Excerpt: ... quiet title action. 4 Plainti
¯ disputes UMF No. 7, in part. Plainti
¯ states that she does not dispute the date of purchase of the property. She disputes as to title and to the supporting facts and the Dai Decl. but does not clarify. However, this does not controvert he moving fact that the property was conveyed. 5 Plainti
¯ does not dispute the moving fact. She disputes that it was a valid transfer, claiming it was fraudulent. Page 5 of 7 D...

Excerpt: ...non v. Sims Service Center, Inc. (1985) 164 Cal.App.3d 907, 914 (constitutionality upheld). The motion is made on the grounds that the plaintiff resides out of the state and that there is a reasonable possibility that the moving defendant will obtain judgment. §1030(b). The motion must be accompanied by an affidavit that sets forth the nature and amount of the costs and attorney's fees the defendant has incurred and expects to incur. The statute...

Excerpt: ... §11019(b).) Harassment is something that communicates an offensive message to the harassed employee. (Roby v. McKesson Corp. (2009) 47 Cal.App.4th 686, 706.) FEHA liability for harassment extends to any employee of a covered employer, and thus individual employees can be named as defendants. (Gov. Code, §12940(j)(3).) An employer's liability for harassment by someone other than a manager or supervisor is based on negligence‐ i.e., the miscon...

Excerpt: ...s. While Plaintiff was using the ladder to look at kitchen exhaust/range hoods on Aisle 40 in Department 29 of the Mira Loma Home Depot store, his foot slipped and he fell. Plaintiff then brought the instant action against Home Depot. On August 7, 2020, Plaintiff served Defendant with 48 Requests for Production of Documents, 49 Special Interrogatories, 21 Requests for Admission, and Form Interrogatories. Prior to the September 21, 2020 due date, ...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...ff alleges he was driving the subject vehicle on Highway I‐215, southbound, in the course of his employment when the left front tire exploded, causing him to lose control of the subject vehicle and sustain damages. Plaintiff alleges the following causes of action: 1. Strict Products Liability—Design Defect; 2. Strict Products Liability—Manufacturing Defect; 3. Strict Products Liability—Failure to Warn; 4. Negligence Product Liability. Non...

Excerpt: ...en from the court's records. Monetary Sanctions under Cal. Code Civ. Pro. §128.5: Pursuant to Cal. Code Civ. Pro. §128.5, a trial court may order a party to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of bad‐faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. (Cal. Code Civ. Pro. §128.5(a).) “Frivolous” means totally and completely without merit or f...

Excerpt: ... baseline amount. The contract also provided for an additional discretionary bonus based on the number of billable hours. In 2016, the Firm allegedly promoted Talkov to partner in order to avoid paying over a $28,000 bonus. Additionally, the Firm and Defendant Reid & Hellyer Employees 401(k) Profit Sharing Plan (“Plan”) failed to provide the employer‐matching component to the Talkov's 401(k) account. The Firm allegedly experienced significa...

Excerpt: ...019, arguing that defense experts Dr. Karl Steinberg and registered nurse Sandra Higelin have determined Defendant did not breach the applicable standard of care. The original hearing on February 19, 2020, was continued multiple times due to numerous procedural mishaps by Plaintiff and due to the pandemic‐related court closure. Defendant subsequently re‐filed the MSJ re: Breach on September 2, 2020. On July 15, 2020, Defendant filed a second ...

Excerpt: ...the motion for summary adjudication of the 3rd cause of action on the ground that Plaintiff failed to meet his initial burden. DENY the motion as to the 4th cause of action on the ground that Cor‐Ray has raised triable issues of material fact as to UMF Nos. 46‐48, 50, 52. Factual / Procedural Context Plaintiff, W.M. Lyles, alleges it is a licensed general contractor which was the successful bidder on a public works construction project referr...

