Excerpt: ...at (209) 725- 4111 to request Court permission and arrange for a remote appearance. The Court notes that rule 3.1347(b) of the California Rules of Court permits any opposition to a discovery motion in an unlawful detainer action to be made orally at the time of h earing. The hearing on these motions was continued from April 3, 2024. Motion to Deem Admitted Requests for Admission Plaintiff's unopposed motion for an order deeming admitted the truth...

Excerpt: ...� 2923.6 wit h leave to amend to state specific facts establishing that a complete loan modification application and all documents requested was submitted in a timely fashion and that there was an acknowledgement that the application was complete, and (3) Sustained the demurrer to the Third Cause of Action for Violation of Civil Code § 2923.7 with leave to amend to allege a material violation that is not barred by the three year statute of lim...

Excerpt: ...ovide an y credible explanation as to why evidence proffered in support of the instant Motion for Reconsideration could not have been presented at trial when Motion in Limine No. 2 was being briefed and argued by the parties. Defendant City of Merced contends tha t relief is mandatory under Code of Civil Procedure § 473(b) because counsel has admitted fault, and therefore that the only perquisite to granting relief is the Court's determination a...

Excerpt: ... evidence that potentially relevant video footage was overwritten in the normal course of business before Defendants were aware of Plaintiff's claims concerning what occurred. The Court finds that terminating or evidentiary sanctions are not appropriate gi ven the Defense contentions and supporting evidence that the subject event --operation of a wheelchair lift in a manner that struck Plaintiff in the head --did not occur, and therefore, that n...

Excerpt: ...and expen se.” The instant protective order seeks to prevent dissemination of locomotive camera footage of a tragic and potentially gruesome incident to third parties and the public, as well as body cam and other photographs of the deceased minor's body. The oppos ition does not articulate any reason that the City of Merced might need to disseminate photographic evidence of the injuries caused by the incident to the public or third parties not ...

Excerpt: ...standing the fact that the orders issued by this court required Defendant to employ only those precautions that Defendant agreed were appropriate. This Court's orders required Defendant to enforce those precautions, over strenuous objections by Defendant. While Defendant Foster Poultry Farms asserted in its opposition to the request for restraining orders that it was complying with all regulatory requirements and therefore should not be subjected...

Excerpt: ...s in L imine from Defendant to which written oppositions were filed for each defense notion. Plaintiff's Motion in Limine #1 [Exclude reference to immigration status] Plaintiff's Motion in Limine #2 [Exclude Plaintiff not having drivers license] GR ANTED GRANTED Plaintiff's Motion in Limine #3 [Exclude Sub Rosa Evidence] GRANTED with respect to sub rosa in defendants possession and control and not produced at time of discovery response or supple...

Excerpt: ...non -relev ant or allegedly non- responsive material contained in that same document. Once a document is found to contain discoverable information that is responsive to a given request, redaction is only appropriate if a portion of the document contains protected in formation for which an appropriate objection was made. For example, an admissible business record might be redacted to conceal a social security number or full account number protecte...

Excerpt: ...s for school impact mitigation fees at a rate listed in the School Impact Mitigation Agreement that exceeds the statutory rate resulting in Petitioner Stonefield Homes. Inc. being overcharged by $22,500 or $26,055 for school mitigation fees on each of the subje ct lots. Petitioner Stonefield Homes Inc. further asserts the School Impact Mitigation Agreement executed by Manuel P. Cardoza and Pinn Bros. Fine Homes on or about July 20, 2006 is not ...

Excerpt: ...elligible i n asserting that third party conduct constituted a dangerous condition on the premises. The First Amended Complaint does not appear to specify whether the First through Seventh Causes of Action contained therein are brought against Defendant Delhi Unified School District, Defendant Kevin Ross, or both, and the demurrers are brought by both Defendant Delhi Unified School District and Defendant Kevin Ross. Defendants Delhi Unified Sc...

Excerpt: ...mmary Judgment by Defendants PHH Mortgage Corporation, successor in interest by merger to Ocwen Loan Servicing LLC, U.S. National Bank Association, as Trustee for the CMLTI Asset -Backed -Pass -Through Certificates, Serie 2007 -AMC4 and Western Progressive LLC (collectively “Defendants”), or, in the alternative, Summary Adjudication that the First, Second, Third, Fourth, Fifth, and Sixth Causes of Action are without merit is GRANTED. Defenda...

Excerpt: ...le E. Silver a was operating a motor vehicle within the course and scope of her employment with Defendant Pacific Native Hardwood, Inc. (i.e. respondeat superior) and (3) that Defendant Pacific Native Hardwoods, Inc. knew or should have known that Defendant Camille E. Silvera was unfit and unqualified to operate its motor vehicle (i.e. negligent entrustment). For purposes of summary adjudication, personal liability for ones own action, respon...

Excerpt: ...tablis h a prima facie case that Defendants are entitled to judgment as a matter of law. This shifts the burden to Plaintiff to offer admissible evidence that establishes a triable issue of material fact. Plaintiff concedes that Facts 2, 3, 5 -10, 12 -15, 17 -19 , 23 -24, 26 -27, 30 -31, 36 - 37, 39, 43 -44, and 48 -49 are undisputed. Plaintiff purports to dispute Facts 1, 4, 11, 16, 20, 21, 22, 25, 28, 29, 32, 33, 34, 35, 38, 40, 41, 42, 45, 46,...

