Excerpt: ... trial, and set a new trial date of 12/02/19. While the Court kept the present motion on calendar, it ordered the parties to meet and confer regarding the outstanding discovery issues. It is unclear as yet whether such efforts have been undertaken by the parties, but as a practical matter, such efforts would go a long way to resolving the issues presented by this motion. The Court addresses the substance of the motion nonetheless. The motion conc...

Excerpt: ... for the submission of falsified evidence by their attorney, Omar J. Yassin; (2) Disqualify Yassin as Defendants' counsel; and (3) Compel on-site inspection is DENIED. Defendants Pacific Los Alisos, LLC; Elaine Voechting; and Ben Lopez's Evidentiary Objection to “Statement of Manjula Sridhar” is SUSTAINED. Discovery sanctions against Defendants: Plaintiffs seek to impose discovery sanctions against Defendants for: (1) producing an allegedly f...

Excerpt: ...om translating a document presented to the court. Mr. Denis is qualified to translate. He has also stated under oath that his translations are true and accurate. (Supp. Denis Decl., ¶¶ 4-5; see also Certificates of Translation.) Mr. Denis's potential bias does not bar the evidence but rather goes to the weight of it. “The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a wel...

Excerpt: ...ct or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.” Moving Cross-Defendants contend that any representation of the Cross-Complainan...

Excerpt: ...rranty of Habitability and Fifth Cause of Action for Constructive Eviction is OVERRULED. The demurrer to the Fourth Cause of Action for Nuisance is SUSTAINED with 20 days leave to amend. Breach of Implied Warranty of Habitability: The elements of the cause of action for breach of the implied warranty of habitability are: (i) a material defective condition affecting habitability of the premises; (ii) notice to the landlord within a reasonable time...

Excerpt: ...tained in the complaint. Blank v. Kirwan (1985) 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.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a de...

Excerpt: ...factual allegations in the pleading or the pleader's ability to prove those allegations. Cundiff v. GTE Cal., Inc.(2002) 101 Cal.App.4 th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4 th 1544, 1556. Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferr...

Excerpt: ...ainer judgment was never ruled upon by the Court of Appeal, or any other court. In general, void judgments, as opposed to merely erroneous ones, are subject to collateral attack at any time, and do not have res judicata effect. Moffat v. Moffat, 27 Cal.3d 645, 654 (1980). However, if the validity of the judgment claimed to be void has been litigated and determined, that determination is res judicata as to any subsequent proceeding attacking it. G...

Excerpt: ... barred by the doctrine of primary assumption of risk. 3. Plaintiff's First Cause of Action is meritless as Plaintiff cannot establish all of the essential elements of this cause of action, specifically the element of the existence of a dangerous condition of public property. 4. Plaintiff's First Cause of Action is meritless as Plaintiff cannot establish all of the essential elements of this cause of action, specifically the element of the Distri...

Excerpt: ...y on 4/6/18 when she was involved in an accident. Defendant John Roe was the first officer on the scene following the accident. While Roe was investigating the accident, he sexually assaulted the Plaintiff, groping her breasts and buttocks. It is alleged that Defendant CHP negligently hired, trained, and supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer...

Excerpt: ...ian has prescribed a stair-lift device, which MP is informed and believes costs about $15,000.00. (Id.) MP does not have the means to purchase the chair lift without assistance. (Id.) MP also has numerous health issues which are significant based on her age. These include hearing loss, memory impairment, numbness in extremity, back pain, joint swelling, knee problems, leg pain, lower back pain, hypertension, arthritis, anemia, and shortness of br...

Excerpt: ...ract, (2) fraud, and (3) accounting. On October 3, 2018, the court granted defendant's motion to compel arbitration and ordered the parties to meet and confer in an effort to agree on an arbitrator. On November 13, 2018, the court appointed the Hon. Mary Fingal Schulte (Ret.) as the arbitrator over the subject controversy, pursuant to the parties' stipulation. An ADR review hearing is currently scheduled at the same time as the hearing on this ma...

Excerpt: ...ith Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July 2005 he and Grantham withdrew from their represen...

