Excerpt: ...cing the examinee's reasonable travel costs and expenses. (CCP S 2032.320(e)(1)and(2)) Plaintiff does not dispute that he has refused to travel to California from Pennsylvania for the Independent Medical Exam (IME), despite Defendant's offer to pay travel costs. (See "Sarmiento Declaration", Para.16; Opposition, p.4.) The court finds that Defendant has shown cause for Plaintiff to travel to California for the IME because, despite Defendant's best...

Excerpt: ...served within three years after the achon is commenced against the defendant...[A]n action is commenced at the time the complaint is filed." Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (Inversiones Papaluchi S.A.S. v. Superior Court (2018) 20 Cal.App.5th 1055, 1051.) CCP S 583.250(b) further provides that [ "If service is not made in an action within the time prescribed in this article...[...

Excerpt: ...N, INC. (ERRONEOUSLY SUED AS HONEYCOMB INVESTMENT & LOAN, INC.) demur to Plaintiff's complaint for uncertainty and failure to state a cause of action, Causes of Action 2-9, because the Honeycomb entities were not incorporated or formed until after the purchase agreement was executed by the parties on 1/18/22. The Court rejects this contention, as the Purchase Agreement states that Honeycomb was the brokerage firm acting on behalf of both Sellers ...

Excerpt: ...A S 502(a), 29 U.S.C. S 1132. Conflict preemption does not apply under ERISA S 514, 29 U.S.C. S 1144, since Plaintiff's claims here for implied contract, misrepresentation, negligence and quantum meruit are based on alleged oral representations made by United's employee regarding a promise to pay for services provided by the Surgery Institute. While the Plan may be the initial step in the causation chain, in that the alleged misrepresentations we...

Excerpt: ...e Security Act of 1974 (ERISA), Congress included two distinct and powerful preemption provisions: complete preemption under ERISA S 502, 29 U.S.C. S 1132, and conflict preemption under ERISA S 514, 29 U.S.C. S 1144. A state law claim is completely preempted if an individual, at some point in time, could have brought his claim under ERISA S and . there is no other independent legal duty that is implicated by a defendant's actions." (Aetna Health ...

Excerpt: ...ttlement pursuant to CCP S 654.6. (Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 206; Wackeen v. Malis (2002) 97 Cal.App.4th 429, 439-440.) "Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement." (Sully-Miller Contracting Co. v. Gledson/cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37.) A request for the trial co...

Excerpt: ...agreement contained in the Warehouse Services Agreement (WSA) and CCP S 1281.2. The parties do not dispute that the WSA contains an arbitration clause. (See Zhu. Decl., Para.3, Ex."A", Para.17.) Plaintiff's claims fall squarely within the arbitration clause as they concern the indemnification provision within the WSA arising from or related to the storage of products at Plaintiffs warehouse and/or Opene's performance under the Warehousing Service...

Excerpt: ...sary evidence to prove their affirmative defenses. Plaintiff's objections are overruled. Summary Adjudication of the third and sixteenth affirmative defenses is Granted Plaintiff is entitled to incidental and consequential damages under the Song-Beverly Act and because Plaintiff does not assert a Magnuson Moss claim in the complaint. As to the tenth affirmative defense, Defendant does not oppose the motion to this affirmative defense. Summary Adj...

Excerpt: ...ntract and repair orders. As such, they are not unreasonable and the Motion to Tax is denied as to these costs. For expert witness fees, under CC 51794(d), the Legislature intended the phrase "costs and expenses" to cover items not included in the detailed statutory definition of "costs" set forth in CCP S 1033.5.(See Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 42. And Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 11...

Excerpt: ...hen shifts to Defendant "to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto." Here, Plaintiff has failed to present any evidence on the constructive trust, fraud and conversion causes of action. Hence, the Motion for Summary Judgment fails as a matter of law. As to Summary Adjudication of the remaining causes of action, the court finds that there are triable issues of material fact an...

Excerpt: ...The subpoenas are overbroad. Defendants are asking for anything and everything related to Plaintiff's time spent with third party Pomona Valley Hospital Medical Center. The temporal scope of the records subpoena is not limited to matters specifically relevant to this acton. Defendants have not established a specific compelling need to obtain disclosure of Plaintiff's private, unrelated and irrelevant employment records. Particularized evidence re...

Excerpt: ... The subpoenas are overbroad. Defendants are asking for anything and everything related to Plaintiff's time spent with third party Molina Healthcare of California. The temporal scope of the records is not limited to matters specifically relevant to this acton. Defendants have not established a specific compelling need to obtain disclosure of Plaintiff's private, unrelated and irrelevant employment records. Particularized evidence related to Plain...

Excerpt: ...c filing when a party is represented by counsel in a civil matter. Defendants are thus entitled to their electronic filing fees. Moreover, the 2/3/23 trial date was vacated on 9/7/22, and Defendants are entitled to the filing fees on the two disputed discovery motions. Motion is DENIED as to the request to tax filing and motion fees. Motion to tax is DENIED as to costs. Defendants are entitled to said costs under CCP S and Plaintiff fails to esta...

