Excerpt: ...s. The Court defers on the imposition of any monetary sanctons required under Code of Civil Procedure section 2023.020 until the hearing on any such subsequent motion. Discussion Under the Discovery Act, discovery should ordinarily be self-executing. (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1434 ["It is a central precept to the Civil Discovery Act of 1986 that civil discovery be essentially self-executing" l.) And because the Legis...

Excerpt: ...any information or input by class members. Counsel shall address how the notice of final judgment will be given to class members. (See Rules of Court 3.771(b).) Counsel is also directed to provide the Court with proposed dates fora final status hearing regarding Defendant's compliance with the settlement agreement. Plaintiff will be required to timely submit its report of compliance before the final status hearing. Counsel are directed to prepare...

Excerpt: ...ed. The moton is accordingly granted as prayed. Plaintiffs are ordered to provide responses, without objections, to the form interrogatories, SROGs, and RFPs within ten (10) days of this Court's order. Plaintiffs' failure to respond as to each of the above-described discovery requests constitutes "misuse of the discovery process" within the meaning of Code of Civil Procedure section 2023.010(d) ("[f]ailing to respond or to submit to an authorized...

Excerpt: ...ore specifically, she contends that she injured herself on an improperly installed covered trench drain dug and constructed by an unlicensed and unqualified handyman at the residence. Plaintiff contends that Defendant negligently created and maintained the ditch (and its covering) on the property and that the same resulted in her extensive injuries. Defendant now moves for summary judgment, or, in the alternative, summary adjudication, as to both...

Excerpt: ...val, the Court is in need of additional information as discussed and the hearing is continued on the Court's own motion to July 7, 2023, at 10m a.m., in Department 6. In connection with its motion, Plaintiff has submitted the declaration of Mary Collins ("Ms. Collins"). Ms. Collin's is the president of Defendant TTSD and her declaration is submitted for the purposes of establishing that proper notice has been sent to the Class Members. That decla...

Excerpt: ... those issues only. The parties are ordered to timely select and agree upon a third party arbitrator in accordance with Section 6 of their partnership agreement. (See CodeofCivi/ Procedure S 1281.6.) Ifthe parties are unable to select or agree upon an arbitrator as provided for in their agreement, or the method otherwise fails, the parties may seek further relief under Secton 1281.6. Discussion of .Secäon 1281.2 "On petition of a party to an arb...

Excerpt: ... accordingly, consistent with the failure of the contract cause of action and the absence of a quantum meruit claim by Plaintiffs. (Defendants' Motion, Pg. 7:3-5, italics original.) Defendants agree with the Court's finding that Plaintiff's contract claim failed, but argue that the Court's purported evaluation of the value of the lien was not based on a contract amount, but was impliedly based on a cause of action for quantum meruit, which was no...

Excerpt: ...tinued on the Court's own motion to July 28, 2023, at 1:00 p.m., in Department 6. Asto the motion to disqualify, the Court will conduct a brief evidentiary hearing at the continued hearing date. As to the moton to quash, Defendant is directed to file an opposition thereto no later than June 16, 2023. Defendant's opposition must include a Rule 3.113 compliant memorandum, including "a discussion of the statutes, cases, and textbooks cited in suppor...

Excerpt: ...tion District ("NID"). NID provides its employees and retrees with contributions to Health Reimbursement Accounts ("HRA") based on a particular formula. Where the employee/retiree's chosen health plan is less expensive than the designated plan, the difference in premiums is deposited by NID into the individual's HRA account. In Plaintiff's case, after he retired and prior to him becoming Medicare eligible, this resulted in him being compensated a...

Excerpt: ... with the motion. Golden Gate has made the requisite showings that discovery requests were timely and received, the time for response has elapsed, and no answers, documents, requests for extensions, or other adequate responses have been received. The motion is granted in its entirety (unless Plaintiffs serve substantially compliant responses to the RFAs before the hearing). Plaintiffs are both ordered to provide responses, without objections, to ...

Excerpt: ...evaluation of the fairness of the settlement, the Court notes that the number of class members has decreased from two hundred sixty (260) at the time of preliminary approval to two hundred fifty-four (254) at present. Counsel shall briefly address the reason for this decrease in class members. Counsel shall also address how the notice of final judgment will be given to class members. (See Rules of Court 3.771(b).) Finally, Counsel is directed to ...

Excerpt: ...ed, to compel Brogie's attendance at a deposition on or before May 22, 2023, and for monetary sanctions against Brogie (the "Brogie Motion"); and (2) motion to compel discovery responses, for RFAs to be deemed admitted, and for monetary sanctions against Fruition (the "Fruition Motion"). Asto both, they seek monetary sanctions. Neither Brogie nor Fruition have filed an opposition or other pleadings in response to these motions. The Martins have m...

Excerpt: ...ted, it appears Plaintiff dismissed Kessler on her own motion and without an express agreement from Kessler to waive costs as a condition thereto. The dismissals instead resulted from Plaintiff's counsel's discussion with counsel for Co-Defendant Capellanio. The Court finds Defendant Kessler is a "prevailing party" within the meaning of Code of Civil Procedure section 1032(a)(4). To the extent the Court has discretion to find Kessler is not the "...

