Excerpt: ...le 3.1324(b), attaching a copy of the proposed amendment or amended pleading as required by California Rules of Court, rule 3.1324(a), and attaching all the exhibits that were supposed to have been included with counsel's declaration but were inadvertently omitted. (Code Civ. Proc., § 473, subd. (a)(1).) Moving party shall file and serve the first amended cross‐complaint within ten (10) days of the clerk's service of the minute order. All new ...

Excerpt: ...to be set in boldface type. Explanation: In the case at bar, eight causes of action are alleged: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) breach of the implied warranty of habitability; (5) breach of the covenant of quiet enjoyment; (6) violation of Civil Code section 1942.4; (7) private nuisance; and (8) public nuisance. Defendant Granville Realty, Inc. now demurs to causes of action: one, six, and eight...

Excerpt: ...006, plaintiffs were hired by the defendant Panoche Water District (“District”) as “canal men.” As such, they operated, maintained, produced, stored, transmitted and distributed water for irrigation, both domestic and industrial purposes. Plaintiffs allege that, prior to November 2016, the District violated wage and hour laws by not paying them overtime for work over 8 hours a day and/or work over 40 hours a week. On May 10, 2018, plainti...

Excerpt: ...e disputes are 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; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) Written Agreement to Arbitra...

Excerpt: ...osing party has relied on the list of expert witnesses. [¶] (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits. [¶] (c) The court has determined either of the following: [¶] (1) The moving party would not in the exercise of reasonable diligence have determined to call that expert witness or have decided to offer the different or additional testimony...

Excerpt: ...aintiff of evidence of the profits or financial condition of a defendant is prohibited, unless the court enters an order permitting it. (2 Witkin, Cal. Evid. (5th ed. 2021) Discovery, § 18.) “No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) [i.e., defendant's profits gained by virtue of the wrongful course of conduct of the nature and type shown by t...

Excerpt: ...ing the completion of arbitration. Explanation: In moving to compel 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...

Excerpt: ...ction 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citation.] ‘In ...

Excerpt: ...o amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike, with leave to amend. (Code Civ. Proc., §§ 435 and 431.10, subd. (b).) Should plaintiff desire to amend, the first amended complaint shall be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Should plaintiff elect not to amend, defendant shall file a responsive pleading within thirty (30) days from the date of this o...

Excerpt: ...ith and Raquel Morelos; and (3) Motion to Quash Service of Summons by Defendants Brandi Marie Smith and Raquel Morelos Tentative Ruling: To sustain the general demurrer for failure to state sufficient facts as to the first through seventh and ninth causes of action, with leave to amend. To sustain the special demurrer for uncertainty as to the entire pleading, with leave to amend. To grant the motion to strike as to the entire pleading pursuant t...

Excerpt: ...ections to the request on the grounds that plaintiff's lawsuit is not for personal injury or wrongful death. Renaissance now moves to compel a response pursuant to Code of Civil Procedure section 425.11, subdivision (b). Code of Civil Procedure section 425.11, subdivision (b) states: “When a complaint is filed in an action to recover damages for personal injury or wrongful death, the defendant may at any time request a statement setting forth t...

Excerpt: ...oks, documents, or other things … at the taking of a deposition, the court, upon motion … may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of th...

Excerpt: ... of Order was created to work in conjunction with Local Rule 2.1.17, which states: Filing a request for a Pretrial Discovery Conference tolls the time for filing a motion to compel discovery on the disputed issues for the number of days between the filing of the request and issuance by the Court of a subsequent order pertaining to the discovery dispute. (Fresno Superior Court Local Rules, Rule 2.1.17(A)(5).) Tolling functions merely to “stops t...

Excerpt: ... sets one and three, and request for monetary sanctions against defendant. (Code Civ. Proc. §§ 2030.300; 2031.310.) Explanation: Under Fresno Superior Court Local Rule 2.1.17, before a party may file a motion to compel further responses to discovery requests, they must first file a request for a pretrial discovery conference and obtain express leave of court to bring their motion. (Fresno Sup. Ct. Local Rules, Rule 2.1.17 A.) The moving party's...

Excerpt: ... subd. (c).) Where defendant is the moving party, summary judgment is proper where defendant demonstrates the absence of an essential element of the plaintiff's case. (Dolquist v. City of Bellflower (1987) 196 Cal.App.3d 261, 266.) “Because of the very drastic nature of the summary judgment statute, power given thereby should be used with caution, and hence when there is doubt as to the propriety of the motion, courts should, without hesitancy,...

Excerpt: ... be proper, allow a party to amend any pleading. (Code Civ. Proc. § 473(a)(1).) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) The policy favoring amendment is so strong that it is a rare case in ...

Excerpt: ...is operative. Three causes of action are alleged therein: (1) general negligence; (2) violation of the Consumer Legal Remedies Act (‘CLRA') § 1750 et. seq.; and (3) negligent misrepresentation. Plaintiff alleges in the second cause of action: “[P]rior to the filing of this Third Amended Complaint, [plaintiff] mailed to Defendant, via certified and regular mail, a Consumer Legal Remedies Act notification and demand letter, notifying Defendant...

Excerpt: ...Nelson Blvd., Selma, CA 93662. According to the allegations of the Complaint, defendant was a corporation doing business in California but headquartered in Japan. Defendant acquired the property via Grant Deed on July 25, 1990. Plaintiff's husband (Frank Matsuoka) was an employee of defendant and in charge of its business in the United States. He was also designated as its agent for service of process. Defendant ceased doing business in Californi...

Excerpt: ... upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc. § 473(b).) Relief can be based either on: ‐ An 'attorney affidavit of fault', in which event, relief is mandatory; or ‐ Declarations or other evidence showing 'mistake, inadvertence, surpr...

Excerpt: ....) Code of Civil Procedure, section 387, subdivision (d) provides that “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied … [¶] (B) The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impe...

Excerpt: ... Civil Procedure section 2016.010, et seq. (Compare, e.g., Civil Code § 3295.) Specifically, plaintiffs appear to move to compel a further response to Request for Production of Documents, Set Two, Number 22, which seeks from all defendants, “yearly financial statements for 2015‐2019, including profit and loss statements, that reflect the components of the total overhead expenses incurred by each of YOUR apartment complexes.” (Declaration o...

Excerpt: ...ant monetary sanctions against defendant and its attorney, Larry Shapazian, in the amount of $960. Defendant and its attorney, jointly and severally, are ordered to pay monetary sanctions in the amount of $960 to the Khorshidi Law Firm, within 30 days of service of this order. Explanation: A court “shall” impose monetary sanctions under Code of Civil Procedure section 2030.300, subdivision (d) against any party, person, or attorney who unsucc...

Excerpt: ....) In addition, “[s]ome of the facts relevant to the development of a constitutionally adequate notice plan normally will not be immediately obvious from the class definition itself. Regardless of the size of the class or other relevant circumstances, a demand that the representative plaintiff show how individualized notice could be provided to class members in order to establish an ascertainable class could preempt a more careful, nuanced, and...

Excerpt: ...��[I]n any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.” (Hanson v. Grode (1999) 76 Cal.App.4th 6...

Excerpt: ...dopted) Tentative Ruling. When reviewing a PAGA settlement, courts look for it to provide relief that is “genuine and meaningful, consistent with the underlying purpose of the statute to benefit the public[.]” (O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110, 1133.) Following O'Connor, one court stated that the showing the court should look for is that the settlement terms (1) meet the statutory requirements set forth ...