Excerpt: ...at justify reconsideration of the order. (Code Civ. Proc. § 1008, subd. (a).) “A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time.” (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212, internal citations omitted.) “Case law after the 1992 amendments to section 1008 has relaxed the definition of ‘new or different facts,' but it is still ...

Excerpt: ...gainst a general demurrer a complaint will be liberally construed[…]; that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary implication.” (Hunter v. Freeman (1951) 105 Cal.App.2d 129, 133; see Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App....

Excerpt: ...e Ruling: To deny. (Code Civ. Proc., §§ 2030.300, subd. (c); 2031.310, subd. (c); 1010.) To grant defendants' request for sanctions and to award monetary sanctions in the total amount of $800 against plaintiffs' counsel, payable within 30 days of the date of the clerk's service of this order. (Code Civ. Proc., §§ 2030.300, subd. (d); 2031.300, subd. (c); 2023.010, subd. (h).) Explanation: Timeliness of Motions A notice of motion to compel fur...

Excerpt: ...duct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (Code Civ. Proc., § 128, subd. (a)(5).) Substantial Relationship of Representation: Cases disqualifying attorneys for receiving confidential information in the absence of an attorney‐client relationship, as is this case, are generally limited to situations where the information is relev...

Excerpt: ...xamination (“IME”). (Code Civ. Proc., §§ 2032.310, 2032.320.) To find defendants' motions to compel responses to defendants' requests for production of documents, sets two and three, moot in light of plaintiff's responses to those discovery requests, served on March 11, 2022. To impose monetary sanctions in the total amount of $720 in favor of defendants and against plaintiff, payable within 30 days of the date of this order, with the time ...

Excerpt: ...ion of punitive damages. (Cal. Rules of Court, rule 3.1350(b).) Explanation: Fourth Cause of Action: The elements of a fraudulent concealment cause of action are “ ‘(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the pl...

Excerpt: ...or April 21, 2022, at 3:30 p.m., in Department 503. The parties are directed to meet and confer on proposed trial dates, as previously ordered, in light of their prior stipulation to continue the trial date. (See September 15, 2021 Minute Order.) Explanation: Under Code of Civil Procedure section 473, subdivision (a), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding ...

Excerpt: ...ees in the amount of $1,283,333. To grant the named plaintiff (class representative) an incentive award in the amount of $15,000. To order the parties to return on March 21, 2023, at 3:30 p.m. in Department 501 to inform the court of the total amount actually paid to the class members, pursuant to Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Doc...

Excerpt: ... conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.' (Code Civ. Proc., § 187 (section 187).) Buried in this opaque language is the power of a t...

Excerpt: ...governmental immunity. In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 883.) On demurrer, the court must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory. (Barquis v. Merchants Collection Assn. (1972)...

Excerpt: ...uperior Court (2014) 227 Cal.App.4th 226, 242.) However, “[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code Civ. Proc., § 437c, sub. (f)(1); see also Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibited].) California Rules of Court, rule 3.1350(b) provides in relevant part [emp...

Excerpt: ... complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary implication.” (Hunter v. Freeman (1951) 105 Cal.App.2d 129, 133; see Perez v. Golden Empire Transit Dist. (2012) 209 Cal.App.4th 1228, 1238 [pursuant to rule of liberal construction, court draws inferences favorable to plaintiff, not defendant].) In testing a pleading against a demurrer,...

Excerpt: ...ED AT 3:00 PM. Explanation: Plaintiff has sued the State of California for negligence, negligent supervision, and negligence per se. However, since the State is a public entity, it is immune from liability unless there is a statute that imposes a duty of care on it. (Gov. Code § 815, subd. (a).) Thus, in order to state a claim against a public entity, plaintiff must allege that the there was a statute that imposed a duty on the entity to protect...

Excerpt: ...edaction, and instructing that the statement “unrelated medical condition” to justify a redaction is insufficient. Plaintiff timely files the present motion for reconsideration to vacate the February 2, 2022 order.1 Reconsideration Motions for reconsideration fall under the purview of Code of Civil Procedure section 1008, which states in pertinent part: When an application for an order has been made to a judge, or to a court, and … granted,...

Excerpt: ...ving party, a defendant bears the initial burden of proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and this must be shown via specific f...