Excerpt: ...atter. As with a demurrer, the party filing a motion to strike must meet and confer prior to filing the motion. C.C.P. §435.5. As is stated in the supporting Bridwell declaration, ¶¶3‐4, defendant's counsel both sent a letter regarding the subject of this motion and discussed the matter by phone. This is sufficient. The court may, upon a motion made pursuant to C.C.P. §435, or at any time in its discretion, and upon terms it deems proper st...

Excerpt: ...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 858, 868.) A claim for fraudulent concealment can be based on facts known only to a defendant, defendant knows plaintif...

Excerpt: ...torms flooded Plaintiffs' homes and properties. In a prior action, the parties reached a settlement agreement that provided for Beazer to compensate Plaintiffs for the damage and to make necessary repairs. As part of the settlement agreement, Beazer was to prepare and submit plans for the repairs to the City for approval. To date, Beazer has submitted various plans to the City but none have been approved. Plaintiffs allege that their properties h...

Excerpt: ...Baker (1999) 20 Cal.4th 23, 33.) Under Welf. & Inst. Code, § 15610.07, abuse of an elder or dependent adult means either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect under the law is defined as the “negl...

Excerpt: ...ness Interruption” coverage. The Policies were procured by Defendant Acrisure of California dba Brakke‐ Schafnitz Brokers (“Brokers”). On March 19, 2020, in response to the global COVID‐19 pandemic, Governor Gavin Newsom, issued an executive order closing all non‐essential business and requiring non‐ essential workers to shelter at home. (“Executive Order”). As a result of the order, Plaintiff's showrooms were closed and all man...

Excerpt: ...d nursing facility for postoperative care from July 11, 2016 until he was discharged in August 26, 2016. During this time, Defendant's staff allegedly left Decedent in the bed for hours and did not move him every 2 hours as medically required. In addition, they did not care for his personal hygiene as they left him in his urine and feces. As a result, he developed two stage IV bedsores. Plaintiff filed the original complaint on August 22, 2017 an...

Excerpt: ... were aware of and failed to disclose. On 12/1/18, 12/14/18, 1/11/19 and 2/1/19, Plaintiffs brought their vehicle to an authorized dealer for repair and each time, the vehicle was never fixed. Plaintiff filed the Complaint on 7/16/20 and First Amended Complaint (FAC) on 11/3/20 asserting causes of action for: (1) Breach of Express Warranty—Violation of Song‐Beverly Act; Page 8 of 10 (2) Breach of Implied Warranty—Violation of Song Beverly A...

Excerpt: ...irst document under Evid. Code §452(c) as it pertains to the official acts of the state. The court can properly take judicial notice of the second and third documents under Evid. Code §452(d) as they are court records. Defendants' requests should be granted. II. Meet and Confer CCP §§ 430.41(a) & 435.5(a) provide, in pertinent part, that before filing a Demurrer or Motion to Strike “the moving party shall meet and confer in person or by tel...

Excerpt: ...y of theories of recovery, including breach of contract, violation of due process, discrimination, slander, defamation, and obstruction of justice. Plaintiff argues the property was taken without just compensation and she is entitled to $1,800 per month until possession is returned. On 9/23/20, the court granted the County of Riverside's motion to quash and recommended that plaintiff seek legal advice for assistance, but plaintiff is still repres...

Excerpt: ...parties agreed to a Compromise and Release in the amount of $50,497.14, which was later reduced to an order. Part of the order provided NPG would pay $25,000 directly to Villalobos. In April 2020, NPG sent a check for $25,000 to Howser made out to “Nathan Howser Law Client Trust Account” and not Villalobos directly. Howser returned the check and asked NPG to comply with the order. On May 15, 2020, Howser filed the Petition for Sanctions, Cost...

Excerpt: ...ges have been permitted in contract cases where a breach of duty directly causes physical injury, for breach of the covenant of good faith and fair dealing in insurance contracts, for wrongful discharge in violation of fundamental public policy, or where the contract was fraudulently induced.” (Erlich v. Menezes (1999) 21 Cal.4th 543, 551‐552, italics added.) “In each of these cases, the duty that gives rise to tort liability is either comp...

