Excerpt: ...responses for the discovery at issue, except for the special interrogatories and requests for production addressed below. (Opp. at pp. 2-3, & fn. 1.) To the extent Defendants have not already served the agreed-to supplemental responses, Defendants are ordered to serve them within 20 days of the notice of ruling. Special Interrogatories to Defendants SNP Pharmacy and Bentzion Mandelbaum In nos. 1 and 8, Plaintiff asked SNP Pharmacy to identify “...

Excerpt: ... the order must contain six specific provisions. The court set a hearing on an order to show cause re: dismissal for July 1, 2022. (4/8/2022 Minute Order.) On April 11, 2022, Defendants submitted the proposed order. (ROA 81.) On April 12, 2022, the court signed the proposed order with changes. Specifically, the order provided in part: “Upon payment of all necessary fees required by law, this matter is transferred to the Superior Court of Califo...

Excerpt: ...her interests and her own claim in that her Santa Clara Superior Court case overlaps with Silva's claim. Her claim would arguably be extinguished by the proposed settlement. Arreola filed her Complaint-in-Intervention on August 18, 2022 (ROA 83). On September 6, 2022, Defendant filed a notice of related case, identifying Gary Miller v. Premier Automotive of Seaside, LLC, Case NO. 21CV003719 and Jamie Bridges v. Premier Nissan of San Jose, LLC, Ca...

Excerpt: .... allow a party to amend any pleading.” (CCP § 473(a)(1).) “[C]ourts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial.” (Magpali v. Farmers Group, Inc. (1996) 48 Cal.App.4th 471, 487.) But the policy of liberality does not apply “[w]here inexcusable delay and probable prejudice to the opposing party is shown.” (Estate of Murphy (1978) 82...

Excerpt: ...gs on the complaint of plaintiffs Matthew Manning, Jr., Kaeyln Manning, Julia Manning, and Paige Manning (through her guardian ad litem, Erica Mitchell). The motion is DENIED. Defendants' request for judicial notice is GRANTED. I. Background As explained in prior orders and judicially noticeable documents: This case arises from a 2014 automobile accident that resulted in the death of Matthew Manning, plaintiffs' father. In 2015, the Mannings file...

Excerpt: ...Proc., § 1281.2; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) If the moving party meets this burden, the burden shifts to the resisting party to prove by a preponderance of evidence a ground for denial (e.g., fraud or unconscionability). (Villacreses, 132 Cal.App.4th at 1230.) Application of the FAA The party asserting the FAA applies to an agreement has “the burden to demonstrate FAA coverage by declarations and other evidence....

Excerpt: ... of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case, except for special defenses which may be tried first pursuant to Sections 597 and 597.5. The court, on its own motion, may make such an order at any time…” (Emphasis added.) S...

Excerpt: ...ich includes exhibits attached and incorporated therein) or from matters outside the pleading which are judicially noticeable under Evidence Code sections 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. (Le...

Excerpt: ... demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint. (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 sections 451 or 452. Although California courts take a liberal view o...

Excerpt: ...ion as a petition under California Code of Civil Procedure, section 1281.6 to appoint an arbitrator. Plaintiffs and defendants are to submit a joint list of arbitrators to the court within fifteen days. From that list, the court will nominate five arbitrators and advise the parties by minute order. The parties shall have five days from receipt of the nominated list to agree upon an arbitrator, or the court will assign the arbitrator to arbitrate ...

Excerpt: ...ading in the court's file for this action. For such a document, the request for judicial notice is unnecessary. “[A]ll that is necessary is to call the court's attention to such papers.” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 9.53.1a.) Under the Civil Authority provision in its insurance policy with Defendant, Plaintiff seeks coverage for lost donations and income sustained as a result of t...

Excerpt: ...er 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 the 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) sh...

Excerpt: ...t agreement is directed, rather than ‘amended settlement agreement', to avoid use of limited Court time and resources. As to the Settlement 1. Plaintiff must provide to the Court all PAGA Notice letters to the LWDA. 2. The Class release should be simplified and limited to “any and all claims, … pleaded or that could have been pleaded, based on the facts alleged in the Operative Complaint.” 3. Similarly, the PAGA release should be limited ...

Excerpt: ...parently since 2013 at the latest) and the plaintiff (and the homeowner's association) lost all contact with them, the plaintiff remained on the property and paid all costs, fees, and taxes associated with ownership. The defendants filed a verified answer to the complaint on June 10, 2022. (See ROA 36.) It was verified solely by Kumiko Kojima. The other defendant, Masami Kojima died May 12, 2022, and Kumiko Kojami was substituted in as successor-...

