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: ...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: ...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: ...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: ...§ 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: ... 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: ...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: ...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: ...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: ...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...

Excerpt: ... fifth cause of action (IIED) is SUSTAINED without leav e to amend. Third Cause of Action (Violation of Civil Code Section 51) The court sustained the demurrer to the Complaint's third cause of action, ruling that “Plaintiffs' conclusory allegations do not allege sufficient facts demonstrating a discriminatory motivating reason for defendant's alleged conduct.” (ROA 55.) The FAC addresses that defect and states a claim for violation of the U...

Excerpt: ...sult occurs, and the consequent ‘liability arises.' In other words, it sets the date as the time when the cause of action is complete with all of its elements.” (Norgart, supra, 21 Cal.4th at p. 397.) When, by the face of the complaint, it is clear a claim is time - barred, the plaintiff may invoke the delayed discovery rule “which postpones accrual of a cause of action until the plaintiff discovers, or has reason to discovery, the cause of...

Excerpt: ...ader's ability to prove tho se allegations. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404- 1405.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) A demurrer tests only the sufficiency of the compl aint; a court will not consider facts that have not been alleged in the complaint unless they may be reasonably inferred from the matters alleged or are proper subj...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: .... (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer challenges only the legal sufficiency 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. (2002) 101 Cal.App.4th 1395, 1404 -05.) Questions of fact cannot be decided on demurrer. (Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556.) Because a demurrer tests only...

Excerpt: ... furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc. §128(a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal. App. 3d 572, 585.) “A former client may seek to disqualify a former attorney from representing an adverse part...

Excerpt: ...19-32, within 30 days of service of the notice of ruling. However, if the parties have not agreed upon a Protective Order, and given both parties' representations they are prepared to execute same, the Court ORDERS Plainti
¯s and Defendant to meet and confer – in person – regarding the execution of the Protective Order. Request for Production nos. 37-41 Defendant and its counsel are ORDERED to serve full, complete, and veriÞed responses to ...

Excerpt: ...ses.'” (Ibid.) “The overall policy of preventing future harm is ordinarily served, in tort law, by imposing the costs of negligent conduct upon those responsible. [Citation.] In general, internalizing the cost of injuries caused by a particular behavior will induce changes in that behavior to make it safer. That consideration may be ‘outweighed, for a category of negligent conduct, by laws or mores indicating approval of the conduct or by t...

Excerpt: ...(1) the claim upon which the attachment is based is one upon which an attachment may be issued; (2) the plainti
¯ has established the probable validity of the claim upon which the attachment is based; (3) the attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., § 484.090(a)(1)-(4).) If an action i...

Excerpt: ...ection with a public issue shall be subject to a special motion to strike, unless the court determines that the plainti
¯ has established that there is a probability that the plainti
¯ will prevail on the claim.” This section is to be construed broadly. (Code Civ. Proc. § 425.16(a).) The court's determination of an anti-SLAPP motion is a two-step process. First, the court determines if the party moving to strike a cause of action has met its...

Excerpt: ... another manner speciÞed in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action[; or] (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interes...

Excerpt: ..., but do[es] not assume the truth o contentions, deductions, or conclusions o law.” (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967, citing Moore v. Regents o Univ. o Cal. (1990) 51 Cal.3d 120, 125.) A demurrer challenges only the legal su
¯iciency o the a
¯ected pleading, not the truth o the actual allegations in the pleading or the pleaders ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.Ap...

Excerpt: ...ding, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05.) According to the First Amended Complaint (FAC), Defendant Jennifer White accused Frances McLuen of calling Defendant White a racial slur. (FAC, ¶ 10.) Jennifer White allegedly recorded this interaction and later posted a video of the interaction online on Nextdoor, ...

Excerpt: ...TH 30 DAYS' LEAVE TO AMEND, as to the Adella Property, Chumash Property, Aspan Property, Drover Property, and Homestead Property. The Court Þnds Defendants adequately met and conferred prior to Þling their Demurrer. Intentional and Negligent Misrepresentation (3rd and 4th Causes of Action Defendants contend the First Amended Complaint, like the original Complaint, still provides no detail as to when, where, or how Defendants' misrepresentations...

Excerpt: .... Blank v. Kirwan (1985) 39 Cal.3d 311, 318. A demurrer challenges only the legal su
¯iciency of the a
¯ected pleading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. Cundi
¯ v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1404-05. Questions of fact cannot be decided on demurrer. Berryman v. Merit Prop. Mgmt., Inc. (2007) 152 Cal.App.4th 1544, 1556. Because a demurrer tests only the...

Excerpt: ...proceeding before it, in every manner pertaining thereto.” (Code Civ. Proc., § 128, subd. (a)(5).) This includes the power to disqualify counsel in appropriate cases. (In re Complex Asbestos Litig. (1991) 232 Cal.App.3d 572, 585.) Generally, deciding a motion to disqualify requires the court to weigh the following variables, including: (1) the party's right to counsel of choice; (2) the attorney's interest in representing a client; (3) the Þn...

