Excerpt: ...(See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850, as modified (July 11, 2001). “The motion for summary judgment shall be granted if all the papers submitted show that there is ...

Excerpt: ...20. (See ROA 119.) Defendants subsequently filed a Notice of Withdrawal as to the filing (see ROA 122), but the clerk's office rejected all attempts to fine any revised Amended Answer The Court will thus grant the motion as to the unverified 10/15/20 filing, but also grant 10 days leave to amend, to allow the Defendants to file a Verified Amended Answer to the SAC. The Court is not at this time addressing the issues Plaintiff has raised in the un...

Excerpt: ...at supplemental responses would be provided. ROA ## 107 and 109. The Court also required Plaintiff to file copies of the FROGS and all of NHI's responses with the Court for its review. On 12/04/20, Plaintiff filed Amended Separate Statements in support of the motion to compel SPROGS. Plaintiff did not file anything in relation to the motion to compel FROGS and did not specify that he continued to have any issue with those FROGS. As there is nothi...

Excerpt: ...The Court grants the motion pursuant to equity and the theories of equitable estoppel. Initially, the Brons' family mediated and began arbitrating their claims against the moving Defendants, giving effect to the mediation and arbitration provisions in the contract documents. The minor plaintiffs joined the process with the parents. The lawsuit is about the same underlying events, the same alleged wrongs, the same alleged conditions and problems a...

Excerpt: ...The facts as alleged in COA 1 of the FAC, as to all of these moving parties, involve a failure to perform professional duties. Each of the identified nurses allegedly failed to comply with the operative care plan and applicable standard of care, by failing to properly turn Plaintiff every two hours and to adequately inspect his skin, to conduct a structured risk assessment as to his skin, to ensure he received adequate nutrition, and to ensure he...

Excerpt: ...ntial element of the Defendant's acceptance. The Court would like the parties to evaluate the application of the California UCC in the future. Division 2 sets forth the principles on contract formation for commercial parties, assuming that the body of law applies. (See Defendant's cited case, C9 Ventures v. SVC- West, L.P. (2012) 202 Cal.App.4th 1483, 1504 (discussing the UCC); and see Cal. Comm. Code § 2206, 2204, 2201.) Applying a reasonable c...

Excerpt: ...oss-Complaint (“FACC”) is almost identical to the original Cross-Complaint, the same issues with the original pleading continue to exist in the FACC, which call for ruling in favor of CD. 1) Demurrer CD Demurrer is SUSTAINED with leave to file a Second Amended Cross-Complaint within 10-days. Again, the Courts notes that TDH filed a FACC that is essentially the exact same pleading as its initial Cross-Complaint. Most importantly, despite many ...

Excerpt: ...ecognizes and appreciates the statutorily required separate statements laying out the issues, this Court also requires copies of the actual documents to ensure that they state what parties say they state. Plaintiff is ordered to file and serve a supplemental declaration with copies of the requests and all responses received no later than 11/30/20. If Nautilus should serve further verified responses to the requests at issue, as it apparently previ...

Excerpt: ...n the grounds that it fails to comply with Utah Corporations Code section 16-10a-740(3)(b)'s requirements that a derivative complaint must be verified and must allege with particularity the written demand upon the corporation to take action. (Utah Corp. Code § 16-10a-740(3)(b).) Evans contends that only Subsections (3)(a) and 3(b)(ii) are substantive, and thus applicable in this California action, and that Subsection (3)(b)(i) is merely procedur...

Excerpt: ...record does support specific jurisdiction over the Defendants. While Defendant Liu claims she has not engaged in any business dealings in the State of California at any time (see Liu Decl ¶ 9) Plaintiff shows that Defendant Liu is the CEO and CFO of a California corporation (Power Energy), as reported to the California Secretary of State. The business address for the Defendant, within the corporate records, is in Dana Point, California. This see...

Excerpt: ... answer.” CCP § 464(a). “Leave to amend a complaint is entrusted to the sound discretion of the trial court, and the exercise of that discretion will not be disturbed on appeal absent a clear showing of abuse.” Bd. of Trustees v. Superior Court (2007) 149 Cal. App. 4th 1154. “Absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail.” [Emphasis added.] Id. “The ba...

Excerpt: ...emurrer lists, among others, the causes of action Life Vessel is demurring to as the “Third Cause of Action for Willful Misconduct,” as well as to the “Fifth Cause of Action for Negligence Per Se,” neither of which exist. The third cause of action in the SAC is for “Abuse/Neglect Of Dependent Adult,” and while the “Negligence Per Se” cause of action was previously demurred to by Life Vessel, which was sustained without leave to am...

Excerpt: ...iscretionary decisions about child abuse allegations. (See Gabrielle A. v. County of Orange (2017) 10 Cal.App.5th 1268, 1285 [immunity applies even to decisions in which worker abuses discretion, including decisions based on woefully inadequate information, “no matter how horrible the outcome”], and Gov. Code § 820.2 [“Except as otherwise provided by statute, a public employee is not liable for an injury resulting from his act or omission ...

