Excerpt: ...re, the motion is d enied, without prejudice, for the same reasons as set forth in the Court's March 7, 2024 and March 28, 2024 Minute Orders on Defendants' motion to deem the truth of the matters in Request for Admissions, Set One, admitted and motion to compel responses to Demand for Production of Documents, Set One. (See ROAs 90 and 94.) On June 21, 2023, Defendants served written discovery by mail on Plaintiff, including the instant Form Inte...

Excerpt: ...ealth (together, the “State Defendants”), demur to plaintiffs Uber Technologies, Inc., Uber USA, LLC, Rasier -CA, LLC, Rasier, LLC and Portier, LLC's complaint. Defendants LaShon Hicks, James Jordan, Roberto Moreno and Karen VanDenBerg (together, the “Driver Defendants”) also demur to plaintiffs' complaint. For the following reasons, the demurrers are sustained without leave to amend. Background 5 6 implement and maintain an Injury Illnes...

Excerpt: ...party desiri ng to obtain discovery by a second physical examination or mental examination must obtain leave of court. (Code Civ. Proc., § 2032.310(a).) The motion must be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2032.310(b).) The Court “shal l” grant the motion only upon a showing of good cause. (Code Civ. Proc. §2032.320(a).) The within action arises from an auto accident that occurred on 8/20/20. The complaint w...

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: ...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: ...hin 15 days. Demurrer Movin g Defendants demur to the fifth and sixth causes of action in the complaint on the ground said causes of action fail to state a claim and are uncertain. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long -settle d rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We a...

Excerpt: ...nBerg (together , the “Driver Defendants”) also demur to Lyft's complaint. For the following reasons, the demurrers are sustained without leave to amend. Background On August 1, 2022 Cal/OSHA issued three citations to Lyft alleging that Lyft failed to establish, impleme nt and maintain an Injury Illness and Prevention Program and written COVID -19 Prevention Program, and failed to maintain records. Complaint (ROA 2) ¶ 33; State Defendants' R...

Excerpt: ...fact the operativ e complaint is the First Amended Complaint. The court also notes that Plaintiff filed two identical oppositions to the Demurrer. In the notice of motion, Defendant argues that Plaintiff lacks standing to bring the action. Defendant also argues that the complaint is uncertain because Plaintiff failed to allege whether the actions are brought on Plaintiff's behalf or on the corporation's behalf and, to the extent that they were b...

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: ... the weight and credibility of these matters, and rules as follows: Plaintiff Pure Dermatology's motion for preliminary injunction is denied. “A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to preva il on the merits at trial, and (2) the ‘interim harm' to that party if an injunction is denied is greater than ‘the [interim] harm the [opposing party] is likely to suffer if t...

Excerpt: ... forms part of the defendants' back yard wall. The plaintiffs recently purchased the house and obtained a survey whereupon they discovered that the three -foot area in plaintiff's back yard is actually their property. Plaintiffs submit evidence that their detached garage has experienced repeated water intrusion as a result of dirt being up against the side of their garage to a level approximately 1.5 feet above their garage floor. Plaintiffs all...

Excerpt: ...ly found tha t defendant Cutler is subject to the Page 5 of 21 Court's personal jurisdiction in its November 17, 2023 Minute Order and that Defendant has not met his burden for reconsideration. A motion for reconsideration must be filed within 10 days of service of n otice of entry of the order in question. (Code Civ. Proc., § 1008(a).) However, “the trial court retains the inherent authority to change its decision at any time prior to the en...

Excerpt: ...tiary objections to the De claration of Robert Dale Beaver are OVERRULED. Plaintiff's request for judicial notice of Orange County Ordinance 2183 and the Court's 04 -0722 minute order is GRANTED. (Evid. Code, § 452(b), (d).) Steven and Robert purchased the Pine Place property in 1 988 as joint tenants. Steven subsequently moved out in 1989 or 1990. Robert claims that in 1992, he and Steven agreed that Steven would grant Robert his entire interes...

