Excerpt: ... by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demand...

Excerpt: ...uiet Title by Way of Easement by Necessity; (3) Third Cause of Action to Quiet Title by Way of Easement by Collateral Estoppel; and (4) Fourth Cause of Action to Quiet Title by Way of Equitable Easement. Evidentiary Objections: Davis' evidentiary objections to Ephland's evidence are OVERRULED as to Nos. 1-7. Ephland's evidentiary objections to Davis' evidence are SUSTAINED as to Nos. 1, 2 and 4-9 and OVERRULED as to No. 3. Requests for Judicial N...

Excerpt: ...the Servpro Defendants are entitled to summary judgment, because Plaintiffs failed to comply with the One-Year Contractual Statute of Limitations.” (Motion; 6:4-6.) To support the Motion, Defendants submit the Declaration of Vincent Lentini, Defendants' President. The declaration states, “When I was notified of this lawsuit, I conducted a diligent review Precision's file to find documents relating to the House and the work performed there by ...

Excerpt: ...st for amendment was not made earlier.” “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading….” (Code Civ. Proc., §§ 473, subd. (a)(1), 576.) The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Courts are bound to apply a policy of great liberality in permitting amendments to th...

Excerpt: ... A, B, and C. (Sosinsky v. Grant (1992).) “A demurrer tests the pleading alone, and not the evidence or the facts alleged. . . . To the extent there are factual issues in dispute, however, this court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (19...

Excerpt: ...an independent tort. On a conspiracy theory, defendants who did not commit the tort may be jointly liable with the immediate tortfeasors when they share with the immediate tortfeasors a common plan or design in its perpetration. (Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802, 823; Kenne v. Stennis (2014) 230 Cal.App.4th 953.) The complaint must allege acts that would have given rise to a tort cause of action w...

Excerpt: ...se expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4 th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” Perez v. Golden Empire Transportation Transit District (2012) 20...

Excerpt: ...o. v. Petersen (1964) 226 Cal.App.2d 725, 732, states, “Generally speaking, the determination whether an answer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. [Citation.]” “There are, however, certain important differences between these two kinds of demurrer. An important difference is that in the case of a demurrer to the answer, as distinguished from a demur...

Excerpt: ...27-21 Minute Order.) Plaintiff has brought a Motion for Waiver of Bond (filed on 5-11-21 under ROA No. 463) requesting the court to waive the bond ordered on 4-27-21. Code of Civil Procedure section 995.240 states, “The court may, in its discretion, waive a provision for a bond in an action or proceeding and make such orders as may be appropriate as if the bond were given, if the court determines that the principal is unable to give the bond be...

Excerpt: ... fails to state sufficient facts. Defendant's demurrer is sustained with 15 days leave to plaintiff to amend. Defendant argues:  The Court's 2-22-21 Minute Order sustained a demurrer to Plaintiff's 6th c/a for fraud by omission with leave to amend. People v. Clausen (1967) 248 Cal.App.2d 770, 785-786 Rather than amend the claim, Plaintiff brought a new claim of fraudulent inducement-intentional misrepresentation which has different elements th...

Excerpt: ... Procedure § 430.40, subdivision (a) provides: “A person against whom a complaint or cross-complaint has been filed may within 30 days after service of the complaint or cross-complaint, demur to the complaint or cross-complaint.” It lies within the Court's discretion whether to consider a demurrer to an answer filed after that time. (Code Civ. Proc. § 473; see McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 281- 282.) In McAlli...

Excerpt: ...ns as to Plaintiff Escamilla because she concedes she was terminated on November 20, 2018, which is over one year before this lawsuit was filed. (SAC, ¶ 22) The demurrer is sustained on this basis. Defendant also contends that the fifth cause of action fails because both Plaintiffs lack standing, given they are not current employees of Defendant. Remedies under Section 226(e), however, are not available only to current employees. The use of the ...

Excerpt: ...is for intentional infliction of emotional distress (“IIED”) against Defendant Kendra Klassen. The Court previously sustained the demurrer to Plaintiff's IIED claim with leave to amend. The FAC alleges that Defendant knew Plaintiff was unusually susceptible to emotional distress and that Defendant's inappropriate conduct in the therapeutic relationship was likely to exacerbate Plaintiff's condition. However, Plaintiff's allegations do not ris...

