Excerpt: ...ot Liable for Water Related Damages. Tentative Ruling: Motion in Limine #1 is GRANTED. Defendants Ramson Piro Construction & Development, Inc. and Piro Enterprises, Inc. Are being sued in two capacities: (1) As the Developer that designed and built the Plaintiffs' Homes; and (2) As the Developer that Sold the Subject Homes to the Plaintiffs. The following tentative rulings shall become the ruling of the court unless a party gives notice of intent...

Excerpt: ...ses to Form Interrogatories is GRANTED and the objections to such Form Interrogatories, brought by Plaintiff Parkash Pabla, are OVERRULED. To the extent that a Form Interrogatory requests information concerning a classification of damages that Plaintiff is not seeking, Plaintiff may provide a full and complete response by unambiguously waiving any right to that category of damages as a complete response. Plaintiff Parkash Pabla is ordered to prov...

Excerpt: ...ontent of each such statement, and the manner in which each such statement was conveyed. (See e.g. Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.App.4th 979, 993. Furthermore, allegations of fraud against a corporate entity must state the name of each person who made each alleged statement, that person's authority to speak for the corporation, to whom that person spoke, what they said or wrote, and when each such statement was oral or...

Excerpt: ...ensed healthcare provider and that the claims brought against such Defendant are claims based on the healthcare provider's alleged failure to provide appropriate medical care. Accordingly, Defendant Anberry Transitional Care LLC is entitled to the benefits of MICRA. (See Ruiz v. Podolsky (2010) 50 Cal.4th 838, 849 [“we are persuaded that [CCP] section 1295, construed in light of its purpose, is designed to permit patients to bind their heirs in...

Excerpt: ...fore the Contractors State License Board. Defendant asserts that since the contractor's license bond is a statutory bond, not a contract bond or common law bond where a balance of equities may be considered by the court, the fact that the statutory scheme does not require exhaustion of administrative remedies via the filing of a CSLB administrative complaint, the Legislature is deemed to have chosen not to make exhaustion a requirement and theref...

Excerpt: ... § 1793.2, are without merit because Defendant Ford Motor Company promptly offered to repurchase or replace Plaintiff's truck prior to the filing of Plaintiff's Complaint. Defendant's Motion for Summary Judgment is Supported Facts 1‐30 which appear to be supported by admissible evidence, and those same facts are incorporated by reference into three additional issues seeking Summary Adjudication of the First, Second, and Third Causes of Action ...

Excerpt: ...dently caused, and (2) Defendant First National Insurance Company of America owes a duty to defend Erick Baumbach‐Madriz (aka Erick Baumbach) in the litigation of property damage claims arising out of a fire that he accidently caused. Plaintiff California Mutual Insurance Company brought a subrogation action and obtained a default judgment on September 22, 2020, against Erick Baumbach‐Madriz (aka Erick Baumbach) in the amount of $327,171.32 i...

Excerpt: ...tion for Summary Judgment on the grounds that any duty that Ransom Piro Construction & Development, Inc. and Piro Enterprises, Inc might have had to limit or mitigate water intrusion from the Merced Irriagation District Canal was a duty owed to the Plaintiff homeowners in this action, not to Merced Irrigation District, the entity ulimtimately responsible for water intrusion and the public entity whose failure to contain waters under its control m...

Excerpt: ...n (k) is dependent on a claim of actual discrimination: Employers should not be held liable to employees for failure to take necessary steps to prevent such conduct, except where the actions took place and were not prevented. (Id., quoting Trujillo v. North County Transit Dist. (1998) 63 Cal.App.4th 280, 289].) This court held above that Discrimination did not occur because there was no material adverse employment action, but that a triable issue...

Excerpt: ...amed as Defendant in the First and Second Cause of Action only, brings the instant motion for Summary Judgement on the Grounds that (1) there is no triable issue of material fact with regard to the First Cause of Action for Negligence because Defendant did not owe a Duty to Plaintiff nor did Defendant Cause Plaintiff's injuries; and (2) there is no triable issue of material fact with regard to the Second Cause of Action for Strict Liability as De...

Excerpt: ...t‐cause requirements of The Tenant Protection Act of 2019, Civil Code § 1947.2(a). A Demurrer to the complaint was overruled on 3‐29‐21, and a motion to compel discovery was withdrawn on 4‐26‐21 because the Defendant was no longer in possession of the property and the case would proceed as a normal civil unlimited. The clerk of the Court does not appear to have reclassified this matter as a general civil unlimited case. Counsel for Pla...

Excerpt: ...s: 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. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a ...

