Excerpt: ...ry Defendants/cross-complainants request the court continue the special motion to strike their cross- complaint so that they may conduct limited discovery. They argue that they have propounded discovery on plaintiff/cross-defendant regarding the issues of whether plaintiff/cross-defendant has made defamatory statements outside of her complaint and where plaintiff/cross-defendant lived and worked since 2015. Code of Civil Procedure section 425.16,...

Excerpt: ...lic entity for allegations that it created a dangerous condition causing injury, a plaintiff must establish " '[II that the property was in a dangerous condition at the time of the injury, [2] that the injury was proximately caused by the dangerous condition, [3] that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and [9] [4] [that the] public entity had actual or constructive notice of the...

Excerpt: ...Plaintiffs Ismael Sanchez and Esperanza Rios Velarde shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC ("Defendant") demurs to the fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by Plaintiffs Ismael Sanchez and Esperanza Rios Velarde (collectively "Plaintiffs"). ...

Excerpt: ...l records filed on May 5, 2023 as part of defendant Angelica Jimenez M.D.'S motion for summary adjudication. Plaintiff has met the requirements of Rule of Court 2.550 with regard to the sealing of documents. Under Rule of Court 2.550, subdivision (c), "Unless confidentiality is required by law, court records are presumed to be open." (Cal. Rules of Court, Rule 2.550, subd. "A record must not be filed under seal without a court order. The court mu...

Excerpt: ... vehicle ensued which form the basis of the instant complaint for damages. Plaintiff brought three causes of achon against defendant Hyundai Motor America ("Defendant"), for breach of express warranties afforded through the Song-Beverly Act; breach of implied warranties afforded through the Songaeverly Act, and violation of secton 1793.2 of the Civil Ctxle.l The agreement is a retail installment sales contract ("RISC") made Plaintiff and a non-pa...

Excerpt: ...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 tme that it is submitted to the court."]) The trial court is to "evaluate a PAGA settlement to determine whether it is fair, reasonable, and adequate in view of PAGA's purposes to remediate present labor law violations, deter future ones, and to maximize enforcement of state l...

Excerpt: ...t interest must timely ask the court to determine if it is entitled to such interest. (North Oakland Medical Clinic v. Rogers (1998) 55 Cal.App.4th 824, 829-830 ("North Oakland").) In North Oakland, the court considered the issue of whether plaintiffs had timely filed their motion for prejudgment interest. (See ld. at p. 829.) The parties and the court agreed that "no statute or rule of court establishes a procedure for requesting an award of pre...

Excerpt: ...et seq. Defendant Britz Farming Corporation now seeks an order compelling plaintiff to private arbitration of his PAGA claim as an individual, and to stay the representative portion of the PAGA claim brought on of all aggrieved employees. A trial court is required to grant a moton to compel arbitration "if it determines that an agreement to arbitrate the controversy exists." Civ. Proc., S 1281.2.) However, there is "no public policy in favor of f...

Excerpt: ...hin the next 120 days. Explanation: Under Code of Civil Procedure section 36, subdivision (a), A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the achon as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in t...

Excerpt: ...equests for Production, Set One. (Code Civ. Proc. S 2031.320, subd. (a).) The documents shall be served no later than 30 days from the date of this order, with time to run from the service of this minute order by the clerk. To deny the request for sanctions pursuant to Code of Civil Procedure section 2031.310, subdivision (h). Explanation: The motion at bench was calendared as a motion to compel initial responses to discovery. However, the moving...

Excerpt: ...names of the arbitrators; and (c) set forth or have attached a copy of the award and the written opinion of the arbitrators, if any. Misaghi has complied with these requirements. Thus, unless pro#rly moves to vacate, correct or dismiss the petition, the court must confirm the arbitration award and enter judgment thereon. (Code Civ. Proc., SS 1286; 1287.4; Eternity Investments, Inc. v. Brown (2W7) 151 Cal.App.4th 739, 744-45.) Deli Delicious agree...

