Excerpt: ...inee's bodily and mental privacy and other constitutional rights. (Reuter v. Superior Court (1979) 93 Cal.App.3d 332, 343.) “Good cause” requires that the party produce specific facts justifying discovery and that the inquiry be relevant to the subject matter of the action or reasonably calculated to lead to the discovery of admissible evidence. (Vinson v. Superior Court (1987) 43 Cal.3d 833, 840.) Notably, if the plaintiff stipulates that no...

Excerpt: ...y, opposes the motion arguing that Plaintiff has failed to demonstrate that she is entitled to further responses to FR‐G or FR‐E; that the responses are complete, accurate, and Code‐compliant; that Plaintiff failed to meet and confer in good faith; and failed to establish that sanctions are warranted. No reply was filed as of 10/17/22. Analysis CCP §2030.300 provides that where a responsive party serves a discovery response that is evasive...

Excerpt: ...d set of Specially Prepared Interrogatories (“SROGs”) on Plaintiff. (Lal Decl. ¶ 2, Ex. A.) Plaintiff's responses to this discovery was due by August 13, 2022. (Id. at ¶ 3.) On August 17, 2022, after Plaintiff failed to respond by the deadline, Defendants sent a meet and confer letter, asking Plaintiff to provide complete and verified responses to all outstanding discovery requests, without objections. (Id. at ¶ 4, Ex. C.) On August 25, 20...

Excerpt: ...treatment that reasonable degree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximat...

Excerpt: ...were unnecessary. Moreover, the time claimed by the plaintiffs is fairly nominal, and neither suffered adverse consequences. The Court reduces the payments from $5,000 apiece to $1,500 apiece. • Attorney's fees: o The Haffner firm claims a lodestar of $102,330. The Stevens firm claims a lodestar of $190,225. Neither estimate is supported by any contemporaneous time records, and thus neither can be independently evaluated by the court. o The tot...

Excerpt: ... in a reasonable amount, “both from the standpoint of time spent and the amount charged.” (Warren v Kia Motors Inc. (2018) 30 Cal.App.5th 24, 35‐36.) This is consistent with the lodestar calculation, a function of hours reasonably expended multiplied by the reasonable hourly rate, which may be adjusted to fix a fee at the fair market value of comparable services in the community. (Id.) “Padding” is not subject to compensation. (See Grah...

Excerpt: ...ity of Rancho Mirage (the “City”). The original complaint set forth causes of action for (1) dangerous condition of public property and (2) general negligence. On July 28, 2022, the court sustained the City's demurrer to the second cause of action with leave to amend. Plaintiff filed the operative first amended complaint on August 17, 2022. Plaintiff alleges that on December 18, 2020, he was walking on a walkway located at Frank Sinatra Dr. n...

Excerpt: ...VIP process does not create a binding agreement; (2) the fraud claim is not sufficiently pleaded, and Plaintiff fails to identify any misrepresentation; (3) the third cause of action for false advertising is not supported, and the actual advertisements/pamphlets negate Plaintiff's claim; (4) the fourth cause of action for bait and switch (Bus. & Prof. Code § 17200) is not adequately supported by the referenced advertisements/pamphlets; and (5) t...

Excerpt: ... of action stated, even if not the one intended, the complaint is sufficient. (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.) If judicially noticeable records disclose an absolute defense to the action or deficiency in the complaint, the matter can be ...

Excerpt: ...tia and need for assistance with all activities of daily living. (Compl. ¶ 30.) Plaintiffs allege that, on September 5, 2020, during Gichanga's residency at The Gardens, she died after being permitted to wander into the outdoor courtyard area, unsupervised, in blistering heat conditions. (Id. at ¶¶ 28–51.) The cause of her death was determined to be environmental heat exposure. (Id. at ¶ 48.) On March 2, 2022, Plaintiffs filed a Complaint a...

Excerpt: ...Volvo Car USA, LLC (erroneously sued as Volvo Cars of North America, LL) (“Volvo”) and Volvo Cars Palm Springs (erroneously sued as Palm Springs Volvo) (“VCPS”). Following a demurrer, Plaintiff filed the first amended complaint (“FAC”) on April 19, 2022. The FAC set forth seven causes of action (COA): (1) violation of Civ. Code § 1793.2(d) (against Volvo); (2) violation of Civ. Code § 1793.2(b) (against Volvo); (3) violation of Civ....

Excerpt: ... Mark Lieberman, DDS, who opines that defendant did not breach the standard of care or cause any of plaintiffs' damages. Defendant gave more than 80 days' notice as required (75 days for the MSJ, plus 5 for service (Code Civ. Proc. (CCP), §§ 437c, subd. (a), 1013, subd. (a))). The trial in this matter is set for 3/24/22. Plaintiff filed no opposition and instead filed notice that she would not oppose this motion. Analysis Summary judgment is gr...

Excerpt: ... GTOK for the purpose of manufacturing cosmetic products. Conor understood GTOK's intended use and informed it that the buildings were suitable to cosmetic manufacturing and there were no environmental impediments. The property was formerly operated as a landfill and Plaintiffs learned that it was contaminated by the City of Corona's use. City approved permits, but avoided involving the County's Department of Environmental Health. When GTOK's ass...

