Excerpt: ...ttorney in order to “chill” Defendant's ability to assert employment rights and Labor Code violations. CCP § 425.16(b) states: “(1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court det...

Excerpt: ..., Navagio, Adelanto Properties B, Adelanto Properties C and Cure Farms NDLS MOTION 1: Demurrer Cross-Defendant, Briggs & Alexander, APLC demurs to the fourth (Equitable Indemnity), fifth (Contribution), and sixth (declaratory relief) cause of action on the grounds that they fail to state sufficient facts and are uncertain. 1. Meet and confer Cross-Defendant's counsel filed a declaration attempting to show compliance with Code Civ. Proc. § 430.41...

Excerpt: ...claimed is superior to the creditor's lien on the property: . . . [¶] (b) Where personal property has been levied upon under a writ of attachment, a writ of execution, a prejudgment or postjudgment writ of possession, or a writ of sale.” Section 720.310, subdivision (a) provides in pertinent part that: “either the creditor or the third person may petition the court for a hearing to determine the validity of the third-party claim and the prop...

Excerpt: ...mark titles that identify the exhibit number or letter and briefly describe the exhibit.” The parties must comply with this requirement in the future. 2. Civ. Code Civ. Proc. § 664.6 Code Civ. Proc. § 664.6(a) states: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter ju...

Excerpt: ...ertinent part: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part ther...

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: ...rt: “A foreign corporation subject to the provisions of Chapter 21 (commencing with Section 2100) which transacts intrastate business without complying with Section 2105 shall not maintain any action or proceeding upon any intrastate business so transacted in any court of this state, commenced prior to compliance with Section 2105, until it has complied with the provisions thereof and has paid to the Secretary of State a penalty of two hundred ...

Excerpt: ...d to serve timely responses, Defendant filed a motion to compel which was granted on 1/21/21. Plaintiff served verified responses on 1/21/21. Defendant seeks further responses to form interrogatories 2.1, 2.2, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 2.12, 2.13, 6.7, 8.4, 8.5, 9.1, 12.1, 12.2, 12.3, 12.6, 14.1, 14.2, 17.1, 50.1, 50.2. Code of Civil Procedure section 2030.220 states: “(a) Each answer in a response to interrogatories shall be as comp...

Excerpt: ...ortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made befor...

Excerpt: ...urrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Emphasis supplied.) Defendant attempted to meet and confer via email and Plaintiff responded indicating disagreement. Defendant did not attempt to ca...

Excerpt: ... to file written objections to Defendant's points and authorities in support of the demurrer. Plaintiff's objections are overruled. Motion No. 1 – Demurrer 2nd COA – Negligent Failure to Report Child Abuse: The complaint alleges that Plaintiff, a disabled minor, suffered abuse at Harbor Learning Center, which is operated by OCDE. Plaintiff alleges Defendant Christa Paul was Vice Principal and Defendant Dave Penaflor was Plaintiff's teacher at...

Excerpt: ...tion is a modification or adjustment to the work environment that enables the employee to perform the essential functions of the job he or she holds or desires. The elements of a reasonable accommodation cause of action are (1) the employee suffered a disability, (2) the employee could perform the essential functions of the job with reasonable accommodation, and (3) the employer failed to reasonably accommodate the employee's disability. (Nealy v...

Excerpt: ...laintiffs to the following identical Requests: (1) “All tax return YOU filed with the Internal Revenue Services from 2016 to the present.” (2) “All tax return YOU filed with the California Franchise Tax Board from 2016 to the present.” Entity Plaintiffs object to these Requests on the grounds of taxpayer privilege. “There is no recognized federal or state constitutional right to maintain the privacy of tax returns. [Citations.] Californ...

Excerpt: ...Defendant Brandon Burkhart. Mackenzie Alston is/was the wife of Kenneth Alston, one of the owners of Route Four and a defendant in the consolidated case, Burkhart v. Route Four LLC, et al., Case No. 2020- 01130231. According to the papers filed in support of the motion, in September 2020, Kenneth Alston witnessed his wife receive a call from a “Brandon Burkhart” on her phone. Burkhart is a defendant in this action and the plaintiff in the con...

Excerpt: ...r pro hac vice as counsel for Defendants Toyota Motor Sales, U.S.A., Inc., Toyota Motor Manufacturing Kentucky, Inc., Toyota Motor Corporation, Toyota Motor Engineering & Manufacturing North America, Inc. and Tustin Toyota is GRANTED. II. Motions to Quash Plaintiffs move to quash eight subpoenas. The subpoenas are directed to four companies: Bunim-Murray Productions, Inc.; MTV Networks Enterprises, Inc.; Viacom International Studios, Inc. and W G...

Excerpt: ...employment was terminated due to poor work performance and Plaintiff improperly prescribing medications. MOVING PARTY'S CONTENTIONS (ROA 26): This is a wrongful termination lawsuit in which Defendant contends Plaintiff, a medical assistant, was improperly writing prescriptions to herself and a client. Plaintiff has propounded excessive written discovery to the two Defendants in the relatively simply employment lawsuit, including a total of 502 wr...

Excerpt: ...electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit.” The parties must comply with this requirement in the future. Defendant filed an Opposition that violated California Rules of Court, Rule 3.1113 (d), which provides: “Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 ...

Excerpt: ...DENIED, in part. Code of Civil Procedure section 2030.300, subdivision (a) provides: “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. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the req...

Excerpt: ...030.300, subdivision (a) provides: “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. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequa...

Excerpt: ...first page a reference to the Register of Actions number of the related document. This Rule does not apply to documents filed for trial. For proceedings in civil law and motion, as defined in California Rules of Court, rule 3.1103, the first page of the document shall reference the Register of Actions number of the related Notice of Motion on all electronically filed Motion, Opposition, Reply, and supporting papers. The Register of Actions number...

Excerpt: ...“If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the dep...

Excerpt: ...any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. [¶] (2) In making its determination, the court shall consider the pleadings...

Excerpt: ... Bonita Canyon HOA and reported the injury. On 8/28/17, Plaintiff's father emailed Defendant Progressive, Bonita Canyon's management company, reporting the injury and sending pictures of the same. On 8/29/17, Defendants directed E&C Mystic Cleaning and Janitorial Services Inc. to pick up the debris that was dislodged when the bench broke and fell. Defendants did not attempt to preserve those pieces. Defendants also photographed the area on that d...

Excerpt: ...ract cause of action states that “to the effect that the Court is inclined to sustain the demurrer on the First Cause of Action (the sustenance of which Plaintiff is willing to submit upon) Plaintiff asks it to maintain the Breach of Contract cause of action . . .” (Opp., 10:27-11:2.) Therefore, Plaintiff concedes that the breach of implied warranty of habitability cause of action is not viable. Accordingly, the demurrer to the first cause of...

Excerpt: ...press or implied contract where the total amount of such claim is a fixed or "readily ascertainable" amount not less than $500. (§ 483.010, subd. (a).) Before an attachment order is issued, the court must find all of the following: (1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the applicant has established "the probable validity" of the claim upon which the attachment is based; (3) the atta...