superior Court (1996) 45 Cal.App....

Excerpt: ...ice of this minute order. Explanation: 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, courts usually follow a three‐prong anal...

Excerpt: ... is granted 10 days' leave to file its First Amended Answer, which will run from service by the clerk of the minute order; new allegations/language must be set in boldface type. To overrule all other special and general demurrers. To deny the motion to strike in its entirety. Explanation: Demurrer General Demurrers Plaintiff raises general demurrers to 44 of the affirmative defenses based on Code of Civil Procedure section 430.20, subdivision (a)...

Excerpt: ...on motion of a party, after notice and hearing, make an order…that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case…. Similarly, Code Civ. Proc. § 1048(b) specifies the court's discretion in regard to bifurcating issues for separate trial: The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may...

Excerpt: ...r of 2012 that she asked Michael Automotive Center to replace the vehicle. The evidence does not support this fact. The support cited is Exhibit 7 to Ms. Bocchini's deposition, which is not authenticated. Ms. Bocchini admitted that she did call, but also testified that she did not seek such from Michael Automotive Center, and she testified affirmatively that she did not request replacement/repurchase from Volkswagen until 2017. (See Defendants' A...

Excerpt: ...including both its legal description and its street address; 2) all interests the plaintiff has or claims in the property; 3) all interests of record or actually known to the plaintiff, and all persons plaintiff “reasonably believes will be materially affected by the action, whether the names of such persons are known or unknown to the plaintiff” (i.e., this includes “persons unknown to be served by publication); 4) the estate as to which p...

Excerpt: ...and may name as respondents any other person bound by the arbitration award. (Code Civ. Proc., §1285.) A petition shall: (a) set forth the substance or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement; (b) set forth the names of the arbitrators; and (c) set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. (Code Civ. Proc., §1285.4.) I...

Excerpt: ...plaintiff to answer defense counsel's question regarding the documents she consulted before her deposition. To deny the motion to the extent that defendant seeks to compel plaintiff to provide further responses regarding the redacted responses to requests for production of documents. To grant defendant's request for sanctions against plaintiff, in the amount of $1,950. Plaintiff shall pay sanctions within 30 days. Explanation: First, plaintiff im...