Excerpt: ... by CCP § 2 033.280 is the exclusive remedy to obtain relief from either a waiver of objections or an order that Requests for Admission for which no response was provided be deemed admitted. The requirements for relief under CCP § 2033.280 are that (1) The party has subsequently served a response which is in substantial compliance with CCP § 2033.210, 2033.220, and 2033.230; and (2) the parties' failure to provide a timely response was due to ...

Excerpt: ...odific ation application was submitted on June 9, 2022, after the Notice of Default had already been recorded. (See Second Amended complaint at Paragraph 38.) Plaintiff argues that a June 23, 2022 letter requesting additional documents constitutes an admission t hat the June 9, 2022 application was complete because Plaintiff contends that the additional documents requested had already been provided. Contrary to Plaintiff's contention, the plain ...

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: ...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: ...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: ...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: ...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 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. ...

Excerpt: ...Defendant PHH Mortgage to the Complaint's First Cause of Action for Breach of Contract is SUSTAINED WITH LEAVE TO AMEND to plead around the statute of limitations. The alleged breach of the Homeowner Bill of Rights based on the claim that after approval of a Trial Period Plan on November 17, 2017, Defendant violated the Homeowner Bill of Rights by failing to offer a permenant loan modification following completion of the Trial Period Plan on Febr...

Excerpt: ... in the amount of $500 to Plaintiff on or before February 16, 2023. The Motion for Sanctions is otherwise, DENIED. Motion to Compel Response and Production of Documents by Defendant Kuo-Chen Liao and for Monetary Sanctions The Unopposed Moton to Compel Response to Request for Production of Documents and Production of Documents by Defendant Kuo-Chan Liao and for Monetary Sanctions of $997.50 against Defendant Kuo-Chan Liao and its counsel, Cyril L...

Excerpt: ...ed to cause unnecessary delay, and are not made in good faith or with a good faith belief that grounds for disqualification exist under the laws of the State of California. (Exhibit A to Defendants' Request for Judicial Notice [Order re Plaintiff's [Cyrus John Nownejadl Motion to Disqualify Ricky Wallace, Esq. and his law firm from representing Lenore Wilson as Trustee of the Wilson Charles & Lenore 2015 Rewcable Living Trust incorrectly named as...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ... the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entties. Instead Defendant argue...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: .... The Motion for Summary Judgment by Defendant Freewill Baptist Church was not granted on September 15, 2023 solely because Requests for Admission were Deemed Admitted, but because the Court found that the evidence presented by Plaintiff failed to establish a triable issue of material fact as to whether Defendant Harris was acting within the course and scope of his employment at the time of the accident, despite have received a continuance pursua...

Excerpt: ...ed to lead to the discovery of admissible evidence OVERRULED with regards to Requests 1, 2, 3, 7, 8, 9, 12, 18, 19, 20, 21, 22 and SUSTAINED with regard to 28, 29, 32,33, 44, 45, 64, 65, 66, 57, 79, 80, 89, 91, 92, 101, 111, 112, 115, 116, 117, and 118. Defendant's objection on the grounds of burdensome and oppressive are SUSTAINED and while Defendant is ordered to provide a supplemental response without the objections overruled above, Defendant ...

Excerpt: ...D SUBJECT TO INSPECTION OF VISUAL AIDS PRIOR TO COMMENCEMENT OF OPENING STATEMENT AND WITHOUT PREJUDICE TO OBJECTION TO SPECIFIC VISUAL AID, The following tentative rulings shall become the ruling of the court unless a party gives notce of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4.•CK) p.m. of your intent to appear. Per Cali...

Excerpt: ...ntil the last possible date. Plaintiff contends that the discovery is intended to harass and interfere with trial preparation, and Defendant contends it is their right to do so. Plaintiff, on the other hand, seeks to avoid providing any information whatsoever, relying on technical objections, some of which have merit, and a number of other objections that do not have merit. The Court is thus left with duty to weigh the equities, on the one hand t...

Excerpt: ...sed against defendant's counsel in the amount of $850.W, payable by December 13, 2023. The prevailing party is directed to prepare a written order consistent with the Court's ruling and provide a copy to opposing party/counsel for comment as required by California Rules of Court, rule 3.1312. The order is to be submitted by electronic filing to Hon. Brian L. McCabe. Motion to Compel Responses to Its Special Interrogatories Set One from Defendant ...

Excerpt: ... Action for Intentional Infliction of Emotional Distress; Tenth Cause of Acton for Fraud and Deceit; and Eleventh Cause of Acton for Writ of Mandate contained therein are OVERRULED. For purposes of the instant Demurrers, the allegations of the First Amended Complaint and all reasonable inferences that can be taken therefrom are assumed to be true and various representations of fact in the pending demurrers and joinders thereto are mere argument c...

Excerpt: ...d spill in the chemical aisle prior to the slip and fall, but then left the chemical aisle to help another customer find a product in the candy aisle." Defendant's objections to this testimony are OVERRULED. There is no lack of foundation, as Plaintiff personally heard the alleged statement by Walmart employee Benjamin Vilalovos. The statement is not hearsay, as it is offered to establish knowledge of a fact, the alleged spill, not the truth of t...

