Excerpt: ...e Court recognizes this is not the vehicle “at issue” in the Plaintiff's complaint, it does appear that information related to the 2013 Lincoln MKZ Hybrid may be relevant to the ultimate determination of Plaintiff's damages (if any) in this action. Therefore Plaintiff's motion to compel with regard to Category 2 is GRANTED. However, Plaintiff does not demonstrate “good cause” to compel Defendant's responses to Category 4 – regarding com...

Excerpt: ... of Issues) as well as Issue 10 (Plaintiff cannot recover punitive damages) and DENIES summary adjudication of the other Issues (2‐9) set forth in the Defendant's notice, including that the Plaintiff's claim of retaliation brought under Health and Safety Code Section 1278.5 is barred, as follows. With regard to Defendant's motion for summary adjudication of Plaintiff's causes of action for retaliation, disability discrimination, failure to enga...

Excerpt: ...ding but not limited to the following: (1) Mattey Tucker is a necessary party in Michael Matthew Tucker, et. al. v. Thomas Anderson, et al., Merced County Superior Court Case No. 17CV‐01423, (2) the parties have stipulated to the consolidation, (3) the cases involve the same parties and are based on the same or similar claims; (4) the cases arise from the same or substantially The following tentative rulings shall become the ruling of the court...

Excerpt: ...Merced Furniture, a canceled Limited Liability Company dba Lane Home Furnishings”, as it appears that Plaintiff's counsel erred in naming this entity as a defendant herein. Furthermore, the Court exercises its discretion to allow Plaintiff to file a First Amended Complaint naming as a defendant “Merced Furniture Inc. dba Lane Home Furnishings”. The First Amended Complaint shall be filed not later than ten (10) days after notice of entry of ...

Excerpt: ...fend claims against the principal. (See Probate Code section 24459.) However, in such a case, the agent may appear only as a guardian ad litem for the principal, after appointment by the court. Marriage of Caballero (1994) 27 Cal.App.4th 1139, 1151–1152. Furthermore, the agent must appear in the action through an attorney. Drake v. Superior Court (1994) 21 Cal.App.4th 1826, 1829–1832. Therefore, the Court, on its own motion, strikes the Plain...

Excerpt: ...summons and never had any conversation with a delivery person.” Defendant admits finding the summons in his front yard “many days later.” Plaintiff filed a proof of service executed by a registered process server stating under penalty of perjury that he personally served defendant on February 6, 2019 at 6:48 p.m. with a copy of the summons and complaint. Filing a proof of service from a registered process server that complies with statutory...

Excerpt: ...ss of renting motor vehicles. Under federal law, a rental car company and its affiliates cannot be held vicariously liable for the negligent acts of its customers. (See 49 U.S.C. § 30106.) In this case, the complaint does not allege any non‐conclusory facts stating a cause of action for direct liability of the demurring defendants based on their negligence (such as negligent entrustment) or criminal wrongdoing. (See 49 U.S.C., § 30106, subd. ...

Excerpt: ... failing to file a written opposition, defendant has not provided any explanation for his willful failure to comply with the order to provide discovery and therefore the Court concludes it is unlikely a lesser sanction would be effective. In accordance with Code of Civil Procedure section 2023.030, subdivisions (d)(1), defendant's answer is stricken. Plaintiff shall submit a request for default and default judgment and supporting papers forthwith...

Excerpt: ..., 2018. Defendant has provided no excuse for her willful failure to comply with the court's order. Since defendant apparently has not participated in this litigation since filing her answer in June 2014, the Court concludes it is unlikely a lesser sanction would be effective. In accordance with Code of Civil Procedure section 2023.030, subdivisions (d)(1), defendant's answer is stricken. Plaintiff shall submit a request for default and default ju...

Excerpt: ... which the Court takes judicial notice, Plaintiff, a minor who sues via her guardian ad litem, filed a timely claim with the Defendant on January 8, 2018. The District rejected the Plaintiff's claim on February 8, 2018, and provided notice of its rejection of the Plaintiff's claim by certified mail to both Plaintiff and her legal counsel on February 9, 2018. As set forth in Government Code section 945.6(a)(1) ‐ Plaintiff was required to bring s...

Excerpt: ...otion admits that they were served with the summons and complaint on February 13, 2019, and in response they “moved out” of the premises rather than respond to the summons and complaint. The prevailing party is directed to prepare a written order consistent with the Court's ruling for the Court's signature, pursuant to California Rules of Court, rule 3.1312, and to provide notice thereof to the opposing party as required by law and the Califo...

