Excerpt: ...djudication as to one or more causes of action within an action . . . if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action . . . . A motion for summary adjudication shall be granted only if it completely disposes of a cause of action.” Subdivision (p)(1) addresses summary adjudication when sought by the plaintiff: “A plaintiff . . . has met his or her burden of showing that t...

Excerpt: ...e preservation of the status quo until a final determination of the merits of the action.” (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528.) In considering whether to issue a preliminary injunction, the court should consider (1) the likelihood that the moving party will prevail on the merits at trial, and (2) the interim harm that the moving party is likely to sustain if the injunction were denied as compared to the harm that the oppo...

Excerpt: ...s that he has no minimum contacts with the State of California and there is therefore no basis for exercising jurisdiction over him. He alleges that he is a resident of Ohio, he has never lived or worked in California, and he does not do business in the state. He has no real estate or other property in California. He has never filed a lawsuit in California, or consented to its jurisdiction over him. (See Theken Decl., ¶¶ 2‐8.) He did not empl...

Excerpt: ... any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640: … When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation thereon.” (Code Civ. Proc., § 639, subd. (a)(5).) �...

Excerpt: ...nary settlement approval must be remedied before the instant motion can be granted. Class Certification With regard to class certification, the following issues exist: (1) additional evidence is needed to support a finding that plaintiff possesses claims or defenses typical of the class; and (2) additional evidence is needed to support a finding that certification will provide substantial benefits to litigants and the courts. 1. Additional eviden...

Excerpt: ...served by May 20, 2021. Defendants shall file and serve any supplemental opposition by June 10, 2021. Explanation: Under Civil Code section 1717, subdivision (a), “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on ...

Excerpt: ...medy to dismiss nonmeritorious litigation meant to chill the valid exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a); see Martinez v. Metabolife Intern., Inc. (2003) 113 Cal.App.4th 181, 186.) The court engages in a two‐step process in determining whether an action is subject to the anti‐SLAPP statute: first, the court decides whether defendant has made a threshold showing that t...

Excerpt: ...y brief on this motion. If a hearing on this motion is necessary, the court will award an additional $350 in attorney fees. Costs on appeal are fixed in the total amount of $1,165.65, in accordance with the unopposed Memorandum of Costs on Appeal in the amount of $1,100.40 plus the filing fee of $65.25 associated with this motion. Explanation: An award of costs on appeal, as the appellate court awarded here, does not include an award of appellate...

Excerpt: ... of the date of this order, defendant shall provide the identifying information of those persons who were facility residents and their responsible persons during the time period of May 26, 2017, to April 27, 2021. This information shall be provided to third party administrator CPT Group, which shall mail out a notice letter to the residents and their responsible persons, giving them the opportunity to opt into disclosure of their information to p...

Excerpt: ...intiff in the amount of $555 to be paid to defendant's counsel within 30 days of service of the order. This is in addition to the monetary sanctions in the amount of $1,005 previously ordered that are still outstanding. Explanation: Code of Civil Procedure section 2023.030 authorizes the Court to impose sanctions against any party engaging in conduct that is a misuse of the discovery process, including a terminating sanction dismissing the action...

Excerpt: ...bmitted 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 under PAGA. 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 settleme...

Excerpt: ...endants' demurrer to the entire complaint, without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Defendants shall submit a judgment of dismissal within five days of the clerk's service of this minute order. Explanation: General Standard of Ruling In determining a demurrer, the court assumes the truth of the facts alleged in the complaint and the reasonable inferences that may be drawn from those facts. (Miklosy v. Regents of University...

Excerpt: ..., Rory Coetzee, Andrew Westover, Kayleigh Walsh, Raechelle Velarde, and the Law Firm of J. Hector Moreno, Jr. & Associates (“defendants”) to declare plaintiff Madhu Sameer (“plaintiff”) to be a vexatious litigant. (Code Civ. Proc., § 391.) To order plaintiff to post security of $250,000, within 30 days of the date of service of this order, in order to continue litigating the present action. (Code Civ. Proc., § 391.1.) This action is sta...