Excerpt: ...ges have been permitted in contract cases where a breach of duty directly causes physical injury, for breach of the covenant of good faith and fair dealing in insurance contracts, for wrongful discharge in violation of fundamental public policy, or where the contract was fraudulently induced.” (Erlich v. Menezes (1999) 21 Cal.4th 543, 551‐552, italics added.) “In each of these cases, the duty that gives rise to tort liability is either comp...

Excerpt: ...e motion. The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice. CCP §452 provides that “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” If the motion for judgment on the pleadings is granted, it may be...

Excerpt: ... are legal questions for the court. (Merrill v. Navegar, Inc. (2001) 26 Cal.4th 465.) In general, a person has no duty to control the conduct of another, unless “the defendant stands in some special relationship to either the person whose conduct needs to be controlled or in a relationship to the foreseeable victim of that conduct.” (Tarasoff v. Regents of the University of California (1976) 17 Cal.3d 425, 435.) Generally, there is no duty to...

Excerpt: ...o as Exhibit 43,” and, if so, the dosage, method of administration, and who administered the drug. Defendant responded by objecting because the “interrogatory does not include ‘Exhibit 43'. The document speaks for itself. Plaintiffs correctly argue that neither objection is well‐ taken. First, the interrogatories each sought information from defendant as to whether a particular drug was administered and a reference to Exhibit 43 must be s...

Excerpt: ...mple, in a medical malpractice claim for wrongful death of a newly‐born child, the doctor's declaration that he delivered a “still‐born” baby, was insufficient since the declaration fails to provide the evidentiary facts supporting the medical conclusion that the baby was still‐born. (Sesma v. Cueto (1982) 129 Cal.App.3d 108, 113.) Declarations submitted by the party opposing, once found admissible, are liberally construed, while the mo...

Excerpt: ...ocedure section 2025.230, a corporate party deponent must designate and produce for deposition those officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as to matter on which the examination is requested. The deposition notice must describe “with reasonable particularity the matters on which examination is requested.” (Ibid.) A request for documents may be made in connection with the PMQ d...

Excerpt: ...6) failure to prevent discrimination, harassment and retaliation; (7) retaliation (Labor Code §6310); (8) wrongful termination in violation of public policy; (9) violation of Labor Code §1102.5; (10) intentional infliction of emotional distress; (11) assault; (12) battery; and (13) negligent hiring, retention and supervision. Defendant Hinds demurs to the 9th cause of action on the grounds that it fails to state facts sufficient, because she is...

Excerpt: ...e both its legal description and its street address or common designation, if any.” C.C.P. §872.230(a). The cross‐ complaint alleges the legal description by incorporation of the description in a property profile, Exhibit “A” to the cross‐complaint. This description includes the tract number (2257), the lot number (417), the map book (42), and the map page (15), and is essentially the same as the one given in the recorded deed (RJN “...

Excerpt: ...f contract between the plaintiff and defendant is ordinarily essential to recover in actions for breach of warranty. Any affirmation of fact or promise by seller to buyer that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (Com. Code, §2313(1).) Implied warranties arise from the contract. (Hauter v. Zogarts (1975) 14 Cal.3d 104, 117.; Com. C...

Excerpt: ...hin 10 days after service of written notice of entry of the order and must be “based upon new or different facts, circumstances, or law” than those before the court at the time of the original ruling. (CCP § 1008(a).) It must also be accompanied by a declaration stating “what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown...

Excerpt: ...ity over the employee, when the employee discloses a violation of the law (i.e. whistleblowing). (Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 138.) To establish a prima facie case of retaliation under whistleblower retaliation statute, Plaintiff must show: (1) the plaintiff engaged in protected activity, (3) the defendant subjected the plaintiff to an adverse employment action, and (3) there is a causal link between the two. (Ross v. C...

