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 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: .... 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...