Excerpt: ...tice of the truth of the hearsay matters stated therein or a particular interpretation of the laws cited therein. (Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1374-1375) A. Plaintiff's Objection to the Declaration of Mokhtar Ramadan is OVERRULED. (See ROA #138) A. Defendant's Objections to documents Nos. 1-3 below are OVERRULED. 1. Declaration of Laurent Fabre and Exhibits A through E thereto 1. Declaration of Sacha E...

Excerpt: ...ly, the Court notes that the parties have satisfied the meet and confer requirement prior to the filing of this Motion. Code of Civil Procedure section 2025.420(a) states that the Court may, for good cause shown, grant a protective order before, after, or during a deposition. Such order may include “any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, ...

Excerpt: ...arge the time for answer or demurrer. Code Civ. Proc. § 473(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. Code of Civ. Proc. § 576. A motion to amend a pleading before trial must: (1) include a copy of the proposed amendment or amended pleading; (2) state what allegations...

Excerpt: ...leave to amend as to Defendant Jack Ray, and OVERRULED as to Defendant Buena Park Elks Lodge No. 2046 of the Benevolent and Protective Order of the Elks (the “Defendant Elks Lodge”). These causes of action are based on an alleged tenancy created by contract. The Complaint alleges that “[i]n or about 2013, Defendant Elks Lodge agreed by oral agreement to rent 7212 Melrose Street Space #6, Buena Park . . . to Plaintiff and his mother, which i...

Excerpt: ... 156 to 201. Special Interrogatories is the appropriate discovery methods to seek facts, witnesses and documents related to contention interrogatories. Legal contention questions are “entirely appropriate for interrogatories, are not proper in the deposition of a party who is represented by counsel.” (Rifkind v. Superior Court (1994) 22 Cal. App. 4th 1255, 1263.) Contrary to Plaintiff's suggestion, a deposition is not a substitute for respons...

Excerpt: ...n III-B below—namely, whether the Court can assume for class certification purposes that the time that an employee clocks- in is considered compensable work time based on both the evidence and the law. Among other things, the parties should address whether there is a rebuttable presumption that timecard clock-in times are actual hours worked. The parties may submit up to 10 additional declarations in support of their positions, as well as exist...

Excerpt: ...or Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 49 [burden]; Daniels, supra, 182 Cal.App.4th at p. 216 [elements].) To show malice, “‘plaintiff must plead and prove actual ill will or some improper ulterior motive.' Improper purposes can be established in cases in which, for instance: (1) the person bringing the suit does not believe that the claim may be held valid; (2) the proceeding is initiated primar...

Excerpt: ..., minus $3,297.63 for unrecoverable costs. No multiplier is appropriate in this lightly litigated, straightforward case. While defendant complains generally about overstaffing and inefficiencies, “‘it is the burden of the challenging party to point to the specific items challenged, with a sufficient argument and citations to the evidence. General arguments that fees claimed are excessive, duplicative, or unrelated do not suffice.'” (Lunada ...

Excerpt: ...t a proof of service by mail of copies of the applications and the notice of hearing of the applications on the State Bar of California at its San Francisco office. The applicants also have not complied with CRC Rule 9.40(e) since they have not shown that they paid the $50 fee to the State Bar of California with the copy of the application and the notice of hearing that must be served on the State Bar. Defendant Kelcourt Plastics, Inc.'s Demurrer...

Excerpt: ...ion is not supported by the findings, or the findings are not supported by the evidence. 11 Lagunita, LLC vs. California Coastal Commission (2020) 58 Cal. App. 5th 904, 918. The agency is the finder of fact, and the court must indulge all reasonable inferences from the evidence that would support the agency's determinations, resolve all conflicts in the evidence in favor of the agency's decision, and presume the correctness of the decision. Save ...