Excerpt: ...ther witnesses to the alleged property sale agreement. Once plaintiff has obtained discovery responses, the court will hear the merits of the motion to expunge. Explanation: In its order issued after the last hearing, the court was concerned that plaintiff had not had a chance to respond to Ms. Barnett's reply evidence, which raised serious concerns about the credibility of plaintiff's version of events and cast doubt on whether plaintiff was lik...

Excerpt: ...endant at his residence. The worst and most disruptive of the parties took place during summer 2021, though large and disruptive parties continued through October 2021. The motion for preliminary injunction was filed early December 2021. Since then two more apparently large and disruptive parties have been thrown at defendant's residence – one by defendant's nephew while defendant was out of town, and another just last week in which police were...

Excerpt: ... the exclusive provisions of the Right to Repair Act, Civil Code section 896 et seq. They argue that the Right to Repair Act provides the sole and exclusive remedy for construction defect claims, so any cause of action that alleges construction defects is barred. Here, they point out that the plaintiffs' breach of contract claim simply repackages their construction defect claim as a breach of contract, and thus the second cause of action fails to...

Excerpt: ...require plaintiff to pay $240 for motion fees to the clerk (in addition to the $60 for the motion fees already paid) for the correct total motion fee of $300 (5 motions x $60 each). The additional filing fees must be paid on or before April 13, 2022. Defendant Lola M. Hart is ordered to serve verified responses, without objections, to plaintiff Terry L. Thelen's Form Interrogatories, Set One, Special Interrogatories, Set One, Requests for Product...

Excerpt: ...rrogatories must be “given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the propounding party and the responding party have agreed in writing…” (Code Civ. Proc., § 2030.300, subd. (c).) “Notices must be in writing, and the notice of a motion, other than for a new trial, must state when, and the grounds upon which it will be made, and the pa...

Excerpt: ...s Nos. 6, 28, 29, and 32, and Request for Production of Documents Nos. 12, 31, and 34. Defendant shall serve further verified responses without objections and produce all responsive documents within 30 days of service of the order by the clerk. Private patient information shall be redacted and be limited to the time period ten days prior to the decedent's admission. To deny the motions as they relate to Special Interrogatory No. 5 and Request for...

Excerpt: ...d or distributed by defendant FCA US, LLC (“FCA”). As a part of that transaction, plaintiff signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. Problems with the vehicle ensued, and this “lemon law” action was filed on 2/23/21, against both Clovis Chrysler and FCA. The Complaint alleges the following causes of action: (1) Violation of Subdivision (d) of Civil Code section 1793.2; (2) Violation of...

Excerpt: ...ney's fees. (Civil Code § 1717.) To deny defendant John Wash's motion to strike the entirety of plaintiff's motion. However, the court intends to reduce the amount of fees to be awarded to plaintiff to $6,950. Defendant John Wash shall pay attorney's fees to plaintiff within 30 days of the date of service of this order. Explanation: Under Civil Code section 1717, subdivision (a), “In any action on a contract, where the contract specifically pr...

Excerpt: ...action. (Code Civ. Proc., § 437c.) Defendants' evidentiary objection was not ruled upon as it was not material to the determination of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment Summary judgment law turns on issue finding rather than issue determination. (Diep v California Fair Plan Ass'n (1993) 15 Cal.App.4th 1205, 1207.) The court does not decide the merits of the issues, but merely discovers, th...

Excerpt: ...ue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc., § 877.6, subd. (a)(1).) A determination that the settlement was made in good faith bars any other joint tortfeasor or co‐obligor from further claims against the settling tortfeasor or co‐obligor for equitabl...

Excerpt: ...��). (Lab. Code, § 2698 et seq.) Particularly, “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549; see also Lab. Code, § 2699, subd. (l)(2). This court assesses settlement proposals under PAGA using the standards set for class actions as discussed in Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4t...

Excerpt: ...n plaintiff Melissa Proudian's Request for Admissions, Set One, are deemed admitted by defendants Sandra Perez and Anna Alvarez, unless defendants serve, before the hearing, a proposed response to the request for admissions that is in substantial compliance with Code of Civil Procedure Section 2033.220. (Code Civ. Proc., § 2033.280, subd. (c).) To impose monetary sanctions in favor of plaintiff Melissa Proudian, and against defendant Sandra Pere...

