Excerpt: ...e requests to include only records of similar misconduct no older than five years. Categories 7, 8 and 10 include records showing the impressions and conclusions of the investigating officer, which are not discoverable. The Motion is denied as to these categories, as well as Categories 9 and 13 for which Plaintiffs have not established good cause. A Pitchess motion must be accompanied by a declaration showing good cause for disclosure, setting fo...

Excerpt: ... of a 664.5 motion constitutes a rendition of a judgment as soon as the decision is entered in the minutes of the court. (Casa De Valley View Owner's Assn. v. Stevenson (1985) 167 Cal.app.3d 1182, 1193.) (1) In accordance with the terms of the Agreement, PHC rescinded the Termination and reinstated the Purchase Agreement as of the date of the execution of the Agreement by PHC, resetting the closing date of Hanson's purchase of the Subject Propert...

Excerpt: ...th no actual responses. Defendant also notes the responses were not verified. As to the lack of verification, if discovery responses consist entirely of objections, as they do here, only the attorney's signature is required. (CCP §2030.250(a), (c); see Blue Ridge Ins. Co. v. Sup. Ct. (Kippen) (1988) 202 Cal.App.3d 339, 344.) As to the substance of the responses, Plaintiffs assert the work product and attorney client privileges in refusing to pro...

Excerpt: ...ir Competition includes derivative claims and seeks dissolution. Chaparro alleges among other things, that Basford exposed the corporations to liability by fraudulent participation in the Federal Paycheck Protection Loan Program, and that he forged checks and embezzled/converted corporate funds. (See, e.g., Compl., ¶¶ 17, 18.) Chaparro now seeks to disqualify The Watkins Firm based upon its concurrent representation of Basford and the Corporati...

Excerpt: ...) 213 Cal.App.3d 131, 138.) Absent the injunction, Plaintiff will suffer harm because she will lose her home. Thus, the issue is a probability of prevailing on the merits. 1st Cause of Action – Promissory Estoppel Plaintiff alleges that she relied on Defendant's assertions to send documentation affirming the debt and forewent alternative loans and refinancing. (FAC ¶27.) Her declaration does not add to her claims. She contends that after Speci...

Excerpt: ...n asserts that she is not a resident of California, and resides in Alberta, Canada; that she does not own property nor conduct any business in California, and does not consent to jurisdiction. Dixon argues that there is no general nor specific jurisdiction in California, and that this dispute is currently being litigated in Alberta, Canada. In general, a court may exercise personal jurisdiction over a defendant who is physically present in the fo...

Excerpt: ...Plaintiff's motion to reopen the case for the limited purpose of entry of the judgment pursuant to CCP §998(b)(1). The court notes that the court did not enter the dismissal pursuant to section 998, but rather dismissed because Plaintiff failed to respond to the OSC. The court noted that until Plaintiff moved to set aside the dismissal, the court lacked jurisdiction to enter judgment under CCP §998. Page 5 of 7 Plaintiff now moves for relief fr...

Excerpt: ...spond. [Citation.]” (Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 14 Cal.App.5th 841, 848, fn. 3.) “Even as against a special demurrer, a plaintiff is required only to ‘set forth in his or her complaint the essential facts of the case with reasonable precision and with particularity sufficiently specific to acquaint the defendant of the nature, source, and extent of his or her cause of action.'[Citation.]” (County of Santa Clara...

Excerpt: ...of Action – Violation of Labor Code §1102.5 Defendant argues that Plaintiff fails to establish a prima facie case because there is no causal connection, since it asked him to stay. It also argues legitimate business reason based on the investigation. Plaintiff argues temporal proximity for prima facie and pretext. Labor Code §1102.5(b) precludes an employer from retaliating against an employee for disclosing information to a government, law e...

Excerpt: ... all documents were produced. (Decl. of Bernhoft, ¶3.) Defendants do not identify any particular documents that have not been produced. Instead, the separate statement shows only that, at the time of the deposition, Dr. Bernhoft could not confirm that the entire file had been produced because his employee who made the production was not present. In light of Dr. Bernhoft's declaration that he has now confirmed that all documents have been produce...

Excerpt: ...hile relevant, the request seeks the identity of individuals who stayed in a medical facility. As such, it infringes on third party privacy rights. The fact that a person is or was a resident of a skilled nursing facility arguably relates to “the physical or mental condition” of an individual within the meaning of HIPAA.” (See 45 CFR § 160.103 (“Health information means any information … that … [r]elates to the past, present, or futu...

Excerpt: ...ander III: Objections 1 to 20 are overruled. 3. Declaration of Dustin L. Collier: Objections 1 to 30 are overruled. Each of the declarations provides a basis for the court to make a determination of whether the hourly rates are reasonable and in keeping with counsel of similar experience and expertise as plaintiff's counsel. The court considers the evidence even though not binding because it provides evidence of the reasonableness of the fees cha...

