Excerpt: ... of $209,000 was reached at a mediation on 11/11/22. Although Medina had been invited to attend and had recently filed her answer, Medina opted to not participate in the mediation. (Dorr Decl. 912) The settlement agreement is attached to Dorr's declaration and states that it is "expressly conditioned on court approval of Petitions for Minor's Compromise." (Exh. 1, 913) Section 877.6 allows a settling defendant or cross-defendant to obtain a deter...

Excerpt: ...), Set Two, filed by Mr. Gorla. 80th motons are GRANTED IN PART as discussed below. Motion 1 Pursuant to Code Civ. Proc. S 2025.290(a), the court shall allow additional time for deposition, beyond the seven-hour limit imposed by this section, "if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination." The Court finds Cross-Defendants have shown good cause for a furthe...

Excerpt: ...Christian (1968) 69 cal.2d 108.) The duty to warn of or remove a dangerous condition of property created by a third party arises only when the landowner had actual or constructve knowledge, or by ordinary investigation should know, of the dangerous condition. (Hatfield v. Levy Brothers (1941) 18 Cal.2d 798, 806); see also Ortega v. Kmart Corp. (2001) 25 Cal.4th 1200, 1206 (Ortega).) California courts have also repeatedly held that landowners are ...

Excerpt: ...ing the demurrer in part with leave to amend, the Court deems the motion to strike MOOT. Statute of Limitatons In ruling on a general demurrer based on statute of limitations grounds, the running of the statute must appear "clearly and affirmative y" from the face of the complaint. It is not enough that the complaint might be time-barred. (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors (2010) 48 Cal.4th 32, 42; Stueve Bros...

Excerpt: ... 39 Cal.3d 311, 318.) Defendant demurs to the fourth cause of action for fraudulent inducement/concealment, arguing the FAC fails to allege any pre- or post- transacton communications, knowledge of the defects, or intent to induce reliance. Further, Defendant argues that absent a fiduciary relationship between the parties, a duty to disclose only arises where (1) the defendant had exclusive knowledge of the material fact; (2) the defendant active...

Excerpt: ... to relief under the discretionary provision of secton 473(b) for at least some of what is requested. 1) The June 15, 2023 Order Wilshire seeks to set aside the June 15, 2023 Order dismissing its cross-complaint. It contends it is entitled to relief based on "surprise" or "excusable neglect" because its former attorney, Ms. Kim, failed to inform Wilshire of the June 15, 2023 ex parte hearing, failed to appear at said hearing on Wilshire's behalf,...

Excerpt: ...vacy exists as to a party's employment records. (Board of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 528-529.) However, privacy protections are not absolute, and courts must carefully balance the right of privacy against the need for discovery. The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion t...

Excerpt: ...dice or the status of the case as a whole are unavailing. It is undisputed that Plaintiff Aiden Bravo is under the age of 14 and that this case is a wrongful death/personal injury case. The question is whether the minor plaintiff has a substantial interest in "the case as a whole." The court is unaware of case law that sets out any test or boundaries to determine whether the minor has a substantial interest in the case as a whole, leaving this as...

Excerpt: ...ng Companies, Inc. ("SBC"), Bisher Aljazzar ("Aljazzar"), Deenna S. Elsherif ("Elsherif") (individually and as trustee of the Deenna Elsherif Living Trust etc.), and Stolac LP ("Stolac") (collectively the "Defendants"). Under C.C.P. S 437c(p)(1), on a motion for summary judgment or adjudication, a moving plaintiff has the initial burden of showing each element of the cause of action entitling the party to judgment thereon and that there is no def...

Excerpt: ...s and unintelligible as pled. (Code Civ. Proc. S 430.10(f).) 1) COA No. 2 —Negligent Failure to Carry Out a Mandatory Duty Pursuant to Education Code S 44807 & 44808 This is a negligence per se COA as it is based upon two statutes. "The doctrine of negligence per se is not a separate cause of action, but creates an evidentiary presumption that affects the standard of care in a cause of acton for negligence." (Turner v. Seterus, Inc. (2018) 27 C...

Excerpt: ...ty or was regarded as suffering from a disability; (2) he could perform the essential duties of the job with or without reasonable accommodations; and (3) he was subjected to an adverse employment action because of the disability or perceived disability. (Wills v. Superior Court (2011) 195 Cal.App.4th 143, 159-160.) Because Plaintiff's claims are asserted against a public entity and are based on FEHA, a statutory scheme, his causes of achon must ...

Excerpt: ...r both state and federal law." (Tiri v. Lucky Chances, Inc. (2014) 226 Cal. App. 4th 231, 240.) "The petitioner bears the burden of proving the existence of a valid arbitration agreement by the preponderance of the evidence, and a party opposing the petition bears the burden of proving by a preponderance of the evidence any fact necessary to its defense." (Engalla v. Permanente Medical Group, Inc. (1997) 15 cal.4th 951, 972; Green Tree Financial ...

