Excerpt: ...subd. (e).) Moving parties shall submit to this court, within seven days of service of the minute order, a proposed judgment dismissing the action as to them. Explanation: Plaintiff alleges that she was discriminated against based on her race in her employment with Omni Family Health Organization. She sues Omni and three Omni employees (Joseph Hayes, Aurora Cooper and Gloria Pacleb) for (1) hostile work environment racial harassment; failure to p...

Excerpt: ...cted to submit a proposed judgment. Explanation: Tax Costs On August 29, 2023, judgment was entered in the consolidated matter in favor of defendant Haight Brown & Bonesteel, LLP ("Defendant") and against plaintiff Hallmark Specialty Insurance Company ("Hallmark") following the granting of a motion for nonsuit. Defendant filed a memorandum of costs for $122,662.55. Hallmark seeks to tax those costs. Specifically, Hallmark objects to certain entri...

Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 16, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the co...

Excerpt: ... injunction. The matter is not being heard on an ex parte basis. A preliminary injunction may be granted any time before judgment upon affidavits that show sufficient grounds, and notice to the opposing parties. (Code Civ. Proc. S 527, subd. (a).) Generally, the complaint must set forth a cause of action for injunctive relief to support the issuance of a preliminary injunction. (See Code Civ. Proc. S 526, subd. (a)(1)-(2).) However, a preliminary...

Excerpt: ...ustin Harris only, including the language "and/or Defendant Harris" contained in paragraph 74. Explanation: Objection The court sustains the hearsay objection to paragraph 10 of the Aretakis Declaration. Ant-SLAPP A SLAPP suit (Strategic Litigation Against Public Participation) is a suit brought "primarily to chill the valid exercise of constitutional rights of freedom of speech and petition for redress of grievances." (Code Civ. Proc., S 425.16,...

Excerpt: ...or about November 5, 2020, Plaintiff, a minor, was a guest at the home of defendants Jason Mengior Pritchard Sr., Jason M Pritchard II, David Garrett and Desiree Garrett. Defendants allegedly gave alcoholic beverages to plaintiff and provided more alcohol after plaintiff was obviously intoxicated. Plaintiff left the location, apparently on foot, and was struck by a car. The parties are all in agreement that plaintiff's negligence claim relies on ...

Excerpt: ...tate facts sufficient to constitute a cause of action, with leave to amend. Plaintiffs shall serve and file their third amended complaint within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: CSU and the Association's Demurrer to Third Cause of Acton: Defendants demur to the third cause of action for intentional interference with contractual relationship on the ground that they are not "stran...

Excerpt: ...ayra Corina Gonzalez is directed to submit a new proposed order. To set a status conference for Thursday, July 11, 2024, 3:30 p.m. in Department 503. Explanation: 1. Class Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the co...

Excerpt: ...in the total amount of $1,875. Monetary sanctions are ordered to be paid within 30 calendar days from the date of service of the minute order by the clerk. Explanation: Objections The court overrules plaintiff's objections to paragraphs 5 and 8-12 of the Brar Declaration. Motion to Compel Attendance On April 25, 2023, plaintiff served a Notice of Deposition for General Motors' ("GM") Person Most Qualified ("PMQ") for May 23, 2023. (Sanjur-Van Bra...

Excerpt: ...(a).) Explanation: Defendant Anglican Diocese of San Joaquin's (hereinafter "Defendant) motions cannot be granted, because its service of the subject discovery: form interrogatories, special interrogatories and document requests and these motion papers is defective. Defendant indicates that it, through its former counsel Rayma Church of Church Law Group, Inc., served the subject discovery requests directly on plaintiff M.S. on September 1, 2022, ...

Excerpt: ...sion (a), "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be j...

Excerpt: ...to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at December 4, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than November 18, 2024. Explanation: "Before final approval, the court mus...

Excerpt: ...he demurrer to the complaint and first amended complaint are rendered moot by plaintiff's filing of the second amended complaint. The court intends to sign the proposed order lodged on July 20, 2023. Explanation: Defendant Farmers Insurance demurs to the sole cause of action stemming from a motor vehicle acc:ident, contending that the complaint, first amended complaint, and second amended complaint fail to state cause of action, there is a nonjoi...

