Excerpt: ...which the aggrieved person would have worked but for the alleged unlawful practice; however, if the defendant is not found within any of these counties, the action may be brought within the county of defendant's residence or principal office. (Gov't. Code § 12965, subd. (b).) In Ford Motor Credit Co. v. Superior Court (1996) 50 Cal.App.4th 306 the Appellate Court held that a change of venue is mandatory under Government Code section 12965, s...

Excerpt: ...es this showing, the burden shifts to the plaintiff to demonstrate that one or more material facts exist as to the cause of action or as to a defense to a cause of action. (CCP § 437(c), subdivision(p)(2).) In a summary judgment motion, the pleadings determine the scope of relevant issues. (Nieto v. Blue Shield of Calif. Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 74.) A defendant need only “negate plaintiff's theories of liability a...

Excerpt: ...equires 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. [Citations.] ‘ “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 only be proved by their...

Excerpt: ...s shall be filed in connection with the summary judgment motion. Defendants' motion for summary judgment will be heard on August 15, 2019, at 3:30 p.m. in Dept. 403. Explanation: Due to the fact that plaintiff's counsel failed to file plaintiff's opposition brief and supporting declarations, defendants' motion for summary judgment was granted without considering the opposition. Plaintiff's counsel, Steven Glickman, explains that he mistakenly bel...

Excerpt: ...h the applicable provisions of the Code of Civil Procedure. Should Plaintiff file a motion to continue trial, the costs of such a filing shall be reimbursed by Defendants. Explanation: Defendants have filed a motion for leave to file a cross‐complaint against codefendant Beyond Tech Solutions, Inc. (“Beyond Tech”). Defendants assert that they believe Beyond Tech to be responsible for some portion of the accident at issue in this case. They ...

Excerpt: ...court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294. Such order shall not be considered to be a determination on the merits o...

Excerpt: ...n, as herein noted: ∙ Plaintiff has not signed box 6, the declaration of mailing, from mandatory form CIV‐100. ∙ In the Proposed Judgment, the “Judgment in the Prior Action” is listed as for $74,387.88 in paragraph 1, but only $4,905.66 in paragraph 5. Further, the amount of the judgment listed on the CIV‐100 form does not appear anywhere in the Proposed Judgment. ∙ The interest recorded in the CIV‐100 form ($10,414.18) appears no...

Excerpt: ...gs,” and decide the Petition on the “pleadings alone and without further unnecessary litigation.” (Petitioners' Memorandum of Points and Authorities at 3:9‐10, 4:22‐23, 9:16‐17.) California is a code pleading state. The Code of Civil Procedure provides that pleadings are the formal allegations by the parties of their respective claims and defenses, for the judgment of the court. (Code Civ. Proc., § 420.) The Code provides that the pl...

Excerpt: ...eview 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 agency in question is the Labor Workforce Development Agency (“LWDA”). 2. Complex Case The law and motion in this matter is expected to be formidable, as in most class actions, even if it is resolved by settlement. If the matter goes to trial, ther...

Excerpt: ...n. On February 16, 2017, Bravo and Defendant Ghasan Ali Ahmed entered into a contract whereby Bravo was to construct a home on property located at 6640 W. Yale Avenue, Fresno, CA. See Exhibit A attached to the verified original complaint. The price was $270,000. Ahmed was to pay 10% down‐‐$27,000. However, it is alleged that he insisted on paying $30,000. At some point, it is alleged that Ghasan agreed to pay the subcontractors and materials ...

Excerpt: ...ation: 1. CLASS CERTIFICATION a. Standards An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied). See also Newberg, Newberg on Class Actions (T.R. Westlaw, 2017) Section 7:3: “The parties' representation of an uncontested motion for ...

Excerpt: ...ter the accountant's investigation was complete. However, in the complaint, plaintiffs alleged that they are seeking “no less than $500,000”, which is considerably less than what plaintiffs seek now. Thus, the requested default judgment appears to violate the rule against seeking damages in a default judgment that exceed the amount pled in the complaint. “An entry of a default judgment which exceeds the relief requested is an act beyond the...

