Excerpt: ...ess, Petitioner was required to write each subcontractor's name, license number, and work scope on a subcontractor list for each and every subcontractor who would perform work valued at more than .5% of the contract value. This information was provided to comply with the California Subletting and Subcontracting Fair Practices Act (“Listing Law”). Years after the bid and original subcontract list was provided by Petitioner, the Respondent rais...

Excerpt: ...ering”) from 2014 through March 18, 2020, when he was terminated. Plaintiff alleges he worked on public works projects for Bogh Engineering. Plaintiff alleges that during his employment he was discriminated against and harassed as a result of his race/color/national origin and religion, and that on 3/22/20, he was assaulted and battered by his supervisor, John Robinson, then terminated on 3/24/20, because he complained of the physical assault a...

Excerpt: ...nt motion arises from a premises liability/personal injury suit alleging that Defendant's spa contained excessive, dangerous, and hazardous amounts of chemical(s) that made the spa unsafe and dangerous for hotel guests and others. Plaintiff moves the court to compel Defendant Hilton to respond to Plaintiff's Requests for Production of Documents, Set Two, and for sanctions against Defendant in the amount of $1,775.00 on the ground that Defendant h...

Excerpt: ...ing in Defendant's restaurant on 2/25/17 when she slipped and fell on the recently‐mopped floor by the buffet. Defendant's employee did not place any cones or signs around the mopped area to warn patrons of the wet floor. Plaintiff suffered injuries to her knee and lower back which required injections and the implantation of a spinal cord stimulator. Defendant Sapporo cross‐complained against Mobin and Parhnam Yashar, M.D., plaintiff's treati...

Excerpt: ...atement of Undisputed Material Fact [“PSSUMF”] ¶ 13.) As Plaintiff allegedly laid face down bleeding, Defendant rode past her and said “How does that feel, Teresa?” (Id. at ¶ 7.) Plaintiff allegedly begged Defendant for help but Defendant ignored Plaintiff and continued riding. (Id.) On November 19, 2018, Plaintiff filed a request for civil harassment restraining order against Defendant based on the above incident. (Id. at ¶ 1.) The co...

Excerpt: ...used its discretion when it denied Plaintiffs' request that the Court issue a written Statement of Decision per CCP section 632. Plaintiff has also complained that the Plaintiffs were prevented from having a fair trial, and that in so doing that the Court abused its discretion in both the denial of issuing a Statement of Decision and in its ruling for Judgment for the Defendant. For the reasons stated below, the Court denies the motion for a new ...

Excerpt: ...ed Judgment on Jury Verdict filed on August 11, 2022, which includes additional extraneous procedural facts.] DEFENDANT to submit Proposed Amended Judgement that comports with this ruling within 10 days. OSC re: Failure to file Amended Proposed Judgement set for October 17, 2022. The Judgment provides for joint liability against both Defendants in the amount of $918,232.31, plus punitive damages against Specialized Loan Servicing in the amount of...

Excerpt: ...ons 337.1 and 337.15 to defendant City of Blythe's (city) cross‐complaint seeking indemnity. (See, e.g., Magnuson‐ Hoyt v. County of Contra Costa (1991) 228 Cal.App.3d 139 [A county may raise the statute of limitations defense codified in CCP 337.15. The court therefore believes the defense may also be raised against a city or county.]) In this inverse condemnation and nuisance action against city, city has cross‐complained against two cont...

Excerpt: ...laintiff Simkins, and that Cross‐Defendants negligently handled the purchase and also took advantage of Kruger, who is 81 years old. Cross‐Defendants demurrer arguing that the three causes of action pleaded are uncertain or insufficiently pleaded because they do not incorporate facts from the underlying complaint and do not show any professional negligence, basis for indemnity, or elder abuse. To withstand a demurrer the complaint must contai...

Excerpt: ...cause of action for trespass to timber. The same causes of action are now alleged in the operative pleading as the third, fourth, and fifth causes of action, respectively. Pintura again demurs to these three causes of action arguing that the previously identified deficiencies have not be remedied and that essentially no new facts have been pleaded to support these causes of action. The Court agrees. To withstand a demurrer the complaint must cont...

Excerpt: ... The leased premises are a skilled nursing care facility and a residential care facility (RCFE). On November 30, 2016, the Lease was assigned to Defendant Corona Post Acute (CPA) and Corona RCFE, LLC (RCFE) (Assignment). Also on this date, Versacare and CPA entered into the Third Amendment to the Amended and Restate Facility Lease Agreement. The Assignment provided that in the event CPA and Corona RCFE did not receive adequate facility licensure ...

Excerpt: ...ussed in Weil & Brown et al., CAL. PRAC. GUIDE: CIV. PRO. BEFORE TRIAL (The Rutter Group 2018), § 8:2145 et seq., once a party or witness has been ordered to attend a deposition, or to answer discovery, or to produce documents, more severe sanctions are available for continued refusal to make discovery (e.g., CCP §2030.300(c), §2031.310(i)). CCP §2023.010(g) makes “disobeying” a court order to provide discovery a misuse of the discovery p...