Excerpt: ...Plaintiff has failed to show that it did not adequately comport with C.C.P. S 2015.5. On the merits, for Form Interrogatory ("FROG") Nos. 1.1, 15.1, and 17.1 as directed to RFA 14, each response is incomplete and lacking in adequate specificity. The Motion is therefore GRANTED for FROG Nos. 1.1, 15.1, and 17.1 as directed to RFA 14. The Motion is DENIED as to FROG 2.8, as Plaintiff has not shown why the response is insufficient given the context ...

Excerpt: ...ding company that owns Flagstone Healthcare Central, LLC which owns Empire. TEG also owns ESI which had a consulting agreement with Empire to provide various services. l. MOTION BY THE ENSIGN GROUP, INC. Plaintiff's Objections to Decl. of Robert Shephard Plaintiff asserts objections to 17 statements made in the declaration of Robert Shephard. The objections are OVERRULED. Plaintiff's Request for Judicial Notice Plaintiff asks the Court to take ju...

Excerpt: .... Code S 210.) In terms of expert evidence, such testimony must be "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code S 801.) Here, the City's expert evidence is relevant to the City's defenses in this action. Petitioner alleges the City illegally imposed water and sanitation fees and charges on residents that exceed the cost of providing said services a...

Excerpt: ...'s discovery response from September 25, 2022 indicating she was being treated by the Witness as a result of the subject incident and Plaintiff's claim for wrongful death damages based on loss of society, comfort, care, and protection afforded by the decedent. However, Plaintiff amended her discovery response just two days after the initial responses to indicate that the Witness had been erroneously identified and to clarify that Plaintiff was no...

Excerpt: ...tion to compel a nonparty to comply with a deposition subpoena for document production. At least one court applied the good cause showing requirement to a nonparty production, "since it is unlikely the Legislature intended to place greater burdens on a nonparty than on a party to the litigation." (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223-224.) To establish "good cause," the burden is on the moving party to demo...

Excerpt: ...ent between the parties that covers the controversy or claims at issue. (Roes v. SFBSC Management, LLC (9th Cir. 2016) 655 Fed.Appx. 828, 829; Knutson v. Sirius XM Radio Inc. (9th Cir. 2014) 771 F. 3d 559, 555.) In determining the validity or "the rights of parties to enforce an arbitration agreement within the FDA's scope, courts apply state contract law while giving due regard to the federal policy favoring arbitration." (Pinnacle Museum Tower ...

Excerpt: ...nd cause of action for battery. "A battery is any intentional, unlawful and harmful contact by one person with the person of another.... A harmful contact, intentionally done is the essence of a battery.... A contact is "unlawful" if it is unconsented to....' [Citation.) The elements of a civil battery are: ' "1. Defendant intentionally did an act which resulted in a harmful or offensive contact with the plaintiffs person; [9] 2. Plaintiff did no...

Excerpt: ...discussed below. On Item 1, Plaintiff asserts that $90 of the sum claimed should be taxed. The Court, however, has found that only $30 of the sum claimed should be taxed, for five "check advance" fees at $6 each. The Mohon is therefore granted as to $30 of the sum claimed, but otherwise denied. On Item 5, the charges claimed appear appropriate, except as to those for picking up exhibits ($81.50) and for the entry showing "2/28/23 Copy to Court" (...

Excerpt: ...exemption. l. MOTION TO VACATE DEFAULT The motion to vacate is based on CCP "473.5 and 473(b). The subject motion is made on behalf of both RND Genetics and Richard Santos. With regard to RND Genetics, Hensley submits proof that it served the complaint on RND Genetics. (Exh. 5 to Murray Decl.) There is no evidence submitted by RND Genetics, LLC showing that it was not pro#rly served with the complaint. Further, Santos states in his declaration th...

Excerpt: ...discovery into similar defects on similar automobiles as the vehicle at issue. Plaintiff has not made sufficient arguments showing that information is relevant to the issues in the present Moton. Thus, the court denies that request. Plaintiff also argues Defendant did not strictly comply with CA Rules of Court, Rule 3.1350(b). The court finds Defendant's notice and separate statement were sufficiently similar to on the merits of the Moton. The co...

Excerpt: ...ttling Defendants"). Where a non-settling defendant contests "good faith," the moving party must make a sufficient showing on all Tech-Bilt factors. (City of Grand Terrace v. Sup.Ct. (1987) 192 CA3d 1251, 1261-1252; Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 cal. 3d 488, 499.) The settlement must be within the "ballpark" of the settling party's share of potential liability. (Tech-Bilt, supra, 38 Cal.3d at 499.) But the party asserti...

Excerpt: ... with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage." ' " (Ramos v. Su#rior Ct. (2018) 28 Cal. App. 5th 1042, 1051.) When a party petitions a court to compel arbitration under the FAA, "the district court's role is limited to determining whether a valid arbitration agreement exists and, if so, whether the agreement encompasses...

Excerpt: ... for negligent infliction of emotional distress, the elements of duty, breach of duty, causation and damages apply. (Huggins v. Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 129.) The facts as alleged do not permit such a claim here. When asserting a "direct victim" claim such as that alleged here, a plaintiff may recover in only three types of factual situations: (1) the negligent mishandling of corpses (Christensen v. Superior Court ...