Excerpt: ...tist Health System/West (collectively Adventist Health SH/West) are granted 10 days' leave to file an answer to the Complaint. (Cal Rules of Court, rule 3.1320, subd. (g).) Adventist Health SH/West move “to strike all claims for punitive damages” from Plaintiff's Complaint on the grounds that Plaintiff “has failed to comply with Code of Civil Procedure [section] 425.13.” (Notice of Motion at 2:3‐4.) “The court may, upon a motion made ...

Excerpt: ...endants, under oath at trial in a different matter. (See Support Memo at 2:17‐3:4.) Gospodarczyk argues that Plaintiff “appears to be claiming that Gospodarczyk's trial testimony was part of a civil conspiracy, defamed Plaintiff, and/or caused Plaintiff emotional distress.” (Id. at 4:1‐ 5.) Plaintiff appears to concede the point by failing to file any opposition to the motion. Any publication or broadcast made in any judicial proceeding i...

Excerpt: ...y dispute is no longer at issue. Plaintiff's request for monetary sanctions contained in the memorandum of points and authorities is DENIED. The request is not code‐compliant as the request was not made in the notice of motion. (Code Civ. Proc., § 2023.040.) (2) MOTION TO COMPEL FURTHER RESPONSES AND DOCUMENTS TO REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT HAENAH SHARON TENTATIVE RULING: Plaintiff Jeimy Sujey Baltodano's motion to compe...

Excerpt: ...GROUND Defendants Jameson Animal Rescue Ranch, Inc. (Jameson) and Monica Stevens (Stevens and collectively Defendants) move pursuant to Code of Civil Procedure section 437c for summary judgment against Plaintiff Nicole Rawling (Rawling). Defendants so move on the grounds that there are no disputed issues of material fact, each cause of action alleged against Defendants in Plaintiff's First Amended Complaint (FAC) fails as a matter of law, and Def...

Excerpt: ...ne 30, 2021. 8 (3) DEFENDANT'S MOTION TO COMPEL COMPLIANCE WITH DISCOVERY OBLIGATIONS AND COURT ORDERS TENTATIVE RULING: Defendant Stone Brewing Co., LLC's (Stone) moves to compel compliance with discovery obligations and court orders. On May 17, 2021, the Court granted Stone's motion to compel plaintiff West Pueblo Partners, LLC (WPP) to revisit is prior document production and to supplement its production as it was apparent WPP had not performe...

Excerpt: ...�45, 47‐58, and 86. As these requests were not contained in the notice of motion, they have not been considered. (See Code Civ. Proc., § 1010.) 3 GM argues the motion should be denied because the meet and confer efforts were insufficient. GM complains that plaintiffs simply sent letters to check the “meet and confer box” without attempting to resolve any disputes. On March 26 and April 20, 2021, plaintiffs sent GM meet and confer letters. ...

Excerpt: ...essee: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐ 00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extensio...

Excerpt: ... of Court, rules 2.550‐2.551, if filing such confidential materials. Defendant does not dispute that some of its financial records and information are directly relevant to this dispute and discoverable. 8 Defendant has demonstrated good cause to protect its sensitive and confidential financial information. For example, disclosure of such information could adversely affect negotiations between defendant and third parties interested in purchasing...

Excerpt: ...n May 10, 2021, Vaughn sent Walmart an amended notice of site inspection. The notice requests that Walmart permit Vaughn, her attorneys, and experts from WEXCO International to conduct an inspection at the Walmart Store in American Canyon “for the purposes of inspecting, measuring, surveying, testing, and photographing the property, including but not limited to the area of the Walmart 1 Vaughn states in her opposition that she slipped on a sili...

Excerpt: ...trued, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Ibid.) Here, the pleading is certain enough to allow defendants to understand the nature of the allegations, and the t...

Excerpt: ...h: (1) continuous, open and notorious, and hostile use of easement for five years [Cross‐ Complaint First Cause of Action]; (2) that Defendants have acquired rights by the agreed‐upon boundary doctrine [Cross‐Complaint Second Cause of Action]; and (3) “that a preliminary injunction is appropriate to enforce the easement because Defendants' First and Second Causes of Action fail as a matter of law.” (Motion at 2: 1‐22.) Plaintiffs and ...

Excerpt: ...rt, however, exercises its discretion to consider the motion as Alam filed a substantive opposition and there is no prejudice to him. Moreover, Farina filed a reply on June 9, with a hearing set for June 11. The reply is untimely as it must have been filed and served at least 5 court days before the hearing.2 (Ibid.) There also is no proof of service attached to the reply or any indication Alam was served with the reply. With these deficiencies, ...

