Excerpt: ...etween the C ontractor [Titan] and the Owner [District], under or in reference to this contract, may be subject to the decision of some competent person to be agreed upon by the Owner and the Contractor who shall act as referee, and his decisions shall be final and conclusive upon both parties.” (Titan Group, Inc. v. Sonoma Valley County Sanitation Dist. (1985) 164 Cal.App.3d 1122, 1125.) The trial court denied the plaintiff's motion to compel...

Excerpt: ...ns, our Legislat ure has authorized the broadest possible exercise of jurisdiction.” (Id. at 108.) “When a debtor files a Chapter 7 petition, the debtor lists each of his creditors.” (In re McGhan (9th Cir. 2002) 288 F.3d 1172, 1176.) “The appointed bankruptcy trustee convenes a meeting of these creditors pursuant to 11 U.S.C. § 341(a).” (Id.) “All creditors must receive at least 30 days' advance notice of the creditors' mee...

Excerpt: ...ther, the pr opounding party is not required to file a meet and confer declaration prior to filing its motion to compel, and there is no time limit for the propounding party to file its motion. (Code Civ. Proc., § 2030.290; Sinaiko Healthcare Consulting, Inc. v. Pacifi c Healthcare Consultants (2007) 148 Cal.App.4th 390, 404.) In addition, “[t]he party to whom the interrogatories are directed waives any right to exercise the option to prod...

Excerpt: ...or Production No. 19 , however, is overbroad. Plaintiff has not set forth good cause showing the relevance of documents that are not limited to the transmission defects identified in the repair history for the Subject Vehicle. Because Plaintiff has made a showing fact- specific showing of good cause, the burden shifts to Defendant to justify any objections made to requests for production. Defendant has not filed an opposition or response to th...

Excerpt: ...Cal.3d 311, 318.) A demurrer only tests the sufficiency of the pleadings (See Satyadi v. West Contra Costa Healthcare District (2014) 232 Cal.App.4th 1022, 1028 [in analyzing a demurrer, the court looks o nly to the fac e of th e pleadings and to matters judi cially not iceable]). 1st cause of action for wrongful death/negligence against Travis Hadden An amendment filed after the statute of limitations has run will be deemed filed as of the dat...

Excerpt: ...dar days to the notice requirement. (Cal Civ. Proc. Code § 1005(b).) As such, Plaintiff was required to serve her motion on March 21, 2024. Having served her motion for a continuance on April 8, 2024, Plaintiff failed to give defendants the requisite notice. Furt her, the court finds that Plaintiff has not offered sufficient evidence to substantiate a six -month continuance. While her LMFT therapist states that “it might be beneficial to cur...

Excerpt: ...o his Request for Production of Documents, Set One, is GRANTED. Defendant is ordered to serve further verified responses within 30 days of Plaintiff providing notice of the Court's ruling. The Court denies both parties' requests for monetary sanctions. Demurrer Defe ndant demurs to the sixth cause of action for Whistleblower Violations. Defendant's Demurrer is overruled. “An employer, or any person acting on behalf of the employer, shall not r...

Excerpt: ...he demurrer is S USTAINED as to the second cause of action for medical malpractice. In ruling on a demurrer, a court must accept as true all allegations of fact contained in the complaint. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal s ufficiency of the affected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal., Inc. (20...

Excerpt: ...odin (1998) 17 Cal. 4th 599, 615–617; Exxess Electronixx v. Heger Realty Corp. (1998) 64 Cal.App.4th 698, 706– 707.) Civil Code section 1717 applies only in an action “on a contract.” The meaning of “on a contract” has been liberally construed to mean any action involving a c ontract for the purposes of section 1717. (Turner v. Schultz (2009) 175 Cal.App.4th 974, 979– 80.) Here, it is undisputed that Selene is the prevailing party. ...

Excerpt: ...nd what procedure s Defendant followed to respond to Plaintiff's request, if any; and (2) any repairs and service reflected in the Global Warranty History Report applicable to the Subject Vehicle. The deposition shall occur at a mutually- agreeable time and place on or before April 15, 2024. Any party may obtain discovery by taking in California the oral deposition of any person, including any party to the action. (See Code Civ. Proc., § 2025.0...

Excerpt: ...ertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1420- 1421; see Joyce v. Ford Motor Co. (2011) 198 Cal.App.4th 1478, 1489 [a motion to withdraw or amend an admission “would have been granted as long as the trial court determined that [defendant's] mistake in ad mitting the matter was not clearly inexcusable and withdrawal would not substantially prejudice [plaintiff]”].) “Section 2033.300 eliminates undeserved windfalls obtaine...

Excerpt: ...y judgment is to provide courts with a mecha nism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary judgm ent in an action or proceeding if it is contended that the action has no merit or that there is no defense to the action or proceeding.” (Code ...

