Excerpt: ...hese requests or provide a declaration by the Person Most Knowledgeable that such records do not exist within 10 days of the clerk's service of this minute order. The motion is denied as it relates to Request Nos. 46 and 47. To grant sanctions in the amount of $3,660. Defendant JT2, Inc. shall pay the sum of $3,660 to counsel for plaintiff within 30 days of the clerk's service of this minute order. Explanation: “If, after service of a depositio...

Excerpt: ...d, such argument will be conducted on August 26, 2021, at 3:30 p.m. in Department 501. Explanation: “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profession under similar circumstances. [Citations.] ‘ “The standard of care against which the acts of a physician are...

Excerpt: ...f covenant of quiet enjoyment, (4) negligence, (5) violation of Civil Code sections 1942.4, 1942.5, (6) unfair business practices. Plaintiffs move for summary judgment, or alternatively summary adjudication of each cause of action. Where plaintiffs seek summary judgment, the burden is to produce admissible evidence on each element of a “cause of action” entitling them to judgment. (Code Civ. Proc., § 437c, subd. (p)(1); see Hunter v. Pacific...

Excerpt: ...2034.300.) To deny plaintiffs' motion for leave to serve a tardy expert witness designation. (Code Civ. Proc. §§ 2034.710, 2034.720.) Explanation: Under Code of Civil Procedure section 2034.300, “[O]n objection of any party who has made a complete and timely compliance with Section 2034.260, the trial court shall exclude from evidence the expert opinion of any witness that is offered by any party who has unreasonably failed to do any of the f...

Excerpt: ... described below, must be filed on or before Tuesday, August 24, 2021. The court will entertain a request for continuance to a later date, if plaintiff needs more time. Explanation: Technical Issues: First, insufficient notice of this motion was given: 22 days instead of the required 28 days. (Code Civ. Proc., § 1005, subd. (b); Cal. Rules of Court, Rule 3.764(c)(1).) Since no opposition was filed, this defect was not waived. On this basis alone...

Excerpt: ...on of any contract.” (Code Civ. Proc., § 1281.) Pursuant to Code of Civil Procedure section 1281.2: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy e...

Excerpt: ...e 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. (2006) 144 Cal.App.4th 754, 758; Vi...

Excerpt: ...thin ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: Plaintiffs have failed to allege any facts showing that defendants Argentino, Marshall, or RMK Engineering acted with fraud, malice, or oppression as required under Civil Code section 3294. Civil Code section 3294 states that, “In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincin...

Excerpt: ...de Civ. Proc., § 2031.310.) The motion can be utilized to attack a response containing: an objection; an agreement to comply that is incomplete; or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) The motion must be served within 45 days after service of a verified response (extended if served by mail, overnight delivery, fax or electronically). (See Code Civ. Proc., §§ 1010.6, subd. ...

Excerpt: ...ntative Ruling: To grant. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the ev...

Excerpt: ...) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant Defendant Aaron J. Carter, M.D.'s Motion for Summary Judgment. (Code Civ. Proc. § 437c(c).) Moving party is directed to submit to this court, within 5 days of service of the minute order, a proposed judgment consistent with the court's summary judgment order. To grant D...

Excerpt: ...made by defendant FCA US LLC & Finegan Dealer Group North to the Knight Law Group, the Wirtz Law Group and the O'Connor Law Group within 30 days of the clerk's service of this minute order. Explanation: Pursuant to Civil Code section 1794, plaintiff seeks attorney's fees in the amount of $ 274,332.00, plus a multiplier of 1.5, for an additional $137,166.00. Plaintiff also seeks costs of $ 43,708.51. In total, plaintiff seeks $455,206.51 in attorn...

Excerpt: ...gon‐Washington Plywood Corp. (1976) 17 Cal.3d 520, 526.) Accordingly, the affidavits of the moving party are strictly construed, while those of the opposing party are liberally construed. (Huynh v. Ingersoll‐Rand (1993) 16 Cal.App.4th 825, 830.) “[A]ny doubts as to whether summary judgment is proper should be resolved against the moving party.” (Buehler, supra, 17 Cal.3d at p. 526.) A defendant moving for summary judgment bears the initia...

