Excerpt: ...exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (C.C.P. § 2034.210(a).) C.C.P. § 2034.210 anticipates a simultaneous exchange by all the parties. Plaintiff Ms. Bozner cites to no authority that she can be excluded from such an exchange. Because the form...

Excerpt: ...er of an injured worker for any injury that it within the scope of workers' compensation coverage (Lab. C. §3602(a)). If a complaint affirmatively alleges facts indicating coverage by the workers' compensation laws and fails to allege additional facts negating application of the exclusive remedy principle, no civil action will lie and the complaint is subject to demurrer (Colombo vs. State of California (1991) 3 Cal. App. 4th 594, 599). An emplo...

Excerpt: ...arty. Defendant Long Ngoc Phan DMD, Inc., fails to cite to any portion of HIPAA to support that the subject information is protected by HIPAA. HIPAA protects the handling of personal medical information and provides privacy standards for said information. Brown v. Mortensen (2011) 51 Cal.4th 1052, 1066. Under 45 CFR § 160.103, “health information” is defined as any information that is created by a healthcare provider and relates to “the pa...

Excerpt: ...ce, and either partner may claim the privilege. (People v. Dorsey (1975) 46 Cal.App.3d 706, 717.) A communication is presumed to have been made in confidence in the course of a marital partnership, and the opponent of the privilege has the burden to establish that it was not confidential. (Evid. Code § 917.) The County fails to demonstrate that the communications were not privileged. Further, the questions invade the privacy associated with the ...

Excerpt: ...tion of an alleged debt by filing the lawsuit. (Cross‐Complaint, ¶58‐61.) As such, liability is based on the filing of the Complaint. This protected activity is not merely incidental or collateral to the abuse of process and Rosenthal Act violation claims. Cross‐Defendants do not concede their actions were illegal. Jon Lieberg indicates that in 2009, he entered into an oral agreement to represent Cross‐Complainant, Gary and other entitie...

Excerpt: ...e all currently scheduled hearing dates and discovery deadlines. It argues that the Burnell case involves the same PAGA claims as this case and that the Settlement subsumes all claims on behalf of the State of California and all Aggrieved Employees. Defendant contends this case will be barred once the settlement is approved and judgment is entered by the District Court. Plaintiff argues that Defendant has not established that the PAGA claims asse...

Excerpt: ...se of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer or motion to strike, at least 5 days before the responsive pleading is due. (CCP § 430.41(a), § 435.5(a).). The moving party is then required to file a declaration stating either 1) the means by which the parties met and conferred and that the parties did not reach an agreement or 2) that the party who filed the pleading subject ...

Excerpt: ...363(i) provides in pertinent part: Notwithstanding Section 3517.8 or any provision of an expired memorandum of understanding, this section shall apply to a state peace officer/firefighter member who is employed by the state for the first time and becomes a state peace officer/firefighter member of the system on or after January 15, 2011, and is represented by State Bargaining Unit 6 or 7. Section 21363.8 provides a 3% at 50 years of age, and appl...

Excerpt: .... (1992) 2 Cal.4th 1035, 1040; Parker v. Walker (1992) 5 Cal.App.4th 1173, 1190; Reichert v. General Ins. Co. (1968) 68 Cal.2d 822, 831.). The Second Amended Complaint provides a sufficient explanation of any alleged inconsistencies with the prior pleadings. Thus, it is not subject to the sham pleading doctrine. Although there is no appreciable difference between the fifth and sixth causes of action for fraud and false promise, the Second Amended...

Excerpt: ...ormation and Certification of Dissolution for CSJ and Ohio Secretary of State Agent/Registrant Information and Certificate and Application for License for CSJ. These documents may be judicially noticed pursuant to Evid. Code §452(c) as public records filed with the Secretary of State. (Cody F. v. Fattetti (2001) 92 Cal. App. 4th 1232, 1236, FN 2.) The requests for judicial notice of these documents is granted. Plaintiffs also request judicial no...

Excerpt: ...of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) Defendants' “moot” argument is irrelevant because Defendants are going beyond the pleadings or judicial notice. On the merits, there is currently a split of authority on the issue. In two cases, courts have held that the damages cap is $500 per action, and not violation. (Nevarrez v. San Marino Skilled Nursing and Wellness Centre (...

Excerpt: ...e parties submitted a Joint Stipulation/Order to Continue the hearing again, and it was continued to 5/30/19. That Stipulation indicated that both parties planned on conducting extensive additional discovery. According to the 4/16/19 Joint Status Report, the parties believe that resolution of the issues presented in this motion will facilitate a settlement. The Court declines to consider any of papers filed after 3/6/19. The 3/6/19 Reply papers (...

Excerpt: ... LLC (2007) 152 Cal.App.4th 1106, 1117‐1118.) The Court notes that Plaintiffs improperly attached exhibits to their Opposition. The exhibits appear to be the same documents as those attached to the Second Amended Complaint. First Cause of Action for Intentional Misrepresentation: The cause of action was sustained in the Demurrer to the First Amended Complaint. Plaintiffs have made no substantive changes. Second Cause of Action for Negligence: T...

