Excerpt: ... to the declaration of Robert Offerman, paragraphs 1, 2, 8, 9, and 15. All other objections are overruled pursuant to Code of Civil Procedure, section 437c, subdivision (q). To deny moving defendants' motion for summary judgment. (Code Civ. Proc., § 437c, subd. (c).) To grant moving defendants' motion for summary adjudication as it relates to the second and third causes of action. (Code Civ. Proc., § 437c, subd. (f).) The motion is denied as it...

Excerpt: ...(20) days from service by the clerk of the minute order. Explanation: A general demurrer, “admits the truth of all material factual allegations in the complaint” and the plaintiff's “ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court ….” (Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 496; Stella v. Asset Management Consultants, Inc. (2017) 8 Cal.App.5th 181, ...

Excerpt: ...r's expert trial witnesses to the following extent: [¶] (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (Code Civ. Proc., § 2034.210, subd. (a).) “The exchange of expert witness information shall incl...

Excerpt: ... specified below. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and Great American Investments in the sum of $333.00. (Code Civ. Proc., § 2023.010, subd. (f), (h).) Defendants shall pay the sanctions to plaintiff's counsel within 30 days of the clerk's service of the minute order. Explana...

Excerpt: ...s Castro's (“Cross‐Complainant”) cross‐complaint, for failure to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Cross‐Complainant is granted 20 days' leave to file a First Amended Cross‐Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type. Explanation: Meet and Confer: The on...

Excerpt: ...umbers 35 and 38. For a partially successful motion, monetary sanctions in the amount of $1,200 (at a rate of $400 per hour) will be imposed against defendant Fresno Pacific University (FPU) and in favor of plaintiffs. (Code Civ. Proc. § 2030.300, subd. (d).) Sanctions must be paid no later than 30 after service of this Order. Explanation: Background Plaintiffs were members of the swim team at FPU. At a swim team practice on January 9, 2018, pla...

Excerpt: ...ims and cross‐claims alleged against them in this consolidated action. (Code Civ. Proc. § 437c.) Explanation: Defendants have met their burden of presenting evidence showing that they were not negligent and did not cause or contribute to the injuries suffered during the subject accident. Hub Group has presented evidence that it was not the owner of the trailer towed by Jorge Torres at the time of the accident, and it had no involvement in the ...

Excerpt: ...t leave to amend. (Code Civ. Proc., § 430.10, subd. (e). Explanation: The court notes that the complaint does not indicate which causes of action alleged are pertaining to each respective defendant. Thus, the court will only rule on this demurrer as to State Farm as to all causes of action. Plaintiff's Standing to Sue: Defendant State Farm demurs to each cause of action, contending that plaintiff has not alleged sufficient facts to state a valid...

Excerpt: ...nder Code of Civil Procedure section 397, subdivision (a) and Government Code section 12965, subdivision (b)(3). Under Code of Civil Procedure section 397, “The court may, on motion, change the place of trial in the following cases: [¶] (a) When the court designated in the complaint is not the proper court.” (Code Civ. Proc., § 397, subd. (a).) There is no express time limit for moving for a change of venue under section 397, and courts sho...

Excerpt: ... Inc. (“Toyota”) shall serve verified supplemental responses without objections within 20 days of the date of service of this order. Explanation: On April 29, 2021, plaintiffs propounded its Request for Production of Documents, Set One (“RFPD, Set One”), containing 53 requests, to Toyota. On June 1, 2021, Toyota served its responses, including objections, to each of the 53 requests. On August 31, 2021, plaintiffs requested a Pre‐trial D...

Excerpt: ... settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall 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...

Excerpt: ... it deems proper … [¶] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., § 436, subd. (b).) Although the court may strike pleadings “not filed in conformity with its prior rulings” (Ricard v. Grobstein, Goldman, Stevenson, Siegel, LeVine & Mangel (1992) 6 Cal.App.4th 157, 162), motions for such relief are “addressed to...

Excerpt: ... Documents, set one, nos. 1‐7 and 10‐12. The motion is denied as to demand nos. 8 and 9. Defendants shall each serve further verified responses without objections and produce all responsive documents to demand nos. 1‐ 7 and 10‐12 within 30 days of service of the order by the clerk. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, ...

