Excerpt: ...ue to petiti oner's misdemeanor violation of Penal Code section 311.3. Individuals may file writs of mandate to compel public agencies to perform acts required by law. (People v. Picklesimer (2010) 48 Cal.4th 330, 339.) In order to obtain relief, “a petitioner must demonstrate (1) no ‘plain, speedy, and adequate' alternative remedy exists (Code Civ. Proc., § 1086); (2) ‘a clear, present, . . . ministerial duty on the part of the responden...

Excerpt: ...he court must make an order awarding attorney's fees and costs to the propounding party unless: “(1) an objection to the request was sustained or a response to it was waived under Section 2033.290; (2) The admission sought was of no substantial importance; (3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter; [or] (4) There was other good reason for the failure to admit.” (Id...

Excerpt: ...ising o ut of, plaintiff's divorce or relationship with his family, ex -wife, current partner, and children. (Code Civ. Proc. § 2023.030, subd. (d)(1).) Defendants request the court to issue a terminating sanction against plaintiff for his misuse of the discover y process. Courts may impose sanctions pursuant to Code of Civil Procedure, section 2023.030 against a party who misuses the discovery process. (Code Civ. Proc. § 2023.030) Examples of ...

Excerpt: ... ty. Plaintiff's objections are overruled in their entirety. Ruling on Motion Defendant L&S Framing, Inc.'s motion for summary judgment is denied. Defendant moves for summary judgment as to the plaintiff's cause of action for PAGA allegations on the grounds that defendant did not employ plaintiff. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving ...

Excerpt: ...aintiffs have not alleged sufficient facts of extreme or outrageous conduct where defendants intended or acted with reckless disregard to cause plaintiffs emotional distress. The remainder of the demurrer is overruled as there are sufficient factual allegations p leaded to support the first cause of action for negligence and fifth cause of action for breach of contract/breach of implied covenant. The second amended complaint shall be filed and...

Excerpt: ...tiff initially alleges she learned shortly after the 2005 purchase of the Oakbridge property that defendant and decedent obtained a loan to cover a portion of their $500,000 deposit. (SAC ¶¶16‐18, 20, 21, 26, 27.) However, plaintiff goes on to allege she did not learn of their failure to deposit the $500,000 into the escrow account until the filing of the original complaint in 2020. (SAC ¶40.) These conflicting allegations are insufficient t...

Excerpt: ...ial. The case proceeded as a jury trial with the jury rendering its verdict in favor of plaintiff on October 19, 2022. The notice of entry of judgment was served by mail to both parties on the same date. On November 2, 2022, defendant filed a notice of intent to move for new trial, as well as a motion for judgment notwithstanding the verdict. The proof of service attached to the notice of motion/notice of intent attested that counsel for plaintif...

Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the joint stipulation regarding c...

Excerpt: ...he court file to determine that the settlement is genuine, meaningful, and consistent with the underlying purposes of the PAGA‐related statute. (Labor Code section 2699(l); O'Connor v. Uber Technologies, Inc. (N.D. Cal. 2016) 201 F.Supp.3d 1110.) The court must also determine whether the PAGA settlement appears fundamentally fair, reasonable, and adequate. (Ibid.) The court has carefully reviewed and considered the settlement agreement and rele...

Excerpt: ...iency of punitive damages allegations. (see Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63.) Punitive damages may be asserted where there are allegations of oppression, fraud, or malice. “Oppression”, for the purposes of seeking punitive damages, refers to despicable conduct that subject a person to cruel and unjust hardship in conscious disregard of that person's rights. (Civil Code section 3294(c)(2).) “Frau...

Excerpt: ...es allegations and prayer alleged in relation to plaintiff's claim for defamation. A review of the allegations in the complaint show they are sufficient to plead the malice necessary to support punitive damages related to the defamatory statements. Defendants shall file and serve the answer or general denial by December 2, 2022. Defendants' Anti‐SLAPP Motion Ruling on Request for Judicial Notice Defendants' request for judicial notice is grante...

Excerpt: ... factors: (1) balancing of the hardships of the parties and (2) a showing by the plaintiff of a reasonable probability of prevailing on the merits. (Hunt v. Superior Court (1999) 21 Cal.4th 984, 999‐1000; Robbins v. Superior Court (1985) 38 Cal.3d 199.) The plaintiff has the burden of showing plaintiff would be harmed if the preliminary injunction were not granted. (Casmalia Resources, Ltd. v. County of Santa Barbara (1987) 195 Cal.App.3d 827, ...

Excerpt: ...App.4th 1292, 1307‐ 1308.) Ruling on Motion The motion is denied. In the current request, plaintiffs seek to sever the fourth, fifth, and sixth causes of action pleaded in the first amended cross‐complaint (FACC) and change venue for those claims to Los Angeles County. Plaintiffs have not made a sufficient showing that convenience, expediency, or economy support severance of a portion of the FACC to be heard in Los Angeles County while the re...

Excerpt: ..., the court encourages the moving defendant, real party California Highway Patrol, and plaintiff to meet and confer further regarding the submission of any appropriate protective order related to these documents. The parties may submit any such stipulated protective order to the court for review and entry. The court acknowledges defendant has withdrawn its Request No. 1 [all payroll records for plaintiff from January 1, 2010 through the present] ...

Excerpt: ...93, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the demurrer keeping this in mind. Plaintiff alleges a single cause of action for negligence. A plaintiff in any negligence suit must demonstrate a legal duty to use due care; breach of such legal dut...