Excerpt: ...are no allegations that Guerrero took or assisted in taking property belonging to Plaintiffs in order to support the third cause of action for financial elder abuse Negligent Misrepresentation (First Cause of Action) Negligent misrepresentation must be pleaded with particularity to demonstrate how, when, where to whom and by what means the representations were made. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1028; SI 59 LLC v. Variel Warner Ven...

Excerpt: ...any tolling applies based on lack of mental capacity or pending criminal proceedings. Due the Court's unavailability on July 20, 2021, if oral argument is requested the hearing is continued to July 23, 2021 at 8:30 in Department 7. Plaintiff seeks relief from the claim presentation requirement. Plaintiff asserts that on February 13, 2021, she applied to the County of Riverside Administrators for leave to present a late claim, which was denied on ...

Excerpt: ... dangerous condition, and whether such breach was a substantial factor in bringing about harm to Plaintiff. Due the Court's unavailability on July 20, 2021, if oral argument is requested the hearing is continued to July 23, 2021 at 8:30 in Department 7. West Riverside has failed to meet its initial burden. Store owners who know, or through the exercise of reasonable care should know, that a defective condition on the premises creates an unreasona...

Excerpt: ...rden by presenting controverting evidence showing that a triable issue of one or more material facts exists as to whether the specific loss which Plaintiff alleges to have suffered is a type subject to the waiver. Evidentiary Objections The matters which the parties objected to were not material to the analysis and ruling herein. Objections properly presented in compliance with CRC 3.1352, but not ruled on, are preserved for appeal. (Code Civ. Pr...

Excerpt: ...urden of establishing: (1) the action is proper in the county he or she seeks transfer to; and (2) the county where the action was filed is an improper venue. (La Mirada Community Hospital (1967) 249 Cal.App.2d 39, 42.) Plaintiff's choice of venue is presumed correct and the individual moving to change venue has the burden to show that venue is incorrect. (Buran Equip. Co. v. Superior Court (1987) 190 Cal.App.3d 1662, 1666.) Venue for a breach of...

Excerpt: ... its discretion, and upon terms it deems proper.” (Code Civ. Proc., §436.) The Court exercises its discretion to consider the motion, even though it is not timely filed. The grounds for a motion to strike must appear on the face of the challenged pleading or from matter which is judicially noticeable. (Code Civ. Proc., §437(a).) In ruling on a motion to strike, “judges read allegations of a pleading subject to a motion to strike as a whole,...

Excerpt: ...n issues of property management, and his declaration testimony is based upon a review of the accident site and on Plaintiff's deposition testimony. (See Snyder Decl. ¶¶ 1‐2, Exhibit 1 [CV].) The remaining objections made on the same grounds are likewise overruled. Generally speaking, expert testimony is admissible where (1) the subject matter is sufficiently beyond common experience that the opinion would assist the trier of fact, (2) the exp...

Excerpt: ...135, fn. 1.) Decedent's criminal history may be relevant in the defense of the wrongful death claims, but these records are not relevant to the issues raised by the Motion to Quash. It is not clear how these criminal records affect the relevancy or privacy implications of Plaintiff's medical or employment records. Accordingly, the request for judicial notice is denied. A deposition subpoena for production of business records may be used to obtain...

Excerpt: ...ligent conduct and the injury; and (4) resulting loss or damage. (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) “The first element, standard of care, is the key issue in a malpractice action and can only be proved by expert testimony, unless the circumstances are such that the required conduct is within the layperson's common knowledge.” (Ibid.) Plaintiff's separate statement does not dispute facts 89‐95, which state that medical ca...

Excerpt: ... proceeding.” Code of Civil Procedure section 1033.5 provides that the costs which a prevailing party is allowed to recover under section 1032 includes attorney's fees authorized by contract, statute, or law. (Code Civ. Proc., §1033.5(a)(10)(A),(B)&(C).) Courts have construed the term “statute” to include “municipal ordinances.” (City of Los Angeles v. Belridge Oil Co. (1954) 42 Cal.2d 823, 833‐834.) Here, the City seeks attorneys' f...

Excerpt: ...avid Smith, filed with this Court on October 4, 2019; (D) Statement of Decision and the Judgment after trial in Case No. RIP 1600410; and (E) Relevant portions of Celestine Barnes' trial Testimony‐ March 10‐ 11, 2020. Court documents may be judicially noticed pursuant to Cal. Evid. Code §452(d), which permits judicial notice of court records. However, “although the existence of a document may be judicially noticeable, the truth of statemen...