Excerpt: ...for injuries occasioned by the unsafe condition of the land or its approaches, if such condition was known to him and not to them. . . . The owner is not an insurer of such persons, even when he has invited them to enter. Nor is there any presumption of negligence on the part of an owner or occupier merely upon a showing that an injury has been sustained by one while rightfully upon the premises. The true ground of liability is the proprietor's s...

Excerpt: ...iff, individually and as successor‐in‐interest to decedent Jessica Cortez, brought a single cause of action against defendants Kevin Ciresi, M.D. and Athenix Body Sculpting Institute for wrongful death based on medical malpractice. The complaint alleges that on September 24, 2019, defendants care and treatment of decedent breached the standard of care, causing decedent's death. On January 18, 2022, plaintiff amended his complaint, only to add...

Excerpt: ...is motion. (Code Civ. Proc., § 405.38.) Plaintiffs shall pay this amount to the Donna Standard, Esq. within 30 days from the date of this order. To grant defendants' motion to declare plaintiff, Johnny Gonzales, a vexatious litigant and to order plaintiff Johnny Gonzales to post security of $25,000, within 30 days of the date of service of this order, in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) The 30 ‐ day...

Excerpt: ...er within ten days of the date of service of this order. The amended answer must be verified, it must contain the contact information of the filing party or attorney as required under Rule of Court 2.111, and defendant Awesome Charters and Tours must appear through an attorney licensed in the State of California. To grant plaintiff's application for a writ of possession for the collateral, namely the 2013 MCI J4500 Motorcoach, VIN 2MG3JMBA0DW0664...

Excerpt: ...ions may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” (Ibid.) “[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is b...

Excerpt: ...declaration to inform the court whether this discovery was timely served, with said declaration to be filed on or before Tuesday, April 19, 2022. Provided the responses are timely served, the court intends to deny the request for terminating sanctions, but will order monetary sanctions, for this motion only. Explanation: Provided plaintiff serves verified responses to the at‐issue discovery (as this court has already ordered him to do), termina...

Excerpt: ...s a series of negligent actions by numerous healthcare providers, commencing with plaintiff Linda Anderson having knee replacement surgery. From there, plaintiff suffered through various complications, many of which she alleges were either caused or worsened by the treatment she received from the various defendants. Plaintiff's husband, Lloyd Anderson, also sues for loss of consortium against each defendant. The court must always examine the plea...

Excerpt: ...2 and 33 of the complaint, without leave to amend. (Code Civ. Proc., § 436, subd. (a).) To sustain Clovis Unified School District's (“CUSD”) demurrer to the fourth cause of action, with plaintiff granted 10 days' leave to amend the fourth cause of action only. (Code Civ. Proc., § 430.10, subd. (e).) The time in which the complaint may be amended will run from service of the order by the clerk. Explanation: Aprile's Demurrer Aprile demurs to...

Excerpt: ...een the parties on the same causes of action. (Code Civ. Proc. § 430.10, subd. (c).) To stay the first, second and fifth causes of action pending resolution of Loveman v. Leavitt, case no. 18STCV05817, pending the Los Angeles County Superior Court. To sustain the demurrer of Leavitt to the third cause of action on the ground that it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc. §430.10, subd. (e).) To deny le...

Excerpt: ...can be filed will run from service by the clerk of the minute order. New allegations in a Second Amended Complaint must be set in boldface type. Explanation: Meet and Confer Defendant's attorney filed a declaration stating that he sent a detailed ten page meet and confer letter and left a voicemail with plaintiff's counsel, but the call was not returned. Considering that this matter seeks division of only partially identified property, it appears...

Excerpt: ...osian Raisin Packing Company, Inc. The causes of action are brought pursuant to the Private Attorneys General Act (PAGA) Labor Code section 2698, et seq. Plaintiff brings the action on behalf of herself and other aggrieved employees of defendant who were employed by defendant between March 17, 2020 and May 21, 2021 as packers, line workers or other similar positions. The complaint alleges six causes of action, all are Violations of PAGA, Labor Co...

Excerpt: ...ts and fees of transferring the action within 30 days after service of notice of the transfer order. Explanation: A change of venue must be based on declarations containing admissible evidence. But the court may also consider facts alleged in a verified complaint to the extent that it is not controverted by affidavits of the moving party. (Mission Imports, Inc. v. Superior Court (1982) 31 Cal.3d 921, 929, fn. 7.) Actions concerning “injuries to...

