Excerpt: ...ression injury to her back, an annular tear, and shoulder, neck, and wrist injuries. The evidence established Plaintiff's emotional distress. Plaintiff's small children were in the back of a small car when a large truck ran into the rear of the car, at about 35 miles per hour. One child's face hit the back of the driver's seat, and the impact forced a tooth through her lip. The other child had bruising all over his legs. The evidence established ...

Excerpt: ...d to lead to the discovery of relevant evidence. (Calcor Space Facility, Inc. v. Superior Court (1997) 53 Cal.App.4th 216, 223–224.) Plaintiff has established, through the declaration of Sarah Kim and attached documents, that the information sought is reasonably calculated to lead to discovery of evidence that Defendant Stoneman did or did not follow the training, policies, and safety rules of Defendant Robertson's Ready Mix Ltd (Robertson's). ...

Excerpt: ...f 2 Analysis Plaintiff moves for an order quashing or limiting the subpoena on the ground that it is overbroad and seeks records that are protected by Plaintiff's right to privacy. Plaintiff agrees, however, the records regarding her wages/salary are relevant to her claim for lost earnings. In opposition, Defendants insist that they are entitled to know Plaintiff's entire employment history. Defendants, however, present no argument with respect t...

Excerpt: ...s. Plaintiff alleges that Defendants failed to file a motion for attorney's fees and costs. However, he also alleges that a motion for attorney's fees was brought and denied. (Complaint, ¶¶ 41–43.) It is unclear why the motion was denied and whether something Defendants did caused the denial. Plaintiff alleges that Defendants failed to challenge a no‐contest clause found in the trust documents. However, it is unclear how this failure damage...

Excerpt: ...plaint stated a cause of action for fraud. That is sufficient to establish a claim for punitive damages, even without malice or oppression. (Stevens v. Superior Court (1986) 180 Cal.App.3d 605, 610.) ...

Excerpt: ...o amend for the fourth, fifth through eleventh, fifteenth, eighteenth, and nineteenth causes of action. For the remaining causes of action subject to demurrer, Plaintiff INRI has twenty days leave to amend. For Plaintiff Montano, court sustains demurrer without leave to amend as to all causes of action subject to this demurrer. 1) Plaintiff Montano lacks standing to sue as to all causes of action subject to demurrer other than the eighteenth caus...

Excerpt: ...alifornia Rules of Court, rule 2.112, requires a cause of action to state its number, the nature of the claim asserted, and which plaintiff or plaintiffs assert the cause of action. Failure to comply makes the complaint subject to a special demurrer under Code of Civil Procedure section 430.10, subdivision (f). (Grappo v. McMills (2017) 11 Cal.App.5th 996, 1014.) Plaintiff concedes that there are two causes of action, for which Plaintiffs seek co...

Excerpt: ...ntly alleges that the lender did not contact the borrower in violation of Civil Code section 2923.5. (Rossberg v. Bank of America, N.A. (2013) 219 Cal.App.4th 1481, 1494.) For the second cause of action, Plaintiff alleges that he requested a single point of contact, but never got one. Defendant argues that the lenders denied Plaintiff's loan modification application, but that fact is not in the complaint. Instead, Plaintiff alleges that Defendant...

Excerpt: ...ned without leave to amend unless Albert A. Webb Associates (Webb) can articulate facts that would cure the defect and allege facts showing a contractual relationship between Webb and Inland. As to laches, Inland Foundation Engineering, Inc. (Inland) must show prejudice from the delay. (Stafford v. Ballinger (1962) 199 Cal.App.2d 289, 296.) The only evidence in support of this demurrer are the declaration of Brent J. Kupfer, which discussed meet ...

Excerpt: ...mited to adequately recording and billing the spinal fusion devices used in Plaintiff's surgery.” Riverside Community Hospital's person most knowledgeable (PMK) should know how to find any potentially responsive documents. As to the categories relating to RCH's policies including nursing policies and procedures, etc., these categories are broad but, appear to be relevant to this particular action. Plaintiff describes these categories with reaso...

Excerpt: ...dants are immune from liability and civil damages under Vehicle Code sections 17004 and 17004.7 and Government Code section 815.2, subdivision (b). The uncontroverted evidence is that Defendant Hibbard was driving a marked police car, with active lights and siren, chasing a suspect car when his car got in a collision with an RTA bus. Officer Hibbard had attended Riverside Police Department's (RPD's) annual vehicle pursuit policy training about si...

Excerpt: ....D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) However, the court may read the complaint as a whole, and conclusory allegations can be sufficient when read in context. (Perkins v. Superior Court (General Tel. Directory Co.) (1981) 117 Cal.App.3d 1, 6‐7.) Here, plaintiff alleges reporting sexual harassment to his supervisor, to human resources, and to the company owner. He alleges they did nothing and the harassment continued. ...

Excerpt: ...rning the July 6 hearing, there is no evidence that this hearing was open to all association members or those members (other than Plaintiffs and the Board) could speak. Defendant also argues that the FAC involves statements made in connection with an unlawful detainer (UD) action Defendant filed. Defendant has failed to establish this. Although the FAC alleges several defects in the Notice to Vacate (see FAC, ¶20), those defects do not form the ...

