Excerpt: ...off cale ndar due to the automatic bankruptcy stay against indispensable party, Joshua O'Bannon. Explanation: A Notice of Stay Proceedings due to filing of bankruptcy was filed as to defendant Joshua O'Bannon. The case is stayed as to the bankrupting defendant. ( 11 U.S.C. § 362; Wekell v. U.S. (9th Cir. 1994) 14 F.3d 32, 33.) Here, the Motion to Compel Initial Responses to Request for Production of Documents, Set Two, made against defendant O...

Excerpt: ... bring a motion to reconsider, and a different order may be entered, if, subject to the following conditions, the motion is: 1. brought before the same judge that made the order; 2. made within 10 days after service upon the party of notice of the entry of the o rder; 3. based on new or different facts, circumstances, or law; and 4. made and decided before entry of judgment. “[F]acts of which the party seeking reconsideration was aware at the t...

Excerpt: ...November 2, 2023, plaintiff California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (“Plaintiff”) filed the operative Third Amended Complaint (“TAC”). The TAC states three causes of action: (1) preliminary and permanent injunctive relief; (2) petition for writ of mandamus as to defendants California Department of Human Resources and Eraina Ortega (collectively “Defendants”); and (3) petition for writ ...

Excerpt: ...unity Regional Medical Center (Radiology) 4. Community Regional Medical Center (Billing) 5. Central California Faculty Medical Group 6. Accident Recovery Center (Medical/Radiology) 7. Accident Recovery Center (Billing) 8. Central California ENT Medical Group 9. Precise Imaging 10. Jonathan D. Caldwell, M.D. 11. Ali Najafi, M.D. 12. Ali Najafi, M.D. (Billing) 13. 3H Medical Group, Inc. 14. California Heart Medical Associates To award monetary sa...

Excerpt: ...tively "Plaintiffs") seek summary judgment or, in the alternative, summary adjudication of the twenty-three affirmative defenses of the February 21 , 2023 Amended Answerl by defendants Joginder Singh, M.D., and Mandeep Singh, M.D.(collectively"Defendants").2 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. S437c, subd. (c...

Excerpt: ...on; and to sustain general demurrers to the sixth, seventh, eleventh, thirteenth causes of action, without leave to amend. Matthew Graney shall file his answer to the SAC within 10 days of service of the order by the clerk. Explanation: Special Demurrers As to cause s of action 1-3, 6, and 8 -14, Graney argues that the SAC is uncertain in that it fails to identify the parties affected thereby. Graney cites to Williams v. Beechnut Nutrition Corp....

Excerpt: ...or disclosu res regarding a real estate transaction and that she failed to properly disclose information about the property. (First Amended CrossComplaint, ¶¶ 10 -13.) It is undisputed that Casa Robles Realty, and its agent Luis Altamirano, represented plaintiff Ben ito Cano -Perez in a real estate transaction involving the subject property. (UMF No. 1.) CVI Group, LLC was the seller of the subject property and was represented by All State Home...

Excerpt: ... Orchards , Inc. (“Defendant”). The verified Complaint states four causes of action: (1) breach of contract; (2) foreclose on producer's lien; (3) recovery of statutory late charges; and (4) constructive trust. Plaintiffs seek to enjoin Defendant from: (1) selling o r removing from this state or beyond Defendant's control, any 2021 crop almonds or processed product therefrom that were delivered to Defendant by Plaintiffs, unless the proceeds...

Excerpt: ...ion Here, defendants have defects in their verifications. Code of Civil Procedure section 2015.5 governs verifications. A verification requires a recitation that 1) it is certified or declared by the person 2) to be true under penalty of perjury, 3) is subs cribed by the person, and 4) if executed in California, states the date and place of execution or 5) if executed at any place, within or without this state, states the date of execution an...

Excerpt: ...endar. If it does not resolve the issues, counsel for cross -defendant shall file a declaration, on or before June 18, 2024, stating the efforts made. If no declaration is filed, the motion will be taken off calendar. Explanation: Under Code of Civil Procedure secti on 430.41, “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that i...

Excerpt: ...prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.) (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413 -414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal .App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong policy in favor of arbitration. (AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, ...

Excerpt: ...ricken. Plaintiffs are granted 20 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. All new allegations in the first amended complaint are to be set in boldface type. Explanation: A motion to strike can be used to cut out any irrelevant, false or improper matters or a demand for judgment requesting relief not supported by the allegations of th...

