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 (1) In accordance with the terms of the Agreement, PHC rescinded the Termination and reinstated the Purchase Agreement as of the date of the execution of the Agreement by PHC, resetting the closing date of Hanson's purchase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: ...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: ...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: ... 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: ...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...