Excerpt: ...on of any contract.” (Code Civ. Proc., § 1281.) Pursuant to Code of Civil Procedure section 1281.2: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate 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 e...

Excerpt: ...thin ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiffs have failed to allege any facts showing that defendants Argentino, Marshall, or RMK Engineering acted with fraud, malice, or oppression as required under Civil Code section 3294. Civil Code section 3294 states that, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincin...

Excerpt: ...de Civ. Proc., § 2031.310.) The motion can be utilized to attack a response containing: an objection; an agreement to comply that is incomplete; or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) The motion must be served within 45 days after service of a verified response (extended if served by mail, overnight delivery, fax or electronically). (See Code Civ. Proc., §§ 1010.6, subd. ...

Excerpt: ...e by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Vi...

Excerpt: ...ntative Ruling: To grant. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the ev...

Excerpt: ...) Moving party 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. To grant Defendant Aaron J. Carter, M.D.'s Motion for Summary Judgment. (Code Civ. Proc. § 437c(c).) Moving party 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. To grant D...

Excerpt: ...made by defendant FCA US LLC & Finegan Dealer Group North to the Knight Law Group, the Wirtz Law Group and the O'Connor Law Group within 30 days of the clerk's service of this minute order. Explanation: Pursuant to Civil Code section 1794, plaintiff seeks attorney's fees in the amount of $ 274,332.00, plus a multiplier of 1.5, for an additional $137,166.00. Plaintiff also seeks costs of $ 43,708.51. In total, plaintiff seeks $455,206.51 in attorn...

Excerpt: ...ions to compel defendant Enrique Arriola‐Hernandez to respond to the special interrogatories, form interrogatories, and request for production of documents served on him on December 3, 2020. (Code Civ. Proc. §§ 2030.290; 2031.300.) Defendant shall serve his responses without any objections within 10 days of the date of service of this order. To grant plaintiffs' motion to deem defendant to have admitted the truth of the matters in the request...

Excerpt: ...t is used to challenge pleadings that do not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subd. (c).) A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057.) Cross ‐defendants1 Lucky Lee Gold (“Lucky”) ...

Excerpt: ...gon‐Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) Accordingly, the affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) “[A]ny doubts as to whether summary judgment is proper should be resolved against the moving party.” (Buehler, supra, 17 Cal.3d at p. 526.) A defendant moving for summary judgment bears the initia...

Excerpt: ...l., Superior Court Case No. 20CECG01317 for purposes of discovery and trial only. A copy of this order shall be filed in each case. Huynh, et al. v. Coleman, Superior Court Case No. 18CECG03177 is designated as the lead case. Explanation: Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all th...

Excerpt: ...e pursuant to Evidence Code section 452, subdivision (h). To grant the petition. The Complaint must be filed within 30 days of notice of the ruling plus 5 days for service via mail. [Gov.C. Sec. 946.6(f) and CCP Sec. 1013.] Explanation: Background On or about December 11, 2019, petitioner was driving his car in the vicinity of E. Belmont Avenue and N. Millbrook in Fresno, CA. He was “rear‐ended” by a car allegedly driven by Xiong Vang. Vang...

Excerpt: ...the entire action until an arbitration is had in accordance with the order to arbitrate. (Code Civ. Proc., § 1281.4.) Explanation: Moving Party Burden: The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. Oakland Nat'l Engraving Co. (1986) 185 Cal.Ap...

Excerpt: ... order that a record be filed under seal if it expressly finds facts that establish: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve...

Excerpt: ...n”), the owner of the subject vehicle driven by Zachary but did not name Zachary as a defendant at the outset. Zachary contends that he was not named as a defendant until a year after the statute of limitations had run against him, and he disputes that plaintiff and his counsel were genuinely ignorant of Zachary's identity at the time the complaint was filed. In an effort to establish that plaintiff and his counsel were not genuinely ignorant o...

Excerpt: ...practicable to bring them all before the court, one or more may sue or defend for the benefit of all.” (Code Civ. Proc., § 382.) “The party seeking certification as a class representative must establish the existence of an ascertainable class and a well‐defined community of interest among the class members. The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representativ...

Excerpt: ...y. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the evidence would allow a re...

