Excerpt: ... speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66. In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. CCP � 425.16(b)(2). Only evidence admissible at trial m...

Excerpt: ...fourth causes of action against Defendant Nye Petros, but denied as to Defendant Kacey Petros. Defendants Petros� Motion for Summary Judgment is denied. The alternative motion for summary adjudication is likewise denied. Defendant Fraser�s Motion for Summary Judgment is denied. The motion for summary adjudication is likewise denied. Requests for Judicial Notice Plaintiff�s Request for Judicial Notice filed on November 7, 2019, is granted in...

Excerpt: ...for summary judgment was heard. Defendant was previously granted leave to amend its Answer to clearly address this issue. Plaintiff merely seeks clarification of the complaint to address this issue directly. Therefore, the motion for leave to amend the complaint is granted. The proposed Amended Complaint shall be filed and served by June 22, 2020. Defendant is granted leave to file a second motion for summary adjudication of the fifth cause of ac...

Excerpt: ...tionally, Plaintiff must allege a proximate causal connection with Plaintiffs� damages. Additionally, the demurrer to the cause of action for loss of consortium is sustained without leave to amend. Plaintiff failed to obtain leave of court to add such claim. Any amended complaint shall be served and filed by June 15, 2020. The court notes that no further amendments will be permitted. The Court continues to encourage all appearances to be conduc...

Excerpt: ...rther Responses to Special Interrogatories is dropped as moot. Supplemental responsive documents and a privilege log have been served since the original motion was filed. As such, the present request is moot. If Plaintiffs determine that the additional documents produced are inadequate, Plaintiffs may timely file a new motion to compel further responses, with a new separate statement demonstrating what documents were served and how such responses...

Excerpt: ...irst Amended Complaint does not allege that Defendant is not a hospital. Additionally, Defendant did not provide any documents that are judicially noticeable to establish that it is not hospital so as to preclude liability. Because this court is limited to its review of the face of the pleading, the court cannot determine as a matter of law that Defendant is not a hospital. Therefore, the Demurrer is overruled. Any Answer must be served and filed...

Excerpt: ...nts, and bank statements. Plaintiff has failed to produce any such documents or state that any such documents do not exist. As to number 30, Plaintiff must state what documents, if any, she submitted to Medi- Cal. If no other documents aside from profit and loss statements were ever provided to Medi-Cal, Plaintiff must so state. Plaintiff shall provide such responses and responsive documents, without objections, by May 4, 2020. Defendants are awa...

Excerpt: ...ep analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; Hinesley v. Oakshade Town Center (2005) 135 Cal. App. 4th 289, 2...

Excerpt: ...001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax ...

Excerpt: ...redge Sports Co. v. Sup. Ct. (1989) 213 Cal. App. 3d 1045, 1047. �If discovery and investigation develop factual grounds justifying a timely amendment to a pleading, leave to amend must be liberally granted.� Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596 (if claims were pled before obtaining justifying support, via investigating and discovery, complainants could be exposed to liability for malicious prosecution). Here, Plaintiff alleges that ...

Excerpt: ...d. Plaintiff has alleged he was entitled to money. Whether he was entitled to such money, whether it be from gross receipts or net profits, is a factual question, inappropriate for demurrer. As to the third cause of action for conspiracy, the demurrer is overruled. The Second Amended Complaint alleges that these defendants conspired to damage Plaintiff by depriving him of the benefits he would receive under these contracts. There is no requiremen...

Excerpt: ...permissive, in its directions to the public entity; it must require, rather than merely authorize or permit, that a particular action be taken or not taken.�). Thus, the claim is not adequately pled. As leave to amend was previously granted and Plaintiff has failed to remedy the issue set forth above, leave to amend is denied. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies w...

Excerpt: ...r 30, 2018, defendant would pay Plaintiffs $1,000 per day until the personal property was removed. That date was extended by a judicial officer through January 9, 2019, due to a showing of due diligence by Defendant as well as weather delays. No further extensions of the deadline were granted. The settlement agreement, including the $1,000 payment provision, shall be enforced. It is undisputed that the rock wall was not removed until December 15,...

