Excerpt: ...set in boldface type. Explanation: The Fair Employment and Housing Act ("FEHA") exempts religious associations or corporations which are not orgarized for private profit. (Gov. Code, S 12926, subd. (d).) Plaintiff argues that religious organizations are subject to FEHA, and that if they are not, then the doctrines of waiver and estoppel act to make defendant subject to FEHA as if the exemption did not apply. Essentially, plaintiff argues that def...

Excerpt: ...ve and file supplemental opposition by the close of business on February 15, 2024. Defendant shall serve and file its supplemental reply by the close of business on February 22, 2024. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiff's claims for breach of express and implied warranties under the Song-Beverly Consumer Warranty Act. (Civil Code, S 1790, et seq.) Defend...

Excerpt: ... aside or judgment is entered (i.e„ giving the defendant the right to appeal). (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.) Due process would not be served by allowing plaintiffs to give the defendant notice of a motion when defendant's right to defend herself regarding that motion had already been cut off. Further, Plaintiffs have already been told, via the court's Order Denying Application for Default Judgmen...

Excerpt: ...intervene where the nonparty "claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties." (Code Civ. Proc., S 387, subd. (d)(1)(B).) Where the court finds the nonparty's interests are a...

Excerpt: ...tories, Set One and Request for Production of Documents, Set One, and to Establish Admissions Propounded on Defendant Samat Sok Kim and Request for Monetary Sanctions Tentative Ruling: To grant all motions. (Code Civ. Proc., SS 2030.290, 2031.300, 2033.280.) Within 20 days of service of the order by the clerk, defendants Jung Jay H. Kim and Samat Sok Kim shall serve objection-free responses to Form Interrogatories, Set One, and Request for Produc...

Excerpt: ...for sanctions against defendant. To grant defendant's request for monetary sanctions against plaintiff and his attorney, in the amount of $440. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: under Code of Civil Procedure sections 2030.300, subdivision (c), and 2031.310, subdivision (c), unless notice of the motion to compel further responses is given within 45 days of the service of th...

Excerpt: ... method of discovery and disobeying court order to provide discovery. The clerk is directed to enter the defaults of Joshua Mitchell and JDM Landscape, Inc. To take the motion to compel and motion to strike off calendar as moot in light of the grant of terminating sanctions. Explanation: On 6/21/23, the court granted plaintiffs' motion to compel JDM Landscape, Inc., to serve verifications to Form Interrogatories, Set One, and Request for Producti...

Excerpt: ...on: Defendant's Procedural Objections: First, to the extent that defendant argues that the court should refuse to hear the merits of the moton to strike because of various procedural defects, the court will overrule the objections and hear the merits of the motion. Defendant argues that the motion was not properly served on defense counsel by electronic delivery, as plaintiff served the motion on the wrong email address. However, defendant has wa...

Excerpt: ...in's lymphoma ("NHL"), while employed by BNSF Railway Company. As applicable here, plaintiff seeks to hold Monsanto Co. responsible for his NHL, asserting eight claims against it: (1) strict liability failure to warn; (2) strict liability — design and manufacturing defect; (3) breach of express warranty; (4) breach of implied warranty; (5) negligence; (6) negligent misrepresentation; (7) fraud (intentional misrepresentation); and (8) fraud by c...

Excerpt: ...alian shall serve and file an amended complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: Demurrer Defendant GM demurs to the fifth cause of achon for "Fraudulent Inducementconcealment" on the basis that it is barred by the three-year statute of limitations. (Code Civ. Proc. S 430.10, (e).) Plaintiff purchased a 2017 GMC Sierra 1500 truck on April 19, 2017 and this action was...

Excerpt: ...notice of this proceeding. A writ of execution may be obtained through an ex parte application, however, "a taking such as that inwlved in claim and delivery procedure violates due process if it occurs prior to a hearing on the merits unless justified by weighty state or creditor interests." (Blair v. Pichess (1971) 5 Cal.3d 258, 278; see also Sea Rail Truckloads, Inc. v. Pullman, Inc. (1982) 131 Cal.App.3d 511, 515 ["An ex parte writ of possessi...

Excerpt: ...shall examine into and determine the plaintiff's title against the claims of all the defendants, and require evidence of plaintiff's title and hear such evidence as may be offered respecting the claims of any of the defendants. Civ. Proc. S 764.010.) A plaintiff seeking to quiet title shall name as defendants in the action the persons having adverse claims to the title of the plaintiff against which a determination is sought. (Code Civ. S 762.010...

