Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...

Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. If there is any objection to this tentative ruling, this motion is continued on the court's own motion to Friday, September 11, 2020 at 8:15 a.m. in Courtroom 8. Motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust. The motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust is...

Excerpt: ...s of action for (1) Inverse Condemnation against Merced Irrigation District, (2) Negligent Maintenance against Merced Irrigation District, (3) Dangerous Condition on Property against Merced Irrigation District, (4) Nuisance against Merced Irrigation District, (5) Breach of Contract against the Ransom Piro Construction and Development Defendants, (6) Violations of Civil Code § 895 against the Ransom Piro Construction and Development Defendants, (...

Excerpt: ...isting order are not being obeyed. The appropriate remedy for any violation of the existing restraining order is to report such violation to the police. If, in January of 2021, Respondent wishes to extend the terms of the restraining order, she may file an application for renewal on or before the existing order expires on February 26, 2021. Since there is no action for the court to take at this time, the Petition to Modify is DISMISSED. If there ...

Excerpt: ...se the plaintiff lacks mental competence allegedly as a result of a traumatic brain injury suffered as a result of the incident giving rise to this action. Consequently, the Guardian Ad Litem lacks personal knowledge of many facts that a typical competent plaintiff could testify to based on the Plaintiff's own personal knowledge. When receiving discovery requests, the Guardian Ad Litem has an obligation to conduct a diligent search and make reaso...

Excerpt: ...t Defendant's Motion to Quash Plaintiff's Subpoena for Business Records filed by Defendant Foster Poultry Farms. The stay appears to apply only to this court's June 29, 2020 order and not to other matters pending in this case. In this motion for sanctions by Defendant Foster Poultry Farms, to which Defendant Dan Huber joins, Defendants seek an order, pursuant to CCP § 2023.010(g) either (a) an order dismissing Plaintiff Curtis LaClaire's Second ...

Excerpt: ...closes the expert who prepared the existing Defense Cost of Repair Allocation, all reports by that expert, including the subject Defense Cost of Repair Allocations must be produced. If Bernard Bros., Inc. discloses a different expert for Cost of Repair Allocations, then the subject report will remain privileged, and the new report of the designated expert will be produced in accordance with normal expert discovery rules. If Bernard Bros., Inc. do...

Excerpt: ...uses of action arising out of the refusal of Merced Irrigation District to sell water to Cross‐Complainants between two lawsuits, Case 19CV‐02453 in which CrossComplainants brought a Verified Petition for Peremptory Writ of Mandate to compel the sale of water that had been allegedly denied for not being in the best interest of Merced Irrigation District, and this action, Case 19CV‐03470, in which they seek damages for the both the original ...

Excerpt: ...yment contract with Apple to maintain an office in their home that meets specified requirements, but who are not reimbursed for the expense of such home office. The complaint seeks damages and reimbursement for the expenses incurred by members of the class in maintaining the home office. Thus, inspection of Plaintiff's home, and the home office within it, is reasonably calculated to lead to the discovery of admissible evidence as to the appropria...

Excerpt: ...xist. Accordingly, there are triable issues of material fact with regard to Facts 3, 4, 5, 6 and Additional Disputed Fact F. Plaintiff's lay opinion that the floor was excessive slippery, an issue within the scope of her day to day experience, is based on her percipient observation of the floor and is admissible evidence that the floor was excessively slippery. ...

Excerpt: ...unts terminated on the basis of their occupation without evidence that they engaged in a transaction prohibited by the terms of service. An intentional discrimination claim cannot be based on an arbitrary termination of services based on an algorithm absent allegations that such algorithm uses a protected classification as a criteria for the termination of services. Absent the allegation that a protected class criteria is applied, an algorithmic ...

Excerpt: ... entry of order is GRANTED. Plaintiff served defendant with notice of the order. It is undisputed defendant has not provided plaintiff with responses to the request for production of documents. (Solomon Decl., ¶ 3.) By failing to file written opposition, defendant has not provided any explanation for her willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effec...

Excerpt: ...ompensation is claimed as part of an alleged continuing claim. Note that if there are claims involving multiple properties, separate facts establishing a continuing claim must be alleged for each property. The motion to strike the injunctive relief claim for failure to comply with the Government Claims Act is DENIED. The motion to strike the drainage injunctive relief claim is GRANTED WITH LEAVE TO AMEND to separately allege specific facts establ...

