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: ...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...