Excerpt: ...responding party from that waiver. (Code Civ. Proc., §§2030.290(a), 2033.280(a), 2031,300(a).) As such, in regard to the discovery at issue, Plaintiff's objections are deemed waived. In a motion for further responses to special interrogatories, the burden is on the responding party to justify any objection or failure to fully answer the interrogatories. (Coy v. Superior Court of Contra Costa County (1962) 58 Cal.2d 210, 220‐221.) Most of Plai...

Excerpt: ...9 against defendant Riverside Transit Agency (“RTA”). On March 12, 2019, Plaintiff was a passenger on a bus operated by RTA. Plaintiff alleges that she was injured when she was struck by heavy luggage which fell from the storage rack above where Plaintiff was seated on the bus. The complaint sets forth a single cause of action for negligence. * * * RTA now moves for summary judgment. RTA argues that although it had a heightened duty of care a...

Excerpt: ...efendant is not entitled to relief under Code of Civil Procedure section 473, subdivision (b). (Scottsdale Ins. Co. v. Superior Court (Spyglass Homeowners Ass'n) (1997) 59 Cal.App.4th 263, 275.) The Discovery Act provides relief for all Defendant's requests here. (See Code Civ. Proc., §§ 2025.290, 2031.300, 2033.280.) To merit relief under the Discovery Act, the moving party must serve code‐ compliant responses and show mistake, inadvertence,...

Excerpt: ...en from the court's records. Monetary Sanctions under Cal. Code Civ. Pro. §128.5: Pursuant to Cal. Code Civ. Pro. §128.5, a trial court may order a party to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad‐faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (Cal. Code Civ. Pro. §128.5(a).) “Frivolous” means totally and completely without merit or f...

Excerpt: ...tent, unless the defect is obvious in the context of common experience, and then it may be decided as a matter of law, including on summary judgment. (Creekridge Townhome Owners Assn. Inc. v. C. Scott Whitten, Inc. (2009) 177 Cal.App.4th 251, 256 [reversing summary judgment granted in favor of defendant because of triable issues of material fact regarding whether the defect was apparent on reasonable inspection].) As to the complete and accepted ...

Excerpt: ...actual obligations, PNMAC Capital owed CitiMortgage a duty of care because, among other reasons, PNMAC Capital was the owner/beneficiary of the loan from at least March 19, 2010 to October 2010. Page 3 of 10 • As the prior owner/beneficiary of the loan, PNMAC Capital owed CitiMortgage a duty of care, including but not limited to, a duty to properly service the loan, a duty to notify the Wolfes that CitiMortgage had allegedly repurchased the loa...

Excerpt: ...to be overruled when addressed to inconsequential matters, the facts are within the knowledge of the defendant or ascertainable in discovery, or not dispositive of one or more causes of action. (Id.) The complaint does contain both references to implied warranty for fitness (Complaint ¶31) and merchantability (Complaint ¶32). The Song‐Beverly Act defines implied warranty of merchantability as: “(1) Pass without objection in the trade under ...

Excerpt: ..., pursuant to which LLR agreed to purchase products from MyDyer for resale by “independent fashion consultants” (“Consultants”). LLR and Defendant LulaRoe (“LulaRoe”) sell leggings through a direct sales multilayer marketing business. MyDyer alleges that LLR, Lularoe and other defendants breached the Sourcing Agreement by failing to pay for over $30 million in delivered product and continuing to order more product with no intention of...

Excerpt: ...ourt in resolving the issues raised regarding the sufficiency of the allegations of the FAC. With regard to the second cause of action, Defendants argue that Plaintiff was not damaged by any alleged disclaimer of warranty because Plaintiff did not make a claim during the implied warranty period. (Memo in Support, p. 7:16‐22.) As to the third cause of action, Defendants argue that there is no allegation that the Motorcycle did not conform to the...

Excerpt: ...l Code § 2923.6 (letter denying modification); and 3) Civil Code §§ 2923.6 and 2923.11 (dual tracking). (FAC, ¶¶ 38‐46.) i. Single Point of Contact (“SPOC”) Civil Code § 2923.7 provides that upon request from a borrower seeking a foreclosure prevention alternative, the mortgage servicer shall promptly provide an SPOC and one or more direct means of communicating with the SPOC. Plaintiffs allege that their assigned SPOC gave them “in...

Excerpt: ... Rose (“Plaintiff”) alleges on May 15, 2018, he was involved in a traffic accident with Defendant Gutierrez. After the accident, he proceeded to drive home. He alleges that after arriving home, he developed significant symptoms prompting paramedics to be called. He arrived at the Inland Valley Medical Center and met with doctors. Plaintiff alleges that the doctors told him that his injuries were minor, however, Plaintiff indicates that the do...

Excerpt: ...to Cross‐Defendant, decline to consider Cross‐Complainant's evidentiary objections because the evidence to which it objects was not considered in the court's analysis. The contract language is not clear or explicit. Pursuant to the indemnification provision, NRG agreed to defend Elite against claims arising out of Elite's performance of “services.” The term “services” is defined by the Contract to include “camera monitoring” and �...