Excerpt: ... strike is GRANTED WITHOUT LEAVE TO AMEND. This will become the order of the court unless a party notifies the court that it objects to the tentative, in which case, the order of the court will be that the matter is CONTINUED TO TUESDAY MAY 26, 2020 at 8:15 a.m. in Courtroom 8. ...

Excerpt: ...urt (2017) 3 Cal.5th 531, 545.) Motion to Approve Settlement The motion by Plaintiff Sherry Bruns to approve settlement is continued to Wednesday, April 15, 2020 at 8:15 A.M. Plaintiff Bruns and Defendant Smart & Final are ordered to file, by April 3, 2020, allocation estimates allocating the $3,470,000.00 settlement to the Labor Code violations being released by the proposed settlement, i.e. the amount being paid for each type of claim being rel...

Excerpt: ... California law, parties to a commercial lease may agree to their own notice requirements for termination of the tenancy. In this case, the complaint alleges all the necessary facts to constitute a cause of action for unlawful detainer based on termination of a commercial lease. (See Code Civ. Proc., § 1166.) Defendant shall file her answer within five days of notice of entry of order. (Cal. Rules of Court, rule 3.1320(g); Code Civ. Proc., § 47...

Excerpt: ...el further response to Requests 12‐14, 19, 28, and 32 is granted with respect to document involving driver Jeffrey Cone and otherwise denied. The motion to compel further response to Requests 48‐51 are granted with regards to documents in Responding Party's possession and control and otherwise denied. The motion to compel further response to Requests 58‐59 is denied. The motion to compel further response to Requests 60‐64, 71, 73, 79‐80...

Excerpt: ... discovery, but not to extrinsic evidence of facts in declarations filed by adverse parties contradicting the pleading. (See Del e. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604‐605.) Since the allegations of the First Amended complaint's ¶ 24 are not contradicted by matters of which this court takes judicial notice, and since the allegations on their face state facts sufficient to establish a cause of action and are no...

Excerpt: ...essed to and received by crossdefendant) referenced in the cross‐complaint are not attached as exhibits to the pleading. Demurrers for uncertainty under Code of Civil Procedure section 430.10, subdivision (e) are disfavored. (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822.) “A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery proc...

Excerpt: ...c. to the first cause of action for breach of the agreement to pay full rent is SUSTAINED for failure to allege facts sufficient to constitute a cause of action, based on facts showing the affirmative defenses of (1) release and (2) accord and satisfaction. Those facts were judicially noticed from 17CL0229, 18CL0196, and the Pylon Sign Lease Agreement, and trump contrary The following tentative rulings shall become the ruling of the court unless ...

Excerpt: ...nd notice of the entry of the default judgment was served by mail on the moving defendant on December 14, 2018. To challenge the entry of default, the motion must be filed and served within a reasonable time, but no later than six months after the entry of default. (Code Civ. Proc., § 473, subd. (b); Bae v. T.D. Serv. (2016) 245 Cal.App.4th 89, 97.) Here, defendant's motion challenging the default entered on March 16, 2018 and default judgment e...

Excerpt: ...oper remuneration. In addition to provisional relief, MID seeks damages for conversion and trespass. Before the Court this day is a defense motion to remove and transfer the action to a “neutral” county. Pursuant to CCP §394(a), any action brought by a government agency in its own locality against an entity doing business in a different county shall be removed and transferred to a neutral county – that is, a county where neither the plaint...

Excerpt: ...id not require defendant to provide responses to plaintiff's requests for admissions. Further, to the extent plaintiff moves for a terminating sanction based on defendant's failure to pay the monetary sanctions ordered, the motion fails as a matter of law. Failure to pay discovery sanctions does not justify a terminating sanction. Sanctions orders are enforceable as money judgments therefore the remedy to enforce payment of monetary sanctions is ...

Excerpt: ... § 657).) Plaintiff's arguments do not support claims of error based on the explicit grounds contained in Code of Civil Procedure section 657. Plaintiff's seventeen (17) purported “grounds” are actually arguments that Plaintiff has already made in support of its objections to the Court's Statement of Decision. Thus, Plaintiff has failed to raise any new issue of fact or law not already fully considered by the Court because each issue raised ...

Excerpt: ...on of showing one or more elements of the cause of action cannot be established, or that there is a complete defense to the cause of action, and therefore the burden shifts to plaintiff to show the existence of one or more triable issues of material fact. (Code Civ. Proc., § 437c, subd. (p)(2).) Plaintiff has not met his burden. As an initial matter, the Court notes that the complaint does not contain any charging allegations against Brittany Mc...