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...

Excerpt: ...order. All new allegations shall be in boldface. Explanation: Plaintiffs' third cause of action alleges that defendant AAA Tree Service, LLC made a fraudulent promise without the intent to perform it. "'Promissory fraud' is a subspecies of the action for fraud and deceit. A promise to do something necessarily implies the intention to perform; hence, where a promise is made without such intention, there is an implied misrepresentation of fact that...

Excerpt: ... Jones ("Jones") argues that the defendant Daniel Ash ey's ("Ashley") present motion is untimely, the motion is timely. As Ashley states, the deposition occurred on August 2, 2022. Following meet-and-confer efforts, documents responsive to the disputed Deposition Request for Production No. 3 were produced on January 11, 2023. Pursuant to the parties' agreement, all compel deadlines were to be calculated from the January 11, 2023 production date. ...

Excerpt: ...e extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anpne engaging in conduct that is a misuse of the discovery process: * * * (d) The court may impose a terminating sanction by one of the following orders order dismissing the action or any ...

Excerpt: ... 17, and 19, subject to the discussion below. The court will allow defendant to raise objections as to closed session meetings, deliberative process privilege, and attorney-client privilege where appropriate, subject to the discussion below. To deny as to Requests Numbers 6, 7, 8, and 9. Defendant, City of Parlier, shall serve verified supplemental responses within 20 days of the date of the service of this order. To find that plaintiff's motions...

Excerpt: ...motion to compel arbitration, defendant Sunshine Raisin Corporation dba National Raisin Company (hereinafter "National") has moved to compel arbitration of the claims of plaintiff's complaint pursuant to an arbitration clause alleged to be in the "standard terms" preprinted on the back page of the seven Grower Contracts that are the subject of the plaintiffs' complaint and the Raisin Bargaining Association —Individual Agreement (RBA Agreements)...