Excerpt: ...rsal (“Terra”), Plaintiff's employer subsequent to Defendants, and seeks documents reflecting Terra's hiring of Plaintiff, any request for accommodations made by Plaintiff, any notice of disability provided by Plaintiff, any accommodation provided by Terra to Plaintiff, and Plaintiff's earnings during his employment with Terra. (Id., Ex. 3.) Pursuant to Code of Civil Procedure section 1987.1(a), “[i]f a subpoena requires the attendance of a...

Excerpt: ...the red traffic signal, a vehicle driven by Defendant Justin Mayall Installations, Inc.'s employee, Defendant Romualdo Lobatopozos [sic], rear-ended Plaintiff. As a result of the collision, Plaintiff suffered severe personal injuries requiring medical treatment. It is further undisputed that Mayall is being sued under the theory of respondeat superior. “Under the doctrine of respondeat superior, an employer is liable for the torts of his employ...

Excerpt: ...and how to allocate attorney fees. [Citation.] They may agree the prevailing party will be awarded all the attorney fees incurred in any litigation between them, limit the recovery of fees only to claims arising from certain transactions or events, or award them only on certain types of claims… [¶] To ensure mutuality of remedy, however, section 1717 makes an attorney fee provision reciprocal even if it would otherwise be unilateral either by ...

Excerpt: ...ncement and prosecution of such action.” Civil Code, § 1794, subd. (d). “A trial court assessing attorney fees begins with a touchstone or lodestar figure, based on the ‘careful compilation of the time spent and reasonable hourly compensation of each attorney ... involved in the presentation of the case.” Christian Research Inst. v. Alnor (2008) 165 Cal.App.4th 1315, 1321. The Court “need not simply award the sum requested. To the cont...

Excerpt: ...ode Civ. Proc., § 430.30, subd. (f).) The purpose of a demurrer is to challenge the sufficiency of a pleading “by raising questions of law.” Postley v. Harvey (1984) 153 Cal.App.3d 280, 286. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. . . .” Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525. “In the construction of a pleading, for the p...

Excerpt: ...acts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire...

Excerpt: ...ynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459. Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 209 Cal.App.4th 1228, 1238, provides, “This rule of liberal construction means that the r...

Excerpt: ...ery at this time. It appears that the photographs constitute expert writings that were developed as a result of the initiative of counsel in preparing for trial. Shimano's counsel testified that in January 2020 he attended an inspection of the subject bicycle along with Shimano's retained expert consultant at the offices of Plaintiff's counsel, Sutton & Murphy. (ROA # 99, Declaration of Michael R. Mauge (“Mauge Decl.”), ¶ 2.) RNR representat...

Excerpt: ..., Suket Real Properties, Sukut Real Properties II, LLC, Sean P. McCoy, and Myron Sukut (“Defendants”) filed evidentiary objections and “response to Car Prep, Inc.'s separate statement of undisputed material facts” in opposition to Car Prep's motion. Defendants did not include a memorandum of points and authorities, which is required as part of an opposition to a summary judgment motion pursuant to California Rules of Court, rule 3.1350(e)...

Excerpt: .... Morse Diesel Int'l. (2001) 86 Cal.App.4th 1443, 1447 [exhibits control over inconsistent allegations]; see also Compl., Exs. A, B1, B2.) Second, with one exception, none of the alleged breaches (Compl. ¶¶ 15-25) are of any terms in the integrated written lease agreements. (See Compl. Exs. A, B1, B2, at § 19.01 [integration clause]; Code Civ. Proc., § 1856, subds. (a), (b) [parol evidence rule].) The exception is defendants' alleged failure ...

Excerpt: ...and 7 5. Mark Rhyme – Demand 8 For each PMK Topic listed above, the following language shall be stricken: “Whether [entity and/or entity] was an alter ego of any defendant in the HCR and/or Devine Actions (and/or whether the entities' structure as a limited partnership should be disregarded in these actions including without limitation.” For each Demand listed above, the following language shall be stricken: “whether [entity] was an alter...

Excerpt: ...after that date pertained to the “only” remaining dispute at trial, i.e. “calculation of the appropriate mileage offset/damages;” and that none of the discovery conducted after that date was used at trial. (Opp at 4:22-7:16; Gruzman Decl. in support of Opp, Paras. 14-20.) Similarly, defendant contends that any fees incurred after it “admitted liability” should not be recoverable, including fees for expert discovery and trial. (Opp at ...

