Excerpt: ....App.3d 516, 528-530 [disapproved on other grounds in Williams v. Sup.Ct. (Marshalls of CA, LLC) (2017) 3 Cal.5th 531, 557 & fn. 8].) Defendant, however, fails to demonstrate that all of the documents sought e.g., communication regarding Plaintiff's employment application, promotions or demotions, employment contract, performance evaluations, status of employment and/or absence or tardiness records, are directly relevant to a cause of action or d...

Excerpt: ...le and serve their proposed Cross- Complaint no later than May 30 2019. It appears the proposed Cross-Complaint is related to the City's complaint in this action. Even if the cross-complaint were not compulsory, however, the Court would grant leave pursuant to the liberal policy regarding the filing of cross-complaints. See Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2010) § 6:557. Ordinarily, the court will not consider the ...

Excerpt: ...t paid in settlement; (3) the allocation of settle m (4) the recognition that a settlor should pay less in set t found liable after a trial; (5) the financial conditions an settling Defendants; (6) the existence of collusion, fra u injure the interests of nonsettling Defendants. (Tech-B i most important factor is the settling party's proportion a Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1350 . the settlor's potential liability to the Plaint...

Excerpt: ...sition? The court ordered plaintiffs to serve their opposition and file proof of service no later than 5/7/19. (See 4/29/19 minute order and notice of ruling.) They failed to file proof of service as ordered. But they must have served their opposition because defendants reply to it. The court will proceed to the merits. Standing. Neither the SAC nor anything the court can properly notice shows on its face that plaintiff Susan Hersey lacks standin...

Excerpt: ...y duty, constructive fraud, conversion, and breach of contract, Defendant chose to demur to these claims. Plaintiff pointed out in opposition that Defendant was not a party to these claims, based on Complaint. The Court overrules the Demurrer to these causes of action because these claims are not brought against this Defendant. A. Dissolution Defendant argues that insufficient facts are alleged to state a claim. The Court disagrees. Any sharehold...

Excerpt: ...ruled as to the fifth cause of action. As a result of the Court's ruling on the demurrer, Defendants' motion to strike is moot. Fourth Cause of Action for Negligent Infliction of Emotional Distress Courts analyze this claim under a direct victim theory vs. a bystander. In their opposition, Plaintiffs claim to be asserting to be both direct victims and bystanders – at least at to Paredes and Cannon – to Melody's injury. In direct victim cases,...

Excerpt: ...pany, Inc. v. Mach-1 Autogroup (G048082, Apr. 3, 2015,) [nonpub. opn.].) “An unqualified reversal remands the cause for a new trial [citation], and places the parties in the trial court in the same position as if the cause had never been tried, with the exception that the opinion of the court on appeal must be followed so far as applicable.” (Central Sav. Bank of Oakland v. Lake (1927) 201 Cal. 438, 443.) Cross-defendants' concerns about whet...

Excerpt: ...le and serve their proposed Cross- Complaint no later than May 30 2019. It appears the proposed Cross-Complaint is related to the City's complaint in this action. Even if the cross-complaint were not compulsory, however, the Court would grant leave pursuant to the liberal policy regarding the filing of cross-complaints. See Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2010) § 6:557. Ordinarily, the court will not consider the ...

Excerpt: ...le and serve their proposed Cross- Complaint no later than May 30 2019. It appears the proposed Cross-Complaint is related to the City's complaint in this action. Even if the cross-complaint were not compulsory, however, the Court would grant leave pursuant to the liberal policy regarding the filing of cross-complaints. See Weil & Brown, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2010) § 6:557. Ordinarily, the court will not consider the ...

Excerpt: ...n of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of CCP § 526(a)(3) is to preserve the status quo pending litigation. (See, Stockton v. Newman (1957) 148 Cal.App.2d 558, 563.) First, for an injunction to issue, the moving party must establish a likelihood of prevailing on the merits. (See San Francisco Newspaper Printing Co., Inc. v. Superior Court...

Excerpt: ... typographical error or makes a minor, unsubstantial change. See Viriyapanthu v. State of CA (C.D. Cal., Oct. 26, 2018) 2018 WL 6136148, at *1 (striking portion of Notice of Errata because “proposed changes do not correct merely typographical errors”); Vigers v. Emergency Services Restoration, Inc. (C.D. Cal., June 21, 2018) 2018 WL 6930885, at *3 (“As the Ninth Circuit has held, carelessness does not form the basis of relief. Moreover, des...

Excerpt: ...inute order.) That limited information seemed sufficient to allow plaintiffs to determine whether the tire met the industry standard. The court allowed defendant to respond to the reply declaration of plaintiff's expert, who had opined the industry standard is 100% halobutyl. In the new declaration, defendant's expert opines the industry standard is not 100% halobutyl. The specific percentage of halobutyl has thus become relevant, necessary, and ...

