Excerpt: ..., after notice and hearing, make an order…that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action...

Excerpt: ... violation of FEHA, as well as the claim for failure to prevent discrimination and retaliation, on the ground that plaintiff cannot prove an essential element of his claims, namely that he was competently performing his job at the time of the termination. In addition, the County claims that it had a legitimate, nondiscriminatory reason for terminating plaintiff, and plaintiff cannot show that the stated reason for his termination was merely a pre...

Excerpt: ...ly construe the moving papers and liberally construe the declarations of the party opposing summary judgment. Any doubts as to whether a triable issue of material fact exist are to be resolved in favor of the party opposing summary judgment/adjudication. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562; see also See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 900 [“Summary adjudication is a drastic remedy and...

Excerpt: ...o the “American rule” that each party bears its own attorney fees. (Olson v. Automobile Club of Southern California (2008) 42 Cal.4th 1142, 1147.) The fundamental objective of the private attorney general doctrine is to encourage suits enforcing important public policies by providing substantial attorney fees to successful litigants in such cases. (Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 565 (Graham).) Under section 1021.5, the...

Excerpt: ... The time in which the answer can be filed will run from service by the clerk of the minute order. To grant, in part, and deny, in part, the motion to strike. Explanation: Demurrer Slander Per Se With slander per se under the “accusation of crime” category, courts generally find that the offense must be one involving moral turpitude which is indictable or punishable by death or imprisonment. (Cunningham v. Simpson (1969) 1 Cal.3d 301, 307 [ch...

Excerpt: ...tration of the dispute pursuant to the Federal Arbitration Act (9 U.S.C. section 1, et seq.), or under the California Arbitration Act. (Code Civ. Proc., § 1281.2, et seq.) Under the Federal Arbitration Act, 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, … shal...

Excerpt: ...tion Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “When presented with a petition to compel arbitration, the initial issue before the court is whether an agreement has been formed.” (Diaz v. Sohnen Enterprises (2019) 34 Cal.App.5th 126, 129.) In addition, arbitration is a “ ‘matter of consent, not coercion,' ” and “ ‘a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.' ...

Excerpt: ...ensued, forming the basis of the instant complaint for damages. The complaint alleges six causes of action against defendant FCA US LLC (“FCA US”), and one cause of action against defendant Fresno Chrysler Jeep Inc. dba Clovis Chrysler Dodge Jeep Ram (“Clovis CDJR”) for negligent repair. All of the causes of action against FCA US comprise alleged breaches of Civil Code section 1790 et seq. regarding consumer warranties and fraud by omissi...

Excerpt: ...will be heard on Thursday, June 9, 2022, at 3:30 p.m. in Dept. 501. Explanation: With regard to the first, second, third and fourth causes of action for retaliation, racial discrimination, age discrimination, and national origin discrimination under FEHA, defendant contends that plaintiff has no evidence that he was ever subject to an “adverse employment action”, which is an essential element of his prima facie claims for retaliation and disc...

Excerpt: ...anced remedies under Welfare and Institutions Code section 15657. (Code Civ. Proc., § 437c, subd. (h).) Explanation: In this case, plaintiff Linda Anderson (“plaintiff”) alleges a series of negligent actions by numerous healthcare providers, commencing with her having knee replacement surgery. From there, she suffered through various complications, many of which she alleges were either caused or worsened by the treatment she received from th...

Excerpt: ... Computer, Inc. (2001) 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 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 settlement ...

Excerpt: ...Athenix Body Sculpting Institute (together “Athenix”), on any cause of action. The time in which the Complaint may be amended will run from service by the clerk of the minute order. Explanation: Plaintiffs seek leave to amend to add claims and prayers for punitive damages against all defendants pursuant to Code of Civil Procedure section 425.13. Plaintiffs' motion must be filed within two years after the original complaint was filed, or nine ...

Excerpt: ... does not appear that plaintiff has a viable plan to bring the case to trial before the deadline expires. (Duran v. U.S. Bank Nat. Assoc. (2014) 59 Cal. 4th 1, 32.) Plaintiff is incorrect that the statutory deadline to bring the case to trial is tolled by CCP section 1775.7(b). As defendant points out, that portion of the CCP only applies to the Los Angeles County Superior Court, and other courts that expressly opt into the pilot program for cour...