Excerpt: ...grant p laintiff's alternative motion to tax costs in the amount of $19,450. (Ladas v. Calif. State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) Explanation: Untimely Filing “A prevailing party who claims costs must serve and file a memorandum of costs within 15 d ays after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of ent...

Excerpt: ...es she su ffered “severe and permanent injury to the body and nervous system” … (Complaint ¶ 20.) In her discovery responses, plaintiff states that she suffered a tear in her right knee's lateral meniscus, as well as injuries to her back, left arm, bilateral shoulde rs, neck, hip, head, and upper back. (Response to Defendant Form Interrogatories, Set One (“Form Rog”), No. 6.2.) Plaintiff also states that she continues to suffer con...

Excerpt: ... powe r of attorney may bring an action on behalf of his principal only as guardian ad litem. (In re Marriage of Caballero (1994) 27 Cal.App.4th 1139, 1152.) Here, it is apparent that the real party in interest is Carolina Cruz and that Antonio Cruz would be a n appropriate guardian ad litem for Carolina Cruz. The court grants leave to amend the complaint to name the real party in interest as the plaintiff and to address the issue of a guardian a...

Excerpt: ...ction within 30 days after service of notice of the transfer order. The demurrers and motion to strike are taken off calendar, but are subject to be recalendared in the proper court upon the transfer of the action. Explanation: County of Tulare moves to change t he venue of this action on the ground that County of Fresno is an improper venue and County of Tulare is the only proper venue. “It is a long established rule that a motion for change o...

Excerpt: ...nt the motion to strike. (Code Civ. Proc., § 436.) To deny plaintiff's motion to quash. To deny imposition of sanctions. Explanation: Demurrer and Motion to Strike “Ordinarily, negligence may be pleaded in general terms and the plaintiff need not specify the precise act or omission alleged to constitute the breach of duty.” (Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795.) Nevertheless, claims falling under the Tort Cla...

Excerpt: ... deny in par t. (Code Civ. Proc., § 436.) The request to strike the allegations pertaining to defendant Samuel Lofty Confectioner's acts done in the course and scope of his employment with defendant Fresno Unified School District (“FUSD”) is granted. The request to st rike the allegations pertaining to FUSD's duty to investigate is granted. The request to strike the prayer for attorney's fees pursuant to Civil Code 52 and 52.4 is granted. T...

Excerpt: ...gh evidence regarding the hours spent on the case and the tasks performed to find that the requested fees are reasonable and should be approved. She has also not provided enough evidence to support the request to approve her law clerk's rate of $225 per hour . In Serrano v. Priest (1977) 20 Cal.3d 25, the California Supreme Court stated: “ ‘The starting point of every fee award, once it is recognized that the court's role in equity is to...

Excerpt: ...laintiff Zahi Saleh shall serve and file an amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant General Motors, LLC ("Defendant") demurs to the fifth cause of action, for fraudulent concealment of the First Amended Complaint ("FAC") by plaintiff Zahi Saleh ("Plaintiff"). On a demurrer a court's function is limited to testing the legal sufficiency of the c...

Excerpt: ...Emeline Pano will be dismissed as a defendant in plaintiff's Complaint. (Code Civ. Proc., § 2023.030, subd. (d)(3).) Explanation: Plaintiff has a history of failing to comply with discovery obligations in this action, and appears to have abandoned this action. On August 10, 2023, and October 10, 2023, defendant Emeline Pano served plaintiff with deposition notices. Plaintiff never objected, but failed to appear on both occasions. On August 30, 2...

Excerpt: ...tiff Kimberly White are ordered to appear at the hearing on this motion. Explanation: Healthcare providers must possess and exercise “that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under si milar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, in any medical malpractice action, the plaintiff must establish: “(1) the duty of the professional to ...

Excerpt: ...e order. Explanation: A general demurrer is sustained where the pleading is insufficient to state a cause of action or is incomplete. (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535.) A special demurrer, though disfavored, is nevertheless sustained where a pleading is so uncertain that the defendant cannot reasonably respond to the subject pleading. (Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612...

Excerpt: ...aint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the special demurrer for uncertainty. (Code Civ. Proc. § 430.10, subd. (f).) Explanation: A party may file a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535...

Excerpt: ...planation: Corporations may not represent themselves before the court in propria persona, nor can corporations represent themselves through their officers, directors, or any other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2 004) 120 Cal.App.4th 1141, 1145.) Corporations must be represented by an appropriately licensed attorney in court proceedings. (CLD Construction, Inc. v. City of San Ramon, supra, 120 Cal.A...