Excerpt: ...cle ensued which form the basis of the instant complaint for damages. Plaintiffs originally brought six causes of action against defendant FCA US LLC (FCAUS), and Clovis Chrysler Dodge Jeep Ram. On February 16, 2022, defendant Clovis Chrysler Dodge Jeep Ram was dismissed, effectively dismissing the fifth cause of action which was brought solely against Clovis Chrysler. The remaining five causes of action comprise alleged breaches of Civil Code se...

Excerpt: ...anation: Manzo moves to strike the punitive damages allegations and prayer from Ahmed's First Amended Complaint filed on June 14, 2021. Initially the court notes that counsel did not meet and confer in person or by telephone as explicitly required by Code of Civil Procedure, section 435.5, subdivision (a). An exchange of letters does not comply with this requirement. Counsel do not get to pick and choose which clear statutory requirements they fo...

Excerpt: ...ion, plaintiffs signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. Problems with the vehicle ensued, and this “lemon law” action was filed on August 4, 2020, against MBUSA only. Plaintiffs did not sue the dealer. The complaint alleges the following causes of action: (1) Violation of the Song‐Beverly Act – Breach of Express Warranty; (2) Violation of the Song‐Beverly Act – Breach of Implied W...

Excerpt: ...uction “The superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the legislature provided any structure or standards...

Excerpt: ... to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Defendants shall serve and file their answers to the complaint within 10 days of the date of service of this order. Explanation: Second Cause of Action: Defendants demur to the second cause of action for violation of the Rosenthal Fair Debt Collection Practices Act (the “Rosenthal Act”) on the ground that plaintiff has not and cannot state a valid claim because she adm...

Excerpt: ...n five days of service of the minute order, a proposed judgment consistent with the summary judgment order. To find defendant's motions to compel plaintiff to provide further responses to form interrogatories, special interrogatories, and requests for production of documents moot in light of the court's ruling on defendant's summary judgment motion. Explanation: This is a slip and fall personal injury action. Plaintiff alleges that, on June 7, 20...

Excerpt: ...braced in or affected by the appeal filed by defendant on June 17, 2019, and that the perfecting of the appeal stayed the motion. Thus, the court found, by operation of law, that it lacked jurisdiction to hear the motion, vacated the hearing, and directed the moving party to reschedule the hearing on the motion once the appeal was no longer pending. (See August 28, 2019 Minute Order). The judgment was affirmed on December 7, 2021, the remittitur ...

Excerpt: ...tain defendant FPI's demurrer to the first, second, and third causes of action for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) To deny leave to amend. To grant defendants' motion to strike the prayer for punitive damages from the FAC, without leave to amend. To grant defendant FPI's motion to strike the prayer for attorney's fees against it. To grant leave to amend to clarify that the...

Excerpt: ...leave to file a Third Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. Explanation: Demurrer It is “the established rule that as against a general demurrer a complaint will be liberally construed[…]; that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are ...

Excerpt: ... shall serve and file their amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiffs bring the instant action against defendant on nine causes of action based on wrongful termination and various Labor Code violations. Defendant demurs on the basis that the complaint fails to allege facts sufficient to state causes of action. Defendant challenges plaintiffs' thir...

Excerpt: ...representative) an incentive award in the amount of $5,000.00. To order that on or before March 30, 2021, the plaintiff shall lodge a revised “Order Granting Final Approval of Class Settlement” and a revised “Final Judgment,” each corrected as discussed in the explanation below. No amount under this final approval and judgment, including payment of the attorney fees and costs, administrator costs, or the plaintiff's incentive award, may b...

Excerpt: ...on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Cal. Rules of Court, Rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment, (2) state what allegations in the previous pleading are proposed ...

Excerpt: ...plainant Joel Swanbom for a total of two (2) additional hours. Explanation: Plaintiff seeks relief from the statutory limitation on deposition examination, absent a court order, of seven hours of total testimony. Code of Civil Procedure section 2025.290 provides that, barring certain exceptions not present here, “a deposition examination of the witness by all counsel, other than the witness' counsel of record, shall be limited to seven hours of...

