Excerpt: ...defendants Sergio Franco and Vantage Point Finance, LLC in its entirety. If oral argument is timely requested, such argument will be entertained at 3:30 p.m. on Thursday, February 22, 2024, in Department 502. Explanation: Several parties move for summary judgment of the Second Amended Complaint (“SAC”) by plaintiff Cameron Arballo (“Plaintiff”). The SAC states eight causes of action: (1) breach of contract/specific performance; (2) quiet...

Excerpt: ...beer bottles on plaintiff's property. Second, on June 4, 2023, the entrance gate was left open. Third, on January 22, 2024, the entrance gate was closed, but not securely latched. Fourth, and primarily, defendants are driving on the dirt road, and the Behrens improved the roadway by paving and grading (though plaintiff only seeks to have defendants stick to the easement boundaries). An injunction may be granted “[w]hen it appears by the complai...

Excerpt: ...ocedur e section 473, which gives the courts power to permit amendments in furtherance of justice, has received a very liberal interpretation by the courts of this state.... In spite of this policy of liberality, a court may deny a good amendment in proper form w here there is unwarranted delay in presenting it.... On the other hand, where there is no prejudice to the adverse party, it may be an abuse of discretion to deny leave to amend.' [Citat...

Excerpt: ...to file such pleading will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To deny plaintiff's motion to strike. If oral argument is timely requested, such argument will be entertained at 3:30 p.m. on Thursday, February 22, 2024, in Department 502. Explanation: Demurrer Code of Civil Procedure section 430.40 provides that a person may demur to an answer within 10 days after service of the...

Excerpt: ...f ser vice of the minute order, a proposed judgment consistent with the court's summary judgment order. Explanation: Admiral moves for summary judgment or in the alternative, for summary adjudication as to the first and second causes of action in the Fourth A mended Complaint for breach of contract and breach of implied covenant of good faith and fair dealing. Evidentiary Objections and Requests for Judicial Notice Admiral's evidentiary objectio...

Excerpt: ...eek relief under Code of Civil Procedure sections 2023.040, 2023.030, 2023.030, and 2023.050 on the basis that defendant's “responses are evasive and incomplete and the objections are without merit or too general.” (Notice of Motions, at p. 2:1 -2 .) Plaintiff's separate statements, however, shows that defendant responded to most of the subject interrogatories and requests for admissions with straight forward denials and factual replies. In p...

Excerpt: .... Class Certification a. Standards First, the court must determine 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 t o 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....

Excerpt: ...r co unsel of record, Brian N. Folland, jointly and severally, payable no later than 20 days from the date of this order, with time to run from the service of this minute order by the clerk. If oral argument is timely requested, such argument will be entertain ed at 9:00 a.m. on Friday, February 23, 2024. Explanation: Code of Civil Procedure section 2023.010, subdivision (g), makes “[d]isobeying a court order to provide discovery” a “misuse...

Excerpt: ...section 3287, subdivisions (a) and (b). Under section 3287, subdivision (a), “[a] person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled also to recover interest thereon from that day...” (Civil Code, § 3287, subd. (a).) “‘The purpose of prejudgment interest is to compensate plaintiff for loss of use of h...

Excerpt: ... a First Amended Complaint. The time in which such pleading may be filed 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. If oral argument is timely requested, su ch argument will be entertained at 9:00 a.m. on Friday, February 23, 2024, in Department 501. Explanation: A motion to strike can be used to cut out any “irrelevant, false or improper” matters...

Excerpt: ...a public entity defendant. Specifically, the allegations on paragraph 93, pages 16:23 – 17:5, paragraph 102, pages 17:24 - 18:5, paragraph 111, pages 18:24 – 19:6, paragraph 120, pages 19:23 – 20:5, paragraph 129, pages 20:23 – 21:4, and Prayer for Relief, paragraphs 3, page 32:10 -11 and 12, page 33:23 are stricken from the First Amended Complaint. The court also intends to deny leave to amend. If oral argument is timely requested, such...

Excerpt: ... any action or proceeding." (Code Civ. Proc., 1032, (subd. (b).) "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 obtans 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).) Here, defendant Saint Agnes Medical Center was clearly th...

Excerpt: ...tion: Defendants timely filed their Memorandum of Costs, and plaintiff timely filed his motion to tax those costs. Defendants are entitled to claim costs as prevailing parties, since a dismissed defendant is deemed the prevailing party. (Code Civ. P roc., § 1032, subd. (a)(4); City of Long Beach v. Stevedoring Services of America (2007) 157 Cal.App.4th 672, 678.) This is so whether the dismissal was voluntary or (as here) involuntary. (Crib Re...

