Excerpt: ...nd, Third, Fourth, and Sixth Causes of Action Under FEHA: Defendant contends that the undisputed facts show that plaintiff was unable to perform the essential functions of his job, with or without accommodation, and therefore plaintiff cannot prevail on his FEHA claims. “FEHA prohibits employment discrimination based on a physical disability. (Gov. Code, § 12940, subd. (a).) The Legislature has made it clear that FEHA's statutory provisions ar...

Excerpt: ...adjudication be deemed to seek summary adjudication of the First Amended Complaint's (“FAC”) seventh cause of action. (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) Plaintiff shall file and serve the First Amended Complaint within 5 days of service of the order by the clerk. To grant SCCCD's motion to compel answers to deposition questions as to question numbers 30‐35 (as set forth in SCCCD's separate statement), and to deny the remainder ...

Excerpt: ...l essential elements of each cause of action have been alleged. (Code Civ. Proc., §§ 422.10 and 589; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) In ruling on a demurrer, the court should construe the complaint liberally “with a view to substantial justice between the parties.” (Code Civ. Proc., § 452; Stevens v. Sup.Ct. (API Auto Ins. Services) (1999) 75 Cal.App.4th 594, 601; Perez v. Golden Empire Transit Dist. (2012)...

Excerpt: ...d. (c); Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, 1036.) The court intends to find that $2.50 per page is a reasonable rate to charge for the transcript. The court also intends to find that plaintiffs are not required to pay for additional charges such as “litigation packages” and “condensed copies” if they have not requested them. Finally, the court intends to deny the request for attorney's fees and costs...

Excerpt: ... September 10, 2020, in Department 501. To the extent the court compels production of any personnel records to plaintiff, the court will issue a protective order limiting use of the records to the present litigation only, and requiring plaintiff's counsel to return the records to the Attorney General's office upon conclusion of the litigation. Explanation: Under Evidence Code section 1043, subdivision (a), “In any case in which discovery or dis...

Excerpt: ...in which such pleading can be amended will run from service by the clerk of the minute order. New allegations in a Second Amended Complaint are to be set in boldface type. In the event plaintiff elects to not file a Second Amended Complaint, defendant shall file an Answer to the First Amended Complaint within 30 days from the date of this order. Explanation: As a preliminary matter, defendant's reply contends that plaintiff's admission that the l...

Excerpt: ...at date plaintiff's former attorney (Benjamin Hakimfar of Kabateck Brown Kellner, LLP) filed a request for dismissal of the action with prejudice. The dismissal was the result of a settlement agreement between the parties, which was negotiated between Mr. Hakimfar and defendant's attorney. The dismissal was signed on behalf of plaintiff by Mr. Hakimfar and the dismissal was entered. No executed release by plaintiff acknowledging the permanent los...

Excerpt: ...ss members (as defined in Plaintiff's First Amended Complaint) are hereby invalidated and deemed unenforceable. To further order defendants to send a curative notice to the putative class members who signed an Employee Arbitration Agreement informing them that the “Class Action Waiver(s)” provision contained in the Employee Arbitration Agreement in question have been invalidated and rendered unenforceable by the court, and that they are still...

Excerpt: ...remises serving as a hazard, and further allowed said dangerous condition to remain in disrepair, notwithstanding the fact that Defendants knew and/or should have known of the dangerous condition but failed to warn and/or repair, remedy the dangerous condition, that “there had been numerous prior Incidents.” Defendant has the burden of proving that there is a complete defense or that plaintiff cannot establish one or more elements of each of ...

Excerpt: ... submitted in support of defendant's opposition. To grant plaintiffs' motion for attorney's fees in the amount of $ 41,385.00. To also award costs and expenses of $ 2,509.98. Payment shall be made by defendant General Motors, LLC, to the Knight Law Group within 30 days of the clerk's service of this minute order. Explanation: In the case at bar, plaintiffs move pursuant to Civil Code section 1794. Plaintiffs seek attorney's fees in the amount of ...

Excerpt: ...ttorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to make an initial determination of the actual time expended; and then to ascertain whether under all the circumstances of the case the amount of actual time expended and the monetary charge...

Excerpt: ... for Production of Documents, Statement of Damages, and for Monetary Sanctions Tentative Rulings: To grant defendant Fresno Community Hospital's motion for joinder of omitted heir. (Code Civ. Proc. §§ 382 and 389.) To grant Dr. Gill's motion for summary adjudication of the medical battery cause of action alleged against him. (Code Civ. Proc. § 437c.) To grant Dr. Rohlen's motion for summary adjudication of the fraud and medical battery/wrongfu...

Excerpt: ...e to file answer. Explanation: Motion to File Answer‐in‐Intervention: Under Code of Civil Procedure section 387, subdivision (d)(1), “The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: … The person seeking intervention claims an interest relating to the property or transaction that is the subject of the action and that person is so situat...

Excerpt: ... order. Explanation: Plaintiffs' motion to set aside the dismissal has been brought more than six months after they originally entered the dismissal of Delta Cleaners, so they cannot seek relief under Code of Civil Procedure section 473, subdivision (b), which requires that such motions be brought within six months of the default, default judgment, or dismissal. (Code Civ. Proc. § 473, subd. (b).) Instead, they seek to set aside the dismissal un...

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...