Excerpt: ...to Samuel Son & Company located in Illinois. Then, on June 12, 2023, Defendant served five additional subpoenas for production of business records to: Samuel Son & Company; Samuel Son & Company/Sierra Aluminum; JCR Law Group-Glendale; The Travelers Indemnity Company, Inc.; and Marriott International. By way of these subpoenas, Defendant seeks Plaintiff's employment and insurance records. Plaintiff brings the instant motion to quash the subpoenas ...

Excerpt: ... on its behalf as to matter on which the examination is requested.l The deposition notice must "describe with reasonable particularity the matters on which examination is requested." (Cal. Code Civ. Pro. S 2025.230.) The entity is then under a duty to designate and produce the officers, directors, managing agents or employees "most qualified" to testify on its behalf having knowledge of such matters. (ld.) Cal. Code Civ. S 2025.450(a) permits a p...

Excerpt: ... name of his solely owned corporation (The 26th Corp.) while Aquino took title in the names of his corporations, partnerships, and trusts. Page 5 of 11 Plaintiffs allege that Aquino's entities are shams and alter egos for him. The relationship continued until 2008 when Aquino allegedly started a feud with Whitney. On 3/19/08, Aquino sued U.S. Bank and Whitney in Orange County alleging that Whitney forged Aquino's signature on a check for $450,000...

Excerpt: ... to compel a further response as to document requests, the moving party must state facts demonstrating good cause justifying the discovery sought by demonstrating relevance and specific facts justifying discovery. (ld. at S 2031.310(b)(1).) he burden to show good cause for production "is met simply by a fact-specific showing of relevance." (Tbg Ins. Servs. Corp. v. Sup. Ct. (2002) 96 Cal.App.4th 443, 448.) Once good cause is established, the resp...

Excerpt: ... make arrangements with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court." (Cal. Rules of Court, rule 3.1306(c).) Plaintiff requests that the Court take judicial notice of the complete file in the judicial records in this case, without specifying which records, and hence fails to comply with rule 3.1306. Request for judicial notice is DENIED. I...

Excerpt: ...n this breach of contract action on August 29, 2022 against defendant Joseph Tash ("Defendant"). On May 23, 2023, Plaintiff served Defendant with Special Interrogatories ("SROGs"), Form Interrogatories ("FROGS") and Requests for Production ("RFPs"). Defendant failed to provide timely responses, resulting in Plaintiff's filing his present motions to compel (MTC). Defendant filed his oppositions to the motions to compel and Plaintiff filed his repl...

Excerpt: ...outstanding discovery is substantial, the court prefers an outline. (Cal. R. Ct. 3.1345(b)(2).) Factual / Prc„cedural Context: Plaintiffs Jaime Ordaz and Xochitl Ordaz allege that they purchased a used 2017 Cadillac Escalade on 1/10/21 that came with an express warranty. Plaintiff alleges that the vehicle has defects in the engine, electrical, transmission and structural system defects. Plaintiffs filed this action on 8/20/21 for: (1) violation...

Excerpt: ...to compel Plaintiff to provide further responses to special interrogatories 9-13, 22 and 25. He contends that despite meeting and conferring, Plaintiff has refused to supplement his responses. In Opposition, Plaintiff contends further response to 12-13 have been provided despite Defendant already having the information. He contends the remaining interrogatories are overbroad and any effort to meet and confer was not sufficient. As such, he conten...

Excerpt: ...nd identify the name of the document in which the specific material objected to is located, state the exhibit, title, page and line number of the material objected to, quote or set forth the objectionable statement or material, and state the grounds for each objection. (CRC 3.1354(b)(1)-(4).) Plaintiff's objections are non-compliant as they are contained in the separate statement. Defendants' objections do not comply as they are objections to ent...

Excerpt: ...of benefits. Unemployment Insurance Code S 1094(a) provides that: "the information obtained in the administration of this code is confidential, not open to the public, and shall be for the exclusive use and information of the director in discharge of his or her duties." Subdivision (b) states that this information is not admissible in evidence in any action or special proceeding, other than those arising out of the Unemployment Insurance Code. Se...

Excerpt: ...a commercial real estate loan broker liable for a lender's failure to fund. In its Reply, Golden Star raises several issues that were not raised in the moving papers, such as its arguments concerning causation, foreseeability of harm, intervening harm, and the absence of damages. To the extent Defendant raises new issues in its Reply, the Court will disregard those issues. (See Regency Outdoor Advertising v. Carolina Lances, Inc. (1995) 31 Cal.Ap...

Excerpt: ...ation. All of the Department's evidentiary objections to the declaration of Robert Bartlett are Sustained. Petitioner's Reply is untimely (two days late per CCP S 1005(b)), however, the court will exercise its discretion and consider the Reply. The court will not award Pettioner any costs in this matter. Cal. Rules of Court (CRC), Rule 3.17W(a) provides that a prevailing party who claims costs must serve and file a memorandum of costs within 15 d...