Excerpt: ...h. Third Street further moves, pursuant to Code of Civil Procedure section 368.5, for an order granting leave for Third Street to be substituted in place of Syar for purposes of Syar's affirmative claims against Defendants RLM Construction Services, Inc. (RLM) and Michael Reyes (Reyes). Third Street's request for judicial notice of the Court filings in this case (Exhibits 1‐4) is GRANTED but not for the truth of the matters asserted therein. I....

Excerpt: ...ions thereto are without merit. Finally, plaintiff seeks monetary sanctions against Defendant in the amount of $1,860.00. Plaintiff acknowledges that, subsequent to Plaintiff's filing of the instant motion, Defendant produced additional responses to the subject discovery.4 (See Reply at 2:4‐6, 3:11‐ 13.) The Court shares Plaintiff's frustration at the waste of time and effort necessitated by Defendants' failure to provide the supplemental res...

Excerpt: ...endant) served on SafeWay Psychological Services (SafeWay). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (3) the subpoena is vague, ambiguous, overbroad, and not reasonably calculated to lead to the disc...

Excerpt: ...position subpoena. Moreover, that Declaration did not include any of the purported exhibits thereto. On March 8, 2022, The Court published a Tentative Ruling in advance of the original hearing date on the motion. That Tentative Ruling identified the evidentiary deficiencies described above. On March 11, 2022, Plaintiff filed a document captioned “CORRECTED DECLARATION OF STEVEN H. KUHN, ESQ. IN SUPPORT OF MOTION FOR ORDER COMPELLING DEPONENT MA...

Excerpt: ...n settlement than he would if he 6 were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants.” (Tech‐Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488, 499.) However, a party objecting that a settlement lacks good faith...

Excerpt: ...nclude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who re...

Excerpt: ...IN PART. Plaintiff shall serve, within 10 days from notice of entry of the present order, verified supplemental responses to special interrogatory nos. 4‐6 and request for production of documents nos. 1 and 3 in accordance with the discussion below. Defendant argues that the unverified responses to special interrogatory nos. 4‐6 are not complete and straightforward pursuant to Code of Civil Procedure sections 2030.210 and 2030.220, subd. (a)....

Excerpt: ...tion for summary adjudication is DENIED in all other respects. The motion for summary judgment is also DENIED. A. PROCEDURAL MATTERS QVMC and SJH move, pursuant to Code of Civil Procedure, section 437c, for summary judgment against Plaintiff David Wayne Edwards, Jr. on three grounds: (1) QVMC nurses did not breach the standard of care; (2) QVMC and SJH owed no duty to protect Plaintiff from the negligence of treating physicians because those phys...

Excerpt: ...ued as a shareholder without the minimum legal requirements of showing he controlled and participated directly in the alleged wrongful conduct”; (2) “there is no legal duress, no wrongful acts (allegations of actions/inaction) – essential elements of a Financial Abuse cause of action”; and (3) “[the third cause of action] relies on inadmissible and uncorroborated storytelling to contradict a fully integrated contract.” (Notice at 2.) ...

Excerpt: ...2 Wine Group, LLC's Third Cause of Action. On March 22, 2022, Merryvale filed a notice of withdrawal of its motion for summary judgment. As the underlying motion for summary adjudication is now withdrawn, the motion to seal documents filed in support thereof is MOOT. As such, the Clerk is directed to return the lodged records to the moving party if it is in paper form or permanently delete the lodged record if it is in electronic form. [2] RO AND...

Excerpt: ...he following facts appear to be uncontested. From in or around 2016 until March 2017, Plaintiff, as an independent contractor, provided project management services to Defendant relating to the development of a “state of the art equestrian facility and new horseback trail riding business.” (FAC at ¶ 10.) In March 2017, Defendant employed Plaintiff full‐time in the roll of equine‐manager for said business. It appears from the Complaint and...

Excerpt: ...orcal Gold. Inc., James O'Bryon, and RE/MAX Gold move to strike Plaintiffs' SAC and TAC on the grounds that both were improperly filed. A. PROCEDURAL MATTERS 1. Defendants' Request for Judicial Notice Defendants' Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Minute Order – sustaining Defendants' demurrer to Plaintiffs' original complaint – entered in this action on August 6, 2021 (Order on Original Demurrer). ...