Excerpt: ...the deposition was to take place on 9/11/20, or 9/30/20. Thereafter, at an informal discovery conference on 9/25/20, the court amended its order to allow the deposition take place on 10/14, 10/21, 10/28, or 10/29. Plaintiff moves for terminating sanctions against Defendant as she failed to appear for any of these seven dates. She further requests monetary sanctions of $9,000. Defendant contends that her counsel has not received the motion, and di...

Excerpt: ... remediate that infestation. The Waites seek an order compelling arbitration based upon the arbitration provision in the purchase/sale agreement. There is a possibility of conflicting rulings on common issue of fact or law. Novey does not dispute that he agreed to arbitrate the dispute, but argues, nevertheless that the motion should be denied because the HOA is not a party to the arbitration agreement and that simultaneously proceeding with arbi...

Excerpt: ... baseline amount. The contract also provided for an additional discretionary bonus based on the number of billable hours. In 2016, the Firm allegedly promoted Talkov to partner in order to avoid paying over a $28,000 bonus. Additionally, the Firm and Defendant Reid & Hellyer Employees 401(k) Profit Sharing Plan (“Plan”) failed to provide the employer‐matching component to the Talkov's 401(k) account. The Firm allegedly experienced significa...

Excerpt: ...ranted as to the following requests: #13 as to years 2018 and 2019; #29 to the extent that the plaintiff has failed to identify the documents that are responsive to that request, as required by Code of Civil Procedure section 2031.280, subdivision (a); #30 as of May 1, 2019; and #31 from May 1, 2019, to April 21, 2020. In all other respects, the motion is denied. The defendant's request for sanctions is denied. The plaintiff's request for sanctio...

Excerpt: ...ceive actual notice in time to defend the action. Defendants are ordered to file their responsive pleading within 30 days of the date of this order. The matter is set for Case Management Conference on 4‐12‐21 at 8:30 a.m., Department 5. Defendants were served on 5‐1‐19 with the First Amended Complaint (FAC) by substitute service, at 7407 Diamond Street in Riverside, with mailing the next day. Defendants' defaults were entered on 6‐12‐...

Excerpt: ...osure. (Administrative Record (“AR”) 20‐21.) On 2‐14‐19, the Employment Development Department (“EDD”) notified Petitioner that he was eligible for the Trade Adjustment Assistance (“TAA”) program of the federal Trade Act of 1974, and, as such, may also be eligible for the Trade Readjustment Allowance (“TRA”) benefits. (AR 4‐5.) The notice also stated that his eligibility for TRA benefits could not be determined until his u...

Excerpt: ...019, arguing that defense experts Dr. Karl Steinberg and registered nurse Sandra Higelin have determined Defendant did not breach the applicable standard of care. The original hearing on February 19, 2020, was continued multiple times due to numerous procedural mishaps by Plaintiff and due to the pandemic‐related court closure. Defendant subsequently re‐filed the MSJ re: Breach on September 2, 2020. On July 15, 2020, Defendant filed a second ...

Excerpt: ... Denzel Cooley (“Cooley”), which started at a restaurant owned and operated by Defendant T.G.I. Fridays, Inc. (“TGIF”) and Briad Restaurant Group, LCC (“Briad”), which owned the TGIF franchise located at the shopping center owned and operated by Defendants Tyler Mall, L.P., GGP‐Tyler Mall, LLC, and Growth Management, Inc. (collectively “Tyler”). The altercation was allegedly initiated by Cooley while Jermaine was at the restaura...

Excerpt: ...the motion for summary adjudication of the 3rd cause of action on the ground that Plaintiff failed to meet his initial burden. DENY the motion as to the 4th cause of action on the ground that Cor‐Ray has raised triable issues of material fact as to UMF Nos. 46‐48, 50, 52. Factual / Procedural Context Plaintiff, W.M. Lyles, alleges it is a licensed general contractor which was the successful bidder on a public works construction project referr...

Excerpt: ...e Court has not received an update from Defense Counsel, but Plaintiff has not filed an opposition to this motion and nothing in the record demonstrates that Plaintiff Hwang has produced discovery. Indeed, instead of indicating that Plaintiff has in fact responded to the discovery request or this motion, Plaintiff Hwang filed a motion to reconsider the Court's order from 12/10/20. Regardless, if Plaintiff has produced the requisite discovery, the...

Excerpt: ...rmitted to withdraw or amend an admission only if the court finds the following two things: (1) the admission resulted from mistake, inadvertence or excusable neglect; and (2) no substantial prejudice to the requesting party will result from allowing the admission to be withdrawn or amended. (CCP §2033.300(b).) If relief is granted, the court may impose whatever conditions are just. (CCP §2033.300(c).) Section 2033.300 is designed to eliminate ...

Excerpt: ...lude an additional, Henry Garcia, on the class and PAGA claims. Defendant has waived any objection to service. Defendant argues that the motion was improperly served by electronic service. This argument is not a basis for denying the motion because Defendant has filed a substantive opposition and makes no claim that it was unable to file a complete opposition because of the alleged improper service. “This court understands the dilemma faced by ...

Excerpt: ...se of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proof need not be alleged. (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.) Generally a plaintiff need only plead facts necessary “to acquaint a defendant with the nature, source and e...