Excerpt: ... from the FAC. DEMURRER As an initial matter, as Defendant points out, Plaintiffs' opposition to Defendant's demurrer did not comply with CRC Rule 3.1113(f). The Court exercises its discretion and considers the opposition. The rules do not allow the use of footnotes and the entire document must be of specified font size, or larger. First cause of action for violation of California Labor Code SS 510 & 1198: Plaintiff alleged suffcient facts to sta...

Excerpt: ...n obtained thereby. [See CCP S 2025.420] The court is empowered to issue whatever order "justice requires" to protect a party or depnent against "unwarranted annoyance, embarrassment, or oppression, or undue burden and expense." [CCP S 2025.420(b); see Nativi v. Deutsche Bank Nat'l Trust Co. (2014) 223 CA4th 261, 315—5 2025.420(b) provides "nonexclusive list of permissible directions that may be included in a protective order" (emphasis in orig...

Excerpt: ...uests for production of documents, set one. Plaintiffs also request monetary sanctons in the amount of $2,3100.00 against Defendant and counsel plus an additional $1,500.00, as well as issue/evidenbary sanctions. The subject requests were served over a year and a half ago on 1/12/22. Defendant served objection-only responses on 2/11/22. The parties agreed to extensions until 3/17/22 for Defendant to serve further substantive responses. Plaintiffs...

Excerpt: ... order compelling responses and DENIED as to the request for sanctions. Responses to special interrogatories are due “within 30 days after service” of the requests or interrogatories.  (Code Civ. Proc., §2030.260, subd. (a).) If a party served with special interrogatories fails to timely respond, the propounding party may move for an order compelling responses.  (Code Civ. Proc., § 2030.290, subd. (b).) Pursuant to Code of Civil Procedu...

Excerpt: ...pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the cou...

Excerpt: ...2, is granted as to Exhibit A. Legal Standard “[T]he party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.11 That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid.Code, § 500.) There is a triable issue of material fact if, and only if, the ev...

Excerpt: ...p-It Recycling, Inc. (2001) 91 Cal. App. 4th 678, 695.) The plaintiff has the burden of proof to show “upon a verified complaint, or upon affidavits” all elements necessary to support the issuance of a preliminary injunction. (Code Civ. Proc., § 527, (a); O'Connell v. Sup. Ct. (2006) 141 Cal.App.4th 1452, 1481.) Code of Civil Procedure section 526(a) provides, “(a) An injunction may be granted in the following cases: (1) When it appears by...

Excerpt: ...gment in favor of Advantage and against Crown for all amounts due and owing under the terms of the Contract is GRANTED. Advantage moves pursuant to Code of Civil Procedure Section 664.6. Code of Civil Procedure Section 664.6 provides in pertinent part: “(a) 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, t...

Excerpt: ...arate Statement is improper and the Court declines to rule on the objections. The Court does note that Plaintiffs violated California Rules of Court, rule 3.1350 by not citing their evidence in response to Defendants' material undisputed facts. Code of Civil Procedure section 437c, subdivision (f)(1), provides, in part, “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defens...

Excerpt: ... Plaintiff's unauthorized sur-reply filed under ROA No. 175. “A party may move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code Civ. Proc. § 437c(a)(1).) “A defendant or cross-defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, ...

Excerpt: ...aintiff's Request for Judicial Notice pursuant to Evidence Code § 452(h). The court OVERRULES Defendant Roxanne Chamouille's (Defendant) objections to Declaration of Judy Hirahara, filed 11-9-22 under ROA No. 93. Defendant's objections to Declaration of David Bourguignon, filed 11-9-22 under ROA No. 90 are SUSTAINED as to objections 1-2, 7-8, sustained in part as to objections 5-6 and OVERRULED as to objections 3 and 4. Lydig Construction, Inc. ...

Excerpt: ...g summary judgment / adjudication].) Defendants' request for judicial notice is GRANTED as to plaintiff's Second Amended Complaint. (Evid. Code, § 452, subd. (d)(1) [court records]; 24 Hour Fitness, Inc. v. Superior Court (1998) 66 Cal.App.4th 1199, 1211 [on summary judgment, a party may rely on admissions of fact contained in the opposing party's pleadings as evidence].) The request is DENIED as to plaintiff's deposition testimony. 2nd cause of...