Excerpt: ...To grant and to award monetary sanctions in the total amount of $1,106.60 against plaintiffs Helen Lee and George Xury, jointly and severally1 , payable within 30 days of the date of this order, with the time to run from the service of this minute order by the clerk. The matters specified in defendant Lowe's Home Center, LLC's Requests for Admission, Set One, are deemed admitted, unless plaintiffs serve, before the hearing, proposed responses to ...

Excerpt: ...Proc., § 685.040.) Explanation: Under Health and Safety Code section 17980.7, subdivision (c)(11), “[t]he prevailing party in an action [to abate a nuisance] pursuant to this section shall be entitled to reasonable attorney's fees and court costs as may be fixed by the court.” (Health & Saf. Code, § 17980.7, subd. (c)(11).) Also, under Code of Civil Procedure section 685.040, “[t]he judgment creditor is entitled to the reasonable and nece...

Excerpt: ...f's claim to own title to the property could be decided, and she could be ejected from her own property. Given the summary nature of unlawful detainer proceedings, it is a rule of long standing that questions of title cannot be raised and litigated by cross‐complaint or affirmative defense in an unlawful detainer case. (Cheney v. Trauzettel (1937) 9 Cal.2d 158, 159; Martin‐Bragg v. Moore (“Martin‐Bragg”) (2013) 219 Cal.App.4th 367, 385 ...

Excerpt: .... To deny the motion compelling further responses to Request for Production of Documents, Nos. 1‐43 and 45‐57. To grant, in part, the motion compelling further responses to Request for Production of Documents No. 44. Within ten (10) days of service of the order by the clerk, defendant shall serve further verified responses to Request for Production No. 44 and produce all documents responsive to the Requests for Production on documents that pl...

Excerpt: ...inute order, an ex parte request dismissing the action as to the moving defendants. Explanation: Plaintiffs allege the following causes of action against the moving parties: fifth cause of action against defendant Nutting Enterprises, Inc. dba CPR Carpet and Restoration (“CPR”) for negligence, and seventh cause of action against CPR's surety, defendant Suretec Indemnity Company (“Suretec”), against its license bond. The fifth cause of act...

Excerpt: ...oldface type. Explanation: Two causes of action are alleged in the First Amended Complaint: (1) general negligence; and (2) damages arising from the operation of a motor vehicle. Defendant now demurs to each cause of action, based upon Code of Civil Procedure sections 430.10, subdivisions (e) and (f). Government Code section 815.2 provides that a public entity is liable for the injury proximately caused by an act or omission of its employee withi...

Excerpt: ...y in evaluating the case, preparing for trial, or facilitating settlement ....' Admissibility is not the test and information unless privileged, is discoverable if it might reasonably lead to admissible evidence. These rules are applied liberally in favor of discovery, and (contrary to popular belief), fishing expeditions are permissible in some cases.” (Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546, internal citations omitted, em...

Excerpt: ...itions of four of plaintiff's designated expert witnesses following their nonappearances on May 26, 2021. Defendant had unilaterally noticed the depositions after unsuccessfully attempting to obtain dates from plaintiff's counsel. Defense counsel failed to communicate or confer with plaintiff's counsel about the scheduling of the depositions after the nonappearances, and instead proceeded to file a motion to compel some eight months later. Code o...

Excerpt: ...de Civ. Proc., § 430.10, subds. (e) and (f).) To grant the motion to strike and deny, as moot, plaintiff's motion to permit discovery of defendants profits and financial information. (Code Civ. Proc., §§ 435 and 431.10, subd. (b); Civ. Code, § 3295, subd. (c).) To grant leave to amend. Should plaintiff desire to amend, the Second Amended Complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in ...

Excerpt: ...must contain “a statement of the facts constituting the cause of action, in ordinary and concise language;” i.e., to plead “ultimate facts.” (Code Civ. Proc. § 425.10, subd. (a)(1); Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 550.) The modern approach is to find allegations sufficient if on the whole they apprise defendant of the factual basis of the claim, and to find that the particularity required “‘depends on the extent to ...

Excerpt: ...rant defendants' motion to strike punitive damages, with leave to amend. To deny defendants' motion to strike general damages. Plaintiffs are granted 20 days' leave to file an amended complaint. The time in which an amended pleading may be filed will run from service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: The second amended complaint alleges four causes of action...