Excerpt: ...GRANTED. (Evid. Code § 452(c).) Evidentiary Objections: Defendant's evidentiary objections are OVERRULED as to numbers 1 and SUSTAINED as to numbers 2 ‐ 5. RULING PAGA Claim: Defendant argues, and Plaintiff does not dispute, that the Federal Arbitration Act (FAA) (9 U.S.C. §§1 et seq.) applies to this case. Zakaryan v. The Men's Wearhouse (2019) 33 Cal.App.5th 659 (“Zakaryan”), Williams v. Superior Court (2015) 237 Cal.App.4th 642 (“Wi...

Excerpt: ...ue and are not pled with particularity. It is not clear how Cambridge or its staff caused the bedsores, which may have resulted from ordinary negligence rather than recklessness, malice or oppression. Furthermore, improper monitoring may constitute professional negligence rather than elder abuse. (Carter v. Prime Healthcare Paradise Valley LLC,supra, 198 Cal. App. 4th at 411.) As currently pled, Plaintiffs have not stated facts with sufficient sp...

Excerpt: ...rga failed to meet his initial burden. (The Court notes the spelling of Michal Murga's first name.) On the Third Amended Cross‐Complaint, Michal Murga failed to address the 2nd ‐ 5th causes of action, and therefore, summary judgment is improper. The Court treats this solely as a Motion for Summary Adjudication on the 1st cause of action for partition, which the Court denies as premature in light of the pending quiet title claim. The Court not...

Excerpt: ... the burden and allows Plaintiff to determine whether the forms were provided to each employee and whether the employees signed the forms acknowledging the policy. Therefore, Defendant is Ordered to produce, within 30 days, responsive documents for a random sample of 15% of the employees described in the RFP. RFP No. 2: Please provide each and every earning statement (paystub), copy of check and pay detail for each pay period along with the compl...

Excerpt: ...join Defendants “from transferring, conveying, selling, distributing, paying, liquidating or otherwise disposing of any income or assets in their possession and, in addition, are prohibited from starting, forming, or otherwise creating an entity or other business to carry on or conduct the business of CSJ Services, Inc.” Defendants contend that there is no irreparable harm since Plaintiffs already have a judgment. They also argue that this Co...

Excerpt: ....4th 764, 774.) The North American Court stated: “A contract to perform services gives rise to a duty of care which requires that such services be performed in a competent and reasonable manner. A negligent failure to do so may be both a breach of contract and a tort. (Citations omitted.) In such a hybrid circumstance, the plaintiff is entitled to pursue both legal theories until an occasion for an election of remedies arises.” (Ibid.) This i...

Excerpt: ... Cal.App.3d 749, 754.) Petitioner does not dispute she was ineligible for benefits she received from January 20, 2014, through July 29, 2014. Even after reducing her part‐time income by 25 percent, as required by Unemployment Insurance Code section 1252, Petitioner's income of at least $455.17 weekly exceeded her benefits of $256 each week. Under section 1252, Petitioner was not eligible for the unemployment benefits she received. Respondent al...

Excerpt: ....4th 764, 774.) The North American Court stated: “A contract to perform services gives rise to a duty of care which requires that such services be performed in a competent and reasonable manner. A negligent failure to do so may be both a breach of contract and a tort. (Citations omitted.) In such a hybrid circumstance, the plaintiff is entitled to pursue both legal theories until an occasion for an election of remedies arises.” (Ibid.) This i...

Excerpt: ...ng repurchases for the same vehicle type and defect (no. 30); documents regarding complaints of the same vehicle regarding the same defect (no. 31); and surveys, summaries, reports and documents regarding owners of the same vehicle regarding the same defects. Plaintiff has shown good cause as they relate to the buyback policies, which are relevant for a Song‐Beverly claim. Civil Code § 1794(c), authorizes a civil penalty in lemon law cases “...

Excerpt: ...nication was made for a purpose other than the realization of a litigation objective, the litigation privilege does not apply. A corporation can lose the right to its name during a period of suspension, necessitating a name change before reviver. (Boyer v. Jones (2001) 88 Cal. App. 4th 220, 225.) A suspended corporation is disqualified from exercising any right, power or privilege including the right to hold a corporate name and prevent others fr...

Excerpt: ... for the subject pipeline. In its original 8/03/18 Application and 8/10/18 Amended Papers, EMWD presented evidence (the Declarations of Joe Mouawad) of how it had the potential to be harmed should EXETER be allowed to continue covering the easement with fill dirt as it constructed its project (additional efforts, monies, and expenses would be required to access and maintain the pipeline if it remained at the 16‐18 foot depth under EXETER's addi...

Excerpt: ...ack. Plaintiffs allege (FAC §23) that FORD knew about and concealed the Engine Defect in Plaintiffs' vehicle, and instead of repairing the defects, performed superficial and ineffectual repairs that simply masked the symptoms; that FORD actively concealed the existence and nature of the defect from Plaintiffs at the time of purchase, repair, and thereafter (§40); that FORD had dealers implement a “BandAid” strategy that allowed limited repa...