Excerpt: ...ing text); Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 839 (citing text). A court may not make credibility determinations or weigh the evidence on a motion for summary judgment or adjudication, and all evidentiary conflicts are to be resolved against the moving party. McCabe v. American Honda Motor Corp. (2002) 100 Cal.App.4th 1111, 1119. Here, Illusions seeks summary judgment in its favor and against Plaintiff, Mischa Denton (“Pla...

Excerpt: ...for Judicial Notice (ROA No. 47) is GRANTED, pursuant to Evidence Code sections 452(d) and 452(h). Similarly, Plaintiff's Request for Judicial Notice (ROA No. 71) is GRANTED, pursuant to Evidence Code section 452(d); however, the Court takes judicial notice only of the identified documents, not the summary of the documents offered by Plaintiff. First Cause of Action – Breach of Contract To prevail on a breach of contract claim, a plaintiff must...

Excerpt: ...ng compliance with it upon those terms or conditions as the court shall declare, including protective orders. Here, the Court finds that the subpoena should not be quashed but should be modified as to any tax records that may be within the scope of the subpoena, and that a protective order should issue, limiting the use of the materials to be produced in response. As a preliminary matter, the Motion correctly observes that for the subpoena at iss...

Excerpt: ... not relevant the Court's ruling. ROA 53. Relevant Law. “The threshold question presented by every petition to compel arbitration is whether an agreement to arbitrate exists. The party seeking to compel arbitration bears the burden of proving by a preponderance of the evidence an agreement to arbitrate a dispute exists.” (Trinity v. Life Ins. Co. of N. Am. (2022) 78 Cal. App. 5th 1111, 1120, citations omitted; Code Civ. Proc. § 1281.2.) Whil...

Excerpt: ... the Custodian of Records for Alaska National to appear for deposition on a mutually agreeable date that is within 20 days of this order. Pursuant to CCP section 1987.1, the Court may, upon motion reasonably made by a party to the action, issue an order compelling compliance with a subpoena. Additionally, pursuant to CCP section 2025.480(a), “[i]f a deponent fails to answer any question or to produce any document…that is specified in the depo...

Excerpt: ...son for deposition on December 29, 2022. Accordingly, the Court DENIES the motion to compel an in-person deposition of Plaintiff as MOOT. The issue of sanctions remains. Defendant seeks monetary sanctions in the amount of $11,885 pursuant to Code of Civil Procedure sections 2025.450, 2023.030, and 2023.010. Plaintiff contends Plaintiff acted with substantial justification and the amount of sanctions sought is exorbitant and excessive. “The cour...

Excerpt: ...putated, presumably due to diabetes. Plaintiff claims no wheelchair ramp was available at the motel and he was forced to step up a curb with his left leg, which somehow caused an injury to his left leg that resulted in amputation. Therefore, Plaintiff's complete historical treatment for diabetes is crucial to this case. On February 23, 2022, Excelsior served Special Interrogatories, Set One to Plaintiff. This set included Special Interrogatories ...

Excerpt: ...2.1 through 12.5 are “Investigation – General” interrogatories which ask a responding party to identify witnesses to the incident, people who were interviewed regarding the incident, written statements concerning the incident, and photographs, films, videotapes, diagrams, and/or models of the incident. These FROG are generally for personal injury actions, however Plaintiff marked box (a)(1) for the definition of “Incident,” which states...

Excerpt: ...stay. Plaintiff Salvation Investment, LLC (Salvation), Plaintiffs West Coast Lending, Inc., Trenton Rhodes, and California Anchor Consulting, Inc. (collectively, West Coast Plaintiffs), Intervening Plaintiffs Norman Rockmaker, as Trustee of the Norbrite, Inc. Retirement Trust, Alice Noble, as Trustee of the Noble Family Trust dated 11/21/1983), Mike Rozenblatt as Trustee of the Manhattan Revocable Trust dated 4/16/2013 and Eric Windeman (collecti...

Excerpt: ...�Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” (Id. § 1032, subd. (a)(4).) Pursuant to section 1033.5, subdivision (c), “(1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall...

Excerpt: ...dent's successor in interest under this article, shall execute and file an affidavit or a declaration under penalty of perjury under the laws of this state stating all of the following: (1) The decedent's name. (2) The date and place of the decedent's death. (3) “No proceeding is now pending in California for administration of the decedent's estate.” (4) If the decedent's estate was administered, a copy of the final order showing the distribu...