Excerpt: ...howing that plaintiff does not possess and cannot reasonably obtain needed evidence. (CCP S437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826.) To demonstrate that a cause of action cannot be established, the defendant must either negate an essential element of the plaintiff's cause of action or show that the plaintiff lacks evidence. (Chavez v. Glock (2012) 207 Cal.App.4th 1283, 1301.) To demonstrate that the plaintiff lacks evi...

Excerpt: ...nnett is a business representative and lawyer for Defendant Local Union 47. Plaintiff filed this action on 3/25/22 and filed the First Amended Complaint (FAC) on 4/20/22. After the court sustained in part Defendant Local Union 47's demurrer, Plaintiff filed the Second Amended Complaint (SAC) on 9/20/22. The SAC asserts: (1) defamation/libel per se; (2) harassment; (3) online impersonation in violation of Penal Code 5528.5; (4) fraud; (5) tortious...

Excerpt: ... in the City of Moreno Valley (the "City"). Plaintiff alleges the City, Southern California Edison Company ("Edison") and Hillcrest Contracting, Inc. ("Hillcrest" or "Defendant") negligently owned and maintained the sidewalk where she was injured. Edison owns the property where the manhole cover exists. On September 16, 2021, Plaintiff filed the Complaint alleging 1) general negligence; and 2) premises liability. The defendants filed cross-compla...

Excerpt: ... Sheriffs' Association: (a) Dishonesty (c) Inefficiency or negligence in performance of duties (f) Willful violation of an employee regulation prescribed by the Board of Supervisors or the head of the department in which the employee is employed (m) Conduct either during or outside of duty hours which adversely affects the employee's job performance or operation of the department in which they are employed (Administrative Record ["AR" | 601.) The...

Excerpt: ...he air conditioning evaporator, causing water damage and mold inside the cabin. (ld., 8.) Plaintiff would not have purchased the vehicle had he known about the air conditioning defect or that mold had been accumulating in the vehicle. (ld„ '1 9.) On February 22, 2023, Plaintiff filed the Complaint alleging 1) violation of the Consumer Legal Remedies Act, Civil Code S 1750 et. seq. ("CLRA"); 2) intentional misrepresentation; 3) negligent misrepr...

Excerpt: ...CCP 51985.3 lists the personal records which are maintained by various entities. There is no indication that GoDaddy is an entity listed within the definitions for personal records. Nor does Plaintiff indicate that GoDaddy is his employer. (CCP 51985.6.) As such, there is no indication that a notice was required to be sent to him. Instead, the subpoena must be attached to a notice of deposition which must be served upon him. (CCP SS 1987.5, 2025....

Excerpt: ... its own determination of the value of the services contrary to, or without the necessity for, expert testimony (PLCM Group, supra, 22 Cal.4th at 1095). The matter of reasonableness of a party's attorney's fees is within the sound discretion of the trial court. (Bruckman 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, which involves multiplying th...

Excerpt: ...mplicated. (Pacers, Inc. v. Sup. Ct. (1984) 162 Cal.App.3d 686, 589.) Courts have broad discretion to control discovery and discovery proceedings. (Obregon v. Sup. Ct. (1998) 67 Cal.App.4th 424, 431.) Hence, in a discovery dispute, the court, "in fts sound discretion, must assess and balance the nature and substantiality of the injustices claimed on other side." (Avant! Corp. v. Sup. Ct. (2000) 79 Cal.App.4th 876, 882.) Courts faced with a civil ...

Excerpt: ...the there is no evidence that he served any formal response. Furthermore, because there are only two Subpoenas at issue that requested any and all insurance records, the issues can be readily addressed without a separate statement. Motion to Quash: A depsiton subpoena for production of business records may be used to obtain discovery within the state from a person who is not a party to the action in which discovery is sought. (Cal Code Civ Proc S...

Excerpt: ...Martin, pursuant to Evid. Code S 783. Defendants argue that such evidence is crucial to demonstrate alternate cause for Plaintiff's emotional distress and mental suffering and to establish that Defendants' alleged liability cannot exceed its proportionate share of fault, and to attack Plaintiff's credibility with regard to the extent to which her injuries were caused by Defendants' alleged tortious conduct. Defendants further seek to admit the te...

Excerpt: ...sel requesting a telephonic conference. (See Declaration of Kiki Manti Engel, 3-4.) There is no indication they actually spoke, just that defense counsel "invited Plaintiff to contact my office via telephone to discuss the contents of the meet and confer letter." (ld. at 3.) C.C.P., SS 430.41 and 435.5 very clearly requires that parties meet and confer by telephone or in person, regardless of the prospects of an informal resolution. 1 Defendants ...

Excerpt: ...s responses to interrogatories. But no information is provided regarding the interrogatories served. In opposition, Defendants contend that they are requests for production, to which Plaintiff responded to Defendant Brenda Samec, but not Defendant Joseph Samec's requests. Either way, a motion for protective order must be made promptly. (CCP SS 2030.090 (interrogatories); 2031.060 (requests for production).) As it is unclear what discovery is at i...

Excerpt: ...by admitting the truth of all matters contained therein." (Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 979.) However, a responding party's service, prior to the hearing on the "deemed admitted" motion, of substantially compliant responses, will defeat a propounding party's attempt under S 2033.280 to have RFAs deemed admitted. (Tobin v. Oris (1992) 3 Cal.App.4th 814, 827, disapproved on other grounds, Wilcox, supra, 21 Cal.4th 973, 983, fn. 12.)...

