Excerpt: ..., consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procu...

Excerpt: ... page 18, line 6; page 19, lines 7-12; and page 19, line 28, with leave to amend. (Code Civ. Proc., S 436; Civ. Code, S 3294.) Plaintiff is granted 20 days' leave to file the second amended complaint. The tme to file the second amended complaint will run from service by the clerk of the minute order. All new allegations in the second amended complaint are to be set in boldface type. Explanation: Retaliation: Defendants, India Oven, Inc., Gurdev S...

Excerpt: ...se the curb on which she tripped was not a dangerous condition, or even if it was, it was an open and obvious condition and thus defendant had no duty to warn plaintiff of it or remedy the condition. However, the question of whether a condition is dangerous, and whether it is open and obvious, is generally an issue of fact for the jury to decide. "Civil Code secton 1714, subdivision (a), provides in relevant part: 'Every one is responsible, not o...

Excerpt: ... unopposed and granted) motion to set aside a default was epically unprofessional and abhorrent. (See Rules Prof. Conduct, rules 3.1(a)(1), 3.2 and 8.4(a).) That truism aside, the court must now decide whether sanctions and attorneys' fees should be awarded against plaintiff and its counsel. Actons or tactics undertaken in bad faith which are frivolous and intended solely to cause unnecessary delay constitutes sanctionable conduct. (Code Civ. Pro...

Excerpt: ...notice of this proceeding. A writ of execution may be obtained through an ex parte application, however, "a taking such as that inwlved in claim and delivery procedure violates due process if it occurs prior to a hearing on the merits unless justified by weighty state or creditor interests." (Blair v. Pichess (1971) 5 Cal.3d 258, 278; see also Sea Rail Truckloads, Inc. v. Pullman, Inc. (1982) 131 Cal.App.3d 511, 515 ["An ex parte writ of possessi...

Excerpt: ...alian shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of achon for "Fraudulent Inducementconcealment" on the basis that it is barred by the three-year statute of limitations. (Code Civ. Proc. S 430.10, (e).) Plaintiff purchased a 2017 GMC Sierra 1500 truck on April 19, 2017 and this action was...

Excerpt: ...nting Final Approval of Class Settlement which was filed late on November 28, 2023. To set a status conference for Wednesday, May 22, 2024, 3:30 p.m. in Department 501. Explanation: 1. Class Certification On February 15, 2021, the class was certified. 2. Settlement a. Legal Standards "[lln the final analysis it is the Court that bears the responsibility to ensure that the reccwery represents a reasonable compromise, given the magnitude and appare...

Excerpt: ...ause of action on the ground that defendant cannot ascertain whether the contract is written, oral or implied by conduct. (Code Civ. Proc. S 430.10, subd. To sustain the general demurrer to each cause of action, on the ground that each of them fails to state facts sufficient to adequately state a cause of action. (Code Civ. Prcyc., S 430.10, subd. (e).) Plaintiff is granted 30 days' leave to file the first amended complaint, which will run from s...

Excerpt: ...fendant's second summary judgment motion after the court denied its first motion. In both motions, defendant inexplicably contends plaintiffs "do not allege that Lifeway improperly invoked its early termination rights underthe lease. I' (Def.'s mem., at 1:21; see also mem. filed 2/7/23 at 1:21-22.) Yet, plaintiffs allege exactly that "Defendant (Lifeway) attempted to avoid its obligation to make lease payments ... by improperly, and in bad faith,...

Excerpt: ...in's lymphoma ("NHL"), while employed by BNSF Railway Company. As applicable here, plaintiff seeks to hold Monsanto Co. responsible for his NHL, asserting eight claims against it: (1) strict liability failure to warn; (2) strict liability — design and manufacturing defect; (3) breach of express warranty; (4) breach of implied warranty; (5) negligence; (6) negligent misrepresentation; (7) fraud (intentional misrepresentation); and (8) fraud by c...

Excerpt: ...it or that there is no defense to the achon or proceeding." (Code Civ. Proc., S 437c, subd. (a).) The court must determine from the evidence presented that "there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law ..." (Code Civ. Proc., S 437c, subd. (c).) "The workers' compensation exclusivity rule is the rule, embodied in [Labor Code sections et seq.l, that with certain exceptions, a...

Excerpt: ...� General, Set One, and Requests for Production of Documents, Set One, and Request for Monetary Sanctions 3) Plaintiff's Moton to Compel Attendance of Defendant Joshua O'Bannon at his Deposition and Request for Monetary Sanctons * *If timely requested, oral argument will be heard on Thursday, December 7, 2023, at 3:30 p.m. in Department 502* * Tentative Ruling: To grant all motions. Within 20 days of service of the order by the clerk, defendants ...