Excerpt: ...s Manual published by YOU and provided to YOUR authorized repair facility(s) within the State of California, from 2017 to present. [This request will be understood to include production of any and all versions of such manual as distributed to YOUR dealerships during the relevant time frame.]” Defendant objected to the request on the grounds that it was overbroad and seeks documents that are not relevant and not reasonably calculated to lead to ...

Excerpt: ...s Manual published by YOU and provided to YOUR authorized repair facility(s) within the State of California, from 2017 to present. [This request will be understood to include production of any and all versions of such manual as distributed to YOUR dealerships during the relevant time frame.]” Defendant objected to the request on the grounds that it was overbroad and seeks documents that are not relevant and not reasonably calculated to lead to ...

Excerpt: ...LLC owns all crops produced by such almond farm, that non‐party Dilbag Khera, a member of Plaintiff DS Orchards LLC who resigned in January and March of 2021 and Defendant Cardella Merced LLC, an entity that is alleged to be controlled by Dilbag Khera, who controls Defendant Cardella Merced LLC, were ordered to vacate the almond farm, that non‐party Dilbag Khera refused to vacate and continues to operate the almond orchard, and that non‐par...

Excerpt: ...aint's First Cause of Action for Violation of Statutory Standards pursuant to CCP § 430.10(f) on the grounds that it is vague, ambiguous, unintelligible, and uncertain; (3) to the Complaint's Third Cause of Action for Breach of Implied Warranty pursuant to CCP § 430.10(e) on the grounds that it fails to state facts sufficient to establish a cause of action and pursuant to CCP § 430.10(f) on the grounds that it is vague, ambiguous, unintelligib...

Excerpt: ...of Action for Retaliation against Defendant N & S Tractor Company; and a Third Cause of Action for Race/Ethnicity Language Discrimination against Defendant N & S Tractor Company. Plaintiff seeks to compel further responses to the following Form Interrogatories propounded on Defendant N & S Tractor Co.: 207.1 [Written Policies or Regulations by Employer; and (a) title; (b) manner communicated; (c) manner receipt acknowledged; (d) contentions regar...

Excerpt: ...ubstantive responses. In the current motion Plaintiff seeks to compel further responses to Special Interrogatories 2, 8, 10, 17, 18, 19, 24, 27, 36, 47, 50, and 53. Since Defendant Viking Ventures LLC and Defendant Dollar Tree Stores, Inc. are represented by the same counsel, they filed a joint opposition to this motion and the separate motion brought against Defendant Dollar Tree Stores, Inc. below. This court finds that the supplemental respons...

Excerpt: ...gs ended on May 2, 2022, and the public has been granted ongoing access to the courthouse, without masks, though individuals preferring to wear masks are permitted to do so. The fact that Plaintiff resides with elders who are especially susceptible to potential COVID19 variations, does not preclude an in‐person deposition providing that reasonable protocols are observed. Plaintiff David Chavez has agreed to serve as a Representative Plaintiff a...

Excerpt: ...speak on behalf of each corporation, (3) the person or persons to whom each misrepresentations was made, (4) what the individuals who made the misrepresentations said or wrote, and (5) when each misrepresentation was said or written. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.4th 153, 157; Perlas v. GMAC Mortg. LLC (2010) 187 Cal.App.4th 429, 434.); and (B) leave to amend to plead th...

Excerpt: ... on the real property located at 2521 Burgundy Drive, Livingston. (See Cross‐Complaint ¶ 8, ¶ 11.) On April 8, 2022, Plaintiffs and Cross‐Defendants Parkash Pabla and Jaswinder Kaur filed the instant Special Motion to Strike Cross‐ Complaint of ECP LP Pursuant to CCP § 425.16 (Anti‐Slapp). Courts employ a two‐prong inquiry to determine if a Cross‐Complaint is subject to a Cross‐Defendant's special motion to strike: In the First P...

Excerpt: ...hich are defined to include Defendant Stonefield Homes, Inc. Plaintiffs Demurrer attacks fifteen of the affirmative defenses contained in the Answer filed by Defendant Stonefield Home, Inc. in its Answer to Complaint filed March 23, 2022, specifically, Plaintiffs demur to (1) the Third Affirmative Defense [Assumption of Risk], (2) the Fourth Affirmative Defense [Non‐economic Damages],(3) the First Sixth Affirmative Defense [Failure to State a C...

Excerpt: ...21, Plaintiffs Yogesh Chander Gandotra and Kusman Gandotra, individually and as Trustees of the Gandortra Trust, dated August 7, 2017, Shaan Shannon Stores, Inc, DBA Shannon's Mini Mart and Shaan Gandotra (collectively “Plaintiffs”) filed a new case, 21CV‐01491, containing Points and Authorities in Support of Order to Show Cause re Contempt and Declarations by Bruce J. Henricks and Shaan Gandotra in support of Contempt. Accordingly, on May ...

