Excerpt: ...ere as follows: The Motion by Lenice Wilson as Trustee of the Wilson Charles & Lenice 2015 Revocable Living Trust Incorrectly Sued as Estate of Charles Rayburn Wilson to Compel Responses by Estate of Edyna Sischo‐Nownejad to Request for Admissions, to Strike Improper Objections, Compel Verification, and Request for Monetary Sanctions of $2,343.75. pursuant to CCP § 2033.010 is GRANTED. The Motion by Lenice Wilson as Trustee of the Wilson Charl...

Excerpt: ...de standing to litigate the reasonableness of an industrial use of water. (See In re Water of Hallett Creek Stream Sys. (1988) 44 Cal.3d 488, 472 fn 16.) While COVID‐19 related guidelines may be relevant to whether an injunction may issue at a given point in time, they do not preclude litigation of the underlying rights for which injunctive relief is sought and cannot preempt state law concerning unreasonable use of water within that state. Fin...

Excerpt: ...lex Vega and using the reference name “CW‐1” prepared a 3 page written report of the interview in which “CW‐1” reported that Joseph Elias Castrillo confessed to “CW‐1” that Castrillo had murdered Merced Taxi Cab driver Dean Barker” and alleged in Paragraph 30 “that in the written report of the interview with “CW‐1” by Detective Johnson in Case #2015‐00669 included personally The following tentative rulings shall beco...

Excerpt: ... motion seeks to continue. Second, while the court is sympathetic to the death of counsel's sister and the delay that may have caused to the filing of a motion to disqualify defense counsel, there has as yet been no showing that the outcome of the motion to disqualify is relevant to the right of the Defendants to obtain the discovery sought, regardless of whether their current counsel is disqualified. The court notes that the nature of the discov...

Excerpt: ...ncerns can be addressed by a suitable protective order or redaction of employee identifying information and assignment of an identification code to each record. Defendant is ordered to produce records of employees who are members of the putative class alleged in the operative complaint having even numbered social security numbers, without regard to employment location, without regard to business line, unless the parties enter into a written agree...

Excerpt: ...e regular rate of pay of covered employees udering the relevant time period] and 32 [Describe Defendants methods, polices and procedures during the relevant time period for rounding covered employees' overtime pay] and for monetary sanctions of $4,666.50 against Defendants and its counsel of record pursuant to CCP § § 2023.010 is GRANTED IN PART. Defendant's objections are frivolous and are therefore overruled, and Defendant is ordered to serve...

Excerpt: ...the employees of Defendant Smart & Final Stores, LLC employed during the period applicable to each claim by representative plaintiffs. It would appear that the only potential conflict where a firm represents more than one PAGA representative Plaintiff against the same Defendant would be the potential effect that the representation of one PAGA representative Plantiff might have on a different PAGA representative Plaintiff's ability to be compensat...

Excerpt: ...led a Notice of Settlement. The declaration indicates that the parties have reached an impasse on the wording of the release. The acceptance of a CCP § 998 constitutes an agreement to enter judgment for the agreed upon amount in the pending action which in turn, pursuant to the doctrine of res judicata, bars further actions on claims that were brought or could have been brought in the pending action. In does not necessarily bar “all claims kno...

Excerpt: ... its documents in support of or in opposition to the motion [for class certification] must be filed.” (Cabrini v. Superior Court (1994) 26 Cal.App.4th 239, 244.) While there is merit to Defendant's contentions that some discovery requests were unartfully drafted or contained provisions barred by the discovery rules, the remedy is to provide appropriate responses to the portion of a request that seeks legitimate discovery and refuse to provide r...

Excerpt: ... complies or orders declaring matter admitted or established if answers are not received. It is only when a party persists in disobeying the court's orders that the ultimate doomsday sanctions of dismissing the action is justified. (Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. Of New York, Inc. (2016) 246 Cal.App.4th 566, 604; Siry Investments, L.P. v. Farkhondepour (2020) 45 Cal.App.5th 1098, 1117 [disc...

Excerpt: ...fendant Travelers Property Casualty Company contends that Plaintiff has failed to establish a prima facie case that it is entitled to judgment as a matter of law because proposed undisputed facts are not supported by admissible evidence, and that an exclusion for professional services contained in the subject policy precludes coverage because there is a triable issue of material fact as to whether Plaintiff Architectural Firm Bunton, Clifford & A...

Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. Motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust. ‘ The motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust is GRANTED. First, the Complaint's first cause of action for Dangerous Condition on Public Properly Pursuant to Government Code § 835 does not establish a clai...

