Excerpt: ...l Specialists, Inc. (BASS) to submit its claims to binding arbitration and to dismiss the Cross‐Complaint pending the outcome of said arbitration. (See Notice of Motion at 2:5‐12.) A. Factual and Procedural Background The following facts appear to be undisputed. In or about February or March of 2017, BASS employed Plaintiff, pursuant to the terms of a written employment agreement. (See Complaint at ¶3, Cross‐Complaint at ¶1.) Plaintiff pu...

Excerpt: ...ce of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Plaintiff is directed to immediately provide, by telephone call AND email, the missing notice to all parties 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 r...

Excerpt: ...rmine disputes that have arisen and are likely to continue in connection with the deposition. Plaintiff also seeks orders relating to the apportionment of costs and fees associated with the continued deposition, including those of the requested referee. Finally, Plaintiff seeks, pursuant to Code of Civil Procedure sections 2023.010, et seq., and 2025.010, et seq., monetary sanctions in the amount of $4,097.50 against Defendant and his attorney of...

Excerpt: ...the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Defendant Dumican Mosey Architects, P.C. (DMA) moves the Court, pursuant to Code of Civil Procedure sections 877 and 877.6 and California Rules of Court, rule 3.1382, for an order finding that the settlement entered into between DMA and non‐party Galleron Properties, LLC (“Galleron”) is made in good faith. Galleron is ...

Excerpt: ...cial notice. Plus, Defendants are offering the exhibit to establish the truth of its content, i.e., that Mr. Morris passed away in January 2021. However, a Court cannot take judicial notice of the facts contained within the exhibits. (See Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112, 1141, fn. 6 (citing Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1064).) B. Introduction Defendants Bryant Morris, Dierdre Morris, and Bryan...

Excerpt: ... 38 Cal.3d 488 (Tech‐Bilt), for an order finding that the confidential settlement entered into between Plaintiffs and W.M. Barr is made in good faith. The amount of the proposed settlement is the central fact in the Court's analysis. “[T]he intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, ...

Excerpt: ...) disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information, Plaintiff applies for a preliminary injunction (i) enjoining Defendant from using any of Plaintiff's trade secrets or items of Confidential Information; (ii) enjoining Defendant from disclosing to a third party any of Plaintiff's trade secrets or items of Confidential Information; and (iii) compelling Defendant to make her media devices to which s...

Excerpt: ...the burden of persuasion that there is no triable issue of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850 (Aguilar).) “‘Material facts' are facts that relate to the cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion and that could make a difference in the disposition of the motion.” (Rules of Court, rule 3.1350, subd. (a)(2).) The moving party also bears ...

Excerpt: .... Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel shall appear at the hearing, by Zoom, unless it is confirmed that no party requests oral argument. Moving Defendants concede that the deposition testimony would be admissible if they had had the right and opportunity to cross‐examine the decedent. (See Reply at 3:5‐27; see also Evid. Code, §1291, subd. (a)(2).) Through their opposition papers, Plaintiffs s...

Excerpt: ...ear 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 memorandum filed in s...

Excerpt: ...e, § 3294, subd. (a).) Civil Code section 3294, subdivision (a), provides that “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” In Taylor v. Super. Ct. (1979) 24 Cal.3d 890, 896, the Supreme Court held that punitive damages may be sought w...

Excerpt: ...covery is not allowed in this administrative mandamus action “absent a threshold showing by [Real Party] of a right to engage therein....” (Motion at 2:13‐16.) Importantly, this is the only grounds identified by Petitioner in its notice of motion and argued through the supporting memorandum (Support Memo). As an initial matter, the Court rejects Respondent's argument that the motion is untimely. The Court finds that the filing of the motion...

Excerpt: ...ro a “used 2017 Chevrolet Silverado 1500,” citing to Castro's complaint at paragraphs 6‐7. This is not accurate. Nor is a demurrer the time to assert purported undisputed facts. Paragraph 6 alleges a “new 2017 Chevrolet Silverado 1500” entered the stream of commerce. According to paragraphs 7 and 8, in 1 The Court construes the demurrer as being made on the ground of failure to state sufficient facts by GM's citation to Code of Civil Pr...

Excerpt: ...GRANTS the motion to compel arbitration and stay judicial proceedings. Defendant BVK Gaming, Inc. moves for an order compelling Plaintiff to arbitrate her claims against Defendant and staying the matter pending the completion of such arbitration. Defendant 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. Defendant is directed to immediately provide, by telephone cal...