Excerpt: ...t allege: 1. The conduct was committed by a person acting under color of state law; and 2. it deprived a person of rights, privileges, or immunities secured by the Constitution or other law of the United States. Tichinin v. City of Morgan Hill (2009) 177 Cal.App.4th 1049, 1062. Here, Plaintiff has alleged in paragraphs 22-25 that plaintiff�s rights were violated by the conduct of the social worker who acted under color of law. The cause of acti...

Excerpt: ... that such a stay is discretionary, not mandatory. A notice of appeal does not alone stay judgment or order enforcement where they award money, and a bond or undertaking is required. Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1429. Here, Defendants seek additional time to perfect its appeal and post an undertaking. However, the court finds that Defendant has had sufficient time to analyze whether to appeal and to arrange for financing. The ...

Excerpt: ...nforcement under CCP section 664.6, no case number is even set forth. The proper method for enforcement of this document is a complaint for breach of contract. The present motion is procedurally defective. On the merits, however, the court notes that a condition precedent to the filing of any action is that the parties shall submit any disagreement to a neutral third party. The agreement further provides that if the parties cannot agree upon a ne...

Excerpt: ...zing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; H...

Excerpt: ... produced at the time of the prior motion.... A motion for reconsideration will be denied absent a strong showing of diligence." Forrest v. State Of Cal. Dept. Of Corps. (2007) 150 Cal.App.4th 183, 202. See also Baldwin v. Home Sav. of Am. (1997) 59 Cal. App. 4th 1192. In this case, plaintiff and defendants Michael and Renate DeMartini submitted briefing in connection with plaintiff�s 18 September 2019 motion. All parties presented oral argumen...

Excerpt: ...zing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax (2008) 158 Cal.App.4th 983, 994; H...

Excerpt: ...2001) 25 Cal.4th 826, 843. In analyzing motions for summary judgment, courts must apply a three-step analysis: (1) identify the issues framed by the pleadings to be addressed; (2) determine whether moving party showed facts justifying a judgment in movant's favor; and (3) determine whether the opposing party demonstrated the existence of a triable, material issue of fact. Sun v. City of Oakland (2008) 166 Cal.App.4th 1177, 1182-83; McGarry v. Sax...

Excerpt: ...y the stipulation filed 12/3/19, and whether the motion is now moot. Defendants Bares� Application for Good Faith Settlement is denied without prejudice. Defendant County�s Motion Contesting Good Faith Settlement is granted. Where a good-faith settlement is unopposed, counsel�s bare-bones declaration is sufficient for a good-faith determination. City of Grand Terrace v. Sup. Ct. (1987) 192 Cal.App.3d 1251, 1261; Weil & Brown, Civ. Pro. Befo...

Excerpt: .... Govt Code � 815. Thirdly, the claims fail to state facts sufficient to constitute a cause of action. The claims are also uncertain, ambiguous and unintelligible. Defendant County�s Motion to Strike Punitive Damages is granted. Punitive damages are not permissible against governmental agencies. Govt Code � 818. �Where a demurrer is sustained or a motion for judgment on the pleadings is granted as to the original complaint, denial of leav...

Excerpt: ...it' basis." Lagatree v. Luce, Forward, Hamilton & Scripps (1999) 74 Cal. App. 4th 1105, 1127. Accord Giuliano v. Inland Empire Personnel, Inc. (2007) 149 Cal.App.4th 1276, 1292. In the present case, although Plaintiff has alleged the agreement is procedurally unconscionable because it was presented on a take-it-or-leave-it basis, the court finds such agreement is not unenforceable. Moreover, Plaintiff has failed to demonstrate any substantive unc...

Excerpt: ...ff will suffer if possession is denied or limited outweighs the hardship of the defendant or occupant. This order is made pursuant to CCP �1255.410. The property to be acquired is described as set forth in the Complaint. The date the condemnor is authorized to take possession of the property is effective on January 17, 2020. Moving party�s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies wit...

Excerpt: ...arch warrant, the demurrer is overruled. Plaintiff alleges that there were purposeful omissions from the search warrant that would affect the issuance of the search warrant. Additionally, Plaintiff has alleged such omissions were malicious. As such, these claims are sufficiently pled. As to the argument that the Third Amended Complaint fails because there is no cite to any statutory authority of the claims and immunities apply, the demurrer is ov...