Excerpt: ... prevent the fight, they met that duty because they reasonably supervised students and acted reasonably to prevent the fight from occurring; (3) plaintiff's claim that the district negligently hired, supervised, and/or retained its employees is unsupported by evidence; (4) plaintiff's cause of action for intentional infliction of emotional distress against defendants fails because plaintiff has no evidence to support her claim that defendants exh...

Excerpt: ...requiring the continuance. (Ibid.) Defendant moves, to continue the trial date in this matter, pursuant to Rules of Court Rule 3.1332, subd. (c)(6), which provides that good cause may be shown by a party's “excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.” Defendant asserts that, despite her diligent efforts, Plaintiff: failed to timely reply to discovery; failed to disclose ongo...

Excerpt: ...ted Berry's November 7, 2018 governmental tort claim (exhibit B) are the proper subject of judicial notice. Plus, defendant is asking the Court to take judicial notice of the facts contained within the exhibits, which the Court cannot do. As to exhibit B, there is no indication this was Berry's governmental tort claim. Defendant's demurrer to each cause of action on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly const...

Excerpt: ...rein. The Court takes judicial notice of the rejection of the Government Claim of Jonathan Chisham, attached as Exhibit B to the RJN. The Court takes judicial notice of the unverified complaint filed in the present matter, but not for the truth of the matters asserted therein. The notice of hearing on demurrer does not provide notice of the Court's tentative ruling system as required by Local Rule 2.9. Defendant's counsel is directed to contact P...

Excerpt: ...hich he filed on October 3, 2019. The Court set the current hearing to review the plan. The Court noted the expedited schedule was due to the fact the winter rains are approaching and plaintiffs' access to their property is in serious jeopardy, and the parties had an opportunity to hammer out a plan before a prior continuance. The Court deferred ruling on the bond issue until the costs of any plan were known. Webb offers a two‐step plan based o...

Excerpt: ...e causes of action against Doe defendants, named defendant Balloons Above the Valley, Ltd., a California limited liability company (BAV), and named defendant Scott Carroll. These causes of action arise out of allegations that Plaintiff Sylvia Seconi was injured in an accident involving a hot air balloon owned and operated by BAV and piloted by Carroll. On June 20, 2019, Plaintiff substituted Defendant Bob Barbarick for Doe 1. Barbarick demurs to ...

Excerpt: ...counsel of Local Rule 2.9 and the Court's tentative ruling procedure. If Capital One's counsel is unable to contact Cross‐Complainant's counsel prior to the hearing, Capital One's counsel shall be available at the hearing, in person or by telephone, in the event Cross Complainant's counsel appears without following the procedures set forth in Local Rule 2.9. Capital One demurrers to the Cross‐Complaint on the ground that the single cause of a...

Excerpt: ...he notice period. (Code Civ. Proc. § 1010.6, subd. (a)(4)(B).) By the Court's calculation, July 16, 2019 was the last day for service, by electronic mail, of a motion for summary judgment set for hearing on October 1, 2019. Service of the present motion was made July 18, 2019. “The court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Prof. Community Management, Inc. (2...

Excerpt: ...tion Proposal (2008 Proposal) as required under Labor Code section 3864. NGI further presents evidence that the indemnification provision was not included in any of the service reports, work orders, or invoice documents. Thus, according to NGI, there was no agreement to indemnify cross‐ complainant Konecranes, Inc. (Konecranes). Konecranes, however, submits evidence that the 2008 Proposal included Konecranes' terms and conditions, which contain...

Excerpt: ... relief (implied partnership); fourth cause of action for breach of contract to make a will; fifth cause of action for promissory estoppel; sixth cause of action for fraudulent misrepresentation; and seventh cause of action for promissory fraud is OVERRULED. 1 The Demurrer does not specify any ground of demurrer to the eighth cause of action. Arguments as to the propriety of such demurrer are therefore not properly before the Court. (Cal. Rules o...

Excerpt: ....4th 612, 616.) A demurrer for uncertainty should only be sustained when the complaint is so bad that the defendant cannot reasonably respond. (Id.) Here, the pleading is certain enough to allow NGI to understand the nature of the allegations, and the theory of liability in order to fashion an appropriate response. NGI's demurrer to the first cause of action for express indemnity on the ground the claim fails to indicate whether the purported agr...

Excerpt: ...such authority. Defendant Alyssa Samrick's (Samrick) Demurrer to the Third Cause of Action for Breach of Fiduciary Duty on the ground of failure to state facts sufficient to constitute a cause of action is SUSTAINED WITH 10 DAYS' LEAVE TO AMEND. Defendant State Farm General Insurance Company's (State Farm) Demurrer to the Third Cause of Action for Breach of Fiduciary Duty for failure to state facts sufficient to constitute a cause of action is SU...

