Excerpt: ...et of Requests for Production is DENIED. (1) Form Interrogatories: Plaintiffs seek Defendant Brennan's further responses to Form Interrogatory Nos. 15.1, 17.1, 50.1-50.6. Interrogatory No. 15.1: This interrogatory asked the factual basis, identification of any supporting documents, and witnesses for all asserted affirmative defenses.  Defendant's responses are inadequate, incomplete, and/or evasive; and his boilerplate objections appear to be ...

Excerpt: ...of James Kim is OVERRULED Defendants' Marshall B. Ketchum University, Edward Fisher, and Monica Trivedi's Motion for Summary Judgement is DENIED. Their Motion for Summary Adjudication is also DENIED. The Court considers this as a Motion for Summary Judgment only. To the extent the Separate Statement purports to support a motion for summary adjudication, it does not comply with California Rule of Court Rule 3.1350(b). The “issues” are not stat...

Excerpt: ...gment pursuant to the terms of the settlement. If requested, by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” Weddington Productions, Inc. v. Flick (1998) 60 Cal.App.4 th 793, 809-811, states, “Section 664.6 was enacted to provide a summary procedure for specifically enforcing a settlement contract without the need for a new lawsuit. [Citati...

Excerpt: ...tion for Right to Attach Order and Writ of Attachment as to The Steven Martin Rees and Ann Marie Rees Revocable Trust, filed on 5-1-19. The court's 5-1-19 Minute Order deemed the Ex Parte Applications as the moving papers. Code of Civil Procedure section 484.040, states, “No order or writ shall be issued under this article except after a hearing. At the times prescribed by subdivision (b) of Section 1005, the defendant shall be served with all ...

Excerpt: ...e following: [¶] (a) A copy of the summons and complaint. [¶] (b) A notice of application and hearing. [¶] (c) A copy of the application and of any affidavit in support of the application.” “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” (Cal. Rules of Court, rule 3.1300(c).) “ . . . [A]n attachment may be issued only in an action on a claim or claims for mo...

Excerpt: ...atories is GRANTED, in part, as follows. Plaintiff Jeff Schwartz: As to Form Interrogatory No. 17.1, the Motion is DENIED. Plaintiff's response to RFA Nos. 40-44 are code compliant. Plaintiff did not refuse to apply the provided definition of the term “SHORT SALE.” (SeeAnalysis below re RFAs.) As to Special Interrogatory No. 46, the Motion is DENIED. This request is overly broad in scope and time frame. As to Special Interrogatory No. 48, the...

Excerpt: ...gligence cause of action [are] duty, breach of duty, proximate cause and damages. [Citations.]” (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614; Berkley v. Dowds (2007) 152 Cal.App.4th 518, 526.) “A plaintiff ‘must allege a causal connection between the negligence ... and the injury he suffered …. [W]here the pleaded facts of negligence and injury do not naturally give rise to an inference of causation the plaintiff must plead specif...

Excerpt: ... must weigh two interrelated factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. “The trial court's determination must be guided by a mix of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must be shown on the other to support an injunction. Of course, the scope o...

Excerpt: ...ed by the court's order. (See Harris v. Wachovia Mortg. (2010) 185 Cal.App.4th 1018, 1023.) This Court previously sustained without leave to amend Plaintiff's cause of action for breach of contract, and Plaintiff did not move for leave to add any additional cause of action prior to filing the First Amended Complaint (“FAC”). (See Code Civ. Proc., § 472.) Thus, the first cause of action is hereby stricken on the court's order. The general and...

Excerpt: ... requirements are similar to negligence but stricter. (See Snider v. Whitson (1960) 184 Cal.App.2d 211, 214-215.) The elements for a willful misconduct claim include the same elements of any negligence cause of action, i.e. duty, breach of duty, proximate cause, and damages (Id.), as well as additional elements: No claim of willful misconduct can be stated without alleging the specific act or omission that caused the injury. (Id. at p. 215). In a...

Excerpt: ..., § 831.4, the County is immune from liability, injuries caused by a physical defect of a recreational trail. Montenegro v. City of Bradbury (2013) 215 Cal.App.4th 924, 929. Trail Immunity: Gov. Code, § 831.4 provides that “A public entity, public employee, or a grantor of a public easement to a public entity for any of the following purposes, is not liable for an injury caused by a condition of: (a) Any unpaved road which provides access to ...

Excerpt: ...nce; (3) defendant's breach; and (4) damages to plaintiff as a result of the breach.” (Miles v. Deutsche Bank National Trust Company (2015) 236 Cal.App.4th 394, 402.) In its SAC, Plaintiff alleges that after receiving medical services in Mexico, third-party Howard Hamilton assigned to Plaintiff his right to payment under his health insurance policy with Defendant. However, the insurance plan prohibits assignments of the type pleaded. Specifical...

