Excerpt: ...iles, Sears & Eanni, within 30 days of the clerk's mailing of the minute order. Explanation: Anti‐SLAPP Attorney Fees and Costs “Any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) The fee award is directed to the party, not the attorney. (Moore v. Kaufman (2010) 189 Cal.App.4th 604, 614.) Although attorney fees may be mandatory, “a partiall...

Excerpt: ...punitive damages, and a prayer for such damages. All new allegations are to be set in boldface type. Any amended pleading shall be filed on or before January 12, 2021. Explanation: I. Punitive Damages The moving parties, defendants Ramon R. Romero and Ana Maria Romero,2 are alleged to be individuals who are also owners of the physical premises at issue, as well as members and managers of the limited liability company defendant. It is their relati...

Excerpt: ...f calendar as moot, as permission to file a second amended complaint is granted. Oral argument for this matter is set on December 17, 2020, at 3:30 p.m., in Department 503. Plaintiff is ordered to appear through CourtCall. Explanation: Welfare and Institutions Code section 6600.08, subdivision (a) states, in pertinent part: “Coalinga State Hospital shall be used whenever a person is committed to a secure facility for mental health treatment pur...

Excerpt: ... to show that plaintiff made statements in her deposition which contradicted the statements made in her declaration opposing this motion. This chiefly consisted of plaintiff's deposition responses to legal contention questions (e.g., “Were you ever subjected to any form of discrimination [or harassment, or retaliation] because of your gender?”). The court initially notes that new evidence is generally not considered on reply, especially where...

Excerpt: ...urth cause of action for sexual harassment, which is based on a theory that Saint Agnes is vicariously liable for the alleged sexual battery committed by its employee, Victor Mendoza, during the course and scope of his employment. Under the holding of the California Supreme Court in Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, a hospital cannot be held liable for the intentional torts of its employee unless there is a ca...

Excerpt: ...f Civ. Proc., §§ 435, 436.) Plaintiff is granted 10 days' leave to file the second amended complaint. The time in which the complaint can be amended will run from the date of service by the clerk of the minute order. New allegations in the second amended complaint are to be set in boldface type. Explanation: Demurrer The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (19...

Excerpt: ...nation: Motion to Quash Service of Summons A summons is issued by the clerk upon request by the plaintiff. (Code of Civ. Proc., § 412.10; Maginn v. City of Glendale (1999) 72 Cal.App.4th 1102, 1107.) Proper service of summons is required to establish personal jurisdiction over a party. (In re Jennifer O. (2010) 184 Cal.App.4th 539, 547.) The plaintiff bears the burden to prove effective service where the defendant properly moves to quash service...

Excerpt: ...answer to the second amended complaint within ten (10) days of the date of service of this order. Explanation: Demurrer: Defendant demurs generally and specially to the twenty‐eighth cause of action in the second amended complaint, contending that there are no facts alleged to show that defendant engaged in any unlawful, fraudulent, or unfair conduct, and that the entire cause of action is uncertain because it fails to allege which statutes or ...

Excerpt: ...may order a separate trial of any cause of action . . . .” (Code Civ. Proc., § 1048, subd. (b).) Also, Code of Civil Procedure section 598 provides: 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 conference in cases in which such pretrial c...

Excerpt: ...ntiffs are granted 20 days' leave to file a second amended complaint. The time in which the complaint may be amended will run from service of the minute order by the clerk. All new allegations shall be in boldface type. Explanation: Demurrer “[T]he rule governing pleading in this state is that a plaintiff need only ‘set forth the ultimate facts constituting the cause of action, not the evidence by which [the] plaintiff proposes to prove those...

Excerpt: ...ke or tax costs. (See Cal. Rules of Court, rule 3.1700(b).) If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Item 4 ...

Excerpt: ...s, ascertainable class, (2) of a well‐defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. In turn, the community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who ...

Excerpt: ...tent with the ruling on this motion. Explanation: Judgment creditor (formerly plaintiff) Maricela Vazquez seeks to add three new names as judgment debtors on the judgment entered against Aimhigh Group, LLC (“Aimhigh”) on October 31, 2019: Manjit Singh, Sukhninder Singh, and R&S Diversified, Inc. (“R&S”). Although the opposition was very late‐filed, the court will consider it. The moving party objected to the lateness, but she nonetheles...