Excerpt: ...endants have failed to produce evidence of an arbitration agreement signed by the plaintiff and hence failed to meet their initial burden to show that an agreement exists. That is incorrect. The existence of the agreement is established by the declaration of Castro, and exhibits A and B thereto. Although the declaration erroneously refers to Zamudio, in the event of inconsistency between the declaration and the exhibit, the exhibit controls. Thus...

Excerpt: ... 11 seeks similar documents and ESI, relating to any notices, warranty extensions, technical service bulletins and recalls. RFP no. 12 seeks similar documents and ESI as to customer complaints, claims, reported failures, and warranty claims. RFP no. 13 seeks similar documents and ESI concerning failure rates of vehicles of the same year, make, and model as the subject vehicle. RFP no. 13 seeks similar documents and ESI as to any fixes. Defendant ...

Excerpt: ...that case. (See also Towner v. County of Ventura (2021) 63 Cal.App.5th 761.) The litigation privilege bars plaintiff's cause of action for defamation. Plaintiff's invocation of Civil Code section 47, subdivision (b)(5), has not shown that that the reports were “false,” or that defendants made them “with reckless disregard for the truth or falsity of the report.” The requests for judicial notice are denied as irrelevant. (See, e.g., Mangin...

Excerpt: ...nel Energy Center, LLC (Sentinel), Mott MacDonald LLC (Mott), Gemma Power Systems California, Inc. (Gemma) and Diamond Generating Corporation (DGC). Plaintiffs are the mother and son of the decedent, Daniel Collins. The instant matter went to jury trial in July 2022 and a special verdict was filed on 7/27/22. With credit for the settlement with Mott, Plaintiffs were awarded a total of $56,960,000 to Denise Collins, and $88,000,000 to Christopher ...

Excerpt: ... Code Civ. Pro. § 2031.310(b)(2).) The declaration must state facts showing a reasonable and good faith attempt at informal resolution of each issue presented by the motion. (Cal. Code Civ. Pro. §2016.040.) Whether a “reasonable and good faith attempt” was made requires an “evaluation of whether, from the perspective of a reasonable person in the position of the discovering party, additional effort appears likely to bear fruit.” (Clemen...

Excerpt: ...ses of the apartment complex due to Defendant's failure to properly maintain the property. The complaint contains two causes of action for negligence – one for premises liability and the other for general negligence. Defendant brings this motion seeking to compel further responses to special interrogatories nos. 5, 8, 22‐26, 32, and 36. It has failed to file a separate statement with this motion. It asserts that Plaintiff's responses to these...

Excerpt: ...tween the same parties or parties in privity with them.' Claim preclusion arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” Id. If claim preclusion applies, it bars litigation of said causes of action. Id. “Issue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different cau...

Excerpt: ...2/30/21, Plaintiff submitted a claim to the Better Business Bureau Autoline Program (BBB) for arbitration. On 3/18/22, the BBB agreed with Plaintiff that the vehicle was a lemon and ordered HMA to repurchase or replace the vehicle. On 3/24/22, Plaintiff accepted the restitution award issued by the BBB, but HMA has failed to comply with the BBB's order within 30 days of acceptance of the BBB's decision. (Civil Code § 1793.22(d)(3).) Plaintiff fil...

Excerpt: ...r day care provider and needed to come immediately. Plaintiff informed her supervisor and left early. Defendant terminated her on the next business day. The complaint, filed 7/13/22, asserts: (1) Labor Code §230.8; (2) California Family Medical Leave; (3) California Family Sick Leave; and (4) wrongful termination. Defendant demurs, or alternatively moves to strike, the 3rd cause of action based on the Healthy Workplaces, Healthy Families Act of ...

Excerpt: ... food product. (Complaint, Para. 17). Plaintiff also mixes in elements of a negligence claim along with his product liability claim, e.g., Defendant “owed a duty to Plaintiff as a consumer of defendants' products to warn Plaintiff that said products were dangerous, contaminated, unsafe and unfit for consumption.” (Complaint Para.17.) The Complaint is uncertain and unintelligible. SUSTAIN Second Cause of Action Plaintiff combines claims of str...

Excerpt: ... entered an order in the Lockhart action (RIC1507504) certifying a class of “all non‐exempt or hourly employees who worked at any of Columbia's retail facilities in the State of California” during the Class Period (defined as “June 23, 2011 up to the deadline by which class members may opt‐out after being provided notice of certification”). (See Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification [fil...

Excerpt: ...ept as true their contents. (Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Bach v. McNelis (1989) 207 Cal.App.3d 852, 865.) I'm not sure how relevant the information is, but Defendant does not oppose the request. GRANT. III. Evidentiary Objections Plaintiff objects to facts outside the four corners of the pleading. The objection is valid because such extrinsic facts cannot be considered on a demurrer. (Ion Equip. Corp. v. Nelson (1980) 110 Cal.App....

Excerpt: ...ng is continued to 12‐5‐22 at 8:30 A.M. in this department. Any supplemental evidence or argument by the defendant must be filed and served at least 16 court days in advance. Any supplemental opposition must be filed and served in accordance with Code of Civil Procedure section 1005, subdivision (b). It is denied as to the plaintiff's motion to consolidate and amend. In light of the discovery proposed by the defendant, the stay on formal disc...