Excerpt: ...he court. At the continued hearing, the court will take limited, competent evidence from plaintiff and any witness she offers to support her general damages. Plaintiff and any other witnesses may appear via CourtCall. To deny the motion for sanctions. Explanation: Defendant's Reclassification Motion Civil cases formerly within the jurisdiction of municipal courts are classified as “limited” civil cases, while matters formerly within the juris...

Excerpt: ...stice require such action. (People v. Coleman (1975) 13 Cal.3d 867, 885; Avant! Corp. v. Superior Court (2000) 79 Cal.App.4th 876, 885‐886 citing Keating v. Office of Thrift Supervision (9th Cir. 1995) 45 F.3d 322.) When a litigant seeks a stay based upon parallel criminal proceedings, an analysis should be undertaken "in light of the particular circumstances and competing interests involved in the case.” (Avant! v. Superior Court, supra, 79 ...

Excerpt: ...he clerk, defendant General Motors, LLC, (GM) shall serve further verified responses to Request for Production of Documents, Set One, Nos. 10‐ 12, 16, 17, 20, 23‐26, 28, 29, 37, 38 and 40‐75, without objection, and produce all responsive documents. Plaintiff and defendant shall also meet and confer and agree on a protective order pursuant to which the records will be produced. To grant the motion to compel further responses to Special Inter...

Excerpt: ...and confer with regard to dates and locations for the second deposition and IME. Explanation: “Once any party has taken the deposition of any natural person, including that of a party to the action, neither the party who gave, nor any other party who has been served with a deposition notice pursuant to Section 2025.240 may take a subsequent deposition of that deponent.” (Code Civ. Proc., § 2025.610, subd. (a).) “Thus, a natural person may ...

Excerpt: ...tions and prayers regarding emotional distress and punitive damages, without leave to amend. (Code Civ. Proc. §§ 435 and 436.) To deny Price's motion to strike the cause of action for declaratory relief. (Ibid.) Explanation: Demurrer – Compliance with Government Tort Claims Act: Price demurs to the second through seventh causes of action based on plaintiff's failure to show that he filed a government tort claim naming him as a potential defen...

Excerpt: ...t the releases which are the subject of this motion are invalidated. To find that no curative notice is required at this time. Explanation: 1. Findings of Fact The court sustains the objections on the grounds of hearsay to plaintiff's counsel's declaration. The admissible evidence shows defendant's owner appointed an employee to give presentations about a settlement offer to three groups of employees on Christmas Eve 2019, about a month after the...

Excerpt: ...e: To deny terminating sanctions, but to issue evidence sanctions as specified below. (Code Civ. Proc., § 2023.030, subd. (c).) (2) Defendant's Motion for Summary Judgment, or Alternatively for Summary Adjudication: To deny summary judgment. (Code Civ. Proc., § 437c, subd. (c).) To grant summary adjudication of plaintiff's eighth and ninth causes of action of the First Amended Cross‐ Complaint (FACC), and to deny as to the remainder of plaint...

Excerpt: ...First, the appellate court must identify the issue framed by the pleadings. Second, we determine whether the moving party has met its statutory burden of proof. Once the defendant has made such a showing, the burden shifts to the plaintiff to produce evidence that a triable issue of fact exists as to an essential element of the cause of action. The third and final step is to determine whether the opposing party has demonstrated that a triable iss...

Excerpt: ...ove for judgment on the pleadings as to the defamation and intentional infliction of emotional distress causes of action, arguing that plaintiff has not and cannot state valid tort causes of action due to his failure to file a timely tort claim with the Board of Trustees for California State University Fresno. Under Government Code section 911.2, “A claim relating to a cause of action for death or for injury to person or to personal property or...

Excerpt: ...evelopment Agency. To grant plaintiff an incentive award of $2,250. To award attorney fees in the amount of $30,000. To order that the parties to lodge a proposed judgment by June 30, 2020, which lists the class certified, that the court retains jurisdiction to enforce the settlement, and enters judgment on the settlement (with the settlement attached thereto). Same need also state that the court determines the amount payable to all class members...

