Excerpt: ...ners Association is to give notice pursuant to CCP 1019.5, forthwith. This court granted Defendant Tri Palms Unified's Motion to Strike pursuant to C.C.P. §425.16 (Anti‐SLAPP) and awarded it attorney's fees and costs of $35,225.77 on May 26, 2016. Additional fees were awarded to Tri Palms on July 27 2016 in the amount of $6,750 after the court heard and denied Plaintiff's Motion for Reconsideration of the Anti‐SLAPP motion. Tri Palm's total ...

Excerpt: ...fessional negligence through the testimony of her two expert witnesses, Plaintiffs satisfy their burden in opposition to demonstrate the existence of triable issues of fact with respect to both the alleged breach of the standard of care and causation. Plaintiffs' expert, Jack Sills, M.D. is properly qualified and opines that the standard of care required that the twins be subject to parallel evaluations and antibiotic treatment and that if Joshua...

Excerpt: ...derlying complaint is an interpleader action by SBS with named defendants Monica Carranza, County of Riverside Code Enforcement Department and Ford Motor Credit Company. The interpleader action is the result of a foreclosure that resulted in excess funds of $8,041.63 (less attorney's fees and costs). The Trustee's Sale Guaranty indicated that Carranza, County and/or Ford Motor may be “next in line” and entitled to a portion of the surplus fun...

Excerpt: ...rt construes the absence of a memorandum as an admission that the motion is not meritorious and good cause for the denial of the motion. (Rule 3.1113(a).) Page 2 of 2 The factual representations in the motion are not supported either by any declaration or other evidence or by any request for judicial notice. The absence of either demonstrates that the motion is meritless. The absence of both, coupled with the moving party's insistence on May 17, ...

Excerpt: ...right to exercise an option to renew a commercial lease between International Apparel and Accessories, Inc. (IAAA) (which entity was subsequently stricken from the complaint on 6/29/17 because Plaintiff Paige Linn, president of IAA opted to pursue the matter in pro per without counsel and could not represent the interest of the corporation as she is not a licensed attorney) and Defendant Heidi Hustedt. In addition, the prior pleadings arose out o...

Excerpt: ...n an ordinary negligence case. Evans v. Hood Corp. (2016) 5 Cal.App.5th 1022, 1050. “With respect to professionals, their specialized education and training do not serve to impose an increased duty of care but rather are considered additional ‘circumstances' relevant to an overall assessment of what constitutes ‘ordinary prudence' in a particular situation. . . Since the standard of care remains constant in terms of ‘ordinary prudence,' i...

Excerpt: ... not say that prosecutors are free of any limits on their financial conflicts of interest. To the contrary, the Court said: “We do not suggest . . . that the Due Process Clause imposes no limits on the partisanship of administrative prosecutors. Prosecutors are also public officials; they too must serve the public interest. [Citation.] In appropriate circumstances the Court has made clear that traditions of prosecutorial discretion do not immun...

Excerpt: ...ion is that Plaintiff's supervisor, Defendant Matt Juline, made sexual comments that were offensive and demeaning to Plaintiff, that AMC did nothing to stop Juline when made aware of his conduct and that AMC retaliated against Plaintiff when she complained. More specifically, Plaintiff alleges in some detail the graphic sexual remarks made by Juline in her presence; that when Plaintiff told Juline his comments were inappropriate, he told Plaintif...

Excerpt: ...aining Order was in place. Hence, Plaintiff County of Riverside established the operation of a cannabis business at the subject property, in violation of Riverside County Ordinance numbers 348 and 725. Operating or allowing the operation of a cannabis business or a marijuana dispensary is an illegal use of the subject property under the Riverside County Ordinance. The proposed Preliminary Injunction prohibits defendants from operating or allowing...

Excerpt: ... Moving party to give notice. 42 U.S.C. § 1395x, 45 CFR § 164.512 and Cal. Civ. Code § 56.10 are completely inapplicable to Defendant. The definition of “provider of services” under 42 U.S.C. § 1395x applies for purposes of payments to physicians and funds of medical schools. The restricted disclosures under HIPAA, 45 C.F.R. § 164.512, apply only to “covered entities” which include 1) health plans; 2) health care clearinghouses; and ...

Excerpt: ... agency knew or should have known of the existence of this case before April 24, 2018, and the agency's commitment that it will be prepared to participate in trial without any continuance, intervention is appropriate ...

Excerpt: ...618, 620, are not sought to be struck. With a singular basis for the prayer surviving, there is no reason to engage in a line by line approach to the attorney's fees, the which could be properly brought posttrial for the first time any way ...

