Excerpt: ... of Issues) as well as Issue 10 (Plaintiff cannot recover punitive damages) and DENIES summary adjudication of the other Issues (2‐9) set forth in the Defendant's notice, including that the Plaintiff's claim of retaliation brought under Health and Safety Code Section 1278.5 is barred, as follows. With regard to Defendant's motion for summary adjudication of Plaintiff's causes of action for retaliation, disability discrimination, failure to enga...

Excerpt: ...ss of renting motor vehicles. Under federal law, a rental car company and its affiliates cannot be held vicariously liable for the negligent acts of its customers. (See 49 U.S.C. § 30106.) In this case, the complaint does not allege any non‐conclusory facts stating a cause of action for direct liability of the demurring defendants based on their negligence (such as negligent entrustment) or criminal wrongdoing. (See 49 U.S.C., § 30106, subd. ...

Excerpt: ...ant's request for terminating sanctions without prejudice at this time. Numerous cases hold that severe sanctions (i.e., evidence or terminating sanctions) for failure to comply with a Court order are allowed only where the failure was willful. See R.S. Creative, Inc. v. Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 495; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545; Biles v. Exxon Mobil Corp. (2004) 124 Cal.App.4th 1315, 1327. Defenda...

Excerpt: ... there is no triable issue of material fact and Defendant is entitled to judgment as a matter of law. Defendant has proven his defense to the Plaintiff's cause of action – that he met the applicable standard of care at all times 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 ...

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

Excerpt: ...and Several Liability” is OVERRULED. The complaint alleges facts sufficient to show reasonable doubt as to which of the two named defendants are liable for plaintiff Roxana Stobaugh's injuries. It is unnecessary for the Court to determine also whether the complaint alleges sufficient facts showing a valid claim for joint and several liability. If the complaint states a cause of action under any legal theory, regardless of the title under which ...

Excerpt: ...2, 966‐967.) The Court must construe the complaint “liberally … with a view to substantial justice between the parties.” (Code Civ. Proc., § 452.) The general demurrer by cross‐defendants Frank Duclo, Paula Duclo, and Frank Duclo, Jr. to the first cause of action for breach of contract in the first amended cross‐complaint The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to ...