Excerpt: ...l Interrogatories and Request for Monetary Sanctions of $1,680 against Plaintiff and her counsel pursuant to CCP § 2030.290 is GRANTED IN PART AND DENIED IN PART. While the Special Interrogatories at issue were titled “Requests for Admission” on Page 3 of the Special Interrogatories attached as Exhibit A to the Declaration of Adam F. Summerfield filed March 22, 2022, the discovery propounded unmistakably constitute special interrogatories to...

Excerpt: ...t prevails in this Arbitration, it should be accorded attorney's fees and costs as a prevailing party and /or pursuant to Section 1780(6) of the CLRA. Western Motors also appealed to the Arbitrator's discretion under the Rules to award fees in circumstances like these where a Claimant may have failed diligently to investigate claims before pursuing them. [¶] In this matter, the Arbitrator does not consider Respondent's entitlement to fees or cos...

Excerpt: ...earing in Orange County Superior Court. Although Defendant Avalon Care Center‐Merced HY‐Lond, LLC dba Hy‐ Lond Health Care Center‐Merced filed a proof of service by email or electronic transmission showing service of the motion and request for judicial notice on March 15, 2022, the opposition filed by Plaintiff on April 18, 2022 asserts that the papers were not received until Friday, December 17, 2021, a date prior to the filing of the mo...

Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...

Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...

Excerpt: ...pear. 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. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at (209) 725‐ 4240 to provide t...

Excerpt: ...ed or contributed to Kenneth Derry's unfortunate death. The motion is supported by Undisputed Facts 1‐27 which in turn are supported by admissible evidence in the form of the expert declaration of Garret Smith M.D. and the records on which his expert opinions are based which establish a prima facie case that Defendant Pacheco is entitled to judgment as a matter of law. This shifts the burden to Plaintiff to establish a triable issue of material...

Excerpt: ...ne referred to in her complaint, (3) The incident involving the gizzard processing machine referred to in her complaint was the result of Plaintiff's own negligence, and (4) Plaintiff suffered no damages as a result of the incident involving the gizzard processing machine referred to in the complaint. Accordingly, Defendant Marel, Inc. has established a prima facie case that Defendant Marel, Inc. is entitled to judgment as a matter of law. This s...

Excerpt: ...ant to CCP § 1008, a Motion for Reconsideration of the February 22, 2022 Order on the grounds that while the Court had interpreted the Diskeeper case to require that a motion for attorney's fees be filed 15 days after notice of entry of judgment or dismissal, a party seeking attorney's fees based on contract has at least from notice of judgment or dismissal to file a noticed motion for an award of attorney's fees, and, therefore, Defendants' mot...

Excerpt: ...nterest in all water related to the 4‐S property when it acquired such property through foreclosure. On September 29, 2021, Defendant 4‐ S Ranch Partners, LLC filed a Cross‐Complaint naming only Plaintiffs as Cross‐Defendants and on January 4, 2022, Defendant 4‐S Ranch Partners LLC filed an Amended Cross‐Complaint against Plaintiffs and new Cross‐Defendant WT Capital Lender Services. The Amended Cross‐Complaint alleges a first cau...

Excerpt: ... 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. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a hearing m...

Excerpt: ...ith alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant Citibank N.A. has filed an answer containing a general denial and eleven affirmative defenses and a CrossComplaint for Equitable Indemnity and Declaratory Relief against Defendant Chima. A Stipulated Protective Order was issued by the Court on March 15, 2021. The s...

Excerpt: ...Amended Complaint's First Cause of Action for Fraud and Disparagement of Title, Third Cause of Action for Wrongful Foreclosure, Fourth Cause of Action for Elder Abuse, and Seventh Cause of Action for Intentional Infliction of Emotional Distress is SUSTAINED WITHOUT LEAVE TO AMEND. The Demurrer to the Fifth Cause of Action to Set Aside Trustee Sale and Sixth Cause of Action to Quiet Title is OVERRULED. While there is no dispute that Defendant ECP ...

Excerpt: ... to CCP § 2023.030(a). On December 9, 2021, the continued this matter on the Court's own motion to Thursday, February 24, 2022, at 8:15 a.m. in Courtroom 8 and issued the following tentative ruling: “On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, date...

Excerpt: ...ion in Violation of Public Policy, and (8) Interference with Cal Family Rights Act. The Court notes that a Request for Dismissal of the Eighth Cause of Action only without prejudice was filed on January 11, 2020, and entered by the court on that day. The instant motion for summary judgment/summary adjudication asserts that: (1) Plaintiff did not timely exhaust administrative remedy for discrimination claim; (2) Plaintiff did not timely exhaust ad...

