Excerpt: ...b)(2).) Likewise, a motion to compel a further response to an interrogatory requires a meet and confer declaration. (Cal Code Civ Proc § 2030.300(b).) The purpose of the meet and confer requirement Page 3 of 4 is to encourage the parties to work out their differences informally so as to avoid the necessity of a formal order. (Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016.) The declaration must state facts showing a re...

Excerpt: ...ral real estate properties together. Apart from properties they own together, Defendant, Mohammad owns other real estate. Plaintiffs allege Defendant began suffering from financial difficulties in 2005. To relieve his financial burden, Plaintiffs Mohtasham Shalikar and his wife, Maria Shalikar, as trustees of The Shalikar Family Trust, gave Defendant three separate loans.1 Plaintiffs claim that Defendant (Mohammad)2 stopped making regular payment...

Excerpt: ...covery dispute. That is, the court is evaluating each discovery demand in relation to the claims made in this action. Accordingly, the court declines to rule on the objections. I. Meet & Confer Importantly, before filing a motion to compel a further response to ROGs or RFPs, the moving party must engage in a reasonable and good faith attempt to resolve informally each issue set forth in the motion and must file an appropriate declaration with the...

Excerpt: ... 1. There is to be both a short form notice that is mailed and a long form notice that is available online. The information in the short‐form notice is minimal. It does not, for instance, inform the reader of the release that the class members will give as consideration for their settlement payments. Moreover, to object or opt‐out, the class members will need to obtain the necessary forms online. Given the age of the class, all of whom are 55...

Excerpt: ...uesting an order granting default judgment was denied as Defendants had answered. Defendants demurrer. Defendants Donoho, Welker and Tochtrop, Phillips and Anne claim there is no liability for responding to grievances. Defendants Plascencia and Lopez claim their actions were reasonable, there is no liability for mental or emotional injuries of Plaintiff absent a physical injury and the allegations of the Complaint as to these Defendants are insuf...

Excerpt: ... does not demonstrate that MCI issued those SDTs. Similarly, that MCI objected to discovery propounded to it does not constitute a general appearance, because those objections do not ask the court for any relief or otherwise recognize the authority of the court to proceed. For the same reason, asking plaintiff's counsel for extensions of time does not invoke or otherwise recognize the authority of the court.(Cf. Busching v. Superior Court of Vent...

Excerpt: ...dicated “none,” which Defendant takes issue because Plaintiff's production indicates her medical billing was reduced or adjusted in accordance with insurance. However, Plaintiff indicates that the parties have never Page 5 of 7 met and conferred on this issue via the letters, but Defendant asserts that the parties met and conferred on the phone. This is sufficient. The real issue is that Defendant does not find Plaintiff's response credible, ...

Excerpt: ...nd/or distributed by defendant Ford Motor Company (Ford), on 4/7/18. Plaintiff alleges the vehicle came with a written warranty and an implied warranty of merchantability, but that the vehicle had defects and nonconformities which required her to take the vehicle to an authorized service and repair facility. The defects and nonconformities included defects in the Sync system which caused the touchscreen to malfunction, resulting in the screen bec...

Excerpt: ...ot assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First, Fourth, and Seventh Cause of Action for Breach of Contract: The necessary elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff's performance or her excuse of performance under the contract, (3) a breach of the agreement by the defendant, and (4) damages to plain...

Excerpt: ...them.” (Complaint, pg. 4, ¶¶1, 6.) Once there, Plaintiff was instructed to work on a machine called an “LS Industries Sandblaster Machine” without ever having formal training to operate such a machine. (Complaint, pg. 4, ¶6.) “Within a few minutes of him working on the machine, it exploded causing serious bodily injuries to Plaintiff including electrical burns, a displaced fracture shaft of the left ulna which required surgery and thos...

Excerpt: ... the peril to be apprehended, (2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to avoid the peril.” (New v. Consolidated Rock Products Co. (1985) 171 Cal.App.3d 681, 689‐90; see also Nazar v. Rodeffer (1986) 184 Cal.App.3d 546, 552; Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 895.) In the present case, Plaintiff alleges that the radiologist pr...

Excerpt: ...them.” (Complaint, pg. 4, ¶¶1, 6.) Once there, