Excerpt: ...dant Clinica Sierra Vista. Within thirty (30) days of service of the order by the clerk, plaintiff Najeeb K. Ansari, M.D. shall pay the sanctions to defendant Clinica Sierra Vista's counsel. In the event of a timely request for oral argument, such argument will be entertained on Thursday, October 19, 2023, at 3:30 p.m. in Department 501. Explanation: On January 19, 2023, the discovery at issue was served on plaintiff Najeeb K. Ansari, M.D. ("Plai...

Excerpt: ...: Demurrer — General Principles A party may file a general demurrer on claims that "[t]he pleading does not state facts sufficient to constitute a cause of action." (Code Civ. Proc., S 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [ "'A demurrer can be utilized where the complaint itself is incomplete . [Citations.]" l.) In essence, "to withstand a demurrer, a complaint must allege ultimate facts, not evidentiary facts or co...

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: ...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: ...ruling. Explanation: A plaintiff is entitled to summary judgment if they have met their burden that '"each element of' the 'cause of action' in question has been 'proved,' and hence that 'there is no defense' thereto." (Aguilar v. Atlantic Richfield Co. (2CM) 25 Cal.4th 826, 8%'.) "A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once the pla...

Excerpt: ...ounsel will breach the fiduciary obligations they owe to the absent class members. As a result, such agreements must withstand an even higher level of scrutiny for evidence of collusion or other conflicts of interest than is ordinarily required under Rule 23(e) before securing the court's approval as fair." (Koby v. ARS National Services, nc. (9th Cir. 2017) 846 F. 3d 1071, 1079.) "[lln the final analysis it is the Court that bears the responsibi...

Excerpt: ...]he superior court shall review and approve any settlement of any civil action filed pursuant to [PAGA]. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court." (Lab. Code, S 2699, subd. (i)(2).) representative action under PAGA is not a class action% and is instead a 'type of qui tam action', a standard requiring the trial court to determine inde#ndently whether a PAGA settlement is fair and ...

Excerpt: ...n: 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 (2W7) 42 Cal.4th 201, the California Supreme Court ...

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: ...on: Defendant Stella Villagomez moves for summary judgment, or adjudication of the first amended complaint against her. Although moving defendant denies having taken, secreted, appropriated, obtained or retained any property from the plaintiff or the assistance of another of the same, plaintiff has demonstrated there is a dispute of these material facts. As a result, the motion is denied. Statute of Limitations and Plaintiff's Status as an "Elder...

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: ...counsel shall call the court to take the demurrer as to defendant Person off calendar. If it does not resolve the issues, counsel for defendant Person shall file a declaration on or before November 1, 2023, stating, in detail, the efforts made. Defendant Fresno Unified School District's demurrer is continued in order to have the motions heard the same date. Explanation: Ctxle of Civil Procedure section 430.41, subdivision (a), makes it clear that...

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: ...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: ...tiff cannot prevail on her first cause of action for harassment based on her disability because she was not subjected to any severe or pervasive conduct that would qualify as harassment during her employment with Saint Agnes. "In construing California's FEHA, this court has held that the hostile work environment form of sexual harassment is actionable only when the harassing behavior is pervasive or severe. This limitation mirrors the federal cou...

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: ... further responses to her requests for production of documents, set one, special interrogatories, set one, and form interrogatories — employment, set one. To deny plaintiff's request for monetary sanctions against defendant and its counsel. To grant monetary sanctions against plaintiff and her counsel, in the amount of $1,350. Plaintiff shall pay sanctions to defendant within 30 days of the date of service of this order. Explanation: Under Code...

Excerpt: ...If a timely request for oral argument is made, such argument will be entertained on Wednesday, October 11, 2023, at 3:30 p.m. Explanation: Meet and Confer Plaintiffs assert that defendants failed to comply with Code of Civil Procedure section 435.5. Specifically, plaintiffs argue that defendants failed to meet and confer with plaintiffs regarding the issues raised by the motion to strike, though defendants still had ample time to meet and confer ...

Excerpt: ...efendant California Department of Transportation ("Defendant") seeks to stay the present matter in favor of allow-ng a parallel proceeding between it and plaintiff Maisa Kurdi ("Plaintiff") to proceed. An application for a stay is addressed to the sound discretion of the trial court. (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) In exercising its discretion, the court should consider the importance of, among other things, avoiding ...

Excerpt: ... matters specified in the Requests for Admission, Set Two, are to be deemed admitted unless each defendant 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. (Code Civ. Prcyc., S 2033.280, subd. To grant monetary sanctions against defendants Harpreet Singh and Nijjar Cargo Solutions, Inc., in the amount of $940.00 as to each defendant. Mone...

Excerpt: ... To sustain defendant Graney's special demurrers to causes of action Sustain special demurrers to causes of action 1, 2, 3, 6, 9, 10, 11-14, with plaintiff granted 10 days' leave to file a second amended complaint. (Code Civ. Proc., S 430.10, subd. To sustain Graney's general demurrers to causes of action 6, 7, 9, 10, 12 and 14, with leave to amend as to all but 6 and 12. To overrule general demurrers to causes of action 1, 2, 3, 5, 8, 11 and 13....

Excerpt: ...f the minute order. Explanation: The function of a demurrer is to test the suffciency 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) 77 Cal.A...

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: ...trate." (Garlach v. Sports Club Co. (2012) 209 Cal.App.4th 1497, 1505) "Thus, in ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute." (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) Defendant American Honda Motor Co., Inc. ("Honda") moves to compel arbitration of plaintiffs' action pursuant to an arbitration clause in the retail instal...