Excerpt: ...is denied. Defendant's responses are not code compliant. The requests mostly asked defendant to admit that a certain statement was made. Defendant's responses simply referenced some communications, without admitting or denying whether the requested statement was made. (Even though defendant “otherwise denied” all of the requests, this denial was legally insufficient in the context of the entire response.) Defendant failed to comply with the s...

Excerpt: ...iff has met his shifted burden to show triable issues of material fact. (See Code Civ. Proc., § 437c, subd. (p)(2); Aguilar, supra, 25 Cal.4th at pp. 849-850.) Noticed Issue No. 1. Unlike most causes of action, on summary judgment for a FEHA discrimination claim, an employer meets its initial burden by identifying a legitimate and nondiscriminatory reason for subjecting Plaintiff to an adverse employment action, the burden then shifts to Plainti...

Excerpt: ... 30, 2022. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions and additions must be submitted as well. In addition, Plaintiff must provide proof of service of any revised settlement agreement and supporting papers on the LWDA. As to the Settlement: 1. Are there any actions pending against Defendant (whether individual, class, or PAGA, including PAGA actions in the pre-filing LWDA stage) th...

Excerpt: ...dgment on the pleadings. MOTION FOR SUMMARY JUDGMENT OR ADJUDICATION TPG's motion for summary judgment or adjudication on the FAC of Olen Properties Corp. is DENIED. I. Evidentiary Matters All of Olen's evidentiary objections are OVERRULED. As to TPG's evidentiary objections: objections 1, 2, 8, and 13-17 are OVERRULED. Objections 3-7 and 9-12 are SUSTAINED. In particular, with respect to TPG's objections 8 and 16, the Court notes that these obje...

Excerpt: ...ff's deposition testimony alone is insufficient. (Code Civ. Proc., § 437c, subd. (p)(2) [burden]; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854-855 [moving defendant may meet its initial burden by showing that plaintiff “does not possess and cannot reasonably obtain, needed evidence”]; Villa v. McFerren (1995) 35 Cal.App.4th 733, 749 [plaintiff's deposition testimony that he personally was unaware of communications between all...

Excerpt: ...roversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: ¶ (a) The right to compel arbitration has been waived by the petitioner; or ¶ (b) Grounds exist for the revocation of the agreement. ¶ (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there ...

Excerpt: ...udicial notice has been taken.” (Id.) “A demurrer must dispose of an entire cause of action to be sustained.” (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal. App. 4th 97, 119.) “As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be,” unless the “complaint contains allegations of fact inconsistent with attached documents, or allegatio...

Excerpt: ... the opposition thereto. Demurrer A. First through Fifth Causes of Action The First Cause of Action is for Violation of the Fair Employment and Housing Act (“FEHA”). It alleges that the defendants discriminated against the plaintiff “based on gender, race, pregnancy and/or disability/perceived disability.” Each of the next four causes of action also allege violations of FEHA. The Second Cause of Action is for “harassment based on gender...

Excerpt: ...tion in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. … [¶] … [¶]  (b) The issue of the good faith of a settlement may be determine...

Excerpt: .... Moreover, there is evidence from Jonathan Reynolds, an employee of cross-defendant Van Nuys Sheet Metal, that he did not sign the ticket until after the incident, and there is deposition testimony of Charles Kent, the Person Most Knowledgeable from Van Nuys Sheet Metal, that there was a custom and practice regarding the signing of these tickets which was not followed that night. If the ticket was not signed by an authorized agent, or was not si...

Excerpt: ...support of or in opposition to the motion. Objections to specific evidence must be referenced by the objection number in the right column of a separate statement in opposition or reply to a motion, but the objections must not be restated or reargued in the separate statement. Each written objection must be numbered consecutively and must: [¶] (1) Identify the name of the document in which the specific material objected to is located; [¶] (2) St...

Excerpt: ...subpoena within 60 days after completion of the deposition record. (Code Civ. Proc. § 2025.480(b); see Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, 127.) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc. § 2025.480(b).) Plaintiffs argue that the Argus Parties did not object to their appearance at their depositions. This is not correct as to the individual Argus Parties [Gee, Snodgrass and Drever]. A...

