Excerpt: ...sented Panopio. Counsel for Defendants and Panopio addressed this error by serving and filing of Notice of Errata showing Littler Mendelson is also attorney of record for Panopio. However, Defendants and Panopio have not shown the notice of errata was properly served on Plaintiff Nicole Maiden. The proof of service indicates only that the serving party directed Express Network to personally deliver a copy of the documents to Plaintiff. There is n...

Excerpt: ....1, as well as further responses to Form Interrogatories-Employment Law, Set One, interrogatory numbers 200.3, 200.4, 202.1, 203.1, 204.1, 204.2, 204.3, 204.6, 205.1, 207.2, 208.1, 210.2, 210.3, 210.4, 210.6, 212.3, 212.4. Defendants also seek monetary sanctions against Plaintiff and his attorneys of record. Defendant contends Plaintiff's responses are incomplete and Plaintiff's verification is deficient. A party may move to compel further respon...

Excerpt: ...App. 3d 859, 863-65;Canaan Taiwanese Christian Church v. All World Missions (2012) 211 Cal. App. 4 th 1115, 1127. Nonetheless, the Court notes Plaintiff's complaints about interference with his rights of access and acknowledges both Plaintiff's right to access and the court's and prison's roles in ensuring it. Pen. Code § 2601(e); Jameson v. Desta (2009) 179 Cal. App. 4 th 672, 678; Wantuch v Davis (1995) 32 Cal. App.4th 786. “Prison walls are...

Excerpt: ...dence. (Munro v. Regents of the University of Calif. (1989) 215 Cal. App. 3d 977, 985.) Here, Defendant met his initial burden of establishing his compliance with the requisite standard of care through the expert declaration of Philip Unger, M.D. Dr. Unger opines that the Defendant acted within the standard of care and did nothing to exacerbate Plaintiff's injury. Dr. Unger is a board certified radiologist and has served as the Chairman of St. Ju...

Excerpt: ...as January 7, 2019. Thus, to timely serve her opposition papers, Plaintiff would have had to serve them by overnight delivery on December 21, 2018. She failed to do so. Instead, her proof of service indicates she served them on Friday, December 21, 2018 by mail from Missouri, addressed to Defendants' counsel in California. Defendants clearly did not receive the opposition timely. Indeed, given the timing of the mail service (and the intervening w...

Excerpt: ...cial notice of documents filed with the Secretary of State). The Cross-Complaint contains two causes of action for involuntary dissolution, seeking the dissolution of defendants Ad Exchange Group, LLC and Push Innovation, LLC (collectively, the “LLCs”). The reasons alleged for dissolution are: “management is deadlocked and there is internal dissension in the management” and “dissolution is reasonably necessary to protect the rights of C...

Excerpt: ...or ‘scienter'); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.” Lazar v. Superior Court (1996) 12 Cal.4th 631, 638. Every element of fraud must be pleaded with specificity. The particularity requirement for fraud requires the pleading of facts showing how, when, where, to whom, and by what means the representations were made. Stansfield v. Starkey (1990) 220 Cal. App. 3d 59, 73. This is to...

Excerpt: ...the right of privacy of the person.” Code Civ. Proc. § 1987.1(a), (b). Subpoenas may be challenged on the basis that the records sought are not within the permissible scope of discovery— i.e., privileged, privacy or attorney. Cal. Prac. Guide Civ. Pro. Before Trial Ch. 8E-6 at ¶¶ 8:597-8:598. If the information sought would be considered “obvious invasions of interests fundamental to personal autonomy,” then there also must be a showin...

Excerpt: ...sponses to Plaintiff's Demands for Production 4) Motion for Order Compelling Further Responses to Plaintiff's Requests for Admission Plaintiff seeks further responses to the following discovery: form interrogatory numbers 15.1, 16.1-16.3, 16.7, 17.1, and 50.1-50.6; special interrogatory numbers 2-10, 13, and 15-19; request for production numbers 1, and 3-11; request for admission numbers 1- 35. The parties do not dispute that the discovery was se...

Excerpt: ...rein, per Sosinsky v. Grant (1992) 6 Cal App 4th 1548, 1564. The request for judicial notice of “the Laffey Matrix” is denied. After prevailing on his anti-SLAPP motion and Plaintiffs' subsequent unsuccessful appeal, Defendant seeks an award of attorney fees and costs incurred in litigating the appeal. Defendant seeks an amount between $532,602 and $789,692 jointly and severally against Plaintiffs. This represents the actual lodestar amount o...

Excerpt: ...ranted (CRC 3.1112(a).). Indeed, the court may treat the failure to provide the memorandum as an admission that the motion is not meritorious and cause for its denial. [CRC 3.1113(a).] A memorandum of points and authorities must accompany every notice of motion except those listed in CRC 3.1114. [CRC 3.1113(a).] The memorandum must be served and filed along with and physically attached to the notice of motion “to the extent practicable.” [CRC...