Excerpt: ...retained experts generally are privileged unless a party expects to offer their expert opinion at trial, and whether they will testify at trial need not be disclosed until shortly before trial. (Schreiber v. Estate of Kiser, 22 Cal. 4th 31, 37, 91 Cal. Rptr. 2d 293, 989 P.2d 720 (1999)) The Discovery Act provides a method for ascertaining before trial the names and addresses of the expert witnesses whose testimony each party intends to introduce ...

Excerpt: ...d Employment Form Interrogatories (Set One). Said responses to each motion shall be served within 20 days. Monetary sanctions are imposed against Defendant in the amount of $1,275.00 for each motion. Said sanctions to be paid in 60 days. Factual / Procedural Context: Plaintiff Claudia German alleges Defendants La Floure, LLC and Joe DiBenedetto employed her as a prep chef and cashier. After Plaintiff became pregnant and could no longer lift heavy...

Excerpt: ...hich the examination is requested. Pursuant to CCP §2025.450(a), where a party fails to appear, without a valid objection, the party giving notice of the deposition may move for an order compelling attendance, testimony, and the production of documents. The motion must show good cause, and be accompanied by a meet and confer declaration under CCP §2016.040. (CCP §2025.450(a).) Implicit in the requirement is that counsel make a good faith attem...

Excerpt: ... Rivera and Ramiro Rojas claim Mr. Aguilar was negligent in failing to add Plaintiff Rivera to his parents' Plaintiff Rojas and Maria Carranza's car insurance policy. As a result, when Plaintiff Rivera was involved in a motor vehicle accident on July 24, 2017, he claims he was prevented from recovering pain and suffering damages from the at‐fault driver in an underlying lawsuit, Rivera, et al. v. City of Hemet; Riverside Superior Court Case No....

Excerpt: ...gree of skill, knowledge, and care ordinarily possessed and exercised by members of the medical profession under similar circumstances.” (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 36.) Thus, “(t)he elements of a cause of action for professional negligence are failure to use the skill and care that a reasonably careful professional operating in the field would have used in similar circumstances, which failure proximately causes damages to plaint...

Excerpt: ...Permit or Conditional Use Permit (CUP). One exception is a CUP for a mobile home park developed under §9.260.030. Plaintiff applied for a CUP to develop a mobile home park, in which City's Planning Director, Thomas Merrell, refused to accept the application until Plaintiff obtained a General Plan Amendment. A meeting occurred between Plaintiff and Merrill, but no change occurred. Plaintiff filed this action on 8/5/19. After the Court granted in ...

Excerpt: ...ligence and (2) negligence. Plaintiff alleges that Dr. Cordero was negligent in evaluating and treating the decedent. Legal authorities and analysis: CCP § 437c(a) provides that “any party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or there is no defense to the action or proceeding.” “The motion for summary judgment shall be granted if all the papers submitted show that there i...

Excerpt: ... checked out, and on 6/4/18 a doctor confirmed she had bedbug bites. The complaint alleges one prior bedbug lawsuit against the same hotel and one warning on a travel site; it also explicitly alleges that defendant “failed to eradicate a prior bedbug infestation of Plaintiff' s room.” (Complaint, ¶ 24, emphasis added; ¶ 33 [“Defendants, and DOES 1 through 20, rented the room to Plaintiff despite having knowledge, as of May 25, 2018, that ...

Excerpt: ...he right of privacy. (John B. v. Superior Court (Bridget B.) (2006) 38 Cal.4th 1177, 119.) As stated by the California Supreme Court: “The party asserting a privacy right must establish a legally protected privacy interest, an objectively reasonable expectation of privacy in the given circumstances, and a threatened intrusion that is serious. [Citations.] The party seeking information may raise in response whatever legitimate and important coun...

Excerpt: ...Riverside, California (“subject property”). (Am. CrossComplaint ¶ 8.) On 8/18/20, Plaintiff, as subrogee of Kristopher Barker, filed its Complaint against King of Fans, Inc.; Air Vent, Inc.; Gibraltar Industries; DM (Asia), Ltd.; and Powermax Electric Co., Ltd., Guangdong (collectively, “Defendants”). In the Complaint, Plaintiff alleged that the subject property was damaged when a ventilation fan designed, manufactured, assembled, mercha...

Excerpt: ...red to meet and confer regarding the deficiencies in the responses and file a motion it compel supplemental responses to any discovery still at issue. However, if the meet and confer efforts are not successful, the Court invites the parties to contact the Court Clerk to schedule an Informal Discovery Conference, (IDC) to be conducted by Zoom, prior to filing another motion. Factual / Procedural Context Plaintiff alleges on 9/13/21, she was attack...

Excerpt: ...y of a quitclaim deed dated November 30, 2003 that was not recorded until after this case was filed in 2021. Summary judgment is granted when a moving party establishes the right to entry of judgment as a matter of law. (Code Civ. Proc., § 437c(c).) A defendant moving for summary judgment bears the initial burden of proving that there is no merit to a cause of action by showing that one or more elements of the cause of action cannot be establish...