Excerpt: ...been received by the court. A motion to set aside a default judgment is generally governed by California Code of Civil Procedure S473(b). A moton to set aside a default judgment under CCP S473(b) must be based on either: declarations or other evidence showing "mistake, inadvertence, surprise, or excusable neglect" (in which event, relief is discretionary). CCP S473(b) grants the trial court discretion to vacate a default judgment (and/or any othe...

Excerpt: ... this Song-Beverly case on February 22, 2022 against defendant American Honda Motor Co„ Inc. ("Defendant"). On May 23, 2022, Defendant served Plaintiffs with Notices of Deposition and Requests for Production of Documents at Deposition for and production date of June 7, 2022. (Declaration of David L Chaffin, '12, Ex. A and B.) ["Chaffn Decl.".l On May 16, 2022, Plaintiff's counsel, Kevin Y. Jacobson, served objections to the deposition notices o...

Excerpt: ...O 3-HOURS MAXIMUM. Document requests are denied since they appear to be previously covered by the court's ruling on the motion to compel RTPs No. 1-10. Plaintiff to provide notice pursuant to CCP 1019.5. This is an employment action. Plaintiff Richard Anton üJftus alleges he was employed by defendants Eisenhower Medical Center ("EMC") and Eisenhower Medical Associates, Inc. ("EMA") as an internal medicine doctor for more than a decade before he ...

Excerpt: ... create conflicting rulings on common issues. (CCP S 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 petiton/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 reference. (CRC 3.1330...

Excerpt: ...e revised at page 1 to identify the settlement agreement that is being preliminarily approved by stating the name of the declarant and the filing date of the declaration to which the agreement is attached. b. 915 provides that the final approval hearing may be continued without notice, but 6 and 17 provides that any objectors shall be given notice of any continuance. That inconsistency shall be resolved. c. Paragraph 8 provides that objectors are...

Excerpt: ...will be deleted, and if so, it does not describe by page and line number what allegations in the first amended complaint are being deleted. (Rule 3.1324(a)(2).) • The motion does not state what allegations are proposed to be added, and where in the proposed SAC the new allegations are found. (Rule 3.1324(a)(3).) • The declaration supporting the motion does not explain why the amendments are necessary. (Rule 3.1324(b)(2).) It says only that th...

Excerpt: ...f action of the Third Amended Cross-complaint of Qilin Chang, Golden Taste LLC, and Golden Globe, LP, is granted as to the claims of all three cross-complainants. Analysis: The third amended cross-complaint was filed on 11-19-20. The seventh cause of action asserts a claim for indemnity of all cross-complainants by all cross-defendants. (P. 20.) Specifically, it seeks a determination that the cross-complainants should be indemnified by the cross-...

Excerpt: ...lodestar enhancement. They argue costs are unreasonable. Decline to rule on plaintiff's evidentiary objections because the evidence was not the basis of the Court's ruling. Grant motion; award attorney fees of The rates charged are reasonable, but there was no need for the number of attorneys who billed time to this case to have worked on the case and this almost certainly resulted in unnecessary time being spent. The Court declines to apply a mu...

Excerpt: ...rious transmission defects that Defendant was aware of and failed to disclose. (Complaint 10-59.) Plaintiffs provided his vehicle to Defendant and its representatives but they were unable to repair the vehicle.(Complaint '1 52-66, 79.) Plaintiffs filed the Complaint on 11/15/22 asserting causes of action for violations of Song-Beverly Act, breach of express and implied warranties and fraudulent inducement- concealment. Defendant demurs to the fra...

Excerpt: ...intiffs' opposition to the demurrer is inconsistent, both internally and with res#ct to the allegations of the complaint. For instance, the complaint alleges that the plaintiffs own and reside in the subject property. ('1 1.) The representation that they own the property is repeated in the opposition. (P. 1, II. 11.) Consistent with that representation is the prayer of the complaint, in which the plaintiffs ask for injunctive relief to restrain a...

Excerpt: ...ong other things. Defendant has subpoenaed records from various third-parties that purportedly relate to Plaintiff's damages claims. Plaintiff has moved to quash those subpoenas. At issue here is a subpoena to Dr. William Longfellow. Plaintiff claims that the subpoena is defective because it did not comply with Code of Civil Procedure section 1985.3's requirements pertaining to Notice of Consumer. Defendant has provided ample evidence demonstrati...

Excerpt: ...l., CPG, Civil Trials and Evidence (TRG 2014), S 18:115, p. 18-29, citing carney v. Simmonds (1957) 49 cal. 2d 84, 90.) In pertinent part, CCP S 657 provides the grounds for a new trial and states: The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes, materially a...

Excerpt: ...ed Plaintiff's gun safe in a Toyota and Plaintiff called the police. The suspects, Defendants Nicholas Almejo, Mahmoud Salah, Mataeo Waring, Darrell Skakhan Hollawayne, and Darrell Skakhan Hollawayne, Jr., were ultimately located, his property was recovered, and Almejo and Waring were criminally charged. On 11/9/22, Plaintiff filed his complaint alleging the follow-ng causes of action: 1) conversion; 2) trespass to chattel; 3) trespass to land; 4...