Excerpt: ...gation "for poor performance." To grant the motion to strike part of paragraph 22, page 5, lines 21- 27, starting with "However..." and ending with "...co-owned." To grant the motion to strike part of paragraphs 40 and 73, specifically the allegation "Since the 1940s." To deny the rest of the moton to strike. To deny leave to amend. Explanation: Demurrer: Plaintiffs first argue that the defendants' quiet title claims all fail to state valid cause...

Excerpt: ...2003) 113 Cal.App.4th 181, 186.) The court engages in a two-step process in determining whether an action is subject to the anti- SLAPP statute: first, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity. If the court finds such a showing has been made, it then determines whether plaintiff has demonstrated a probability of prevailing on the claim. (Code Civ. P...

Excerpt: ... only production of plaintiff's medical records related to her June 2021 hospitalization for low sodium levels, and her subsequent stay in the skilled nursing facility, as well as records related to her claimed injuries from the subject fall. To deny both parties' request for sanctions against each other. Explanation: First, to the extent that defendant contends that the plaintiff's motion is procedurally defective because she did not file a requ...

Excerpt: ...ss 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, 93-95.) "Class certification requires proof (1) of a suffciently numerous, ascerta...

Excerpt: ...or (b). The supplemental briefs are due simultaneously on December 1, 2023 and are not to exceed 10 pages. Explanation: This motion arises out of a wrongful death claim brought by decedent's spouse. The petition to intervene is brought by decedent's mother, Suzanne Lagay. Intervention is the by which a non-party to an action may become a party. (See Code Civ. Proc., S 387.) Interventon may be as of right or permissive. (Ibid.) A nonparty has the ...

Excerpt: ...n Slatic unless responses in substantial conformity with Code of Civ-l Procedure section 2033.220 are served prior to the hearing. To impose monetary sanctions in the total amount of $60 against plaintiff Kathleen Slatc, in favor of defendant Daniel Ashley. Within thirty (30) days of service of the order by the clerk, plaintiff Kathleen Slat-ic shall pay sanctions to defendant Daniel Ashley's counsel. Explanation: On December 23, 2022, the discov...

Excerpt: ...2030.300 on the basis that "[p]laintiff[s] failed to or to submit to an authorized method of discovery, made evasive responses to discovery (Notice of Motion, at p. 2:11-13.) Defendant's separate statement, however, shows that plaintiffs responded to each of the subject requests for admissions with straight forward denials and factual replies, and which, in particular, identified nonparty Ken Boyd as their intermediary with defendant and primary ...

Excerpt: ... Fresno County Superior Court Case Number 22CECG019861 , which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed the stop sign at the intersection, precipitating the subsequent collision. Defendant Singh fled t...

Excerpt: ...ement amount is $182,915.07. A revised proposed order shall be submitted to this department, with all dollar amounts filled in, within 5 days of the clerk's service of this order. To set a hearing at November 6, 2024, at 3:30 p.m. in Department 403 as a hearing date for an Amended Judgment pursuant to Cuie of Civil Procedure section 384. A verified report of payouts of settlement funds and a proposed amended judgment shall be submitted no later t...

Excerpt: ...ant Student Transportation of America, Inc. (STA) in part. To order STA to provide verified responses to the interrogatories and requests for to the extent that it provided substantive responses to the interrogatories and requests. STA shall serve verified responses within 10 days of the date of service of this order. To grant the motion deeming STA to have admitted the truth of the matters in the requests for admission to the extent that STA ser...

Excerpt: ...t (1987) 43 Cal.3d 833 (Vinson), the California Supreme Court rejected the plaintiffs claim that her mental condition was not placed "in controversy" by her allegation of continuing emotional distress. "[Clourts must balance the right of civil litigants to discover relevant facts against the privacy interests of persons subject to discovery. ' (ld. at p. 842.) "[A] party who chooses to allege that he has mental and emotional difficulties can hard...

Excerpt: ...be filed within ten (10) days from the date of this order. The new amendments shall be in bold print. Explanation: Exhaustion of Administrative Remedies "In general, a party must exhaust administrative remedies before resorting to the courts." (Coachella Valley Mosquito & Vector Control Dist. v. California Public Employment Relations Board (2005) 35 Cal.4th 1072, 1080.) Furthermore, "[w]here administrative remedies exist, California courts usuall...

Excerpt: ... its answer to the Complaint within 10 days of service of the order by the clerk. Explanation: It is "the established rule that as against a general demurrer a complaint will be liberally construed that any mere ground of special demurrer for uncertainty will be resolved in support of the complaint and the demurrer overruled, when the necessary facts are shown to exist, although inaccurately or ambiguously stated, or appearing only by necessary i...

