Excerpt: ...of Costs on 12/6/2019. Defendants originally attempted to file the motion on 12/26/2019, which would have been timely (taking into account the extra 5 days granted for service by mail). But the clerk rejected that filing because counsel's name did not match the name originally on file for defense counsel. Defendants then filed a Notice of Firm Name Change on 12/30/2019 and filed this motion the same day. (Muench Dec.) Defendants' counsel addresse...

Excerpt: ...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 either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be g...

Excerpt: ...ing demurrer attacks all nine causes of action. The motion to strike is directed at the 1 st cause of action, and claims asserted against individuals (named and unnamed). Initially, plaintiffs allege that there was no new pleading triggering the option of another demurrer, noting that the Master Complaint came about after two cases were consolidated. However, at the August 12, 2019 hearing, this Court did not order that no new responsive pleading...

Excerpt: ...aintiff alleged defect in F22 that, over time, resulted in slippage or dislodgment of front balancer shaft oil seal failed to state a valid CLRA claim because the allegations failed to identify any affirmative representations that the automobiles had any characteristic they do not have or are of a standard or quality they are not or allegations that manufacturer was bound to disclose defect]. See also, Bardin v. DaimlerChrysler Corp. (2006) 136 C...

Excerpt: ...aintiff alleged defect in F22 that, over time, resulted in slippage or dislodgment of front balancer shaft oil seal failed to state a valid CLRA claim because the allegations failed to identify any affirmative representations that the automobiles had any characteristic they do not have or are of a standard or quality they are not or allegations that manufacturer was bound to disclose defect]. See also, Bardin v. DaimlerChrysler Corp. (2006) 136 C...

Excerpt: ...stalled the allegedly-trespassing items. Indeed, from the pleading, it appears that the Plaintiff is also unsure. (See FAC ¶¶ 2, 5, 6.) This issue would be a matter for discovery and gathering of evidence. Judicial notice is reserved only for matters that are indisputably true or which could not be a subject of a reasonable dispute. (See Evid. Code § 452; Richtek USA, Inc., 242 Cal.App.4th 651, 660; Bounds v. Superior Court (2014) 229 Cal.App....

Excerpt: ...stalled the allegedly-trespassing items. Indeed, from the pleading, it appears that the Plaintiff is also unsure. (See FAC ¶¶ 2, 5, 6.) This issue would be a matter for discovery and gathering of evidence. Judicial notice is reserved only for matters that are indisputably true or which could not be a subject of a reasonable dispute. (See Evid. Code § 452; Richtek USA, Inc., 242 Cal.App.4th 651, 660; Bounds v. Superior Court (2014) 229 Cal.App....

Excerpt: ...fendant cites Mendoza v. City of Los Angeles (1998) 66 Cal.App.4 th 1333 for this proposition. However, that case was not a demurrer case, and actually went to a jury. Mendoza involved an off-duty police officer who fatally shot his fiancé. The Court of Appeal stated, “Mendoza was both off duty and in Hawthorne, outside the jurisdiction of the Department, when he shot Clementina during a domestic dispute. The act was unrelated to his official ...

Excerpt: ...ute. The parties subsequently filed separate responses on 3/20/20. The 3/20/20 filings make it clear that the parties are arguing about a pleading which has not been filed with the Court. Both sides now agree that the dispute is as to a Second Amended Complaint which attempts to assert twelve causes of action (“COAs”), beginning with a claim for “Violation of the Ralph Civil Rights Act” as COA 1. However, the SAC which was filed with the ...

Excerpt: ...ute. The parties subsequently filed separate responses on 3/20/20. The 3/20/20 filings make it clear that the parties are arguing about a pleading which has not been filed with the Court. Both sides now agree that the dispute is as to a Second Amended Complaint which attempts to assert twelve causes of action (“COAs”), beginning with a claim for “Violation of the Ralph Civil Rights Act” as COA 1. However, the SAC which was filed with the ...