Excerpt: ...hall designate…a date not more than 30 days after filing of the notice.” (CCP §418.10(b).) This motion was not filed within thirty days of the date the proof of service was filed – the proof was filed on March 12th and the motion was not filed until April 19th. However, “the trial court is authorized to extend the time for filing such a motion.” (Olinick v. BMG Entertainment (2006) 138 Cal.app.4th 1286, 1296.) The motion is accompanied...

Excerpt: ...rtherance of justice and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.” (CCP §576.) “This statutory provision giving the courts the power to permit amendments in the furtherance of justice has received very liberal interpretation by the courts of this state.” (Klopstock v. Superior Court (1941) 17 Cal.2d 13, 19.) “That the trial courts are to liberally permit such amendments at an...

Excerpt: ...n v. Parliament Escrow Co. (1989) 190 Cal.App.3d 1051, 1062.) Lodestar is the objective starting point to determine if attorney's fees are reasonable. (Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1242.) Lodestar is calculated by assessing the reasonable rate for comparable services in the local community, multiplied by the reasonable number of hour spent on the case. (Id.) Lodestar requires the court to determine what a reasonable rate a...

Excerpt: ... issue whether a special relationship exists giving rise to a duty to protect (or warn) comprehends consideration of the same factors underlying any duty of care analysis.” (Hansra v. Superior Court (1992) 7 Cal.App.4th 630, 646.) The existence and scope of a landowner (or possessor's) duty turns on whether the third‐party conduct could reasonably be anticipated. (Robison v. Six Flags Theme Parks, Inc. (1998) 64 Cal.App.4th 1294, 1300‐1305)...

Excerpt: ...nt agreements for sexual harassment cases in California Defendants still did so.” Information is regarded as relevant if it might reasonably assist a party in evaluating the case, preparing for trial, or facilitating settlement. (See Lipton v. Superior Court (1996) 48 Cal.App.4th 1599, 1611; Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546.) Importantly, admissibility is not the test, and information, unless privileged, is discoverab...

Excerpt: ... informed Plaintiff that she would be filing a motion for judgment on the pleading and would follow up with a meet and confer letter. (Declaration of Heather K. Cox [“Cox Decl.”], ¶2.) On April 30, 3021, Defendant's counsel sent a letter to Plaintiff, indicating that the Complaint fails to state any claim against Defendant, especially in light of the recent ruling of the Court granting the special motion to strike in favor of Defendants Jime...

Excerpt: ...1) the defendant concealed a material fact; (2) the defendant had a duty to disclose the fact to the plaintiff; (3) the defendant intentionally concealed the fact with intent to defraud; (4) the plaintiff was unaware of the fact and would not have acted had she or he had knowledge of the concealed fact; and (5) the plaintiff sustained damages as a result of the concealment. (Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th...

Excerpt: ...f's prosecution of the action was not in good faith.” The CLRA does not define the term “prevailing plaintiff” and courts have employed different approaches in deciding that issue to award CLRA fees and costs. (Kim v. Euromotors West/The Auto Gallery (2007) 149 Cal.App.4th 170, 178‐179; see e.g., Reveles v. Toyota by the Bay (1997) 57 Cal.App.4th 1139, 1149 (the prevailing party is the “party with the net monetary recovery” as general...

Excerpt: ...dure Before Trial (The Rutter Group 2020) (“Weil & Brown”), § 8:598.) “At a hearing on a motion to quash, the court must determine whether the party seeking the discovery has made a showing of good cause for the production of said matters and whether the items sought are material and relevant to the case.” (M.C.A. v. State of California, (1982) 128 Cal.App.3d 225, 232‐33.) A. The Subpoena Requests Are Narrowly Tailored and Seek Documen...

Excerpt: ...ement must identify each material fact in respect to the cause of action. (Cal. R. Ct. 3.1350(d)(1)(B).) It should only include material facts and not facts that are not relevant to the disposition of the motion. (Cal. R. Ct. 3.1350(d)(2).) “The separate statement serves two important functions in a summary judgment proceeding: it notifies the parties which material facts are at issue, and it provides a convenient and expeditious vehicle permit...

Excerpt: ...d wages while employed by Zhang. As such, there appears to be no bad faith on Lan Zhao's part. Zhang contends that Lan Zhao did act in bad faith, but she provides no evidence to support this assertion. In order to establish that good faith does not exist, substantial evidence must be presented. Silver Orgs. v. Frank (1990) 217 Cal.App.3d 94, 99‐100. Under C.C.P. § 473(a),“[t]he court may, in furtherance of justice, and on any terms as may be...

Excerpt: ...as it had nothing to do with the state of the asphalt. The elements of a negligence claim are: (1) legal duty owed to plaintiffs to use due care; (2) breach of duty; (3) causation; and (4) damage to plaintiff. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.) To the extent that this is based on premises liability, it is also a form of negligence. Accordingly, the elements of a claim for injuries suffered by an inv...