Excerpt: ...d amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Defendant Martinez demurs to the negligence claims, contending that plaintiffs have not alleged sufficient facts to state a valid claim because they have not alleged that she actually knew that her husband had a propensity to molest children. Defendant contends that, in order to allege the existence of a duty in negligen...

Excerpt: ...eir truth. (See, e.g., Evid. Code §§ 451‐452.) Even so, the declaration can be considered as evidence in support of this motion, since affidavits and declarations are a routine form of evidence in motions to compel arbitration. It does not stop being evidence simply because it was filed in connection with a different motion. It was Ms. Boujikian's declaration then, and it is her declaration now. Also, the fact that the documents attached to t...

Excerpt: ...y adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (CCP § 437c(f)(1); see also Catalano v. Superior Court (2000) 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibited].) The ultimate burden of persuasion rests on defendant, as the moving party. The initial burden of production is on defendant to show by a preponderance of the evidence that i...

Excerpt: ...ke class allegations, as improperly filed, redundant, and moot. (Ibid.) Explanation: Under Code of Civil Procedure section 382, “when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.” (Code Civ. Proc., § 382.) “The party seeking certification as a class representative must ...

Excerpt: ...minutes and 13 seconds.3 However, according to defendant's own legal authorities, the issue of whether a hazard existed long enough to give the defendant constructive notice of the dangerous condition is generally an issue of fact that should be resolved by the trier of fact, not an issue that is amenable to resolution as a matter of law. In Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, the California Supreme Court stated that, “[b]ecause the o...

Excerpt: ...rocedure section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form where there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citati...

Excerpt: ... a judgment in conformity with this order. Explanation: Defendant Kingspan Insulated Panels, Inc. (“Kingspan”) moves for judgment on the pleadings as to the First Amended Cross‐Complaint (“FACC”) brought by Style‐Line Construction, Inc. (“Style‐Line”). A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired, and so the rules governing demurrers apply....

Excerpt: ...and the federal court denied the motion as to the state law claims. (See Defendants' Exhibit U, Order of United States District Court for the Eastern District of California dated August 30, 2017.) In its order, the District Court expressly found that there were triable issues of material fact with regard to the state law wrongful death cause of action, and thus denied summary adjudication of that claim. (Order, pp. 21:19 ‐ 22:23.) The District ...

Excerpt: ...40,000. Explanation: 1. Final Approval of Settlement California Rules of Court, rule 3.769(g) states: “Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement.” Subsection (h) states: “If the court approves the settlement agreement after the final approval hearing, the court must make and enter judgment. The judgment must include a provision for the retention of the court's jurisdiction over the...

Excerpt: ...e to amend as to the claim alleged under the Information Practices Act only. Any amended pleading must be filed within 30 days of the hearing. Plaintiff is allowed to appear through Court Call. Explanation: The Court incorporates its ruling of November 19, 2019. The demurrer on the ground of Code of Civil Procedure section 430.10, subdivision (d), is sustained for the same reasons it was sustained last time. Plaintiff's First Amended Complaint (F...

Excerpt: ...e causes of action, the motion to strike items 4 thru 6 stated in the Notice of Motion is denied. To deny the motion to strike as to items 3 and 7 (re punitive damages) stated in the Notice of Motion. To grant the motion to strike as to items 1 and 2 (re pain and suffering) stated in the Notice of Motion. The plaintiffs are granted 20 days leave to file a First Amended Complaint. The time in which the Complaint can be amended will run from the co...

Excerpt: ...pects. In sum, the costs are reduced from $30,065.77 to $28,650.06, a total reduction of $1,414.94. Explanation: A motion to strike or tax costs must be directed to particular items in the Memorandum of Costs and state why each is objectionable. Additionally, the challenged items must be referred to in the same order in which they appear in the Memorandum of Costs. (Cal. R.Court 3.1700, subd.(b)(2).) Where the reasonableness of a particular item ...