Excerpt: ...he patient/physic:ian Arbitration Agreement is attached as an exhibit. The agreement, among other things, under Page 7 of 8 Article l, contains the following language as required by Code of Civil Procedure secton 1295 (enacted as part of the Medical Injury Compensation Reform Act of 1975 [MICRA]): It is understood that any dispute as to medical malpractice, that is, asto whether any medical services rendered under this contract were unnecessary o...

Excerpt: ... pleaded, cannot be established, or that there is a complete defense to that cause of action. (CCP S437c(p)(2).) Opposing Party's Burden Once the defendant has met that burden, it shifts to plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or defense thereto. (CCP S437c(p)(2).) The moving party has its initial burden regardless of whether the opposing party files counterdeclarations. (Aguilar v...

Excerpt: ...h his emergency flashers on. Solis was working at the time and made a workers' compensation claim with his employer, Plaintiff, City of Beaumont. Plaintiff filed its Complaint on 7/8/22 alleging a single cause of action for motor vehicle negligence. *** Plaintiff, Jose Solis, brings this motion to enforce a settlement pursuant to CCP S 664.6 on the ground that Defendant and Solis agreed to settle the case for Defendant's insurance policy limits o...

Excerpt: ...ects and nonconformities to warranty that GVVs authorized repair facility was unable to repair after a reasonable number of attempts, and GM refused to repurchase the vehicle. Plaintiff filed the Complaint on September 22, 2022 alleging causes of action under the Song-Beverly Act including 1) breach of express warranty; 2) breach of implied warranty and 3) negligent repair. On February 15, 2023, Plaintiff propounded on Defendant the first set of ...

Excerpt: ...al Services, secured by her property by a second position deed of trust, recorded on 11/16/05. Plaintiff alleges she made payments on the loan until 21%8 when she experienced a financial hardship and, as a result, fell behind on her payments and the loan became underwater and unsecured. On 11/14/19, Defendant Affinia Default Services, LLC ("Affnia") recorded a Notice of Default on behalf of defendant Specialized Loan Servicing, LLC ("Special-zed"...

Excerpt: ...ants") own and jointly operate a wastewater treatment facility in Perris near his property. (ld. at "1 11, 19.) Defendants expanded their water treatment facility and sold the excavated soil from the expansion project. (ld. at 14—15.) Plaintiff contends that this soil contained harmful chemicals and other hazardous materials. (ld. at 20.) Plaintiff alleges that the excavation and storage of this soil caused fine, inhalable particles and dust to...

Excerpt: ...greement nor did any of her heirs. Instead, Mark Brashear, Decedent's "roommate", signed the arbitration agreement purportedly on behalf of Decedent in the presence of Nancy Anguiano, an employee of Temecula Healthcare. (Dec.Anguiano 1, 3-6.) Ms. Anguiano declares that Mr. Brashear is Decedent's legal representative, and that Decedent's son, Jimmy Hood, who has healthcare power of attorney (POA), instructed her over the phone to have Mr. Brashear...

Excerpt: ...20, 2023, Plaintiff appeared for her deposition with her counsel. Approximately a h hour into the deposition, Plaintiff's counsel and defense counsel got into a heated argument about whether an exhibit should be entered on the record. The deposition was terminated prematurely at that time. Defendant now moves to compel Plaintiff's deposition and for sanctions in the amount of $3,681.50, arguing that it was not given a reasonable opportunity to de...

Excerpt: ...on issues. (CCP Page 4 of 10 S 1281.2.) A proceeding to compel arbitration is in essence a suit in equity to compel specific performance of a contract. (Freeman v. State Farm Mutual Auto Insurance Co. (1975) 14 Cal.3d 473, 479.) The petition/motion to compel must set forth the provisions of the written agreement and the arbitration clause verbatim, or such provisions must be attached and incorporated by reference. (CRC 3.1330; see also Condee v. ...

Excerpt: ...ILAN, COUNTY OF RIVERSIDE Tentative Ruling: A party may bring a demurrer where the pleading does not state facts sufficient to constitute a cause of action. C.C.P. S 430.10(e). The court assumes the truth of all material facts which have been properly alleged, facts which may be inferred from those expressly alleged, and material facts of which judicial notice has been taken. Crowley v. Katleman (1994) 8 Cal.4th 665, 672. However, it does not ass...

Excerpt: .... Plaintiff alleges that Defendants are the owners of real property located at 11329 Meridian Way, Riverside, California 92505 (the "Property"). (Compl., '1 2.) In September 2005, Defendants, as husband and wife, and third- party Geneva Mumford ("Mumford") purchased the Property as joint tenants via grant deed recorded on September 23, 2W5, document # 2005-0787503, in Riverside county. (9 6; Exh. 1.) on August 19, 2014, Defendants recorded anothe...

Excerpt: ...ses of action, as well as a cause of achon for unfair business practices. On January 23, 2023, Plaintiff served Super M3K (hereinafter, "Defendant") with Special Interrogatories "SROGs"), Form Interrogatories ("FROGS"), Requests for Production ("RFPs") and Requests for Admission ("RFAs"). Defendant failed to provide timely responses, and the present motions ensued. * * * Plaintiff now moves by four separate motions to compel initial responses to ...