Excerpt: ...rney's impressions, conclusions, opinions, or legal research or theories.” (§ 2018.030, subd. (a).) All other work product receives qualified protection; such material “is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice.” (§ 2018.030, subd. (b).) Coito v. Superior Court (2012) 54 Cal.4...

Excerpt: ...App.4th 669. “An order granting summary judgment is not itself a judgment and hence is not directly appealable. Rather, an appeal lies only from the judgment entered pursuant to such order. [CCP § 437c(m); Stewart v. Preston Pipeline Inc. (2005) 134 Cal.App.4th 1565, 1570 (citing text); Oakland Raiders v. National Football League (2005) 131 Cal.App.4th 621, 628‐629 (citing text).” J. Appellate Review of Summary Judgment and Adjudication Or...

Excerpt: ...settlement with Plaintiff was determined to be ‐ discharges the settling defendant (Machado) from liability to another defendant (Matos) for crossclaims of equitable contribution or comparative indemnity. “Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or...

Excerpt: ...fy the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying CourtCall of your intent to appear does not satisfy the requirement of notifying the court. Defendant's demurrer to the complaint is OVERRULED based on insufficient notice. Unless an order sh...

Excerpt: ...tence, surprise, or excusable neglect." (§ 946.6(c)(1).) Department of Water & Power v. Superior Court (2000) 82 Cal. App. 4th 1288, 1291. Here Petitioner argues it was her counsel's inadvertent failure to name her in the original claim submitted to Respondent which constitutes the grounds on which her request for relief should be granted. The showing required for relief under § 946.6 because of mistake, inadvertence, surprise, or excusable...

Excerpt: ...).) Defendant served his demurrer on plaintiff by mail on March 25, 2019 and therefore did not provide the required minimum amount of notice. Defendant has not waived defective notice. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4...

Excerpt: ...d to Plaintiff William Emerich's attempt to file a missing persons' report related to decedent Tamara Kirby. While Defendant arguably met its burden of providing evidence showing that one or more elements of Plaintiffs' first cause of action for negligent infliction of emotional distress for negligent handling of a corpse cannot be established or that there is a complete defense to that cause of action because Defendant did not owe a legal duty t...

Excerpt: ...; 2) Failure to provide reasonable accommodation; 3) Discrimination on the basis of a disability (or perceived disability); and 4) Failure to take all steps reasonably necessary to prevent discrimination from occurring. However, in conjunction with her opposition to the Defendant's motion, Plaintiff dismissed three of her causes of action: the first, third and fourth. The only remaining cause of action at issue is the Plaintiff's second cause of ...

Excerpt: ... actual labor costs for agency staff, paralegals, electronic document preparation costs, and reasonable attorneys' fees, provided the attorneys' fees deal with record issues warranting legal expertise. However, mere compilation of staff reports, meeting agenda, minutes, meeting transcript(s), etc., other than reviewing the record to assure it complies with Code of Civil Procedure section 1094.5 would not seem to warrant the incursion of attorneys...

Excerpt: ...mary judgment, ALL of the moving undisputed facts should first be set forth in numerical order. Then, to support the requests for alternative relief, Defendant can restate the facts which support summary adjudication of each issue, by reference to the same number facts. For instance if there are ten (10) moving facts total, but only facts 2, 4, and 7 support summary adjudication of the first cause of action, only those facts should be stated. In ...

Excerpt: ...., C.E.N., made with regard to the applicable standard of care to be applied to the Plaintiff's cause of action for medical malpractice, the Court finds that there is no triable issue of material fact and Defendant is entitled to judgment as a matter of law. In addition, the Court considered the declarations of Mary Cox, R.N., B.S.N., and Christina M. Locher, and the evidence and exhibits attached thereto and filed in support of the Defendant's m...

Excerpt: ...time. Numerous cases hold that severe sanctions (i.e., evidence or terminating sanctions) for failure to comply with a Court order are allowed only where the failure was willful. See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545; Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1327. Defendant's moving pleadings fail to demonstrate to the Court that Plaint...

Excerpt: ...notice of motion and be repeated, verbatim, in the separate statement of undisputed material fact.” (See e.g. California Rules of Court, rule 3.1350(b).) Defendant's moving separate statement of undisputed material fact fails to set forth, verbatim, any of the issues and/or causes of action upon which he sought alternative relief. Code of Civil Procedure section 437c, subdivision (c) provides that a motion for summary judgment shall be granted ...

Excerpt: ... there is no triable issue of material fact and Defendant is entitled to judgment as a matter of law. Defendant has proven his defense to the Plaintiff's cause of action – that he met the applicable standard of care at all times The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4240 to notify the court of your intent to appear. 2. You ...