Excerpt: ..., Plaintiff's motion is denied in its entirety. Background Plaintiff alleges that on or about April 7, 2021, she was walking on or near South Auburn and Neal Street in Grass Valley. She tripped on or near a raised portion of the sidewalk adjoining an embedded television cable box and was injured as a result. Plaintiff sues GV and Comcast (owner of the cable box) alleging negligence and premises liability causes of action. Asto Grass Valley, Plain...

Excerpt: ...'s October 7, 2022, order is denied. Plaintiff's motion to continue the trial dates approximately ninety (90) days is granted. The currently set trial, pre-trial conference, and mandatory settlement conference dates are vacated. The Court intends to reset new dates for the same at the hearing and the parties shall meet and confer in advance to discuss agreeable dates. Discussion Background Plaintiff originally filed her complaint on January 26, 2...

Excerpt: ... Heger's appeal and the Third District Court of Appeal's ("Third District") issuance of a remittitur. The parties shall immediately notify the Court upon the resolution of the appeal and issuance of a remittitur. Discussion Heger previously brought a motion to compel arbitration in this matter. That motion was denied by Judge Pro Tem Bradrick on or about February 25, 2022. Heger thereafter filed a notice of appeal with this Court on August 23, 20...

Excerpt: ...laims. Her complaint alleges causes of action ("COA") for: (1) discrimination under the Fair Employment Housing Act ("FEHA"); (2) failure to accommodate in violation of the FEHA; (3) failure to engage in the interactive process under the FEHA; (4) "failure to prevent" in violation of the FEHA; (5) retaliation in violation of the FEHA; and (6) wrongful termination under the FEHA. The District now moves for summary judgment, or, in the alternative,...

Excerpt: ...nty's parking lot while leaving work at the Wayne Brown Correctional Facility ("WBCF") in Nevada City. Plaintiff asserts a single cause of action for a dangerous condition on public property and asserts that the "dangerous condition" was due to the presence of snow and/or ice in the parking lot. Defendant brings its motion for summary judgment challenging the sole cause of action. Defendant argues that the claim fails for six separate and distinc...

Excerpt: ...ment submitted by Plaintiff on April 18, 2023, Plaintiff requests that the action be "dismissed on the merits with prejudice and without costs to any party" subject to the Court's continuing jurisdiction with respect to the administration and enforcement of the agreement. This request appears to be contrary to Rule of Court 3.769(h), which states in pertinent part: If the court approves the settlement agreement after the final approval hearing, t...

Excerpt: ... The Court intends to set new dates and the parties shall meet and confer before the hearing to discuss agreeable dates. Discussion In evaluating a motion for continuance, the Court is guided by consideration of the non-exclusive list of factors contained in Rules of Court, Rule 3.1332. (See also Oliveros u County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394 [abuse of discretion for court to grant continuance without considering Rule 3.1332 f...

Excerpt: ... civil dispute first filed on December 2, 2019, surrounding an unsecured installment note from 2013. The terms of said note include a loan by Defendant to Plaintiff in the amount of $20,000. As security for this loan, Plaintiff transferred title of real property to Defendant with the understanding that Defendant would thereafter transfer title back once the loan was repaid. Plaintiff contends he tendered full payment in 2019 and demanded Defendan...

Excerpt: ... by counsel for all parties. Defendants shall show cause why they should not be held in contempt for their prior failure to appear. Discussion Background Plaintiff's home was destroyed in a fire in April 2014 and he subsequently entered into a series of contracts with Domus Construction and Design Inc. ("Domus") for the purposes of reconstructing his home. Domus began work in spring 2014 and abandoned the work atthe end of 2021. Plaintiff paid th...

Excerpt: ...indemnity-type claims. For the reasons discussed more fully below, the motion is denied. Trial dates are confirmed as previously set. Discussion Code of Civil Procedure section 428.50 is the operative statute for present purposes. It provides that a permissive cross-complaint may be filed "at any time before the court has set a date for trial" or else with leave of court "in the interest of justice at any time during the course of the action." (l...

Excerpt: ...s request for monetary sanctions is granted as prayed in the amount of (See Code of Civil Procedure SS 2030.300(d), 2031.300(c).) Discussion Rule ofCourt, Rule 3.1345 requires that any motion to compel further responses to RFAs or interrogatories "must be accompanied by a separate statement." (ld. at subd. The contents of the separate statement must "provide all the information necessary to understand each discovery request and all the responses ...

Excerpt: ...ss and for his continued failure to comply with the Court's prior discovery orders. Defendants' moton for judgment on the pleadings is moot in light of the Court's granting of Defendants' other motion. Defendants also request the Court take judicial notice of two matters pursuant to Evidence Code secton 452 subdivisions (c) and (d), to wit: (1) Defendants' June 10, 2022, motion to deem RFAs admitted, along with Defendants' accompanying declaratio...