Excerpt: ... California Rules of Court, Rule 3.1320(a). Plaintiff did not oppose the demurrer on this ground. In addition, Thomas did not address uncertainty in his memorandum. Plaintiff also did not oppose the demurrer on this ground. Eighth cause of action for intentional interference with contractual relations The elements which a plaintiff must plead to state the cause of action for intentional interference with contractual relations are (1) a valid cont...

Excerpt: ...deposition for the production of business records and things. (Code Civ. Proc., § 2020.010, subd. (a).) To pursue the deposition of a nonparty, a party must generally serve a deposition subpoena. (Id., § 2020.010, subd. (b).) “A deposition subpoena that commands only the production of business records for copying shall designate the business records to be produced either by specifically describing each individual item or by reasonably particu...

Excerpt: ...h 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.” (Id. at p. 851.) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c, subd. (p)(2).) The scope of this burden is determined by the allegation...

Excerpt: ...ruled. The court is inclined to grant Defendant The Ritz Carlton Hotel Company, LLC's motion for summary judgment on Plaintiff's complaint. Under Code Civ. Proc. § 437, a party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirma...

Excerpt: ... trial by jury although there may have been a waiver of a trial by jury. (Code Civ. Proc. § 631(g).) Plaintiffs to give notice. Motion No. 2 Plaintiffs, Kimberly Jarrad and Hobie Jarrard's Motion to Compel the Deposition of Defendant General Motors, LLC's Person Most Knowledgeable (“PMK”) and Production of Documents is GRANTED, in part, and DENIED, in part, as follows. Categories GM provides that it has already agreed to produce its PMK to a...

Excerpt: ...e. Motion #2 Plaintiff/Cross-Defendant Calculated Risk Analytics, LLC [“CRA”] seeks an order compelling compliance by Defendant/Cross-Complainant Maryam Parman, Trustee of the Maryam Parman Revocable Trust Dated January 19, 2009 [“Parman”], as follows: 1. Production of the documents bates-stamped PARMAN 729-732; PARMAN 777-778; and PARMAN 804-805, without redactions; and 2. Compliance with Parman's verified response to Request for Product...

Excerpt: ...Rules of Court, rule 3.1345(a) states that a separate statement must be included for motions: “(4) To compel answers at a deposition; (5) To compel or to quash the production of documents or tangible things at a deposition.” This motion seeks further answers to deposition questions and to compel production of documents relating to Dr. Macyszyn's compensation as an expert. Accordingly, plaintiff's failure to provide a separate statement violat...

Excerpt: ...trial, 2. By any party upon the written consent of all other parties. Subsection (c) again states that a plaintiff may dismiss prior to actual commencement of trial. The commencement of trial is defined as “the beginning of the opening statement or argument of any party or his or her counsel, or if there is no opening statement, then at the time of the administering of the oath or affirmation to the first witness, or the introduction of any evi...

Excerpt: ...e to amend. The motion to strike is DENIED. Defendants shall file an Answer within 10 days. DEMURRER Meet and Confer: The parties met and conferred via telephone and could not agree on the issues. (Code Civ. Proc., § 430.41.) (Plummer Decl., ¶ 3.) First Cause of Action – Breach of Written Contract: This claim is being made by Caldarella and CCI against Neal Weisman and Interactive. “To prevail on a cause of action for breach of contract, th...

Excerpt: ... The complaint sufficiently alleges foreseeability, as it alleges that Defendant knew – unlike the John Y. defendant in John Y. –that Fishbaugh had previously engaged in sexual relations with at least one other resident at the facility (Compl. ¶ 27) and Defendant let Fishbaugh be alone with Plaintiff and to dispense medications to her (Compl. ¶ 28). It is not so “unusual or startling that it would seem unfair to include the loss resulting...

Excerpt: ...r the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; (d) and who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). As defined in the form interrogatories, “INCIDENT includes the circumstances and events surrounding the alleged accident, injur...

Excerpt: ...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 plaintiff need not oppose the motion and the motion must be denied. (Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840.) If the defendant meets this initial burden, the burden shifts to the plaintiff to produce evidence dem...

Excerpt: ... the excessive redaction of the description of the work performed and time spent. Governing Documents: Civ. Code, § 5975 (c) provides that “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.” Plaintiff specifically invoked this statute in the Complaint. Plaintiff prayed “For an award in favor of Plaintiff for all attorneys' fees and other fees incurred by Plaintiff i...