Excerpt: ...nary 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 pro#r. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (rev. denied); see also Newberg, Newberg on Class Actions (T. R. Westlaw, 2017) Section 7:3: "The parties' representation of an uncontested motion for cl...

Excerpt: ...ng's Commercial Transfer, Inc. ("YCT) filed the instant action and were later named as defendants in Fresno County Superior Court Case Number 22CECG01986, which was consolidated with this lead case. Both cases arose out of a head-on motor vehicle accident involving two big rigs at the intersection of Highway 33 and Panoche Road, in Fresno County. Prior to the collision, another big rig, operated by defendant Harjot Singh, allegedly failed to heed...

Excerpt: ...s, Angel Gomez and Tomas Gomez who owned the property as joint tenants, and accomplished the transfer through a Grant Deed from Angel Gomez to himself and a Grant Deed from defendant Tomas to plaintiff executed by attorney Thornton Davidson as Attorney-in-Fact for defendant. (Complaint, '14.) Plaintiff has not submitted evidence to support these asserted facts to establish his right to legal title to the property. The evidence plaintiff has submi...

Excerpt: ...ions as set forth below. To grant the motion to compel further verified response to Demand for Production, Set One. Within 20 days of service of the order by the clerk, plaintiff shall provide a second amended response to each document demand and produce all responsive documents, if they have not pr(Nluced already. To impose $3,120 in monetary sanctions against plaintiff Megan Zupancic and in favor of Platinum Coast Inc., to be paid to Platinum C...

Excerpt: ..., "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, ora mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an ...

Excerpt: ...dard for Awarding Attorney's Fees Probate Code section 4545 provides that when a challenge is made to a power of attorney by someone other than the attorney in fact, "the court may in its discretion award reasonable attorney's fees" to the attorney in fact, if the court determines that the proceeding was commenced without any reasonable cause." The Probate Code does not define reasonable cause" as it is used in section 4545. However, California c...

Excerpt: ... claims from arbitration. To dismiss the plaintiff's class claims. To stay the litigation of the PAGA claim until the arbitration has been resolved. Explanation: Pursuant to California Code of Civil Procedure secton 1281.2, "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner ...

Excerpt: ...d Avenue, Fresno, California 93726 (the "Property"). Plaintiff alleged having exclusive, complete, open, continuous and notorious possession of the property for more than five years. Plaintiff now seeks summary judgment. A party may move for summary judgment in an action if is contended that there is no defense to the action. (Code Civ. Proc. S 437c, subd. (a)(l).) Notice of the motion and supporting papers shall be served on all other parties to...

Excerpt: ....App.4th 224, 240; see Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1803, fn. 9.) The trial court has a "fiduciary responsibility" as the guardian of the absentee class members' rights to decide whether to approve a settlement of a class action. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 95.) A precertification settlement may stipulate that a defined class be conditionally certified for settlement purposes. The court may make an o...

Excerpt: ...lass Certification The court has already granted the motion for preliminary approval and certification of the class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court certifies the class for the purpose of final approval of the settlement. 2. Se...

Excerpt: ...Explanation: Under Government Code section 911.2, subdivision (a), a plaintiff alleging a claim against a government entity must present their claim within six months of the accrual of the cause of action. "A cause of action for childhood sex molestation generally accrues at the time of the alleged molestation." (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 910.) In Shirk v. Vista Unified School District (2007) 42 Cal.4th 201, the California Sup...

Excerpt: ...s. (Code Civ. Proc., S 2025.450, subd. (c)(l).) In the event that plaintiff refuses to agree upon a date then the date shall be unilaterally set by defendants' counsel. To deny the request to impose $713M in monetary sanctions (as a cost reimbursement) because due process requires that the request appear on the caption page of the notce of moton. Explanation: The motion is brought pursuant to Code Civ. Proc., S 2025.450. Subdivision (a) thereof p...

Excerpt: ...efendant's failure to obey the court's order entered on March 29, 2023, which issued from plaintiff's unopposed motion to compel initial responses to discovery. The order required defendant Hollly-Ray to serve initial responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents (all set one), and required defendant and her attorney, Brian Folland, to pay (jointly and severally) monetary sanctions in the amou...

Excerpt: ...furcated as follows: should a jury find liability on the cause of action for defamation and liability for punitive damages, the parties will then present evidence on punitive damages. (Civ. Code S 3295, subd. (d).) To deny defendant's motion for to require plaintiff to post security for costs. (Code Civ. Proc. S 1030.) Explanation: Motion to Bifurcate Punitve Damages Civil Code section 3295, subdivision (d) provides in relevant part: "The court s...

Excerpt: ...t be set in boldface type. Explanation: The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his complaint. (Highlanders, Inc. v. Olsan (1978) ...