Excerpt: ...amount of $4,991.07, and Hardeep Singh (“Hardeep”) awarded costs in the amount of $3,764.25. Explanation: These motions relate to separate complaints filed by Surinder and Hardeep concerning the same commercial real estate transaction (sale of a gas station and minimart). Surinder was the seller, and Hardeep was the buyer. The sale process was long and complicated, and there were several addendums to the contract, some of which referenced rel...

Excerpt: ...fendant Osborn and her attorney. (Ibid.) Defendant Osborn shall serve further responses within 10 days of the date of service of this order. Explanation: Plaintiff seeks to compel defendant Osborn to provide a further response to requests 13 and 14, which seek any and all documents, including but not limited to notes, Facebook messages, text messages, memos, emails, letters, or journals sent by Osborn to Castillo, or received by Osborn from Casti...

Excerpt: ...nctions Tentative Ruling: To grant defendant Western Dental's motions respecting the interrogatories. To grant defendant Western Dental's motion to compel further responses to request for production of documents set one, except as to response no. 1. To impose monetary sanctions in the amount of $1,507. (Code Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h).) Sanctions must be paid by plaintiff, Guled Fadumo Abdillah, to the Law Office of...

Excerpt: ...identiary objections. Explanation: Procedural Issues: There was an error at Paragraph 4 of the Notice of Motion in identifying the number of the cause of action: it referred to the “Second Cause of Action for Age Discrimination,” when the age discrimination claim is actually the first cause of action. This error was repeated on the Separate Statement, at Issue 4. However, despite this labeling error both sides were able to address this cause ...

Excerpt: ...4, 6, 7, 9, 10, and 11. All other objections are overruled as immaterial to the determination of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must “consider all of the evidence' and all of the 'inferences' reasonably drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposi...

Excerpt: ...te a cause of action. (Code Civ. Proc., §430.10, subd. (e).) The prevailing party is directed to submit to this court, within 7 days of service of the minute order, an Order consistent with this ruling. Explanation: Breach of Contract and Breach of Implied Covenant of Good Faith and Fair Dealing State Farm Mutual Automobile Company (“State Farm”) demurs to the Breach of Contract and Breach of Implied Covenant of Good Faith causes of action b...

Excerpt: ... deny the motion as to the fourth and ninth causes of action. To deny leave to amend as to the first, second, sixth, seventh, and thirteenth causes of action, and to grant leave to amend as to the third and fourteenth causes of action. Plaintiffs shall serve and file their second amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Defendants argue that many of plaintiffs' c...

Excerpt: ...mmary judgment order. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the eviden...

Excerpt: ...a)(1) which provides that, “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve or file a motion … [t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “On a challenge to personal jurisdiction by a motion to quash, the plaintiff has the burden of proving, by a preponderance of the evidence, the factual...

Excerpt: ...d when the 2016 Polaris Ranger Crew XP (“Subject Vehicle”) she was driving rolled over. Plaintiff alleges that the Subject Vehicle was defective in design, and in order to demonstrate that alternative safer designs were feasible when Polaris constructed the Subject Vehicle, Plaintiff seeks to depose the American Honda Motor Company and compel it to produce extensive documentation regarding the safety netting installed on Honda's UTVs. The dis...

Excerpt: ...ery separate type of propounded discovery which is the subject of this motion. See the explanation below for further detail as to what each declaration should include (separate declarations are required only as an aid to the court in analyzing the motion). No additional filings are permitted, by either side, without prior leave of court. On or before July 26, 2021, defendant shall pay to the clerk of the court an additional $60 motion fee, beyond...

Excerpt: ...f Insurance Code section 11580, subdivision (b)(2). A determination of this issue is necessary for purposes of ruling on the motion for summary adjudication as to the first cause of action for violation of Insurance Code section 11580, subdivision (b)(2). The parties must file and serve supplemental briefs on or before July 21, 2021. No reply briefs will be permitted. The hearing will be continued to August 4, 2021. To deny the motion for summary...

Excerpt: ...n: A trial court shall grant summary judgment 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); Schachter v. Citigroup, Inc. (2009) 47 Cal.4th 610, 618.) As the moving party, defendant bears the initial burden of proof to show that plaintiff cannot establish one or more elements of her cause of action or to show that there is a complete defense...

