Excerpt: ...demnation, without leave to amend, for failure to state facts sufficient to constitute a cause of action. (Ibid.) To sustain the demurrer to the fifth cause of action for unjust enrichment, with leave to amend, for failure to state facts sufficient to constitute a cause of action. (Ibid.) To overrule the demurrer to the sixth cause of action for breach of implied warranty. (Ibid.) To deny defendant's motion to strike the specific allegations in t...

Excerpt: ...ules of Court, rule 3.769, subd.(a).) The approval of the settlement also requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to the class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, R...

Excerpt: ...��Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this sta...

Excerpt: ...dered to pay $3,600 in sanctions to defendant's counsel's law firm within 30 days of service of this order. Explanation: Compelling Further Responses A court “may” – but is not required to – address the merits of discovery responses filed after a motion to compel. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409.) Accordingly, in light of plaintiff supplemental responses, defendant's m...

Excerpt: ...kar shall provide further answers as to all questions in the plaintiff's separate statement of disputed responses, except for questions 3, 5, 14, and 23 (Chandrasekar depo., pp. 28:8‐20; 29:5‐ 9; 71:22 ‐ 72:8; 169:19 ‐ 170:2), which seek improper expert testimony from this percipient witness. To grant plaintiff's motion to compel Dr. Pietz to provide further answers to all of the disputed deposition questions. To grant plaintiff's motion ...

Excerpt: ...3.010 defines “misuses of the discovery process” as including, “failing to respond or submit to an authorized method of discovery” and “disobeying a court order to provide discovery.” (Code Civ. Proc., § 2030.010, subds. (d) & (g).) Section 2023.030 states, in relevant part: To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected p...

Excerpt: ...ed complaint adding a new party defendant. (Code Civ. Proc., §473, subd. (a)(1).) Plaintiff shall file and serve the first amended complaint within 5 days of the clerk's service of this order. All new allegations shall be in boldface type. To grant Cross‐complainant's motion for leave to add a new party crossdefendant and file a first amended cross‐complaint. (Code Civ. Proc., §473, subd. (a)(1).) Cross‐complainant shall file and serve th...

Excerpt: ... further responses to document requests, set one, numbers 5, 37‐39, 41, 43, and 45‐63. To deny the motion to compel further responses to request numbers 28 and 29. (Code Civ. Proc. § 2031.310.) Defendant shall serve verified supplemental responses without objections within 20 days of the date of service of this order. Explanation: Meet and Confer: First, to the extent that defendant argues that the plaintiff's counsel did not meet and confer...

Excerpt: ...and ‘all' of the 'inferences' reasonably drawn there from and must view such evidence and such inferences ‘in the light most favorable to the opposing party.'” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, courts usually follow a three‐prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's cl...

Excerpt: ...ion whether proposed classes are sufficiently cohesive to warrant adjudication. The focus of the Rule 23(a) inquiry remains on inequity and potential inequity at the precertification stage. So when (as here) the district court certifies the class at the same time it approves a settlement, the requirements of Rule 23(a) demand undiluted, even heightened, attention. Amchem, 521 U.S. at 620." (In re Payment Card Interchange Fee and Merchant Discount...

Excerpt: ...All new allegations are to be set in boldface type. To grant the motion to strike the prayer for punitive damages without prejudice to plaintiff's ability to file a motion in compliance with Code of Civil Procedure section 425.13. The motion is moot as to the seventh cause of action in light of the ruling on the demurrer. Explanation: Demurrer Special demurrer Defendant demurs to each of the challenged causes of action on the ground that several ...

Excerpt: ...436 to strike specific references to an alleged assault which occurred on December 2, 2016 in the second and third causes of action, as barred by the statute of limitations. Plaintiff's original complaint alleged an assault occurring on December 10, 2016. Plaintiff's First Amended Complaint changed that date to December 2, 2016. Plaintiff claims that her amendment the complaint relates back to the original filing and is therefore timely. Traditio...

Excerpt: ...from the clerk's service of the minute order. New allegations in the amended complaint are to be set in boldface type. Explanation: On a demurrer, the facts alleged in the pleading are deemed to be true, as it is “not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which [plaintiff] describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading. [Citation....