Excerpt: ... but not limited to any sewer studies, environmental impact reports, drainage studies, site plans, bridge/culvert designs, grading/utility plans, wetland impacts, tentative maps, and landscaping plans.” Plaintiff argues that the documents requested by Request No. 7 are relevant because the issue of entitlements and permits is part of one of the contracts, Auburn Modification Memorandum, at issue in this lawsuit. Specifically, Plaintiff contends...

Excerpt: ...ement may be enforced here over the former client's objection, only if a copy was timely provided to the client and the agreement applies to the representation here at issue. Plaintiff contends that he was not timely provided with a copy of the agreement. (See Glickman Decl. filed with Opp.) Defendants respond that a copy was provided on the day the agreement was signed. (Krolikowski Decl.¶¶ 4-6.) But even if Defendants' claim is credited, the ...

Excerpt: ... for 12/14/18. Defendants Pacific Los Alisos, LLC; Elaine Voechting; and Ben Lopez contend that Lakin and Shaver are current employees of defendant Pacific Los Alisos, LLC and therefore represented by counsel for Pacific Los Alisos, LLC. Lakin is a service technician and Shaver is the assistant community director of the subject property. Defendants further contend that upon notification from Lakin and Shaver as to the receipt of the deposition su...

Excerpt: ...laintiff did not file a meet and confer declaration with his motion nor does his motion otherwise reflect any attempt to resolve the issues presented by the motion informally before Plaintiff filed it. A motion to compel further responses to interrogatories must also be accompanied by a separate statement in support of the motion. Cal. R. Ct. 3.1345. Plaintiff did not file a separate statement in support of his motion. As a result, the court cann...

Excerpt: ...sponse to these requests Defendant responded by stating that: “After a reasonable and diligent search, Defendant is unable to comply with the request as it is informed and believes that it no longer has documents responsive to this request because they were no longer in existence at the time the original discovery request was made.” Pursuant to California Code of Civil Procedure § 2031.230, a representation of inability to comply shall “sp...

Excerpt: ... waiver by the commissioner as to matters that are not covered claims, be stayed for 60 days from the date that an order of liquidation or an order of receivership with a finding of insolvency has been entered by a superior court in this state or by a court in the state of domicile of the insurer, and an additional time thereafter as may be determined necessary by the court to permit proper defense or conduct of all pending causes of action by th...

Excerpt: ...rning their home contact information. See County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905, 927 (“home contact information is generally considered private” and employees “have a legally protected privacy interest in their home addresses and telephone numbers”). On the other hand, Plaintiff insists he does not intend to initiate improper communication with these employee witnesses (see Cal. R. Ct. R...

Excerpt: ... is granted. Due to Plaintiff's failure to serve a response to the interrogatory, Plaintiff has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” Cal. Civ. Proc. Code § 2030.290(a). Plaintiff shall provide a response, without objections, to Defendant's Supplemental Special Inter...

Excerpt: ...t. It is not clear exactly what is being sought as the notice of motion is to compel responses. However, in combing through all of the documents, it appears that what Plaintiff is actually seeking is an order compelling further responses and Defendant's production of certain documents. CRC, Rule 3.1110(a) states that a “notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the ...

Excerpt: ...s a modification of the court's 1/17/19 order. “[A] motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civil Procedure section 1008. (Weil et al., Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2011) ¶ 9:324.1, p. 9(I)–124 (rev. # 1, 2011).)” Powell v. County of Orange (2011) 197 Cal. App. 4 th 1573, 1577. When proper grounds are presented, a court ...

Excerpt: ...other policies limiting discoverability. [See, for example, Code Civ. Proc., § 2017.010 (privilege), Code Civ. Proc., § 1985.3 (consumer's right to privacy)]. In addition, deposition subpoenas may be attacked as unjustly burdensome and oppressive. [Code Civ. Proc., § 1987.1]. Plaintiff argues in Opposition that it just wants bank records relating to deposits and disbursements of funds in Sub-Account 900118 only. Thus, Plaintiff agrees to withd...

Excerpt: ... Murphy & King, P.C. (“M&K”) are DENIED in part. The first subpoena was issued on 11/12/18 and sought a deposition on 12/11/18 on three topics: A. Design and specification information for each variation of an implant bridge made and sold by Nobel or Nobel Biocare Procera LLC from inception to December 1998 and between May 2002 and January 2013 B. Design, manufacture, and sale of the implant bridges or their predecessors pursuant to six patent...

Excerpt: ...“if it determines that an agreement to arbitrate the controversy exists, unless it determines that” certain circumstances are present, such as waiver of the right to arbitrate, or the presence of third parties in the lawsuit. The petition is to allege “the existence of a written agreement to arbitrate the controversy,” and also that the other party “refuses to arbitrate such controversy.” In addition, pursuant to California Rule of Co...