Excerpt: ...iled will run from service by the clerk of the minute order. To deny the motion to strike the First Amended Complaint. Explanation: Demurrer A demurrer is made under Code of Civil Procedure section 430.10, and is used to test the legal sufficiency of the complaint or other pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The demurrer admits the truth of all facts properly pleaded by the plaintiffs, as well as those that...

Excerpt: ...uld plaintiff desire to file a second amended complaint, that complaint must be filed within 20 days from the date of service of this order and any new allegations must be in bold print. Defendant's request for judicial notice is denied. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Pro...

Excerpt: ...laims, plaintiffs must prove the same elements, namely that (1) defendant owed them a duty of care, (2) defendant breached that duty, and (3) plaintiff suffered damages as a proximate result of the breach. (Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) In order to prevail on a premises liability claim, plaintiffs must show that defendant owned, leased, occupied, or controlled the subject property. (Contreras v. Anderson (1997) 59 Ca...

Excerpt: ...996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail on a motion for summary judgment, it is the moving party's burden to prove there is a complete defense or that plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562.).) To show that plaintiff cannot establish his claims, defendant may either (1) affirmatively negate one or more elements of...

Excerpt: ... the Settlement Administrator, by January 10, 2022. Explanation: Certification of Class for Settlement: 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. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The ...

Excerpt: ...r punitive damages only. Plaintiff is granted 20 days' leave to amend. 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: This case was filed on December 9, 2019. Two causes of action are alleged: (1) negligence; and (2) legal malpractice. Defendant Stephen Labiak now demurs to both causes of action. Ea...

Excerpt: ...t 502. Defendant Hurley's opposition shall be served and filed on or before Thursday, September 9, 2021. Plaintiff's reply shall be served and filed on or before September 17, 2021. Explanation: If the party opposing the motion for summary judgment or adjudication shows by declaration that essential evidence “may exist but cannot, for reasons stated, be presented,” the court shall deny the motion, or continue it for a reasonable period, or �...

Excerpt: ...'s request for judicial notice of Exhibits A through G pursuant to Evidence Code Secs. 452(a), 452(c) and 452(d)(1). To take judicial notice sua sponte pursuant Evidence Code Sec. 452(c) of the postings on the website of the California Secretary of State for the entity known as Valley Cardiac Surgery Medical Corporation. Explanation: Third Cause of Action—Retaliation and Wrongful Termination in violation of Labor Code Sec. 1102.5 Labor Code Sec...

Excerpt: ...ons Code section 17200. To deny defendant's alternative motion to dismiss the twenty‐eighth cause of action. Explanation: Defendant has not cited to any statutory authority or case law that would support its highly unusual motion to enter a judgment against itself. Thus, the motion violates California Rules of Court, rule 3.1113(b), which requires a moving party to include a memorandum of points and authorities with a concise statement of the l...

Excerpt: ...ndant Ford Motor Co.'s objections. None are material to the outcome of the instant motion. Explanation: Defendant Ford Motor Co. (“FMC”) now moves to compel arbitration. It brings the instant motion based on the broad language of the Arbitration Provision that plaintiff signed when she purchased the subject Vehicle. In relevant part, the Arbitration Provision states: Any claim or dispute, whether in contract, tort or statute… between you an...

Excerpt: ...orceable settlement with plaintiff Robert Endara (“Endara”) following mediation. Contending there was never a meeting of the minds and no enforceable agreement, Endara did not accept Shelby's performance and did not dismiss Shelby from the action. Instead of simply moving to enforce the settlement agreement, Shelby filed a separate action for specific performance and breach of contract (Shelby American, Inc. v. Endara, Case No. 20CECG00202), ...

Excerpt: ... agreement with defendant in this PAGA action. “The superior court shall review and approve any settlement of any civil action filed pursuant to this part.” (Lab. Code, § 2699, subd. (l)(2).) Courts have recognized that PAGA does not set forth the appropriate standard for approval of such settlements. (Flores v. Starwood Hotels & Resorts Worldwide, Inc. (C.D. Cal. 2017) 253 F.Supp.3d 1074, 1075; Patel v. Nike Retail Services, Inc. (N.D. Cal....

