Excerpt: ...judgment is denied but each cause will be addressed under the moton for summary adjudication of issues. Analysis of the motion was made particularly difficult because the plaintiff filed opposition including a separate statement of undisputed facts that was procedurally deficient. Defendants moved to strike that document (see below), and plaintiff responded by attempting to file an amended separate statement that, unfortunately, is also procedura...

Excerpt: ...a's vehicle. Moreno was dismissed (ROA 2W); apparently because he filed for bankruptcy. (See Clerk's Rejection Notice [Duument Filed listed as "Notice of Dismissal—Bankruptcy"], ROA 196.) He also settled for $5,500 and signed a Release of All Claims on June 15, 2023. Defendant Megan Garcia was the driver of the vehicle that hit Garcia's vehicle. Although Brian Lokken was a named defendant, he was dismissed without prejudice on June 14, 2023, on...

Excerpt: ..., Cal. Practice Guide: Civil Procedure Before Trial (2022) ¶6:795, p. 6-207.) Rather, it adds new allegations which occurred after the original pleading was filed. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032.) Here are the critical pleadings: 1. On August 25, 2021, the plaintiff filed a complaint alleging five causes of action arising out of his employment with the District. Named as defendants were District and employee Richard Kwiecien; ...

Excerpt: ... accurate itemized wage statements, failure to pay all wages due on separation, unfair business practices, and intentional infliction of emotional distress. A jury trial in this matter is scheduled for November 13, 2023. Summary Judgment Plaintiff alleges he was an employee; defendants assert he was an independent contractor. In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, our Supreme Court held that a worker is presumed ...

Excerpt: ... party seeks a protective order on the ground the number of requests is unwarranted, the burden is on the propounding party to justify the number of requests for specific discovery. (Code Civ. Proc., § 2020.090, subd. (b), and § 2033.040, subd. (b).) The plaintiff has filed to meet its burden as to the Form Interrogatories, the Requests for Admission, and the Special Interrogatories. The motion for a protective order as to those discovery reque...

Excerpt: ...iduciary duty because the alleged breaches of fiduciary duty are little more than allegations of breach of contract. Plaintiff alleges Aviation Consultants stopped making cash distributions while it continued to allocate profits to him, and this was done so as to pressure plaintiff (and other minority shareholders) to sell their shares. Plaintiff alleges he was damaged because he incurred tax liability without having the corresponding cash distri...

Excerpt: ...is insufficient because defendants did not enter into any agreement with plaintiff contractor. The contract identifies the client as the address “@Odyssey VR.” It was signed by “Lei Zhao,” and even though it does not identify his capacity, the amended complaint alleges that he was “Defendants' Chief Operating Officer at the time of execution.” A check for the initial payment was also cut by Irvine Management Company “to the order of...

Excerpt: ...ject files, but only selected portions related to this case. Defendant complains that the plaintiff is seeking everything and something less would be appropriate. The parties are ORDERED to meet and confer meaningfully about these discovery requests. Defendant seeks to compel further responses to Special Interrogatories Nos. 127-132. They seek information about plaintiff's finances because of her claims of emotional distress based, in part, on he...

Excerpt: ...on of these tentative rulings, no new counsel has filed a substitution of attorney. (One was rejected August 7, 2023 (ROA 168), which the court assumes was to substitute out Howard.) Because Microwine is a corporation, the order shall advise it that it may only appear by counsel licensed to practice law in California. Demurrer/Motion to Strike (Microwine Cross-Complaint) The demurrer and motion to strike of cross-defendant Tao Xu to the cross-com...

Excerpt: ...use no copy of the complaint filed with the California Civil Rights Department, or the right-to-sue letter, are attached to the complaint. Exhaustion of remedies is a jurisdictional prerequisite to litigation. Failure to allege facts showing exhaustion renders the complaint subject to demurrer. Here, the complaint alleges a complaint was filed with the Civil Rights Department and a right-to-sue letter was issued on or about March 24, 2023. Based ...

Excerpt: ...heinhart v. Nissan North America, Inc. (2023) 92 Cal.App.5th 1016.) Here, the plaintiff has presented evidence she timely opted out of the class action settlement. The first cause of action alleges breach of the express warranty for defendant's failure to promptly repurchase or replace the vehicle after a reasonable number of repair attempts. The statute clearly requires the defendant be afforded more than one attempt to repair the vehicle. (See ...

Excerpt: ...s, it appears the tree was on his property. The homeowner's association hired Douglas Landscape to trim the tree. But Douglas's employees did not cordon off the area as required, and a branch fell on the plaintiff injuring her. Green was not there when the incident occurred. The defendants submit evidence that the plaintiff is claiming around $3 million in damages and her medical expenses alone at this point total over $558,000. In their mind, a ...