Excerpt: ...he sporting the ory of litigation—namely, surprise at trial.' ” (Williams v. Volkswagen Aktiengesellschaft (1986) 180 Cal.App.3d 1244, 1254 [quoting Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 376].) At issue in this motion is whether party may initiate a tri al by ambush, but escape the consequences by demanding mandatory relief under Code of Civil Procedure § 473(b). Defendant asserts that monetary sanctions were more appropria...

Excerpt: ...referenced in the Petition for Appointment of Probate Conservator of the Person and Estate filed by SHARON MORRIS on or about April 5, 2023 Merced Superior Court Case No. 23PR -00123) is a person who is substantially unable to manage his own financial resources as defined b y Probate Code 1801(b) which reads as follows: “A conservator of the estate may be appointed for a person who is substantially unable to manage his or her own financial ...

Excerpt: ...rt may t ake judicial notice of the fact of the document's recordation, the date it was recorded and executed, the parties to the transaction reflected in the document, and the document's legally operative language, assuming no genuine dispute on the document's authenticity. (Fontenot v. Wells Fargo Bank (2011) 198 Cal.App.4th 256, 264 -265.) Here, the Court takes judicial notice of the fact that plaintiff in this unlawful detainer action is not...

Excerpt: ...thin fiv e years after the action is commenced, the five year statute is not firm or absolute, but qualified. Code of Civil Procedure section 583.340 provides three conditions which “shall be excluded” from the computation of time to which the mandatory dismissal is required if the matter is not brought to trial: (a) the Jurisdiction of the Court to try the action was stayed; (b) prosecution of the trial was stayed or enjoined; and (c) br...

Excerpt: ... to the Þrst and only cause of action therein is SUSTAINED WITH LEAVE TO AMEND. While Cal. Ins. Code § 1817.7(g)(4) provides that if an IFPA realtor “planned and initiated the violation,” the realtor “shall be dismissed from the civil action and shall not receive any share of the proceeds of the action” may provide an a
¯irmative defense to Defendants, this Court cannot currently determine from the face of the complaint or matters of w...

Excerpt: ...ter, the Court agrees that State of California, in and of itself, is not a proper defendant as the State can only operate through its departments and agencies, each of which can be sued individually. (Greyhound Lines, Inc. v. Dept. of California Highway Patrol (2013) 213 Cal.App.4th 1129, 1134.) Accordingly, the demurrer to all claims in which the State of California, in and of itself, is SUSTAINED WITHOUT LEAVE TO AMEND. “To state a cause of a...

Excerpt: ...ment and failure to accommodate Plainti
¯'s disability, and while there are allegations that the disparate treatment created a hostile working, there is no claim that a facially neutral policy, for example, an across the board physical Þtness requirement, had an adverse impact on disability. Failure to accommodate requires a speciÞc inquiry into the speciÞc disability of the individual, and therefore by its very nature, constitutes disparate ...

Excerpt: ...d by the U.S. District Court for the Eastern District of California in Stoddartv. Express Services, Inc. d/b/a Express Employment Professionals, et al. Case 2:12-cv-01054-KJM-CKD. Plaintiff has not provided any evidence controverting the evidence provided by Defendant, does not dispute the fact of the Stoddart settlement, and while conceding that Plaintiff was a member of the Stoddart class action, Plaintiff disagrees as to whether the legal effe...

Excerpt: ...ectable to public discosure along with other court records that are subject to public disclosure. Accordingly, the motion to seal is GRANTED. Motion to Compel Further Discovery Responses from Defendant Foster Poultry Farms Plaintiff's Motion ot compel Further Discovery Responses is GRANTED. Request for Production of Documents No. 7 [All U.S. Department of Agriculture (USDA) reports about FACILITY, defined as the slaughterhouse and other processin...

Excerpt: ...establishing that this was an unusually complex or difficult case, hence the request for enhancement is DENIED. Defendant contends that the hourly rate charged by Plaintiffs' attorneys are excessive for Merced and should be reduced, but does not assert any specific entry is excessive or any specific amount of reduction. A review of the billing rate summary on Page 38 of the Declaration of Roger Kirnos in Support of Plaintiffs' Motion for Attorney...

Excerpt: ...the extent that Defendant contends that it cannot completely admit or completely deny that Defendant "collided with more than one vehicle at the time of the subject incident," Plaintiff is free to specify the portion of the request, if any, that she is willing to unambiguously admit, and deny the remainder of the request. The requirement that Defendant provide a response to a request for admission that unambiguously admits or denies a fact does n...

Excerpt: ...the actual Second Amended Complaint was not filed with the Court until December 14, 2023, apparently due to inadvertence, and the demurer and motion to strike were continued to this date for that reason. Since the Second Amended Complaint was clearly timely served on Defendant, the Court exercises its discretion to rule on the merits of matters briefed by the parties notwithstanding the late filing of the Second Amended Complaint with the Court. ...