Excerpt: ... for deposition. (Id. at ¶¶ 3 -4.) On Apri l 26, 2023, Defendant served objections to the Notice of Deposition. (Id. at ¶ 7.) Plaintiff sent a meet and confer letter on May 11, 2023 discussing Defendant's objections and the particular categories of examination and document requests. (Id.) Defen dant provides no evidence that it responded to the May 11, 2023 letter. (See Major Dec.) GM has evidently agreed to produce a witness for deposition on...

Excerpt: ...§ 2031.310, subd. (b)(1).) “To establish good cause, a discovery proponent must identify a disputed fact that is of consequence in the action and explain how the discovery sought will tend in reason to prove or disprove that fact or lead to other evidence that will tend to prove or disprove the fact.” (Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216, 224, disapproved of, on other grounds, by Williams v. Superior Court (20...

Excerpt: ...atory no. 4.1. (Exhibit D, F to Declaration of Troy Candio tti; Exhibit 4, 6, 9 to Declaration of Richard Angel.) Thus, the Court grants Plaintiff's Motion as to Form Interrogatory no. 4.1. Given the October 30, 2023 deadline for Plaintiff to file his Motion, it was not wholly unreasonable for Plaintiff to file h is Motion when Defendant advised he would not serve a supplemental response until November 3, 2023. (Exhibit 9 to Declaration of Rich...

Excerpt: ...ises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury.” (Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158; Castellon v. U.S. Bancorp (2013) 220 Cal.App.4th 994, 998.) “[L]andowners are required ‘to maintain land in their poss ession and control in a reasonably safe condition' [citation], and to use due care to eliminate dangerous conditions on their property [citations].”...

Excerpt: ...g the claim has no merit, that the plaintiff cannot prove an element of the claim, or that the defendant has a complete defense entitling it to judgment as a matter of law. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850- 51.) Issue 1: first cause of action for negligence Plaintiffs allege that in May 2018, Decedent Richard Arnold (Plaintiff Lisa Arnold's husband) sustained injuries at work from whic...

Excerpt: ...tutory references to the CCP unless otherwise no ted). An “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: (1) Any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) Any written or oral statement or writing made in connection wi...

Excerpt: ...tion of the party in question.” (Id. at 851.) The parties must set forth admissible evidence. (Code Civ. Proc., § 437c, subd. (d).) A defendant moving for summary judgment satisfies his or her initial burden by showing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Code Civ. Proc., § 437c(p)(2).) The scope of this burden is determined by the allegations of t...

Excerpt: ...y must contain an answer with the information sought, an exercise of th e party's option to produce writings, or an objection. Each response must be “complete and straightforward as the information reasonably available to the responding party permits. (Code Civ. Proc., § 2030.220, subd. (a).) “If an interrogatory cannot be ans wered completely, it shall be answered to the extent possible.” (Code Civ. Proc., § 2030.220 subd. (b).) If a tim...

Excerpt: ... hearing on March 7, 2024. [ROA ## 69 & 70.] The Non- Attorney Defendants also filed a special motion to strike (antiSLAPP) to the complaint, which is set for hearing on April 18, 2024. Plaintiff filed a first amended complaint on February 14, 2024. [ROA # 98.] The court's ruling analyzes th e interplay and effect of all of these filings by the parties. Under California Code of Civil Procedure section 472: (a) A party may amend its pleading o...

Excerpt: ...nt motion, Balboa must demonstrate it is entitled to summary judgment of all eight of its causes of action against Defendants Fullerton Consulting Group (“Fullerton Consulting”) and Chares Smith. The instant motion does not address the second cause of action or fourth cause of action for recovery of posse ssion or personal property. Accordingly, the motion for summary judgment is denied. Motion for Summary Adjudication First Cause of Action f...

Excerpt: ...that the breach proximately caused the plaintiff's injuries. (See Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1159.) The existence of duty is a question of law for the courts. (Isaacs v. Huntington Mem. Hosp. (1985) 38 Cal.3d 112, 124.) Civil Code section 1714, subdivision (a), provides that “[e]very one is responsible . . . for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her prop...

Excerpt: ...ificity: (1) a misrepresentation, (2) knowledge o f its falsity, (3) intent to defraud, 4) justifiable reliance, and (5) damages. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 (specific pleading requirement for fraud necessitates pleading facts that show the how, where, when, and who of the fraudul ent conduct).) In cases against corporate employers, Plaintiff must “allege the names of the persons who made the allegedly fraudulent repr...

Excerpt: ... Vehicle suffered from a number of defects during the warranty period, Defendants' authorized repair facilities returned it to Plaintiff after a number of repair attempts with assurances that the problems had been fixed. (FAC, ¶¶ 42 -49.) While Plaintiff alleges that Plaintiff delivered the car for repairs at least 6 times from 2017through 2021. (Id.) “[U]nder the delayed discovery rule, a cause of action accrues and the statute of limitatio...