Excerpt: ...mily, net profits derived from all operations of BST Family, any profit and loss statements prepared by BST, assets of BST, liabilities of BST, and money used to pay expenses incidental to the formation and incorporation of BST Family. None of these documents are relevant to the claims asserted by Plaintiffs. Plaintiffs' hired BST Family to work on their home. They allegedly failed to do the work contracted for, did not perform work in a workman ...

Excerpt: ...ation (Lab. Code § 6311); (10) failure to pay meal period compensation; (11) failure to pay rest period compensation; and (12) adverse action in violation of public policy. * * * Defendants now demur to first through eleventh causes of action and argue: (1) the first cause of action fails because Plaintiff did not have a qualifying purpose to take leave and did not actually request leave; (2) the second cause of action fails because Plaintiff wa...

Excerpt: ...rant abdominal pain and was cared for by Dr. Nguyen, one of the Moving Defendants. (Moving Defendants' Separate Statement of Undisputed Facts [“SUF”], ¶2.) Repeated CT scans of the abdomen and a colonoscopy showed lower quadrant inflammatory changes suspicious for cancer and also showed that Plaintiff had gallstones. (SUF, ¶¶3‐6.) Based on these findings, Dr. Nguyen's treatment option was to perform a resection surgery, which was discuss...

Excerpt: ....” Personal jurisdiction is required in any action that seeks to impose personal liability against a defendant. A state court may exercise personal jurisdiction over nonresidents who have “minimum contacts” with the forum state. “Minimum contacts” means the relationship between the nonresident and the forum state is such that the exercise of jurisdiction does not offend the “traditional notions of fair play and substantial justice” ...

Excerpt: ...Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117‐1118; Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 754‐755.) GRANT. On the Merits A general demurrer lies where the pleading does not state facts sufficient to constitute a cause of action. CCP § 430.10(e). In evaluating a demurrer, the court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Re...

Excerpt: ...e to amend the complaint must comply with California rules of Court, rule 3.1424, which requires the declaration to specify: (1) The purpose and effect of the proposed amendments; (2) why the proposed amendments are necessary and proper; (3) when the facts giving rise to the proposed amendment were discovered; and (4) the reasons why the request for amendment was not made earlier. (Cal Rules of Court, rule 3.1324(b).) In the supplemental declarat...

Excerpt: ...t right affecting the public interest” if certain conditions are met. A lawsuit enforces a right affecting the public interest is it confers a significant benefit upon the general public or large class of persons. (La Mirada Avenue Neighborhood Assn. of Hollywood v. City of Los Angeles (2018) 22 Cal.App.5th 1149.) Here, the lawsuit affects Plaintiffs' properties and Plaintiffs do not provide any argument or authority that supports their argumen...

Excerpt: ...s. (Merrill v. Navegar, Inc. (2001) 26 Cal.4th 465, 500.) Ordinarily, negligence may be alleged in general terms, without stating the acts constituting negligence or detailing the particular manner in which plaintiff's injury occurred. However, the bare allegation that Defendant's negligence caused Plaintiff's injury is insufficient to state a cause of action for negligence. Plaintiff must allege the acts or omissions that are claimed to have con...

Excerpt: ...er because there is no reported case dealing with what facts would be sufficient to plead an affirmative defense. Thus, once the court entertains a demurrer to an answer, it is inviting endless demurrers to the successive amended answers because the amount of facts defendant must plead is unknown. One case that is helpful here is FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367. The case did not deal with a demurer to an answer, but w...

Excerpt: ... at the facility to support soup preparation, packaging and shipping processes, including cleaning Defendants' waste bins and waste room. Plaintiffs allege they were unlawfully terminated for complaining to Defendants about unsafe and unlawful working conditions to which they were subjected as a result of Defendants' waste storage practices. On June 1, 2020, Plaintiffs filed the Complaint alleging: 1) whistleblowing retaliation (Labor Code § 110...

