Excerpt: ...ns of its uniquely tailored contracts with its service vendors, and the details, terms, and conditions are not disclosed to the public or to other Home Depot contractors. (Hannah Decl. 4—5.) The dissemination of its contracts is strictly controlled, and access to the contracts is limited to Home Depot associates whose job responsibilities require them to have access to them. (ld. at '15.) In fact, the contracts itself contains a confidentiality...

Excerpt: ...'s objection under CCP S 2031.030(c)(1) is also not well taken as the requests are reasonably particularized. As to the opposition that it seeks confidential or proprietary information — work out a protective order. GRANTED RFPs 3-5: Home Depot makes valid objections based on overbreadth and undue burden, as the requests are not reasonably limited in scope and time. RFP Nos. 3, 4 and 5 seek all documents regarding the entire store for a five-ye...

Excerpt: ... countless times before. The hourly rates already reflect the expertise and a multiplier is unnecessary. This case did not involve particularly novel or complex questions, nor did Plaintiff's counsel demonstrate particular skill. Moreover, Plaintiff's counsel has not provided evidence that it was precluded from other employment as a result of this litigation. Though Plaintiff's counsel took the case on a contingency basis, the risk of not obtaini...

Excerpt: ... Ex. B at 2.) As Vineyard argues, however, the Operating Agreement for 2021 is irrelevant to this case as the Decedent was not a resident at Vineyard's facility in 2021. Plaintiff has failed to show good cause for production of document in response to RFP No. 2. RFP 14: Denied Plaintiff has failed to set forth specific facts showing good cause justifying the discovery sought by this request beyond what Vineyard has produced. RFP 64: Granted The r...

Excerpt: ...ommunity Business Directors nationwide maintain the correct new-hire paperwork, and she is responsible for and oversees all documents provided to new hires. Ms. Damante is familiar with Defendants' onboarding process. Further, Ms. Damante is familiar with the online tools which Defendants provide to employees, including the presentation and execution of arbitration agreements. She is familiar with Defendants' recordkeeping procedures and has acce...

Excerpt: ...n-parties justify disclosure of such information. Discovery of financial information is expressly authorized after issuance of a right to attach order (Code Civ. Proc., S 485.230), and USRECH may discover the identity, location and value of property in which Lander has an interest by any means permitted under the general civil discovery statutes. (Code Civ. Proc., S 2016.010 et seq.) Discovery by subpoenas is proper as Part4 of the Discovery Act ...

Excerpt: ...f the agreement, and hence in default of subdivision (a) of sec
Ÿon 1281.97, the employee may “[w]ithdraw the claim from arbitra
Ÿon and proceed in court of appropriate jurisdic
Ÿon.” (C.C.P., § 1281.97(b)(1).) The issue of intent is irrelevant. While there is evidence that Defendant's belated payment was uninten
Ÿonal, nothing in sec
Ÿon 1281.97 as dra
Led depends on the intent or good faith. Therefore, the reason for the failure to pa...

Excerpt: ... had not expired before the summary judgment motion was made. The summary judgment was filed on April 25, 2023, well before Defendant served its expert demand on June 23, 2023. The exchange was to occur on July 20, 2023, to which Plaintiff did respond (albeit 10 minutes late and without the required information.) (Declaration of Joseph M. Radochonski, 3, 4.) ICOA: Assuming Defendant met its burden of proof, Plaintiff produced the testimony of Dr....

Excerpt: ...follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2016. (306 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included language identical to the RISC in this case. (ld. at 617) The trial court denied the motion, and the appellate court affrmed. (ld. at 616-17.) Th...

Excerpt: ...) breach of the fiduciary duty; and (3) damage proximately caused by the breach." (Stanley v. Richmond (1995) 35 Cal.App.4th 1070, 1086.) "Whether a fiduciary duty exists is generally a question of law. [Citation.]" (Marzec v. California Public Employees Retirement System (2015) 236 Cal.App.4th 889, 915.) A fiduciary relationship is any relation existing between parties to a transacton wherein one of the parties is... duty bound to act with the u...

Excerpt: ...t of Ray's client files. As this is the sole basis of the complaint, as to her, the Demurrer is SUSTAINED as to all COA for lack or standing. As DR has had an opportunity to state these claims following the prior demurrer, and has failed to allege any new facts to meaningfully change the claim, the demurrer is SUSTAINED WITHOUT further leave to amend as to DR. As to the ICOA (all defendants): SUSTAINED as follows: Conversion is: (1) plaintiff's o...

Excerpt: ...rtment is in public records that have been disclosed to the Department by USRECH and Calmwater in applying for a lend-ng license. Moving parties assert that while information was disclosed to the Department, all of it is not publicly available and remains confidential. Lander claims the information he seeks will establish that USRECH is not entitled to a usury exemption because it was not licensed when the loan was made, and was required to be li...