Excerpt: ... sufficient to constitute a cause of action, as discussed in detail below. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike the portion of paragraph 17 of the first amended complaint which states, “I am familiar with the owner of Pacific Grain & Foods, LLC, Lee Perkins, the petitioner in this case, as I have witnessed him engage in an unprofessional and aggressive manner toward his employees that was shocking and unforgetta...

Excerpt: ...ll defendants' demurrers to the first cause of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To sustain all defendants' demurrers to the second cause of action, without leave to amend. Plaintiff is granted 20 days' leave to file a second amended complaint. The time to file the second amended complaint will run from service by the clerk of the minute orde...

Excerpt: ...cy; KNPZ Insurance Services; Morrison Insurance Associates; Sarkhosh Insurance Agency; and Seabury Copeland & Anderson Insurance Company. To grant and quash the subpoenas issued on July 23, 2021 to Cuttone & Maestro CPA and Nunes & Nunes CPA. Explanation: Plaintiff brings suit against defendants, alleging that defendants became its employees on January 1, 2014, with an agreement to not receive income from outside sources; that plaintiff later dis...

Excerpt: ...ured or distributed by defendant FCA US, LLC (“FCA”). As a part of that transaction, plaintiffs signed a Retail Installment Sales Contract (“RISC”) which contained an arbitration clause. Problems with the vehicle ensued, and this “lemon law” action was filed on 10/23/20, against both Fresno Chrysler and FCA. The operative pleading is the First Amended Complaint, alleging the following causes of action against FCA only: (1) Violation o...

Excerpt: ...ontacts with California to justify imposing personal jurisdiction over it. The hearing on Standard's motion will be continued to April 12, 2022 at 3:30 p.m. in Department 403. Explanation: “First, when jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that ‘minimum contacts' exist between defendant and the forum state to justify imposition of personal jurisdiction. The plaintiff ha...

Excerpt: ...ice of the transfer order. Explanation: “It is a long established rule that a motion for change of venue must satisfy two requirements: (1) [i]t must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory.” (Easton v. Superior Court (1970) 12 Cal.App.3d 243, 245‐246 [internal citations omitted, brackets added.]...

Excerpt: ... purchased wine grapes that were allegedly unusable because of “smoke taint” following the 2017 wildfires in Northern California. Plaintiff contends the smoke taint destroyed the marketability of much of plaintiff's wine and juice, resulting in $14.79 million in actual losses and anticipated future losses of $86.16 million. Four causes of action remain: (6) Negligence against defendant Dalena‐Benick; (7) Breach of Fiduciary Duty against def...

Excerpt: ...dgment against defendant Dr. Janda. Dr. Janda filed an answer, but it was later stricken and his default was entered when he refused to answer discovery or participate in the litigation. Also, plaintiff has adequately proved up her damages, including her request for $120,000 in general damages and $9,600 in lost wages. While plaintiff has not submitted any evidence other than her own declaration regarding her general damages, it does appear that ...

Excerpt: .... To grant defendants' motion for summary adjudication of the third cause of action for defamation. (Ibid.) To grant plaintiff's motion for leave to amend the complaint. (Code Civ. Proc. § 473, subd. (a).) Plaintiff shall serve and file her first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Motion for Summary Judgment/Adjudication: First, defendants move for summary...

Excerpt: ...an Ambulance, et al.'s motion to strike plaintiffs' memo of costs. To grant the motion to tax certain items in the memo of costs, as set forth below. Explanation: 1. Plaintiffs' Motion to Strike or Tax CRNA Bassi's Memo of Costs: Under Code of Civil Procedure section 1032, subdivision (b), “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Cod...

Excerpt: ... party must draft and submit to the court a protective order limiting the disclosure of plaintiff's documents to defendants' counsel and experts, and requiring the destruction of the documents at the end of these proceedings. Plaintiff shall serve further responses in full compliance with Code of Civil Procedure, sections 2031.210 – 2031.230, without objections, and production of all responsive documents no later than 30 court days from the dat...

Excerpt: ...dgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the burden of showing the court that the plaintiff 'has not established, and cannot reasonably expect to establish, a prima facie case ... .' [Citation.]" (Miller v. Department of Corrections (2005) 36 Cal.4th 446, 4...