Excerpt: ...ust be such that the mo ving party could not, with reasonable diligence, have discovered or produced it at the trial.” (New York Times Co. v. Sup.Ct. (Wall St. Network, Ltd.) (2005) 135 Cal.App.4th 206, 212 -213.) The party seeking reconsideration must also provide a satisfactory explanation for failing to present the information at the first hearing; i.e., a showing of reasonable diligence. (Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 690; C...

Excerpt: ...smiss that case? If so, when? If not, how do the parties propose to resolve that case? 2. The amount of attorneys' fees requested exceeds the “not to exceed” amount approved in the court's a. Counsel's information should be removed from the caption page; b. The caption and other references in the proposed order and judgment to the “class action settlement” should be revised to state “class action and PAGA settlement”; c. The proposed ...

Excerpt: ...Defendant Co ldwell Banker Realty's demurrer is OVERRULED as to the fourth cause of action. The demurrer of Defendants Marlene Goren, Shari Ten Eyck, and Ten Eyck Real Estate to the eight cause of action is OVERRULED. The motions to strike the punitive damages allegations are DENIED. Facts/Overview On November 13, 2023, Plaintiff Charles Castro filed the operative Second Amended Complaint against Defendants: • Cies Family Trust, the owner of a...

Excerpt: ...on the same grou nds it now demurs on as to the SAC. The court overruled Defendant's prior demurrer. [ROA #95.] There is a split of authority among case law on the question whether a defendant may demur to an amended complaint on the grounds that were overruled on a dem urrer to the prior complaint. See Bennet v. Suncloud (1997) 56 Cal. App. 4th 91, 96 -97; Pacific States Enterprises, Inc. v. City of Coachella (1993) 13 Cal. App. 4th 1414, 1420,...

Excerpt: ... 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 defendant of what plaintiff is complaining, ...

Excerpt: ...cords are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum.” (Code Civ. Pro c., § 1985.3, subd. (g).) “Personal records” include “any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are ma...

Excerpt: ...ses of action and grant ed as to the 11th cause of action. Defendants' objections are sustained as to nos. 1, 6, 7, 11, 16, and 17 - 19 and overruled as to nos. 2 - 5, 8 - 10, and 12 - 15. Plaintiff's request for judicial notice is granted. A “party moving for summary judgment be ars an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact…” (Aguilar v. Atlantic Richfield Co. (...

Excerpt: ...pposition t o this Motion was filed before that admonition. A. Legal Standard Where the statutory requirements are met, the court may, upon motion, enter judgment pursuant to the terms of a settlement agreement. (CCP §664.6). Before enactment of CCP § 664.6, whe n a settlement broke down, the party seeking to enforce it either had to (a) file a separate lawsuit for breach of contract or (b) seek leave to file a supplemental pleading (to alle...

Excerpt: ...ne [ROA # 1024 ], and Exhibits B, C, I, J, K, L, M, and N to the Wayne Declaration [ROA # 1025 -1032], are sealed. Statement of Law “Unless confidentiality is required by law, court records are presumed to be open.” (Cal. Rules of Court, rule 2.550(c); In re Marriage of Tamir (2021) 72 Cal.App.5th 1068, 1079.) “A record must not be filed under seal without a court order. The court must not permit a record to be filed under seal based sol...

Excerpt: ...relevant, 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. § 436. “Irrelevant” matters include: allegati ons 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...

Excerpt: ...ion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike.”].) On April 10, 2024, Defendant The Summit At Turtle Ridge Communi ty Association WITHDREW its Demurrer and Motion to Strike. Defendant MLG Assessment Recovery LLC's Demurrer remains on calendar but it is MOOT since Plaintiff timely filed...

Excerpt: ... (c) [“official ac ts”]; Commercial Union Assurance Co. v. City of San Jose (1982) 127 Cal.App.3d 730, 740, citing Chas. L. Harney, Inc. v. State of California (1963) 217 Cal.App.2d 77, 85 -86 [court may take judicial notice of government claims and any response as “official acts”].) 4th cause of action: declaratory relief. Petitioners' 4th cause of action seeks a declaration that the emergency laws and orders that were in effect during t...