Excerpt: ...dgment, the Court vacated the prior judgment in the Association's favor, which allowed the Association to recover unpaid rent from Plaintiffs, with offsets for money owed in restitution to Plaintiffs on their TILA claim. Instead, the Court entered judgment in favor of Plaintiffs for restitution, plus postjudgment interest dating to April 14, 2016, the date of the prior judgment entered by Judge Moss. (See ROA 2776.) “When a judgment is modified...

Excerpt: ...roduction to make a prima facie showing of the nonexistence of any triable issue of material fact. . . .” (Ibid.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of act...

Excerpt: ...ments that were produced in response to requests for production of documents, set two, to comply with Code of Civil Procedure section 2031.280, subdivision (a), it is granted. The motion is otherwise denied. Defendant belatedly-filed his opposition to the motion. He explained that at the time the opposition was due, he was in the process of changing counsel. (Stewart Decl., at ¶¶ 4- 6.) Plaintiffs filed a reply on the merits. The court exercise...

Excerpt: ...ding the arbitration of the individual claims, is granted. Pursuant to CCP §1048(a), “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the action; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” In deciding the motion, the cour...

Excerpt: ... a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) Application for an order for relief “shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” (Ibid.) The party moving for relief has the burden to demonstrate “that due to some mis...

Excerpt: ...suant to written questions. The court notes that the defendants filed a notice of appeal as to this court's order adopting the Referee's Report and Recommendation No. 11. (See G061287.) They also filed a petition for writ of mandate wherein they sought a stay of the entire action pending resolution of the appeal. (See G061287.) The writ petition, and request for a stay, was denied on May 5, 2022. (ROA 1351.) The appeal remains pending. The perfec...

Excerpt: ...the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may ...

Excerpt: ... to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included i...

Excerpt: ...s Granted Punitive Damages The motion for summary adjudication is granted as to the claim for punitive damages. There is simply no evidence to support any claim that the defendant acted with malice, oppression, or fraud; and no evidence that rises to the level of proof by clear and convincing. Issues for which Judgment is Denied First Cause of Action – Disability Discrimination There is a triable issue of material fact as to whether the plainti...

Excerpt: ...arty to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (CCP § 473(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...

Excerpt: ...”) including exhibits, and addressing the deficiencies raised by the Court's April 21, 2022 Minute Order, which provides that Certificates of Merit comply with, as well as lodged confidential documents. (Supplemental Johnson Declaration, ¶ 8.) The Court noted that the Certificates of Merit filed by Plaintiff's counsel, Thomas A. Cifarelli, and by a Mental Health Practitioner, Paul Larsen LMFT contain the declarations required by CCP § 340.1(g...

Excerpt: ...s shall also provide redline copies of the revised notice and proposed order. A judgment in a PAGA action “binds all those, including nonparty aggrieved employees, who would be bound by a judgment in an action brought by the government.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 986.) Thus, “PAGA settlements are subject to trial court review and approval, “to determine whether it is fair, reasonable, and adequate in view of PAGA's p...

Excerpt: ...ising defendant of the issues it is being asked to meet, a demurrer for uncertainty should be overruled or plaintiff given leave to amend.” (Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139.) Here, Petitioner has alleged denial of increased benefits under the Pandemic Unemployment Assistance program. In the operative amended petition, Petitioner alleges a single cause of action with the following title: “EDD has willfully m...

Excerpt: ...ertion that Green is liable on an alter ego theory is insufficient to state a cause of action against him individually. Demurrer (Casas and MSC Physician) The demurrer of defendants Melinda S. Casas and MSC Physician Billing Services, Inc., to the First Amended Complaint, specifically the Fourth and Fifth Causes of Action is SUSTAINED with 30 days leave. This is similar to the demurrer by Green. There are no specific allegations of any misreprese...

Excerpt: ...antage. [] It is quite literally the element that causes the interference to be a tort.” The same element applies to claims for negligent interference. (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 1006 (disapproved on other grounds in Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130).) The California Supreme Court has held that, “to state a claim for interference with an at-will contract by a third party, the plaintiff mus...