Excerpt: ...0; Jewish Defense Org. v. Superior Court (1999) 72 Cal.App.4th 1045, 1054‐55). Once facts showing minimum contacts with the forum state are established, however, it becomes the defendant's burden to demonstrate that the exercise of jurisdiction would be unreasonable. (Automobile Antitrust Cases, supra, 135 Cal.App.4th at 110‐11.; Jewish Defense Org., 72 Cal.App.4th at 1055). Defendants provide the declaration of Trevis Alberts, the vice presi...

Excerpt: ...Christopher Urner's declaration based on relevance and hearsay. The statements relating to defense experts used in other cases are irrelevant. SUSTAIN as to nos. 1‐5. II. On the Merits CCP § 1032 allows the prevailing party in any action or proceeding to recover costs of suit. The prevailing party's right to recover is limited by statute. Allowable costs are set forth in CCP § 1033.5(a)(1), but recovery is limited to those costs which are rea...

Excerpt: ...rant an award of punitive damages. (Taylor v. Superior Court (1979) 24 Cal. 3d 890, 894.) “There must be circumstances of aggravation or outrage, such as spite or ‘malice' or a fraudulent or evil motive on the part of defendant, or such conscious and deliberate disregard for the interests of others that his conduct may be called willful or wonton.' ” (Taylor v. Sup. Ct., supra, 24 Cal.3d at 894‐ 895; Mock v. Michigan Millers Mutual Ins. C...

Excerpt: ...vered; (2) an exercise of the party's option to produce writings; or (3) an objection to the particular interrogatory. (Cal Code Civ Proc § 2030.210(a)(1)‐(3).) The party propounding interrogatories may move for an order compelling a further response if the party deems that an objection to an interrogatory is without merit or too general. (Cal. Code Civ. Proc. §2030.300(a)(3).) Under Cal. Code Civ. Pro. §2030.300(c), unless notice of the mot...

Excerpt: ...aintiff submitted a request for judicial notice, asking that the court take judicial notice of thirteen different court records, including orders, motions, and oppositions. Under Evidence Code §452(d), the court may take judicial notice of the records of any court of this state. Accordingly, the requests for judicial notice are granted. II. Procedural Requirements Plaintiff argues that Defendant's motion fails to conform to the procedural rules ...

Excerpt: ... to refuse permission to amend and where the refusal also result in a party being deprived of the right to assert a meritorious cause of action.” (Morgan v. Sup. Ct. (1959) 172 Cal.App.2d 527, 530.) The power of the courts to allow amendment of pleading is to be liberally exercised so that cases may be decided on their merits. (Desney v. Wilder (1956) 46 Cal.2d 715, 751.) Absent prejudice, delay alone is not ground for denial. (Higgins v. Del F...

Excerpt: ... Cal.App.4th 1056, 1061.) The grounds for a motion for judgment on the pleadings must appear on the face of the complaint or from a matter of which the court may take judicial notice. (Id.) Breach of Contract The elements of a claim for breach of contract are “(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.” (Abdelhamid v. Fire Ins. Exchange (2010) 182 ...

Excerpt: ...rring to protection as including “sensitive commercial information” and information containing “sensitive matter”; but see also Lipton v. Superior Court (Lawyers' Mut. Ins. Co.) (1996) 48 Cal.App.4th 1599, 1618 [declining to extend protection beyond “confidential business information”].) If “good cause” is shown, discovery of this information may be denied altogether or disclosure narrowly limited to certain persons for certain pu...

Excerpt: ...Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The sufficiency of the cause of action is tested by presuming all of the material factual allegations in the complaint are true. (Aubry v. TriCity Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) The complaint must be construed liberally… with a view to substantial justice between the parties.” (CCP § 452; Gressley v. Williams (1961) 193 Cal.App.2d 636, 639.) If the complaint fails to state a ...

