Excerpt: ...-6:3; Opposition, 4:2-3:11.) Because Plaintiff's complete third cause of achon alleges disability discrimination, this fifth cause of action will be considered one for race discrimination. Generally, to establish a prima facie case of discrimination, a plaintiff must show "(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an adverse empl...

Excerpt: ...ceeding is pending shall, upon motion of a party to such achon or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies." (Code Civ. Proc., S 1281.4.) The court shares the assessment of the Court of Appeal in Leenay v. Superior Court (2022) 81 Cal.App.5th 553. Specifically, that section 1281.4 is "part of the California Arbitration Act" (th...

Excerpt: ...surance Companies"). Alternatively, Defendants move for a protective order against disclosure of Insurance Clients who have no connection or associaton with the Plaintiffs. The court grants Defendants' motion in part, as set forth below. Plaintiffs' claims boil down to allegations that Defendants misappropriated their customer lists and essentially stole their clients. Plaintiffs served on the above eight Insurance Companies, each containing 48 d...

Excerpt: ...nonetheless admissible evidence as they are authenticated by the Declaration of Sheila Mojtehedi. In the absence of objection, defendants the Estate of Tarek R. Greiss, Tahamtan Nematbakhsh, and Joseph Milligan's motion for joinder in Defendant Elite Care and South Coast's opposition will be granted. The court declines Defendants' invitation to set an OSC re sanctions. Procedure for Correcting or Confirming an Arbitration Award A petition to corr...

Excerpt: ....050, 1013.) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal. 4th 245, 255). On April 24, 2023, Plaintiff served responses to Form Interrogatories, Set One. (Gordon Decl., 8-9, Ex. F.) After meeting and conferring, on June 13, 2023, Plaintiff served Further Responses by electronic mail only...

Excerpt: ...position. "The general rule of motion practice...is that new evidence is not permitted with reply papers... '[Tlhe inclusion of additional evidentiary matter with the reply should only be allowed in the exceptional case' and if permitted, the other party should be given the opportunity to (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537-1538.) Reply evidence should not address substantive issues in the first instance but only fill gaps in the e...

Excerpt: ...ions. A. Qui Tam Plaintiffs In actions brought under the Act, the State, the subdivision, or the qui tam plaintiff is required to prcwe all essential elements of the cause of action, including damages, by a preponderance of the evidence. Gov. Code, S 12654, subd. (c). The Court notes that Plaintiff cites no case to support his contention that his discovery obligations are altered because of his status as a qui tam plaintiff. B. Prtxluction of Doc...

Excerpt: ...tce Guide: Civil Procedure Before Trial (The Rutter Group 2020) '1 9.53.1a.) Plaintiffs' evidentiary objections are sustained as to nos. 5 and 6; they are otherwise overruled. Defendant's evidentiary objections are overruled as to nos. 2, 11, and 8; they are otherwise sustained. Basic Rules for Summary Judgment "A party may move for summary judgment in an acton or if it is contended that the action has no merit or that there is no defense to the ...

Excerpt: ...oceedings. (Cal. Rules of Ct., rule 5.2(c).) By the application, Plaintiff seeks writ of possession of "TUMBLES, a dog, approximately 6 years old, male Cockapoo," during the pendency of this action. (ROA 46.) California's claim and delivery law is found under CCP secton 511.010 et seq. Although it is "based upon the common law writ of replevin," claim and delivery is a "strictly statutory remedy." (Cal. Prac. Guide Enf. J. & Debt at 4:560; see al...

Excerpt: ...elevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule or an order of the court. Code Civ. Proc. S 436. "Irrelevant" matters include: allegations not essential to the claim, allegations neither pertinent to nor supported by an otherwise sufficient claim or a demand for judgment requesting relief not support by the allegati...

Excerpt: ...demurrer. (See Citizens for Parental Rights v. San Mateo County Bd. of Education (1975) 51 Cal.App.3d 1, 38), The Court declines to take the motion offcalendar because Plaintiff has opposed the motion on the merits, (as a demurrer), and has not shown he was prejudiced by the erroneous labeling. (Carlton v. Quint 77 Cal.App.4th 690, 697.) he Court further notes that it has not considered any of the "supplemental" that were untmely filed without le...

Excerpt: ...very lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2W9) 174 Cal. App. 4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the imposition of more severe sanctons. (See Ctxle Civ. SS 2030.290(c) (interrogatories), 2031.3Cqc) (requests for production); see also The Rutter Group, Civil Prmædure before Trial 8:852.) The moving party need only sh...

Excerpt: ...ation order. [CRC 3.1113(d), 3.754(c)(2)] A motion to compel arbitration is neither of these. Yet, Plaintiff's Memorandum of Points and Authorities is 19 pages thereby exceeding the allotted limit of 15 pages, without leave of court. A memorandum exceeding the permissible page limits "must be filed and considered in the same manner as a late-filed paper"; i.e„ the court in its discretion may refuse to consider it in ruling on the moton. [CRC 3....

Excerpt: ...ion made by a party must be based on new or different facts, circumstances, or law than those before the court at the time of the original ruling. (Code Civ. Proc., S subd. (a).) The moton 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 C...