Excerpt: ...ther witnesses to the alleged property sale agreement. Once plaintiff has obtained discovery responses, the court will hear the merits of the motion to expunge. Explanation: In its order issued after the last hearing, the court was concerned that plaintiff had not had a chance to respond to Ms. Barnett's reply evidence, which raised serious concerns about the credibility of plaintiff's version of events and cast doubt on whether plaintiff was lik...

Excerpt: ...ving party, a defendant bears the initial burden of proof to show that plaintiff cannot establish one or more elements of their causes of action or to show that there is a complete defense. (Code Civ. Proc., § 437c, subd. (p)(2).) Only after the moving party has carried this burden of proof does the burden of proof shift to the other party to show that a triable issue of one or more material facts exists – and this must be shown via specific f...

Excerpt: ...ney's fees. (Civil Code § 1717.) To deny defendant John Wash's motion to strike the entirety of plaintiff's motion. However, the court intends to reduce the amount of fees to be awarded to plaintiff to $6,950. Defendant John Wash shall pay attorney's fees to plaintiff within 30 days of the date of service of this order. Explanation: Under Civil Code section 1717, subdivision (a), “In any action on a contract, where the contract specifically pr...

Excerpt: ...ions may be filed with the motion to expunge the notice. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affected by a motion to expunge the notice. The claimant shall have the burden of proof under Sections 405.31 and 405.32.” (Ibid.) “[T]he court shall order the notice expunged if the court finds that the pleading on which the notice is b...

Excerpt: ...osian Raisin Packing Company, Inc. The causes of action are brought pursuant to the Private Attorneys General Act (PAGA) Labor Code section 2698, et seq. Plaintiff brings the action on behalf of herself and other aggrieved employees of defendant who were employed by defendant between March 17, 2020 and May 21, 2021 as packers, line workers or other similar positions. The complaint alleges six causes of action, all are Violations of PAGA, Labor Co...

Excerpt: ...on any terms as may be proper, allow a party to amend any pleading ... ” (Code Civ. Proc., § 473, subd. (a)(1).) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Cal. Rules of Court, Rule 3.1324 provides that a motion to amend must: (1) include a copy of the proposed amendment, (2) state what allegations in the previous pleading are proposed ...

Excerpt: ... sufficient to constitute a cause of action, as discussed in detail below. (Code Civ. Proc. § 430.10, subd. (e).) To grant the motion to strike the portion of paragraph 17 of the first amended complaint which states, “I am familiar with the owner of Pacific Grain & Foods, LLC, Lee Perkins, the petitioner in this case, as I have witnessed him engage in an unprofessional and aggressive manner toward his employees that was shocking and unforgetta...

Excerpt: ...ontacts with California to justify imposing personal jurisdiction over it. The hearing on Standard's motion will be continued to April 12, 2022 at 3:30 p.m. in Department 403. Explanation: “First, when jurisdiction is challenged by a nonresident defendant, the burden of proof is upon the plaintiff to demonstrate that ‘minimum contacts' exist between defendant and the forum state to justify imposition of personal jurisdiction. The plaintiff ha...

Excerpt: ... purchased wine grapes that were allegedly unusable because of “smoke taint” following the 2017 wildfires in Northern California. Plaintiff contends the smoke taint destroyed the marketability of much of plaintiff's wine and juice, resulting in $14.79 million in actual losses and anticipated future losses of $86.16 million. Four causes of action remain: (6) Negligence against defendant Dalena‐Benick; (7) Breach of Fiduciary Duty against def...

Excerpt: .... To grant defendants' motion for summary adjudication of the third cause of action for defamation. (Ibid.) To grant plaintiff's motion for leave to amend the complaint. (Code Civ. Proc. § 473, subd. (a).) Plaintiff shall serve and file her first amended complaint within 10 days of the date of service of this order. All new allegations shall be in boldface. Explanation: Motion for Summary Judgment/Adjudication: First, defendants move for summary...

Excerpt: ...an Ambulance, et al.'s motion to strike plaintiffs' memo of costs. To grant the motion to tax certain items in the memo of costs, as set forth below. Explanation: 1. Plaintiffs' Motion to Strike or Tax CRNA Bassi's Memo of Costs: Under Code of Civil Procedure section 1032, subdivision (b), “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Cod...

Excerpt: ... party must draft and submit to the court a protective order limiting the disclosure of plaintiff's documents to defendants' counsel and experts, and requiring the destruction of the documents at the end of these proceedings. Plaintiff shall serve further responses in full compliance with Code of Civil Procedure, sections 2031.210 – 2031.230, without objections, and production of all responsive documents no later than 30 court days from the dat...

