Excerpt: ... from Defendants' tow vehicle, the vehicle was being operated by TIMOTHY P. ABELE, who at the time was acting in the course and scope of his employment with O.C. TOWING." Granted in part and denied in part as to Item 8, which seeks to strike Pages 8 and 9, paragraph 17 In its entirety. Granted as to the first sentence of Paragraph 17: “Once Supervisor Auley learned on December 16, 2016 that the SUBJECT VEHICLE hit the metal tow dolly and there ...

Excerpt: ... it addresses and rules on it as such. Although Defendant refers to lack of subject matter jurisdiction in the title of the motion, it does not make any argument to support this. Nor has Defendant properly brought, or supported, a demurrer. Code Civ. Proc. § 418.10(a) provides that: “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice...

Excerpt: ... 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 deposition notice.” Code Civ. Proc. § 2025.450(a). Pursuant...

Excerpt: ...tions or tactics in judicial arbitration proceedings (CCP § 128.5(a)). As a practical matter, any conduct in the course of litigation (other than in connection with “disclosures and discovery requests, responses, objections and motions”) may be sanctionable if the court finds it to be “frivolous” or “solely intended to cause unnecessary delay.” [See CCP § 128.5(a); Ellis v. Roshei Corp. (1983) 143 CA3d 642, 649.] Here, Defendant has...

Excerpt: ...ss-complainant Aerojet Rocketdyne, Inc's unopposed Motion for Protective Order is granted. A person to whom a demand for inspection has been directed “may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration.” Code Civ. Proc. § 2031.060(a). “The court, for good cause shown, may make any order that justice requires to protect any party or other person from unwarranted annoyance, embarrassme...

Excerpt: ... filed redacted versions of these documents and also unredacted versions conditionally under seal, with a notice of lodging. Pursuant to CRC, Rule 2.550(a)(3), the sealed records rules “do not apply to discovery motions and records filed or lodged in connection with discovery motions or proceedings.” See Mercury Interactive Corp. v. Klein (2007) 158 Cal.App.4th 60, 101. The opposition to the motion to quash refers to information obtained duri...

Excerpt: ...on provision is solely a judicial function unless it turns upon the credibility of extrinsic evidence. Gravillis v. Coldwell Banker Residential Brokerage Company (2006) 143 Cal. App. 4 th 761, 771. The basic goal of contract interpretation is to give effect to the parties' mutual intent at the time of contracting. Mitri v. Arnel Management Co. (2007) 157 Cal. App. 4 that 1170 (citation omitted). The words of a contract are to be understood in the...

Excerpt: ...in 20 days. Defendant must also pay Plaintiff the sum of $75 (the cost Plaintiff incurred to file this Motion) within 20 days. Defendant argues that Plaintiff failed to meet and confer adequately on any of these three motions. The Court disagrees. The parties exchanged several emails/letters setting forth their positions. At that point, based on the perspective of a reasonable person in the position of the discovering party, additional effort was...

Excerpt: ...endant Plan B Squared LLC or taxing Item 1 and Item 4 The Court GRANTS the Motion as to all costs sought except the initial appearance fee of $435. Except as otherwise expressly provided by statute, a prevailing party is entitled, as a matter of right, to recover costs in any action or proceeding. Code Civ. Proc. § 1032(b). A “prevailing party” includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered...

Excerpt: ...attery (an intentional tort). “Our high court has made it clear that battery and lack of informed consent are separate causes of action. A claim based on lack of informed consent—which sounds in negligence— arises when the doctor performs a procedure without first adequately disclosing the risks and alternatives. In contrast, a battery is an intentional tort that occurs when a doctor performs a procedure without obtaining any consent.” (S...

Excerpt: ... Defendants Dale Cheema and Robert Woodings, since the instant demurrer and motion to strike by Defendant Katz “assert the same arguments as to the same allegations.” See Statement of Defendant Barry Katz, filed 6/5/2018. Accordingly, the Court rules as follows on Motions #1 and #2: Demurrer to Complaint Defendant demurs to all claims on the ground that “[n]o board members have taken any individual actions that could be considered improper,...

Excerpt: ... the proceeding or if for any reason a person aware of the facts might reasonably entertain a doubt that the judge would be able to be impartial. Code Civ. Proc. §§ 170.1(a)(3)(A), (a)(6)(A)(iii) and 170.3(a). To obtain such disqualification, a party may file a written verified statement objecting to the hearing before such judge and setting forth the facts constituting the ground for disqualification. Code Civ. Proc. § 170.3(c)(1). The challe...

Excerpt: ...rzeler, their attorney of record served and filed substitutions of attorney. Moreover, FemtoMetrix improperly submitted new evidence with its reply, which means Plaintiff has not had an opportunity to respond to it. For all these reasons, the hearing on the motion must be continued. FemtoMetrix shall serve a copy of the moving papers and reply papers on all parties and submit a proof of service to the Court showing such service no later than 6/28...