Excerpt: ...fendant's Person Most Knowledgeable ("PMK") and for production of documents. Plaintiff's counsel asserts that defendant was served with a deposition notice on January 6, 2023. However, the notice attached to counsel's declaration is signed November 14, 2022 for a deposition scheduled for February 23, 2023. (Kreymer Decl., 2 and Exh. 1.) Notably, no proof of service accompanies this notice. Defense counsel asserts that November 14, 2023 plaintiff ...

Excerpt: ... causes of action. To deny the moton to strike portions of the complaint, in its entirety. To deny the motion to deem the matters in the requests for admission, sets one and two, to be admitted, as plaintiff has now served code-compliant responses. To grant sanctions against plaintiff's former counsel, Brian Folland, in the amount of $800. Mr. Folland shall pay sanctions to defendants within 30 days of the date of service of this order. If oral a...

Excerpt: ...ivative claims on behalf of Williams & Doris Land & Energy and Oil City LLC (referred to collectively as the "WLDE Defendants"). WLDE Defendants move to require plaintiff to post a $50,000 bond pursuant to Corporations Code section 17709.02, subdivision (b). Within 30 days after service of summons on a limited liability company, the company may move the court for an order requiring the plaintiff to furnish security. (Corp. Code, S 17709.02, subd....

Excerpt: ...ons of the First Amended Complaint ("FAC") pursuant to Code of Civil Procedure section 418.10, subdivision (a)(l). In the alternative, Defendant seeks to set aside the entry of default against her.l Code of Civil Procedure section 418.10, subdivision (a)(l) provides that a defendant, on or before the last day of his or her time to plead or within any further time that the court may for cause allow, may serve and file a notice of motion to quash s...

Excerpt: ...he motion to strike without leave to amend. If oral argument is timely requested, it will go forward Wednesday, October 18, 2023, at 3:30 p.m., in Dept. 403. Explanation: Self-represented plaintiff Victor M. Alvaro Garcia filed a three-page Judicial Council form complaint against defendant Carmen Elizabeth Tharp. The defendant demurs to the complaint on the ground that it lacks the necessary allegations to state a cause of action against her. Mee...

Excerpt: ...uent bad faith denial (in part) of his insurance policy claim. The complaint includes the following causes of acton: breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiff seeks the following: general, special, economic, and consequential damages (according to proof), puritive damages, attorney's fees, costs, and pre-judgment interest. Defendant filed its motion to strike with regard to Paragraph 34 (Page ...

Excerpt: ...two on the back, but here counsel has not signed any of the lines. The form is mandatory and must accompany every default judgment application. (Cal. Rules of Court, rule 3.1800(a).) Therefore, since the request for default judgment is incomplete, the court cannot grant the application. Also, while plaintiff's CEO, Richard Torosian, has provided a declaration summarizing the amount of damages, which are based on the unpaid shipping invoices, Mr. ...

Excerpt: ... which contained an arbitration clause. Problems with the vehicle ensued, and this "lemon law" action was filed on November 8, 2022, against Kia, but not the seller. The Complaint alleges the following causes of action: (1) Violation of the Song-Beverly Act— Breach of Express Warranty; (2) Violation of the Song-Beverly Act— Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act section 1793.2. Kia now moves to compel arbitratio...

Excerpt: ...n ten (10) days from the date of this order. Explanation: Plaintiff's allegations of medical negligence typically require competing expert opinion to defeat a motion for summary judgment. (See Nieto v. Blue Shield of California Life & Health Ins. Co. (2010) 181 Cal.App.4th 60, 75; Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1001.) In other words, defendant is entitled to summary judgment and the motion must be grant...

Excerpt: ...fornia, Inc. and Javier Rene Gonzalez-Martinez are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: Plaintiff Emma Kormas ("Plaintiff") filed a First Amended Complaint ("FAC") for eight causes of action: 1. Intentional Misrepresentation; 2. Negligent Misrepresentation; 3. Breach of Fiduciary Duty; 4. Financial Elder Abuse; 5. Negligence; 6. Negligent Supervision and Training; 7. Concealment; and...

Excerpt: ...e clerk. Explanation: Initially the court notes that in previously granting leave to amend, plaintiff was directed to place all new allegations in boldface type. Plaintiff did not follow this direction. In the future please place new allegations in boldface type when requested, to facilitate the evaluation of such a long amended pleading. Also, plaintiff's opposition brief does not have page numbering, as required by Cal. Rules of Court, rule 2.1...