Excerpt: ...ldface type. Explanation: Special Demurrer “[O]bjections that a complaint is ambiguous or uncertain, or that essential facts appear only inferentially, or as conclusions of law, or by way of recitals, must be raised by special demurrer, and cannot be reached on general demurrer.” (Johnson v. Mead (1987) 191 Cal.App.3d 156, 160.) Plaintiff appears to allege that defendant breached the parties' agreement beginning in 2013 because he “refuses,...

Excerpt: ...esire to file a first amended complaint, that must be done within 20 days from the date of this order and any new allegations must be in bold print. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., 452.) Furthermore, “[t]his rule of liberal construction means that the reviewing co...

Excerpt: ...ty has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. . . . (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2) At any time during the pendency of the...

Excerpt: ...h California Rules of Court, rule 3.1350(b) and (d). 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, through the medium of affidavits or declarations, whether there are issues to be tried and whether the parties possess evidence that demands the analysis of a ...

Excerpt: ...ties moving for summary judgment carry the burden of production of evidence. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A party who asks a court to act in his or her favor also bears the burden of persuasion. (Evid. Code, § 500). Thus, “from commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as ...

Excerpt: ...cedure, section 473c, subdivision (f)(2), “A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless that party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion.” (Code Civ. Proc., § 437c, subd. (f)(2).) If a party brings a renewed summary...

Excerpt: ...r on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, wha...

Excerpt: ...rrections and Rehabilitation's (“CDCR”) request to take judicial notice of plaintiff's Department of Fair Employment & Housing Complaint. (Evid. Code., § 452, subd. (c).) To grant CDCR's motion for judgment on the pleadings, without leave to amend. (Code Civ. Proc., § 438.) Defendant CDCR is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing the action as to it. To grant the motion...

Excerpt: ...2.551(a).) “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551(b)(1).) “The party requesting that a record be filed under seal must lodge it with the court under (d) when the motion or application is made, ...

Excerpt: ...Motion for Summary Judgment as to Plaintiffs' Entire Complaint (3) Defendant California Department of Transportation's Motion to Bifurcate Trial (Joined by the County of Fresno) Tentative Ruling: To deny both motions for summary judgment filed by defendants County of Fresno (“County”) and California Department of Transportation (“CalTrans”). (Code Civ. Proc., § 437c.) To grant the motion to bifurcate trial. (Code Civ. Proc., §§ 598, 10...

Excerpt: ...ose monetary sanctions in favor of defendant Virginia Valenzuela and against plaintiff. (Code Civ. Proc. §§ 2023.010, subd. (d), 2025.450, subd. (g).) Plaintiff is ordered to pay $778.25 in sanctions to the Carbone, Smith & Koyoma law firm, within 30 days of the clerk's service of the minute order. Explanation: Proper service of a notice of deposition compels the opposing party to appear, to testify, and to produce documents if requested. (Code...

Excerpt: ...lse factual assertion; (3) the factual assertion is false; and (4) the defendant failed to take reasonable care to determine the truth or falsity of the assertion. (Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 470; Judicial Council of Cal. Civ. Jury Instns. (Feb. 2021 rev.) CACI No. 1704.) However, where the plaintiff is a private figure suing over a statement addressing an issue of public concern, plaintif...

Excerpt: ...ual fraudulent transfer and the 2nd for avoidance of constructive fraudulent transfer are time barred under the provisions of Civil Code §3439.09(c). That section provides: Notwithstanding any other provision of law, a cause of action under this chapter with respect to a transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred. The grounds for the de...

Excerpt: ...ndant moves to strike plaintiff's entire First Amended Complaint on the ground that plaintiff was not genuinely ignorant of defendant's identity at the time the original complaint was filed and the amended pleading therefore does not relate back to the commencement of the original action and is barred by the statute of limitations. Plaintiff claims that he was genuinely unaware of the true identity of defendant at the time the action was commence...

Excerpt: ...Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (20 U.S.T. 361), and service on ABIC through Akebono Brake Corporation (“ABC”), a Michigan corporation, is improper. Without valid service of summons, the court never acquires jurisdiction over a defendant. Thus, the statutory ground for the motion to quash is that the court lacks jurisdiction over the defendant. (Code Civ. Proc., § 418.10, subd. (a)(1).) “When ...