Excerpt: ...ntense Lighting, LLC, within 14 days of the hearing date. Defendants filed a motion to compel the “second” deposition of the plaintiff because she had been instructed not to answer five specific questions. The defendant confirmed the deposition date of its Person Most Qualified but later it refused to produce that person for deposition until after plaintiff's second deposition. However, there is no authority for the proposition that plaintiff...

Excerpt: ...und $225,000. Counsel claims attorney fees at an hourly rate of $675, and paralegal fees at an hourly rate of $175. Defendant compares the initial 998 Offer to Compromise on March 3, 2020 (which was rejected), with the 998 Offer accepted on March 8, 2022. 1. The 2020 Offer was for a buy-back, dismissal of the action with prejudice, a payment to the plaintiff of $28,658.78, and $10,000 for attorney fees and other costs. 2. The 2022 Offer was for a...

Excerpt: ...versity, neither the complaint nor the cross-complaint are so limited. Plaintiffs, for example, seek additional relief in the complaint. In Paragraph 27 of the complaint, plaintiffs allege the defendants “have and continue to engage in other actions that are causing damage to [Bethesda University] including the manipulation of managers and personnel to implement the Fake Board's financial directives resulting in the inadequate funding” of the...

Excerpt: ...ion. In Paragraph 25, plaintiff pleads that, “Defendant failed to provide proper meal and rest breaks for employees. Plaintiff regularly worked twelve (8-10) hour shifts; however, he could not take all his meal and rest breaks on many days.” This is sufficient to put the defendant on notice of the claim against it. The pleading is not uncertain. Moreover, there is no procedural requirement that plaintiff must plead the dates and thereby estab...

Excerpt: ...or sanctions and monetary sanctions should likely be imposed. But the question is: against whom? Hyundai Westlake is a non-party, and so are the service technicians, one who does not even work at the dealership anymore. Yet the plaintiff wants sanctions imposed against them? Based on a review of the competing declarations, defense counsel does not seem to have been at fault. The delay seems to have been at the dealer's end, so why should defendan...

Excerpt: ...egligence and wrongful death. They also alleged two causes of action against Grace's parents for wrongful death and negligence based on the theory of negligent entrustment of their vehicle to Grace. It was alleged that around three months prior to this accident, Grace was arrested for driving under the influence with a BAC of .15. And around two months before that, Grace drove while intoxicated and struck a parked vehicle, and then fled the scene...

Excerpt: ... included agreements over the final approval of changes and any additions to the scope of work. The demurrer asserts that, “Nowhere in that contract does it state Laidlaw was to be involved in any manner as the Owner's representative regarding change orders or additions to the scope of work.” However, the alleged breach of contract is based on more than just the written agreement. It is also based on the alleged oral agreements. As such, the ...

Excerpt: ...l papers regarding the request, which they did. Defendant argues that he has a right to conduct a physical examination of the plaintiff; if it is delayed until after the revision surgery, he will be limited to accepting the opinions of plaintiff's expert. In response, plaintiff says she has always been willing to undergo a physical examination, but that the defendant sat on his rights. The complaint was filed May 12, 2022; and defendant filed his...

Excerpt: ...ortunities to correct the deficiencies in the motion for leave to amend and sanctions under Code of Civil Procedure section 128.7. Plaintiff's failure to do so is well documented. This is the tentative ruling posted on the Internet on March 1, 2023, for the court's March 2, 2023 law and motion calendar, italicized for clearness. It was not made part of the minute order, which is this Department's normal practice and needs to be made part of the r...

Excerpt: ...e. However, that may all be a minor issue now. The court notes that the basic factual claims have changed dramatically: 1. In the complaint, the plaintiff alleged the landlord refused to consent to the use of the residence as a “small family day care.” Under the law, a small family day care center is for 6 to 8 children. 2. In the amended complaint, she now alleges she told the landlord that she wanted to operate a “large family day care ce...

Excerpt: ...that plaintiff did not meet and confer in good faith. The motion to compel was filed before a second requested extension to respond had expired. Defendant was trying to respond to a meet-and-confer letter that covered 151 discovery requests, and there were no pressing deadlines. Based on the court's review of the record, it appears plaintiff granted a two-week extension to respond to the initial meet-and-confer letter. When the two weeks had pass...

Excerpt: ...s defendant, and most of the evidentiary documents in support of its summary judgment motion filed March g, 2022. Defendant claims these records relate to "confidential financial information, and to medical or personal identifying information related to minor Plaintiff." Further, counsel for this defendant states in his declaration in support of the motion to seal that resolution of the case is "conditioned on strict confidentiality regarding, am...

Excerpt: ...ntiff objected on the ground that there are some documents subject to a right to privacy. The court has been advised that during the meet and confer process, the only concession made by defendants was that plaintiff's tax records would not have to be produced. Plaintiff has a constitutional right to privacy that may be abridged only if, after balancing the competing interests, the balance weighs in favor of disclosure. Here, plaintiff has shown t...