Excerpt: .... To impose monetary sanctions in the amount of $6,825 against defendant South Bay Safety Inc. (not its attorney). Defendant South Bay Safety Inc. (not its attorney) shall pay the monetary sanctions to plaintiff's counsel within thirty (30) days from the date of this order. If a timely request for oral argument is made, such argument will be entertained on Friday, October 6, 2023, at 10:30 a.m. Explanation: Code of Civil Procedure secton 2023.010...

Excerpt: ...grant the motion to strike with ten (10) days leave to amend which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To find that defendants adequately attempted to meet and confer with plaintiffs' counsel, who effectively refused to do so. Explanation: The express basis for the defendants' demurrer is that the complaint and each of its causes of action fail to state sufficient facts to...

Excerpt: ... allegations/language must be set in boldface type. Explanation: Demurrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumlee v. Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the court does not concern itself with the issue of plaintiff's possible difficulty or inability in proving the allegations of his co...

Excerpt: ...ll new allegations shall be placed in boldface type. Explanation: Housing Authority's Demurrer The Housing Authority of the City of Fresno demurs on the ground that plaintiff fails to plead compliance with the claim presentation requirements. The Complaint alleges that Fresno Housing Authority is a public entity. (See Complaint, 5(a).) Compliance with the claim filing requirements (i.e., Gov. Code, SS 910, 912.4, 912.8 and 945.4) is an essential ...

Excerpt: ...shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) The statute does not explain what exactly the trial court should consider when reviewing a proposed PAGA settlement. However, recently the Court of Appeal in Moniz v. Adecco USA, Inc. (2021) 72 Cal.App.5th 56 did provide some guidance. The court explained that "many federal district courts have applied the 'fair, reasonable, an...

Excerpt: ...o, City of Fresno Code Enforcement Division and John Giannetta's demurrer to the Second Amended Complaint, with leave to amend. (Code Civ. Proc. S 430.10, subd. Plaintiffs Bryce D. Hovannisian and Lindsay E. Hovannisian shall serve and file an amended complaint within ten (10) days of the date of service of this order by the clerk. All new allegations shall in boldface. Explanation: Defendants Fresno County Tax Collector Oscar Garcia ("Garcia"), ...

Excerpt: ...It argues that its attorney, Sumair Sandhu, had intended to file a demurrer and/or a motion for change of venue, but another attorney at the defense firm instead mistakenly filed the answer and crosscomplaint. Declarations from both defense attorneys are presented in support of the motion. While the court does not doubt counsels' contention that an excusable mistake was made, and it also agrees with the reply argument that there has been no unrea...

Excerpt: ...serve and file supplemental opposition by the close of business on December 7, 2023. Defendant shall serve and file fts supplemental reply by the close of business on December 15, 2023. The trial date of October 30, 2023 is off calendar. Explanation: Defendant General Motors has moved for summary judgment, or in the alternative summary adjudication of the plaintiffs claims for breach of express and implied warranties under the Song-Beverly Consum...

Excerpt: ...ance Corporation are directed to file an answer within ten days of service of the minute order by the clerk. Explanation: The court initially notes defendants Sordi Properties and The La Hacienda Condominiums Maintenance Corporation, erroneously sued as La Hacienda Condominiums Maintenance Group, (collectively "Defendants") failure to demonstrate compliance with Code of Civil Procedure section 430.41, subdivision (a), which requires parties to me...

Excerpt: ...rocedure. Once a motion to compel answers is granted, continued failure to respond or inadequate answers may result in more severe sanctions, including evidence, issue or terminating sanctions, or further monetary sanctions. (Code Civ. Proc. SS 2030.290, subd. (c), 2031.300, subd. Sanctions for failure to comply with a court order are allowed only where the failure was willful. (R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 cal.App.4th 4...

Excerpt: ...d conditionally under seal (and served as set forth in the Rules). Other particulars required on a motion to seal are set forth in the Rules. The court will not address the merits until the moton is correctly filed and the Rules of Court are properly followed. (See Cal. Rules of Court, Rules 2.550-2.551.) Furthermore, it should be noted that the proposed sealing must be narrowly tailored, since sealing court records conflicts with the First Amend...

Excerpt: ...v. Proc„ SS 436, subd. (a); 431.10, subd. (c)), and, as recogn-zed in plaintiff's opposition, it is "[t]he policy of the law [l to construe the pleadings "liberally 'with a view to substantial justice.' (Citation.)" (Opp. at p. 2:27- 28.) It is also well settled that "[o]nce the employer admittedly becomes vicariously liable for the negligent acts of the employee, there is no remaining basis at a future trial to attempt to prove the negligence ...

