Excerpt: ...y September 12, 2022. The Court will not accept further briefing. The Court shall continue the TSC/OSC re service of cross‐defendants to the same date listed above. Factual / Procedural Context: The instant action arises out of a car accident. Joshua Gonzales (“Joshua”) owns a Tesla X that was being driven by Michael Ulloa (“Michael”). Maryann Reina (“Maryann”) owns a Lexus IS 250, which was being driven by Melissa Reina (“Melissa...

Excerpt: ...otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense ...

Excerpt: ...shall be governed by the Federal Arbitration Act…[and]…any and all employment‐related disputes, claims, or controversies” are subject to binding arbitration. (Redd decl., Exhibit 1, pg. 1.) The Agreement also provides that “all claims brought under this binding arbitration agreement shall be brought in the individual capacity of the employee or the company. No dispute may be brought, heard or arbitrated as a class, collective, or repres...

Excerpt: ...d cannot reasonably obtain needed evidence. (CCP §437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evidence, the defendant must show that the ...

Excerpt: ...t's 24‐hour care facility and allowed to develop a Stave IV pressure sore, necessitating many months of painful treatments. The first amended complaint pleads causes of action for elder abuse, violation of the patient's bill of rights, and negligence. Plaintiffs move to set trial within 120 days on the grounds that Alvarez is 76 years old and has a substantial interest in this action. A declaration of counsel states that plaintiff is 76 years o...

Excerpt: ...ti‐SLAPP context, “good cause” for conducting discovery requires a showing that the specific discovery is necessary for the plaintiff to oppose the anti‐SLAPP motion and is tailored to that end. (Balla v. Hall (2021) 59 Cal.App.5th 652, 692; Murray, 55 Cal.App.5th 10, 37.) “The statute's truncated time frame for anti‐SLAPP filings and hearings [Citation]; its provision for a stay of all discovery proceedings [Citation]; and its allowa...

Excerpt: ...ly, a pastor employed by Defendant Mount Rubidoux Church, which is part of Defendant Southeastern California Conference of Seventh Day Adventists (SECC). In November 2013, Plaintiff was separated from her husband and pregnant. Kelly was promoted as a relationship expert. Plaintiff alleges that she was pursued Kelly, who told her that he was estranged from his wife. Further, that Kelly told her he intended to divorce his wife. As a Page 3 of 8 res...

Excerpt: ... to meet and confer in person or by telephone prior to filing the present motions, as required by CCP sections 430.41 and 435.5. The court continued the hearing to give the moving parties time to meet and confer in compliance with the code. Defendants' counsel, Thuc Dan Ton Nu and Kelly Ryan, filed declarations on 8/19/22, indicating that counsel for both sides had met and conferred by phone, but had reached no resolution. Based on defendants' co...

Excerpt: ...cts alleged against her at all. She also argues that even if Saporito were to amend the cross‐complaint to allege a duty of care based on tort, he cannot create indemnification claims based on tort when the underlying claims arise out of contract. Castronuovo argues that the causes of action in the cross‐ complaint are barred by the economic loss rule. In general, the economic loss rule bars tort claims that “merely restate contractual obli...

Excerpt: ...sues. See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6. A demurrer based on a statute of limitations defense must clearly and affirmatively show that the claim is barred. Lockley v. Law Office of Cantrell, Green, Kekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 881. “It is not sufficient that the complaint might be barred.” Roman v. ...

Excerpt: ...Water Company (BHMWC) supplies water to that area; plaintiffs inquired of BHMWC and were told it could not provide water. BHMWC said the Jarmans would need to become shareholders in order to receive a “Will Not Serve” letter, which is necessary to get water service from another provider. At BHMWC's instruction, the Jarmans paid all debts owed by the previous owner, got a deed in their names, and bought 131 shares in BHMWC. From March 2018 to ...

Excerpt: ...nd Prism and Cervantes as to the fourth, fifth, sixth, seventh and eighth causes of action. The statute of limitations was tolled under CCP §1281.97 due to Defendants' material breach of the arbitration agreement. Factual and procedural background: This is a sexual harassment case. Plaintiff Vanessa Urias (“Plaintiff”) was allegedly jointly employed by Defendants Prism Aerospace, Inc. (“Prism”) and LTET Enterprises, Inc. (“LTET”) (co...

Excerpt: ...cts a reasonable range of potential liability. (Pruyn v. Agricultural Ins. Co. (1995) 36 Cal.App.4th 500, 527.) In Tech‐Bilt v. Woodward‐Clyde (1985) 38 Cal.3d 488, 499, the Court stated that pursuant to CCP §877.6, several factors are to be considered in determining whether a settlement is made in good faith, such as, “a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlem...