Excerpt: ...3:30 p.m. in Department 502. To impose a monetary sanction against defendants Lithia NC, Inc. and American Credit Acceptance, LLC in the amount of $5,560, payable no later than thirty (30) days from the date of service of this order. Explanation: Code of Civ il Procedure section 1281.98 provides, in pertinent part: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules ...

Excerpt: ...on: Plaintiffs in this action allege various causes of action, including wage and hour violations, stemming from the defendants' alleged misclassification of Certified Registered Nurse Anesthesiologists as 1099 independent contractors. On 12/16/2022, defendant CRAMG filed a Voluntary Petition for Non -Individuals Filing for Bankruptcy under Chapter 7 (“Bankruptcy Petition”). (UMF 3.) On 1/12/2023, defendants filed a Notice of Bankrupt...

Excerpt: ...l dface type. Explanation: “The court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading ….” (Code Civ. Proc. § 473, subd. (a); see also, § 576.) There is generally a strong policy in favor of allowing a plaintiff to amend the complaint. (Glaser v. Meyers (1982) 137 Cal.App.3d 770, 776- 777; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) Accordingly, the California Supreme Court has he...

Excerpt: ... run from the service of this minute order by the clerk. Defendant is granted 10 days' leave to amend to file an amended answer to plead facts sufficient to constitute the affirmative defenses he has already raised. To the extent defendant seeks to amend to include new defenses that were not previously raised, defendant must file his own noticed motion for leave to amend. The time to file the amended answer will run from the service by the cle...

Excerpt: ...amended complaint within 10 days of the date of service of this minute order by the clerk. All new allegations shall be in boldface. Explanation: Plaintiff PM Transport, Inc. (“Plaintiff”) filed a Complaint regarding the lease of two trailers. The C omplaint states six causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) negligence; (4) unjust enrichment; (5) conversion; (6) violation o...

Excerpt: ...ement 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 and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation of the agree...

Excerpt: ...oot. Explanation: SUMMARY JUDGMENT Evidentiary Objections The court finds plaintiff's objection to Pappas Declaration paragraph 3, and Exhibit A attached thereto, moot in light of plaintiff's submission of the same evidence in her opposition. The court overrules plaintiff's remaining objections to the Pappas Declaration. Merits A trial court shall grant summary judgment where there are no triable issues of material fact and the moving party is e...

Excerpt: ...cument included in defendant's request for judicial notice. (Evid. Code, § 452, subd. (d).) Explanation: Defendant moves to set aside his default on the ground of inadvertence, surprise, mistake, and excusable neglect under Code of Civil Procedure, section 473, subdivision (b). The trial court has broad discretion to vacate the judgment and/or the clerk's entry of default that preceded it. However, that discretion can be exercised only if the mo...

Excerpt: ...surprise, mistake or excusable neglect under Code of Civil Procedure section 473, subdivision (b).3 Code of Civil Procedure section 473, subdivision (b) provides, in pertinent part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for t...

Excerpt: ... will be entertained on Tuesday, February 20, 2024, at 3:30 p.m. in Department 403. Tentative Ruling: To grant plainti
¯'s motion to compel testimony from person most knowledgeable for defendant Fresno Surgery Center. To grant plainti
¯'s motion to compel further responses to request for production of documents served with deposition notices. Defendant shall make its persons most knowledgeable available for the next noticed deposition dates, an...

Excerpt: ...ent consistent with the court's summary judgment order. Explanation: The Material Undisputed Facts Plainti
¯s are Robert Solorio, Ana Solorio, Cirenia Lozono and Ian Solorio, a minor, through his guardian ad litem (collectively "Plainti
¯s"). This case arises from a tragic collision (the "Collision") between a train and Plainti
¯s' passenger vehicle (the "Vehicle"), which resulted in "catastrophic and, ultimately, fatal injuries” to Decedent...

Excerpt: ...rules all of plainti
¯'s objections to the Hamilton Declaration, all of plainti
¯'s objections to the Wijnen Declaration, plainti
¯'s one objection to the Le
¯al Declaration, and the objection to paragraph 3 of the Bryan Declaration. The court sustains plainti
¯'s hearsay objection to paragraph 4 of the Bryan Declaration. The court overrules defendant's objections numbers 1, 3, 4, 6, and 7. The court sustains defendant's objections numbers 2...