Excerpt: ...viously granted by this court 03/20/2019. Defendants do not object to the FAC on that ground and instead attack the three new causes of action pursuant to Code of Civil Procedure Section 430.10(e). The FAC pleads causes of action for cancellation of instruments, wrongful foreclosure, and slander of title. All three causes of action are based on the allegation that the 2007 Deed of Trust, the 2015 Assignment of Mortgage, and the subsequently recor...

Excerpt: ...rtainty is overruled. Plaintiff shall have 15 days leave to amend. Plaintiff's requests for judicial notice are granted. First Cause of Action for Negligent Supervision To establish a claim of negligent supervision, a plaintiff must prove the traditional elements of actionable negligence. (Thompson v. Sacramento City Unified School Dist., 107 Cal.App.4th 1352.) To prevail on an action in negligence, the plaintiff must show that the defendant owed...

Excerpt: ...Cause of Action (Battery) The elements of a cause of action for battery are: (1) the defendant touched the plaintiff, or caused the plaintiff to be touched, with the intent to harm or offend the plaintiff; (2) the plaintiff did not consent to the touching; (3) the plaintiff was harmed or offended by the defendant's conduct; and (4) a reasonable person in the plaintiff's position would have been offended by the touching.” (Carlsen v. Koivumaki (...

Excerpt: ...ion alleged in the SAC are beyond the scope of the Court's order sustaining Brokers' demurrer to the FAC with leave to amend and (2) in any event, all claims are barred by the applicable statute of limitations. Brokers' request the Court to take judicial notice of the notice of ruling on their demurrer to the FACT and their meet and confer declaration filed in this action. This request is denied because it is unnecessary to ask the court to take ...

Excerpt: ... statements of law” is without merit. Interrogatories may properly ask about a party's contentions of fact or law, and the facts, witnesses, or writings on which these contentions are based. CCP §2030.010(b); Burke v. Superior Court (1969) 71 Cal.2 nd276, 281. Moreover, plaintiff included the statements of law in her complaint, although their inclusion was not authorized by CCP §425.10(a)(1) and (2). Having alleged these statements of law, pl...

Excerpt: ...make a determination that Plaintiff was discriminated against by Defendant or that Plaintiff was fired on the basis of her disability or inability to perform the duties required of her. The MSA seeks adjudication as to the Business Necessity affirmative defense. “Where the plaintiff is the moving party and the defendant relies upon an affirmative defense, it is incumbent upon a moving party plaintiff . . . to show that there is no material fact...

Excerpt: ... identification of witnesses to “the incident.” But that term here is quite broad, as MP stayed at Hospital for 10 days. Hospital responded under C.C.P. § 2030.230, which allows records to be produced where a compilation would otherwise be required. Hospital has also shown that it produced roughly 1300 pages reflecting the entire record, offered to assist in identifying any personnel identified therein, and agreed to provide addresses and ph...

Excerpt: ...rom Tara Hill (owner of the premises where the interaction occurred). The third motion is another motion to quash by specially appearing defendant Albaro Parada, claiming he was not effectively served. This Court will take each in turn. Discovery Motions – Granted Defendant Chief Financial Services first seeks an order compelling a further response to Form Interrogatory number 4.1 regarding available insurance coverage for the incident. Co-defe...

Excerpt: ...on acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP §§ 2030.290(c) and 2031.300(c) (emphasis added).) The burden is on the losing party to prove justification or circumstances that establish sanctions would be unjust. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1441.) Plaintiff has failed to meet his burden. Plaintiff argues monetary sanctions are unju...

Excerpt: ...on acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (CCP §§ 2030.290(c) and 2031.300(c) (emphasis added).) The burden is on the losing party to prove justification or circumstances that establish sanctions would be unjust. (Mattco Forge, Inc. v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1441.) Plaintiff has failed to meet his burden. Plaintiff argues monetary sanctions are unju...

Excerpt: ...eal Estate Investment Brokerage Co. v. Woodman Investment Group (2005) 129 Cal.App.4th 508, 513.) A court may not, however, award costs in the judicial proceeding to confirm an arbitration award that should have been sought and awarded, if at all, in the arbitration. “ ‘Absent an express and unambiguous limitation in the contract or the submission to arbitration, an arbitrator has the authority to find the facts, interpret the contract, and a...

Excerpt: ...Retail North America, Inc. (9th Cir. 2015) 803 F.3d 425, 429 (holding that Iskanian governs PAGA claims even when the agreement is controlled by the FAA); Mandviwala v. Five Star Quality Care, Inc. (9th Cir. 2018) 723 F. App'x 415, 417-418 (same); and Whitworth v. SolarCity Corp. (N.D.Cal. Aug. 21, 2018) 2018 WL 3995937 (same). Defendant also argues that Plaintiff's PAGA claim must be compelled to arbitration because Plaintiff seeks, in part, unp...

Excerpt: ... owed to the aggrieved employees will be paid to the participating class members. PAGA claims are subject to a one- year statute of limitations while the class wage and hour claims are subject to a four-year statute of limitations. This means there may be class members who cannot be “aggrieved employees” as they were not employed within the proper time frame. Such employees are not entitled to payment of the LWDA penalties as the statute requ...