Excerpt: ... disputing the agreement's coverage of the claim involved in the action, but not as to the nature and substance of that dispute.” Since the instant requests for admission seek information about the nature and substance of a potential coverage dispute and the instant form interrogatory 17.1 would seek all facts, identification of all witnesses, and all documents relating to the substance and nature of a potential coverage dispute, the requests a...

Excerpt: ...ractors GSA to Plaintiff's Complaint The Demurrer to the Verified Reverse Validation Complaint filed March 16, 2020 by Defendant San Joaquin River Exchange Contractors GSA to which Defendant City of Gustine GSA, Defendant City of Firebaugh GSA, Defendant City of Fresno GSA for DeltaMendota Subbasin Management Area B, Defendant Merced County Delta‐Mendota GSA, Defendant City of Los Banos GSA, Defendant City of Mendota GSA, Defendant City of Newm...

Excerpt: ...claims against them, that, given the nature of this coordinated action, it is not feasible at this time to determine the extent to which Plaintiff may or may not have exhausted administrative remedies. This Court finds that the Verified Reverse Validation Complaint filed March 16, 2020 is timely filed. Finally, this Court. Plaintiff's objection to some of the demurrers on the grounds that they are procedurally defective is also OVERRULED and this...

Excerpt: ...ractors GSA to Plaintiff's Complaint The Demurrer to the Verified Reverse Validation Complaint filed March 16, 2020 by Defendant San Joaquin River Exchange Contractors GSA to which Defendant City of Gustine GSA, Defendant City of Firebaugh GSA, Defendant City of Fresno GSA for DeltaMendota Subbasin Management Area B, Defendant Merced County Delta‐Mendota GSA, Defendant City of Los Banos GSA, Defendant City of Mendota GSA, Defendant City of Newm...

Excerpt: ...claims against them, that, given the nature of this coordinated action, it is not feasible at this time to determine the extent to which Plaintiff may or may not have exhausted administrative remedies. This Court finds that the Verified Reverse Validation Complaint filed March 16, 2020 is timely filed. Finally, this Court. Plaintiff's objection to some of the demurrers on the grounds that they are procedurally defective is also OVERRULED and this...

Excerpt: ... account of all actions taken by Steven Margaretic with regard to assets in which Mt. Buillion Properties, LLC has or has ever had an interest that were within the possession or control of Defendant Steven Margaretic during the period March 1, 2019 to present, along with copies of all documents supporting the transactions addressed in the account. Defendant Steven Margaretic is a ficuciary and all fiduciaries have a duty to account. Paragraph 52 ...

Excerpt: ...including a claim for injury arising from the same slip and fall in the Los Banos restaurant. The employer defendant in the Tulare County action is alleged to have filed a clam for equitable indenminty against the defendant in the instant action. While the personal injury portion of the Tulare County action arises from the same incident as the instant personal case, the basis for liability is The following tentative rulings shall become the rulin...

Excerpt: ... to CCP § 2023.030(a). This matter is continued on the Court's own motion to Thursday, February 24, 2022 at 8:15 a.m. in Courtroom 8. On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, dates, times, and the identification of the specific individuals involve...

Excerpt: ...ains the following allegation: “Cross‐Complainant is informed and believes, and thereon alleges that Cross‐Defendant ALTENERGY POWER SYSTEMS, USA, INC. dba 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 4:00 p.m. of your intent...

Excerpt: ...d. (See e.g. Wright v. Rogers (1959) 172 Cal.App.2d 349, 365‐366.) The instant demurrer is brought by Defendant Dual Arch International, Inc., which is alleged to be “engaged in the business of title insurance, banking services, including foreclosure, and acting as trustee for banks, mortgage holders and lien holders (Second Amended Complaint ¶ 3), that Defendants Gurjit, Gursharan, and Tajender allegedly substituted as trustee under the all...

Excerpt: ...ond Amended Complaint's First, Second, Third, Fourth, and Fifth Causes of Action for uncertainty is GRANTED. The demurrers to such causes of action on other grounds are OVERRULED AS MOOT. The Complaint fails to state the precise legal grounds (e.g. privity, assignment, third party beneficiary, novation, estoppel) that Plaintiff, West Creek Builders LLC, asserts as entitling it to enforce each of the contracts alleged in the Second Amended Complai...

Excerpt: ...Third, Fourth, Fifth, and Sixth Causes of Action fail to state a cause of action and are uncertain is OVERRULED. Plaintiffs have standing and have substantially complied with CCP § 377.32. Each cause of action is not uncertain and states sufficient facts, which are assumed to be true, to establish the causes of action alleged. Motion to Strike (1) the claim for injunctive relief, (2) general damages, (3) attorney's fees and costs, (4) punitive d...