Excerpt: ...“If, after service of a deposition notice, a party to the action … without having served a valid objection under Section 2025.410, fails to appear for examination …, or to produce for inspection any document …, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection for any document … described in the deposition notice.” (Code Civ. Proc., §2025.450(b)(2), ita...

Excerpt: ...ry 24, 2017 regarding the adoption of Ordinance 771.2 amending Ordinance 771. The Court takes judicial notice of this document under Evid. Code §452(b), which permits judicial notice of regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States Demurrer: Except as otherwise provided by statute, a public entity is not liable for an injury, whether such injury arises out o...

Excerpt: ...t. (Dec.Janssen ¶3; Dec.Johnson ¶16; and Notice of Lodgment [NOL] Ex. “11” [arbitration agreement.]) Defendants assert that since Decedent was unresponsive and sedated upon admission, Anthony necessarily signed the documents as Decedent's agent and bound all claims to be resolved in arbitration. Anthony Sanchez declares that he was informed by Defendants' staff that as his mother's sons, any of them could sign on her behalf. (Oppo., Dec.Ant...

Excerpt: ...party required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the entire case unless good cause is shown why the case should not be dismissed.” (Cal. R. Ct. 3.1385(c)(2).) This is the basis of the dismissal. “The only decision before the court at a rule 3.1385 hearing is whether to dismiss the case or restore it to the civil active list.” (Irvi...

Excerpt: ...” whether the offer for reinstatement was for a job substantially equivalent to her prior position, and whether the rejection of the offer was reasonable. Defendant's motion is also procedural defective because Defendant failed to show summary adjudication would dispose of all of Plaintiff's claim for economic damages, as opposed to lost income only. A motion for summary adjudication can be granted only if it completely disposes of the cause of...

Excerpt: ...submitted with the original declaration without explanation, and is therefore untimely, is stricken, and has not been considered by the Court. A motion for preliminary injunction must show (1) a probability of prevailing on the merits, and (2) that the balance of hardships favors issuance of the injunction. (O'Connell v. Superior Court (2006) 141 Cal.App.4th 1452, 1463.) However, “[t]he applicant must demonstrate a real threat of immediate and ...

Excerpt: ....) The motion by the defaulting party based on equitable grounds may be made at any time, provided the party acts with diligence upon learning of the relevant facts. (Trackman v. Kenney, 187 Cal.App.4th at 181; County of San Diego v. Gorham (2010) 186 Cal.App.4th 1215, 1226‐1230.) Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been “deliberately kept in ignorance of the action or proceeding, or i...

Excerpt: ...that the defendant's conduct was deceptive and the deception caused plaintiff harm. (Massachusetts Mutual Life Ins. Co. v. Superior Court (2002) 97 Cal.App.4th 1282, 1292.) Plaintiff alleges that TOD violated the CLRA by: (1) misrepresenting the Vehicle's condition; (2) concealing the Vehicle' s condition; (3) telling Plaintiff the Vehicle was in excellent condition when it was not; (4) telling Plaintiff the Vehicle was a certified vehicle, when ...

Excerpt: ...f alleges that the District discriminated against him by siding with Sanchez and terminated him without a proper investigation because she is a woman. (Compl., ¶13, 14, 17.) The District argues that Plaintiff was terminated based on the allegations and subsequent investigation and findings of theft. However, other than vague statements made by Plaintiff, the District produced no evidence of the investigation. Plaintiff does not dispute that the ...

Excerpt: ...duct by subjecting him to unnecessary and unwarranted police investigations. (Compl., ¶31.) He asserts that Sanchez published a false accusation of grand larceny. (Ibid.) Sanchez argues that this conduct was not outrageous because the accusations were true based on Plaintiff's guilty plea in the criminal proceedings. Plaintiff testified that he pled guilty to misdemeanor embezzlement in the criminal matter concerning the alleged stolen property....

Excerpt: ...l's Remittitur states that Plaintiff is entitled to recover costs on appeal. That is incorrect. The Remittitur states “The parties shall bear their own costs on appeal.” That is also in the Opinion's Disposition at p. 10 (“The parties shall bear their own costs on appeal”). Although Plaintiff does not expressly seek recovery of anything but attorney's fees, the motion includes (Exhibit 2) documentation regarding $485.26 in “disbursement...

Excerpt: ...case, and this motion, the Court tentatively finds that Moving Party Carol Pulliam is a vexatious litigant pursuant to CCP 391(b)(3) and sets the following Order to Show Cause: Carol Pulliam is Ordered to Appear and Show Cause as to why she should not be declared a vexatious litigant pursuant to CCP 391(b)(3) and why the Court should not require her to obtaining a prefiling order, per CCP 391.7(a), before she may be allowed to file any further li...