Excerpt: ...ant's valid exercise of her constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to...

Excerpt: ...el, employees, and agents, reports of sub rosa, invoicing and payments for sub rosa, as well as any film, photographs, audio, or other recordings. Defendant Mark Rodman served an objection only response. Rodman objected on the grounds the request was vague and ambiguous 1 The notice of motion does not seek production of documents, but it is clear from the memorandum of points and authorities that Cervantes also seeks production of documents. (See...

Excerpt: ...he action is barred by the applicable statute of limitations. B. Legal Analysis 1. Demurrer A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. § 425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court must “construe the allegations of a complaint ...

Excerpt: ...s valid 2 exercise of his constitutional rights of freedom of speech and that Plaintiff cannot establish a probability of prevailing in the action. Defendant's Request for Judicial Notice is GRANTED. The Court takes judicial notice of Exhibits 1 – 4 thereof, but not for the truth of the matters set forth in those exhibits. The Court also takes judicial notice of Exhibit 5. B. Legal Analysis 1. SPECIAL MOTION TO STRIKE “The special motion to s...

Excerpt: ... pre‐ trial issues Shushereba (Case No. 19CV000345), Golick (Case No. 19CV000350), Loeber (Case No. 19CV000359), and Gonzales (Case No. 19CV000391). The Court stated: “There is no question that consolidation of these matters would promote judicial economy in light of the fact that all four cases involve the same tragic incident, with a significant overlap of evidence and witnesses.” The Court, however, deferred ruling on the motion to conso...

Excerpt: ...ndants Fay Servicing, LLC and Wilmington Trust, National Association, as trustee for MFRA Trust 2014‐2, move for an award of monetary sanctions in the amount of $54,786.63 and terminating sanctions against Plaintiffs Bruce Chadbourne and Mohammad Khan for their maintenance of causes of action and prayers for relief against Defendants which they know or reasonably should have known were and are without any legal merit and without factual and evi...

Excerpt: ...see: Gann v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐00966 (M.D. Tenn.), Weckwerth v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3‐18‐cv‐00534, and Norman v. Nissan N. Am., Inc. (M.D. Tenn.), No. 3:18‐cv‐000534. (Compl., ¶ 19, Exs. 1‐3.) As part of the settlements, defendant agreed to reimburse class members for the cost of certain repairs made after expiration of the initial warranty period and to provide a warranty extension o...

Excerpt: ...pecialists, Inc., care of its attorneys, sanctions in the amount of $9,497.50 no later than 10 days after notice of entry of this order. Defendant and Cross‐Complainant Bay Area Surgical Specialists, Inc. aka BASS Medical Group moves to compel Plaintiff Mindy Marquez to produce documents requested at her deposition, and, pursuant to Code of Civil Procedure sections 2023.010, 2023.030, 2025.280, and 2025.480, for sanctions against Plaintiff and ...

Excerpt: ... person most qualified, and produce documents and communications withheld on the basis of privilege is GRANTED IN PART AND DENIED IN PART.2 A. Holcomb Production Stone contends WPP's attorneys did not assist Holcomb in searching for relevant materials or assist him with performing key word searches for relevant ESI. WPP represented to the Court that it will produce documents and ESI responsive to Stone's discovery requests, and is under a court o...

Excerpt: ...ry to the contract against non‐signatories, are “‘intimately founded in and intertwined' with the underlying contract obligations.” (JSM Tuscany, LLC v. Super. Ct., (2011) 193 Cal.App.4th 1222, 1237 (JSM).) Discovery in the matter is stayed pending resolution of the motion. Defendants Bridget Beckstoffer (Ms. Beckstoffer) and Andrew Tuck Beckstoffer (Mr. Beckstoffer) move, pursuant to the Code of Civil Procedure section 1281, et seq., and...

Excerpt: ...tion 945.4, and for leave to file a civil action against American Canyon Fire Protection District.3 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. Notwithstanding the procedures set forth in Local Rule 2.9, the moving party/counsel ...

Excerpt: ...intiff's Complaint on the grounds that Plaintiff “has failed to comply with Code of Civil Procedure [section] 425.13.” (Notice of Motion at 2:3‐4.) As an initial matter, Defendants' motion suffers from a lack of clarity. Defendants fail to identify, with any more particularity than the foregoing quoted language, specifically what portions of the Complaint it would have the Court strike. There is no specific reference in the 3 Notice of Moti...

Excerpt: ...8. 4 A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc. §425.10, subd. (a)(1).) A demurrer is treated as “admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court may also consider as grounds for a demurrer any matter that is judicially noticeable under Evidence Code sections 451 or 452. (Code. Civ...