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: ...errogatories, and request for production of documents within ten (10) days of notice of entry of order. Defendant has provided proof of service of the order on Plaintiffs by mail on January 2, 2019. By failing to oppose Defendant's motion for terminating sanctions, Plaintiffs have not met their burden of providing a satisfactory excuse for their willful failure to comply with the Court's order. (See Williams v. Russ (2008) 167 Cal.App.4th 1215, 1...

Excerpt: ...ion, Set Two, to Kelli (Cook) Mahoney and Request for Monetary Sanctions 4. Defendant Caltrans' Motion to Compel Further Responses to Requests for Production, Set Two, to Kevin A. Cook, and Request for Monetary Sanctions 5. Defendant Caltrans' Motion to Compel Further Responses to Requests for Admission, Set One, to Kelli (Cook) Mahoney and Request for Monetary Sanctions 6. Defendant Caltrans' Motion to Compel Further Responses to Requests for Ad...

Excerpt: ...ses – directed at the Plaintiff's fault and comparative fault for the accident in question – and Defendant Arturo Dehoyos III has admitted liability for the accident. By doing so, he has admitted that he has no facts to support the first three affirmative defenses asserted in his Answer, and therefore he has provided sufficient response to the Plaintiff's Form Interrogatory 15.1 – which specifically asks for facts, witnesses and documents w...

Excerpt: ...guilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Plaintiffs' moving Separate Statement of Undisputed Material Facts at Fact Nos. 8, 13, 24 and 33 states as follows: “(Defendant) Luna can state no facts to support his denials of material allegations and [a]ffirmative [d]efenses.” 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...

Excerpt: ...ess 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 4:00 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 Court Call of your intent to appear does not satisfy the requirement of notifying the cour...

Excerpt: ...ce, demonstrate that Plaintiffs' eighth cause of action for slander is based on protected activity undertaken during an enforcement stop and the Plaintiffs' subsequent detention. Given the lack of any opposition, Plaintiffs have failed to demonstrate that they have a reasonable probability of prevailing on their claim that Officer Butler's (and/or any of the other responding officers') speech during the enforcement stop and subsequent detention a...

Excerpt: ...o the Defendants' motion, the Court finds that Defendants do provide sufficient “good cause” to support an order allowing an additional/second independent medical examination by licensed physician and board‐certified neurosurgeon Thomas Hoyt, M.D. on a date and time to be determined, pursuant to Code of Civil Procedure section 2032.310 et seq. Defendants' request for an award of monetary sanctions is DENIED, as the Plaintiff contested wheth...

Excerpt: ...ant's request for terminating sanctions without prejudice at this 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. Defenda...

Excerpt: ...Court and can begin the process of transferring the case to Santa Clara County Superior Court. Plaintiff may also lodge another fee waiver application with the Superior Court clerk here in Merced County which can be considered by the Santa Clara County Superior Court upon its receipt of the transferred case. Plaintiff should consult the Civil Clerk's office with regard to instructions for how to lodge a fee waiver application here so that it may ...

Excerpt: ...ant has provided his proposed answer, and that Section 473.5 does not require it be verified, contrary to Plaintiff's argument in opposition to the motion. Additionally, the Court notes that arguments with regard to the effect of Defendant's purported personal guarantee on the deficiency amount are premature. Last, while the Court may impose conditions to remedy any “unfairness” to the Plaintiff engendered by vacating the default and default ...

Excerpt: ...sted in its ex parte application – including Plaintiff's request for leave to amend its complaint, an order shortening time for a hearing on a motion for preliminary injunction, and a temporary restraining order pending hearing on the motion for a preliminary injunction. However, Defendants failed to provide the Court with a proof of service for their “Response”, and therefore the Court cannot ascertain whether Plaintiff has received a copy...

Excerpt: ...Compromise entered on February 6, 2019, does note that payment is to be made “no later than February 22, 2019” the language in the Court's order cannot amend or modify a material provision of the parties' Stipulation for Settlement. Further, the Court notes the Petition for Approval of Minor's Compromise was unopposed and it was counsel for Plaintiffs who sought “additional orders” related to the timing of the payments and who indicated, ...

