Excerpt: ...ers, mental health rehab specialist, PSCs, caseworkers, personal service coordinators, education and mental health specialists, direct service aids, mental health professionals – unlicensed (same as mental health therapist – licensed), and who were provided with cell‐phones or radio communication devices or cell phone stipends by Turning Point. To also grant certification to a subclass of all such persons who separated from employment at an...

Excerpt: ...from service by the clerk of the minute order. New allegations in the Second Amended Complaint are to be set in boldface type. Explanation: Where the complaint fails to plead ultimate facts, the complaint is subject to demurrer. (Code of Civil Procedure § 430.10(e); Berger v. California Ins. Guar. Ass'n (2005) 128 Cal.App.4th 989, 1006.) Essentially, “[a] complaint must allege the ultimate facts necessary to the statement of an actionable clai...

Excerpt: ...Plaintiff shall have ten (10) court days from the clerk's service of this order in which to file a second amended complaint. All new or amended allegations are to be set forth in boldface typeset. Explanation: Demurrer A general demurrer admits the truth of all material allegations and a court will “give the complaint a reasonable interpretation by reading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior C...

Excerpt: ...ories, Request for Production of Documents, and Requests for Admissions, and for Monetary Sanctions Tentative Ruling: To grant plaintiff's motions to compel defendants Auto USA and Tidalwave Finance Corporation to serve verified responses without objections to plaintiff's form and special interrogatories and request for production of documents. (Code Civ. Proc. §§ 2030.290; 2031.300.) Defendants shall serve verified responses without objections...

Excerpt: ...ction is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation of an uncontested motion for class certification does not relieve the Court of the duty of determining whether certification is appropriate.” The case so requiring is Amchem Prods., Inc. v. Windsor (1997) 521 U.S. 591, 620 (“Amchem”): “Confronted wi...

Excerpt: ...s based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to make an initial determination of the actual time expended; and then to ascertain whether under all the circumstances of the case the amount of actual time expended and the monetary charge being made f...

Excerpt: ...mplaint (FAC) alleged against Defendants Laton Unified School District, Laton High School, and Jason Krikava for failing to file the claims within the applicable statute of limitations. Plaintiff shall have ten (10) court days in which to file the Second Amended Complaint (SAC). Any new or altered allegations shall be set forth in boldface typeset. Explanation: A general demurrer admits the truth of all material allegations and a Court will “gi...

Excerpt: ...ral, set one, directed to Defendant Duchscherer; and request for production of documents, set one, directed to Defendant Duchscherer. (Code Civ. Proc. §§ 2030.290(b), 2031.300(b).) Defendants Tobias and Duchscherer are ordered to serve complete verified responses to the discovery set forth above, without objection, within 15 days of the clerk's service of the minute order. To impose monetary sanctions in favor of Plaintiff, against Defendants T...

Excerpt: ... some issue therein, be referred for decision to a third party (referee). Such reference may be made pursuant to the parties' agreement or, in certain cases, without the parties' consent. Under Code of Civil Procedure § 638, the court may order a reference either: • “(U)pon the agreement of the parties filed with the clerk, or judge, or entered in the minutes ... ”; or • “(U)pon the motion of a party to a written contract or le...

Excerpt: ...submitted within 5 days of notice of the ruling. Explanation: Standard of Care The appropriate standard of care required of a medical professional is not a matter of common lay knowledge. Therefore, except in cases of “egregious” medical negligence, expert medical testimony is required in medical malpractice actions to establish the standard of care required of a physician (or other health care provider) under the circumstances. See Flowers v...

Excerpt: ...erty released from levy. (Code Civ. Proc., § 485.240, subd. (a).) On a showing of “clear and convincing” reasons, courts have inherent power to vacate ex parte attachments without any notice (i.e., on defendant's application). (Western Steel & Ship Repair, Inc. v. RMI, Inc. (1986) 176 Cal.App.3d 1108, 1116‐1117.) At the hearing, the plaintiff bears the burden of proving that the attachment was proper. (Loeb & Loeb v. Beverly Glen Music...

Excerpt: ... petitions, without prejudice. However, the court does intend to set a status conference on March 28, 2019 at 3:30 p.m. in Department 502 and require petitioners' counsel to update the court on the status of the administrative records in each case, as well as whether the cases have been set for hearings on the merits. If petitioners fail to lodge an administrative record in each case and set the cases for hearings on the merits within a reasonabl...

