Excerpt: ... of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of CCP § 526(a)(3) is to preserve the status quo pending litigation. (See, Stockton v. Newman (1957) 148 Cal.App.2d 558, 563.) First, for an injunction to issue, the moving party must establish a likelihood of prevailing on the merits. (See San Francisco Newspaper Printing Co., Inc. v. Superior Court ...

Excerpt: ...ed section 474 to mean that plaintiff must be not only ignorant of the defendant's identity, but also ignorant of the facts giving rise to a cause of action against that defendant. General Motors Corp. v. Superior Court (1996) 48 Cal.App.4th 580, 593–594. This requirement is satisfied even if plaintiff's lack of knowledge is due to his or her own negligence; “section 474 does not impose upon the plaintiff a duty to go in search of facts she d...

Excerpt: ...e motion must also be accompanied by an affidavit from the moving party that states: (1) what application was previously made; (2) when and to what judge; (3) what order was made; and (4) what new or different facts, circumstances or law are claimed to be shown. Code Civ. Proc. § 1008(a). A party seeking reconsideration also must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. New York Times Co. v. ...

Excerpt: ... 2nd cause of action for unfair business practices The UCL (B&P Code § 17200, et seq.) prohibits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising.” A party only has standing to assert a Section 17200 claim if he or she has (i) “suffered injury in fact,” and (ii) lost money or property as a result of such unfair competition.” (Bus. & Prof. Code § 17204; see also Kwikse...

Excerpt: ...71). This privilege should be differentiated from the privilege protecting confidential marital communications. (Evid. Code § 980). The privileges are two entirely separate and distinct privileges. (People v. Dorsey (1975) 46 Cal. App. 3d 706.) Here, the court finds that both apply. Plaintiff argues in Opposition that she discussed the ongoing alleged harassment and hostile work environment with witness Mrs. Hulme as it was occurring. But Mrs. H...

Excerpt: ... Plaintiff's supplemental request for judicial notice filed on 6/7/19 is DENIED. (See Evid. Code § 453 (“trial court shall take judicial notice of any matter specified in Section 452 if a party requests it and [g]ives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request.”).) The Court did not consider Plaintiff's reply papers filed on 6/7/19, in r...

Excerpt: ...videntiary sanctions, or instructions to the jury, were to be fashioned. Failing to respond to an authorized method of discovery is a misuse of the discovery process. Code Civ. Proc. § 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516. Imposition of sanctions for misuse of discovery lies within the trial court's discretion. Doppes v. Bentley Motors, ...

Excerpt: ...ed. The general demurrers to the third cause of action for intentional infliction of emotional distress and fifth cause of action for public nuisance are sustained with 15 days leave to amend. The Court declines to consider Defendant's reply papers, because they were not filed “at least five court days before the hearing,” nor were they served by a method “reasonably calculated to ensure delivery to the other party or parties not later than...

Excerpt: ...e basic needs and comforts of elderly or dependent adults, regardless of their professional standing, to carry out their custodial obligations.” Carter v. Prime Healthcare Paradise Valley LLC (2011) 198 Cal. App. 4th 396, 404, citing Delaney v. Baker (1999) 20 Cal. 4th 23, 34. Thus, when care of an elder is at issue, the statutory definition of neglect speaks not of the undertaking of services, but of the failure to provide care. Covenant Care,...

Excerpt: ...correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. (Code Civ. Proc. § 473(a)(1).) California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. (IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461.) This liberality only applies ...

Excerpt: ...mmary adjudication. The court will hear from counsel. California courts generally allow great liberality, at all stages of the proceeding, in permitting the amendment of pleadings in order to resolve cases on their merits. IMO Development Corp. v. Dow Corning (1982) 135 Cal. App. 3d 451, 461. This liberality only applies so long as there is no prejudice to the opposing party. Higgins v. Del Faro (1981) 123 Cal. App. 3d 558, 564. If the party seek...

Excerpt: ... his alleged breach of contractual obligations by “misusing confidential information in violation of his legal duties” to Plaintiff. (Compl. at ¶ 3.) Defendant's alleged wrongdoing resulted in Plaintiff losing “at least one deal,” and put Plaintiff at risk “of losing further deals.” (Compl. at ¶ 4.) Although the Plaintiff framed the alleged breaches under the 2018 Offer Letter between the parties, the Court finds that the alleged br...

Excerpt: ...t. It is not clear exactly what is being sought as the notice of motion is to compel responses. However, in combing through all of the documents, it appears that what Plaintiff is actually seeking is an order compelling further responses and Defendant's production of certain documents. CRC, Rule 3.1110(a) states that a “notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the ...