Excerpt: ...(118.1 hours times $275=$32,477.50) plus costs of $5,113.02, for a total award of $37,590.52 fees and costs, and denies the motion to the extent a greater amount was requested. First, this Court's reasonable fee analysis begins with the fact the $32.477.50 of attorney's fees awarded above is more than double the amount Plaintiff's counsel would have received as a contingent fee if this matter had been litigated to a judgment of $30,000, the amoun...

Excerpt: ...ve 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 4:00 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. To limit the spread of the COVID‐19 virus, the court ...

Excerpt: ... constituted outrageous conduct. Assuming that premise to be true, Defendant ECP LP is not alleged to be a party responsible for the wrongful foreclosure, but is alleged to be the purchaser of the property at the foreclosure sale. Thus, as alleged, the facts stated in the Second Amended Complaint do not allege outrageous conduct by Defendant ECP LP and therefore fail to state a cause of action for intentional infliction of emotional distress agai...

Excerpt: ...an agency employing Defendants Jason Enger and Patrice Lorenzo‐Bostrom to an agency employing Defendant and moving party Sandra Genova concerning Plaintiff's fitness as a foster care provider. Defendant Sandra Genova has established a prima facie case that Plaintiff's claims are subject to CCP § 425.16 because it demonstrates that the communications were exercise of free speech in connection with a matter of public interest in that the fitness...

Excerpt: ...owever on April 12, 2021, after the instant motion as filed, Plaintiff dismissed Defendant Pioneer Elementary School District, thereby rendering that portion of these Motions moot), filed January 27, 2021, initially set for hearing on April 14, 2021, and continued to October 7, 2021 by the 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�...

Excerpt: ...of settlement, preliminarily approves class counsel's attorney's fees as $157,500 and reasonable costs not to exceed $20,000, preliminarily approves payment of an enhancement award of $5,000 to the class representative, preliminarily approves allocation of $30,000 as the PAGA Settlement payment of which 75% will be paid to CLWA and 25% to class members, preliminarily approves settlement administration services to be provided by CPT Group. Inc. fo...

Excerpt: ...29, 2020, that an employee found the Dependent Adult on the street but failed to take protective action, with the result that the Dependent Adult continued to walk into a canal area, fell into a canal and drowned. These allegations are assumed to be true for purposes of the instant demurrer. Accordingly, the demurrer is OVERRULED. Motion to Strike Portions of Plaintiffs' First Amended Complaint Defendant's motion to strike portions of plaintiffs'...

Excerpt: ...l Interrogatories, Set One, numbers 1‐3, 5‐7, 9‐10, 12, 14, 17, and 20‐21 by September 30, 2021. Defendant's request for monetary sanctions pursuant to CCP §§ 2023.010‐2023.040, 2023.030(a), and 2030.290(c) against Plaintiff and her attorney is GRANTED. Plaintiff and/or their attorney is ordered to pay $2,205.00 in monetary sanctions by September 30, 2021. The Court will not sign the proposed order lodged with the court on August 13, ...

Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...

Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...

Excerpt: ...ding Judge. The Motion to Compel Deposition of Defendant's Person or Persons Most Knowledgeable re Categories 15, 21 and 22 and Request for Monetary Sanctions pursuant to CCP § 2023.030(b) is GRANTED and Defendant's objections are OVERRULED. While the ultimate question of whether Defendant's 6th, 9th, 11th, 18th, 20th , 22nd, and 24th Affirmative Defenses are meritorious may constitute a legal conclusion, all facts to be offered at trial in conn...

Excerpt: ...Products LLC offer significant evidence that Defendant Kleinfelder, Inc. was negligent in the performance of the inspection duties that Merced Union High School District hired it to perform, Defendants Custom Building Products, Inc. and Custom Building Products LLC offer not evidence or argument as to why such negligence fails to satisfy the Tech‐Bilt factors given the agreement that Defendant Kleinfelder, Inc. would not be liable for any porti...

Excerpt: ...y strong smell of raw marijuana, and that the size and use of that type of duffle bag was inconsistent with lawful conduct. Probable cause was bolstered by the unusually nervous and furtive behavior of the defendant. Accordingly, the motion to suppress is DENIED. ...

Excerpt: ...DENIED WITHOUT PREJUDICE. Defendant is ordered to contact witness Rosalba Sanchez and consult with the witness and, if necessary, her doctors to ascertain the circumstances and time under which a deposition might not place an undue burden on her health. One issue may be the time by which she expects to have sufficiently recovered from COVID so as not to present a risk of infection to others, and by which she would be capable of answering question...