Excerpt: ...ment consistent with the court's summary judgment ruling. Explanation: A trial court shall grant summary judgment 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 initial burden of production to make a prima facie showing of the “nonexistence of any triable issue of...

Excerpt: ... adjudication as to one or more causes of action within an action . . . if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action . . . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action.” Subdivision (p)(1) addresses summary adjudication when sought by the plaintiff: “A plaintiff . . . has met his or her burden of showing that...

Excerpt: ... (Code Civ. Proc., §§ 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 [where evidence on one issue overlaps with evidence on another issue, it is appropriate to deny bifurcation].) The California Supreme Court has rejected the contention that “broad discovery in [Private Attorney General Act (“PAGA”)] actions should be limited unti...

Excerpt: ...defendants Judge Harrell, Judge Alvarez and Judge Simpson's demurrer to plaintiff's first amended complaint without leave to amend. (Code Civ. Proc., § 430.10, subd. (a).) To find moot defendant Judge Gamoian's demurrer to plaintiff's first amended complaint. To deny plaintiff's motion. Explanation: Defendants Judge Harrell, Judge Alvarez and Judge Simpson's Demurrer to Plaintiff's First Amended Complaint Subject Matter Jurisdiction. No specific...

Excerpt: ... that arises out of the same incident that led to plaintiffs' decedent's death. He contends that it would constitute a violation of his Fifth Amendment rights to have to choose between testifying in the civil case to defend himself and potentially incriminating himself, or remaining silent in the civil case and potentially being subjected to civil sanctions in order to avoid incriminating himself. An application for a stay is addressed to the sou...

Excerpt: ...cy limit settlement with plaintiff was in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Defendants Jorawar Singh Nagra and Amandeep Singh dba Handi Stop Mini Mart (“Handi Stop”) filed this motion opposing the settlement. Vasquez argues that the opposing parties fail to meet their burden to provide admissible evidence establishing lack of good faith. However, on a contested motion it is still the settling party's burde...

Excerpt: ...the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, courts usually follow a three‐ prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determining whether the opposition demonstrates the existence of a triable issue of ma...

Excerpt: ...pple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for se...

Excerpt: ...ant Carney also remains liable for all previously imposed sanctions. Defendant Carney shall serve and file his answer to the first amended complaint within 10 days of the date of service of this order. Defendant Carney's attorney shall pay attorney's fees within 30 days of the date of service of this order. The court also admonishes defendant Carney that any further failure to comply with this court's orders may result in the court granting termi...

Excerpt: ...ant within 30 days of the date of mailing of this order. Explanation: Any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge a lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations 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...

Excerpt: ...g a cause of action asserted in a cross‐complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.” Code of Civil Procedure section 598 provides in pertinent part as follows: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigat...

Excerpt: ... service by the clerk of the minute order. All new allegations in the amended complaint are to be set in boldface type. Explanation: Amended Complaint “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading ….” (Code Civ. Proc. § 473, subd. (a); see also, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 13...

Excerpt: ...t; David Lincoln and Cheryl Lincoln, Trustees of the David and Cheryl Lincoln Living Trust; Brent A. Davis, Davis & Davis Distributors; Davis Equipment, Inc. erroneously sued herein as Davis Road Oil & Equipment, Inc.; and Davis & Davis Distributors No. 2, Inc. Plaintiff is granted 10 days' leave to file a Second Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type....

Excerpt: ...order shall be filed in each case sought to be consolidated. (Cal. Rules of Court, rule 3.350(c).) Explanation: Plaintiffs Krystalynn Sullivan and Dustin Culbert move to consolidate two actions for trial purposes, namely Sullivan, et al. v. Fire Insurance Exchange, et al., Superior Court Case No. 18CECG03812 (the “Sullivan Action”) and Funez v. Fire Insurance Exchange, et al., Superior Court Case No. 19CECG02755 (the “Funez Action”). “C...

Excerpt: ...e, moot. To grant the motion to compel responses to request for production of documents, set one. Plaintiff shall provide verified responses to the request for production of documents, set one, without objections, and shall make responsive documents available, within 20 days of service of this order. To impose monetary sanctions in favor of defendant Osborn, and against plaintiff and his attorney of record, jointly and severally, in the amount of...