Excerpt: ...hout further leave to amend. The TAC asserts that Traub provided nursing care to Plaintiff during a single shift on 5/31/17 (TAC ¶¶ 26-32), while Abraham provided nursing care to Plaintiff during two overnight shifts between 6/1/17 and 6/3/17 (TAC at ¶¶ 40-50). Host and TNAA are identified as their respective employers. (TAC ¶¶ 6, 7, 35, 36, 55, 56.) The facts as alleged in COA 1, as to both Traub and Abraham, involve a failure to perform p...

Excerpt: ...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 either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be g...

Excerpt: ... action for medical malpractice are: (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of the duty; (3) a proximate causal connection between the negligent conduct and the injury; and (4) resulting loss or damage.'” Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968. Causation: “On causation, the plaintiff must establish ‘it is more probable than not the neg...

Excerpt: ...d, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglec...

Excerpt: ...ed, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to o...

Excerpt: ...ed, cannot be established, or that there is a complete defense to that cause of action. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to o...

Excerpt: ...esting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request is without merit or too general. [¶] (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. . . . [¶] (c) “Unless notice of this motion ...

Excerpt: ...esting admissions may move for an order compelling a further response if that party deems that either or both of the following apply: [¶] (1) An answer to a particular request is evasive or incomplete. [¶] (2) An objection to a particular request is without merit or too general. [¶] (b)(1) A motion under subdivision (a) shall be accompanied by a meet and confer declaration under Section 2016.040. . . . [¶] (c) “Unless notice of this motion ...

Excerpt: ...s failed to file timely oppositions to the Motions. The Motions were originally scheduled to be heard on 1/13/20, which would have made any oppositions due no later than 12/30/19. CCP § 1005. Plaintiff did not file any oppositions to the Motions prior to the 1/13/20 hearing date. When the matter came before the Court on 1/13/20, the Court continued the hearing to 3/2/20 for Defendant's lack of meet and confer efforts with plaintiff Escotto, lack...

Excerpt: ...s failed to file timely oppositions to the Motions. The Motions were originally scheduled to be heard on 1/13/20, which would have made any oppositions due no later than 12/30/19. CCP § 1005. Plaintiff did not file any oppositions to the Motions prior to the 1/13/20 hearing date. When the matter came before the Court on 1/13/20, the Court continued the hearing to 3/2/20 for Defendant's lack of meet and confer efforts with plaintiff Escotto, lack...

Excerpt: ...nagement, LLC (“Epsilon”), arguing that: (a) as MP had previously filed an action against Koulouras and Epsilon in Illinois which also concerns Koulouras' prior employment with MP, its first-filed case should be allowed to proceed in Illinois to address all of the issues re Koulouras' separation from MP; and (b) the claims at issue should be adjudicated in Illinois on forum non conveniens grounds. Both arguments are unpersuasive here. As a pr...

Excerpt: ...nagement, LLC (“Epsilon”), arguing that: (a) as MP had previously filed an action against Koulouras and Epsilon in Illinois which also concerns Koulouras' prior employment with MP, its first-filed case should be allowed to proceed in Illinois to address all of the issues re Koulouras' separation from MP; and (b) the claims at issue should be adjudicated in Illinois on forum non conveniens grounds. Both arguments are unpersuasive here. As a pr...

Excerpt: ...mages, for a total judgment amount of $192,730.00. The court may determine the proper amount of credits/offsets from a pre-trial settlement in a post-judgment motion. In general, when a pretrial settlement does not differentiate between economic and noneconomic losses, the court must determine the amount of the settlement attributable to each type of loss, because only the amount attributable to the joint responsibility for economic damages may b...

Excerpt: ...d, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglec...

Excerpt: ...ing demurrer attacks all nine causes of action. The motion to strike is directed at the 1 st cause of action, and claims asserted against individuals (named and unnamed). Initially, plaintiffs allege that there was no new pleading triggering the option of another demurrer, noting that the Master Complaint came about after two cases were consolidated. However, at the August 12, 2019 hearing, this Court did not order that no new responsive pleading...