Excerpt: ...eading it as a whole and all its parts in their context.” (People ex re. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Defendant demurs to each cause of action in Plaintiff's complaint on the grounds that: ∙ The address a...

Excerpt: ...f Court, Rule 3.1350(b).) This action was filed by plaintiff against Wells Fargo only, contending that plaintiff is the only entity with right to the funds on deposit with Wells Fargo in accounts XXXX1634, XXXX‐5109, XXXX‐8420, and XXXX‐8655. Wells Fargo filed a Cross‐Complaint in Interpleader on July 30, 2018, naming Cold Springs and Santa Rosa (the only other tribe claiming an interest in the accounts) as cross‐defendants. Having no i...

Excerpt: ...ance with Civil Code §§ 8204 and 8410; whether the Mechanic's Lien was properly served in compliance with Civil Code § 8416(a)(7) and thus, whether the Mechanic's Lien is valid. See Civil Code § 8416(e). See the Declaration of Carlos Colima and Exhibits 26 and 27 attached to the Plaintiff's Compendium of Evidence. The Plaintiff has not met its burden pursuant to CCP 437c(p)(1) as the moving party. As a result, there is no need to address the ...

Excerpt: ...ore parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐ obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6(a)(1), emphasis added.) “A determination by the court that the settlement was made in good...

Excerpt: ...9;irrelevant, false or improper' matters or “a demand for judgment requesting relief not supported by the allegations of the complaint.” (Code Civ. Proc., § 431.10, subd. (b).) A motion to strike is the proper procedure to challenge an improper request for relief, or improper remedy, within a complaint. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164.) With respect to punitive damage allegations, mere legal conclusions of oppre...

Excerpt: ...urgery Center's demurrer to the complaint. (Code Civ. Proc. § 430.10, subd. (e).) To order North Point to file its answer to the complaint within 10 days of the date of service of this order. Explanation: Trial Preference Motion: 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 follow...

Excerpt: ...ition and complaint may be amended will run from service of the order by the clerk. Explanation: In the fifth cause of action petitioner seeks a writ of mandate to compel the County of Fresno to comply with the Government Code § 8899.50(b) requirement to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing and to take no action that is materially inconsistent with ...

Excerpt: ...der, a proposed judgment consistent with the court's summary judgment order. Explanation: Defendants Saint Agnes and Dr. Simons have both moved for summary judgment as to the entire complaint on the grounds that plaintiffs cannot prevail on their negligence and loss of consortium claims because, according to defendant's expert witness, defendants did not breach the applicable standard of care when providing care and treatment for plaintiff, a...

Excerpt: ...rt's summary judgment order. Plaintiff's objections are overruled. The court declines to rule on all other objections as none are material to the disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Explanation: A defendant moving for summary judgment or adjudication has the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Ca...

Excerpt: ...Jacob, LLP, within 30 days after service of this order. Explanation: “The court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc. §2025.420(b).) Such a protective order may include directions that all or certain of the writings or tangible things designa...

Excerpt: ...3.020.) Defendant shall pay sanctions to plaintiff within 30 days of the date of service of this order. Explanation: Defendant moves to compel plaintiff to provide further responses and documents pursuant to the document request served as part of the deposition notice to plaintiff. (Code Civ. Proc., §§ 2025.280, subd. (a); 2025.450, subd. (a).) Defendant contends that plaintiff failed to comply with the document request served with the depositi...

Excerpt: ...ion subpoena duces tecum may be made by a party or the non‐party witness. (Civ. Proc. §1987.1.) A motion to quash production of documents must be accompanied by a separate statement setting forth the particular documents or demands at issue and the factual and legal reasons why production should not be compelled. (CRC 3.1345, subpara. (a)(5).) That provision also includes the format requirements for a separate statement, which requires that ea...

Excerpt: ... a proposed judgment consistent with the court's summary judgment order. Explanation: A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc. §437c(c); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) The moving party bears the initial burden of production to make a prima facie showing of the “nonexistence of any triable is...