Excerpt: ... (1996) 45 Cal.App.4th 55, the court defined harassment and noted "[m]aking a personnel decision is conduct of a type fundamentally different from the type of conduct that consttutes harassment." (ld. at 64.) Making personnel decisions is an unavoidable part of being a supervisor, but conduct like derogatory slurs or engaging in unwanted sexual advances is not necessary as a supervisor and would constitute harassment. (Ibid.) Here, Plaintiff alle...

Excerpt: ...3.290(b)(1). Based on County's counsel's declaration, it appears that the parties exchanged written communications in an attempt to resolve this matter. (Declaration of Christopher D. Lockwood, "1 2-7.) The attempts by County appear minimal but sufficient to meet their meet and confer requirement. Supplemental responses have been provided by Aron Garcia and Robert Madden. As such, this moton appears to be moot as to everything but sanctions as to...

Excerpt: ...erved objections only. (ld. at 5, Exh. 2.) Tilt met and conferred as to the objections, demanding code compliant verified further responses. (ld., '1 7.) After obtaining another two-week extension, Plaintiff served verified responses on August 9, 2022 and produced 13 pages of Bates labeled documents. (ld., 11-12, Exh. 3.) On August 26, 2022, Tilt met and conferred as to the substantive responses and requested further code compliant verified furth...

Excerpt: ...2, 75, 78, 81, 86, 87, 90. The Court grants the motion to compel further responses to Special Interrogatories 2, 5, 7, 10, 14, 23, 25, 40, 42-46, and 59. The Court denies the motion to compel further response to Form Interrogatory 12.1. The Court orders further responses to all discovery to be provided in 30 days. Factual / Procedural Context Plaintiffs purchased a 2019 Chevrolet Silverado on October 21, 2019. (Comp. 95.) The vehicle came with a ...

Excerpt: ... ("truck") was being driven by non-party Richard Lamar Brown on the 1-10 freeway in Riverside County. Defendant Armando Gonzales Cardin ("Cardin"), who was under the influence of alcohol, collided with the truck causing substantial damage. Plaintiff alleges that his truck, which was insured by Defendants Lancer Insurance Company and Lancer Management Company ("Lancer"), was determined by Lancer to be a total loss when in reality it was only parti...

Excerpt: ...to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, (4) the plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact, and (5) as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage." (Marketing West, Inc. v. Sanyo Fisher (USA) Corp. (1992) 6 Cal.A...

Excerpt: ...se is without merit or too general), that party may file a moton compelling further responses. (CCP S 2030.300.) upon a timely motion, the responding party has the burden to justify any objection or failure to fully respond to the interrogatory or request. (Fairmont Ins. Co. v. Superior Court (Stendell) (2000) 22 Cal.4th 245, 255.) The factors to determine whether a motion to compel should be granted include: (1) the relationship of the informati...

Excerpt: ... the complaint, stipulated order and the first amended complaint as requested by Staffmark. The Court takes judicial notice of its rulings in Alfaro and Cezarez, which, it notes, involves different parties and facts and are not binding in this case. As to the unpublished appellate decision in Seifu v. Lyft (2022) 2021 WL 2705285, the request is granted. Plaintiff argues that the arbitration agreement with Staffmark is unconscionable. The doctrine...

Excerpt: ...licting rulings on common issues. (CCP 51281.2.) 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 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 reference. (Cal. R. Ct. 3.1330; see Conde...

Excerpt: ...s is an employment law case. Plaintiff's Complaint alleges 5 causes of action for 1) FEHA employment discrimination, 2) FEHA failure to accommodate, 3) FEHA failure to engage in timely and good faith interactive process, 4) FEHA harassment, 5) FEHA retaliation, and 6) FEHA failure to prevent/remedy discrimination, harassment and/or retaliation. Defendant Palm Springs Unified School District moves the court for summary adjudication as to the follo...

Excerpt: ...Defendants. The Statutory Scheme Education Code SS and 24502 set forth CalSTRS statutory rights to assert a subrogation claim against a tortfeasor when a member is injured by the tortfeasor, and as a result of those injuries, the member is approved for CalSTRS disability benefits. There is nothing in Education Code S 24502 that limits the application of Chapter 5 of Part 1 of Division 4 of the Labor Code to a direct claim of subrogation against t...

Excerpt: ...the policy, nor was his vehicle insured under the policy. Petitioner has not filed any reply addressing these facts. A petition to compel arbitration '"is in essence a suit in equity to compel specific performance of a contract."' " (Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 411 ("Rosenthal") quoting Spear v. California State Auto. Assn. (1992) 2 Cal.4th 1035, 1040.) "[Wlhen a petition to compel arbitration is filed ...