Excerpt: ...ential to justify oppositio n may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” (Code Civ. Proc., § 437c(h).) “When lack of diligence results in a party's having insufficient information to know if facts essential to justify opposition may exist, and the party is therefore unable to p...

Excerpt: ...mplaint (FACC). The motion also requests summary adjudication of the first cause of action for common counts in the Law Firm's complaint. The motion is MOOT as to Jocelyn Plummer because the Court entered judgment on the FACC in favor of Jocelyn Plummer on 4/4/24 after sustaining her demurrer without leave to amend. As to the remaining Movants, the motion is DENIED in its entirety. Movants' request for judicial notice (ROA 1356) is granted as to...

Excerpt: ...ctions are preserved for appeal. In the operative Third Amended Complaint, Breakaway asserts causes of action against Hoorizadeh and White Ridge for fraud (second cause of action), negligent misrepresentation (fourth cause of action) and aiding and abetting fraud (seventh cause of action). Meridian asserts causes of action against Hoorizadeh and White Ridge for fraud (first cause of action), negligent misrepresentation (third cause of action), a...

Excerpt: ...d Code of Civ il Procedure section 437c(c) states, “(c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. In de termining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to...

Excerpt: ..., § 2023.030; Cedars– Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12, 74 Cal.Rptr.2d 248, 954 P.2d 511.) As relevant here, misuses of the discovery process include “[f]ailing to respond or to submit to an authorized method of discovery” (Code Civ. Proc., § 2023.010, subd. (d)); “[m]aking, without substantial justification, an unmeritorious objection to discovery” (id., § 2023.010, subd. (e)); “[m]aking an evasive r...

Excerpt: ...otice of this ru ling. If a timely motion to compel has been filed, the responding party has the burden to justify any objection or failure fully to answer the discovery requests. (Coy v. Sup.Ct. (Wolcher) (1962) 58 Cal.2d 210, 220 -221 [re: interrogatories]; Kirkland v. Su perior Court (2002) 95 Cal.App.4th 92, 98 [burden shifts to objector after good cause shown for RFPs]; Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733 [pa...

Excerpt: ...jections ( ROA 1122) as immaterial to the Court's ruling but the objections are preserved for purposes of appeal. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 526 [“the trial court's failure to rule expressly on any of Google's evidentiary objections did not waiv e them on appeal”]) On 12/6/22, the Court sustained Movants' demurrer to the fourth, fifth, and sixth causes of action against Movants in the TAC. Movants seek summary judgm...

Excerpt: ...pplies? D efendants contend that the Federal Arbitration Act (“FAA”) applies to this action because the Mutual Agreement to Arbitrate Claims expressly states that “[t]he Federal Arbitration Act (9 U.S.C. § 1 et seq.) (‘FAA') governs this Agreement, which evidences a transaction involving commerce.” (See Gralak Decl., ¶ 10, Exh. A, p. 1, lines 4 -5). Defendants also present evidence that Defendant HEARTLAND operates more than 62 health...

Excerpt: ...ment. (See Govt. Code §§ 911.2(a) and 945.4 [setting forth claims presentation requirements].) The FAC alleges Government Code section 905(m), which was amended by AB 218, exempts any requirement that Plaintiff comply with the claim presentation requirement. The District argues that the change to Government Code section 905(m) made by AB 218 was unconstitutional as an improper gift of public funds under Article XVI, section 6 of the California ...

Excerpt: ...gwick is ORDERED to se rve the Complaint-In -Intervention upon all parties within 30 days of filing the Complaint -In -Intervention. Proposed Plaintiff -In -Intervention Sedgwick moves for leave to file a Complaint -In -Intervention. Standard for Intervention A non- party, who is referred to as an “intervenor,” may become a party to an action or proceeding between other persons by: (1) Joining a plaintiff in claiming what is sought by the c...

Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...

Excerpt: ...the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights. Standard for Motion for Protective Order Civil Procedure Code section 2030.090 provides that: (b) The co urt, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppressi...

Excerpt: ...ness of the defect, the foreseeability of danger to Plaintiff, and the trivialness of the defect. Defendant's evidentiary objections are overruled. Basic Rules for Summary Judgment/Adjudication Under Code Civ. Proc. § 437, a party may move for summary adjudicatio n as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the c...