Excerpt: ...anced on Defendant JP Morgan Chase's behalf. While the arbitrator awarded both Defendants costs against Plaintiff, the Court finds no provision in the statute for one Defendant seeking an award of costs “on behalf of” or “advanced for” another. Defendant JP Morgan Chase could have, and should have, filed its own Memorandum of Costs. With regard to the other claimed costs, the Court notes that Defendant Kalel Inc.'s electronic filing fees ...

Excerpt: ... v. Santa Clara County Bd. Of Supervisors (2010) 48 Cal.4th 32, 42; Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.App.4th 303, 321. Where a plaintiff alleges a cause of action which includes facts indicating the possibility that a statute of limitations applies, the plaintiff must also “plead around” the defense by alleging specific facts that would avoid the apparent defense. “Where plaintiff relies on a theory of … equitable tol...

Excerpt: ...e plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. (Tech‐ Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) Taking into account all of the applicable Tech‐Bilt factors ‐ including a rough approximation of plaintiff's total potential recovery; the settling defendant's proportionate liability; the amount paid in settlement; a recognition that a settling party should pay ...

Excerpt: ...ur intent to appear does not satisfy the requirement of notifying the court. Defendant's Motion to Strike Portions of Plaintiff's First Amended Complaint Defendant's Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. Although the challenged portions of the complaint may not be strictly necessary, Defendant admits they are not false or misleading and their inclusion does not prejudice the Defendant in any way. Further Defe...

Excerpt: ...The truth of any matters specified in Plaintiff's Requests for Admission, Set One, therefore are DEEMED ADMITTED. In accordance with Code of Civil Procedure sections 2023.030(a) and 2033.280(c), the Court imposes a mandatory monetary sanction against Defendant Humberto Urquizo in the amount of $260 due and payable to Plaintiff Kelstin Group, Inc., via its attorney Terry A. Duree, twenty (20) days from notice of entry of the Court's order. The pre...

Excerpt: ...poration's lack of representation by counsel is a curable defect (see CLD Constr., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149‐50), the motion is granted with leave to file an amended answer or substitution of counsel within 20 days of notice of entry of order. If defendant, represented by an attorney, does not file an amended answer or a substitution of counsel within 20 days of notice of entry of order, plaintiff may thereafte...

Excerpt: ... and pay for transporting the vehicle to the inspection. Defendant shall be allowed to replace the water pump belt as well as make any other temporary repair necessary for defendant's inspection of the vehicle, including road testing. 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. ...

Excerpt: ...plaint contains inconsistent allegations, the complaint alleges sufficient facts in paragraphs 19, 46, 48, 50, 51, 52, 53, 57, 73, 75 and 76 to assert a claim for negligence based, inter alia, on the breach of a duty arising under Section 3378(b) of Title 15 of the California Code of Regulations and the alleged failure to protect the decedent from identified “enemies.” The complaint also alleges County defendants knew that the decedent was a ...

Excerpt: ...(c)(1)(A).) In this case, the answer filed by defendant pro se on August 30, 2018 includes a general denial. A general denial is sufficient to state a defense when the complaint, as it is here, is unverified. (Code Civ. Proc., § 431.30, subd. (d), (f).) In addition, plaintiffs have not cited any legal authority to support their contention that a plaintiff is entitled judgment on the The following tentative rulings shall become the ruling of the ...

Excerpt: ...ion” electronically filed on November 15, 2018 appears to be incomplete. The first page lists Exhibits A through J as attached to the document but only the first 18 pages of the document were received by the court. The 18 pages include a portion of Exhibit A but no part of Exhibits B through J. 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 o...

Excerpt: ...'l, Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 795; Evid. Code. § 647.) The Court finds defendant's supporting declaration states insufficient facts to overcome the presumption of valid service. As plaintiff's filing of the first amended and supplemental complaint on January 18, 2019 presumably has reopened defendant's default, Surjit Gill shall file a responsive pleading to the amended complaint within the time required by California law...