Excerpt: ...ain requested additional responses. Huff served second amended responses in November, 2018. Plaintiff contends that Huff's responses to some fifteen form interrogatories remain incomplete, insufficient, non‐responsive, and evasive, and that objections thereto lack merit. In responding to interrogatories a party may provide answers, objections, or election to allow inspection and copying of records. (Code Civ. Proc. § 2030.210, subd. (a).) Each...

Excerpt: ...ating to and based on those declarations. The Court may disregard new matters included in reply papers as inappropriate on the ground that such inclusion deprives the opposing party of the chance to respond or rebut. (Savient Pharmaceuticals, Inc. v. Dept. of Health Services (2007) 146 Cal.App.4th 1457, 1472.) As fully discussed below, Defendants not only could have raised these issues and included the additional materials in their moving papers,...

Excerpt: ... estimate about his primary job duties and responsibilities are exaggerated and not accurate as to preparing food for sale to customers, keeping the bakery sanitary, and ensuring delivery of customers' food. (Defendant's Response to Plaintiff's UMF, Nos. 4‐6, 8‐9.) Defendant also submits evidence that Brown's duties as an Executive Chef included various management and administrative responsibilities. (Defendant's UMF, Nos. 1‐5.) Thus, there...

Excerpt: ... student is liable for all damages the minor causes. Likewise, under Civil Code section 1714.1, the minor's “willful misconduct” resulting in an injury to another person is imputed to the minor's parent and the parent is jointly and severally liable with the minor for any resulting damages. There are triable issues of material fact as to whether defendant Tameiya Sadler committed willful misconduct, whether she acted in self‐defense, whethe...

Excerpt: ...Medical Center and underwent spinal surgery performed by Scott Berta, MD. Defendant Daniel Masluk, MD was responsible for administering anesthetic during the procedure. Dr. Masluk elected to use a Bard InfusOR pump supplied by QVMC to administer anesthesia to Plaintiff. During the surgery, a technician monitoring Plaintiff noticed EMG activity in Plaintiff's right hand and left deltoid. Dr. Bard stopped the surgery. A nurse went to Plaintiff's si...

Excerpt: ...e, § 452, subd. (d); Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Pursuant to Code of Civil Procedure section 581, subdivisions (f)(3) and (m), the Motion is GRANTED only as to Rockzilla, LLC. The Verified First Amended Cross‐Complaint of C. Randall Callahan and Raja Development Inc. (FACC) was only stricken as to Rockzilla, LLC. Rockzilla's Motion to Strike, filed March 2, 2018, was limited to the claims against Rockzilla. (See Motion, 5:8‐...

Excerpt: ...s a substantial interest in the action as a whole. [¶] (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.'” (Fox v. Super. Ct. (2018) 21 Cal.App.5th 529, 533.) Although the motion is unopposed, the accompanying attorney declaration does not explain plaintiffs' medical issues to show “a preference is necessary to prevent prejudicing [their] interest[s] in the 2 Con...

Excerpt: ...r such heavy use. (Id.) Squires believes Hellman is ruining the road to such an extent that no one in the area will be able to access their properties. Consequently, Squires argues the proposed amendment seeking to add new causes of action for quiet title and declaratory relief, along with new cross‐defendants, is unrelated to the controversy in the original complaint.1 According to Squires, by seeking to add new claims and crossdefendants, Hel...

Excerpt: ...f's request for monetary sanctions is DENIED. Defendant did not oppose the motion, which means monetary sanctions are not warranted. (See id., § 2030.290, subd. (c) [providing that monetary sanctions are warranted against any party, person, or attorney who “unsuccessfully . . . opposes a motion to compel . . . .”].) ...

Excerpt: ...ed on claims administrator's website) (Cal. Rules of Court, rule 3.771(b)); (4) an explanation as to why English‐only notice is sufficient; (5) a discussion of how the parties will handle uncashed checks; and (6) why reliance on addresses alone, some of which are up to five years old for class members, will provide sufficient notice. The Court is concerned about the possibility of non‐returned mailings from stale addresses, especially when th...

Excerpt: ... Ex. B, ¶ 25.) Notice of entry of judgment was filed on April 30, 2018, in defendant's favor. Because defendant is the prevailing party, the Court turns to the application of the lodestar. Courts use the lodestar method for determining the amount of attorney's fees to be awarded to the prevailing party. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131‐32.) The lodestar is arrived at by multiplying the number of hours reasonably expended by couns...

Excerpt: ...yond the loss date of February 21, 2017, when a large tree fell and damaged a guest cottage on her property. The production of documents from Airbnb after the date of loss are reasonably calculated to lead to the discovery of admissible evidence as set forth in defendant's opposition. ...

Excerpt: ... with the precepts set forth in People v. Harbolt (1997) 61 Cal.App.4th 123, 126‐27 [discussing the limited purposes for which a court may take judicial notice of a court record: “Evidence Code sections 452 and 453 permit the trial court to ‘take judicial notice of the existence of judicial opinions and court documents, along with the truth of the results reached‐in the documents such as orders, statements of decision, and judgments but c...