Excerpt: ...lass certification and notice, they are the ones responsible for trying the case, appearing in court, and working with class counsel on behalf of absent members.” (Earley v. Superior Court (2000) 79 Cal.App.4th 1420, 1434.) The current class representative is a convicted child molester of a child under the age of 14. (PC288(a).) Plaintiff pled no contest to a violation of Penal Code §288 in 2002, which resulted in an incarceration of 2.5 years...

Excerpt: ...ile Club of Southern California (2020) 59 Cal.App.5th 694, 704; Parkview Villas Assn., Inc v. State Farm Fire & Casualty Co. (2005) 133 Cal.App.4th 1197, 1214. Failure to comply with the separate statement requirement constitutes ground for denial of the motion. C.C.P. § 437c(b)(1). “To ensure that the opposing party has notice of the factual issues in dispute and an opportunity to present the evidence needed to defeat the motion, the statute ...

Excerpt: ...ll precede the trial of any other issue or any other part thereof in the case.” (C.C.P § 598.) In addition, “[t]he Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action … or any separate issue or of any number of causes of action or issues…” (C.C.P. § 1048(b).) “A major objective of bifurcated trials is to exp...

Excerpt: ... 6.) Plaintiff alleges that, during the warranty period, the vehicle contained or developed defects, including but not limited to (1) defective body system, (2) defective steering system, (3) defective display system. (Complaint, ¶ 12.) It is alleged that Plaintiff provided Defendant and its representatives sufficient opportunity to service or repair the vehicle, but they were unable to do so within a reasonable number of attempts. (Complaint, �...

Excerpt: ...1.) The Court is to consider the issues raised, determine the relevancy of the “evidence” sought, and whether production would be an invasion of privacy. (Southern Pacific Co. v. Superior Court (1940) 15 Cal.2d 206, 209.) The documents sought from First American are as follows: No. 1: Any and all DOCUMENTS, WRITINGS and COMMUNICATIONS between FIRST AMERICAN and EMPIRE WATER with regard to the 1917 DEED (Exhibit “I”) at any time. No. 2: Al...

Excerpt: ...ect Vehicle”) from Defendant Crystal Chrysler Jeep Dodge (“Crystal”). The Subject Vehicle was manufactured and/or distributed by Defendant FCA, LLC (“FCA”). In connection with the purchase, Plaintiff received various warranties, bumper to bumper express warranty powertrain warranty and emission warranty. Plaintiff alleges the Subject Vehicle suffered defects and non‐conformities during the warranty period. Plaintiff asserts that he de...

Excerpt: ..., INC. VS CITIZENS BUSINESS BANK CITIZENS BUSINESS BANK'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF FORM INTERROGATORIES TO PLAINTIFF WRF INVESTMENT INC.; REQUEST FOR SANCTIONS RIC2002365 WRF INVESTMENTS, INC. VS CITIZENS BUSINESS BANK CITIZENS BUSINESS BANK'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FIRST SET OF REQUESTS FOR ADMISSION TO PLAINTIFF TAO "SARAH" WANG; REQUEST FOR SANCTIONS RIC2002365 ...

Excerpt: ...ction arising out of her employment with Defendants. On November 15, 2021, Plaintiff noticed the deposition of Defendant Dewey Wohl (“Mr. Wohl”) for January 1, 2022, and notified that the deposition would “continue from day to day with Saturdays, Sundays and holidays excepted, until Plaintiff's counsel determines that the deposition is completed[.]” (Barkhordar Decl. ¶ 2, Ex. A.) On January 20, 2022, Mr. Wohl appeared for deposition with...

Excerpt: ...ed at least three employees to resign. Plaintiff argues that defendant should have sought a privacy notice before it provided contact information to plaintiff's counsel and that this is defendant's problem, not plaintiff's problem. Plaintiff does not oppose a protective order that limits dissemination of information already provided. The Court notes that the CMO issued May 25, 2021 provides in part: The discovery stay is vacated as to interrogato...

Excerpt: ...ecisions, nor was she oriented to anything other than persons, and not to time, place, or situation. The medical Page 3 of 3 records submitted with the reply do indicate that three days after the decedent executed the arbitration agreement a physician assessed plaintiff as having the capacity to understand and make decisions. However, the assessment was after the agreement was executed and not on the day of the assessments. The records for the da...

Excerpt: ...'s written demand and subsequent written explanation of the authority on which the demand was made, and DMG's further written notice of intent to file this motion. In support of its motion, Defendant asserts that this case arises in the context of a commercial transaction between merchants‐‐Plaintiff, a licensed contractor, and Defendant, a manufacturer's representative of heating, ventilating and air conditioning equipment. Plaintiff entered...

Excerpt: ... from the top, the ladder failed when a support bracket buckled and one of the feet of the ladder bent inward. Plaintiff fell from the ladder and landed on his feet. Plaintiff sustained serious injuries as a result of the fall. Plaintiff alleges that the ladder was negligently designed and manufactured by Werner and Green Bull and that Hemet negligently stored and maintained the ladder. On 6/20/19, Plaintiff filed his Complaint. He asserts two ca...