Excerpt: ...lth & Safety Code §1297.5 and the 4th cause of action for Declaratory Relief is Denied in its entirety. A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer. The ground that the complaint fails to state a cause of action must appear on the face of the complaint or from facts judicially noticeable. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4 th 995, 999 It is apparent t...

Excerpt: ...Second Cause of Action purports to state a claim against Hospital, among others, for “Ratification of Assault and Abuse.” To attribute intentional misconduct to an entity, at least for purposes of a punitive damages claim, the one who “ratified” the conduct must be an officer, director or managing agent of that entity. (Civ. Code §3294(b); Cruz v. HomeBase (2000) 83 Cal.App.4th 160, 167.) As Hospital notes in its Demurrer, Plaintiff has ...

Excerpt: ...complaint, except as to matters which may be judicially noticed")). The Court will take judicial notice of the records of this case, as relevant to the discussion below. (CCP §452(d)). According to Defendants (citing Bennett v. Suncloud), the Court cannot consider the present demurer to the 7 defenses in their Second Amended Answer because it would be an improper reconsideration after the defenses were found to be sufficient in the last round of...

Excerpt: ... in bad faith. (Williams v. Chino Valley Independent Fire District (2015) 61 Cal.4 th 97, 99-100.) But here, Defendant made a reasonable C.C.P. § 998 offer, for $151,000, plus Plaintiff's reasonable fees and costs. (Low Decl. ¶ 4 Ex. A.) Plaintiff did not accept. Trial then resulted in a defense verdict. In light of the recent decision in Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (Cal. Ct. App., Jan. 2, 2018, No. E061677) 2018 WL 259...

Excerpt: ...in Garibay v. Hemmat (2008) 161 Cal.App.4th 735, 741-742 [on MSJ, where medical expert declaration is offered based upon a review of records, such evidence must be before the Court], as some of the evidence which Dr. Klein considered in forming his opinions is not before the Court. Nor is it clear that the records upon which Dr. Klein relied were all submitted, as the Klein Decl. draws no such distinction, and instead refers generally to “the m...

Excerpt: ...ima facie showing that Defendants' recordings captured communications and that these communications were confidential such that Plaintiffs had a reasonable expectation of privacy in them. Triable issues of material fact remain as to those issues, as discussed below. PC 632 (a) makes it illegal to record a confidential communication intentionally and without consent of the parties thereto. Subdivision (a) provides as follows: “A person who, inte...

Excerpt: ...as Exhibit 3 to the Declaration Gabriella A. Pedone. The Plaintiff shall file the Proposed Order within 10 days. The Court finds that Ford has established that materials at issue in this case are entitled to trade secret privacy protections. The defendant has presented evidence which supports a finding that the subject documents Plaintiff wants Ford to produce include confidential, external communications between Ford employees and joint venture ...

Excerpt: ... Driver's Handbook [called “DMV Manual in the Motion] and exclusion of testimony that defendant Nguyen “refused” to take a blood alcohol test – were in error and prevented a fair trial. No authority has been cited that either of these evidentiary rulings are wrong as a matter of law and the Court has located no such authority. As such, the Court's rulings were within its discretion under Evidence Code §352. The Court does not find these ...

Excerpt: ...otal payment” as follows:  Initial $12,000 payment by 06/25/15;  $1,000/month for 15 months;  Final balloon of $33,000. See Rptr Tx 1:26-2:7. Curiously, plaintiff's counsel who put the terms of the settlement on the record indicated that “we'll call for the entry of judgment if payment is not timely made. The amount would be $50,000 less credit for payment made by that point.” See Rptr. Tx 2:10-13. According to the Griesman Decl Pa...

Excerpt: ...s a matter of right, attorney's fees when authorized by contract. Here, plaintiff prevailed in its action for breach of the lease agreement by virtue of the default judgment recently entered in its favor. Plaintiff has established roughly $55,000 in compensable harm, making it the “prevailing party” per CCP §1032(a)(4). The lease agreement provides (at Para 17) as follows: “If after default this agreement is placed with an attorney for col...

Excerpt: ...uessous v. Chrome Hearts, LLC (2009) 179 Cal.App.4th 1177, 1187; City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293; McDowell v. Watson (1997) 59 Cal.App.4th 1155, 1159-60.) Plaintiffs assert that the claim is meant to seek such relief based on a breach of contract. The demurrer is thus Sustained with leave to amend. The Fourth Cause of Action purports to state a claim for Discrimination in Violation of FEHA, ...