Excerpt: ...aintiff's counsel inadvertently failed to forward it to his paralegal to calendar. At that time, he was preparing for trial (starting April 7, 2022) and his own wedding (which took place on March 27, 2022). (Roberts Decl., at ¶ 3.) Co-counsel at Plaintiff's counsel's firm avers that he did not forward the discovery requests to the paralegal because Mr. Roberts was assigned the case and Mr. Perry assumed Mr. Roberts had it handled. (Perry Decl., ...

Excerpt: ...s met their initial burden “of producing ‘prima facie evidence of a written agreement to arbitrate the controversy.' [Citation.] The moving party ‘can meet its initial burden by attaching to the [motion or] petition a copy of the arbitration agreement purporting to bear the [opposing party's] signature.'” (Gamboa v. Northeast Community Clinic (2021) 72 Cal.App.5th 158, 165; see also Costa Decl. ¶ 2.) “For purposes of a petition to comp...

Excerpt: ...w, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (Code of Civ. Proc., § 473, subd. (a)(1).) Additionally, any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order. (Cod...

Excerpt: ...to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete. (Code Civ. Proc., § 2030.300, subd. (a)(1)). If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) Merits The interrogatories at issue seek information about Trinity's licenses,...

Excerpt: ... to form interrogatories, set one, numbers 50.1-50.3 and 50.5. Plaintiff's motion to compel further responses to request for admissions, set one, numbers 1-5, 9, 10, 22, and 26-28, is granted. Duplicate Motions As a preliminary matter, Plaintiff filed two nearly identical motions to compel further responses to requests for admission, three days apart. The only apparent differences are that the later filed motion includes a proof of service and th...

Excerpt: ...the Clerk's Office rejected the document because the address was not changing, and counsel of record was changing. The Clerk indicated that a substitution of counsel was needed. (ROA 76.) It was not until April 29, 2022 that Trial Lawyers for Justice filed a substitution of counsel on the correct form indicating that Trial Lawyers for Justice was new counsel of record for Plaintiff. This was electronically served on all parties including Waters' ...

Excerpt: ...cut-off deadline set forth in its 1/18/22 minute order applies to the subject subpoenas. (See ROA No. 174 [1/18/22 minute order].) Plaintiff Curt Daniel Newnes (plaintiff) previously issued subpoenas to Victor and Mary Del Toro for their testimony and the production of certain documents at deposition in November 2021, which set their depositions for 12/13/21. (See ROA No. 257–Supp. Newnes Decl. ¶ 2, Ex. 2, pp. 53-66 [November 2021 subpoenas to...

Excerpt: ... and 2, which seek all documents pertaining to Defendants Burns and Savient, respectively, from 12/1/15 to 12/31/20. Defendants object to these requests as they are overbroad and invasive of the rights to privacy, and not reasonably calculated to lead to the discovery of admissible evidence. Defendants contend that the action involves a dispute concerning a single real estate transaction, and sole individual, and in no way encompasses every banki...

Excerpt: ...ant to this motion and somewhat confusing. The Court recounts facts necessary to resolution of this motion. This matter is an individual action with a PAGA component. Broadly speaking, Plaintiffs allege Defendants violated wage-and-hour laws and that Plaintiffs were constructively terminated for complaining about those violations. Plaintiffs are represented by the EFLL firm and LaCour. Aguilar, who is not a Plaintiff here, worked for Defendants u...

Excerpt: ... are ordered to provide responses, without objections, to Shellpoint's Form Interrogatories, Set One and Special Interrogatories, Set One within 30 days of service of the court's order. Plaintiffs are ordered to pay monetary sanctions in the amount of $1,387.50 within 30 days of service of the court's order. Merits Shellpoint moves for an order compelling Plaintiffs to provide responses, without objection, to Shellpoint's Form Interrogatories, Se...

Excerpt: ...s of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants...

Excerpt: ...ted. [Citation.] When deciding whether to grant summary judgment, the court must consider all of the evidence set forth in the papers (except evidence to which the court has sustained an objection), as well as all reasonable inferences that may be drawn from that evidence, in the light most favorable to the party opposing summary judgment. [Citations.] Both the standard of care and defendants' breach must normally be established by expert testimo...

Excerpt: ..., it appears Plaintiffs are seeking a mandatory injunction, which does not appear warranted here. First, Plaintiff has not adequately stated irreparable harm. Plaintiff is still permitted to build on its own property, regardless of whether or not an easement currently exists. Further, it is unclear whether Defendants actually object to permitting access for ingress and egress to Plaintiff's property, or to Plaintiff's desire to use the Easement f...