Excerpt: ...rning their home contact information. See County of Los Angeles v. Los Angeles County Employee Relations Com. (2013) 56 Cal.4th 905, 927 (“home contact information is generally considered private” and employees “have a legally protected privacy interest in their home addresses and telephone numbers”). On the other hand, Plaintiff insists he does not intend to initiate improper communication with these employee witnesses (see Cal. R. Ct. R...

Excerpt: ...s a modification of the court's 1/17/19 order. “[A] motion asking the trial court to decide the same matter previously ruled on is a motion for reconsideration under Code of Civil Procedure section 1008. (Weil et al., Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2011) ¶ 9:324.1, p. 9(I)–124 (rev. # 1, 2011).)” Powell v. County of Orange (2011) 197 Cal. App. 4 th 1573, 1577. When proper grounds are presented, a court ...

Excerpt: ...other policies limiting discoverability. [See, for example, Code Civ. Proc., § 2017.010 (privilege), Code Civ. Proc., § 1985.3 (consumer's right to privacy)]. In addition, deposition subpoenas may be attacked as unjustly burdensome and oppressive. [Code Civ. Proc., § 1987.1]. Plaintiff argues in Opposition that it just wants bank records relating to deposits and disbursements of funds in Sub-Account 900118 only. Thus, Plaintiff agrees to withd...

Excerpt: ...nd all employment records ... including ... employer's personnel file, claim file ... employment file ... a printout of all electronic mail between [Plaintiff] ... and the Employer ... all written evaluations and documents of employment, employment application or contract for services... all employment documents relating to services performed ... pre-employment exam records ... " and " ... customer complaint reports, reprimands, records of discip...

Excerpt: ...rvice. The Court hereby considers the merits of Plaintiff's motions. The Court reminds the parties that litigants who choose to represent themselves must be treated in the same manner as represented parties and must follow the correct rules of procedure. Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984- 985; Nwosu v. Uba (2004) 122 Cal.App.4th 1229, 1246-1247. A self-represented litigant is not entitled to any greater consideration than other liti...

Excerpt: ...ode Civ. Proc. § 664.6 procedure empowers the judge hearing the motion to determine disputed factual issues that have arisen regarding the settlement agreement. Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566. The court may interpret the terms of the contract to determine what the parties agreed to. Fiore v. Alvord (1985) 182 Cal. App. 3d 561, 566; Skulnick v. Roberts Express, Inc. (1992) 2 Cal. App. 4th 884, 889. The terms of a contract are de...

Excerpt: ...the case ending in -0447 presents only equitable issues, for which no jury is permitted, and the case ending in -2848 presents legal issues, for which Plaintiff refuses to waive a jury trial. (Opp'n at 1.) Plaintiff, on the other hand, contends that this action, the case ending in -0447, “can and will be heard and decided by a jury.” (Reply at 2-3, citing Thomson v. Thomson (1936) 7 Cal.2d 671, 681.) Although the court is not making a determi...

Excerpt: ...e doctor is an independent contractor as to hospital, it is not liable for his negligence. (Mayers v. Litow (1957) 154 Cal.App.2d 413, 418; Konnoff v. Fraser (1944) 62 Cal.App.2d 788, 791.) Defendant has met its burden to show no vicarious liability for the acts of Co-Defendant Maginot, M.D. Plaintiff files a Notice of Non-Opposition and does not present any disputed material facts. Further, Defendant presents testimony from Brendan J. Carroll M....

Excerpt: ...t is held to “open” defaults only when it makes substantive changes in the claims asserted. For example, increasing the damages demanded. [Leo v. Dunlap (1968) 260 CA2d 24, 27.] Here, Plaintiff's First Amended Complaint changes the amount of damages from $43,546 to $59,201. Thus, the filing of the First Amended Complaint with substantive changes opens the default. There is no filed Proof of Service for the First Amended Complaint. Thus, the c...

Excerpt: ..., the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” The statute defines “malice” to mean “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others” and oppression to mean “despicable conduct that subject...

Excerpt: ...mination. Code Civ. Proc., § 2032.310(a). A motion to obtain discovery by means of a mental examination must “specify the time, place, manner, conditions, scope, and nature of the examination, as well as the identity and the specialty, if any, of the person or persons who will perform the examination…and be accompanied by a meet and confer declaration under Section 2016.040.” Code Civ. Proc., § 2032.310(b). “Notice of the motion shall b...

Excerpt: ...s. Parties shall select a date and advise the court at the hearing. Plaintiff's Counsel has agreed to take the deposition in Orange County this time. Defendant is ordered to pay sanctions in the amount of $2,110 within 30 days to compensate Plaintiff for having to seek court intervention. When a deponent refuses to answer a deposition question, the deposing party may continue to examine the deponent regarding other matters, and subsequently move ...