Excerpt: ...posture and similarity of contentions, the court intends to advance defendants' motion to bifurcate and deny it, without prejudice. (Code Civ. Proc., § 1048.) Explanation: Summary Adjudication Summary adjudication is the proper mechanism for challenging a particular, “cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty.” (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242.) Furt...

Excerpt: ... issues. (Wershba v. Apple Computer, Inc. (2001) 91 Cal.App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9, 19.a) The trial court has a “fiduciary responsibility” as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditio...

Excerpt: ... order, and did not pertain to this motion. The court now rules on the merits of the motion. Under Code of Civil Procedure section 877.6, a settlement entered by one or more of several joint tortfeasors may be determined by the court to be in “good faith.” The court determines whether a settlement is within the “good faith ballpark” by considering the following factors (evaluated as of the time of the settlement): 1) a rough approximation...

Excerpt: ...nce to a later date, if plaintiff needs more time. The Case Management conference is also continued to March 8, 2022. Explanation: Class Certification The settlement class is described as current and former non‐exempt truck drivers employed by defendant. The dates of employment of the settlement class vary greatly depending on what document the court is reading. The definition of the settlement class in the Settlement Agreement is from January ...

Excerpt: ...une 18, 2021 pretrial discovery conference. Responsive documents shall be provided within ten (10) days of the clerk's service of this minute order. To grant the request for monetary sanctions in the amount requested. Defendants Pacifica Real Estate Services, Inc., Pacifica Enterprises, Inc., Island Lake Investors, LP, River Park Villas, Bullhead City, LTD, L.P. shall pay the sum of $3,660 to counsel for plaintiff within 30 days of the clerk's se...

Excerpt: ...nd twenty. (Ibid.) Explanation: Third Affirmative Defense: With regard to affirmative defense number three, statute of limitations, plaintiff asked Hurley to admit that she had no facts to support the defense. (Plaintiff's Undisputed Material Fact Nos. 4, 5.) Hurley responded with an admission, and also conceded that she had no facts, witnesses, or documents to support the defense and that “[i]t does not appear that there is a statute of limita...

Excerpt: ...aint in interpleader as a standalone action against defendants Kenneth Matthew Green, Schicuan Green, and Janet Green, seeking to dispose of its obligation to defendants in relation to benefits paid out on the death of Robert Green. On June 3, 2021, plaintiff lodged $43,500 with the court. Plaintiff now seeks an order discharging it from: its liabilities as to the monies deposited; the present action with prejudice; and for costs and attorney's f...

Excerpt: ...perty during the pendency of the action, including property taxes, utilities, hazard insurance, pool and yard maintenance, pest control, and for any necessary repairs, and to keep Vantage Point Finance, LLC (“Vantage Point”), reasonably well informed as to the status of these payments so it is ensured there are no missed payments. The court will also order Mr. Arballo to open an escrow account and make monthly rental payments during the pende...

Excerpt: ...t motion. On May 9, 2018, plaintiff filed a complaint on behalf of herself and as a limited partner in Boise Telecasters, LP (BT).1 On July 24, 2018, plaintiff filed a first amended complaint (FAC). BT was created in 2004 between plaintiff and defendant Gary Cocola. (FAC, ¶ 21.) Plaintiff held a limited partner interest in BT in the amount of 49 percent, along with Cocola, who also held a limited partner interest in BT in the amount of 49 percen...

Excerpt: ...er by the clerk, a proposed judgment consistent with the written settlement agreement. Explanation: Code of Civil Procedure Section 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . . for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request ...

Excerpt: ... grant the motion for summary adjudication as to the claim for punitive damages. (Code Civ. Proc. § 437c.) Cross‐defendants' objections to Michael Carrigan's Declaration nos. 5, 6, 7, 8, 9, and 10 are overruled. All other objections were not material to the determination of the motions. (Code Civ. Proc., § 437c, subd. (q).) Explanation: Burden on Summary Judgment Summary judgment law turns on issue finding rather than issue determination. (Di...

Excerpt: ...ion: Defendant demurs to the fraudulent misrepresentation claims in the third and fourth causes of action, contending that plaintiff has not alleged sufficient facts to support his fraud claims. As defendant notes, fraud must be pled with specificity. The elements of fraud are (1) a misrepresentation (false representation, concealment or nondisclosure); knowledge of falsity (“scienter”); (2) intent to defraud, i.e., to induce reliance; (3) ju...