Excerpt: ...be established or there is a complete defense. (Code Civ. Proc., § 437c(a), (p)(2).) Only after a defendant meets that burden, does the burden shift to the plaintiff to produce admissible evidence showing the existence of a triable issue as to a cause of action or complete defense. (Code Civ. Proc., § 437c(p)(2); Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 940.) In the context of medical malpractice, “[w]hen a defendant moves for summary ju...

Excerpt: ...learly allege facts regarding Defendants' conduct that would support a claim for punitive damages. For example, Plaintiff alleges Defendants, knowing risks existed to Plaintiff, “denied or withheld services to LEONARDI” which would have protected him. See FAC ¶32. However, the FAC does not alleges what services were denied or withheld that would have protected him from the harm he allegedly suffered. Similarly, while Plaintiff alleges Defend...

Excerpt: ...dren and families are known to cross and/or play.” These allegations adequately plead despicable conduct. (See Lackner v. North (2006) 135 Cal.App.4th 1188, 1210-1213.) Defendant shall give notice. ...

Excerpt: ... penalized for invoking their Fifth Amendment right against self-incrimination. (See Pacers, Inc. v. Super. Ct. (1984) 162 Cal.App.3d 686, 689.) A stay, however, is not mandated or even presumptively required. (See, e.g., Avant! Corp. v. Super. Ct. (2007) 79 Cal.App.4th 876, 884.) Here, Defendant Carlson wholly failed to meet her burden to show any parallel criminal proceeding. To the extent Defendant's motion is based on the possibility of a cri...

Excerpt: ...et and confer declaration, but no comparable requirement exists for a motion to quash. (C.C.P. § 1985.3(g).) On the merits, as the subpoena seeks financial records and information, privacy rights are at issue. (See Fortunato v. Sup.Ct. (Ingrassia) (2003) 114 Cal.App.4th 475, 480-481 [“there is a right to privacy in confidential customer information whatever form it takes, whether that form be tax returns, checks, statements, or other account i...

Excerpt: ...of Defendant's Motion for Summary Judgment contain confidential information, much of which is protected by Government Code § 6254, which is an overriding interest that will be prejudiced if the requested relief is not granted, and which overcomes the right of public access to the records and supports sealing the records. (CRC 2.550(d)(1)-(3).) The court further finds that the sealing of these records is narrowly tailored and that no less restric...

Excerpt: ...papers with the Court on August 6th but there is no proof of service of those documents. The Court is therefore continuing the hearing of the Motion with the following directions to counsel. Failure to adhere to these directions may result in the Court's denial of this Motion without prejudice. The hearing is CONTINUED to September 30, 2019 at 2:00 pm in this department. By Friday August 30, attorney Greer shall send (or re-send) to Mr. Darling c...

Excerpt: ... 1 to 12: Overruled. Pretext: “Once an employer has offered a legitimate, nondiscriminatory reason for the adverse employment action, a ‘plaintiff must offer evidence that the employer's stated reason is either false or pretextual, or evidence that the employer acted with discriminatory animus, or evidence of each which would permit a reasonable trier of fact to conclude the employer intentionally discriminated.'” Moore v. Regents of Univer...

Excerpt: ...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.” (Johnson v. Superior Court (2006) 143 Cal.App.4th 297, 305.) Defendant has met his initial burden on the cause of action for professional negligence through the declaration of Amandeep Bhalla, M.D., which establishes that Defendant's care and treatment of Plaintiff was within the requisite st...

Excerpt: ...ermissively used, entrusted, or maintained the Yukon. (UMF 13.) Further, Plaintiff acknowledges that direct liability is not an issue in this case. An offshoot of the doctrine of respondeat superior is the so-called “going and coming rule.” Under this rule, the employment relationship is suspended from the time employees leave their jobs until they return, on the theory that during normal commutes, employees are not rendering services directl...

Excerpt: ... and burden of proof by a preponderance of the evidence to negate the plaintiff's claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51.) If a defendant does not meet this initial burden, the plaint...

Excerpt: ... 570 hours, a reasonable rate for which would be $500 per hour. That makes a subtotal of $285,000. To this, the court add a 33% multiplier of $94,050. Plaintiff's counsel persevered through the death of his client, a defense verdict on the first trial, an appeal, and the loss of witnesses and evidence over many years. The total award is thus $379,050, which reflects an objectively reasonable award for the work in this case. (See PLCM Group v. Dre...