Excerpt: ...nt of $1,425, payable by plaintiffs and by defendants John G. Hein and Specialty Fresh, jointly and severally, on or before February 15, 2022. Explanation: Subject Complaint The subject complaint was filed by plaintiffs Raul Santellan and RNS Farms, a California limited liability company, against defendant John G. Hein and his company Specialty Fresh, a California limited liability company; defendant Mike Watts, and his company Grow Pure Citrus, ...

Excerpt: ...and for Inspection of Documents, Set One, is rendered moot by plaintiff's response to the discovery request, served on November 16, 2021. To grant defendant's motion to compel further responses to defendant's Demand for Inspection of Documents, Set Two as to Request Nos. 12‐14 and 16‐24. Plaintiff shall serve further responses in full compliance with Code of Civil Procedure, sections 2031.210 – 2031.230, without objections, and produce all ...

Excerpt: ... days after the ten‐day deadline for filing an amended complaint set by the court's order after it granted the last motion to strike. Under Code of Civil Procedure section 436, subdivision (b), “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: … (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul...

Excerpt: ....210), or by a mental examination, the party shall obtain leave of court.” (Code Civ. Proc. § 2032.310, subd. (a).) “An order granting a physical or mental examination shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedures, conditions, scope, and nature of the examination.” (Code Civ. Proc. § 2032.320, subd. (d).) “In contrast to more pedestrian discovery ...

Excerpt: ...e date of service of this order. To grant the request for monetary sanctions in the amount of $3,600, payable to plaintiffs' counsel within thirty (30) days from the date of this order. Explanation: Further Production of Documents Discovery requests are generally afforded liberal construction. (See Code of Civ. Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) A motion seeking further responses in a request for further pr...

Excerpt: ...3, 2020, plaintiffs filed suit against defendants for breaching a contract to install insulation foam. Plaintiffs bring five causes of action: (1) breach of contract; (2) negligence; (3) violation of Business and Professions Code section 7031; (4) fraudulent misrepresentation (intentional and negligent); and (5) violation of Business and Professions Code section 7160. On September 4, 2020, defendants/cross‐complainants brought a cross‐complai...

Excerpt: ...emedies Act claim. (Civil Code § 1781, subd. (c).) Explanation: Motion for Summary Judgment/Adjudication: Defendant argues that plaintiffs' claims are all barred by the statute of limitations, as plaintiffs purchased the subject car in February of 2010, but they did not file suit until June 5, 2019. Defendant points out that plaintiffs' claims are all subject to statutes of limitations of between two and four years, yet plaintiffs did not file t...

Excerpt: ...25.16, subd. (c)(1).) Even where the plaintiff dismisses the moving defendant prior to the hearing, courts have uniformly held that the trial court retains jurisdiction to award attorney fees against plaintiff. (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869.) This is justified by reasoning that if a plaintiff is able to avoid fees by dismissing the moving defendant prior to the hearing, this would deprive the defendant of the ...

Excerpt: ...l arbitration, defendants must prove 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. ...

Excerpt: ...he class; and (2) additional evidence is needed to support a finding that certification will provide substantial benefits to litigants and the courts. The class representative must be able to represent the class adequately. (Caro v. Procter & Gamble (1993) 18 Cal.App.4th 644, 669.) “[I]t has never been the law in California that the class representative must have identical interests with the class members.” (Classen v. Weller (1983) 145 Cal.A...

Excerpt: ...es to the requests for production of documents, and to compel third party Cal Pure Produce, Inc. to produce documents in compliance with the business records subpoena. Defendants and Cal Pure shall serve further responses and produce documents within 30 days of the date of service of this order. Also, to the extent that defendants or Cal Pure withhold any documents under a claim of privilege, they shall provide a privilege log. (Code Civ. Proc., ...

Excerpt: ...he litigation would be promoted thereby ….” (Code Civ. Proc., § 598.) In addition, “the decision to bifurcate is discretionary with the trial court.” (Regents of University of California v. Sheily (2004) 122 Cal.App.4th 824, 833; Royal Surplus Lines Ins. Co., Inc. v. Ranger Ins. Co. (2002) 100 Cal.App.4th 193, 205 [“It is within the discretion of the court to bifurcate issues or order separate trials of actions ... and to determine the...