Excerpt: ...nt Mark Alson, M.D. moves for summary judgment based on the declarations of a medical expert, Fred S. Vernacchia, M.D., who has opined that Dr. Alson's care and treatment of plaintiff did not fall below the standard of care, and that nothing he did or failed to do caused plaintiff any injury. “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledg...

Excerpt: ...ifornia, the procedure for enforcing a forum selection clause is a motion to stay or dismiss for forum non conveniens ... , but a motion based on a forum selection clause is a special type of forum non conveniens motion. The factors that apply generally to a forum non conveniens motion do not control in a case involving a mandatory forum selection clause.' When a case involves a mandatory forum selection clause, it will usually be given effect un...

Excerpt: ...l.App.4th 367.) To deny the motion to set aside the September 20, 2019 power of attorney. (Prob. Code, § 811, subd. (a)‐ (d).) Explanation: Since the Luis G. Cobarruvias (“Luis”) is the defendant in the unlimited civil action, but also the plaintiff in the unlawful detainer action, all parties will be referred to by their names, to avoid confusion. Motion to Consolidate: Under Code of Civil Procedure, section 1048, subdivision (a), "[w]hen...

Excerpt: ...inst defendant Christopher Allen Moore and his attorneys, the Law Offices of Lynn M. Yempuku, jointly and severally, payable within 20 days of the date of this Order, with the time to run from the service of this minute order by the clerk. Defendant Christopher Allen Moore shall serve a verification to the responses already made to plaintiff Victor Moreno's Form Interrogatories, Set One, Special Interrogatories, Set One, and the Request for Produ...

Excerpt: ...very. To grant the request for terminating sanctions in favor of defendant Marco Martinez and against plaintiffs Jose Luis Madrigal and Marisela Mendez‐Hernandez. Defendant is directed to submit to this court, within 7 days of service of the minute order, a proposed judgment dismissing this action. To grant monetary sanctions in the amount of $1,840.00, payable by plaintiffs within 20 calendar days of the date of this order, with the time to ru...

Excerpt: ...l 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 for making the assessment. Published California case law has not done so either. However, the common practice when ruling on PAGA settlements ...

Excerpt: ...st for monetary sanctions, as set forth below. Explanation: Merits Ordinarily, discovery proceedings are required to be completed before the 30th day before trial and a trial continuance does not automatically reopen discovery. (Code Civ. Proc., § 2024.020.) Nevertheless, urgency legislation related to the state of emergency proclaimed by the Governor on March 4, 2020 specified that a continuance or postponement of a trial “extends any deadlin...

Excerpt: ...., § 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To dismiss the action against defendant Falcon Private Security, Inc. (“Falcon Security”) only. Falcon Security shall submit a proposed judgment consistent with this court's order within 10 days of the date of service of this order by the clerk. To award monetary sanctions in the amount of $765 against plaintiffs and their attorney of record, Justin B. Toobi, jointly and se...

Excerpt: ... pending the outcome of the appeal in case no. F080399. Explanation: Defendant John Wash moves for an order declaring him to have satisfied the orders for attorney's fees under Code of Civil Procedure section 724.050. Section 724.050 states, (a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a li...

Excerpt: ... 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 April 13, 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 settlement.” Subsection (h...

Excerpt: ...m CIV‐100, as well as a supplemental points and authorities. Previously, the court noted, among other issues, that no evidence or argument was given to establish the values sought in general damages; and the calculation for attorney's fees, while supported by factors required by local rules, exceed the allowable amount on a default judgment based on an action on contract's Civil Code section 1717 fees provision (Fresno Super. Ct. Local Rules, A...

Excerpt: ...f sought only a claim on a statutory bond. On October 15, 2020, Hudson filed a verified cross‐complaint in the present action seeking, among other things, an interpleader to deposit the sum amount held in surety under applicable statutory bond, and to disclaim any interest in such amount. On October 21, 2020, the court received a deposit of interpleader from Hudson in the amount of $50,000. On November 9, 2021, the court granted the discharge o...