Excerpt: ...precluding Plaintiff The Learning House (“TLH”) from relying on “marketing spend” documents that were belatedly produced by TLH. In Reply, Defendants advise they no longer seek monetary sanctions but still seek to preclude TLH from using or otherwise relying on the late-produced documents. The Court concludes that granting this Motion would be solely for the purpose of punishment and would therefore be unnecessary and inappropriate. See, ...

Excerpt: ...oneously sued as Optum Professional Property Management Inc.) (“OPPM”). In her opposition to the Motion, Plaintiff represents that she “intends to dismiss the other two moving defendants, University Community Insurance Association and Optimum Professional Property management, Inc. and for such reason her opposition will focus solely on the motion as it pertains to PCM.” Pl.Opp. MPA at 5:17- 20. Accordingly, in reliance on Plaintiff's repr...

Excerpt: ...08) 167 Cal. App. 4 th 1468, 1483-84 (in a civil action, “a prisoner may not compel the trial court to appoint counsel on his or her behalf. [citation] Nor may a prisoner ordinarily compel his or her appearance in court.”). Trial courts have discretion to choose among a variety remedies to ensure indigent prison litigants are afforded meaningful access to the courts, including, e.g., transferring the prisoner to court, holding the trial in th...

Excerpt: ...and reasonably respond in good faith to Defendant's efforts to meet and confer. Dr. Kvitne did not provide the Court a declaration concerning the meet and confer efforts. Accordingly, the Court grants the motion by Defendants Samuel Liu and Jason Liu to Compel third-party treating physician Ronald Kvitne, M.D. to comply with the 5/21/18 deposition subpoena. Dr. Kvitne is ordered to appear for deposition pursuant to the subpoena/deposition notice ...

Excerpt: ...th parties' unopposed Requests for Judicial Notice of documents filed in the Trust Action and related Conservatorship Action. The person who challenges the validity of the election has the burden of proving any irregularity in the election. (Shamel v. Lite Products Sales (1955) 131 Cal. App. 2d 33.) Plaintiff argues in Opposition that he is alleging that Defendant Rachel Cordova lacked capacity when she utilized her voting rights on May 2, 2018 t...

Excerpt: ...ntiary Sanctions, although improperly titled. Second, the Notice of Motion seeks “compliance” and monetary sanctions. It is only in the Points and Authorities where Plaintiff seeks evidentiary sanctions prohibiting Plaintiff from introducing designated matters in evidence. [Code Civ. Proc. § 2023.030(c)]. Third, if a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just [Code Civ. Proc...

Excerpt: ...) and the parties' protective order by lodging unredacted copies of his declaration with the Court. Pending the determination of the motion or application, the lodged record will be conditionally under seal. Cal. Rules of Ct., Rule 2.551(b)(4). The Court may order that a record be filed under seal only if it expressly finds facts that establish that: • there exists an overriding interest that overcomes the right of public access to the record �...

Excerpt: ...ty) The elements of a negligence cause of action are: (a) a legal duty to use due care; (b) a breach of such legal duty; and (c) the breach as the proximate or legal cause of the resulting injury. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. Ha's cross-complaint does not allege what duty Tran owes to her. Demurrer on this ground is sustained with 15 days leave to amend. Claim is premature Tran contends that the action is premature beca...

Excerpt: ...l.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to infor...

Excerpt: ...2(e).) Mr. Cohen will remain counsel of record for Plaintiff until he files a proof of service indicating that he has served his client with a copy of the signed Order relieving him as counsel. Mr. Cohen will be relieved as counsel of record for Plaintiff effective upon the filing of the proof of service of the signed order upon the client and all parties. (See Cal. Rules of Court, rule 3.1362(e) [“The court may delay the effective date of the ...

Excerpt: ...facts that (1) Defendant's opposition papers indicate that Defendant has by now served responses; and (2) Plaintiff chose not to file a reply either contesting that assertion or asserting that the responses are inadequate. Thus, it appears to the Court that Plaintiff is satisfied that the responses are substantially compliant. The remaining issue is sanctions. The Court was not provided with a Proof of Service showing when the responses were serv...

Excerpt: ...etion of the arbitration. The Court finds there is an agreement to arbitrate between the parties that encompasses Plaintiff's claims. That agreement does not contain a clear and unambiguous delegation to the arbitrator of the gateway issue of enforceability, so the Court will determine whether the agreement is unenforceable for unconscionability. For a gateway delegation clause to be effective, the language of the clause must be clear and unmista...

Excerpt: ... meet and confer declaration under Section 2016.040." CCP § 2016.040 states that "[a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion." Here, Defense Counsel received a message from Dr. Kvitne's assistant indicating he was not available on June 8, 2018 as noticed in the deposition subpoena. But there is no indication o...

Excerpt: ... leave to amend a pleading, the moving party must comply with California Rules of Court, Rule 3.1324. California Rules of Court, Rule 3.1324 states in pertinent part: (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are...