Excerpt: ...ez -Bass mov es for terminating sanctions and monetary sanctions against Defendant Roberto Francisco Gallegos (Defendant Gallegos). Standard for Monetary and Non- Monetary Discovery Sanctions The court may impose monetary, issue, evidence, terminating, or contempt san ctions against any person engaging in any misuse of the discovery process. (See Code Civ. Proc., § 2023.030, subds. (a) -(e).) Misuse of the discovery process includes, but is not ...

Excerpt: ... a termi nating sanction against anyone engaging in conduct that is a misuse of the discovery process by an order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process, an order staying further proceedings by that party until an order for discovery is obeyed, an order dismissing the action, or any part of that action, of that party, or an order rendering a judgment by default against tha...

Excerpt: ...der compelling a further response if the propounding party deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete. [¶] (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or th e required specification of those documents is inadequate. [¶] (3) An objection to an interrogatory is without merit or too general. (b)(1) A motion under subdivision (a) shal...

Excerpt: ...o Parikh are MOOT except for sanctions. The motion directed to Fazeli is GRANTED in part and DENIED in part. Motions Directed to Parikh (ROA 190 and 198) The oppositions indicate Parikh served verified substantive supplemental responses to the at issue discovery on February 7, 2024. (ROA 249 at Exhibit 3; ROA 251 at Exhibit 3.) The court thus deems these motions MOOT, except for the issue of sanctions. (Sinaiko Healthcare Consulting, Inc. v. Pac...

Excerpt: ...the lines of each page must be one and onehalf spaced or double spaced and numbered consecutively.” This discovery motion was continued from 3/18/2024 for additional meet -and -confer efforts. Plaintiff withdraws its Motion with respect to Request Nos. 7, 16, and 24 . (Witkow Decl., ¶ 4.) Defendant asserts supplemental responses were served to Request Nos. 4, 5, 6, 7, 16, 18, 19, 20, and 24, though there is no indication when. (Le Decl., ¶ 3....

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $25,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...itigation is p roposed to be filed, pursuant to Civil Procedure Code section 391.7. The court ORDERS that Petitioner Daniel Escamilla furnish security in the amount of $30,000.00 within 30 days of notice of this ruling, without prejudice to Respondents requesting an inc rease in the security at a later date. Petitioner Daniel Escamilla's Application for Permission to File A Longer Memorandum in Opposition to Defendant's Motion for Prefiling Ord...

Excerpt: ...to control the conduct of its m inisterial officers and of all other persons connected with its proceedings in furtherance of justice.” Doe v. Yim (2020) 55 Cal.App.5th 573, 581. California Rules of Professional Conduct, Rule 1.9 provides in pertinent part: “(a) A lawyer who has formerl y represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interest...

Excerpt: ...esponses t o Form Interrogatories – General, Set One, Number 17.1 within 21 days of service of the notice of ruling. Defendant Abir Cohen Treyzon Salo, LLP is ORDERED to serve full, complete, and verified responses to Special Interrogatories from Special Interrogato ries from Defendant Daniel Perales to Defendant Abir Cohen Treyzon Salo, LLP, Numbers 1, 2, 3, 4, 13, 21, and 23, as amended, within 21 days of service of the notice of ruling. Def...

Excerpt: ...es to Interroga tories Nos. 4.1, 15.1, 16.1, 17.1 and 50.1 - 50.6. Code of Civil Procedure section 2030.300, states, in part, “(a) On receipt of a response to interrogatories the propounding party may move for an order compelling a further response if the propounding par ty deems that any of the following apply: [¶] (1) An answer to a particular interrogatory is evasive or incomplete . . . [¶] (3) An objection to an interrogatory is without m...

Excerpt: ...dgment on the plea dings with respect to the Second Amended Complaint (SAC) filed by Plaintiff Jane Doe 7030. Standard for Motion for Judgment on the Pleadings A defendant may make a motion for judgment on the pleadings on the ground that the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Stevenson Real Estate Servs., Inc. v. CB Richard Ellis Real E...