Excerpt: ... nos. 20, 29, 33, 34, 35, 3647, 48, 49, 50, 58, 59, 60, and 61, and requests for production of documents nos. 1 -29. Plaintiff is ordered to serve all responsive documents within the same timeframe. A party may move to compel further responses to interrogatories on the grounds that the answer is evasive or incomplete, an exercise of the option to produce documents under Code Civ. Proc., § 2030.230 is unwarranted or the required specification of ...

Excerpt: ...their failure to comp ly with the court's 09/09/24 discovery order (ROA 156), was not “willful,” the court intends to grant the motions and to strike Defendants' answers (ROA 59, 60). CCP section 2023.030 outlines the various sanctions that may be imposed “against anyone engaging in conduct that is a misuse of the discovery process,” including: monetary sanctions, issue sanctions, evidence sanctions, a terminating sanction, and a contempt...

Excerpt: ...s exhibits attached a nd incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (...

Excerpt: ...fault on the part of the indemnitor and (2) resulting damages to the indemnitee for which the indemnitor is equitably responsible. (C.W. Howe Partners Inc. v. Mooradian (2019) 43 Cal.App.5th 688, 700 citing Bailey v. Safeway, Inc. (2011) 199 Cal.App.4th 206, 217.) Similarly, an equitable contribution claim does not arise from contract. (Crowley Maritime Corp. v. Boston Old Colony Ins. Co. (2008) 158 Cal. App. 4th 1061). Instead, the statutory rig...

Excerpt: ...ant's requests for the Co urt to take judicial notice of documents filed in this action is denied. It is unnecessary to ask the court to take judicial notice of materials previously filed in this case. A party may “simply call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2023) ¶ 9:53.1a.) Plaintiff's request for the Court to take judicial notice of the complaint fil...

Excerpt: ...nduct and the resulting injury; and (4) actual loss or damage resulting from the professional negligence. (Galvez v. Frields (2001) 88 Cal. App. 4th 1410, 1420; Borrayo v. Avery (2016) 2 Cal.App.5th 304, 310.) In a medical malpractice action, the evidence must be sufficient to allow the jury to infer that in the absence of the defendant's negligence, there was a reasonable medical probability the plaintiff would have obtained a better result. (Al...

Excerpt: ...ourt rules as follows . Dr. Kar's objections to Dr. Gorton's declaration are overruled. Applicable legal authority “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A “party moving for summary judgment bears an initial b...

Excerpt: ...is inherently equitable. (Code of Civil Proc. §§ 872.010 to 874.240.) Partition is a procedure for segregating and terminating common interests in a parcel, which allows cotenants to avoid the inconvenience and dissension that may arise from joint possession of land. (Cummings v. Dessel (2017) 13 Cal.App.5th 589, 596.) The Code of Civil Procedure requires that if the court finds that the plaintiff is entitled to partition, it must make an inter...

Excerpt: ...8) 169 Cal.App.4th 744, 7 6; Bell v. Greg Agee Construction, Inc. (2004) 125 Cal.App.4th 453, 459, fn. 2; Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4th 819, 831.) Second cause of action for California Invasion of Privacy Act Penal Code Section 638.51 Plaintiff alleged sufficient facts to state this cause of action. (Pen. Code, § 638.51; SAC, 2:4 -7 and ¶¶ 5, 33, 37, 50 -58, 78, 79, 81, 82, 84, 85, 87, 92 -96, 112, 116, 117,...

Excerpt: ...king into account the court holidays, in violation of CCP §1005. The unopposed requests for judicial notice are granted. (Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882 (“The court may in its discretion take judicial notice of any court record in the United States. This includes any orders, findings of facts and conclusions of law, and judgments within court records.”) This is an insurance cove...

Excerpt: ...r hearing and hear d the same time as the demurrer. (Cal. R. Ct. Rule 3.1322(b).) No first amended complaint has been filed. Plaintiff attempted to file an amended pleading on or about 7/30/24, but that document was rejected because it was untimely (ROA 28). (Code Civ. Proc., § 472.) Plaintiff is ordered to file his first amended complaint by 03/03/25. 2) Motion to Compel Production Plaintiff Xavier Garcia's motion to compel further responses fr...

Excerpt: ...eclines to rule on 1 a nd 5 pursuant to Code Civ. Proc., § 437c(q). “[F]rom commencement to conclusion, the party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) “A prima facie showing is one that is sufficient to support the position of the party in question.”...