Excerpt: ...timony by defendant Susan Patten ("Defendant") in an underlying probate proceeding. The Complaint states five causes of action: (1) abuse of process; (2) breach of contract; (3) constructive trust; (4) fraudulent inducement; and (5) intentional infliction of emotional distress. Defendant brings the present special motion to strike ("anti SLAPP") against the entirety of the Complaint pursuant to Code of Civil Procedure section 425.16. A SLAPP suit...

Excerpt: ...ive damages allegations, once plaintiff has obtained discovery of further facts warranting punitive damages. Defendants shall file their answer(s) to the FAC within 10 days of service of the order by the clerk. Explanation: "The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out al...

Excerpt: ...ee-prong analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movant's favor; and determining whether the opposition demonstrates the existence of a triable issue of material fact. (Hutton v. Fidelity National Title Co. (2013) 213 Cal.App.4th 485, 493.) The moving party bears the burden of showing the court that t...

Excerpt: ... However, "[al motion for summary 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 S 437c(f)(1); see also Catalano v. Superior Court (20CO 82 Cal.App.4th 91, 97 [piecemeal adjudication prohibitedl.) The ultimate burden of persuasion rests on defendant, as the moving party. The initial burden of production is on defendant to show by a preponde...

Excerpt: ...ded Cross-complaint, which will run from service by the clerk of the minute order. New allegations/language must set in boldface type. Explanation: Cross-Defendant SpotOn Transact, LLC ("SpotOn") demurs to the third and fourth causes of action in cross complainants' second amended cross-complaint (SACC) on the basis that each falls to state facts sufficient to state a cause of action. (Code Civ. Proc. 5430.10, subd. (e).) Additionally, SpotOn dem...

Excerpt: ...or Production of Documents (set three) within twenty (20) days from the date of this order. Plaintiff Kathleen Slatic shall pay monetary sanctions of $807.50, payable to counsel for Daniel Ashley within twenty (20) days from the date of this order. To set a status conference on Tuesday, November 13, 2023 at 3:30 p.m. in Dept. 403 re compliance with this order and the imposition of issue/terminating sanctions. On or before November 1, 2023 Plainti...

Excerpt: ...herein on October 5, 2022. Plaintiff's complaint, against each of the other drivers, alleges a claim for negligence resulting in personal injury and property damage. On November 8, 2022, defendant Macias filed his general denial and asserted six (6) affirmative defenses. Subsequently, the parties entered into a stipulation whereby plaintiff was to file a first amended complaint. On March 30, 2023, defendant Mac:ias filed his answer to the first a...

Excerpt: ...Kræker, M.D. ("Defendant") brings the present general demurrer as to the first cause of action, for medical battery, for failure to state facts sufficient to constitute an action. On a demurrer a court's function is limited to testing the legal suffciency of the complaint. A demurrer is simply not the appropriate procedure for determining the truth of disputed facts. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113-...

Excerpt: ...Group, LLC's Answer to Complaint filed on January 20, 2022; (2) PEP Partners, LLC's and LJ88C Group, LLC's Crosscomplaint filed on January 20, 2022; and (3) PEP Partners, LLC's and UBBC Group, LLC's Answer, filed on May 17, 2022, to Cross-complaint of Green Capital Investments, LLC and Green Capital Management Services, Inc. The court also enters the defaults of PEP Partners, LLC and UBBC Group, LLCto the complaint of plaintiff West Elm, LLC, and...

Excerpt: ...t against plaintiff and cross-defendant Michael Menefee ("Cross-Defendant") regarding the use and enjoyment of 9714 South Leonard Avenue, Selma, California (the "Property"). Cross-complainants bring two causes of action of assumpsit, for unpaid rent, and for unjust enrichment. Cross-Defendant brings the instant demurrer to the Cross-complaint on several grounds: (1) the first cause of action fails to state the nature of the contract; (2) the firs...

Excerpt: ... exercise of the constitutional rights to petition or engage in free speech. (Code Civ. Proc., 5425.16, subd. (a).) plaintiffs/crossdefendants prevailed on their ant-SLAPP motion as to the defendant/crosscomplainant's cross complaint. The prevailing defendant on a special motion to strike "shall be entitled" to recover his or her attorney fees and costs, and this fee award is mandatory. (Code Civ. Proc., S 425.15, subd. (c); Ketchum v. Moses (2W1...

Excerpt: ...e section 877.6, "Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notce in the manner provided in subdivision (b) of Section 1005." (Code Civ. Proc. S 877.6(a)(1).) "The issue of th...

Excerpt: ...f's evidentiary objections to portions of the Alejandra Garcia Declaration, the court is not making a ruling as to paragraph 9 as the court is not considering the 2009 agreement. The court is sustaining the objections to paragraphs 10 and 13. The court is overruling the objection to paragraph 11, with the exception of the words, "...that had been enclosed with the Memo..." Explanation: Under the Federal Arbitration Act ("FAA"), A written provisio...

