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: ... 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: ...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: ...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: ...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: ... 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: ... 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: ... 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...

Excerpt: ... 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.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have n...

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: ...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: ...ion, fraud, or malice.” In order to survive a motion to strike punitive damages, the Plaintiff must plead ultimate facts to show it is entitled to such relief. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 166.) Conclusory characterization of defendant's conduct as intentional, willful, and fraudulent is a patently insufficient statement of “oppression, fraud, or malice” within the meaning of Section 3294. (Brousseau v. Jarrett (197...

Excerpt: ...urrer 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.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not c...

Excerpt: ...Defendant Brenda Hendricks asserted the following objections to this interrogatory, as it relates to Requests for Admission Nos. 1-8: The requests are vague and ambiguous and call for legal and expert conclusions. The requests also invade the province of the jury. However, subject to and without waiving the foregoing objections. Responding Party responds as follows: Deny. Requests for Admission Nos. 1-8 ask Plaintiff to admit she has never and is...

Excerpt: ..., it shall be answered to the extent possible. (c) If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” For No. 14, Defendant objected, because the service on th...

Excerpt: ...no merit because each is premised on a legally unenforceable promise of marriage; (2) Plaintiff's first, second, third, fourth, and sixth causes of action have no merit because there is insufficient evidence of a Marvin Agreement as a matter of law; and (3) Plaintiff's fifth cause of action has no merit because there is no legal basis for the Plaintiff to take back funds that were gratuitously given. For the following reasons, the court is inclin...

Excerpt: ... 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.4th 1395, 1404-05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only the sufficiency of the complaint, a court will not consider facts that have n...

Excerpt: ...n 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.” (Code Civ. Proc., § 425.16(b)(1).) Resolution of an anti-SLAPP motion involves two steps. First,...

Excerpt: ...31.240 (c) (1) required that “If an objection is based on a claim of privilege or a claim that the information sought is protected work product, the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log.” Nos. 13, 14, 22 & 23: Plaintiff limited the requests only to documents sufficient to determine funding, not all documents. Plaintiff alleged tha...

Excerpt: ... supplemental responses to RFP Nos. 29, 30, 59, 78, and 94 on March 4, 2021, rendering this portion of Plaintiff's motion moot. (Gonzales Decl., ¶ 13, Ex. N.) Plaintiff does not dispute Defendant's statement. The motion to compel further responses is denied as to RFP Nos. 29, 30, 59, 78, and 94. RFP Nos. 37 and 66 seek evidence of discrimination experienced by employees other than Plaintiff, otherwise known as “me too” evidence. (Schmidt v. ...

Excerpt: ... reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (CCP § 2016.040.) The meet and confer requirement is designed “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order….This, in turn, will lessen the burden on the court and reduce the unnecessary expenditure of resources by litigants through promotion of informal, extrajudicial resolu...

Excerpt: ... RFP 1-2 - Deny RFP 1 states: “Produce all written records of each payment you made for legal services at any time since June 24, 2011.” RFP 2 states: “Produce all electronic records of each payment you made for legal services at any time since June 24, 2011.” CBL objected to these requests based on attorney-client and work-product privileges, as well as relevance. Attorney-Client and Work Product Privileges CBL contends the requested pay...

Excerpt: ...son Form Interrogatory Decl., ¶ 9, Ex. A.) However, Defendant's responses to Form Interrogatories (Set One) include general objections. (See Dickson Decl., ¶ 9, Ex. A.) Due to Defendant's failure to serve timely responses to the interrogatories, Defendant 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 protect...

Excerpt: ...o protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the deposition not be taken at all. . . .” Plaintiffs have noticed the deposition of Defendant's attorney. “Depositions of opposing counsel are presumptively improper, severely res...

Excerpt: ...y. The Court makes no order concerning production of documents at deposition. This issue is not properly before the Court at this time. The Court notes that Opposition to this Motion was filed by defendant/cross- complainant on March 5, 2021. Service by email was not done until March 8, 2021. The Court again reminds both parties of their statutory obligation to properly serve their papers on all party. CCP §§1005, 1010, et seq. Future failure t...

Excerpt: ...onderance 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 plaintiff need not oppose the motion...

Excerpt: ...he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” Here, Plaintiff seeks attorney's fees incurred in this action for breach of contract. (For example, see Complaint filed on 2/27/19 under ROA No. 2 which alleges Breach of Contract as the first cause of action.) Defendants (Tucker Family Restaurants, LLC and Michael Tucker) did not file an Opposition. Therefore, D...

Excerpt: ...hat Mutual Arbitration Agreement provides, in part: If you and Irvine Management Company, Irvine Holding Company, the Irvine Company, or any of affiliate or successor of the foregoing persons, or any past or present officer, director, employee, agent, benefit plan or, benefit plan sponsor, fiduciary, or administrator of any such person (collectively, the “Company”), have a legal dispute regarding any claim or matter arising out of or relating...

Excerpt: ...has had an opportunity to amend the complaint in response to the demurrer. Oakland Bulk and Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, 751. Regardless of the order of the court's rulings, the court provides this tentative ruling as to the SLAPP motion. Defendant Toni Nelson moves pursuant to Code of Civil Procedure Section 425.16 to strike portions of the First Amended Complaint of Plaintiff Brandon Day. For the followi...

Excerpt: ...nk 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.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the suffici...

Excerpt: ...nterference with expected inheritance, and 4) invasion of privacy. The first cause of action for conversion alleges that Defendants took without consent various guns to which Plaintiff had a right of possession. (Complaint, ¶¶ 9-12.) Similarly, the fourth cause of action for invasion of privacy alleges Defendants invaded Plaintiff's privacy beginning in 2015 by entering Defendant's residence and searching certain areas, included locked or close...

Excerpt: ...ring on the face of the pleading or from other matters properly subject to judicial notice. (See 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.4th 1395, 1404-1405.) The general and special demurrers to the Third Cause of ...

Excerpt: ...arbitration. On August 24, 2020, the Court of Appeal issued an Opinion in which it remanded the case for a determination in the first instance whether the arbitration provision in the 2015 Provider Manual is unconscionable. For the following reasons, the court is inclined to find the Arbitration Provision in the 2015 Provider Manual unconscionable and, thus, deny Optum's motion to compel arbitration. Generally applicable contract defenses, such a...

Excerpt: ...001) 25 Cal.4th 826, 850.) 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(p)(2).) The scope of this burden is determined by the allegations of the plaintiff's complaint. (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381–82 (pleadings s...

Excerpt: ... alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” “The date of injury in a wrongful death cause of action is the date of death. Kleefeld v. Superior Court (1994) 25 Cal.App.4th 1680, 1684. Decedent, Kristy Murdock died on 1/26/18...