Excerpt: ...st for Admissions. Within 5 court days of the continued hearing date, moving party's counsel are directed to file a declaration informing the court whether or not plaintiff has served responses to the discovery. If plaintiff still fails to serve responses, the court will consider granting terminating sanctions. Explanation: On November 6, 2019 defendant served on plaintiff Special Interrogatories, Form Interrogatories, Demand for Production of Do...

Excerpt: ...numerous, and it is impracticable to bring them all before the court.' ‘[W]e have articulated clear requirements for the certification of a class' under this statute. ‘The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a welldefined community of interest, and substantial benefits from certification that render proceeding as a class superior to the alternatives.'” (Noel v....

Excerpt: ...ndemnity fail to state causes of action. On that ground, the court sets its own motion for judgment on the pleadings as to the third and fourth causes of action. (Code Civ. Proc., § 438, subd. (b)(2); Camacho v. Automobile Club of Southern California (2006) 142 Cal.App.4th 1394, 1396.) Hearing on the court's motion is set for Tuesday, May 25, 2021, at 3:30 p.m. in Department 501. Plaintiff's opposing brief, not to exceed ten pages, must be filed...

Excerpt: ...d Ambrocio Hernandez Demurrer to defendant Department of State Hospitals' Answer, by Plaintiff Tentative Ruling: To take all hearings off calendar for failure to comply with Code of Civil Procedure sections 430.41 & 435.5. The parties are ordered to meet and confer as set forth in the statutes and, if needed, schedule new hearing dates for the demurrers and motion to strike. Explanation: Before filing a demurrer, the demurring party “shall meet...

Excerpt: ... Ashley v. Slatic, et al., Superior Court Case No. 19CECG04593 for purposes of discovery and trial only. A copy of this order shall be filed in each case. Slatic v. Ashley, Superior Court Case No. 19CECG04036 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 m...

Excerpt: ...roceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (Code Civ. Proc., § 387, subd. (d)(2).) Specifically, a court may, in its discretion, grant permissive intervention “if (1) the party has a direct and immediate interest in the action; (2) the intervention will not enlarge the issues in the litigation; and (3) the reasons for the intervention outweigh...

Excerpt: ... contest, as well as fees on appeal. Section 1021.5 provides that a court may award fees to a “successful party” if the underlying litigation has enforced an important right affecting the public interest, has conferred a significant benefit on the general public or a large class of persons, and has imposed a financial burden on the fee claimants out of proportion to their individual stake in the matter. (Baggett v. Gates (1982) 32 Cal.3d 128,...

Excerpt: ...irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 98; see Federal Arbitration Act (FAA)(9 U.S.C. § 1 et seq.).) Title 9 United States Code section 2 states that, “A written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter a...

Excerpt: ...boldface. Explanation: Under Civil Code section 3294, in order to obtain punitive damages, plaintiff must allege ultimate facts showing that defendant acted with malice, fraud, or oppression. (Civil Code § 3294; Cyrus v. Haveson (1976) 65 Cal.App.3d 306, 316–317.) “Malice is defined as ‘conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and c...

Excerpt: ...um depression following the birth of her second child on August 8, 2018. The evidence presented shows that Vu was diagnosed with post‐partum depression on September 20, 2018. Decl. Dr. Dickinson, ¶6. Vu was disabled and unable to perform normal daily activities. Decl. Dr. Dickinson, ¶6. The disability continued until December 3, 2018. Decl. Dr. Dickinson, ¶8. Vu fails to explain what action she took regarding the court action before her defa...

Excerpt: ..., if necessary. (Code Civ. Proc. § 598, 1048, subd. (b).) Also, the punitive damage claim will be tried after the jury trial of the legal claims. (Civil Code § 3295, subd. (d).) Explanation: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial ...

Excerpt: ...orth any issues for adjudication in either motion. No summary adjudication can be granted unless there was specific notice of the exact issue(s) presented in the notice of motion. (Cal. Rules of Court, rule 3.1350(b); Maryland Casualty Co. v. Reeder (1990) 221 Cal. App. 3d 961, 974, fn. 4 ‐ 75 days' notice of such issue is required; McMahon v. Superior Court (2003) 106 Cal. App. 4th 112.) The result is that if summary judgment is not warranted,...