Excerpt: ...s otherwise denied. All requests for sanctions are denied. Explanation: Plaintiff moves to compel responses from defendant Rattaire to the first set of form interrogatories, special interrogatories, production demands, and requests for admission. However, defendant Rattaire served responses to the discovery requests, albeit late. Since the responses were late, any objections are waived. (See Code Civ. Proc., §§ 2030.290, subd. (a); 2031.300, su...

Excerpt: ...ys for service via mail. (Code Civ. Proc., § 1013.) Explanation: As a matter of law, where the cause of action constitutes a tort, a plaintiff may seek punitive damages for “oppression, fraud or malice” by the defendant. (Civ. Code, § 3294, subd. (a)) The statute contains its own definitions: • “Malice” means conduct intended by the defendant to cause injury to the plaintiff or despicable conduct that is carried on by the defendant wi...

Excerpt: ...tigation by eliminating needless trials. (Cone v. Union Oil Co. (1954) 129 Cal.App.2d 558, 562.) Summary judgment is permissible in actions for declaratory relief. (Walker v. Munro (1960) 178 Cal.App.2d 67, 70‐71, overruled on other grounds by Lockyer v. City and County of San Francisco (2004) 33 Cal.4th 1055.) Plaintiffs seek declaratory relief by judicial determination that the commercial general liability policy issued by defendant, for the ...

Excerpt: ...995) 11 Cal.4th 274, 278.) “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; but parties to actions or proceedings are entitled to their costs, as hereinafter provided.” (Code Civ. Proc., § 1021.) Code of Civil Procedure section 1032, subdivision (b), provides: “Except as otherwise express...

Excerpt: ...d. (Code Civ. Proc., §§ 435, 436.) Plaintiffs shall serve and file their first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer to Sixth Cause of Action: AMCO demurs to the sixth cause of action for breach of contract on the ground that it fails to state a cause of action because plaintiffs were not parties to the insurance policy, which was issued by AMCO to ...

Excerpt: ...cation A party may seek summary adjudication of affirmative defenses and duties owed to the plaintiff. (Code Civ. Proc., § 437c, subd. (f)(1).) Summary adjudication must only be granted if it completely disposes of an affirmative defense, or an issue of duty. (Ibid.) The rules applicable to summary judgments apply equally to motions for summary adjudication. (Blue Shield of Cal. Life & Health Ins. Co. v. Sup. Ct. (2011) 192 Cal.App.4th 727, 732....

Excerpt: ...subdivision (c), “summary judgment is properly granted when there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Lowery v. Kindred Healthcare Operating, Inc. (2020) 49 Cal.App.5th 119, 123.) Summary judgment is warranted when the moving party shows by admissible evidence that the “action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c...

Excerpt: ...tion (SLAPP) Overview The anti‐SLAPP statute describes claims within its purview: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a...

Excerpt: ...al fact and the moving party is entitled to judgment as a matter of law.” (Lowery v. Kindred Healthcare Operating, Inc. (2020) 49 Cal.App.5th 119, 123.) Summary judgment is warranted when the moving party shows by admissible evidence that the “action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc., § 437c, subd. (a)(1).) To satisfy this burden, a moving defendant is not required to “conclusively ne...

Excerpt: ...nd Deandre Whitten; (2) failure to prevent sexual harassment against defendant California Health Benefit Exchange (“Covered California”); (3) hostile work environment against all defendants; (4) retaliation for exercise of California Family Rights Act (“CFRA”) rights against all defendants; and (5) retaliation for exercise of Family Medical Leave Act (“FMLA”) rights against all defendants. Following meet and confer, the parties stipul...

Excerpt: ... Deborah Ann Fondrliak, owned the other 50 percent interest in the property after the death of her husband. Deborah passed her 50 percent interest in the property to plaintiff by will upon her death. Therefore, plaintiff only has a 50 percent joint tenancy interest in the property at this time based on her receipt of Deborah's share of the property. Nevertheless, plaintiff contends that defendant has abandoned his rights in the property because h...

Excerpt: ...nation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc., § 473, subd. (a); see also Code Civ. Proc., § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776‐777.) Judicial policy favors resolution of all disputed matters between the parties in the same law...

Excerpt: ...o augment in order to add William Spina, M.D. as plaintiff's retained standard of care expert. Explanation: Defendants' motion to strike pursuant to Code of Civil Procedure section 435 and/or section 436 is not the authorized method to exclude expert witnesses from testifying at trial. Those statutes concern striking matter asserted in a pleading. Expert witness disclosures – whether original, supplemental, augmented, or amended – are not ple...

Excerpt: ...ating other employees' names and contact information to be maintained as “Attorneys' Eyes Only” and not shared with plaintiff; and (2) a Belaire‐West notice, the cost of which to be shared equally by the parties. To decline to award sanctions. Explanation: In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the s...

Excerpt: ...Coast Employment Lawyers, APLC, within 30 days of the clerk's service of the minute order. Explanation: The dismissal of the cross‐complaint at issue means the court does not rule on the motion. However, the court is not divested of its authority to determine attorney's fees, and the moving party has requested that the court make a ruling on the attorney's fees sought. (Law Offices of Andrew L. Ellis V. Yang (2009) 178 Cal.App.4th 869, 876.) In...

Excerpt: ...$264,000.00. To order that the parties lodge a proposed judgment (as revised according to footnote 1, below) by August 31, 2021, which lists the class certified, provides that the Court retains jurisdiction to enforce the settlement, and enters judgment on the settlement (with the settlement attached thereto). Notice of said judgment is to be given to class members by an insert with checks distributed, which refers the class to the Court's Odysse...

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: ...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: ...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: ...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: ...mmary judgment order. 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 eviden...

Excerpt: ...iled will run from service by the clerk of the minute order. To deny the motion to strike the First Amended Complaint. Explanation: Demurrer A demurrer is made under Code of Civil Procedure section 430.10, and is used to test the legal sufficiency of the complaint or other pleading. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The demurrer admits the truth of all facts properly pleaded by the plaintiffs, as well as those that...

Excerpt: ...uld plaintiff desire to file a second amended complaint, that complaint must be filed within 20 days from the date of service of this order and any new allegations must be in bold print. Defendant's request for judicial notice is denied. Explanation: “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Pro...