Excerpt: ...ative Ruling: To deny defendant Admiral Insurance Company's ("Admiral") motions for an order deeming requests to admit truth of facts against plaintiff Shaw Creek Homeowners Association admitted, and to compel plaintiff's responses to Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, since plaintiff responded to the discovery requests on August 18, 2023. To award monetary sanctions ...

Excerpt: ...ffected." (Williams v. Superior Court (2017) 3 Cal.5th 531, 549, citing Labor Code secton "The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency' at the same tme that it is submitted to the court." ) [A1 trial court should evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGAls purposes to r...

Excerpt: ...the First Amended Complaint, which will run from service by the clerk of the minute order. Explanation: Defendant SMART Sheet Metal Workers' Local Union No. 104 moved for summary judgment of plaintiff Earl Riley's complaint on the basis that there is no triable issue of material fact and defendant is entitled to judgment as a matter of law. The operative complaint was filed on March 16, 2022. Defendant filed its answer generally denying the alleg...

Excerpt: ... defendants whereby credit was given based upon the value of their used car lot inventory value secured by the title certificates of those vehicles until sold or for 120 days, which ever occurred first, at which time the loan was to be paid off. The loan agreement was secured by a promissory note, vehicle collateral, a personal guarantee, and a surety bond. Plaintiff alleges that defendants failed to perform. Plaintiff filed its original complain...

Excerpt: ...ity Fruit Company, Inc. or, in the alternative, for a Protective Order Tentative Ruling: To deny the motion for summary judgment. To deny the motions to quash the deposition on Union Bank and U.S. Bank. To deny the motion to quash the deposition subpoena on Trinity Fruit Company, Inc. To deny the alternative relief sought for a protective order limiting the subject matter of the production. To deny every request for sanctions. To direct the parti...

Excerpt: ...portation Authority's Request for Judicial Notice Tentative Ruling: To grant respective requests for judicial notice. To grant motion for summary judgment. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Each request for judicial notice was unopposed. The matters of which judicial notce was requested to be taken consis...

Excerpt: ...well as attorneys' fees under the franchise agreements. On 2/11/21 the court granted DDR's ex parte application for temporary restraining order and OSC re preliminary injunction. On 3/30/31 the court granted a preliminary injunction prohibitng plaintiff from displaying certain signage in his Deli Delicious restaurants, purchasing or serving bread from unapproved vendors, serving food in unapproved packaging, and required defendant to display requ...

Excerpt: ..., rule 3.1113(d). Rule 3.1113(e) requires a party to obtain permission to file a brief exceeding 15 pages. Here, plaintiffs' counsel did not obtain leave of court to file a monumentally oversized brief. "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, rule 3.1113(g).) Thus, the court has discretion to disregard excessively long briefs filed with...

Excerpt: ...h Cause of Acton: Plaintiff has agreed to dismiss the fraud claim from the First Amended Complaint. Therefore, the court intends to sustain the demurrer to the sixth cause of action for failure to state facts sufficient to constitute a cause of action, without leave to amend. Demurrer to Eighth Cause of Action: Defendant contends that plaintiff's cause of action for intentional infliction of emotional distress fails to allege sufficient facts to ...

Excerpt: ...l demurrer on claims that "[t]he pleading does not state facts suffcient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 ["'A demurrer can be utilized where the complaint itself is incomplete [Citations.l"].) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or conclusions of law." (Logan v. Southern Cal. Rapid Transit Dist. (...

Excerpt: ...: Demurrer The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) In a...

Excerpt: ...tricken. Plaintiff may file the requests to enter defendants' defaults on the required Judicial Council forms. Explanation: Once a motion to compel discovery is granted, continued failure to comply may support a request for more severe sanctions. Code of Civil Procedure secton 2023.010, subdivision (g), makes "[dlisobeying a court order to provide discovery" a "misuse of the discovery process," but sanctons are only authorized to the extent permi...

Excerpt: ...iate Athletic Ass'n (1994) 7 Cal.4th 1, 26.) To grant the motion to compel further responses to Form Interrogatories, Set One, as to Request Nos. 1.1, 3.3, 3.6, 4.1, 4.2, and 15.1, and to deny as to Request Nos. 50.1-50.5. (Code Civ. Proc., S 2031.310, 2030.300.) Defendant shall serve verified supplemental responses without objections as specified above within 30 days of the date of service of this order. Explanation: Plaintiff moves to compel de...

