Excerpt: ...ion for: (1) motor vehicle negligence; and (2) general negligence. Plaintiff alleges personal injuries and damages after she was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while in course and scope of the former's employment. 2. County of Orange v. Harris, OCSC Case No. 2018-01033469 The complaint, filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Mainten...

Excerpt: ... of action: 1. Discrimination in violation of Fair Employment and Housing Act (FEHA), Government Code section 12940, subdivision (a); 2. Retaliation for disclosure of veteran status in violation of Labor Code section 1102.5; 3. Hostile work environment in violation of FEHA, Government Code section 12940, subdivision (j); 4. Wrongful termination in violation of Government Code section 12940, subdivision (a); 5. Discrimination against member of mil...

Excerpt: ...nd cause of action [breach of contract v individuals]: NewRez has provided no evidence for anything but taking confidential/trade secret information; There is no evidence that McCarthy or Davidson disclosed to others the information that they emailed themselves; This cause of action does not provide any basis for an injunction any broader than would be supported by the 1 st cause of action; Deny; 3 rd cause of action [breach of non-solicitation a...

Excerpt: ...orm certain surveying work at the project, entered into on or about August 22, 2013 (See FAC ¶¶ 1, 5, 8, 11, 18, Exh. B.) AWI alleges Defendant Pockman is TDR's CEO and Defendant Shank is TDR's CFO and secretary, and that both individuals are also parties to the Agreement as an “apparent assignee[s].” (Id. ¶¶ 2, 4, 5, 11, Exh. B.) AWI alleges Defendants have breached the Agreement by, among other things, performing deficient surveying wor...

Excerpt: ...no v. Hirano (2007) 158 Cal.App.4th 1 applicable to the circumstances here. In Hirano, appellant failed to timely exchange expert witness information when the case was initially set for trial. (Id. at p. 5.) The court continued the trial several times, but ultimately dismissed the action for failure to prosecute. (Ibid.) The Court of Appeal reversed the judgment and on remand, a new trial date was set. (Ibid.) The trial court granted respondent's...

Excerpt: ... 1013 Does Not Apply: Code of Civil Procedure section 1013, subdivision (a), provides in pertinent part: “In case of service by mail . . . . [s]ervice is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days...

Excerpt: ..., 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 show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgm...

Excerpt: ...ed, 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 show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-851 (fns. 13 and 14 omitted), states, “Second, and generally, the party moving for summary judgment bears an initial ...

Excerpt: ...nd DENIED, in part. (2) Plaintiff's motion for an order compelling the further depositions of Piecemakers' Person Most Knowledgeable and Douglas Follette, and compelling witnesses to answer questions at deposition is GRANTED. (3) Plaintiff's motion for an order compelling the further depositions of Piecemakers' Person Most Knowledgeable and to produce documents is GRANTED. As to all three motions, the Court finds counsel for plaintiff sufficientl...

Excerpt: ...: (1) Plaintiff was a beneficiary of the Showalter Trust; (2) despite James' giving Defendant Power of Attorney over his beneficiary rights under the Showalter Trust and assigning his beneficiary rights to Defendant, Defendant was to ensure that Plaintiff still received her share of the inheritance pursuant to the Showalter Trust; and (3) because James turned 60 before the Trust funds were dispersed, he received Plaintiff's share of inheritance u...

Excerpt: ...motions in limine and motion for bifurcation of damages should be disallowed because the parties had already agreed on the merits of those motions before they were filed, so they were not necessary, and Defendant provided evidence of such an agreement. Plaintiff did not respond to this argument. The motion is granted as to these costs ($180 for 3 motions to compel, $60 for request for judicial notice, $120 for motions in limine, and $120 for the ...

Excerpt: ...icient to justify the sealing.” (Cal. Rules of Court, Rule 2.551(b)(1).) The court may order that a record be filed under seal only if expressly finds that the requirements of Rule 2.550(d) have been met. (Cal. Rules of Court, Rule 2.550(d).) The sealing rules, however, are inapplicable to “discovery motions and records filed or lodged in connection with discovery motions or proceedings,” unless the “discovery materials” are “used at ...

Excerpt: ...oe City is an unincorporated community located in Placer County, California. Defendant's motion is timely. (Code Civ. Proc., § 396b, subd. (a).) Defendant has presented evidence that he resides in San Mateo County and that the promissory note was not entered into in Orange County. (Reyff, Jr. Decl., at ¶¶ 2, 5-7.) As to where the contract was to be performed, the place of making is deemed to be the place of performance unless a different place...