Excerpt: ...itive damages, the complaint must allege facts of defendant's oppression, fraud, or malice. (Civ. Code § 3294(a).) “Malice” is deÞned as conduct which is intended by the defendant to cause injury to the plainti
¯ or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (CC § 3294(c)(1).) “Oppression” is deÞned as despicable conduct that subjects a person to c...

Excerpt: ... to stipulate to the filing of the FAC, which then added Defendant Sunrise to the 1st cause of action for disability discrimination and the 9th causes of action for unlawful medical inquiry in violation of FEHA. While the filing of a FAC would normally moot a summary judgment motion, the parties' stipulation for the FAC noted Defendant Sunrise's motion and Plaintiff "waive[d] the filing requirements under CCP S 437c(a) and stipulate[d] to allow S...

Excerpt: ...to a blanket stay for an undetermined period of time, particularly since, as Defendant himself admits, no discovery has been propounded on him. (Declaration of Catherine A. Quaidoo, 7.) (See Alpha Media Resort Investment Cases (2019) 39 Cal.App.5th 1121, 1131 [the Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings]; see Victaulic Co. v. American Home Assurance Co. (2018) 20 Cal.App.5th...

Excerpt: ...eempts claims based on the same nucleus of facts as trade secret misappropriation. (Coast Hematology-oncology Associates Medical Group, Inc. v. Long Beach Memorial Medical center (2020) 58 cal.App.5th 748, 769; Arthur J. Gallagher & co. v. Tarantino (N.D. cal. 2020) 498 F.Supp.3d 1155, 1174.) "To survive preemption, [Plaintiff's) claims must 'allege wrongdoing that is materially distinct from the wrongdoing alleged in a CUTSA claim.' [Citation.]"...

Excerpt: ...n the alternative show cause why it should not do so, and thereafter issue a peremptory writ commanding Respondent either rescind its 'Potentially Dangerous Dog Declaration', or amend the provisions of the Mission Viejo Municipal Code to define the term 'provocation' and to allow Petitioner a trial on all issues of fact, and allow Petitioner to present evidence on all properly plead defenses." Neither party provides a standard under which the cou...

Excerpt: ...tice. (Code Civ. Proc. S 2025.450(b)(1).) A showing of "good cause" is made by declarations containing specific facts justifying inspection of the documents described in the notice. (Cal. Prac. Guide Civ. Pro. Before Trial S 8:801.2 (Rutter Group 2021).) In addition, the moton must be accompanied by a meet and confer declaration. (CINIe Civ. Proc. "A meet and confer declaration in support of a motion shall state facts showing a reasonable and goo...

Excerpt: ...of Michael Prozan in Support of Motion fails to comply with California Rules of Court, rule 3.1324(b), which requires that a separate declaration must accompany the motion and must specify: (1) the effect of the amendment; (2) why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for amendment was not made earlier. The Prozan Declaration does not c...

Excerpt: ...nuous accrual. However, Plaintiff's complaint fails to state facts supporting the application of these doctrines including the dates of repair attempts and Plaintiff's discovery of the factual basis for his claims. Therefore, Plaintiff has failed to allege facts demonstrating his ninth and tenth causes of action are timely. Ninth Cause of Action — UCL: Business and Professions Code S et seq ("UCL") prohibits unfair competition, which is defined...

Excerpt: ...esponded on May 10, 2023, providing point by point responses as to its discovery responses. aut GM did not provide a copy of the letter to the court. In the Reply, Plaintiff disputes that GM ever to Plaintiff's May 8, 2023 letter. Plaintiff filed this moton on June 14, 2023. If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure fully to answer the discovery requests. (Coy v. Superio...

Excerpt: ...d causes of action and GRANTED as to the fourth, fifth, sixth, and seventh causes of action. " 'A motion for judgment on the pleadings is equivalent to a demurrer and is governed by the same de novo standard of review.' " (People ex rel. Harris v. Pac Anchor Transportation, Inc. (2014) 59 Cal.4th 772, 777; see Marzec v. Public Employees' Retirement System (2015) 236 Cal.App.4th 889, 900 '[b]ecause a motion for judgment on the pleadings is the fun...

Excerpt: ...ays' leave to amend. As for Defendant State of California, the Demurrer is sustained without leave to amend, but without prejudice to Plaintiff filing a motion for leave to amend. Defendants' Motion to Strike is moot. The Court finds Defendants adequately met and conferred prior to filing their Demurrer and Motion to Strike. Governor Newsom and Director Johnson Contrary to Plaintiff's claim, on March 16, 2023, the Court sustained Governor Newsom ...

Excerpt: ...leading, not the truth of the factual allegations in the pleading or the pleader's ability to prove those allegations. (Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1404- 05.) The first cause of action for general negligence alleges that on October 25, 2022, Arther K. Masaoka rented a self-storage space from Defendant. (Complaint, p. 4.) Plaintiff alleges Defendant denied Plaintiff Hunter (Masoka's conservator) her right of access to t...