Excerpt: ...cipating in any deposition conducted in this action. The motion continues. “MOVANTS seek an order of protection excluding MARTINEZ from attendance or participation, in any manner—be it in person, via video/zoom/remote means, electronically or otherwise—from the deposition of any party, witness, expert, entity or otherwise. MOVANTS also seek an order that future depositions occur remotely, absent leave from the court otherwise and, furthermo...

Excerpt: ...such evidence, a “good faith” determination is an abuse of discretion. Moreover, the declaration needs to address the factors set forth in Tech‐Bilt, Inc. v. Woodward‐ Clyde & Associates (1985) 38 Cal.3d 488, 499. The supporting declarations do not contain substantial evidence regarding the Tech‐Bilt factors. In addition, the Court understands the settlement is between various parties and Ledcor now is asking for an order determining th...

Excerpt: ...injury to person committed to a mental institution).1 I. PROCEDURAL MATTERS A. Defendants' Request for Judicial Notice Defendants' request for judicial notice filed August 5, 2021, is DENIED. The subject matter of the request is not relevant to the Court's resolution of the issues raised through the demurrer. Defendants' request for judicial notice filed October 7, 2021 is GRANTED. Plaintiff's objections thereto are OVERRULED. Plaintiff's request...

Excerpt: ... The Court's September 4, 2020 stipulated order authorizing proceeding with declaratory relief is VACATED. The Court SETS the matter for continued hearing on Plaintiff's petition to compel arbitration on December 28, 2021, at 8:30 a.m. in Dept. A. Plaintiff is invited to submit, no later than December 10, 2021, a supplemental brief in support of her petition to compel arbitration, of no more than 10 pages in length, addressing any issues relevant...

Excerpt: ...1 paragraph the nature of the order being sought and the grounds for issuance of the order”]; see also People v. American Sur. Ins. Co. (1999) 75 Cal.App.4th 719, 726.) Moreover, the notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party/counsel is directed to contact the opposing party/ies forthwith and advise of Local Rule 2.9 and the Court's tentative ruling procedure. Notw...

Excerpt: ...nder. Plaintiffs are granted 10 days' leave as to the sixth, eighth, ninth and tenth causes of action. The court addresses the demurrer as to each cause of action as follows: 1. First and Second Causes of Action – Based in Contract Plaintiffs expressly concede that the demurrer is proper as to the first cause of action for breach of the implied warranty of habitability and the second cause of action for breach of the covenant of quiet enjoyment...

Excerpt: ...code‐complaint initial responses and documents to form interrogatories – employment (set two), form interrogatories – general (set two), and requests for production of documents Failure to comply with a court order to provide discovery constitutes a misuse of the discovery process. (Code Civ. Proc., § 2023.010, subd. (g).) Faced with misuse of the discovery process, the Court may impose whatever sanctions are just, including issue sanction...

Excerpt: ...ating an appearance of impropriety which violates the public trust in the scrupulous administration of justice and the integrity of the bar.” (Notice of Motion at 2:3‐5.) Plaintiff further asserts that the order is necessary as GNH has “sought to gain an unfair advantage in this 9 litigation by obstructing [Plaintiff]'s access to witnesses by rushing to represent them as soon as their depositions are noticed.” (Id. at 2:9‐12.) Plaintiff...

Excerpt: ...t to state a claim under any of the purported causes of action. Specifically, Defendants argue that each cause of action asserted through Plaintiff's FAC is barred by the statute of limitations. (Support Memo at 1:8‐0.) Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C a...

Excerpt: ...n of allegations in support of the causes of action as to which the present demurrer is sustained. 3 Defendant/Respondent County of Napa (Defendant and/or County) demurs, pursuant to Code of Civil Procedure sections 430.10, 430.30, and 430.50, to the Second Amended Verified Complaint (SAC) filed by Plaintiff/Petitioner (Plaintiff) on the grounds that Plaintiff fails to allege facts sufficient to state a claim. Defendant's request for judicial not...

Excerpt: ... Unemployment Insurance Appeals Board (Appeals Board and collective Respondents) to set aside their decisions in the administrative proceedings titled Ashley Boydston V. Bandera/Hillstone Restaurant Group and assigned case number 6475610 and Appeals Board number AO—207980, Decision No. 6475610. “The motion is made on the grounds that the agencies' decisions are unsupported by factual and legal findings and record evidence.” (Notice of Motio...