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Excerpt: ...meaning of Code of Civil Procedure section 877.6. Cross‐Defendant Miller's Heating Air Conditioning and Sheet Metal, Inc.'s Motion for an Order Determining Good Faith of Settlement The unopposed motion is granted. Based on the standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate shares of liability for plai...

Excerpt: ...a derivative action the court may require plaintiff to post a bond if it finds “there is no reasonable possibility that the prosecution of the cause of action alleged in the complaint against the moving party will benefit the corporation or its shareholders.” (Corp. Code § 800(c)(1).) The action will have no benefit to the corporation or shareholders if plaintiff would be unlikely to prevail. Marble v. Latchford Glass Co. (1962) 205 Cal.App....

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Excerpt: ...thout substantial justification. Code Civ. Proc. §§ 2030.290(c), 2031.300(c), 2033.290(d). Motion to Compel Depositions Plaintiff's Motion to Compel Depositions is granted in part, and denied in part. The motion is denied as to the depositions of defendants' persons most qualified and technicians. Based on the current trial date, the discovery cut‐off date for non‐expert discovery has already passed. While the court may allow discovery proc...

Excerpt: ... 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court keeps these principles in mind when reviewing the complaint. Here, defendants are challenging the first cause of action for fraud eighth cause of action for breach of contract against defendant David Hood, and the ninth cause of action for constru...

Excerpt: ...rywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) Defendant has failed to show a sufficient basis to sustain the demurrer as she primarily asserts factual disputes rather than pleading deficiencies. The court must accept all facts pled in the complaint as true. (Blank v. Kirwan, supra, at p. 318.) The complaint complies with Code of Civil Procedure section 1166 as (1) the complaint has been verified, (2) the facts for which recovery is ...

Excerpt: ...truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The allegations within the cross‐complaint are too conclusory and fail to sufficient allege facts to support any of the claims for ind...

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Excerpt: ... The court requests supplemental briefing on the following issues: (1) Further legal analysis on the issue of whether costs may be awarded to a prevailing party where the actual costs have not been established and the cost memorandum is based upon an estimated amount of costs; (2) Whether the issue of costs for the real parties is ripe in light of the intertwined administrative cost issues associated with the consolidation of this case and League...

Excerpt: ...icy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” Rowe v. Exline (2007) 153 Cal.App.4th 1276, 1282; Laswell, supra, at p. 1405. Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396. It is the petitioner that carries this initial bur...

Excerpt: ...ichfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Id. Plaintiff sets forth evidence showing that defendant entered into a written credit card account agreement with plaintiff, that plaintiff co...

Excerpt: ...om Sutter Roseville Hospital and Roseville Police Department relating to events involving decedent on the evening of October 16, 2017. Pursuant to this qualified protective order, plaintiff and all parties to this action are: (1) Prohibited from using or disclosing the protected health information of Natasha Reedy for any purpose other than the instant litigation; and (2) Required to return or destroy any protected health information of Natasha R...

Excerpt: ...derson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Defendants demur to the second cause of action for negligent hiring, third cause of action for battery, and eighth cause of action for intentional infliction of emotional distress. Each of the challenged causes of action is ba...

Excerpt: ...).) The moving party bears the initial burden of establishing that one or elements of a cause of action cannot be established or there is a complete defense to the cause of action. (Id. at 437c(p)(2).) Only when this initial burden is met does the burden shift to the opposing party to establish a triable issue of material fact. (Ibid.) In reviewing a motion for summary judgment, the trial court must view the supporting evidence, and inferences re...

Excerpt: ...with this clarification regarding the posture of the case. The court makes no determination as to the legal validity of plaintiff's private representation allegations related to the UCL and CRLA claims in light of Proposition 64, passed in 2004, and absent PAGA allegations under the Labor Code. Ruling on Motion The motion is granted in part. A protective order is issued as to plaintiff's requests for admissions and special interrogatories, limiti...

Excerpt: ...allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Defendant challenges the sufficiency of relator's qui tam claim. In her complaint, relator alleges she is a former nurse assistant that was employed by defendant...

Excerpt: ...e purpose of discovery sanctions is to prevent abuse of the discovery process and correct problems presented. (Do v. Superior Court (2003) 109 Cal.App.4th 1210, 1213‐1214.) It is not a weapon to provide for punishment, forfeiture, or avoid of trial on the merits. (Ibid.) The totality of the circumstances surrounding the discovery violations are considered when ordering terminating sanctions: (1) whether the party's conduct was willful; (2) the ...

Excerpt: ...ly noticed motion, to file a cross‐complaint. ...

Excerpt: ...n a judgment in favor of the party. (Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468.) Once a plaintiff proves its prima facie case, the burden of proof shifts to the defendant to prove material facts. (Code of Civil Procedure section 437c(p)(1).) Plaintiff's complaint alleges causes of action for breach of contract; account stated; services rendered; and quantum meruit. Plaintiff's submitted evidence is limited to requests for a...

Excerpt: ...d discovery that “Kidd Towing”, the entity which filed the prejudgment claim of right to possession and entered into a stipulation for entry of judgment with plaintiff, is a corporation identified as Kidd Automotive & Tow with the California Secretary of State. It is well established that a corporation cannot appear in court with legal representation. Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724; Caressa Camille, Inc. ...

Excerpt: ... constitute a cause of action. Code Civ. Proc. § 430.10(e). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or accuracy of described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. Plaintiffs' first ...

Excerpt: ...s or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The allegations in the pleadings are deemed to be true no matter how improbable the allegations may seem. Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless th...

Excerpt: ...for leave to amend, plaintiff sets forth numerous facts which she would add to the amended complaint to buttress the claim. The court takes no position at this time as to whether the proffered facts are sufficient to state a valid cause of action for elder abuse. Plaintiff is granted leave to amend. Any amended complaint shall be filed and served on or before July 20, 2018. Motion to Strike In light of the ruling on the demurrer to complaint, Sut...