Excerpt: ...e to duly served discovery requests. As conceded by defendants, defendants failed to provide identifying information relating to a fact witness who was a Lyft passenger in plaintiff's vehicle and who observed the car accident which is the subject of this action. This was despite the fact that documents in the possession of defendant Richard Montoya, and subsequently in the possession of defense counsel, contained this information. Plaintiffs cont...

Excerpt: ...s to the portion of a settlement representing payment for medical expenses, in order to determine the amount available to satisfy the lien. The court is to be guided by the United States Supreme Court decision in Arkansas Department of Health and Human Services v. Ahlborn (2006) 547 U.S. 268, in determining what portion of a settlement represents payment for medical expenses or medical care. The total settlement amount in light of the total claim...

Excerpt: ...ns 473(d), 473(b), or based on a lack of personal jurisdiction. As a preliminary matter, the court finds that Aizen was validly served with the summons and complaint in this matter, pursuant to Code of Civil Procedure section 415.20(b), which states: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be...

Excerpt: ...ion, the court takes judicial notice of the entire file in this action. Cross‐complainants' objections to evidence are ruled on as follows: Objection Nos. 1, 2 and 4 are sustained. Objection No. 3 is overruled. Cross‐complainants' move for leave to amend their cross‐complaint. In determining whether leave to amend should be granted, the court is bound by Code of Civil Procedure section 426.50, which states: A party who fails to plead a caus...

Excerpt: ...otter's purchase of a 2012 Jeep Grand Cherokee. The complaint in this action was filed June 2, 2016. The parties settled the case on April 8, 2019, on the first day of trial. Defendants agreed to pay plaintiffs $122,000 in settlement of the action. Civil Code section 1794(d) authorizes the recovery of attorneys' fees to a buyer who prevails in an action under that section, “determined by the court to have been reasonably incurred by the buyer i...

Excerpt: ...to 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 the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. 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 they are contradicted b...

Excerpt: ...harges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.” Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774. When the reasonableness of particular items is challenged, conclusory allegations do not satisfy the objecting party's burden. Id.; Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266. Alternatively, where items are properly put in issue by objection, the burden of proof is ...

Excerpt: ...jections to evidence are ruled on as follows: Objection Nos. 3, 5, 8, 9 and 10 to the declaration of Michelle Gallagher are sustained. Objection Nos. 1, 2, 5, 6 and 8 to the declaration of Anna Murphy are sustained. The remaining objections are overruled. Ruling on Motion Defendant and cross‐complainant Charley Smith, individually and as trustee of the Charley D. Smith Family Trust (“Smith”) moves for summary judgment of plaintiff and cross...

Excerpt: ...cedure section 1033(a) is denied. The court notes that plaintiff sought damages for actual medical expenses resulting from the incident, future medical expenses and general damages that far exceeded the jurisdictional maximum of a limited civil action. There is no showing that plaintiff acted unreasonably or in bad faith in asserting her claims. Defendant alternatively moves to tax discrete items of costs claimed by plaintiff. “If the items app...

Excerpt: ... letter to the Labor and Workforce Development Agency (“LWDA”) on February 6, 2019, alleging wage and hour violations against her former employer, defendant Williams‐Sonoma Stores, Inc. Farinha filed the complaint in this action on April 12, 2019, as a putative wage and hour class and representative action. Overton submitted a letter to the LWDA on May 2, 2019, alleging violations of the Labor Code and Industrial Welfare Commission Wage Ord...

Excerpt: ...stitute 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 the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. 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 they are contradicted by judi...

Excerpt: ...nstitute 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 the accuracy of the described 9 conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. 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 they are contradicted by j...

Excerpt: ... overruled. Defendants' objections to evidence are ruled on as follows: Objection No. 4 is sustained. The remaining objections are overruled. 3 Ruling on Motion Defendants Madeline Yang (“Madeline”), Richard Yang (“Richard”) and Frieda Yang (“Frieda”) move for summary judgment with respect to plaintiffs' second amended complaint. The party seeking summary judgment bears the burden of showing there is no triable issue of material fact ...

Excerpt: ...evidence a strong public policy in favor of arbitration that is frequently approved and enforced by the courts. Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al (2010) 189 Cal.App.4th 1399, 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. In...

Excerpt: ...f 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 the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. 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 they are contradicted by judicially noticed fa...

Excerpt: ...dure section 128.5. Pursuant to this statute, the court may order a party or counsel, or both “to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” Code Civ. Proc. § 128.5(a). Defendants contend that plaintiff and his counsel should be ordered to pay their attorneys' fees because they filed ...

Excerpt: ...ily Trust”) move to quash or modify three depositions subpoenas served on U.S. Bank National Association, Sterling Bank and Southern Bank. Moving parties assert that particular requests for documents within the subpoenas are not reasonably particularized and seek documents protected by Canel and the Canel Family Trust's constitutional right to privacy. Broadly, the specific document requests to which moving parties object seek loan applications...

Excerpt: .... (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 submits evidence which establishes that the parties entered into an agreement whereby plaintiff extended a line of credit to defendant. (SSU...

Excerpt: .... Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary judgment bear the burden of persuasion that one or more elements of the causes of action in question cannot be established, or that there is a complete defense thereto. Code Civ. Proc. § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001)...

Excerpt: ...on defendant Scottish American Insurance General Agency, Inc. on March 24, 2018. Defendant served responses on May 14, 2018. Defendant's responses are a hybrid of objections and statements of compliance, and the responses are unverified. When a response contains both agreements to comply and objections, the response must be verified. (See Food 4 Less Supermarkets, Inc. v. Superior Court (1995) 40 Cal.App.4th 651, 657.) Unverified responses “are...

Excerpt: ...s frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC, et al. (2010) 189 Cal.App.4th 1399, 1405.) “A strong public policy 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...

Excerpt: ...ent with or supported by the facts in the case. (Code of Civil Procedure section 663(1); see Glen Hill Farm, LLC v. California Horse Racing Bd. (2010) 189 Cal.App.4th 1296, 1302.) A motion to vacate does not allow for a reweighing of the facts. (Simac Design, Inc. v. Alciati (1979) 92 Cal.App.3d 146, 153.) Defendant has failed to make a sufficient showing the judgment is based upon an incorrect or erroneous legal basis. Plaintiff's sister state j...

Excerpt: ...2019, at 8:30 a.m. in Department 33. Motion for Protective Order Plaintiffs move for a protective order with respect to 42,199 written discovery requests propounded by defendants. The court may issue a protective order to protect a party from “unwarranted annoyance, embarrassment, or oppression, or undue burden and expense”. Code Civ. Proc. §§ 2030.090(b); 2033.080(b); 2031.060(b). Defendants have propounded approximately 59 form interrogat...

Excerpt: ...A party may demur to a complaint where the pleading does not state facts sufficient to 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 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. De...

Excerpt: ...er County, et al., Placer Court Case No. SCV‐38666; 2 and the pending appeals before the Third District Court of Appeal, the court determines that a stay of the action pending appeal is appropriate. The case is stayed and the current motion is dropped subject to re‐noticing when the stay is lifted. ...