Excerpt: ...duction, Set One; and (3) For Monetary Sanctions Tentative Ruling: To grant plaintiff's motion to compel the deposition of Dycora Transitional Health— Quail Lake LLC's (“Dycora—Quail Lake”) person most knowledgeable. Defendant Dycora—Quail Lake shall produce the person most qualified to testify regarding categories 1‐16. (Code Civ. Proc., § 2025.450, subd. (a).) To grant plaintiff's motion to compel document production regarding requ...

Excerpt: ...lment Sale Contract. Explanation: Plaintiff contracted to purchase the vehicle from Lithia Nissan of Clovis on credit. (Pacheco Decl., ¶5, Exh. A.)The dealership then assigned its interest in the contract to American Credit Acceptance, LLC (ACA). (Pacheco Decl. ¶¶ 6‐9, Exh. B; Henao Decl. ¶¶ 7, 11‐12.) The retail sales installment contract (RISC) contained an agreement to arbitrate disputes that arise between plaintiff purchaser and Lith...

Excerpt: ...companied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.420, subd. (a).) “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. This protective order may include, but is not limited to, one or more of the following directions: [�...

Excerpt: ... of Clovis on credit. (Pacheco Decl., ¶5, Exh. A.)The dealership then assigned its interest in the contract to American Credit Acceptance, LLC (ACA). (Pacheco Decl. ¶¶ 6‐9, Exh. B; Henao Decl. ¶¶ 7, 11‐12.) The retail sales installment contract (RISC) contained an agreement to arbitrate disputes that arise between plaintiff purchaser and Lithia Nissan or its assigns, which arise out of or relate to the credit application, purchase or con...

Excerpt: ... (Code Civ. Proc. § 405.34.) Explanation: Under Code of Civil Procedure section 405.30, any party, or any nonparty with an interest in real property affected by a lis pendens, can move to expunge the lis pendens at any time after the notice of pendency of action has been recorded. (Code Civ. Proc. § 405.30.) “Evidence or declarations may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form o...

Excerpt: ... plaintiff's double minimum wage claim. Plaintiff is granted 20 days' leave to file the first amended complaint, if necessary. If plaintiff cannot amend the complaint accordingly, plaintiff shall file a declaration indicating as such. The time to file the first amended complaint 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. DMM Packaging, Inc.'s (“DMM�...

Excerpt: ...ne whether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. 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 Acti...

Excerpt: ...ary adjudication of each separate cause of action. (Code Civ. Proc. § 437c.) Explanation: First, defendant Saint Agnes has moved for summary adjudication of the medical negligence cause of action on the ground that plaintiffs cannot prevail on their claim for malpractice against the hospital because the treating doctor, Dr. Iberdemaj, is not an employee or agent of the hospital and therefore the hospital cannot be held vicariously liable for his...

Excerpt: ...clerk to set the final approval hearing. Explanation: 1. Class Certification A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. The court may make an order approving or denying certification of a provisional settlement class after the preliminary settlement hearing. (Cal. Rules of Court, rule 3.769(d).) Before the court may approve the settlement, however, the settlement class must...

Excerpt: ...ourth Causes of Action for Racial and Age Harassment: Defendants demur to the third and fourth causes of action on the grounds that the Second Amended Complaint (“SAC”) fails to allege sufficient facts to state a cause of action for harassment. Plaintiff's third and fourth causes of action alleges harassment in violation of the California Fair Employment and Housing Act (“FEHA”), Government Code, section 12940, subdivision (j), by defenda...

Excerpt: ...es to special interrogatories, set one, numbers 1, 2 and 3, and requests for production of documents, numbers 3, 5, 7 and 9. (Code Civ. Proc. §§ 2030.300; 2031.310.) Defendant shall serve responses to the interrogatories 2 and 3 and requests for production 3, 5, 7, and 9 without objections within 21 days of the date of service of this order. The parties shall meet and confer regarding a Belaire‐West notice to be sent to the putative class mem...