Excerpt: ... judgment consistent with the summary judgment rulings within ten (10) days from the date of this order. Explanation: 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); Schacter v. Citigroup (2009) 47 Cal.4th 610, 618.) "A motion for summary adjudication shall be granted only if it completely disposes of ...

Excerpt: ...ense to the complaint." (Code Civ. Proc., S 438, subd. (c)(1)(A).) Like a demurrer, a motion for judgment on the pleadings attacks defects disclosed on the face of the pleadings or by matters that may be judicially noticed. (Alameda County Waste Management Authority v. Waste Connections US, Inc. (2021) 67 Cal.App.5th 1162, 1173- 1174.) A motion for judgment on the pleadings is similarto a demurrer in most respects. (Ibid.) Except as provided in t...

Excerpt: ...t One) admitted. The truth of the matters specified in the Requests for Admissions are to be deemed admitted unless defendant Alan Stark serves, before the hearing, a proposed response to the Requests for Admission that is in substantial compliance with Code of Civil Procedure section 2033.220. To grant monetary sanctions against defendant Alan Stark in the total amount of $510. Monetary sanctions are ordered to be paid within 30 calendar days fr...

Excerpt: ...grant the motion for protective order. (Code Civ. Proc. SS 2030.090, subd. (b)(3) and 2031.060, subd. (b)(2).) Defendant shall serve responses to Form Interrogatories, Set One, Request for Production of Documents, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set Two, within 10 days of service of the minute order. To impose monetary sanctions in favor of defendant Foster Poultry Farms, LLC and against plainti...

Excerpt: ...uding any party to the action" (Code Civ. Proc., S 2025.010), "[e]ach of the statutes governing discovery contains a provision that requires that the parties, prior to invoking the assistance of the court, attempt to informally resolve their discovery disputes." (Townsend v. Superior Court (1998) 51 Cal.App.4th 1431, 1436-1437, emphasis added.) This requires an "an earnest attempt to resolve impasses in discovery." (ld. at p. 1438.) Trial in this...

Excerpt: ...moving for summary judgment bears the initial burden to show either that one or more elements of plaintiff's cause of action cannot be established or that there is a complete defense thereto. Civ. Proc. S 437c, subd. Aguilar v. Atlantic Richfield (2001) 25 Cal.4th 826, 850.) If defendant carries this initial burden of production, the burden of production shifts to plaintiff to show that a triable issue of material fact exists. Plaintiff does this...

Excerpt: ... and serve the corrected documents no later than Tuesday, August 15, 2023. Explanation: Notice of Motion A notice of motion must state in the first paragraph exactly what relief is sought and on what grounds the relief is sought. (Code Civ. Proc., S 1010; Cal. Rule of Court, rule 3.1110(a); see People v. American Sur. Ins. Co. (1999) 75 CA4th 719, 726.) The court cannot grant different relief, or relief on different grounds, than stated in the no...

Excerpt: ...n for protective order is denied for a number of reasons. First, the motion is procedurally improper. The motion is brought pursuant to Code of Civil Procedure section 2030.090, bringing within the scope of Local Rule 2.1.17. Plaintiff never filed a request for pretrial discovery conference. Second, the motion is untimely. A moton for protective order is to be made promptly, before the 30-day period within which to respond to the discovery. (Code...

Excerpt: ...serve a supplemental declaration addressing the amount of attornevs fees no later than August 2, 2023. Cross- complainant may also file a supplemental declaration and a supplemental brief no later than August 3, 2023. Any supplemental brief shall not exceed five pages. To sustain cross-defendant's evidentiary objections as to the Schwinn Declaration paragraphs 7 and 8 and the Request for Judicial Notice paragraphs 4 through 29 and Exhibits 1 thro...

Excerpt: ...ence to alienate her from plaintiff For convenience, the court will refer to plaintiff Erin Stratte as Erin and defendant Eric Stratte as Eric. The Complaint includes a cause of acton under the False Claims Act brought on behalf of the State of California. The claim is based on the allegation that defendants presented a false claim to the State to defraud decedent out of her CalPERS pension and medical benefits. On April 11, 2023, Eric was served...

Excerpt: ...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.) This case is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. S 1, et seq. Section 2 of the FAA provides for enforcement of arbitration provisions in any co...

Excerpt: ... filed on March 9, 2023, for the reasons explained below, and the clerk is directed to remove "Yolanda Cardenas as Executor of the Estate of David Cardenas, Deceased" from being designated as Doe 1 in this action. Explanation: Plaintiff filed opposition to this motion very late, namely on July 17, 2023. That was only three court days before the date initially set for hearing.l The court has discretion to refuse to consider papers filed after the ...