Excerpt: ...nd the entire client files of attorney Keith C. Ciceron regarding his representation of each of the Defendants. The subject deposition subpoena does not appear to exclude any aspect of Mr. Ciceron's representation, communications or documents from its requested scope, and instead seems purposefully tailored to leave no stone unturned regarding every aspect of Mr. Ciceron's representation. Plaintiffs assert that they are entitled to unfettered tes...

Excerpt: ...default against that party.” CCP § 2023.030(d). Misuses of the discovery process that appear relevant to the present matter are: “. . . (d) Failing to respond or to submit to an authorized method of discovery. (e) Making, without substantial justification, an unmeritorious objection to discovery. . . . (g) Disobeying a court order to provide discovery. . .” CCP § 2023.010. Regarding sanctions for failure to obey a court order and respond ...

Excerpt: ...vor until the carry-back note was satisfied. On 03/10/16, defendant breached their agreement by causing a grant deed to be recorded against the property in her favor. On 04/27/16, defendant further breached the agreement by encumbering the subject property with a $390,000.00 note from East West Back, secured by a deed of trust. Plaintiff filed suit for breach of contract, fraud, rescission, financial elder abuse, and quiet title. On 12/21/17, def...

Excerpt: ...criteria used in determining whether an item is privileged may be helpful. 2. If some type of privilege log was prepared by the contract attorney, was a copy given to the defendants to ensure that privileged items were not missed? If it was provided, what items do Defendants contend were missed? Did Defendants notify the District Attorneys' Office of any inadequacy? 3. Did Ms. Ernby or anyone else at the District Attorneys' Office inadvertently r...

Excerpt: ...rt must expressly find facts that establish the following: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. ...

Excerpt: .../23/19, Plaintiff leased Property to Defendants, with lease beginning 04/27/19 and running through 04/30/20. Third Amended Complaint (“TAC”) ¶ 7-8; Cross- Complaint (“CC”) ¶ 4. A copy of the lease was not attached to the TAC or the CC, but it was attached to both the First Amended Complaint and the Second Amended Complaint at Exhibit 1, and will be referenced to as “Contract.” An addendum to the lease states, “Tenant may, at tenan...

Excerpt: ...C Project. Complaint ¶ 21. On 05/30/14, the Iron Workers Union (“IWU”) gave the Orange County District Attorney (“OCDA”) evidence of allegedly forged documents including apprenticeship documents related to the OC Project. MTSE Opp., Cipolletti Decl., Ex. F, ¶ 6; and Ex. G at p. 7. In October 2014, in connection with the Riverside County Regional Medical Center Nursing and Allied Health Education Building (“RCRMC”) project, Chuck Wal...

Excerpt: ...t has not tendered his medical condition in the case to support the inquiry into this generally-protected area of privacy. (See Manela v. Superior Court (2009) 177 Cal.App.4th 1139, 1149) ("A defendant… does not tender his or her medical condition by simply denying the plaintiff's allegations regarding the same."). Compare Evid Code § 996 (the privilege for communications between physicians and patients, does not exist if the patient's medical...

Excerpt: ...t (“Agreement”), entered into by the parties on or about 03/10/17, for the sale of Plaintiff's assets to Defendants. Quimby Decl., Ex. 1. The Agreement contains the following mediation prerequisite clause: “18. MEDIATION OF DISPUTES: Except as reasonably necessary for a party to seek equitable relief from a court, such as an injunction or other expedited relief (write of attachment, specific performance, appointment of a receiver or similar...

Excerpt: ...e Demurrers assert many of the same arguments, and are discussed collectively below. Both Demurrers asserted that there was another action pending between essentially the same parties based on overlapping claims. However, as the two cases have since been consolidated, those arguments are now moot. Similarly, the Demurrers argued about TN's standing to assert its claims in the FAC, because TN's claimed rights under the Ground Lease are the subject...

Excerpt: ...0.020(b), and 2031.020(b).) The purpose of the initial hold on discovery is to allow litigants time to find their counsel and orient to the lawsuit. (See Civ. Proc Before Trial ¶ 8:441 Rutter Group 2020; Waters v. Superior Court of Los Angeles County (1962) 58 Cal.2d 885, 892; California Shellfish Inc. v. United Shellfish Co. (1997) 56 Cal.App.4th 16, 23.) It appears that that purpose was still being fulfilled here when the discovery was sent. (...

Excerpt: ...r Court (1989) 215 Cal. App. 3d 155, 158 (citation omitted).) Ordinarily, the court does not consider the validity of the proposed amended pleading in deciding whether to grant leave to amend. (Kittredge Sports Co. v. Superior Court (Marker, U.S.A.) (1989) 213 Cal. App. 3d 1045, 1048; Cal. Prac. Guide, Civil Procedure Before Trial (The Rutter Group) § 6:644.) It is preferable to permit the amendment and then attack its validity in a subsequent d...