Excerpt: ... defendant SWH Mimi's Café', LLC to respond to the second set of form interrogatories, without objections. Defendant shall serve verified responses without objections within 10 days of the date of service of this order. To grant the motion to deem SWH Mimi's Café, LLC to have admitted the truth of the matters and the genuineness of all documents in the requests for admissions. Defendants are deemed to have waived all objections to the requests ...

Excerpt: ...on: Defendant's Procedural Objections: First, to the extent that defendant argues that the court should refuse to hear the merits of the moton to strike because of various procedural defects, the court will overrule the objections and hear the merits of the motion. Defendant argues that the motion was not properly served on defense counsel by electronic delivery, as plaintiff served the motion on the wrong email address. However, defendant has wa...

Excerpt: ...operty alleges is in the possession of defendant Colby McMillin ("Defendant"). On filing the complaint, a plaintiff may apply for a writ of possession under the claim and delivery statutes. (Code Civ. Proc. S 511.010 et seq.) The plaintiff must file a written application, executed under oath and must include: (1) a showng of the basis of the plaintiff's claim, that plaintiff is entitled to possession of the claimed property, and where the claim i...

Excerpt: ...intiff to name said defendant by a fictitious name and later amend the complaint to substitute the true name of the defendant. (Code Civ. Proc., S 474.) When plaintiffs filed their Complaint on January 7, 2021, they were purportedly unaware of several defendants' names. Six months later, on July 16, 2021, they filed three amendments to the Complaint naming Justin Bell, Martin Padilla and Nicholas Palomino. On July 18, 2023, two and a half years a...

Excerpt: ...granted. The plaintiffs in the coordinated actions are owners and operators of pistachio orchards in the Central Valley. They allege that in the spring or summer of 2020 they applied to their pistachios the insecticide imidaclopris, manufactured by defendants Bayer, Albaugh, Rotan, Nutrien Ag Solutions, Inc., and Loveland Products, Inc. Plaintiffs thereafter delivered their 2020 pistachio crops to Horizon Nut Company, who informed plaintiffs that...

Excerpt: ...thin twenty (20) days from the date of this order. Explanation: A "contract may impliedly as well as expressly permit [l recovery" of attorneys' fees. (Citizens Suburban Co. v. Rosemont Development Co. (1966) 244 Cal.App.2d 666, 683 (Citizens).) However, "[alttorney fees cannot be allowed a successful litigant without pleading and proof that there is a contract provision for them[]" (Ibid), and a demand for judgment not supported by allegations c...

Excerpt: ...f electronically filed his Complaint and Certificates of Merit by counsel and by a mental health practitioner in compliance with Code of Civil Proc:edure section 340.1. The filing was accepted by the court. On March 20, 2023, the court filed and served a Notce of Striking/voiding of Filed causing the Certificates of Merit filed on November 22, 2022, to be wided. The notice did not provide an explanaton for why the documents were voided, only that...

Excerpt: ...ified responses, without objections, to the defendant's Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Production, Set One, no later than 15 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To award monetary sanctions in the total amount of $842.50 in favor of the defendant, Delno Terrace, lnc„ and against the plaintiff, Latanisha Lark, payable with...

Excerpt: ...n Settlements preceding class certification are scrutinized more carefully to make sure that absent class members' rights are adequately protected, although there is less scrutiny of manageability issues. (Wershba v. Apple computer, Inc. (2W1) 91 cal.App.4th 224, 240; see Dunk v. Ford Motor co. (1996) 48 cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide...

Excerpt: ...gation "for poor performance." To grant the motion to strike part of paragraph 22, page 5, lines 21- 27, starting with "However..." and ending with "...co-owned." To grant the motion to strike part of paragraphs 40 and 73, specifically the allegation "Since the 1940s." To deny the rest of the moton to strike. To deny leave to amend. Explanation: Demurrer: Plaintiffs first argue that the defendants' quiet title claims all fail to state valid cause...

Excerpt: ... file an Answer within ten days of service of the minute order by the clerk. Explanation: On June 30, 2022, plaintiff filed suit against defendants California Department of State Hospitals ("CDSH"), Robert Withrow, and Brandon Price. On September 13, 2023, following the sustaining of a demurrer and granting of a motion to strike, plaintiff filed a Second Amended Complaint ("SAC") containing four causes of action: (1) violation of whistleblower pr...

Excerpt: ...A complaint showing on its face the cause of action is barred by the statute of limitations is subject to general demurrer." (Iverson, Yoakum, Papiano & Hatch v. Berwa d (1999) 76 Cal.App.4th 990, 995, citaton omitted.) A demurrer based on the statute of limitations is properly brought as a general demurrer for failure to state facts sufficient to constitute a cause of achon even though the section 430 does not mention the statute of limitation a...

Excerpt: ...shall examine into and determine the plaintiff's title against the claims of all the defendants, and require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants. Civ. Proc. S 764.010.) A plaintiff seeking to quiet title shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought. (Code Civ. S 762.010...