Excerpt: ...file the Second Amended Complaint if he wishes to amend the second cause of action. New allegations/language must be set in boldface type. If plaintiff chooses not to amend the second cause of action by that date, then defendant is granted until Friday, July 9, 2021, to file her answer to the First Amended Complaint. Explanation: Defendant demurs to each cause of action. The demurrer is technically deficient, in that it initially states it is bro...

Excerpt: ...).) Explanation: The summary judgment procedure “is drastic and should be used with caution.” (Buehler v. Oregon‐Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) Accordingly, the affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) “[A]ny doubts as to whether summary judgment is proper should be resolved against the...

Excerpt: ...end granted. Should plaintiff desire to file a Second Amended Complaint, that must be done within 20 days from the date of this order and any new allegations must be in bold print. If plaintiff does not file a Second Amended Complaint within the allotted time period, defendant shall file an Answer to the First Amended Complaint within 30 days from this order. Explanation: Demurrer General Standard of Ruling “In the construction of a pleading, f...

Excerpt: ...ainst them. (Code Civ. Proc. § 437c.) Explanation: Eva Airways and Mercury Air Cargo's Motions: The court intends to grant summary judgment in favor of defendants Eva Airways and Mercury Air Cargo as to the plaintiff's entire complaint, as plaintiff executed a general release that released all of its claims as to everyone other than Panalpina, Inc. Therefore, plaintiff cannot prevail on its claims as to Eva and Mercury. In General Motors Corp. v...

Excerpt: ...ted with a proposed order granting the preliminary injunction within five (5) days of this order. (Cal. Rules of Court, rule 3.1150(f).) To take judicial notice of the existence of the documents contained in defendant's request for judicial notice. (Evid. Code, § 452, subd. (d).) Explanation: The general purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action.” (Continental Ba...

Excerpt: ...e based on the party's health: In its discretion, the court may also grant a motion for preference that is accompanied by clear and convincing medical documentation that concludes that one of the parties suffers from an illness or condition raising substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference. (Emphasis added.) Rather, th...

Excerpt: ...ire driveway and front yard of the subject property came off or out of its railing as it was being closed, causing it to fall into the yard where plaintiff was walking toward the house, injuring her. The subject property was initially purchased by Win Chan and Yu Chan in early 2009 and was transferred to their business entity, Chan's Property, LLC, in or around 2015, so it was the owner at the time of the accident. The property has been rented to...

Excerpt: ...ust be done within 20 days from the date of this order and any new allegations must be in bold print. If plaintiff does not file a second amended complaint within the allotted time period, defendant shall file an answer to the first amended complaint within 30 days from this order. Explanation: Demurrer to Cause of Action Three: Fraudulent Inducement ‐ Concealment Defendant demurs on the grounds that the first amended complaint's cause of actio...

Excerpt: ... clerk of the minute order tied to this ruling. New allegations in a Third Amended Complaint are to be set in boldface type. Explanation: Demurrer, in General A demurrer tests only the legal sufficiency of the pleading. (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 47.) The pleading is adequate if it apprises the defendant of the factual basis for the plaintiff's claim. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6.) ...

Excerpt: ...int. All new allegations in the amended complaint are to be set in boldface type. Explanation: Defendant FCA US LLC (“FCA”) demurs to the sixth cause of action for fraudulent inducement – concealment on the grounds that it fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Statute of Limitations FCA contends that the cause of action is barred by the applicable statute of limitations. Th...

Excerpt: ... will be dismissed with prejudice as to defendant California Home For The Aged, Inc. dba California Armenian Home. Explanation: On November 6, 2019 defendant served on plaintiff Special Interrogatories, Form Interrogatories, Demand for Production of Documents, and Request for Admissions. Plaintiff served only boilerplate objections to each. Plaintiff did not meet and confer, and filed no response to defendant's Request for Pre‐Trial Discovery C...

Excerpt: ...f their dormant mineral rights, contending that plaintiff has failed to state facts sufficient to constitute a cause of action under Civil Code section 883.210, et seq. Pursuant to section 883.210, “The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant.” (Civ. Code, § 883.210.) Also, under section 883.220, For the purpose of this artic...

Excerpt: ...f'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, 697.) In assessing the sufficiency of the complaint against the demurrer, we treat the dem...