Excerpt: ...ctive Services, Inc. (collectively, “Defendants”) attended a Mandatory Settlement Conference with Honorable Mitchell Samuelson on March 23, 2018 and reached a settlement. The settlement was placed on the record, as evidenced by the Reporter's Transcript attached as Exhibit 1 Moving Papers. The terms of the settlement are as follows:  Defendants/Cross Complaints: Action Contracting Services, Inc.; Dawnette Hanson; Joshua Hanson; and Robert ...

Excerpt: ...urt's ruling. Although the Court recognizes that the Motion is untimely as to some of the defendants, the Court affirmatively exercises its discretion to consider the Motion as to all defendants, given the fact that the individual defendants are similarly situated and distinguishing between the “timely” and “untimely” defendants would serve no purpose. Section 425.16 of the Code of Civil Procedure permits a special motion to strike Strate...

Excerpt: ...swers. Timeliness of Demurrer Plaintiff can demur to defendants' answer(s), but has only 10 days following service of the answer within which to do so, unless extended by stipulation or court order. (CCP § 430.40(b).) Here, even though the Answers were filed on 3/26/18 and 3/28/18, the Proofs of Service for each of them states that both were served on 3/23/18 by mail. If this is true, and is it presumed accurate, then any demurrer to the answer ...

Excerpt: ...sion to advance Crowell's parole suitability hearing, was at the time of the decision a Deputy Commissioner. See Declaration of Jennifer Shaffer. Petitioners do not dispute this evidence or contest that Lam had authority to do whatever a Deputy Commissioner properly could do. But that does not end the inquiry. The question then becomes whether Petitioners have shown they have a likelihood of prevailing on the merits of their claims on the ground ...

Excerpt: ...suit may be filed on the claim anytime within two years of accrual of the cause of action. Gov. Code § 945.6(a)(2). If notice is given by mail, the notice must be “deposited in the United States post office or a mailbox ... or other similar facility ..., in a sealed envelope, properly addressed, with postage paid. The ... notice shall be deemed to have been presented and received at the time of the deposit.... Proof of mailing may be made in t...

Excerpt: ...n, the determination of a “ballpark” amount includes consideration of the possibility that the plaintiff will not prevail – that is, consideration of what a reasonable person could believe the plaintiff would recover at trial. Cahill v. San Diego Gas & Elec. Co. (2011) 194 Cal. App. 4 th 939, 964-65. In Cahill v. San Diego Gas & Elec. Co.(2011) 194 Cal. App. 4 th 939, 967-68, the court disregarded the plaintiff's likely recovery of $5 milli...

Excerpt: ...nts Bay Beach Investments, LLC and Welsh-Jaen Living Trust Dated September 18, 2009, who were never served. When the only basis of jurisdiction over a party in a particular case is the party's appearance, a purported appearance by an unauthorized attorney cannot confer such jurisdiction. Neihaus v. Superior Court (1977) 69 Cal.App.3d 340. Thus, the Court strikes the 12/7/17 Answer and orders Defendants JD Property Management, Inc., Gregory P. Wel...

Excerpt: ... finding. See Reply Brief at 7 (“There is no evidence on this record showing that defendant lacked the requisite honesty of belief in the dispute between it and plaintiff.”). Patriot contends that uncontroverted evidence shows that its employee, Richard Wolfinger, subjectively held an honest belief, in good faith, that C.L. Concrete owed Patriot a credit. Defendant's Notice of Intent identifies the grounds for the intended motion as follows: ...

Excerpt: ...quest for Judicial Notice. (The Court notes, however, that it is unnecessary to take judicial notice of the TAC, the Answer to the TAC, and the Notice of Ruling in this action.) Evidentiary Objections The Court rules as follows on Defendants' objections to Plaintiff's Exhibits: Exhibits 5, 6, 11, 15: Sustained Exhibit 23: Overruled in part and sustained in part. Overruled insofar as there is foundation for Burke's assertion that the letter and th...

Excerpt: ...f notice of this Order. Finally, Defendant is ordered to pay Plaintiff a monetary sanction in the sum of $760 within 30 days of notice of this Order. A party may move for an order compelling responses to a demand for inspection at any time “[i]f a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response.” Code Civ. Proc. § 2031.300(b). By failing to serve timely responses, Plaintiff wa...

Excerpt: ...oncludes this is not a petition “commencing” a proceeding, and thus, Defendant's opposition to the Petition is timely. The Court notes, however, that even if Plaintiff's position were correct – which would mean Defendant's response was not timely filed – that would not mean that Plaintiff's Petition must be or would be granted. Where a response to a petition commencing a proceeding is untimely, the Court deems admitted only the factual al...

Excerpt: ...s, Inc. (“BSI”) to strike Defendants' memorandum of costs is granted. Plaintiff's objections to the Nguyen Declaration are sustained as to no. 1, otherwise overruled. Motion #1 – Defendants' Motion for Attorneys' Fees under Civil Code § 3426.4 Civil Code § 3426.4 provides: If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or willful and malicious misappropriation exi...