Excerpt: ...ll likely sustain the demurrer without leave to amend. On December 23, 2019, in case RIC1718458 (“Citizens I”), the Hon. Randall Stamen, Judge, issued a peremptory writ of mandate to respondent directing it to either supplement, or file an addendum to, the existing environmental impact report regarding two issues: soil contamination and wildlife mitigation (burrowing owl habitat). The writ further provided that: “Under California Public Res...

Excerpt: ...are generally overbroad, including their requests for records extending back 15 years before the collision at issue. However, the court—like defendant apparently—is confused to some degree at the nature of the injuries at issue. The court will therefore attempt to summarize the evidence contained in the motion, opposition, and reply. The collision in this case allegedly occurred on October 5, 2016, and presumably on the I10 freeway. “Presum...

Excerpt: ...the district's high school which tenure lasted for approximately ten years. For the 2018‐2019 school year, petitioner was transferred to Felix J. Appleby Elementary (“Appleby”) to teach special education in the “Bridge Program.” Plaintiff contends that he was inadequately trained for the position and was not provided with proper resources, and he further alleges that the move was a punitive one. Petitioner's termination from the distric...

Excerpt: ...enue 52 [in Indio] outside of [a] … crosswalk when a presumably inattentive driver took his eyes off the road to turn around and attend to his child in the backseat ….” The driver struck and killed the decedent in the westbound lanes of Avenue 52 about a quarter‐mile east of the Avenue 52‐Monroe Street intersection. Plaintiffs are the decedent's parents. This unfortunate homicide occurred on the first evening of the 2016 Coachella Valle...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...discovery motion are as follows. If a party to whom interrogatories or document requests were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for monetary sanctions. (Code Civ. Proc., §§ 2030.290, subds. (b)‐(c), 2031.300, subds. (b)‐(c).) With respect to untimely responses to requests for admission, the propounding party may move for an order that the truth of any matters spec...

Excerpt: ...e (no. 1174) that substantially restricts short‐term rentals (“STRs”) within the city. The ordinance is not a model of drafting clarity, but it appears to ban STRs of “twenty‐seven consecutive calendar days or less” for any single‐family residence not within a common interest development (“CID”). (Civ. Code, §§ 4000, et seq.; City of Rancho Mirage (“CRM”) ordinance no. 1174, §§ 3.25.010 (“Applicability”), 3.25.030 (�...

Excerpt: ...lic college). Further, plaintiff has failed to allege a statute upon which defendant's liability, if any, is based. This is also a well‐established requirement under California law, both statutory and decisional. (Gov. Code, § 815; Hoff v. Vacaville Unified School Dist. (1998) 19 Cal.4th 925, 932; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 785, fn. 2.) Finally, plaintiff has failed to allege facts sufficient to sustain a ...

Excerpt: ...2004) 32 Cal.4th 820, 829; Howlett v. Rose (1990) 496 U.S. 356, 365.) The Court further notes that on January 5, 2021, well after the demurrer in this case was filed, plaintiff Anthony Hernandez filed a request for dismissal of the first cause of action. As to the second cause of action, one alleging negligence, the Court's tentative ruling is to SUSTAIN WITH LEAVE TO AMEND defendant State of California's demurrer. The long‐standing rule in Cal...

Excerpt: ...2004) 32 Cal.4th 820, 829; Howlett v. Rose (1990) 496 U.S. 356, 365.) The Court further notes that on January 5, 2021, well after the demurrer in this case was filed, plaintiff Anthony Hernandez filed a request for dismissal of the first cause of action. As to the second cause of action, one alleging negligence, the Court's tentative ruling is to SUSTAIN WITH LEAVE TO AMEND defendant State of California's demurrer. The long‐standing rule in Cal...

Excerpt: ...urt will begin by reciting the core facts and procedural history of this litigation. On or about September 26, 2019, counsel for petitioner “Save Rancho Mirage” sent a letter to respondent City of Rancho Mirage raising concerns, including environmentally‐related concerns, about a proposed “In‐N‐Out Burger” restaurant (hereafter “the Project”) to be built in the Rancho Las Palmas Shopping Center in Rancho Mirage. According to the...

Excerpt: ...ary 13, 2020, exactly 16 court days before the OSC hearing, Petitioner filed a motion for attorney's fees and supporting declaration. (Code of Civ. Proc., §§ 1005, 1021.5.) The motion and supporting declaration made no mention of the Court's OSC nor any issues raised therein. The following day, February 14, 2020, Real Party in Interest “In‐N‐Out Burgers” filed a response to the Court's OSC. Without conceding it had been properly served ...

Excerpt: ... it is undisputed that Petitioner failed to file a request for hearing within 90 days of filing the original petition as required by Public Resources Code (“PRC”) section 21167.4. Miller v. City of Hermosa Beach (1993) 13 Cal.App.4th 1118, upon which Petitioner relies, involved a request for relief from default brought after the underlying petition had been dismissed pursuant to PRC section 21167.4. The same may be said for McCormick v. Board...