Excerpt: ...g arbitration. However, the court severs the confidentiality provision found in paragraph 6 of the Dispute Resolution Agreement, with the remaining provisions continuing in full force and effect. To overrule all of defendant's evidentiary objections. Explanation: When a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine: (1) whether t...

Excerpt: ...otherwise, the specific issue of the duty in question, as required by California Rules of Court, rule 3.1350(b) (“If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, . . . issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts.”). Therefore, the court only addresses defendant's motion for sum...

Excerpt: ...lanation: Motion to Quash Service of Summons A summons is issued by the clerk upon request by the plaintiff. (Code of Civ. Proc., § 412.10; Maginn v. City of Glendale (1999) 72 Cal.App.4th 1102, 1107.) Proper service of summons is required to establish personal jurisdiction over a party. (In re Jennifer O. (2010) 184 Cal.App.4th 539, 547.) The plaintiff bears the burden to prove effective service where the defendant properly moves to quash servi...

Excerpt: ...Villalpando, in the amount of $735. (Code Civ. Proc. § 2025.480, subd. (j).) Explanation: If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of the deposition record. (Code Civ. Proc., § 2025.480, subd. (b); see Unzipped Apparel, LLC v. Bader (2007) 156 CA4th 123, 127.) A nonparty opposing such motion without substantial j...

Excerpt: ...dwin, case number 18CECG01751, shall be the lead case. To deny defendant's motion for compulsory joinder of the minors. (Code Civ. Proc., § 389.) Explanation: Motion to Consolidate Cases Under Code of Civil Procedure section 1048, subdivision (a), "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 the acti...

Excerpt: ...ng that any negotiated resolution is fair to those affected.” (Williams v. Superior Court (2017) 3 Cal.5th 531, 549; Lab. Code § 2699, subd. (l)(2) [“The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.”].) The court in O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F....

Excerpt: ... 437c.) To deny defendants' motion for summary judgment, and the alternative motion for summary adjudication. (Ibid.) Explanation: Plaintiff's Motion for Summary Judgment/Adjudication Initially, to the extent plaintiff has moved for summary judgment or adjudication of its sole cause of action for judicial foreclosure, the motion is problematic because, as plaintiff admits, the Modoc parcel that constitutes the security for the loan has already be...

Excerpt: ...As that is the only cause of action asserted against Eduardo, plaintiff is entitled to judgment against Eduardo in the sum of $8,697,330.08, plus 10 percent interest (UMF No. 10), accruing at the rate of $2,382.83 per day. (Code Civ. Proc., § 437c.) Plaintiff shall submit a proposed judgment consistent with the court's summary adjudication order within five (5) days of service of the order by the clerk. Explanation: I. Relevant Facts Plaintiff i...

Excerpt: ...ntiff Nevarez. 2. Defendant Is the Prevailing Party Case law makes clear that dismissal under the five‐year statute does not affect prevailing party status under the catalyst theory. (Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553; Maria P. v. Riles (1987) 43 Cal.3d 1281.) However, the catalyst theory does require a showing that the party advancing it made reasonable attempts to settle the litigation before filing suit. (Tipton–Whittin...

Excerpt: ...California requires admissible proof sufficient to meet the substantial evidence test. (Richmond v. Dart Industries, Inc. (1981) 29 Cal.3d 462, 470; Lockhead Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1106.) Class certification requires proof (1) of a sufficiently numerous, ascertainable class, (2) of a well‐defined community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e.,...

Excerpt: ...law.'” (Lopez v. Superior Court (1996) 45 Cal.App.4th 705, 713, quoting § 437c, subd. (c).) To prevail on a motion for summary judgment, it is the defendant's burden to prove there is a complete defense or that the plaintiff cannot establish one or more elements of each of his causes of action. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562.) To show that the plaintiff cannot establish his claims, the defendant may either (1) a...

Excerpt: ...espect to, in, over or upon property, . . . may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross‐complaint in the superior court for a declaration of his or her rights and duties in the premises. . . . He or she may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of these rights or duties...