Excerpt: ...nner connected with a judicial proceeding before it, in every matter pertaining thereto.' (Code Civ. Proc., § 128, subd. (a)(5); [citations].)” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil).) Motions to disqualify generally arise in one of two contexts: (1) in cases of successive representation, where an attorney seeks to represent a client with interests that are potential...

Excerpt: ...ovided that both plaintiff and the dealership “agree that any claim, dispute, and/or controversy that either party may have against one another…arising from, related to, or having any relationship or connection whatsoever with [Plaintiff] seeking employment with, employment by, or other association with the [Dealership], whether based on tort, contract, statutory, or equitable law, or otherwise…shall be submitted to and determined exclusive...

Excerpt: ...tion must be provided subject to the protective order on file. The further responses are to be served no later than November 7, 2019. To grant sanctions, but to reduce the amount to $885.00, payable by defendant and his counsel by November 7, 2019. Explanation: Interrogatories Nos. 6 and 8 seek the addresses of banks and other financial institutions where defendant Lisenko has had accounts in the past 13 years. Interrogatories Nos. 7 and 9 seek a...

Excerpt: ...) the motions were untimely as to the initial discovery responses, and (2) the court did not give permission to file the motions after the PTDC as required by Local Rule 2.1.17. In opposing the motions to compel, plaintiff requested $6,000 in monetary sanctions. The tentative ruling did not address the request for sanctions. Neither party requested oral argument, and so on August 8 the tentative ruling became the order of the court. Plaintiff the...

Excerpt: ...71) 5 Cal. 3d 584, 591. Defendant Logan is alleged to be the owner of the property, to have leased the property to the other defendants, and to have done so with the knowledge of their intention to use the property as a board and care facility. The amended pleading specifically alleges that Logan herself was negligent in hiring, supervising, and retaining employee caregivers. See paragraph 46. The new allegation that Logan herself was negligent i...

Excerpt: ... an undertaking in order to obtain the writ. (Code Civ. Proc. § 515.010, subd. (b).) Explanation: Under Code of Civil Procedure section 512.010, (a) Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought. (b) The application shall be executed under oath and shall include all of ...

Excerpt: ...nd Code of Civil Procedure section 575.2, which allow for sanctions for non‐compliance with the California Rules of Court and local rules. In this case, Plaintiff alleges that Defendant and her counsel are in violation of California Rules of Court, rule 3.894 and Fresno Superior Court Local Rule 2.4.1 and Civil Standing Order No. 07‐0628. Together, these rules require that all parties and attorneys of record must attend all mediation sessions...

Excerpt: ...roduced as the result of litigation. (Galbiso v. Orosi Public Utility Dist. (2008) 167 Cal.App.4th 1063, 1088; see also Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451, 464‐465 [public entity produced pivotal email, photographs and 146 email documents at a court ordered PMK deposition after “unequivocally claim[ing] it had produced every document”. . ..].) Additionally, a plaintiff who prevails in a CPRA action is entitled to an awar...

Excerpt: ...s order by the clerk. New allegations/language must be set in boldface type. Explanation: Plaintiff seeks leave to amend in order to substitute Kerwin Jackson (“Jackson”) and KJ Worldwide Investments, Inc. (“KJ Worldwide”) as Does 1 and 2, respectively, and to allege that, at all relevant times, they were agents or employees of defendants David Maclachlan and Nuestra Casa Real Estate (“Nuestra Casa”), and that either they or Maclachla...

Excerpt: ...le their substantive opposition and expert declaration by October 15, 2019. Defendant's reply shall be due five calendar days before the continued hearing date. Explanation: Under Code of Civil Procedure section 437c, subdivision (h), “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be...

Excerpt: ...endant may move to strike allegations from a pleading in two situations: (a) the allegation is “irrelevant, false, or improper” or “superfluous” or “abusive” and (b) where the “pleading was not drawn in conformity with the laws of the state or a court rule.” (Code Civ. Proc. § 436(a), (b).) Paragraphs 65.a), 65.i), 70, 75 and 78 These allegations are part of the fifth cause of action for bad faith against Infinity on behalf of Ca...

Excerpt: ...'s motion to decertify and to grant plaintiffs' motion to certify with directions. To set February 19, 2020, at 3:30 p.m., as a case management and trialsetting conference in Department 503. Explanation: DECERTIFICATION MOTION 1. Introduction The Court of Appeal decision in this matter specifically called on this Court to address the manageability issue as the case progressed: It does not appear a manageability analysis was explicitly conducted i...