Excerpt: ...hin: 75 miles from their residence; or, at the option of the deposing party, in the county where the action is pending at a place within 150 miles of the deponent's residence. (Code Civ. Proc. § 2025.250(a).) However, for “good cause shown,” the court can make whatever orders are appropriate to protect any party from “undue burden and expense.” (Code Civ. Proc. § 2025.420(b).) More specifically, the Discovery Act provides: “The co...

Excerpt: ...mandate, denial. (See Mills v. U.S. Bank (2008) 166 C.A.4th 871, 893; Neary v. Regents of University of California (1986) 185 Cal.App.3d 1136, 1145.) Plaintiff's substantive opposition shows that Plaintiff is aware of both the items in dispute and the nature of the dispute. Plaintiff's substantive arguments in opposition are not persuasive. For example, despite providing an answer to special interrogatory No. 2, Plaintiff now claims that this int...

Excerpt: ...eir health is “such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc. § 36(a), (c)(2).) (Emphasis added.) Trial priority is not mandatory and absolute merely because one of the parties is age 70. The court has discretion to determine the extent of that party's interest and find as a matter of fact the risk posed of that party's death or incapacity if trial is delayed. ...

Excerpt: ...related cases described in the declaration of Wall? 2. Is the execution date on the declaration of Wall accurate? 3. Why no notice of related case has been filed in this case regarding RIC1809267 or in Martinez Rodriguez concerning this case? 4. ¶ 11 of the order, at lines 20‐23: The Court will not speculate as to whether statements made in the Agreement might be relevant in some other proceeding between other parties, and will not decide what...

Excerpt: ...eanne Foxx, D&R Foxx, Inc., and Sterling Ridge Lot 1, LLC. After dismissing the 2nd and 9th causes of action, the complaint now alleges 13 causes of action for: 1) Breach of Contract, 3) Declaratory Relief, 4) Breach of Fiduciary Duty, 5) Constructive Trust, 6) Conversion, 7) Unjust Enrichment, 8) Injunctive Relief, 10) Intentional Interference with Contractual Relations, 11) Intentional Interference with Contractual Relations, 12) Aiding and Abe...

Excerpt: ... to state fact sufficient to state a cause of action and each is uncertain (except for the 3rd cause of action). To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc. § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of action, each evidentiary fact that might eventually form part of the plaintiff's proo...

Excerpt: ...n 473, subdivision (b). A second declaration was filed and served on June 22, 2018, but that declaration is disregarded because it was served less than 16 court days before the hearing. ...

Excerpt: ...ties regarding new service of the Summons, Complaint, etc., on Defendant. In that event, no personal appearances will be necessary at the hearing. The Court does not rule on whether service was proper. It finds that Defendant is entitled to relief under CCP §473.5. Service of the summons on Defendant, if any, did not result in actual notice to Defendant in time to defend the action. Moreover, the Judgment is void. Plaintiffs served the Statement...

Excerpt: ...be excusable, i.e., relief must be granted even where the default resulted from inexcusable neglect by the defendant's attorney. (Standard Microsystems Corp. v. Winbond Electronics Corp. (2009) 179 Cal.App.4th 868, 897.) GRANT $1,000 sanctions—the Law Office of Charlene Baillie shall be ordered to pay $1,000 in sanctions to Plaintiff within 30 days. (CCP § 473(b) and 473(c)(1).). Moving party to give notice. Counsel for defendant, Charlene Bai...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ..., 50, 51, 53, 54, 55, 57, 58, 59, 61, 62, 63, 65, 66, 67, 69, 70, 71, 73, 74, 75, 77, 78, 79, 81, 82, 83, 85, 86, 87, 89, 90, 91, 93, 94, and 95. Form Interrogatories: GRANT motion to compel further responses to Form Interrogatory Nos. 9.2, 17.1(d), 50.5, and 50.6. Requests for Production (“RFP”): GRANT motion to compel further responses to RFP Nos. 1‐ 58, 63, 70 and 71. Request for Admissions (“RFA”): GRANT motion to compel further res...

Excerpt: ...he FAC. 2. The agreement provides for the entry of judgment that would purport to bind all aggrieved employees. The parties rely on the Supreme Court's statement that “the judgment in [a PAGA action brought by an aggrieved employee] is binding not only on the named employee plaintiff but also on government agencies and any aggrieved employee not a party to the proceeding.” (Arias v. Superior Court (2009) 46 Cal.4th 969, 985.) However, as expl...

Excerpt: ......

Excerpt: ...ective order is not sufficiently narrow. In its current form, the phrase “or any of the subject matter contained therein” includes the bank account event. (Proposed Order filed 5/10/18.) Therefore, the protective order is granted as to the TRO declaration itself and facts concerning Burkholder's intimate sexual relations with her ex‐husband as well as issues of domestic violence and medical issues, which shall be protected in the context of...