Excerpt: ...vide responses as specified in the 2/28/22 order within 20 days of service of this order by the clerk. Explanation: On 2/14/22 plaintiff filed a Pretrial Discovery Conference (“PDC”) Request concerning production demands and special interrogatories propounded on defendant on 10/29/21. On 2/28/22 the court ordered defendant to provide discovery responses without objection due to defendant's failure to file an opposition to the PDC Request. On ...

Excerpt: ...e the spreadsheet identified in its privilege log within 30 days of service of this order by the clerk. To impose a protective order limiting disclosure of the spreadsheet to only the attorneys for the parties, without further court order. To deny the request for monetary sanctions. Explanation: Compelled Disclosure of a Trade Secret “If he or his agent or employee claims the privilege, the owner of a trade secret has a privilege to refuse to d...

Excerpt: ...vehicle ensued, forming the basis of the instant complaint for damages. Plaintiff brought six causes of action against defendant FCA US, LLC (“defendant”) for express and implied violations of warranties afforded through the Song‐Beverly Act. Defendant moves to compel arbitration on an arbitration clause in a sales contract made between plaintiff and a dismissed party, Clovis Chrysler Dodge Jeep Ram.1 A trial court is required to grant a mo...

Excerpt: ...tions in the second amended complaint are to be set in boldface type. Explanation: Code of Civil Procedure section 473, subdivision (b), provides that the court may relieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. It must be made within 6 months after the judgment, dismissal, order, or proceeding was taken. Relief may be based ...

Excerpt: ...urt 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 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...

Excerpt: ... to compel defendant Dycora Transitional Health – Quail Lake, LLC to provide further responses to form interrogatories, set one, special interrogatories, set one, requests for production of documents, set one, and requests for admissions, set one, and for monetary sanctions. (Code Civ. Proc. §§ 2030.300; 2031.310; 2033.290.) To grant monetary sanctions against defendant Dycora only in the amount of $1440. Defendant shall serve verified furthe...

Excerpt: ...ry approval of the proposed settlement. 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, 93, fn. 12.) “Confronted with a request for settlement‐only class certification, a district court need not inquire whether the case, if tried, would pr...

Excerpt: ...t in boldface type. Explanation: The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but a...

Excerpt: ...are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concea...

Excerpt: ...mal claim has first been presented to that entity, and has been rejected, or is deemed rejected by the passage of time. (Gov. Code §§ 945.4, 912.4; see Munoz v. State of Calif. (1995) 33 Cal.App.4th 1767, 1776.) The pre‐lawsuit claim must be presented to the governmental entity within six months of accrual of the cause of action. (Gov. Code § 911.2.) The time limit runs from the date the claimant's right to sue arises; i.e., from the time th...

Excerpt: ... motion. (Ibid.) Explanation: Saint Agnes Medical Center and its employees, Shannon Soliz, RN, Natalie Woods, RN, and Marisol Salazar, RN, move for summary judgment on the theory that plaintiffs cannot prove their negligence and loss of consortium claims because they cannot prove that there was a causal link between the alleged overdose of Pitocin administered by defendants and plaintiff's subsequent intracranial bleeding and resulting damages. S...

Excerpt: ...m to respond further to discovery requests. (Code Civ. Proc. §§ 2023.010 (d), (g); 2023.030 (d)(4); 2030.290 (c) and 2030.300 (e).) The court strikes defendants' answer filed December 17, 2019 and enters default against defendants, Great American Investments, Inc., Liberty Financial Group, Inc., A.J. Rassamni, and Sharon Rassamni. The court vacates the trial date of April 24, 2023, trial readiness hearing on April 21, 2023 and Mandatory Settlem...

Excerpt: ...ney'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 bei...

Excerpt: ...its motion on multiple grounds, including res judicata and plaintiff's failure to exhaust administrative remedies, in addition to the argument that plaintiff cannot proffer evidence of pretext or that defendant's legitimate, nonretaliatory and non‐discriminatory reason for the August 1, 2019 Adverse Action was false. The ability to provide admissible evidence in support of his arguments for pretext is essential and where plaintiff ultimately fa...