Excerpt: ...s inability to work under a particular supervisor because of anxiety and stress related to the supervisor's standard oversight of the employee's job performance does not constitute a mental disability under FEHA.” This does not go as far as defendant argues. Plaintiff is not alleging a mere inability to work under a particular supervisor because that supervisor's standard oversight causes her stress or anxiety, but has alleged list of diagnosed...

Excerpt: ...g to the owner after condemnation is part of a ‘larger parcel': (1) unity of title; (2) contiguity of the parcels; and (3) unity of use.” City of San Diego v. Neumann (1993) 6 Cal.4th 738, 745; see also City of Los Angeles v. Wolfe (1971) 6 Cal.3d 326, 330. Although the question whether condemned property is part of a larger parcel within the meaning of the statute is generally described as a question of law, it also involves issues of fact. ...

Excerpt: ...tend the defendant Griffithe was somehow a direct buyer and seller and if so on what basis. Overrule demurrer to second and third causes of action, which sufficiently alleges alter ego liability on the part of defendant Griffithe. Unjust enrichment requires allegations that the defendant received a benefit from plaintiff and that it would be unjust for the defendant to retain it. Although the complaint does not specifically allege that they paid ...

Excerpt: ...efendants Witkos and Kim argue that the declaration of expert Barcay establishes that they followed the appropriate standard of care in their treatment of plaintiff. Because the claim against Banning Medical Services is based of vicarious liability for the doctors' negligence, if the claim against them fails, then so does the claim against BMS. Plaintiff's opposition asks the court to continue the hearing on the motion under California Code of Ci...

Excerpt: ...omply with the requirement of presenting a written claim to the Executive Officer Cal. Gov't Code § 810, et. seq. Defendant also asserts that this court lacks jurisdiction of plaintiff's claim for declaratory and injunctive relief in that plaintiff improperly asks one superior court judicial officer to reverse the previous procedures, rulings, and orders of another superior court judicial officer in violation of California Code of Civil Procedur...

Excerpt: ...1984) 161 Cal.App.3d 1163, 1171. It may also extend to requests for production of documents where the production of the documents would itself be “testimonial” and incriminatory. United States v. Doe (1984) 465 U.S. 605, 612. In Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, the court held that a defendant in a civil action should not be penalized for asserting his Fifth Amendment rights and should not have to choose between defend...

Excerpt: ...or the actions of another and is under no duty to protect another from harm, in the absence of a special relationship of custody or control.”) The California Supreme Court recently clarified the duty analysis, in particular regarding cases involving suicide. Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 217‐218. In Brown, the Court explained that “‘the basic policy of this state set forth by the Legislature in [Civil Code] section 1714…...

Excerpt: ...osition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” The party requesting the continuance need not show that essential evidence does exist, only that it may exist. Dee v. Vintage Petroleum, Inc. (2003) 106 Cal.App.4th 30, 34. “To be entitled to a continuance, the party opposing...

Excerpt: ...ing is to deny the motion. First Cause of Action for Negligent Supervision of Students: The first cause of action asserts a claim for negligent supervision of students. Negligence requires a duty, breach of duty, causation, and damages. Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917. Since School District is a government entity, a statutory basis for tort claims is required. Becerra v. County of Santa Cruz (1998) 68 Cal.App.4th 1450, 1457...

Excerpt: ...tending that there has not been sufficient discovery to determine whether the settlement is reasonable and requests a continuance of 120 days to allow discovery. Miranda asserts that his financial condition and involvement were disclosed in response to interrogatories. Defendant SCE filed a separate motion to contest good faith settlement because it has no duty to provide power for streetlights and cannot be liable. It argues discovery is in the ...

Excerpt: ...sixteenth cause of action (false imprisonment). Fourth cause of action: Defendant school district argues that California Education Code sections 49000 and 49001 do not permit a private right of action. In making its argument, defendants rely on Clausing v. San Francisco Unified School Dist. (1990) 221 Cal.App.3d 1224, which held that sections 49000‐49001 “are clearly prohibitory in effect” and “do not create any mandatory, affirmative dut...

Excerpt: ...however, because in his opposition, plaintiff admits that he signed the arbitration agreement. He argues that although he signed the document, his agreement is void because of fraud in the inducement (or execution, the opposition is unclear). Plaintiff contends that he was told that the arbitration agreement was “nothing big” by a person in HR and refused him time to take the documents home. Fearing the loss of his employment, he signed the a...