Excerpt: ... defenses. Perez asserted objections that FR No. 15.1 is vague, ambiguous, overbroad, burdensome, harassing, oppressive and not reasonably calculated to lead to the discovery of admissible evidence. None of these objections are well‐taken. This interrogatory is standard, routine, and was approved by the Judicial Council. Perez also objected on grounds that FR No. 15.1 seeks information protected by the attorney client privilege, the attorney wo...

Excerpt: ...te emergencies “to mitigate the effects of natural, manmade, or war‐caused emergencies that result in conditions of disaster or in extreme peril to life, property, and the resources of the state, and generally to protect the health and safety and preserve the lives and property of the people of the state.” (Govt. C. § 8550.) This includes the powers to “make, amend, and rescind orders and regulations necessary to carry out the provisions...

Excerpt: ...a complaint do not include the presence or absence of separate counts stating separate causes of action. (See Code Civ Proc., §430.10.) The Legislative Committee Comments for this section mentions that, following the repeal of the former statutory Page 6 of 9 provision, improper joinder of causes of action is no longer a ground for objection. (Stats. 1971, c. 244, p. 383, §29, operative July 1, 1972.) Thus, Demurrer is overruled based on the re...

Excerpt: ...xist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 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 ...

Excerpt: .... Gonzalez v. Superior Court (1995) 33 Cal.App.4th 1539, 1546. However, there is a right of privacy. Article 1, section 1 of the California Constitution explicitly recognizes a right to privacy and California courts have recognized the right as supplying a qualified privilege to a discovery demand. “[T]he right to privacy protects the individual's reasonable expectation of privacy against a serious invasion.” Pioneer Electronics (USA), Inc. v...

Excerpt: ...he general public to enjoin unfair or fraudulent business practices under Bus. & Prof. Code, §17200. (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2020) ¶ 14:226.1; Bus. & Prof. Code, §§17204, 17535.) The UCL now limits standing to sue to persons who have sustained “injury in fact and lost money or property as a result of such unfair competition.” (Bus. & Prof. Code, §17204, see In re Tobacco II Cases...

Excerpt: ...ncial elder abuse, the court must award plaintiff reasonable attorneys' fees and costs. (emphasis added.) This is a unilateral fee‐shifting provision under which fees may be awarded to a prevailing plaintiff but not a prevailing defendant in order to encourage the effective enforcement of an important public policy. (Wood v. Santa Monica Escrow Co. (2007) 151 Cal. App. 4th 1186, 1191.) Such unilateral fee‐shifting statutes reflect a considere...

Excerpt: ...��19 shutdown, the court shutdown on 3/17/2020. A stipulation was filed and signed by the court extending the time in which to file the Motion to Seal. The Court had granted the Motion to Conditionally Seal pending the filing and ruling on this motion. The Motion to Seal is Granted in Part and DENIED in PART. The Request to seal as to Exhibits 305, 367 and 474, referred to as the 14D Reports is GRANTED, the Declaration of Fyie demonstrates that t...

Excerpt: ...CP § 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 rule 3.1330; see also Condee v. Longwood Mgmt. Corp....

Excerpt: ...rade secret privilege. A party seeking a protective order restricting disclosure of trade secrets must provide an affidavit or declaration listing the declarant's qualifications to give an opinion, identifying the alleged trade secret, identifying the documents disclosing the trade secret and presenting evidence that the secret qualifies as a “trade secret.” (Evid. Code § § 1060‐1061; CCP § 2031.060(b)(5); Stadish v. Sup. Ct. (Southern C...

Excerpt: ...4. The fact that Defendants' Answer to Plaintiff's Fourth Amended Complaint was filed on July 22, 2016; and 5. The decision in California Court of Appeal, Fourth Appellate District, Division Two, in Roger v. County of Riverside (2020) 44 Cal.App.5th 510. Under Evidence Code §452(d), the court may take judicial notice of the records of any court of this state. Accordingly, the requests for judicial notice are GRANTED. II. Motion for Leave to Amen...