Excerpt: ...ing him to record his medical expert's examination of Plaintiff, Plaintiff recorded it. Thus, Plaintiff created a document with information relevant to this case. (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal. App. 4th 390, 402.) Code of Civil Procedure section 2017.010 provides that any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pe...

Excerpt: ...he amount of $2,560, payable within 30 days. The requests which are being granted seek documents that are relevant to the subject matter of the action or are reasonably calculated to lead to the discovery of admissible evidence, and good cause exists to compel their production. Plaintiff's Motion to Compel Defendant Canus Corporation to Provide Further Responses to Plaintiff's Special Interrogatories (Set One) (as to #1 and 2) is granted. Plainti...

Excerpt: ...ntly stand. At the hearing on this motion, however, Plaintiff shall state on the record whether he waives his claims for underpaid wages and any other individualized relief. If Plaintiff agrees to such a waiver, then the motion will be denied. I. Factual Background Plaintiff was employed by TIC-AC as a Service Technician and Assistant Service Manager at two TIC-affiliated apartment properties in Mission Valley, California. (Compl. (ROA 2), ¶ 6; ...

Excerpt: ...fenses to be bifurcated, not the propriety of bifurcation itself. Insofar as the motion concerns Defendants Gary Kanter and Denise Stiles-Kanter's (referred to as “Gary” and “Denise” for clarity) fourth affirmative defense (entitled “Indemnity and Contribution”) that Armony's claims are barred by operation of Paragraph 9 of a January 2011 agreement between Armony and Gary (the “Mediation Agreement”), the Court is inclined to treat...

Excerpt: .... (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bent...

Excerpt: ...s of concern. Any supplemental briefing shall be filed on or before September 3, 2019. If a revised settlement agreement and/or class notice is submitted, a redline showing all changes, deletions, and additions must be submitted as well. As to the Settlement: 1. The class period for Laborers begins on December 20, 2012 because, per the Rodriguez FAC, the parties entered into a tolling agreement on December 20, 2016. Per the Kles complaint, an ide...

Excerpt: ...2003) 109 Cal.App.4th 739, 761 [where no prejudice is shown to the adverse party, the liberal rule of allowing amendment prevails]; Code Civ. Proc., § 473, subd. (a)(1).) The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified: “It is an abuse of discretion to deny leave to amend where the opposing party was not misled or prejudiced by the amendment.” (Atkinson, supra, at p. 761.) ...

Excerpt: ...ck's desire to take discovery from non-party Sound Point relating to an offering of securities by Gruppo Waste Italia S.p.A. (“Waste Italia”). Rimrock purchased certain of those securities from Defendants and alleges that Jeffries' representations made in connection with the marketing of the securities violated California's Blue Sky laws. In its moving papers, Rimrock states that in the course of Waste Italia's concordato proceedings (the Ita...

Excerpt: ...gatories (set one) as to Donald Grammer and Richard McGrath 5. Plaintiff Baer's Motion to Compel Production (set one) as to Richard McGrath and Donald Grammer 6. Plaintiff Baer's Motion to Compel Response to Request for Admissions (set one) as to Richard McGrath, Dennis Hartmann and Donald Grammer 7. Status Conference 1. The Demurrer Defendants Hartmann, Grammer, McGrath, Banyan LP, Orange Blossoms LP and Pear Tree LP (“the Grammer parties”) ...

Excerpt: ... exercise reasonable care and skill in undertaking to perform legal services for Plaintiffs”), and Para. 16 (“Had Defendants exercised proper care and skill in providing legal services to Plaintiffs, Plaintiffs would not have lost money in their investments”).] The SAC also alleges the existence of an attorney-client relationship. (SAC at Paras. 10, 12, 17.) The SAC also now alleges more facts as to how exactly MPs failed to adequately / pr...

Excerpt: ...se allegations, plaintiffs' claim for fraudulent omission is barred by the economic loss rule. (Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988 [plaintiff is required to “demonstrate harm above and beyond a broken contractual promise,” in order to recover tort damages].) Other than the absence of allegations as to damages other than those related to their warranty claims, the court finds that plaintiffs' concealment cla...

Excerpt: ...to the consideration of such motions in the Individual Actions. Coyote Grill's request to disqualify Jose Garay, APLC (the “Garay firm”) in this action, made for the first time on reply, is DENIED WITHOUT PREJUDICE to refiling a properly noticed motion to disqualify. Grounds for Ruling I. Requests for Judicial Notice Coyote Grill requests judicial notice of various documents filed in support of both its opening papers and its reply. (See ROA ...