Excerpt: ...t is used to challenge pleadings that do not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 438, subd. (c).) A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed. (Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057.) Cross ‐defendants1 Lucky Lee Gold (“Lucky”) ...

Excerpt: ...the entire action until an arbitration is had in accordance with the order to arbitrate. (Code Civ. Proc., § 1281.4.) Explanation: Moving Party Burden: The moving party must prove by a preponderance of evidence the existence of the arbitration agreement and that the dispute is covered by the agreement. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396‐397, 399‐400; Graphic Arts Int'l Union v. Oakland Nat'l Engraving Co. (1986) 185 Cal.Ap...

Excerpt: ...ions to compel defendant Enrique Arriola‐Hernandez to respond to the special interrogatories, form interrogatories, and request for production of documents served on him on December 3, 2020. (Code Civ. Proc. §§ 2030.290; 2031.300.) Defendant shall serve his responses without any objections within 10 days of the date of service of this order. To grant plaintiffs' motion to deem defendant to have admitted the truth of the matters in the request...

Excerpt: ...l., Superior Court Case No. 20CECG01317 for purposes of discovery and trial only. A copy of this order shall be filed in each case. Huynh, et al. v. Coleman, Superior Court Case No. 18CECG03177 is designated as the lead case. Explanation: Consolidation “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all th...

Excerpt: ...e pursuant to Evidence Code section 452, subdivision (h). To grant the petition. The Complaint must be filed within 30 days of notice of the ruling plus 5 days for service via mail. [Gov.C. Sec. 946.6(f) and CCP Sec. 1013.] Explanation: Background On or about December 11, 2019, petitioner was driving his car in the vicinity of E. Belmont Avenue and N. Millbrook in Fresno, CA. He was “rear‐ended” by a car allegedly driven by Xiong Vang. Vang...

Excerpt: ... order that a record be filed under seal if it expressly finds facts that establish: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) the proposed sealing is narrowly tailored; and (5) no less restrictive means exist to achieve...

Excerpt: ...n”), the owner of the subject vehicle driven by Zachary but did not name Zachary as a defendant at the outset. Zachary contends that he was not named as a defendant until a year after the statute of limitations had run against him, and he disputes that plaintiff and his counsel were genuinely ignorant of Zachary's identity at the time the complaint was filed. In an effort to establish that plaintiff and his counsel were not genuinely ignorant o...

Excerpt: ...practicable to bring them all before the court, one or more may sue or defend for the benefit of all.” (Code Civ. Proc., § 382.) “The party seeking certification as a class representative must establish the existence of an ascertainable class and a well‐defined community of interest among the class members. The community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representativ...

Excerpt: ...y. Explanation: A defendant moving for summary judgment bears the initial burden of making a prima facie showing of the nonexistence of any triable issue of material fact; if the defendant meets this burden, the burden shifts to the plaintiff to demonstrate the existence of a triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) There is a triable issue of material fact where the evidence would allow a re...

Excerpt: ...amount of $4,991.07, and Hardeep Singh (“Hardeep”) awarded costs in the amount of $3,764.25. Explanation: These motions relate to separate complaints filed by Surinder and Hardeep concerning the same commercial real estate transaction (sale of a gas station and minimart). Surinder was the seller, and Hardeep was the buyer. The sale process was long and complicated, and there were several addendums to the contract, some of which referenced rel...

Excerpt: ...fendant Osborn and her attorney. (Ibid.) Defendant Osborn shall serve further responses within 10 days of the date of service of this order. Explanation: Plaintiff seeks to compel defendant Osborn to provide a further response to requests 13 and 14, which seek any and all documents, including but not limited to notes, Facebook messages, text messages, memos, emails, letters, or journals sent by Osborn to Castillo, or received by Osborn from Casti...

Excerpt: ...nctions Tentative Ruling: To grant defendant Western Dental's motions respecting the interrogatories. To grant defendant Western Dental's motion to compel further responses to request for production of documents set one, except as to response no. 1. To impose monetary sanctions in the amount of $1,507. (Code Civ. Proc., §§ 2030.300, subd. (d), 2031.310, subd. (h).) Sanctions must be paid by plaintiff, Guled Fadumo Abdillah, to the Law Office of...