Excerpt: ...Reply. The request is untimely and the rulings are not binding on this Court; the request is denied as irrelevant and untimely. MOTION TO COMPEL ARBITRATION A party to an arbitration agreement may seek a court order compelling the parties to arbitrate a dispute covered by the agreement. (CCP § 1291.2.) The court must grant the petition to compel arbitration unless it finds the right to compel arbitration has been waived by the moving party; grou...

Excerpt: ... 51 Cal.4th 764.) Here, whether or not MARIANO has breached that duty presents a question of material fact upon which MARIANO has offered no evidence. MARIANO therefor fails to meet his initial burden on Summary Judgment of showing that one or more elements of a cause of action cannot be established. Nor has MARIANO shown a lack of proximate causation in his moving papers. MARIANO argues that Griselda Arellano's (“ARELLANO”) negligent and cri...

Excerpt: ...ised documents as are necessary to address the following concerns and otherwise to fully comply with the Court's CMO. 1. The moving papers are inconsistent regarding the distribution of any unclaimed sums. The Spivak declaration states (at ¶ 64) that the uncashed checks will be distributed to Legal Aid at Work, but the Notice to class members states (at § 7, p. 5) that the uncashed checks will be sent to the State Controller. 2. If Legal Aid at...

Excerpt: ...om her position for being pregnant. Plaintiff filed this action on February 10, 2021, alleging various FEHA causes of action, declaratory relief and wrongful termination. On May 13, 2021, Defendant filed an Answer alleging twenty‐seven affirmative defenses. On September 22, 2022, the Court denied Defendant's Motion to Compel Arbitration. Trial is presently set for January 20, 2023. Defendant now brings a Motion to for Leave to File Amended Answ...

Excerpt: ...ess dealings with his four brothers, Steven, Robert, Ruben, and Rudy. The five brothers are all shareholders of the business Padilla & Sons, a California corporation, founded by their father. In addition to their business dealings in Padilla & Sons, the brothers engaged in numerous real property transactions. This action currently concerns five properties referred to in the Complaint by the street on which they are situated: Deborah, Gaviota, two...

Excerpt: ...omplaint to correct an error in the description of the vehicle. The court reduces the time allocated to amending the complaint by reducing Mr. Brennan's time by 2 hours and deleting $112.50 of Ms. Jones' time, for a reduction of $1,502.50 from the litigation total. Thus, the litigation fees are reduced by $1,502.50, for a total of $17,917.00 allocated to litigation of the matter. The court also reduces the time spent on the present motion. The bi...

Excerpt: ...ctual / Procedural Context: This is an action under the Song‐Beverly Act. On May 28, 2012, Plaintiffs Jose and Alicia Enriquez (“Plaintiffs”) purchased a 2012 Kia Optima, which was manufactured and/or distributed by Defendant Kia Motors America (“Kia”). Plaintiffs received a 5‐year warranty at the time of purchase. Plaintiffs allege that during the warranty period, the vehicle developed numerous Page 7 of 9 defects, including problems...

Excerpt: ...herefore not barred by judicial estoppel. Plaintiff granted leave to file amended complaint consistent with this ruling within 10 days of service of notice. Defendant to provide notice pursuant to CCP 1019.5. Plaintiff Phillip Moreb's First Amended Complaint alleges three causes of action (COA) for 1) promissory estoppel, 2) Violation of HBoR, and 3) UCL violations arising out of the servicing of Plaintiff's mortgage. Defendants U.S. Bank, N.A., ...

Excerpt: ...d as a result of negligence while he was a resident at ManorCare, Defendant's skilled nursing facility. Plaintiffs allege that Plumhof suffered multiple pressure injuries and multiple infection, including septic shock, as a result of ManorCare's neglect. (Complaint, ¶¶ 17, 20‐22, 29.) Plaintiffs allege Plumhof died on May 20, 2021 as a result of ManorCare's negligence and neglect. (Id. at ¶¶ 47‐49.) The Complaint sets forth four causes of...

Excerpt: ...liction of Emotional Distress. The Court denies the Defendant's motion grant summary adjudication that Plaintiff's claim for punitive damages fails. Factual / Procedural Context: Jose Perez (“Plaintiff”) notified his employer, QG Printing II LLC (“QG Printing”) and Quad Graphics, Inc. (“Quad Graphics”), on 1/22/19 that he had to take a leave of absence due to colon cancer. On 3/12/19, he provided a doctor's note that he needed to be o...

Excerpt: ... already had Plaintiff sit through one medical examination by its retained anesthesiologist/pain management expert, Dr. Zarembinski, based upon Plaintiff's claimed CPRS. (Declaration of Nikki K. Orr, ¶ 7.) However, Plaintiff also alleges permanent orthopedic injuries to his right foot and right leg resulting from the incident. (Id., ¶ 2; Complaint, ¶ 17; Opposition, p. 3.) Although Plaintiff contends Dr. Zarembinski “examined both the orthop...

Excerpt: ...t appear that counsel made any attempt to reach Defendant by telephone. It should not have to be stated that an email is not a meeting. CCP § 439(a) very clearly requires that parties meet and confer by telephone or in person, regardless of the prospects of an informal resolution. Nor is there any authority that would allow counsel to shift the onus of initiating a telephone conference by simply sending email correspondence. In addition, it appe...