Excerpt: ...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 issue to be determined by the trial court in consideration of a motion for summary judgment is whether or not any facts have been presented which give rise to a triable issue, and not to pass upon or determine the true facts in the case. (Petersen v. City of Vallejo (1968) 259 Cal.App.2d...

Excerpt: ...: Under Government Code section 985, “after a verdict has been returned against a public entity that includes damages for which payment from a collateral source listed below has already been paid or is obligated to be paid for services or benefits that were provided prior to the commencement of trial, … the defendant public entity may, by a motion noticed within the time set in Section 659 of the Code of Civil Procedure, request a posttrial h...

Excerpt: .... (q).) Explanation: Burden on Summary Judgment In ruling on a motion for summary judgment or summary adjudication, the court must consider all of the evidence 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 an...

Excerpt: ...omplaint is entrusted to the sound discretion of the trial court ....” (Garcia v. Roberts (2009) 173 Cal.App.4th 900, 909.) “The court may ... in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ....” (Code Civ. Proc., § 473, subd. (a)(1).) “Any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper,...

Excerpt: ...days of service of the order by the clerk. Explanation: Motion to Strike A defendant may move to strike allegations from a pleading in two situations: (a) the allegation is “irrelevant, false, or improper” or “superfluous” or “abusive” and (b) where the “pleading was not drawn in conformity with the laws of the state or a court rule.” (Code Civ. Proc., § 436, subd. (a), (b).) The motion to strike is denied for two reasons. First,...

Excerpt: ...Civ. Proc. § 386.6.) Explanation: “‘Interpleader is an equitable proceeding by which an obligor who is a mere stakeholder may compel conflicting claimants to money or property to interplead and litigate the claims among themselves instead of separately against the obligor.... After admitting liability and depositing the money or property with the court, the obligor is discharged from liability and freed from the necessity of participating in...

Excerpt: ...ction 664.6 provides as follows: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court . . . for settlement of the case . . . the court, upon motion, may enter judgment pursuant to the terms of the settlement.” It also provides that the parties may request that the court “retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the...

Excerpt: ... Nos. 3, 13, 16, 17, 18, 19, 20, 22, 23, and 24, and produce all documents responsive to the Requests for Production. The further responses shall specify which documents are responsive to which request and be in a format that is accessible. To grant monetary sanctions in the amount of $555 against Claimant, in favor of Respondent California Capital Insurance Company. Within thirty (30) days of service of the order by the clerk, Claimant shall pay...

Excerpt: ...sponses to form interrogatories, set one, special interrogatories, set one, and request for production of documents, set one. (Code Civ. Proc. §§ 2030.290(b), 2031.300(b).) Plaintiffs are ordered to serve complete verified responses to all discovery set forth above, without objection, on or before November 23, 2021. To impose monetary sanctions the total amount of $1,260 in favor of Defendant Ygrene Energy Fund, Inc., and against Plaintiffs and...

Excerpt: ...ligent entrustment and violation of Vehicle Code section 12202.7. To deny summary adjudication as to the issues of negligence, and violation of Health and Safety Code section 103900. Explanation: In ruling on a motion for summary judgment or summary adjudication, the court must consider all of the evidence and all of the inferences reasonably drawn therefrom and must view these in the light most favorable to the opposing party. (Aguilar v. Atlant...

Excerpt: ...n: Under Code of Civil Procedure section 473, subdivision (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, or a 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...

Excerpt: ... or comparative indemnity, based on comparative negligence or comparative fault on the condition that defendant/crossdefendant is able to provide proof of service of the notice of motion on defendant/crossdefendant Rainworthy Roofing, Inc. (Code Civ. Proc., § 877.6.) Explanation: Pursuant to Code of Civil Procedure section 877.6, subdivision (a)(1), “Any party to an action in which it is alleged that two or more parties are joint tortfeasors o...

Excerpt: ...inute order. Explanation: Plaintiff states one cause of action for loss of consortium based on his wife's termination from employment with defendant, which he alleges was wrongful as it was based on her disability and in violation of her right to protected medical leave.1 A claim for loss of consortium has four elements: (1) a valid and lawful marriage between the plaintiff and the person injured at the time of the injury; (2) a tortious injury t...