Excerpt: ...and care, implementing interventions to avoid pressure sore development and worsening, and providing Miller with adequate and proper assistance with personal hygiene. (FAC ¶9.) The FAC further alleges that the hospital wrongfully withheld this care from Miller by repeatedly failing to administer this specific care to her. (FAC ¶10.) Under Sababin, this is enough to show neglect. Taking these allegations as true, as we must do at the demurrer st...

Excerpt: ...ontends he did not have the opportunity to discover the facts until 2/23/18 as stated in his Complaint. The “discovery rule” is an exception to the general rule that an action accrues when appreciable harm occurs. (Fox v. Ethicon Endo‐Surgery (2005) 35 Cal.4th 797, 807.) The discovery rule only delays accrual until the plaintiff has, or should have, inquiry notice of the cause of action, i.e., “plaintiffs are required to conduct a reasona...

Excerpt: ...misinterprets plaintiff's allegations. Defendants argue the Proposal itself contradicts plaintiff's allegation that he did not receive notice after the merger was completed, as required by the Corporations Code. Defendants contend the Proposal, which includes references to the Corporations Code, contradicts the allegation that plaintiff did not receive notice. Plaintiff's opposition is correct, however, that the Proposal was allegedly provided to...

Excerpt: ...ourt of the purpose, historically, of demurring to an answer: A plaintiff moving for summary judgment had to disprove defendant's affirmative defenses, so plaintiff made sure, by way of demurrer, that those affirmative defenses were pled in very fact‐specific allegations. The summary judgment statute, however, was amended in 1992, eliminating this requirement. (Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554...

Excerpt: ...terest that overcomes the right of public access to the record.” 2. Whether “[t]he overriding interest supports sealing the record.” 3. Whether “[a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.” 4. Whether “[t]he proposed sealing is narrowly tailored.” 5. That “[n]o less restrictive means exist to achieve the overriding interest.” Here, the defendants have set forth ...

Excerpt: ...nd mockingly criticize Plaintiff's work performance in cleaning hand rails and telling Plaintiff to use his other arm, despite him needing to use both arms in order to perform his job. Plaintiff alleges that the harassing behavior was pervasive for three fourths of the year; however, he does not allege what conduct, other than isolated incidents, went on for that long. Further, the examples provided all relate to criticism related to job performa...

Excerpt: ...54.00 $ 0 Lodging $ 4,928.77 $ 0 Mileage $ 0 $ 1,599.41 Parking $ 0 $ 253.20 Uber $ 0 $ 900.67 Messenger fees $ 0 $ 149.39 $26,502.72 Unchallenged portions of the MOC: $ 6,545.17 $33,047.89 $23,543.24 Item No. 1 (Filing and Motion Fees): As to the “Brief Declaration” ($309.75), CDCR correctly argues that the reinstatement issue was not the focus of any disputed issue in this case, and therefore, was not necessary to this litigation. While Pla...

Excerpt: ...harming her son at the time the injection was being administered, but rather alleges that she was aware of the harmful effect of the excessive medication given to her son as she watched her son's “death spiral.” Nor does Plaintiff allege that the injury‐producing event was the hospital staff's negligent medical care after the administration of the medication and that she was aware her son was receiving inadequate remedial care. Plaintiff be...

Excerpt: ...motion is denied. This request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 3 – the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 4 ‐ the motion is denied. The request is overbroad and is not tailored to the specific complaints of Plaintiff. Category 5 ‐ the motion is denied. The request is overbroad and is not tailored to the specific c...

Excerpt: ...nd it is speculative and improper opinion; Page 3, Line 26, Paragraph 16. “Secondly, grading requires a separate permit from the City of Riverside.” Objection is overruled; Page 3‐4, line 27, paragraph 16 Objection is sustained as it contains hearsay and lacks authentication. Page 4, Line 5, paragraph 17, the objection is sustained as the statement is hearsay. Plaintiff's request for judicial notice is granted. Defendant 3591 Tyco, LLC's re...