Excerpt: ...de Civ. Proc., § 2025.450, subd. (a).) Nonetheless, it is u ndisputed that “the trial court has discretion to order the disclosure of [test] materials even if no statute authorizes it.” (Randy's Trucking, Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5th 818, 835 (Randy).) “[G]iven the trial court's broad discretion in discovery matters, the trial court nevertheless has the power to order disclosure of test materials and data to ...

Excerpt: ...ith the objections overruled and other directives below. The court finds Cross -Defendant Granier's meet and confer efforts sufficient under the circumstances. Objections Confidentiality/Protective Order In its moving papers, Granier objects that Cross -Complainants withheld documents on confidentiality ground yet dragged their feet in agreeing to a protective order. In their turn, Cross -Complainants point to Granier for the ultimate delay. A pr...

Excerpt: ...ations set forth in the c omplaint. (Lambert v. Carneghi (2008) 158 Cal.App.4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set for...

Excerpt: ...ard “The gene ral purpose of such an injunction is the preservation of the status quo until a final determination of the merits of the action.” (Continental Baking Co. v. Katz (1968) 68 Cal.2d 512, 528.) Code of Civil Procedure section 526, subdivision (a), sets forth the conditions upon which a preliminary injunction may be granted, including: “(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and ...

Excerpt: ... Defendants served and filed an untimely opposition. Plaintiff served and filed a timely and substantive reply without objecting to the untimeliness of the opposition. The Court exercises its discretion and considers the untimely opposition. General legal authority In both summary judgment and summary adjudication proceedings, the pleadings determine the scope of the relevant issues. (Port Medical Wellness, Inc. v. Connecticut General Life Ins. C...

Excerpt: ...ith the evidentiary rulings and other directives below. The court finds Cross -Defendant Granier's meet and confer efforts sufficient under the circumstances. Objections Confidentiality/Protective Order In its moving papers, Granier objects that Cross - Complainants withheld documents on confidentiality ground yet dragged their feet in agreeing to a protective order. In their turn, Cross -Complainants point to Granier for the ultimate delay. Eith...

Excerpt: ... entitling him or her to judgment. (CCP § 437c(p)(1); see Hunter v. Pacific Mechanical Corp. (1995) 37 Cal.App.4th 1282, 1287, (disapproved on other grounds by Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) This means that plaintiffs who bear the burden of proof at trial by a preponderance of evidence must produce evidence that would require a reasonab...

Excerpt: ...e); (b) knowledge of falsity (or "sci enter"); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage." (Lazar v. Superior Court (1996) 12 Cal.4th 631, 638; see also Engalla v. Permanente Medical Grow, Inc. (1997) 15 Cal.4th 951, 974.) Specific to a fraudulent concealment or omission claim, the plaintiff must allege: (1) the defendant concealed a material fact; (2) the defendant had a duty to disclose ...

Excerpt: ...y Crystal Clean, LLC and Bita Safari (“Safari”) (collectively, “Plaintiffs”). As an initial matter, Defendants' proof of service for their moving papers and reply did not include the server's email address. (Code Civ. Proc., 1013b, subd. (b)(1).) Plaintiffs served and filed an opposition without objecting to service. Subject to any objections regarding service of Defendants' reply, Defendants' motion for summary adjudication is granted. T...

Excerpt: ...f $278,972.50, enhanced with a 2.0 multiplier to $557,945; and, for entry of $1,832.50 in costs, per the costs memorandum filed on 7/17/24 (ROA 125). Respondents do not dispute that Petitioner is the prevailing party for the purpose of an award of reasonable attorneys' fees and costs under the statute, but they dispute the “reasonableness” of the amount of the attorneys' fees sought and contend that the lodestar figure should “be adjusted d...

Excerpt: ...damental authority for awarding costs in civil actions.'” (Brown v. Desert Christian Center (2011) 193 Cal.App.4th 733, 737 –738, citations omitted.) Code of Civil Procedure section 1032, subdivision (b), provides that a “prevailing party” is entitled to costs “as a matter of right.” The court has no discretion to deny prevailing party status to a litigant who falls within any of the four categories of “prevailing party” defined b...

Excerpt: ... Mechanical Corp. (1995) 37 Cal.App.4th 1282, 1287, (disapproved on other grounds by Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 Cal.App.4th 383, 388.) This means that plaintiffs who bear the burden of proof at trial by a preponderance of evidence must produce evidence that would require a reasonable trier of fact to find any underlying material fact more likely than not. ...

Excerpt: ....4th 1120, 1126.) The challenge is limited to the “four corners” of the pleading (which includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the...