Excerpt: ...necessarily confusing but the Court, nevertheless, reached the merits of the demurrer. The demurrer is OVERRULED as to the 1st, 2nd, 8th and 9th causes of action and SUSTAINED with leave to amend as to the 3rd-7th causes of action. Plaintiff has 15 days in which to amend the 3rd-7th causes of action. Defendant's Request for Judicial Notice is GRANTED in its entirety. Defendant demurs to the entire FAC on the ground that Plaintiff is collaterally ...

Excerpt: ...”) to serve further responses to form interrogatory numbers 14.1, 17.1, 50.4, 50.5, and 50.6, special interrogatory numbers 5, 6, and 14-19, and requests for admission numbers 3, 4, and 6. Plaintiff also seeks monetary sanctions in the amount of $850 for each motion against the respective defendant Plaintiff's Motions To Compel are GRANTED in part and DENIED in part as follows: Background Plaintiff alleges on or about 11/8/2019, Plaintiff and B...

Excerpt: ...otors, LLC (“GM”) is ordered to produce a Person Most Knowledgeable for deposition as to Category Nos. 2-17, 18-27, 30-32, 35-40, 42-49, 51-52, and 57-58 on or before July 23, 2021, under conditions consistent with applicable COVID-19 public health orders and guidance or under conditions to which the parties otherwise stipulate, and to produce without objections by July 23, 2021, documents requested by Request for Production Nos. 1-40 in Plai...

Excerpt: ...y extension to respond as they had a motion to be relieved as counsel filed and set to be heard in late January 2021. The extension was granted. Counsel was relieved and no responses were served. In early March 2021, Defendant's counsel wrote to Plaintiffs reminding them of their obligation to respond. No responses were received, Defendant filed the pending motions on 03/25/2021. On 04/21/21, Plaintiffs retained new counsel who contacted Defendan...

Excerpt: ... Jackson (2001) 93 Cal.App.4th 993, 1020; see also Corbett v. Hayward Dodge, Inc. (2004) 119 Cal.App.4th 915, 926 [stating that “[c]ourts have uniformly held that the party moving for statutory attorney fees or sanctions has the burden of proof”].) Attorney's fees are recoverable as costs, when authorized by contract, statute, or law. (Code Civ. Proc., § 1033.5(10)(A)-(C).) Contractual attorney's fees are recoverable as costs. (Code Civ. Pro...

Excerpt: ...cked and called “limpy,” or “gimpy.” He further alleges other discriminatory comments were made about his age, mobility, and fitness to work. (FAC, ¶23). Plaintiff alleges that in 2019 and 2020, he observed under age employees of Defendants serving alcohol to customers. Plaintiff states he told the underage workers to stop serving alcohol. Plaintiff also claims he reported the problem to his supervisors, but that Defendants continued to ...

Excerpt: ...maintained by any state or local agency pursuant to Section 832.5, or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. In City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 81-84 (footnotes and internal quotation marks omitted) the Supreme Court described the statutory scheme for discovery of...

Excerpt: ...jections. Code of Civil Procedure section 437c, subdivision (p)(2) provides, “A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action. Once the defendant . . . has met that burden, the burden shifts to the plaintiff . . . to...

Excerpt: ...ve damages from the complaint filed by plaintiffs Serhiy Postrekhin, Nadia Postrekhina, and Alisa Postrekhin and Mila Postrekhin, through their Guardian Ad Litem, Alena Zoubareva. The court rules as follows: Meet and Confer: Defendants' counsel spoke with plaintiffs' counsel and could not agree on the issues. (Safar Decls., ¶¶ 1.) Defendants sufficiently met and conferred prior to filing the demurrer and motion to strike. (Code Civ. Proc., §§...

Excerpt: ...or threatened to touch plaintiff in a harmful or offensive manner; (2) plaintiff reasonably believed she was about to be touched in a harmful or offensive manner or it reasonably appeared to plaintiff that defendant was about to carry out the threat; (3) plaintiff did not consent to defendant's conduct; (4) plaintiff was harmed; and (5) defendant's conduct was a substantial factor in causing plaintiff's harm.” (So v. Shin (2013) 212 Cal. App. 4...

Excerpt: ...ction of documents were directed fails to serve a timely response, the propounding party may move for an order compelling responses, and for monetary sanctions. (Code Civ. Proc. §§ 2030.290(b); 2031.300(b).) By operation of law, if a party fails to serve a timely response to interrogatories or inspection demands, all objections that could have been asserted are waived, including objections based on privilege or on the protection for work produc...

Excerpt: ...any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without merit or too general. . . . [¶] (b) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. [¶] (c) Unless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, o...

