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: ... 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: .... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ....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: ...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: ... 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: .... 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: ...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...