Excerpt: ... to compel defendant Dycora Transitional Health – Quail Lake, LLC to provide further responses to form interrogatories, set one, special interrogatories, set one, requests for production of documents, set one, and requests for admissions, set one, and for monetary sanctions. (Code Civ. Proc. §§ 2030.300; 2031.310; 2033.290.) To grant monetary sanctions against defendant Dycora only in the amount of $1440. Defendant shall serve verified furthe...

Excerpt: ...nced in the declarations. The errata and death certificate shall be filed no later than August 25, 2022. Explanation: “Except as otherwise provided by statute, a cause of action for or against a person is not lost by reason of the person's death, but survives subject to the applicable limitations period.” (Code Civ. Proc., § 377.20, subd. (a).) Also, “[a] pending action or proceeding does not abate by the death of a party if the cause of a...

Excerpt: ...e, a proposed judgment which is consistent with the terms as agreed upon in the December 21, 2021 agreement. Explanation: Code of Civil Procedure, section 664.6 provides in relevant part: If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the s...

Excerpt: ...ry approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 93, fn. 12.) “Confronted with a request for settlement‐only class certification, a district court need not inquire whether the case, if tried, would pr...

Excerpt: ...t in boldface type. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but a...

Excerpt: ...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 plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concea...

Excerpt: ...mal claim has first been presented to that entity, and has been rejected, or is deemed rejected by the passage of time. (Gov. Code §§ 945.4, 912.4; see Munoz v. State of Calif. (1995) 33 Cal.App.4th 1767, 1776.) The pre‐lawsuit claim must be presented to the governmental entity within six months of accrual of the cause of action. (Gov. Code § 911.2.) The time limit runs from the date the claimant's right to sue arises; i.e., from the time th...

Excerpt: ... motion. (Ibid.) Explanation: Saint Agnes Medical Center and its employees, Shannon Soliz, RN, Natalie Woods, RN, and Marisol Salazar, RN, move for summary judgment on the theory that plaintiffs cannot prove their negligence and loss of consortium claims because they cannot prove that there was a causal link between the alleged overdose of Pitocin administered by defendants and plaintiff's subsequent intracranial bleeding and resulting damages. S...

Excerpt: ...to amend. (Code Civ. Proc., § 430.10, subd. (e).) Prevailing defendants shall submit to this court, within seven days of service of the minute order, an ex parte request dismissing the action as to the demurring defendants. To grant the motions to strike the prayers for punitive damages (Complaint p. 52, line 6) and attorneys' fees (Complaint ¶¶ 136, 141, p. 52, lines 10‐11), without leave to amend. (Code Civ. Proc., § 436.) Explanation: De...

Excerpt: ...ndants for the sale of farm equipment. Defendant Goodland Global Farm Inc. was served with the application for writ of possession at the same time as it was served with the summons and complaint. This defendant has answered and defendant's attorney has filed a motion to be relieved as counsel, to be heard September 20, 2022. Counsel for Goodland Global has not filed an opposition or made a request to continue this hearing to a date after counsel'...

Excerpt: ...of a legal duty owed to him by defendant. In essence, then, defendant's motion is more akin to a demurrer or motion for judgment on the pleadings than a summary judgment motion. “‘A defendant's motion for summary judgment necessarily includes a test of the sufficiency of the complaint. When a motion for summary judgment is used to test whether the complaint states a cause of action, the court will apply the rule applicable to demurrers and ac...

Excerpt: ...m to respond further to discovery requests. (Code Civ. Proc. §§ 2023.010 (d), (g); 2023.030 (d)(4); 2030.290 (c) and 2030.300 (e).) The court strikes defendants' answer filed December 17, 2019 and enters default against defendants, Great American Investments, Inc., Liberty Financial Group, Inc., A.J. Rassamni, and Sharon Rassamni. The court vacates the trial date of April 24, 2023, trial readiness hearing on April 21, 2023 and Mandatory Settlem...

Excerpt: ...FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C. § 2.) “In recognition of Congress' principal purpose of ...

Excerpt: ...scretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) An order staying discovery until expiration of the criminal statute of limitations allows plaintiff to prepare his or her action “while alleviating [defendant's] difficult choice between defending either the civil or criminal case.” (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690.) Pursuant to both the United States and California constitu...

Excerpt: ...posing Monetary Sanctions 3) by Defendant Paul Speece, M.D., for an Order Compelling Plaintiff Maciej Kopacz, M.D., to Respond to Form Interrogatories, Special Interrogatories, Request for Production, and Request for Nature and Amount of Damages, and Imposing Monetary Sanctions Tentative Ruling: To grant defendant's motion to deem requests for admissions admitted and to award sanctions in the amount of $480 against plaintiff Maciej Kopacz, M.D., ...

Excerpt: ...eightliner Dealership (FFD) moves for summary adjudication of plaintiff's claims for fraud and breach of contract on the ground that plaintiff cannot prevail on his claims because he agreed that he was purchasing the truck “as is” without any express or implied warranties, and with no representation that the truck was merchantable or fit for a particular purpose. Defendant also points out that plaintiff had a chance to inspect the truck befor...

Excerpt: ...f the minute order. New allegations/language must be set in boldface type. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of acti...

Excerpt: ...not filed. California Rules of Court, rule 3.1300(c) requires that the proof of service to be filed no later than five (5) court days before the hearing. In addition, the proof of service also shows untimely service. Service of the motion must be made at least 16 court days before the hearing, plus additional calendar days, depending on the type of service made. (Code Civ. Proc., § 1005, subd. (b).) Here, since service was made by mail to a Cali...

Excerpt: ...trial. Plaintiff now moves under Code of Civil Procedure section 2033.420 for costs of proof. Timeliness Defendant Diaz Amaya opposes the motion as untimely because on December 20, 2021, plaintiff filed an Acknowledgement of Satisfaction of Judgment. The Acknowledgement indicated that the judgment was satisfied in full. On reply, plaintiff does not address this point. Rather, plaintiff argues that defendant Diaz Amaya cites no authority regarding...

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

Excerpt: ...its motion on multiple grounds, including res judicata and plaintiff's failure to exhaust administrative remedies, in addition to the argument that plaintiff cannot proffer evidence of pretext or that defendant's legitimate, nonretaliatory and non‐discriminatory reason for the August 1, 2019 Adverse Action was false. The ability to provide admissible evidence in support of his arguments for pretext is essential and where plaintiff ultimately fa...

Excerpt: ...ial counsel familiar with trial counsel's calendar, shall appear at the hearing in order to set trial date and to reschedule the hearing on Defendant's demurrer (telephonic appearances is acceptable). Explanation: Motion to File Evidence Under Seal The plaintiff requests that most of his voluminous medical records (totaling 262 pages) that Dr. Beron relied upon in forming his expert opinion be filed under seal. These records were included as Exhi...

Excerpt: ..., whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause u...

Excerpt: ...embers, 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. Documentation as to the amount paid to class members must be filed on or before July 7, 2023. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: “Before final approval, the court must conduct an inquiry into the fairness of the proposed set...

Excerpt: ...o statutory grounds: Code of Civil Procedure section 473, subdivision (b) and Code of Civil Procedure section 473.5. Code of Civil Procedure section 473, subdivision (b) On application, the court may, on any terms as may be just, relieve a party from a default taken against it due to mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) Setting aside the default is within the sound discretion of the trial co...