Excerpt: ...ntend that Plaintiff's responses to Form Interrogatories, Set One (“FROG”), Nos. 9.2 and 17.1 relating to Requests for Admission (“RFA”) Nos. 1-3, 8-21, 73-86, 93-96, 98, and 103-104 are incomplete, evasive, and severely deficient. Specifically, they contend that responses to FROG No. 9.2 and FROG 17.1(d) relating to RFA Nos. 1-3, 8- 21, 73-86, 93-96, and 103-104 improperly refer the Ghaneian Defendants to almost 17,000 pages of documents...

Excerpt: ...o judicial notice. See, CCP § 437, subd. (a). There is no request for judicial notice. Thus, the facts contained in the Opposition and supporting documents are disregarded to the extent that they go beyond the four corners of the FAC. Punitive Damages Pursuant to Civil Code § 3294(a), a plaintiff may seek punitive damages for “oppression, fraud, or malice.” Civil Code §3294(c) defines “malice” as conduct which is intended to cause inju...

Excerpt: ...�� produced, the record before the court does not establish that this disclosure was, or reasonably should have been, apparent to the attorney for Plaintiffs in the circumstances. This conclusion is based on many factors, including the very nature of the records requested in the subpoena (directly requesting the records produced), that the records were then released by a witness who is an attorney, that some information in the production reasonab...

Excerpt: ...d this motion on 4/9/21, seeking a further response to special interrogatory no. 1. Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interroga...

Excerpt: ...court order to provide discovery.” CCP § 2023.030 subdivisions (a)-(c) authorizes the court to impose monetary, issue, or evidentiary sanctions against anyone engaging in conduct that is a misuse of the discovery process. CCP § 2023.030 subdivision (d) permits the court to impose a terminating sanction. CCP § 2023.030 subdivision (e) provides, “The court may impose a contempt sanction by an order treating the misuse of the discovery proces...

Excerpt: ...erican Contractors Indemnity Company, Inc. (collectively “Defendants”) move for summary judgment or, in the alternative, summary adjudication of the 1st-12th causes of action. Defendants seek summary judgment on the 1st-11th causes of action on the ground that Plaintiffs did not have a license to perform most of the work required under the contract. A “party moving for summary judgment bears an initial burden of production to make a prima f...

Excerpt: ...t testimony which MOOTS Objection Nos. 48-101. Defendant's Supplemental Declarations in support of the Reply. Defendant submitted nine supplemental declarations with the Reply. This new evidence is excluded by the Court as new evidence should not be filed with the reply papers. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-38.) Motion. Defendant failed to meet her initial burden of demonstrating that Plaintiffs Most Reverend Kevin Willia...

Excerpt: ...epartment C-34. Code of Civil Procedure section 425.16, subdivision (c)(1) provides that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” “[A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) In Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App. 4th 328, 340, t...

Excerpt: ...equest for Judicial Notice is GRANTED. Moving defendants failed to comply with California Rules of Court, Rule 3.1110(f)(4) in filing their Request for Judicial Notice. California Rules of Court, Rule 3.1110(f)(4) provides: “Electronic exhibits must meet the requirements in rule 2.256(b). Unless they are submitted by a self-represented party, electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and ...

Excerpt: ... 2009, [defendant] promised [plaintiff], via e-mail and a telephone call, she would promptly prepare and deliver trust documents…”) and Tenet Healthsystem Desert, Inc. v. Blue Cross of California (2016) 245 Cal.App.4th 821, 838 (“Hospital has … clearly pled facts that show how the statements were made (directly to agents of Hospital through telephone calls and written letters faxed to Hospital)…”).) In other respects, the demurrer's a...

Excerpt: ...s to the 1 st cause of action for Private Nuisance, Defendants do not argue there are insufficient facts to constitute a cause of action, but rather, that this c/a is a “clone” of the 4 th cause of action for Negligence; and therefore, should be dismissed. However, Plaintiff cites to Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2016) 6 Cal.App.5th 1207, 1222–1223, which provides, “When a pleader is in doubt about what ...

Excerpt: ...) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) Negligence Causes of Action Plaintiff's first (negligence), second (negligent supervision), third (negligent failure to warn, train, or educate), fifth (negligent infliction of...

Excerpt: ...e Court therefore orders Plaintiff's individual claims to arbitration. The only dispute is about whether the PAGA claim should be stayed pending the completion of arbitration. Relying on CCP § 1281.4 and Franco v. Arakelian Enterprises, Inc. (2015) 234 Cal.App.4th 947, Defendant argues a stay is appropriate because the individual claims and the PAGA claim require the resolution of overlapping issues. In particular, the resolution of Defendant's ...