Excerpt: ... Department 403, to allow Defendants/cross-complainants' PEP Partners, LLC and UBBC Group, LLC one last chance to retain new counsel, and to file written notice of new counsel's contact information on or before Friday, September 1, 2023. If new counsel is not retained, the court intends to grant this motion in all respects. Explanation: A corporation is not a natural person, and therefore cannot appear in an action in propria persona, but instead...

Excerpt: ...proceeding." "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. (Code Civ. Proc., S 1032, subd. (a)(4).) Defendant was the "prevailing party" in the litigation. The court granted summary judgment in favor of the Ci...

Excerpt: ...248, 254, 57 s.ct. 163, 81 L.Ed. 153, explained, 'the power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants" (St. Paul Fire and Marine Insurance Company v. AmerisourceBergen Corporation (2022) 80 Cal.App.5th 1, 13—14, citations omitted.) Also, under Code of Civil Procedure section 923, the tria...

Excerpt: ...nd. To sustain defendant Next Green Wave, LLC's demurrer to the first and second causes of action, with leave to amend. To grant defendant Next Green Wave, LLC's motion to strike the prayer for attorneys' fees and the prayer for punitive damages. Plaintiff shall serve and file his Second Amended Complaint within ten (10) days of the date of service of this order. All new allegations shall be in boldface. Explanation: The function of a demurrer is...

Excerpt: ...mages from the complaint. To grant leave to amend the complaint. Plaintiff shall serve and file her first amended complaint within 10 days of the date of service of this order. All new allegations shall in boldface. Explanation: In order to seek punitive damages, the plaintiff must allege facts showing that the defendant was guilty of fraud, malice, or oppression. (Civil Code S 3294, subd. Also, "[aln employer shall not be liable for damages purs...

Excerpt: ...ourt intends to overrule the demurrer to the other affirmative defenses. Defendant shall serve and file its first amended demurrer within ten days of the date of service of this order. All new allegations shall be in boldface. Explanation: under Code of Civil Procedure secton 430.20, "A party against whom an answer has been filed may object, by demurrer as prov-ded in Section 430.30, to the answer upon any one or more of the following grounds: (a...

Excerpt: ...ising out of Cuttone's representation of Guadalupe Villagomez, plaintiffs mother, against plaintiff, Villagomez Farms, lnc„ 2 Boyz, Inc., Stella Villagomez, All Ag, Inc., and Frank Villagomez in the related action Villagomez v. Villagomez, et al., case no. filed February 15, 2022. ("The Elder Abuse action." ) However, plaintiff has failed to demonstrate that he has standing to move for the disqualification of Cuttone or his firm, as Leonel Vill...

Excerpt: ...ed in opposition to the motion to compel that the motion is untimely, since plaintiff did not file it within 60 days of the date when the record was completed, which defendant claims is the date it served its objections to the deposition notice. (Code Civ. Proc. S 2025.480, subd. (b); Unzipped Apparel v. Bader (2007) 156 Cal.App.4th 123, 115-118.) However, defendant is incorrect. Defendant relies on Code of Civil Procedure section 2025.480, which...

Excerpt: ...ections Initially, the court notes that it sustains Defendants' objections 5, 7, 8, 11,12, 14, 15, 16, 17, 19, and 20to the declaration of Russel Martone, filed May 24, 2023. The remainder of the objections are overruled. Merits In considering whether to issue a preliminary injunction, the court should consider (1) the likelihood that the moving party will prevail on the merits at trial, and (2) the interim harm that the moving party is likely to...

Excerpt: ...77, 78 and 80 of Plaintiff's request for production of documents, set three within twenty (20) days from the date of this order. Explanation: Discovery requests are generally afforded liberal construction. (See Code of Civ. Proc., S 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541.) A motion seeking further responses in a request for further production of documents "shall set forth specific facts showing cause justifying the discove...

Excerpt: ...e Whelan Decl.; Jenkins Decl.) While there has been much discussion between counsel, it is apparent that the parties had arrived at an impasse. The court finds that the parties have sufficiently engaged in the meet and confer process. Merits Request Numbers 40, 42, and 43—Waiver of Privilege The primary issue with these requests appears to be the existence of an "ADA List" which is referenced in defendant's produced documents, but was not itsel...

Excerpt: ...s and their attorneys. Explanation: under Code of Civil Procedure section 1008, subdivision (a), a party moving for reconsideration of a court order must show that there are "new or different facts, circumstances, or law" that justify reconsideration of the order. (Code Civ. Proc. S 1008, subd. (a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were ma...