Excerpt: ...ection below. Civ. Proc. Code §§ 2030.220 and 2030.230 contain the requirements for responding to FROG. The court finds Defendants current response to FROG No. 12.1 as potentially deficient and grants the present motion pursuant to Civ. Proc. Code § 2030.300. Although the definition of “INCIDENT” is slightly vague as to relates to a lemon law matter and to multiple repairs and potential requests for repurchase, it is not so vague as to pro...

Excerpt: ...ture of the action, the fact that the plaintiff's deposition has been, or should be, completed shortly (Query: Was it taken February 8?), and the court's lighter calendar in April and much heavier calendar in June of 2022. In its reply, defendant Prompt Delivery continues to fault the plaintiff's counsel for failing to notify it timely of the prior trial date. Given the defendant filed its answer to the complaint on October 8, 2020 (ROA 10)—wit...

Excerpt: ... subpoenas appear to be identical and the arguments raised are the same as to each, the court intends to overlook the procedural problem and rule on the merits this time. Inadequate Meet and Confer The parties did not engage in a meaningful meet and confer as required by the discovery statutes. True, they had an oral conversation. But it is clear from the declarations that they did not engage in the type of meet and confer that is contemplated by...

Excerpt: ...e taken within that time limit.” (CCP § 2034.710(b).) “Under exceptional circumstances, the court may permit the motion to be made at a later time.” (Id.) “The motion shall be accompanied by a meet and confer declaration[.]” (CCP § 2034.710(c).) “The court shall grant leave to submit tardy expert witness information only if [three] conditions are satisfied[.]” (CCP § 2034.720.) First, “[t]he court has taken into account the ext...

Excerpt: ... Anti-SLAPP motions are governed by CCP § 425.16 which provides at subd. (b)(1) that “[a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability ...

Excerpt: ...electronic filing or services. For the following reasons, Plaintiff's motion is DENIED. On April 7, 2021, this matter came on for trial. (See ROA 594.) The jury deliberated, found that Defendant was not negligent in the maintenance of the subject property, and issued a verdict in favor of Defendant. (See ROA 658, 660.) Judgment was entered on May 19, 2021. (ROA 675.) Notice of Entry of Judgment was served on Plaintiffs' counsel via electronic mai...

Excerpt: ...Plaintiff intends to proceed against Orange Coast at the hearing. The parties did not comply with California Rules of Court, Rule 3.1113(d). The Court reminds the parties that "[a] memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper." (Cal. Rules of Court, Rule 3.1113(g).) Lastly, FCA submitted a declaration in support of its reply. “The general rule of motion practice…i...

Excerpt: ... Contractors (“JJS”), and John Schroeder (“Schroeder”). For the following reasons, Accent's motion for summary judgment against Plaintiff Larson and Plaintiff Zenith (the “Motion for Summary Judgment”) is DENIED. For the following reasons, Accent's motion for summary adjudication against Saddleback, JJS, and Schroeder is DENIED. Accent moves for the following orders: 1. An order granting Accent summary judgment on the complaints filed...

Excerpt: ...lowing reasons, Plaintiff's unopposed motion is GRANTED. Civil Procedure Code Section 473(a)(1) provides that “[t]he court may . . . in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading . . . .” “[T]he court's discretion will usually be exercised liberally to permit amendment of the pleadings.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 [citations om...

Excerpt: ...r answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading." ." (Code Civ. Proc., § 430.30(a).) The role of a demurrer is “to test the legal sufficiency of a complaint.” (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994, citations omitted.) In ruling on the demurrer, the court “treats the demurr...

Excerpt: ...ation of Labor Code Section 1102.5 – Defect or misjoinder of parties. Cal. Code of Civ. Proc. (“CCP”) § 430.10(d). Uncertain. CCP §430.10(f). - Second Cause of Action for Retaliation in Violation of Labor Code Section 6310 – Defect or misjoinder of parties. CCP § 430.10(d). Uncertain. CCP § 430.10(f). - Third Cause of Action for Wrongful Termination – Defect or misjoinder of parties. CCP § 430.10(d). Uncertain. CCP § 430.10(f). - ...

Excerpt: ...f against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the ‘prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.” Code of Civil Procedure section 1032, subdivision (...

Excerpt: ...laim. Moreover, corporate ratification has not been adequately pleaded. Pursuant to Civil Code section 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Section 3294(c) defines “malice” as conduct which is intended to cause injury or despicable conduct carried on with a willful and conscious disregard of the rights or safety of others. Similarly, section 3294(c) defines “oppression” as despicable condu...