Excerpt: ...ative Ruling: To deny defendant Admiral Insurance Company's ("Admiral") motions for an order deeming requests to admit truth of facts against plaintiff Shaw Creek Homeowners Association admitted, and to compel plaintiff's responses to Form Interrogatories, Set Two, Special Interrogatories, Set Two, and Request for Production of Documents, Set Two, since plaintiff responded to the discovery requests on August 18, 2023. To award monetary sanctions ...

Excerpt: ...the First Amended Complaint, which will run from service by the clerk of the minute order. Explanation: Defendant SMART Sheet Metal Workers' Local Union No. 104 moved for summary judgment of plaintiff Earl Riley's complaint on the basis that there is no triable issue of material fact and defendant is entitled to judgment as a matter of law. The operative complaint was filed on March 16, 2022. Defendant filed its answer generally denying the alleg...

Excerpt: ...portation Authority's Request for Judicial Notice Tentative Ruling: To grant respective requests for judicial notice. To grant motion for summary judgment. Plaintiff 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. Explanation: Each request for judicial notice was unopposed. The matters of which judicial notce was requested to be taken consis...

Excerpt: ...well as attorneys' fees under the franchise agreements. On 2/11/21 the court granted DDR's ex parte application for temporary restraining order and OSC re preliminary injunction. On 3/30/31 the court granted a preliminary injunction prohibitng plaintiff from displaying certain signage in his Deli Delicious restaurants, purchasing or serving bread from unapproved vendors, serving food in unapproved packaging, and required defendant to display requ...

Excerpt: ...iate Athletic Ass'n (1994) 7 Cal.4th 1, 26.) To grant the motion to compel further responses to Form Interrogatories, Set One, as to Request Nos. 1.1, 3.3, 3.6, 4.1, 4.2, and 15.1, and to deny as to Request Nos. 50.1-50.5. (Code Civ. Proc., S 2031.310, 2030.300.) Defendant shall serve verified supplemental responses without objections as specified above within 30 days of the date of service of this order. Explanation: Plaintiff moves to compel de...

Excerpt: ...: Demurrer The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) 77 Cal.App.3d 690, 597.) In a...

Excerpt: ...elease in a related matter to the present action. Plaintiffs seek this relief pursuant to Code of Civil Procedure section 187, which grants a trial court the inherent authority to control litigation procedure. In seeking to invoke the trial court's inherent authority, Plaintiffs submit that a waiver provision in a related matter may be applicable to the present matter. The waiver provision purports to be a settlement agreement between Plaintiffs ...

Excerpt: ...liction of emotional distress, among others, all of which took place at the residence and with knowledge of the other defendants. Defendants Ravinder, Harbans and Parmjit Taggar ("Parents"), and Sahara SRL, Inc. ("Sahara SRL") now move for summary judgment, or in the alternative for summary adjudication. The Complaint asserts the following causes of action: 1. Sexual Battery (Civ. Code, S 1708.5) against Ravinder; 2. Domestic Violence (Civ. Code,...

Excerpt: ...brought by the government. The act authorizes a representative action only for the purpose of seeking statutory penalties for Labor Code violations (Lab.Code, section 2699, subds. (a), (g)), and an action to recover civil penalties 'is fundamentally a law enforcement action designed to protect the public and not to benefit private parties. (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348, 381.) A PAGA representative action i...

Excerpt: ..., consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. (2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action. (3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procu...

Excerpt: ...se the curb on which she tripped was not a dangerous condition, or even if it was, it was an open and obvious condition and thus defendant had no duty to warn plaintiff of it or remedy the condition. However, the question of whether a condition is dangerous, and whether it is open and obvious, is generally an issue of fact for the jury to decide. "Civil Code secton 1714, subdivision (a), provides in relevant part: 'Every one is responsible, not o...

Excerpt: ... defendant SWH Mimi's Café', LLC to respond to the second set of form interrogatories, without objections. Defendant shall serve verified responses without objections within 10 days of the date of service of this order. To grant the motion to deem SWH Mimi's Café, LLC to have admitted the truth of the matters and the genuineness of all documents in the requests for admissions. Defendants are deemed to have waived all objections to the requests ...