Excerpt: ...te discovery. See Weil & Brown, ¶ 8:1804.5. The trial court, rather than a referee, should hear discovery disputes whose outcome may affect the rights of other parties. The court is best able to identify such parties and ensure they receive adequate notice and protection. Taggares v. Sup.Ct. (Mitchell) (1998) 62 Cal.App.4th 94, 106. Arguments regarding the length of Tom Tedesco's deposition are premature. Plaintiff states that his questioning wi...

Excerpt: ...ubpoena on the Department of Social Services for the following documents: “All unredacted incident reports, accident reports and unusual incident reports produced by Brookdale Rancho Mirage between the dates of March 1, 2015 and April 1, 2017.” Defendants seek an order quashing the subpoena on the grounds that disclosure would violate third‐party privacy rights, the confidentiality of reports of elder abuse pursuant to Welfare and Instituti...

Excerpt: .../Cross Defendant Joanna Lents demurred to the Second Amended Cross‐Complaint (“SACC”) of Blake Dunlap, an individual and as Executor of the Estate of Jerry Dunlap. The demurrer was based on the grounds that each cause of action failed to state facts sufficient to constitute a cause of action; that Dunlap individually and as Executor of the Estate did not have the legal capacity to sue; there is a defect or misjoinder of parties in the fourt...

Excerpt: ...proving that 420 and AMG violated municipal ordinance and have created a public nuisance, there is a presumption of public harm and the City need not produce evidence of harm. Neither of the Defendants Page 2 of 2 presented evidence of harm to rebut this presumption. Defendants cannot establish that they will suffer harm if prevented from operating or permitting an unlawful marijuana dispensary in violation of local ordinances. ...

Excerpt: ...tal recovery, nor the settlor's proportionate liability. As to the former issue of approximation of total recovery, there is no analysis in the moving papers or in the reply as to Plaintiffs' estimated recovery. The ultimate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be.” (City of Grand Terrace v. Sup. Ct. (Boyter...

Excerpt: ...reen Co. demurs to the 1st and 2nd causes of action in Plaintiffs' Complaint for medical negligence and Loss of Consortium. Walgreen demurs to the consortium cause of action (2nd) on the grounds that they fail to state facts sufficient to constitute causes of action and demurs to the medical negligence cause of action (1st) on the grounds it fails to state sufficient facts to state a cause of action and/or is uncertain and/or fails for failure to...

Excerpt: ... medical negligence. Summary judgment is granted when a moving party establishes the right to entry of judgment on a particular cause of action 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 established or that there is a complete defense to that cause of a...

Excerpt: ...he fiduciary obligations—not contractual obligations. 2COA (Fraud): Plaintiff asserts that the Listing Agreement was only for one property and Defendants improperly added the second property, but yet, she was aware that she was selling both properties in the sale. (FAC ¶15‐16, 27.) It is unclear if Plaintiff only wanted to sell one property—which she is not yet asserting. 3COA (Implied Covenant): Again, the FAC merely pleads the conclusion...

Excerpt: ...nary injunction may issue: “When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.” The purpose of a preliminary injunction is to preserve the status quo until a final determination of a cause of a...

Excerpt: ...ply are granted as to objections ## 4, 5, 15 & 16, but otherwise overruled. The motion for summary judgment is denied. The alternative motion for summary adjudication is denied. Analysis: Judicial notice: Judicial notice of the unrelated trial court rulings is denied because an isolated “trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshé (1997) 56 Cal.App.4th 819, 831.) Evidence: Facts asserted on inf...

Excerpt: ...ered analysis under CCP section 1161a. Although Malkoskie dealt with a stipulated judgment, the Court of Appeal did not cite that as a key fact in its holding. Rather, the Court wrote: [w]e therefore hold the unlawful detainer judgment has claim preclusive effect challenging the validity of … title.” Id. at 976. In the instant matter, the UD also necessarily addressed this same issue of title as it too was based on 1161a. Further, in the UD a...

Excerpt: ...d number 3 below, are competing motions, and are therefore, analyzed under the heading of the motion for reimbursement. Page 2 of 4 The court has reviewed the Supreme Court's decision in Associated Construction & Engineering Co. v. Workers' Comp. Appeals Bd. (1978) 22 Cal.3d 829, 832‐833 and finds it inapplicable because there is no evidence that the decedents' employer was negligent, so there is no need for an evidentiary hearing. As such, the...