Excerpt: ...�] as asserted without authority in the Motion to Dismiss and why the District Attorney has not filed an opposition to the motion allegedly delivered to a District Attorney Court Box. The Court notes that the Request for Admission Number 2 that are the subject of the pending Motion to Compel set for hearing on September 1, 2021 would, if deemed admitted or proven at trial, appear to establish that the subject proceeds were obtained in exchange fo...

Excerpt: ...the First, Second, Third, Fourth, and Fifth Causes of Action therein on grounds of uncertainty and failure to state a claim. The Demurrer to the First, Second and Third Causes of Action on the grounds of uncertainty and failure to state a claim are OVERRULED. The Demurrers to the Fourth and Fifth Causes of Action for Fraud and Negligent Misrepresentation are SUSTAINED WIITHOUT LEAVE TO AMEND. Plaintiff has failed to allege fraud with particularit...

Excerpt: ...abate the alleged nuisance by immediate removal of the pipeline, (b) general damages, (c) costs, and (d) other relief. The relief requested for the Second Cause of Action is (a) injunctive relief to abate the alleged nuisance by immediate removal of the encroaching trees, (b) costs, and (c) other relief. The relief requested for the Third Cause of Acton is (a) restitution of the premises, (b) general damages, (c) costs, and (d) other relief. Ther...

Excerpt: ...mended Complaint's Eleventh Cause of Action for Fraudulent Concealment and the Twelfth Cause of Action for Recission are OVERRULED. The Sixth Amended Complaint's Eleventh Cause of Action for Fraudulent Concealment alleges, with particularity, communications in the 2004 time frame concerning the potential for water intrusion from the Merced Irrigation District Canal that adversely affected the residential subdivision built on those properties. The...

Excerpt: ...ered to contact the clerk of the court at (209) 725‐ 4240 to provide their contact information for the remote hearing. The OSC re sanctions is DISCHARGED. In the future, the parties are ordered to set a hearing on the Court's 8:15 a.m. Law and Motion Calendar whenever any party files objections to a Special Master Order. The Objections by Merced Irrigation District filed March 3, 2021 are OVERRULED. The primary objection is that Merced Irrigati...

Excerpt: ...ies of all information supporting the alleged charges is provided to Plaintiff on the grounds that Plaintiff cannot effectively explain his conduct without additional information about the charges. There is no evidence that Plaintiff has exhausted his administrative remedies by formally requesting unredacted copies of all documents supporting the alleged charges, and no evidence that Plaintiff has exhausted his administrative remedies by requesti...

Excerpt: ...ith Cross‐Defendant Kleinfelder, Inc. excluded any warranty claim, so the liability of Cross‐Defendant Kleinfelder, Inc. is based on the theory that Cross‐Defendant Kleinfelder, Inc. was negligent in discovering and warning about the negligence of contractors who were providing a warranty for their products and services. Put another way, even if Cross‐Defendant Kleinfelder, Inc. were found liable for 100% of the unpaid balance of the cost...

Excerpt: ...(q) because it was filed within three years of January 1, 2020. CCP § 340.1 expressly applies to entities, and Government Code § 905 excludes claim presentation requirements for claims brought against public entities under CCP § 340.1. The Legislature therefore intended that CCP § 340.1 apply to public entities. “Either a total lack of supervision or ineffective supervision may constitute a lack of ordinary care on the part of those respons...

Excerpt: ...arp tactics, that the agreement is conspicuous, that the fact that specific arbitration rules are not mandated, but are to be agreed to by the parties does not render the agreement unconscionable or inadequate, and that the choice of law provisions are not unconscionable and are of a type commonly enforced. The court finds that Plaintiff's arguments regarding substantive unconscionability are unavailing. The absence of a Berman hearing does not r...

Excerpt: ...vidence of oppression, surprise, or sharp tactics, that the agreement is conspicuous, that the fact that specific arbitration rules are not mandated, but are to be agreed to by the parties does not render the agreement unconscionable or inadequate, and that the choice of law provisions are not unconscionable and are of a type commonly enforced. The court finds that Plaintiffs' arguments regarding substantive unconscionability are unavailing. The ...

Excerpt: ...ld Textile Services, San Diego, LLC, Wash Encore Holdings, LLC, Jaye Park, and Chris Sznewajs named in the CrossComplaint filed by Automatic Boiler Company, Inc. on August 18, 2020 filed the instant motion to strike the pleadings of Automatic Boiler Company, Inc. on the grounds that 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 ...

Excerpt: ...iness during the pendency of this litigation. The preliminary injunction is without prejudice to the right of Defendants to appear by noticed motion, or if exigent circumstances exist, ex parte, to seek modification of the preliminary injunction to permit a specific transaction. Plaintiff shall post an undertaking of $50,000. Defendants have not established that attachment is inappropriate simply because the ownership of the land to be attached i...