Excerpt: ...se may arise without a transactional relationship when a known safety risk is concealed. (See Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836.) There is no duty to disclose a latent defect where "the complaint is devoid of factual allegations showing any instance of physical injury or any safety concerns posed by the defect." (ld., see also Bardin v. DaimlerChrysler Corporation (2006) 136 Cal.App.4th 1255, 1261-1262.) ...

Excerpt: ...information; (c) personal health information, etc. The request is reasonably calculated to lead to the discovery of admissible evidence. Objections that were raised for the first time in the opposition, but not included in the responses or supplemental responses to the subject RPFs, are not considered. The Motion is GRANTED as to RFP Nos. 65 and 65. RFP Nos. 75 and 86 are MOOT. Plaintiffs demonstrate a sufficient good cause basis for the producti...

Excerpt: ...terpretation and enforcement of the agreement. Under 9 USCS S 1, a provision of the FAA, it states that "nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." Said provision has been read to provide a limited exemption to the FAA for contracts of employment for workers engaged in interstate commerce. Nieto v. Fresno Beverage Co., Inc...

Excerpt: ... privilege log. GM has not provided a definitive response stating that it is not withholding any documents. Instead, GM essentially states that it is not withholding "relevant" documents. This statement incorporates objections on ground the RPDs are overly broad, lack relevance and/or are not reasonably calculated to lead to the discovery of admissible evidence. But, the Court specifically overruled GM's objections on these grounds. If GM is not ...

Excerpt: ...e any transmission issues until November 2021. (First Amended Complaint, 52.) The vehicle again displayed transmission issues in January 2022. (ld. at '1 53.) Plaintiffs allege that they did not know until this lawsuit was filed that their vehicle could not be repaired. (ld. at '1 56.) using November 2021 as the date that Plaintiffs discovered the defect to start to the statute of limitations does not bar this matter. Based on the allegations ass...

Excerpt: ...ery recent decision — Ochoa, supra, 89 Cal.App.5th 1324, 305 Cal.Rptr.3d 611 — the Court of Appeal for the Second District declined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2016. (306 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included langua...

Excerpt: ...obligated under the settlement agreement. Plaintiff has not added any new allegations to the FAC to cure the defects addressed in the Court's ruling on the last demurrer. The FAC alleges that, on or about October 8, 2019, Plaintiff and Defendant Elmashat entered into a settlement agreement in the separate lawsuit, Ayoub v. Candee (MCC1701291). The terms of the settlement were memorialized in a Stipulation and Order, which was entered in that acti...

Excerpt: ... notify the potential defendant of the alleged violations and demand correction. (Civ. Code, 51782; Von v. Sprint PCS (S.D. Cal. 2CG) 312 F.Supp.2d 1285, 1304.) his notce must be writing and must be sent by certified or registered mail with return receipt requested to defendant's principal place of business in California or the place where the transaction occurred. (Civ. Code, (2).) he notice requirement is applied literally and strictly. (Outboa...

Excerpt: ...ncerning HIV/sexually transmitted diseases, "lab test results and reports", "radiology reports", and "billing for all conditions." Billing information is limited to Plaintiff's claimed psychological injuries and related physical manifestations. Analysis: Defendants are entitled to obtain Plaintiff's medical history of his claimed injuries. In addition, the unmodified description of records is overly broad, and may cause disclosure of sensitive me...

Excerpt: ...clined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta models and sued Ford Motor Company ("FMC") in 2015 and 2015. Page 3 of 4 (305 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included language identical to the RISC in this case. (ld. at 617) The trial court denied the motion, and the appellate court affirm...

Excerpt: ...f's RJN is GRANTED. The Motion is GRANTED. Therefore, Sanctions are DENIED. Analysis: 1. Protected Activity Plaintiff concedes the malicious prosecution claim is subject to the instant ant-SLAPP moton because it constitutes protected speech. (Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 734-735 ("by its terms, section 425.16 potentially may apply to every malicious prosecution action because every such Page 3 of 4 action arises from a...

Excerpt: ...th 1548, 1564-1569; also see Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97.) The Demurrer is SUSTAINED without leave to amend as to the 2COA (FRAUD). Crosscomplainant has failed to cure the defects addressed by the Court in its ruling sustaining a previous demurrer to the FACC filed by Cross- Complainant Wall. Wall is alleging a fraud cause of action against Calmwater under two separate theories: (1) that Calmwater intentiona...

Excerpt: ...ent decision —Ochoa, supra, 89 Cal.App.5th 1324, 306 Cal.Rptr.3d 611 —the Court of Appeal for the Second District declined to follow Felisilda. There, the plaintiffs experienced problems with the transmissions in their Ford Focus and Fiesta Page 3 of 4 models and sued Ford Motor Company ("FMC") in 2015 and 2016. (305 Cal.Rptr.3d at 616-17.) FMC moved to compel arbitration of the plaintiffs' claims under the sales contracts, which included lan...