Excerpt: ...f the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases: (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under appeal. (3) The judgment against appellant is solely for costs awarded to the respondent …” (Code Civ. Proc., § 917.9, subd. (a)....

Excerpt: ...rican Investments to provide further responses to Form Interrogatories – Employment, as specified below. Defendants shall serve their responses no later than 20 court days from the date of this order, with the time to run from the service of this minute order by the clerk. To impose monetary sanctions in favor of Plaintiff Labor Commissioner, and against Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and G...

Excerpt: ...mber 22, 2020 approval of the petition to list the western Joshua tree1 as a candidate species under the California Endangered Species Act, (Fish & G. Code, § 2050, et seq. [“CESA”2 ].) For the reasons set forth below, this court intends to leave the Commission's threshold approval undisturbed and deny the petition for writ of mandate. (Code Civ. Proc., § 1094.5.) Statutory Background The California Endangered Species Act (“CESA”) conta...

Excerpt: ...s. (Code Civ. Proc. § 2033.280.) The discovery cutoff dates and discovery motion cutoff dates had already run before the discovery requests were served, so plaintiff's motion is untimely and must be denied. (Code Civ. Proc. § 2024.020.) Explanation: Under Code of Civil Procedure section 2033.280, If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests...

Excerpt: ... to the declaration of Robert Offerman, paragraphs 1, 2, 8, 9, and 15. All other objections are overruled pursuant to Code of Civil Procedure, section 437c, subdivision (q). To deny moving defendants' motion for summary judgment. (Code Civ. Proc., § 437c, subd. (c).) To grant moving defendants' motion for summary adjudication as it relates to the second and third causes of action. (Code Civ. Proc., § 437c, subd. (f).) The motion is denied as it...

Excerpt: ...r's expert trial witnesses to the following extent: [¶] (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (Code Civ. Proc., § 2034.210, subd. (a).) “The exchange of expert witness information shall incl...

Excerpt: ... specified below. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, Liberty Financial Group in the sum of $333.00, and Great American Investments in the sum of $333.00. (Code Civ. Proc., § 2023.010, subd. (f), (h).) Defendants shall pay the sanctions to plaintiff's counsel within 30 days of the clerk's service of the minute order. Explana...

Excerpt: ...t leave to amend. (Code Civ. Proc., § 430.10, subd. (e). Explanation: The court notes that the complaint does not indicate which causes of action alleged are pertaining to each respective defendant. Thus, the court will only rule on this demurrer as to State Farm as to all causes of action. Plaintiff's Standing to Sue: Defendant State Farm demurs to each cause of action, contending that plaintiff has not alleged sufficient facts to state a valid...

Excerpt: ...nder Code of Civil Procedure section 397, subdivision (a) and Government Code section 12965, subdivision (b)(3). Under Code of Civil Procedure section 397, “The court may, on motion, change the place of trial in the following cases: [¶] (a) When the court designated in the complaint is not the proper court.” (Code Civ. Proc., § 397, subd. (a).) There is no express time limit for moving for a change of venue under section 397, and courts sho...

Excerpt: ... Documents, set one, nos. 1‐7 and 10‐12. The motion is denied as to demand nos. 8 and 9. Defendants shall each serve further verified responses without objections and produce all responsive documents to demand nos. 1‐ 7 and 10‐12 within 30 days of service of the order by the clerk. To impose monetary sanctions in favor of plaintiff Labor Commissioner, and against A.J. Rassamni in the sum of $333.00, Sharon Rassamni in the sum of $333.00, ...

Excerpt: ... Inc. (“Toyota”) shall serve verified supplemental responses without objections within 20 days of the date of service of this order. Explanation: On April 29, 2021, plaintiffs propounded its Request for Production of Documents, Set One (“RFPD, Set One”), containing 53 requests, to Toyota. On June 1, 2021, Toyota served its responses, including objections, to each of the 53 requests. On August 31, 2021, plaintiffs requested a Pre‐trial D...

Excerpt: ...and for Inspection of Documents, Set One, is rendered moot by plaintiff's response to the discovery request, served on November 16, 2021. To grant defendant's motion to compel further responses to defendant's Demand for Inspection of Documents, Set Two as to Request Nos. 12‐14 and 16‐24. Plaintiff shall serve further responses in full compliance with Code of Civil Procedure, sections 2031.210 – 2031.230, without objections, and produce all ...

Excerpt: ... days after the ten‐day deadline for filing an amended complaint set by the court's order after it granted the last motion to strike. Under Code of Civil Procedure section 436, subdivision (b), “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: … (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rul...