Excerpt: ... Courts should generally be liberal in permitting amendments to pleadings, as long as the statute of limitations has not expired and the opposing party will not be prejudiced by the amendment from, for example, a delay in the trial of the case, the loss of critical evidence, or added costs of trial preparation. Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240. Since the motion only seeks to reduce the size of the class, there is no preju...

Excerpt: ...etaliation, Failure to Prevent Discrimination, etc. If more than one administrative action is asserted to violate a given FEHA cause of action, e.g. discrimination with regard to sick leave and discrimination with regard to termination of employment, each alleged discriminatory action should be alleged as a separate cause of action. The Demurrer for Failure to State a Cause of Action is SUSTAINED WITH LEAVE TO AMEND to allege exhaustion of the FE...

Excerpt: ...uant to CCP § 425.16 envisions a two‐step process: First the Defendant must make a threshold showing that the challenged allegations arise from a protected activity. If Defendant makes the required showing, Plaintiff must present competent admissible evidence showing a probability that they will prevail on the merits. Cross‐ Defendants satisfied their initial burden by demonstrating that the First Amended Cross‐Complaint's Paragraph 116 in...

Excerpt: ... form DRE and that he would provide adequate legal services which Plaintiff retained Defendant to provide.” Such facts do not entitle either Plaintiff to punitive damages. Paragraph 65 alleges “Defendant introduced Plaintiff to other clients of his, one of them being Shearer, concerned this would create a conflict of interest, Plaintiff voiced her concerns to defendant. Defendant expressly assured Plaintiff there was no conflict of interest. ...

Excerpt: ...le Action Against Merced County Office of Education and Winton School District is DENIED. The weight of evidence before this court is that Plaintiff never filed a claim or an application to file a late claim with either Merced County Office of Education or Winton School District. Documents submitted to Merced County with regard to a claim against Merced County do not satisfy the need to file a separate claim with Merced County Office of Education...

Excerpt: ...regard to a claim against Merced County do not satisfy the need to file a separate claim with Merced County Office of Education and Winton School District. While mistake concerning the respective legal relationship between Merced County and Merced County Office of Education and Winton School District may, under certain circumstances, qualify as grounds justifying a late claim, it does not excuse the filing of any claim whatsoever. The weight of e...

Excerpt: ...by concealing the fact of his incarceration. Exercising its independent judgment, this court finds that the Commissioner property determined that Petitioner was subject to profesional discipline and the Commissioner did not abuse his discretion by determining that the appropivate discipline was license revocation. This Court further finds that, under the circumstances, revocation of Petitioner's license is in the Public's Interest. ...

Excerpt: ...ties are ordered to contact the clerk of the court at (209) 725‐4240 to provide their contact information for the remote hearing at 1:30 p.m. No appearance is necessary at the 8:15 a.m. hearing. For the convenience of the parties, the court issues the following tentative ruling: The Application for Preliminary Injunction is DENIED and the Temporary Restraining Order currently in effect is DISSOLVED. Merced Irrigation District bears the burden o...

Excerpt: ...to the amended allegations were discovered; and (4) The reasons why the request for amendment was not made earlier.” (See e.g. Record v. Reason (1999) 73 Cal.App.4th 472, 478 [“even if a good amendment is proposed in proper form, unwarranted delay in presenting it may—of itself—be a valid reason for denial”][quoting Roemer v. Retail Credit Co. (1975) 44 Cal.App.3d 926, 939–940].) Second, the Class Action Allegations contained in the P...

Excerpt: ... Interrogatory #2 [All Facts Supporting Contention that the trailer does not qualify for repurchase], #3 [All persons who have knowledge supporting such contention], #5 [Identification of Customers supporting response to Interrogatory 4], #6 [All persons who have knowledge supporting response to Interrogatory 4], and 7 [Number of customer complaints regarding same make, model, and year vehicle]. The objections by Defendant Eclipse Recreational Ve...

Excerpt: ... and retention, a Fourth Cause of Action for Negligence in violation of Government Code § 815.2(a), and a Fifth Cause of Action for Violation of the Unruh Act arising from the treatment the minor Plaintiff at his school. Plaintiff seeks to compel Defendant Celine Bautista to provide further responses to Form Interrogatories, Set One, Nos. 10.2 [physical or emotional disabilities you had prior to the incident], 12.1 [witnesses and statements to i...

Excerpt: ...f fails to state a claim for which relief can be granted. The demurrer to the First Cause of Action for Cancellation of Deed is OVERRULED. Paragraphs 15 and 16 allege that the Quit Claim deed Plaintiff signed was represented to be a transfer of utilities, a grounds for cancellation under Civil Code § 3412. While the complaint is uncertain in that it fails to specify whether the misrepresentation concerning the nature of the document signed is al...