Excerpt: ...guez's moton to compel defendant Estate of Mine, LLC's responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, unless evidence is submitted of Defendant's responses having been on served December 6 and 8, 2023. To grant plaintiff's motion to deem requests for admissions admitted, unless evidence is submitted of Defendant's responses to the requests for admission having been s...

Excerpt: ...008) 167 Cal.App.4th 1174, 1182, internal citations omitted); see also Fiege v. Cooke (2004) 125 Cal.App.4th 1350, 1353-1355 [assent can be established where the parties were present but did not object to settlement terms].) Furthermore, "[w]hen parties intend that an agreement be binding, the fact that a more formal agreement must be prepared and executed does not alter the validity of the [oral] agreement." (Blix Street Records, Inc. v. Cassidy...

Excerpt: ...tories, Set One and Request for Production of Documents, Set One, and to Establish Admissions Propounded on Defendant Samat Sok Kim and Request for Monetary Sanctions Tentative Ruling: To grant all motions. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) Within 20 days of service of the order by the clerk, defendants Jung Jay H. Kim and Samat Sok Kim shall serve objection-free responses to Form Interrogatories, Set One, and Request for Produc...

Excerpt: ...n: Enforce Settlement "Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement... The court retains jurisdiction to enforce a settlement under the statute even after a dismissal, but only if the parties requested such a retention of jurisdiction before the dismissal. Such a request must be made either in a writing signed by the parties or ora...

Excerpt: ...elease in a related matter to the present action. Plaintiffs seek this relief pursuant to Code of Civil Procedure section 187, which grants a trial court the inherent authority to control litigation procedure. In seeking to invoke the trial court's inherent authority, Plaintiffs submit that a waiver provision in a related matter may be applicable to the present matter. The waiver provision purports to be a settlement agreement between Plaintiffs ...

Excerpt: ...of the minute order. New Allegations/language must be set in boldface type. Explanation: Cross-defendant Najeeb K. Ansari, M.D. demurs to each cause of action in crosscomplainant Clinica Sierra Vista's Cross- Complaint on the basis that each fails to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. The first and second causes of action are for equitable indemnity and comparative equitable indemnity, respectively,...

Excerpt: ...for sanctions against defendant. To grant defendant's request for monetary sanctions against plaintiff and his attorney, in the amount of $440. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: under Code of Civil Procedure sections 2030.300, subdivision (c), and 2031.310, subdivision (c), unless notice of the motion to compel further responses is given within 45 days of the service of th...

Excerpt: ...liction of emotional distress, among others, all of which took place at the residence and with knowledge of the other defendants. Defendants Ravinder, Harbans and Parmjit Taggar ("Parents"), and Sahara SRL, Inc. ("Sahara SRL") now move for summary judgment, or in the alternative for summary adjudication. The Complaint asserts the following causes of action: 1. Sexual Battery (Civ. Code, S 1708.5) against Ravinder; 2. Domestic Violence (Civ. Code,...

Excerpt: ...days of the date of the service of this minute order. (Govt. Code, S 946.6, subd. (f).) Explanation: Petitioners Eileen and John Quinto petition to the court for relief from government claim filing requirements pursuant to Government Code, secton 946.6 on the ground that there was excusable neglect for the untimely filing of their government claims. Unless otherwise provided for, no suit for money or damages may be brought against a government en...

Excerpt: ...ories (Set One), and Request for Produc
Ÿon of Documents (Set One). Cross-complainant Emory Merin is ordered to serve veriÞed responses, without objec
Ÿons, to cross-defendant within 30 days of service of the minute order by the clerk. To grant monetary sanc
Ÿons against cross-complainant in the total amount of $780. Monetary sanc
Ÿons are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. E...

Excerpt: ...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.) A PAGA representative action i...

Excerpt: ... method of discovery and disobeying court order to provide discovery. The clerk is directed to enter the defaults of Joshua Mitchell and JDM Landscape, Inc. To take the motion to compel and motion to strike off calendar as moot in light of the grant of terminating sanctions. Explanation: On 6/21/23, the court granted plaintiffs' motion to compel JDM Landscape, Inc., to serve verifications to Form Interrogatories, Set One, and Request for Producti...