Excerpt: ...anagement order of 8‐15‐22 shall be filed and served no later than 1‐11‐23. Order: The notice, exclusion form, and objection form are not attached to the order, despite statements in the order to the contrary at ¶¶ 6, 7, & 8. (CMO, ¶ H(4)(a).) That omission must be cured. The order (at p. 1) refers to a “proposed Amended Joint Stipulation of Class Action Settlement and Release attached as Exhibit 3 to the Declaration of Cody Payne fi...

Excerpt: ...as employed by Defendant D/T Carson Enterprises (“defendant” or “Carson Enterprises”) from March 6, 2018 to August 10, 2018, as a mechanic's helper and welder. He alleges that co‐worker, Steven Young (“Young”) made sexually explicit comments and gestures to plaintiff due to his perceived orientation. Plaintiff asserts that he complained to human resources (HR) and his direct supervisor about the alleged harassment, but no preventati...

Excerpt: ...eginning when she was five or six years old. Plaintiff's mother, Defendant Kathleen Bingley (“Bingley”) knew the abuse was ongoing. Plaintiff alleges that she reported the abuse to bishops from Defendant The Church of Jesus Christ of Latter‐day Saints (the “Church”) as a teenager, but the Church did not report the abuse nor take action against Fitzgerald. On January 28, 2021, Plaintiff filed her original Complaint against the Church, Fi...

Excerpt: ...uests for production has the burden to state specific facts demonstrating good cause justifying the discovery sought. C.C.P. §2031.310(b)(1). To establish good cause, the moving party must demonstrate relevance and specific facts justifying discovery. Kirkland v. Superior Court (Guess? Inc.) (2002) 95 Cal.App.4th 92, 98. The burden to show good cause for production “is met simply by a fact‐specific showing of relevance.” Tbg Ins. Servs. Co...

Excerpt: ...ion unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by re...

Excerpt: ...On January 30, 2022, Plaintiff texted her GXO supervisor, Vanessa Perez, to request family medical leave to care for her mother who tested positive for COVID‐19. Plaintiff was informed that a doctor's note was needed and that she was expected work if she was symptom‐free. On February 3, 2022, Plaintiff tested positive. Plaintiff obtained a note from her doctor placing her on leave until February 7, 2022. Therefore, Plaintiff did not appear fo...

Excerpt: ...hich was backed by express warranties. (Complaint, ¶¶ 5‐8.) Plaintiff alleges that the Vehicle was delivered with defects and nonconformities to warranty which NNA was unable to repair. (Complaint, ¶¶ 10‐13, 18, 29‐31.) The Complaint sets forth two causes of action: (1) Breach of Implied Warranty of Merchantability under the Song‐Beverly Act; and (2) Breach of Express Warranty under the Song‐Beverly. * * * NNA now moves to compel Pl...

Excerpt: ...). This is not a case where a dismissal was entered as a procedural equivalent to default. Plaintiff's counsel's supporting declaration is not dated nor signed. A declaration must be “subscribed by” the “person making” it. (Code Civ. Proc., § 2015.5.) Unless properly executed as required by section 2015.5, the declaration submitted in of support the motion has no evidentiary value. (See ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198,...

Excerpt: ... reviewed in the court of appeal thereby divesting this court of jurisdiction. (Code Civ. Proc., § 916; Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 196‐199.) Second, the court agrees with respondent that the October 13, 2021, minute order constitutes an order or judgment of contempt that qualifies for appellate review. (Code Civ. Proc., § 1222; Moss v. Superior Court (1998) 17 Cal.4th 396, 404, fn. 3.) The court here is car...

Excerpt: ...ation for legal services – action to recover reasonable value of services, and (2) breach of oral contract. Plaintiff alleges that Defendants have failed to make payment for the legal services he provided to Defendants in the amount of $60,000.00. (Compl. ¶¶ 5–6.) On May 18, 2022, Defendants filed a “Motion to Dismiss or Close Case” on the grounds that they “do not reside in Riverside County” and “[a]ll communication among all the...

Excerpt: ...ordinary discovery cut‐off. (Code Civ. Proc., § 2024.020(a)). For discovery concerning designated experts, discovery proceedings must be completed on or before the 15th day, and to have motions concerning that discovery heard on or before the 10th day, before the date initially set for the trial of the action. (Code Civ. Proc., § 2024.030.) A continuance or postponement of the trial date does not operate to automatically reopen discovery proc...

Excerpt: ...missal pursuant to a delay in prosecution. When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met. (Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55.) This burden must be met by competent evidence in affidavits and authenticated documentary evidence. (Id. at 1055.) Once a plainti...

Excerpt: ...cribed in Tech‐Bilt. “[M]any judges simply refuse to grant a motion under § 877.6 unless the moving papers address each of the applicable Tech‐Bilt factors.” (Weil & Brown at § 12:874.) However, “when no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a Page 3 of 3 declaration which sets forth a brief background of the case is sufficient.” (City of Grand Terrace v. Superior Court (1987) 19...