Excerpt: ...ndant's demurrer, in its entirety. Explanation: In the case at bar, plaintiffs allege two causes of action: (1) violation of Government Code sections 820, subdivision (a) & 815.2, et. seq.; and (2) negligence. Only the first cause of action is directed at moving parties. Defendants demur to cause of action one, pursuant to Code of Civil Procedure section 430.10, subdivisions (e) & (f). Defendants argue that: (1) the facts are insufficient to alle...

Excerpt: ...r summary judgment, or alternatively summary adjudication, of both his complaint and the cross‐complaint filed by Derek Kazanjian. This is a repetitive motions, seeking summary judgment of the same pleadings and causes of action, and raising the same issues, as that denied on May 17, 2019. A party may not move for summary judgment “based on issues asserted in a prior motion for summary adjudication” that has been denied by the court unless ...

Excerpt: ...hnicon”) as to the entire complaint. (Code Civ. Proc. § 437c.) Technicon shall submit a proposed judgment consistent with this court's order within ten (10) days of the date of service of this order. Explanation: Technicon moves for summary judgment on the ground that all of the claims of plaintiff Hydroelectric Penetrations, L.P. (“HP”) against it are all barred by the settlement agreement and release executed between Technicon and Ernie ...

Excerpt: ...ation: Plaintiff has sued defendants Abolnik, Galamgam, and Nwaka for elder neglect based on their alleged failure to intervene to protect him from defendant Hodanu, who allegedly assaulted and battered plaintiff. He alleges that he is over the age of 65 and an inpatient at the Department of State Hospitals – Coalinga, and thus he is an elder or dependent adult. (Complaint, ¶ 1.) Hodanu allegedly attacked and battered plaintiff on November 12,...

Excerpt: ...by a judgment in an action brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties ‘is fundamentally a law enforcement action designed to protect the public and not to benefit private parties.” Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal. 4th 348, 381....

Excerpt: ... Co. (2001) 25 Cal.4th 826, 853. If a defendant makes this showing, the burden shifts to the plaintiff to demonstrate that one or more material facts exist as to the cause of action or as to a defense to a cause of action. (CCP § 437(c), subdivision(p)(2).) In a summary judgment motion, the pleadings determine the scope of relevant issues. (Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) A defendant need onl...

Excerpt: ...). Plaintiff sues to recover unpaid back commissions owed under the Independent Producer's Agreement (“IP Agreement”). Plaintiff also claims that HRBC president Enrique Romero made defamatory statements about plaintiff in connection with this dispute. The Complaint alleges the following causes of action: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Conversion 4. Unfair Competition and Violation of Busi...

Excerpt: ... that she is entitled to have the default set aside because she was not properly served with the complaint and summons or that the default was entered less than 30 days after she was served, she has failed to meet her burden of showing that the complaint and summons were not properly served, or that she was served after the date indicated on the proof of service. “‘[C]ompliance with the statutory procedures for service of process is essential...

Excerpt: ...leadings. Second, we determine whether the moving party has met its statutory burden of proof. Once the defendant has made such a showing, the burden shifts to the plaintiff to produce evidence that a triable issue of fact exists as to an essential element of the cause of action. The third and final step is to determine whether the opposing party has demonstrated that a triable issue of fact exists as to the cause of action. In determining whethe...

Excerpt: ...e 30‐day period permitted by law. (Code Civ. Proc. § 430.40, subd. (a).) However, “[a] motion for judgment on the pleadings is equivalent of a general demurrer but is made after the time for demurrer has expired. The rules governing demurrers apply.” (Evans v. California Trailer Court (1994) 28 Cal.App.4th 540, 548.) Code of Civil Procedure section 438, subdivision (c)(1)(B)(ii) permits a motion for judgment on the pleadings by a defendant...

Excerpt: ...to Frazer, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To sustain the demurrer as to the eighth cause action, for failure to state facts sufficient to constitute a cause of action as to both Frazer and Matthews' estate. (Ibid.) To overrule the demurrer as to the ninth cause of action. To deny the motion to strike and grant in part, as discussed below. (Code Civ. Proc. §§ 435, 43...

Excerpt: ... of action: (1) retaliation in violation of FEHA, Gov. Code § 12940(h); (2) violation of Labor Code § 6310; and (3) violation of Labor Code § 6311. Summary judgment was previously granted as to the first cause of action, and it should not have been included in the SAC. Defendants now move for judgment on the pleadings as to the remaining causes of action on the ground that plaintiff did not comply with the Government Tort Claims Act. "[A] ...

Excerpt: ...ainst defendants Young, Clarke, and Podratz. (Ibid.) Defendants shall submit a proposed judgment consistent with this order within 10 days of the date of service of the order. Explanation: First, the individual defendants move for summary adjudication of the discrimination, retaliation, and failure to prevent discrimination and retaliation claims against them on the ground that individuals cannot be held liable for discrimination or retaliation u...