Excerpt: ...c., §§ 598, 1048, subd. (b); Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 503‐504; see also Cook v. Superior Court (1971) 19 Cal.App.3d 832, 834.) The court also has the power to “provide for the orderly conduct of proceedings before it,” and to “amend and control its process and orders so as to make them conform to law and justice.” (Civ. Proc. Code § 128, subd. (a)(3), (8).) Here, defendant claims that it has reaso...

Excerpt: ..., §3540), the Education Employees Relations Act (“EERA”) permits public school employees to participate and form in representative organizations and prevents the employers from denying such rights. (Gov. Code., §§ 3543; 3543.5; Public Employment Relations Bd. v. Modesto City Schools Dist. (1982) 136 Cal.App.3d 881, 894 (Modesto).) The EERA authorizes “appropriate temporary relief or restraining order[s]” (Gov. Code, § 3541.3, subd. (j...

Excerpt: ...ules of Court; and (2) no evidence was submitted in support of the motion. (1) California Rules of Court Pursuant to California Rules of Court, rule 3.1112, the papers filed in support of a motion must consist of at least the following: (1) a notice of hearing on the motion; (2) the motion itself; and (3) a memorandum in support of the motion. The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments...

Excerpt: ...ndants are solely responsible for arbitration fees. Explanation: Plaintiffs filed a complaint for damages for the wrongful death of decedent Donald Stegmeir, for elder abuse pursuant to the Elder Adult and Dependent Adult Civil Protection Act, and for negligent hiring and supervision. In response, defendants filed a petition to compel arbitration, citing an arbitration agreement (“Agreement”) among the parties. In opposition, plaintiffs do no...

Excerpt: ...ants are solely responsible for arbitration fees. Explanation: Plaintiffs filed a complaint for damages for the wrongful death of decedent Sandra Troupe, for elder abuse pursuant to the Elder Adult and Dependent Adult Civil Protection Act, and for negligent hiring and supervision. In response, defendants filed a petition to compel arbitration, citing an arbitration agreement (“Agreement”) among the parties. In opposition, plaintiffs do not co...

Excerpt: ...m alleging breach of contract, breach of warranty, and concealment. Plaintiff alleges that on September 16, 2018, she leased a 2019 Jeep Cherokee from Fresno Chrysler, manufactured by FCA, which came with various warranties. During the warranty period, defects were contained or developed in the vehicle, which could not be repaired. On December 8, 2021, defendants filed a motion to compel arbitration and stay the action, set for hearing on June 29...

Excerpt: ...f the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases: (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under appeal. (3) The judgment against appellant is solely for costs awarded to the respondent …” (Code Civ. Proc., § 917.9, subd. (a)....

Excerpt: ...6, and requests for production of documents, set one, numbers 1 to 14. To grant monetary sanctions of $1,695 against Ultimate Solar and its counsel, Sofian Dawood, which shall be paid within 30 days of the date of service of this order. To deny the request for evidentiary sanctions without prejudice. However, if plaintiff fails to serve its verified further responses within 10 days of the date of service of this order, the court will entertain de...

Excerpt: ...or a deposition within thirty (30) days of the hearing on this motion. (Code Civ. Proc., §§ 2025.450, subd. (a), 2025.280, subd. (a).) To impose monetary sanction in the amount of $1,295.00, payable to counsel for Defendant/Cross Defendant GSF Jackson Park Place Investors, L.P. within 30 days of the clerk's service of this minute order. Explanation: Motion to Compel Deposition Testimony Proper service of a notice of deposition compels any depon...

Excerpt: ...ent in both cases. Plaintiff is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment for each case consistent with the court's summary judgment orders. Explanation: A party moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A pl...

Excerpt: ...nd Workforce Development Agency. The proposed Order and Judgment will be signed. No appearances are necessary. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting...

Excerpt: ...tive) an incentive award in the amount of $8,000. To award attorney fees in the amount of $157,500. To set a hearing at April 21, 2022, at 3:30 p.m. in Department 502 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than April 11, 2022. Explanation: Final Approval of Settlement California Rules of ...