Excerpt: ... which was owned by Defendant Eskan, for a home remodel. On 10/10/17, Plaintiff was summoned by workers to the downstairs bathroom to answer a question about the project. Plaintiff alleges she slipped on an unsecured drop cloth placed on the stairs by the workers, sustaining a leg fracture. The workers in Plaintiff's home on 10/10/17 were apparently employed by a subcontractor of Bella. On 12/17/17, the principal of Defendant Eskan, which owned D...

Excerpt: ... on reply. Defendant's motion to strike is denied. Defendant's motion for protective order is denied. Plaintiff is awarded sanctions of $2,750 against Defendant, payable by Defendant within 30 days. Code Civ. Proc. §20025.420(h). Demurrer First Cause of Action for Wrongful Termination in Violation of Lab. Code §6311 In his moving papers, Defendant's only arguments for his demurrer to Plaintiff's first cause of action are that she did not allege...

Excerpt: ...on of these disputes. Motion, 3:12- 13; Denis Decl., ¶ 6. At the 2/2/2021 Status Conference, Plaintiffs represented to the Court that the parties were preparing a stipulation for binding arbitration and the Court ordered Plaintiffs to submit the parties' Stipulation for Binding Arbitration forthwith. The Court did not order the parties to stipulate to arbitrate the dispute. If an action was not commenced in the proper court, a party may move to ...

Excerpt: ...th 1282, 1287, 44 CR2d 335, 337 (citing text) (disapproved on other grounds in Aguilar v. Atlantic Richfield Co. (2001) 25 C4th 826, 107 CR2d 841); S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co. (2010) 186 CA4th 383, 388, 112 CR3d 40, 44.) 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 l...

Excerpt: ...r covenant; breach of any duty owed by the Company or to the Company by you; disclosure of trade secrets or proprietary information; improper use of Company property or equipment; personal or physical or emotional injury; fraud; misrepresentation, defamation, or any other tort claims; wages or other compensation due; penalties, benefits; reimbursement of expenses; discrimination or harassment, including but not limited to discrimination or harass...

Excerpt: ...iver's accounting is not sufficiently detailed as to its final fees and professional fees. The court requests that the receiver file the invoices supporting his fees and the fees of the professionals he hired with the court. Moreover, the court requests the Receiver provide a very brief explanation as to “Other Costs,” “Other G&A costs,” “Referral Costs,” and “Fixed Asset.” “Office supplies,” “Postage and Delivery,” and �...

Excerpt: ...ode Civ. Proc., § 1987.1, subd. (a).) Grounds for the motion include that the records sought are not within the permissible scope of discovery, are protected by privacy rights, are not relevant to the subject matter, or are unjustly burdensome or oppressive demands. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2021) ¶ 8:598.) A deposition subpoena that commands production of business records for copying “...

Excerpt: ...ce Code section 452, subdivision (d), because Defendants/Cross- Complainants have provided conformed copies of Exhibit Nos. 2 and 5. Although Defendants/Cross-Complainants did not provide conformed copies as to Exhibit Nos. 1, 3, 4, 6, and 7, the parties agreed that the court could consider these declarations as evidence provided by Defendants/ Cross-Complainants. (8-3-21 Minute Order.) The parties also agreed that the court could consider Mr. Li...

Excerpt: ... Trial Court Negligence Ruling Defendants operate or formerly operated the 2040 Site. In 2012, numerous defendants, including the moving Defendants here, moved for summary adjudication on the District's negligence claim on statute of limitations grounds. Judge Stock granted the motion as to most of the moving defendants, finding the District was on inquiry notice of groundwater contamination long before filing suit—for decades as to some defend...

Excerpt: ...an interrogatory is without merit or too general. (Code Civ. Proc., § 2030.300, subd. (a).) If a timely motion to compel has been filed, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Fairmont Ins. Co. v. Superior Court (2000) 22 Cal.4th 245, 255.) The interrogatories at issue ask for information as to the number of babies delivered at Orange County Global Medical Center between Ma...

Excerpt: ...n the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent surprise at trial). (Glenfed Develop. Corp. v. Superior Court (1997) 53 Cal.App.4th 1113, 1117; Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) ¶ 8:1495.6.) Declarations are generally used to show good cause. They mu...

Excerpt: ...urt may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discretion. (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 991.) Once a party is ordered by the court to provide responses to discovery, continued failure to respond may result in the impos...