Excerpt: ...val of a proposed class action settlement were denied. The plaintiff reserved a hearing for a third motion for preliminary approval to be conducted on May 23, 2018. She filed the notice of motion on May 1, 2018. However, no other documents were filed in support of that motion except for a declaration from defendant's counsel filed May 3, 2018. The notice of motion refers to a memorandum of points and authorities, the settlement agreement, other u...

Excerpt: ...element, the defendant must establish that plaintiff's claims fail as a matter of law. (Eriksson v. Nunnick (2011) 191 Cal.App.4th 826, 849.) To demonstrate that the plaintiff lacks evidence, the defendant must show that the plaintiff does not possess and cannot reasonably obtain needed evidence. (Aguilar v. Atlantic Richfield Company (2001) 25 Cal.4th 826, 855.) A defendant may not simply point to an absence of evidence, but must show that the p...

Excerpt: ...walking along the dirt shoulder of a road. At the time, Labuen was making deliveries on behalf of a Round Table Pizza franchise, D & N Pizza, that he co‐owned and operated with his wife, Defendant Nancy Sonneborn. Labuen also named as Defendants Round Table Pizza, Inc. ("RTP") and Round Table Development Company ("RTDC") (collectively as "the Round Table Defendants"), alleging that the Round Table Defendants were vicario...

Excerpt: ...ws that after the initial collision James Lee got out of the car. At which point, Lopez took off. James Lee had to get back into the car and catch up. A chase ensued during which the evidence shows that James Lee was driving too fast. In addition, James Lee had a duty not to engage in a chase. Having just been in a car accident with Lopez, how could James Lee not be thinking that Lopez could cause another crash especially when being chased? The c...

Excerpt: ...by section I of the CMO#2, dated 6‐4‐18, one line for each requirement in each paragraph or sub‐paragraph. The other column shall describe – by document name and by page and line numbers ‐‐ where in the moving papers each requirement is satisfied. Analysis: The motion fails to comply with the case management order #1, filed 1‐19‐17, in at least the following respects:  Counsel's declaration fails to comply with §G.1.c., the po...

Excerpt: ...d must be based on a showing of mistake, inadvertence, surprise or excusable neglect. (Id.) The problem is that defense counsel is not taking the blame—he instead blames Plaintiff for bad faith tactics during settlement negotiations. Nor does Defendant provide a declaration from Defendant as to why it did not forward the complaint to its insurance carrier or failed to provide a response. However, Plaintiff did take default immediately without w...

Excerpt: ...petitioner only requested a hearing date on 04/18/2018, almost two months after the last date to request a hearing date, after real party in interest filed its motion to dismiss. The motion is based upon the grounds that the failure to timely request a hearing date was the result of excusable neglect. For the following reasons, the motion is granted: The failure to timely request a hearing date was a result of excusable neglect. When a petition f...

Excerpt: ...deposition, as duly scheduled for April 11, 2018, at a conference room less than two miles from the dealership location. FCA US states it will make arrangements for the depositions of the dealership personnel, “so long as those depositions take place at the dealership.” Plaintiffs Doreen Kent and Donald Mead move the court to compel the deposition attendance and production of documents by FCA US LLC's Dealership personnel (PMQ, Technicians an...

Excerpt: ...e. In reviewing a disqualification motion, the court balances competing interests to ensure the parties are not denied substantial justice. (People ex rel. Dept. of Corps. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1144‐1145.) “Depending on the circumstances, ‘a disqualification motion may involve such considerations as a client's right to chosen counsel, an attorney's interest in representing a client, the financial burden...

Excerpt: .... Analysis: By an order filed December 18, 2017, the Court preliminarily approved the settlement in this case. That order provided that the “Final Approval Hearing” would be conducted on May 20, 2018, at which the court would decide whether to grant final approval, and would also decide whether to grant any request for attorney's fees and costs, and for enhancements. The court's case management order provides at ¶ H.1 that, promptly after th...

Excerpt: ...ing party has met satisfied this requirement and the burden has been shifted to the Plaintiff to demonstrate the falsity of the purported agreement. (Condee, supra, 88 Cal.App.4th at 218‐219.) Plaintiff has not meet this burden. There is sufficient evidence of interstate commerce such that the FAA applies. Defendant provides the declaration of Carmen Lainez that it provides bail bonds to customers in California and out of state, including co‐...

Excerpt: ...of the requirements prescribed by section G of the CMO#1, filed 3‐17‐17, one line for each paragraph or sub‐paragraph. The column on the right shall describe – by document name, page, and line numbers ‐‐ where in the moving papers each requirement is satisfied. Analysis: The motion violates the Court's CMO. Specifically, it fails to comply with the following portions of section G of the order:  ¶ 1.f. re fee splitting agreements. ...