Excerpt: ...11-16.) The court disagrees. The court granted plaintiff an order shortening tme at the ex parte hearing, with the added proviso that "[nlew filings will flow from the new hearing date." However, this did not require plaintiff to refile his motion. Rather, the court's order effectively advanced plaintiff's hearing date from January 18, 2024, to October 17, 2023 (which was then continued again to October 19, 2023). The court's direction regarding ...

Excerpt: ...: Demurrer — General Principles A party may file a general demurrer on claims that "[t]he pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [ "'A demurrer can be utilized where the complaint itself is incomplete . [Citations.]" l.) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or co...

Excerpt: ...]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) representative action under PAGA is not a class action% and is instead a 'type of qui tam action', a standard requiring the trial court to determine inde#ndently whether a PAGA settlement is fair and ...

Excerpt: ... further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,350. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code...

Excerpt: ...trate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. ("Honda") moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail instal...

Excerpt: ...r v. Atlantic Richfield co. (2001) 25 cal.4th 826, 859, fn. 29; Ten Eyck v. Industrial Forklifts co. (1989) 216 Cal.App.3d 540, 545.) Once judgment is entered, it "may correct judicial error only through certain limited procedures such as motions for new trial and motions to vacate the judgment." (APRI Ins. Co. v. Superior Court, supra, 76 Cal.App.4th at p. 181.) Mandatory Relief Pursuant to Code of Civil Procedure section 473, subdivision (b) Th...

Excerpt: ...l interrogatories, as a result of plaintiff's counsel's failure to appear at the scheduled Pretrial Discovery Conference. Plaintiff's counsel filed opposition to defendant's request for a Pretrial Discovery Conference, and was aware of the date the court had initially set for said conference, and was also aware of the contnuance granted, which set the conference for August 4, 2023. Counsel states he failed to appear because even though his office...

Excerpt: ...ic situaton. In March 2020 the decedent, Anthony Choza, Jr., was a pedestrian on Hughes near Brown Avenue in Fresno when he was struck by a vehicle driven by defendant David Zarucchi. The plaintiffs allege the lack of lighting at the location created a dangerous condition to public property and was a substantial factor causing the decedent's death. The plaintiffs are the decedent's wife, individually and on behalf of the decedent's estate, and hi...

Excerpt: ... Procedure section 439 and 435.5; specifically, to meet and confer with plaintiff regarding the issues raised by the motion for judgment on the pleadings and motion to strike. If the parties cannot agree on the purported deficiencies in the complaint, defendant may calendar another hearing date for the motions and must comply with Code of Civil Procedure secton 439 and 435.5 in doing so. If the parties need more time to meet and confer, they may ...

Excerpt: ...ll dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at October 1, 2024, at 3:30 p.m. in Department 503 as a hearing date for an Amended Judgment pursuant to Code of Civil Procedure secton 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later than September 11, 2024. Explanation: "Before final approval, the court must conduct an inquiry into t...

Excerpt: ...o compel further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,755. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Un...

Excerpt: ... evidence in the light most fawrable to plaintiffs'" and "'liberally construe plaintiffs' evidentiary submissions and strictly scrutinize defendant['s] own evidence, in order to resolve any evidentiary doubts or ambiguities in plaintiffs' favor.'" (McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88, 96-97, citations omitted.) The court does not weigh evidence or inferences (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th...

Excerpt: ...ffs") filed the instant action for seven causes of action: (1) battery; (2) negligence; (3) intentional infliction of emotional distress; (4) fraudulent concealment; (5) private nuisance; (6) public nuisance; and (7) breach of contract. The Complaint is brought against defendants Dogwood East Village, K&K Property Management, Vacasa LLC, Paul Casares and the Williams Family Trust. Plaintiffs alleged that between February 6, 2020 and February 10, ...

Excerpt: ...y 19, 2023 Tentative Ruling: To grant in part plaintiff's May 3, 2023 motons to compel further responses from Kevin Schwin and SchwinLaw, PC to form interrogatories and requests for production. Defendant Kevin Schwin shall provide further verified responses to Form Interrogatory Nos. 2.5, 16.1, 16.2, and 50.1-6. Defendant SchwinLaw, PC shall provide further verified responses to Form Interrogatory Nos. 16.1, 16.2, and 50.1-6. Defendants Kevin Sch...