Excerpt: ... July 12, 2023 seeking to reschedule the instant demurrer because the very agencies that had not been named as parties to this action were negotiating a potential reopen of the fishway, and that it is possible that this will lead to an agreement which moots the prayers for relief. It is also possible that an agreement will not be made and this litigation must continue." Clearly, if the litigation is going to continue because one or more of the ag...

Excerpt: ...e exists to grant the relief requested. 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 notce 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 argumen...

Excerpt: ...ves 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 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. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at (209) 7...

Excerpt: ...ation of Plaintiff's Seventh Cause of Action asserting a PAGA claim. There appears to be no factual dispute that documents brought in support of the PAGA claim contained a reference to Jumpin' Jacks Pastrami, an entity that has no relationship to Defendant Adjoin, and that a letter was sent by certified mail, notwthstanding the caption in the latter "via electronic filing." Absent a factual dispute, the question presented is a matter of pure law�...

Excerpt: ...y, and Plaintiff Antonio Mendoza, in his individual capacity, submitted a written claim for injury allegedly suffered by Plaintiff Monica Mendoza, in her individual capacity, and Plaintiff Antonio Mendoza, in his individual capacity, pursuant to the Government Claims Act, Government Code sections 900 through 915.4, or facts establishing an exception or exemption thereto, is SUSTAINED WITH LEAVE TO AMEND. The unopposed Demurrer by Defendant Planad...

Excerpt: ...ts from Defendants Golden State Realty Association, Inc. and Mohammad Jaward ('Defendants')." (Plaintiff's Notice of Motion filed July 11, 2023 at Page 1:21-24.) The Declaration of Tanner D. Brink in Support of Motion to Compel filed July 11, 2023 contains a Request for Production of Documents served on Defendant Golden State Realty Association, Inc. but no Request for Production of Documents served on Defendant Mohammad Jaward. Similarly, the De...

Excerpt: ...ause of action for Retalitory Eviction are without merit. The Request for Judicial Notice by Defendant Richard Elias is GRANTED. Defendant Richard Elias has submitted a Separate Statement of undisputed Fact supporting by admissible evidence that establishes a prima fac:ie case that Defendant Richard Elias is entitled to Judgment on the Complaint as a matter of law. This Court takes judicial notice that Richard Elias brought a Forcible Entry and D...

Excerpt: ...nth Cause of Action for Breach of Contract, and Seventeenth Cause of Action for Retaliation. The July 26, 2023 Request for Dismissal also dismisses the followng causes of action in his capacity as Assignor of Gita Nownejad: (1) First Cause of Action for Professional Negligence, Second Cause of Action for Breach of Fiduciary Duty, Seventh Cause of Action for Breach of Contract, and Seventeenth Cause of Action for Retaliation. Finally, the July 26,...

Excerpt: ... the First Amended Complaint asserting (1) Another Acton is pending between the parties upon the same issue, Case 23CV-00573; (2) Plaintiff Markie does not have standing or legal capacity to sue; (3) The Entre Acton is uncertain; and (4) The Entre Acton fails to establish a claim for permeant injunction. While the Demurrer was pending, counsel for Plaintiff Betty Henderson substituted in and filed an opposition to the Demurrer. While the Demurrer...

Excerpt: ...e Defense raised in the Joint Answer filed by Defendants Golden State Realty Association, Inc. and Mohammad Jawad filed January 25, 2023 stating: "As a fourteenth and separate affirmative defense, these answering defendants allege that complainants' injuries and damages, if any, were caused by the negligence and wrongful conduct of third parties not associated with or under the control of these answering defendants, and complainants' recovery, an...

Excerpt: ... provides: "Plaintiff's demeanor exchanged [sic], she became withdrawn, depressed, and sad. On one occasion Plaintiff attempted to inform a teacher regarding the abuse. The teacher informed Plaintiff's Foster Home 2 and foster mother assaulted Plaintiff with a chair." (Third Amended Complaint 34.) The intent of the Legislature in creating Statutory Discretionary Immunity pursuant to Government Code SS 815.2(b) and 820.2 would be thwarted if Discr...

Excerpt: ...ment of the judgment pending appeal, an Undertaking by Personal Sureties in the amount of $2.1 Million must have been, and was, posted and that such undertaking rendered the Personal Sureties jointly and severally liable for the judgment in the event that the appeal was affirmed, and Defendant failed to pay the judgment. In fact, the Undertaking by Personal Sureties filed February 14, 2020, specifically stated, in pertinent part: " . the sureties...

Excerpt: ...endant now brings a Motion for Restitution against Plaintiff ECP pursuant The following tentative rulings shall become the ruling of the court unless a party gives notce 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 a...

Excerpt: ...f Requests for Production of Documents and First Set of Special Interrogatories and Request for Monetary Sanctions in the amount of $15,550 pursuant to Code of Civil Procedure SS 2023.010, 2023.030, 2023.050, 2030.290, 2030.300, and 2031.90, 2031.300, 3031.31001), and 2031.320(b) is GRANTED IN PART AND DENIED IN PART. Request for Production of Documents No. 5 [lists identifying persons who managed or supervised aggrieved employees including Plain...