Excerpt: .... Proc., § 430.10, subd. (e).) To grant the motion to strike. (Code Civ. Proc., §§ 435 and 431.10, subd. (b).) To grant leave to amend. Should plaintiff desire to amend, a Second Amended Complaint shall be filed within ten (10) days from the date of this order. Any new language in the amended pleading shall be in bold print. Explanation: Demurrer A general demurrer, “admits the truth of all material factual allegations in the complaint” an...

Excerpt: ... the parties to meet and confer as to the privileges asserted on demand for production, set eight. Explanation: Plaintiffs seek to compel further responses to requests for production of documents pertaining to communication between certain individuals and plaintiff Douglas Hecker (“Hecker”), and for the hard drives on which Hecker worked. On June 25, 2021, pursuant to Local Rule 2.1.17, plaintiffs filed a Request for Pretrial Discovery Confer...

Excerpt: ...rican Investments to provide further responses to Form Interrogatories – Employment, as specified below. Defendants shall serve their responses no later than 20 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor of Plaintiff Labor Commissioner, and against Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and G...

Excerpt: ....250.) However, the court intends to deny the request to list additional persons on the notice. The notice must only list the people who were listed as mineral rights holders on the original 1964 deed. To order defendants to pay plaintiff's legal expenses incurred in the present litigation, in the amount of $8,345. (Ibid.) When defendants have paid plaintiff's litigation expenses, the case against them will be dismissed. The case against the Weld...

Excerpt: ...mber 22, 2020 approval of the petition to list the western Joshua tree1 as a candidate species under the California Endangered Species Act, (Fish & G. Code, § 2050, et seq. [“CESA”2 ].) For the reasons set forth below, this court intends to leave the Commission's threshold approval undisturbed and deny the petition for writ of mandate. (Code Civ. Proc., § 1094.5.) Statutory Background The California Endangered Species Act (“CESA”) conta...

Excerpt: ...s. (Code Civ. Proc. § 2033.280.) The discovery cutoff dates and discovery motion cutoff dates had already run before the discovery requests were served, so plaintiff's motion is untimely and must be denied. (Code Civ. Proc. § 2024.020.) Explanation: Under Code of Civil Procedure section 2033.280, If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests...

Excerpt: ...a issued for the business records of David W. Cardona, M.D., relating to the care, treatment and examination of plaintiff. (Mafud Decl., ¶ 4, and Ex. B.) On March 25, 2021, defendant issued said subpoena. (Ibid.) The subpoena set a production date of April 22, 2021. (Ibid.) On August 11, 2021, counsel for defendant sought to meet and confer with Cardona regarding the failure to produce any responsive records. (Id., ¶ 6, and Ex. C.) To date, Car...

Excerpt: ... to the declaration of Robert Offerman, paragraphs 1, 2, 8, 9, and 15. All other objections are overruled pursuant to Code of Civil Procedure, section 437c, subdivision (q). To deny moving defendants' motion for summary judgment. (Code Civ. Proc., § 437c, subd. (c).) To grant moving defendants' motion for summary adjudication as it relates to the second and third causes of action. (Code Civ. Proc., § 437c, subd. (f).) The motion is denied as it...

Excerpt: ...r's expert trial witnesses to the following extent: [¶] (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (Code Civ. Proc., § 2034.210, subd. (a).) “The exchange of expert witness information shall incl...

Excerpt: ...(20) days from service by the clerk of the minute order. Explanation: A general demurrer, “admits the truth of all material factual allegations in the complaint” and the plaintiff's “ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court ….” (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496; Stella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, ...

Excerpt: ... specified below. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and Great American Investments in the sum of $333.00. (Code Civ. Proc., § 2023.010, subd. (f), (h).) Defendants shall pay the sanctions to plaintiff's counsel within 30 days of the clerk's service of the minute order. Explana...

Excerpt: ...s Castro's (“Cross‐Complainant”) cross‐complaint, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Cross‐Complainant is granted 20 days' leave to file a First Amended Cross‐Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type. Explanation: Meet and Confer: The on...

Excerpt: ...umbers 35 and 38. For a partially successful motion, monetary sanctions in the amount of $1,200 (at a rate of $400 per hour) will be imposed against defendant Fresno Pacific University (FPU) and in favor of plaintiffs. (Code Civ. Proc. § 2030.300, subd. (d).) Sanctions must be paid no later than 30 after service of this Order. Explanation: Background Plaintiffs were members of the swim team at FPU. At a swim team practice on January 9, 2018, pla...