Excerpt: ... Civ. Proc. §§ 1281.2; 1281.4; 9 U.S.C. § 1, et seq.) Explanation: Defendant Western Riverside Council of Governments (WRCOG) moves to compel arbitration of the dispute pursuant to the Federal Arbitration Act (9 U.S.C. section 1, et seq.), or alternatively, under the California Arbitration Act (Code of Civil Procedure section 1281.2, et seq.). Under the Federal Arbitration Act, A written provision in … a contract evidencing a transaction inv...

Excerpt: ...vice of this minute order. Explanation: “'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) First Cause of...

Excerpt: ...ied in their revised privilege log served on April 6, 2020, except those documents identified on pages 5, 14, 27, 34 and 74 of said log as being unrelated to this litigation, and those documents already produced with the privilege log on April 6, 2020. The documents shall be produced within 30 days of service of the order by the clerk. (Code Civ. Proc., § Code Civ. Proc. § 2031.310, subd. (a).) To deny all parties' requests for sanctions. (Code...

Excerpt: ...monetary sanctions. To deny plaintiff's renewed motion for right to attach order. (Code Civ. Proc. § 1008, subd. (b).) Explanation: Motion to Compel Deposition of PMQ: “Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of t...

Excerpt: ...e in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care ordinarily possessed and exercised by members of the medical profession under similar circumstances. ‘ “The standard of care against which the acts of a physician are to be measured is a matter peculiarly within the knowledge of experts; it presents the basic issue in a malpractice action and can onl...

Excerpt: ...le issue of material fact exist are to be resolved in favor of the party opposing summary judgment/adjudication. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562; see also See's Candy Shops, Inc. v. Superior Court (2012) 210 Cal.App.4th 889, 900 [“Summary adjudication is a drastic remedy and any doubts about the propriety of summary adjudication must be resolved in favor of the party opposing the motion.”].) Accordingly, “[t]h...

Excerpt: ...osts in the amount of $6,041.77. Explanation: A party's right to recover costs is governed entirely by statute, and a prevailing party is entitled as a matter of right to recover his or her allowable costs. (Code Civ. Proc. §1032, subd. (b); Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 241.) “Allowable” costs awarded to a prevailing party must be (1) incurred by that party; (2) reasonably necessary to the conduct o...

Excerpt: ...ent was within the “good faith ballpark” is to be evaluated on the basis of information available at the time of settlement, including: 1) A rough approximation of plaintiffs' total recovery and the settlor's proportionate liability; 2) The amount paid in settlement; 3) A recognition that a settlor should pay less in settlement than if found liable after a trial; 4) The allocation of the settlement proceeds among plaintiffs; 5) The settlor's ...

Excerpt: ...ted 10 days' leave to file the First Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type. If oral argument is requested, it will be set for December 22, 2020, at 1:30 p.m. in Dept. 502. Explanation: Demurrer General Standard of Ruling The function of a demurrer is to test the sufficiency of a plaintif...

Excerpt: ...in bold. The time in which an amendment may be filed will run from service by the clerk of the minute order. Explanation: A demurrer is appropriate “[w]hen any ground for an objection to a complaint . . . appears on the face thereof, or from any matter of which the court is required to or may take judicial notice . . . .” (Code Civ. Proc., § 430.30, subd. (a).) A court should sustain a demurrer where a complaint fails to state “facts suffi...

Excerpt: ...ing served. She claims that she suffered from, and was diagnosed with, post‐partum depression following the birth of her second child on August 8, 2018. Vu's parents, the plaintiffs, knew of Vu's struggle with post‐partum depression and nonetheless, filed the lawsuit when she was ill. Vu claims to have suffered post‐partum depression for a year and half after the birth: “Once I became healthy and employed, I contacted my attorney and aske...

Excerpt: ... breaks; (b) payment for all hours worked; (c) reimbursement all of the business expenses necessarily incurred by Plaintiffs and other aggrieved employees in performance of their duties; (d) payment of all overtime wages owed; (e) correctly itemized wage statements, and (f) payment of all wages due at termination of employment. Because an aggrieved employee's action under the [PAGA] functions as a substitute for an action brought by the governmen...