Excerpt: ...the first, second, and sixth causes of action of the complaint by Bernards Bros, Inc. in Case 19CV‐03817 is DENIED. Defendants fail to provide admissible evidence establishing a prima facie case that they are entitled to judgment as a matter of law. Even if Defendants were deemed to have established a prima face case, Bernards Bros., Inc, has established triable issues of material fact with regard to each ground on which summary judgment or sum...

Excerpt: ...fendant Travelers Property Casualty Company contends that Plaintiff has failed to establish a prima facie case that it is entitled to judgment as a matter of law because proposed undisputed facts are not supported by admissible evidence, and that an exclusion for professional services contained in the subject policy precludes coverage because there is a triable issue of material fact as to whether Plaintiff Architectural Firm Bunton, Clifford & A...

Excerpt: ...nt cause of the accident does not entitle Defendant to judgment as a matter of law because California is a comparative negligence state and even though a jury might find Plaintiff to be 99% or 100% at fault, the degree of Plaintiff's comparative fault is a triable issue of material fact. Defendant's Undisputed Facts Numbers 1‐7 are supported by admissible evidence and establish a prima facie case that Defendant is entitled to judgment as a matt...

Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...

Excerpt: ...tion. Accordingly, leave to amend would appear to be futile. This court therefore SUSTAINS the Demurrer to the Third Amended Complaint WITHOUT LEAVE TO AMEND. Under White v. Square, Inc. (2019) 7 Cal.5th 1019, a person intending to use web based services who encounters a facially neutral term of service that bars some categories of transactions but not others, does not have standing to pursue intentional discrimination claim based on allegations ...

Excerpt: ...tion. Accordingly, leave to amend would appear to be futile. This court therefore SUSTAINS the Demurrer to the Third Amended Complaint WITHOUT LEAVE TO AMEND. Under White v. Square, Inc. (2019) 7 Cal.5th 1019, a person intending to use web based services who encounters a facially neutral term of service that bars some categories of transactions but not others, does not have standing to pursue intentional discrimination claim based on allegations ...

Excerpt: ...nce that establishes a prima facie case that Defendant Apple, Inc. is entitled to judgment as a matter of law. This shifts the burden of proof to Plaintiff to establish a triable issue of material fact. The essence of Plaintiff's opposition is that Defendant failed to accommodate Plaintiff's disability because Plaintiff was unable to perform the duties of the job she was hired to perform, even with reasonable accommodations because she suffered e...

Excerpt: ...ing information from discovery is asserted, the party asserting such privilege, work product or other grounds for withholding documents or information from discovery will be barred from offering such documents or information, or testimony about such documents or information, at trial. That motion is GRANTED. Any party is free to waive privilege, work product, or other basis for withholding information from discovery; however, to the extent that a...

Excerpt: ...of Request for Admissions Numbers 1‐3 and unambiguously denies the reaminder. Sanctions in the amount of $1,220.00 are awarded pursuant to CCP §§ 2023.010 and 2023.030(a). Plaintiff is to serve Supplemental responses and payment of sanctions by September 25, 2020. Motion for Summary Adjudication Defendant Liberty Packing Company's motion for summary adjudication of the following issues: (1) The First Cause of Action for Discrimination is with...

Excerpt: ...o Facts Number 2, 6, 7, 8, and 10. Plaintiff's evidentiary objections are SUSTAINED. If there is any objection to this tentative ruling, this motion is continued on the court's own motion to Friday, September 11, 2020 at 8:15 a.m. in Courtroom 8. Motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust. The motion for Summary Judgment by Defendants Richard J. Meyer, Linda B. Meyer and Meyer Family Trust is...

Excerpt: ...s of action for (1) Inverse Condemnation against Merced Irrigation District, (2) Negligent Maintenance against Merced Irrigation District, (3) Dangerous Condition on Property against Merced Irrigation District, (4) Nuisance against Merced Irrigation District, (5) Breach of Contract against the Ransom Piro Construction and Development Defendants, (6) Violations of Civil Code § 895 against the Ransom Piro Construction and Development Defendants, (...

Excerpt: ...isting order are not being obeyed. The appropriate remedy for any violation of the existing restraining order is to report such violation to the police. If, in January of 2021, Respondent wishes to extend the terms of the restraining order, she may file an application for renewal on or before the existing order expires on February 26, 2021. Since there is no action for the court to take at this time, the Petition to Modify is DISMISSED. If there ...

Excerpt: ...se the plaintiff lacks mental competence allegedly as a result of a traumatic brain injury suffered as a result of the incident giving rise to this action. Consequently, the Guardian Ad Litem lacks personal knowledge of many facts that a typical competent plaintiff could testify to based on the Plaintiff's own personal knowledge. When receiving discovery requests, the Guardian Ad Litem has an obligation to conduct a diligent search and make reaso...