Excerpt: .... (e), to the seventh cause of action for elder abuse asserted in Plaintiffs Gerald L. Nunn and Judith L. Nunn's (“Plaintiffs”) first amendment to the third amended complaint (“TAC”). A. JUDICIAL NOTICE Defendants' request for judicial notice regarding the five court filings and orders is GRANTED but not for the truth of the matters asserted therein. Likewise, Plaintiffs' request for judicial notice of the three court orders is GRANTED bu...

Excerpt: ...ir Inc. (“ESR”) to comply with Plaintiffs' deposition subpoena for business records issued in December 2021 (the “Subpoena”). If a nonparty disobeys a deposition subpoena, the subpoenaing party may seek a court order compelling the nonparty to comply with the subpoena within 60 days after completion of 5 the deposition record. (Code Civ. Proc., § 2025.480, subd. (b), § 1987.1, subd. (a).)1 The subpoenaed party's objections or other resp...

Excerpt: ...ough this motion during the depositions as to specific questions. I. PROCEDURAL MATTERS Third‐parties to this litigation Richard Troche and Mike Dion (collectively Movants) move, pursuant to Code of Civil Procedure sections 2020.220, 2025.410, 2025.420, and 1987.1 et seq., for an order quashing, and a protective order regarding, the deposition subpoenas served by Defendant on the grounds that: (1) the subpoenas are a misuse of the discovery pro...

Excerpt: ... at issue and Plaintiff lives in New York state. 16 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court ma...

Excerpt: ...opez (collectively, “Plaintiffs”), in their individual capacities and as heirs and successors‐in‐interest to decedent Edelmira Ruiz Lopez (“Decedent”). Defendants bring the motion on the grounds that the undisputed material facts demonstrate that the action is barred as a matter of law by the exclusive remedy provisions of the Worker's Compensation Act (“Act”) (Lab. Code, § 3601, subd. (a) and § 3602, subd. (a).) The moving part...

Excerpt: ...s for implied indemnity, equitable indemnity, comparative indemnity and/or contribution in accordance. The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Loc...

Excerpt: ...ories, requests for production, special interrogatories, and requests for admissions; and (2) awarding the amount of $2,865 as reimbursement/sanctions against Defendant. I. MOTION TO COMPEL Pursuant to Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280, if a party to whom interrogatories, requests for production of documents, and/or requests for admissions have been directed fails to comply with the request, then the party to whom ...

Excerpt: ...Request for Production of Documents, Set One. 5 The subject of the present motion is a single document: the original of the Sixth Amendment to the Miller Family Trust. It appears uncontroverted that in response to Plaintiff's counsel's suggestion that the document, or the signature thereupon, may have been forged, Defense undertook to lodge the original with the Court.1 As such, the subject document is no longer in Defendant's possession, custody...

Excerpt: ...ecords under Superior Court case number 19WL000052. 6 the subject roadway did not pose a substantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. I. PROCEDUR...

Excerpt: ...e Court of its election (for the lodged records to be filed unsealed). This notification must be received within 10 days of the date of the present order denying the motion to seal. (See Rules of Court, rule 2.551, subd. (b)(6).) Defendant Pacific Gas & Electric Company (PG&E) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the following documents relating to PG&E's concurrent Motion to Retain Confidentiality and Mo...

Excerpt: ...efore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Petit...

Excerpt: ...nst Long and his counsel, Charles J. Smith, is GRANTED. Long and Mr. Smith are ordered to pay $2,010 payable to BVK's counsel within 10 calendar days of service of notice of entry of order. BVK moves, pursuant to Code of Civil Procedure section 2030.300 et seq. and section 2030.290 et seq., for an order compelling Long to provide complete, verified, and substantive responses without objection to BVK's fifth set of special interrogatories without ...

Excerpt: ...ble conduct showing oppression, malice, or fraud under Civil Code section 3294 [subdivision] (c).” (Notice of Motion at 2:2‐11.) The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requ...