Excerpt: ... out of protected activity. If the defendant does so, the burden shifts to the plaintiff to show likelihood of success on the merits. Reporting a suspicion of child abuse to CPS falls within the first prong of the anti‐SLAPP statute, California Code of Civil Procedure section 425.16(e)(2). Dwight R. v. Christy B. (2013) 212 Cal.App.4th 697, 711; Siam v. Kizilbash (2005) 130 Cal.App.4th 1563, 1569‐1570. Thus, defendant has met its burden. The ...

Excerpt: ...t she was an employee of defendants, that she told defendants that she was pregnant, that Hernandez was very upset and began to immediately reduce her hours and that as it became increasingly apparent that plaintiff was pregnant, Hernandez reduced her hours more and more. (TAC ¶ 7.) Plaintiff further alleges that on or about 2/2/19, she asked Hernandez why she was the only one with no hours for the week, Hernandez told her there were changes to ...

Excerpt: ...nstance without a violation of prior court orders in egregious cases of intentional spoliation of evidence.” Id. Discovery sanctions are issued to remedy discovery abuse, not to punish the offending party. Id. The sanctions should be proportionate to the offending party's misconduct. Id. “[W]here a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the disc...

Excerpt: ...s essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, or order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just.” The party requesting the continuance need not show that essential evidence does exist, only that it may exist. Dee v. Vintage Petroleum, Inc. (2003) 106 Cal.App.4th 30, 34. “To be entitled to a conti...

Excerpt: ...o show that defendant acted in a manner described in California Civil Code section 3294—that defendant intended to cause injury to the plaintiffs or acted with willful disregard for the rights or safety of others. As set forth in Taylor v. Superior Court (1979) 24 Cal. 3d 890, 895‐896, plaintiff must allege facts showing that defendant was award of the probable dangerous consequences of his actions and willfully and deliberately failed to avo...

Excerpt: ... his employer. As to this cause of action, defendants have not demonstrated that it arises out of protected activity. Plaintiff responded to the motion by filing a request for dismissal of anti‐SLAPP and all future filings by defendants. He presented no evidence or argument in opposition to the motion. The Court grants the motion as to causes of action one, two, and four. The court awards sanctions in the amount of $3,070 for reasonable attorne...

Excerpt: ...t show that his or her lack of actual notice in time to defend was not caused by inexcusable neglect or avoidance of service. Tunis v. Barrow (1986) 184 Cal.App.3d 1069, 1077‐1078. The notice of motion must be accompanied by a declaration showing (a) defendant's lack of notice of the action in time to defend; and (b) that such lack “was not caused by his or her avoidance of service or inexcusable neglect.” Code Civ. Proc. §473.5(b); Anasto...

Excerpt: ...(“Song Beverly Act”) does not apply to used vehicles sold by a third‐party used car dealer. Defendant further argues that the 6th cause of action fails because Plaintiff cannot establish the elements of fraud and/or the economic loss rule bars her claim. After the motion was filed, plaintiff dismissed the 5th and 6th causes of action without prejudice. Plaintiff opposes the motion as to the 1st through 4th causes of action, arguing that the...

Excerpt: ...ate. As of the preparation of this tentative ruling, the court received the brief from plaintiffs and cross‐defendants but not from defendant and crosscomplainant Imperial Irrigation District. The original tentative ruling is repeated below for reference. The FAC alleges causes of action for declaratory relief, writ of mandate under CCP § 1085 and breach of contract. Although the Unions frame the declaratory relief claim and motion for summary...

Excerpt: ... law enforcement agency, [2] to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance … if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute….” Cal. Lab. Code § 1102.5(b). Columbia Riverside states that plaintiff fails to show that she engaged in protected activity because the c...

Excerpt: ...overnment or law enforcement agency, [2] to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance … if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute….” Cal. Lab. Code § 1102.5(b). Columbia Riverside states that plaintiff fails to show that she engaged in protected activity b...

Excerpt: ...o disclose on the part of defendant in the absence of a fiduciary relationship. Defendant also argues the complaint is barred by the statute of limitations. Defendant also argues the complaint based on fraud lacks the specificity required. Defendant argues the claim for fraud by omission fails due to uncertainty. The argument should be rejected because the cause of action adequately alleges that GM knew of substantial and hazardous transmission d...

Excerpt: ...all grant the motion and enter an order for reclassification, regardless of any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification.” Defendants seek reclassification under Walker v. Sup. Ct. (Residential Const. Enterprises) (1991) 53 Cal.3d 257, where the court held that reclassification of an unlimited civil case as a limited civil case is proper if the court determines that plaintiff's claim ...