Excerpt: ...e documents under CCP § 2030.230 is unwarranted or the required specification of those documents is inadequate, and/or an objection to an interrogatory is without merit or too general. (CCP § 2030.300(a).) A motion to compel further responses to interrogatories must include a meet and confer declaration pursuant to CCP § 2016.040 and a separate statement. (CCP § 2030.300(b); Cal. Rules of Ct., Rule 3.1345.) Here, the evidence submitted demons...

Excerpt: ...substantial medical doubt of survival of that party beyond six months, and that satisfies the court that the interests of justice will be served by granting the preference.” The standard under subdivision (d) is more specific and rigorous than under subdivision (a) which applies to litigants who are over 70 years of age. (Fox v. Superior Court (2018) 21 Cal.App.5th 529, 534.) Case law recognizes that section 36 “was enacted for the purpose of...

Excerpt: ...se of Action for Breach of Fiduciary Duty “ ‘The elements of a cause of action for breach of fiduciary duty are: (1) the existence of a fiduciary duty; (2) the breach of that duty; and (3) damage proximately caused by that breach. [Citation.]' [Citation.]” (IIG Wireless, Inc. v. Yi (2018) 22 Cal.App.5th 630, 646.) The Cross-Complaint alleges that “RAYMOND was responsible for the company's in-house accounting and bookkeeping and that in th...

Excerpt: ...th cause of action for private nuisance, pursuant to Code of Civil Procedure section 1008(a), based on newly discovered facts. Defendant Plaza-Irvine Owners Association (the “Association”) has filed an opposition, and Defendants, John Warren, Karen Warren, Barbara Milbert and Allen Milbert have filed a Joinder to the opposition. Plaintiffs' motion for reconsideration is filed beyond the statutory 10-day limitation period for filing a motion f...

Excerpt: ...s' attorney's fees and costs. As an initial matter, Code of Civil Procedure section 128.5(f)(1)(B) provides that a motion for sanctions based on the filing and service of a cross-complaint that can be withdrawn or appropriately corrected “shall not be filed . . . unless 21 days after service of the motion or any other period as the court may prescribe, the challenged action or tactic is not withdrawn or appropriately corrected.” Cross-Defenda...

Excerpt: ... economic loss rule because Plaintiff has not alleged that there was any personal injury or property damage, and because Defendant's only duty to Plaintiff arose through their warranty contract. The Seventh Cause of Action alleges, in effect, that Defendant failed to disclose to consumers that the vehicle's diesel engine and attendant systems had numerous defects, of which Defendant became aware during the design and manufacturing process. (Compl...

Excerpt: ...ia state law – certainly none that they have cited - which would explicitly authorize the requested relief, at least in the trial court. Clearstone and Mr. Katz cite to federal case law for the proposition that amici curiae briefs may be filed at the trial court level, but these cases expressly discuss the practice as a potential vehicle for intervenors to raise issues without submitting to the court's jurisdiction. See e.g. In re Bayshore Ford...

Excerpt: ...s at issue in this motion. Accordingly, Defendant's motion is DENIED as MOOT. Defendant to give notice. MOTION NO. 2: Defendant Knott's Berry Farm LLC moves to compel Plaintiff Jennifer Spradlin to provide further responses to Defendant's Special Interrogatories, Set One, Nos. 1, 2, 4, 23, 31, and 51. Plaintiff has submitted evidence to show that on October 24, 2019, Plaintiff served via mail Supplemental Responses to Special Interrogatories, Set...

Excerpt: ...0.290(a) and 2031.300(a). If a party to whom interrogatories or requests for production of documents is directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. CCP §§ 2030.290(b), 2031.300(b). Similarly, if a party to whom requests for admission were directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any do...

Excerpt: ...substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just.” Subdivision (a)(1) of Section 418.10 reads: “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 of motion for one or more of the following purposes: . . . (2...

Excerpt: ...ce in addition to a written objection, where it is contended that the deposition notice fails to comply with the statutory requirements. See Code Civ. Proc. §2025.410(c). Such a motion must be accompanied by a meet and confer declaration. Ibid. Rule 3.1010(a) provides that a party may take a deposition if it “makes all arrangements for any other party to participate in the deposition in an equivalent manner.” “An oral deposition shall be s...

Excerpt: ...ues that decedent was its employee, and was on Defendant's construction site, acting in the course and scope of his employment on the date that he was attacked by the bees. Defendant asks that the Court take judicial notice of records from the Workers' Compensation Appeals Board (“WCAB”), including an Order Approving Compromise and Release, signed by Workers' Compensation Administration Law Judge Robert Mays on 08/17/17. (RJN, Ex. 1.) This or...