Excerpt: ...ive. (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 189.) However, as to these requests, plaintiff requests privileged financial information. (John B. v. Superior Court (Bridget B.) (2006) 38 Cal.4th 1177, 119.) The court must balance the right to discovery against the privacy interests of persons subject to discovery.” (Britt v. Superior Court (1978) 20 Cal. 3d 844, 855– 856.) The party seeking discovery must show a particul...

Excerpt: ...vil Procedure section 639 applies. (Cal. Rules of Court, Rule 3.922, subd. (c).) This order does not. The order does not state that the referee should “hear and determine discovery motions and disputes … for all purposes.” (Id., at subd. (d).) The order does not state that the referee is “authorized to set the date, time, and place for all hearings,” as Rule 3.922, subdivision (e), requires. Because of these omissions, this discovery di...

Excerpt: ... not. Current counsel became attorney of record in April 2018. Nine months is long past the time considered reasonable under Code of Civil Procedure section 473. Plaintiff has failed to establish excusable neglect under Code of Civil Procedure section 2033.300, subdivision (b). It might have been excusable neglect if plaintiff moved for relief shortly after the court granted the motion to deem matters admitted in April 2018. (See Wilcox v. Birtwh...

Excerpt: ...] statement of any new matter constituting a defense[]' in other words, an affirmative defense.” (Advantec Group, Inc. v. Edwin's Plumbing Co., Inc. (2007) 153Cal.App.4th 624, 627.) If the answer pleads an affirmative defense, it must set forth facts “as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384...

Excerpt: ...5th 531, 541–542.) The objecting party bears the burden to justify an objection. (Ibid.) Plaintiff did not justify any objections, and although the opposition promised further responses, the court has received no evidence that plaintiff did. Because this motion is substantially similar to the other two motions to compel further responses to form interrogatories, the court finds that $550 in attorney's fees is reasonable for each. ...

Excerpt: ...close: (1) when the defendant had exclusive knowledge of material facts not known to the plaintiff; (2) when the defendant actively conceals a material fact from the plaintiff; and (3) when the defendant makes partial representations but also suppresses some material facts.” (Hoffman v. 162 North Wolfe LLC (2014) 228 Cal. App. 4th 1178, 1186.) Here, plaintiff has alleged sufficient facts showing defendants' legal duty to disclose. As to the rem...

Excerpt: ... defendant must support any privilege objections with a privilege log under Code of Civil Procedure section 2031.240, with sufficient detail for a determination of privilege. (Catalina Island Yacht Club vs. Sup. Ct. (Beatty) (2015) 242 Cal. App. 4th 1116, 1130.) The court overrules defendant's objection that the requests are unduly burdensome. The declaration of Teresa L. Schroeder does not establish personal knowledge of how burdensome the reque...

Excerpt: ...s in order to achieve substantial justice. (Kerns v. CSE Ins. Group (2003) 106 Cal.App.4th 368, 388.) A review of the ruling in this case shows that the judgment needs correction. Page 3 of 4 Judge Waters issued a tentative ruling before the hearing on the motion to confirm the arbitration award. That tentative ruling read: Plaintiff's evidentiary objections are overruled. The appraisal provision of the Operating Agreement is properly treated as ...

Excerpt: ...change the court's ruling. Plaintiff repeatedly violated the Civil Discovery Act. Plaintiff violated the court's orders to respond to written discovery and attend his deposition. Finally, Plaintiff failed to appear for his independent medical examination, even after the court reminded him to do so. For these reasons, the court denies the motion to reconsider ...

Excerpt: ...uitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (Code Civ. Proc. § 877.6, subd. (c), emphasis added.) ICW is a plaintiff in intervention seeking reimbursement under Labor Code section 3852 et seq. ICW is not a joint tortfeasor, and they do not seek equitable relief, so Code of Civil Procedure section 877.6 does not bar their claims after a good faith settlement. (Bai...

Excerpt: ...p.4th 383.) The court should liberally construe Code of Civil Procedure section 387 in favor of intervention. (Lindell v. Town of San Anselmo (2006) 139 Cal.App.4th 1499.) At the time of the accident here, Safeco Insurance Company of America (Safeco) covered crossdefendant/cross‐complainant Andy Israel Duran Hernandez. Under the policy, Safeco must defend its insured and indemnify him. Safeco has called, emailed, and sent mail to its insured, b...

Excerpt: ...e purchase of plaintiff's products, the court grants the requests for Exhibits A and B, related to LLR and Lularoe, and declines for Exhibits C to V. Page 6 of 7 Evidentiary objections 1. Objections to declarations of Kelly Ludwig‐Johnson, Jessica Nicholson, Holly Peck, Christina Blanco, Kristy Kinney, Katie Nyren, Tonya Sanchez, and Karen McKeown— Objections 1 to 3: overruled; Objection 4: sustained. The declarations of the former retailers ...