Excerpt: ...omplaint. All new allegations in the amended complaint are to be set in boldface type. Explanation: Second Cause of Action – Negligent Infliction of Emotional Distress (NIED) Defendants demur to plaintiff Naomi Hendrix's cause of action for negligent infliction of emotional distress (NIED) on the grounds that the second amended complaint (SAC) fails to allege facts sufficient to state a cause of action. Specifically, defendants contend that the...

Excerpt: ...n for Terminating Sanctions Code of Civil Procedure section 2023.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc. § 2030.010, subds. (d) & (g).) Code of Civil Procedure section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery ...

Excerpt: ...se of action (false light). The court also strikes paragraphs 9, 11, and 12 from the “Background Allegations” section. (First Amended Complaint (“FAC”), p. 4.)1  To deny as to the entire second cause of action (fraud).  To grant as to part of the third cause of action (negligence), striking paragraph 27. (FAC, p. 7). The motion is denied as to the remainder of this cause of action.  To grant as to part of the fourth cause of acti...

Excerpt: ...: Under Code of Civil Procedure section 1710.40, a judgment debtor may move to vacate a sister‐state judgment against it that has been registered or domesticated in California. “A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment. . . .” (Code Civ. Proc., § 1710.40, subd. (a).) “The judgment is subject to challenge on a variety of ground...

Excerpt: ...rrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014.) The court intends to find that $2.50 per page is a reasonable rate to charge for the transcript. The court also intends to find that plaintiff is not required to pay for additional services and materials such as “production and archival,” “condensed transcript,” “delivery of hard copy of original or certified copy,” and “deposition technology package” if he h...

Excerpt: ... 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.) The subject deposition subpoena contains twelve categories mostly pertaining to J.D. Heiskell ...

Excerpt: ...National Carriers, Inc., is modified as follows: “Application for employment, including but not limited to documents received from prior employers excluding any personal financial or medical information of Michael Alexander Gomez, incident reports, driver training records, driver evaluations excluding Department of Transportation drug and alcohol test information, driver history, license history, and all documents regarding termination of emplo...

Excerpt: ...o cause of action three. To deny cross‐complainant Usman Javed's Motion for Summary Adjudication to the Cross‐Complaint. Explanation: A defendant moving for summary judgment meets its burden of showing that a cause of action has no merit by establishing that one or more elements of the cause of action cannot be established. (Code Civ. Proc., § 437c; see also Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 286.) Here, de...

Excerpt: ...l Response to Request for Production of Documents, Set Four, against Plaintiff Pedro Alonso‐Ifil and for Related Sanctions, by Defendant Greyhound Lines, Inc. (4) Motion to Deem Admissions, Set One, Admitted against Plaintiff Pedro Alonso‐Ifil and for Related Sanctions, by Defendant Greyhound Lines, Inc. Tentative Ruling: To grant all four motions. To impose monetary sanctions against plaintiff Pedro Alonso‐Ifil, in the amount of $ 1,430. (...

Excerpt: ... a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) In this case, plaintiff Lori Calwile signed an arbitration agreement on behalf of decedent Marilyn Leach. Plaintiffs dispute that the arbitration agr...

Excerpt: ...uant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” In addition, under Government Code section 53511, subdivision (a), “A local agency may bring an action to determine the validity of its bonds, warrants, contracts, obligations or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” Pursuant to Code of Civil Pro...

Excerpt: ...ion obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code.” Evidence Code section 1043 requires a noticed motion which identifies the records sought, and “affidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject matter involved in the pending litiga...

Excerpt: ...tent with this order within 10 days of service of this order. Explanation: Defendant first moves for summary judgment or adjudication of the wrongful death claim on the ground that it did not breach the standard of care or cause plaintiffs' decedent's death. “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and...

Excerpt: ...tent or results of any arbitration handled under this agreement without the prior written consent of all parties.” To stay the court action pending resolution of the arbitration. Explanation: The moving party must prove by a preponderance of the evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. ...

Excerpt: ...ings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (c) Unless the court otherwise orders: (1) A party may file and serve a motion for preference supported by a declaration of the moving party that all essential parties have been served with process or have appeared. (2) At any time during the pend...