Excerpt: ...cal Rules, rule 2.1.17.) Explanation: Motion to Set Aside Default The court may relieve a party from a judgment, order or other proceeding taken against him or her as a result of mistake, inadvertence, surprise or excusable neglect, where the application for relief is made within six months of entry of the judgment, etc. (Code Civ. Proc. §473(b).) Application for relief may be based on either (1) an attorney affidavit of fault, in which event re...

Excerpt: ...roposed judgment consistent with this order. To take the motion to consolidate off calendar in light of the dismissal of the Morones action. Explanation: Defendants Del Monte Fresh Produce N.A., Inc. and Del Monte Fresh Porduce (West Coast), INc. (collectively, “Del Monte”) move to dismiss Morones v. Del Monte Fresno Produce N.A., Inc. et al., Case No. 14CECG02849. The action was filed on January 31, 2014. "An action shall be brought to t...

Excerpt: ...deny all motions. Explanation: The motions before the court seek leave to file cross‐complaints and to amend defendants' answers. All of the proposed new and amended pleadings are premised on factual allegations postulating alleged concealment and misrepresentations by plaintiff before the moving defendants became members as to whether plaintiff was running a deficit, was mismanaged, etc. Insofar as the proposed amendments seek to assert a cros...

Excerpt: ...der a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (Code Civ. Proc. §128.5(a); see Levy v. Blum (2001) 92 Cal.App.4th 625, 635 [§128.5 which “permits the award of attorney fees, not simply as appropriate compensation to the prevailing pa...

Excerpt: ...n for class certification and preliminary approval of settlement is proof that the matter truly is litigated as a class action, more such complex motions requiring substantial time to resolve are expected. The matter is therefore deemed complex pursuant to Rule 3.400(b)(1); the complex fees must be paid on or before February 22, 2019. 2. Class Certification a. Standards An agreement of the parties is not sufficient to establish a class for settle...

Excerpt: ...that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement.” (Code Civ. Proc. §1281.2(a), (b); see Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 104...

Excerpt: ... October 1, 2018, the parties filed a stipulation deeming the prematurely filed Memorandum of Costs timely filed. See ¶ 6 of the Stipulation. On November 13, 2018, notice of entry of judgment was filed. On November 26, 2018, Defendant filed a motion seeking to tax costs; specifically, the amount of $29,446.44 listed at line 13 as “interest pursuant to CC § 33289.” No opposition was filed. Merits In the case at bench, an appeal has been file...

Excerpt: ...defendant breached the duty, and that the breach was a proximate or legal cause of injuries suffered by the plaintiff.” (United States Liab. Ins. Co. v. Haidinger–Hayes, Inc. (1970) 1 Cal.3d 586, 594.) Likewise, in order to establish premises liability on a negligence theory, a plaintiff must prove duty, breach, causation and damages. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1205. Defendants' motion is based solely on the theory that pr...

Excerpt: ...nsufficient to show a good faith attempt to confer with defendant regarding the motion. (Code Civ. Proc. § 439, subd. (a).) Plaintiff's counsel shall file a supplemental declaration regarding her meet and confer efforts by March 15, 2019. Explanation: “Before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subj...

Excerpt: ...t v. County of Los Angeles (1994) 27 Cal.App.4th 125, 145.)  To sustain defendant's demurrers based upon: (1) Gurpreet's lack of capacity; (2) Jasbir's claims of negligent infliction of emotional distress which are based upon: 31‐315.2; 31‐320.5; 31‐335.1 and 31‐405 (for both mandatory duty and vicarious liability); (3) social worker liability; (4) negligent hiring; (5) acts of independent contractors; and (6) plaintiffs' allegation of...

Excerpt: ...om 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 presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. (Civ. Proc. Code §437c, subd. (h).) A continuance (normally a matter within the court...

Excerpt: ...erned by CCP §§872.010 through 874.240. CCP § 872.210 states: (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. (b) Notwithstanding subdivision (a), an action between...

Excerpt: ... proofs of service for the opposition indicate that it was served, by regular mail, on January 11, 2019 as required. Motion to Vacate. When an application for enforcement of a sister‐state judgment is filed, a judgment debtor has thirty days from service in which to challenge the sister‐state judgment. (Code Civ.Proc. § 1710.40 subd.(b).) Challenges to the judgment on the grounds that there was no subject matter or personal jurisdiction in t...