Excerpt: ... Enrique Cervantes Zamora for release of wage hour claims that are not included in the PAGA action as partial consideration for his agreement to settle the PAGA claims for $55,000. Clearly Plaintiff Enrique Cervantes Zamora has a conflict of interest between what is best for him personally and what is best for the PAGA class, and is therefore no longer a suitable representative Plaintiff for the PAGA action. PAGA counsel would appear to have a co...

Excerpt: ... Enrique Cervantes Zamora for release of wage hour claims that are no included in the PAGA action as partial consideration for his agreement to settle the PAGA claims for $55,000. Clearly Plaintiff Enrique Cervantes Zamora has a conflict of interest between what is best for him personally and what is best for the PAGA class, and is therefore no longer a suitable representative Plaintiff for the PAGA action. PAGA counsel would appear to have a con...

Excerpt: ...ablishing liability under Government Code § 815.2, Government Code § 815.4 or Government Code § 820 are insufficient, because liability depends on terms of the specific statute under which liability is asserted. (See Government Code § 815; Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.4th 1175, 1183 [“…direct tort liability of public entities must be based on a specific statute declaring them to be liable, or at least creat...

Excerpt: ...835 and qualify as a dangerous condition on public property, then every step and stairway located on any California Public Property (and for that matter, every curb to every sidewalk located on public property) would also qualify as a dangerous condition because a person approaching the step or curb from the lower side will fall if they fail to observe the step and fail to step up onto the step. Whether there is a dangerous condition may be resol...

Excerpt: ...ng 25% of the approximately $15,840.00 residual, i.e. approximately $3,960 to be split between 39 employees, or an average of approximately $101.00 per employee. If, for example, the allocation to Plaintiff were reduced to $3,000, the residual would increase to $27,840, and the 25% allocated to the 39 other employees would increase to $6,960 or an average of $178 per employee, a 76% increase to the aggrieved employees. The briefing should also ad...

Excerpt: ...ct, the employer of the truck's driver, Defendant Jack William, is GRANTED. As a matter of first impression in California, this court finds that the Graves Amendment, 49 U.S.C. § 301106(a) preempts California Vehicle Code § 17150 in cases such as this where the elements of the Graves Amendment are satisfied and the Graves Amendment savings clause does not apply. This court finds that Defendants Undisputed Facts are supported by admissible evide...

Excerpt: ...d its tentative ruling which denied without prejudice the request for OSC re Preliminary Injunction and TRO with regard to the First Cause of Action for Public Nuisance, granted in part and denied in part the request for OSC re Preliminary Injunction and TRO with regard to the Second Cause of Action for Unfair Business Practices and issued an OSC re Preliminary Injunction and TRO 20 categories of specific safety precautions, and ordered Plaintiff...

Excerpt: ...iversity of California implemented data analysis to support UC PATH mitigation], 62 [Identify the results of the data analysis conducted to support UC PATH process mitigation], 63 [Identify all documents containing the results of the data analysis conducted to support UC Path process mitigation], 66 [State the employee identification number of each person employed by the University of California in the Payroll Analyst 2 job position at any time b...

Excerpt: ...son, due to multiple alleged conflicts of interest. The court has been unable to locate the declarations and evidence alluded to throughout the motion as establishing the alleged conflicts of interest and it appears that such declarations were not filed with the court on December 15, 2020, although the proof of service indicates that Declarations of Cyrus Nownejad, Gita Nownejad, and K. Raldis were served on the parties along with the moving pape...

Excerpt: ... Misrepresentation, and the Fourteenth Cause of Action for Rescission Based on Fraud are adequate to state a claim against an individual defendant, the allegations of the Fourth Amended Complaint do not satisfy the stricter pleading requirements for fraud against corporate defendants. Unless all of the Plaintiffs received the same representation at the same time, in the same manner, and from the same person, each plaintiff must allege (1) the nam...

Excerpt: ... Contract‐ Personal Guaranty, a Sixth Cause of Action to enforce License Bond against Surety, a Seventh Cause of Action for Foreclosure of Mechanics Lien, and an Eighth Cause of Action (named in the complaint as a second Seventh Cause of Action) to Enforce Private Work Stop Payment Notice. On November 19, 2020, Plaintiff filed a motion for summary judgment, or in the alternative, summary adjudication, of the First, Second, Third, Fourth, and Fi...

Excerpt: ...aratory Relief pursuant to California Code of Civil Procedure section 1060. The instant application by Plaintiffs for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction seeks eleven categories of mandatory injunctive relief and is supported by twelve initial and four responsive declarations. Notice of the instant application has been provided to Defendant and Defendant has filed an opposition supported by three initial ...