Excerpt: ... plaintiff would be likely to sustain if the injunction were denied as compared to the harm the defendant would be likely to suffer if the preliminary injunction were issued.” Smith v. Adventist Health System/West (2010) 182 Cal.App.4th 729, 749. The Court employs a more probable than not standard. Robbins v. Superior Court (1985) 38 Cal.3d 199, 206. Further “[t]he trial court's determination must be guided by a “mix” of the potential-mer...

Excerpt: ...also contend that the complaint does not contain the essential allegations to support an alter ego theory. Defendants' third argument, that the complaint does not sufficiently state damages, has been withdrawn, according to the reply. With regard to the first argument, Constructive discharge occurs when an employer's conduct effectively forces an employee to resign. Turner v. Anheuser-Busch, Inc. (1994) 7 Cal.4th 1238, 1244. Although the employee...

Excerpt: ...aint in this matter filed by Plaintiff A&R Wholesale Distributors, Inc., in essence, alleges that Carson breached the parties' lease agreement and attempted conversion of Plaintiff's property when it refused to allow Plaintiff to remove a refrigeration unit from the leased premises upon vacation. Gold Star is not a Plaintiff in the underlying complaint. The Cross- Complaint is against Gold Star only, and alleges that Gold Star acquired all of the...

Excerpt: ...formation at the first hearing. Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1200. On 12/13/18, the Court denied Plaintiff's motion for judgment on the pleadings on alternative grounds. The first ground for denial was that Defendant had filed a supplemental verification signed by Defendant's officer, which rendered Plaintiff's challenge to Defendant's Answer moot. The alternative ground for denial was that Plaintiff failed to engage in...

Excerpt: ...f that she had three cavities that needed immediate treatment, including fillings on teeth numbers 29 and 30. (Complaint, ¶ 15.) Plaintiff alleges that she did not agree to this treatment and took her x-rays to a different dentist who examined her and told her that she did not need any treatment. (Complaint, ¶ 16.) Plaintiff alleges that Defendants' conduct amounted to a violation of subdivision (a)(15) of Civ. Code § 1770 and that she suffere...

Excerpt: ...perior Court (2008) 159 Cal. App. 4th 273, 286 (citing Cal. Civ. Proc. Code § 367). Standing is a threshold issue. Ibid. The Second Amended Complaint contains 3 causes of action. They are: Breach of promissory note; money lent; and complaint to set aside fraudulent transfer. To allege breach of contract (promissory note), Plaintiff must allege: (1) the contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; an...

Excerpt: ...ny and all documents and records pertaining to employment [of plaintiff Quiroz], including but not limited to, pre- employment applications, job evaluation and performance documentation, payroll and/or salary records, (including pay reviews and/or pay raises, weekly/quarterly/annual payroll records and W-2 forms (where applicable), attendance records, tax, union and benefit records, contracts, time sheets, time cards, attendance records and any a...

Excerpt: ...iser Foundation Health Plan, Inc., it is MOOT. A dismissal with prejudice was requested and entered as to it on March 21, 2018. The alternative motion for summary adjudication is defective for procedural reasons. Under subdivision (b) of CRC 3.1350, “[i]f summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of ...

Excerpt: ...rt “no later than the 10th day after the initial trial date has been set, or 70 days before that trial date, whichever is closer to the trial date.” Code Civ. Proc. §2034.220. “The specified date of exchange shall be 50 days before the initial trial date, or 20 days after service of the demand, whichever is closer to the trial date, unless the court, on motion and a showing of good cause, orders an earlier or later date of exchange.” Cod...

Excerpt: ...d it that a voluntary dismissal would not leave it liable for attorney's fees, and GXP has submitted Mr. Benneville's declaration attesting to his mistaken advice. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shal...

Excerpt: ...party to amend any pleading....” Code Civ. Proc., § 473(a)(1). “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown.” P & D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. “In particular, liberality should be displayed in allowing amendments to answers, for a defendant denied leave to amend is pe...

Excerpt: ...gment on the cause of action.” Code Civ. Proc. § 437c(p)(1). Once the plaintiff meets this burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. Code Civ. Proc. § 437c(p)(1). The elements of a claim for unjust enrichment are receipt of a benefit and unjust retention of the benefit at the expense of another. Lectrodryer v. Seoul Bank(2000) 77...

Excerpt: ... of $180, plus accruing attorneys' fees and costs. Plaintiff further requests an Order that Plaintiff is awarded reasonable attorney fees and court costs according to proof. A motion for summary judgment shall be granted only if it disposes of the entire action. (See Code Civ. Proc., § 437c(c).) Here, Plaintiff's verified complaint consists of four causes of action. Plaintiff's motion for summary judgment only addresses two of the four causes of...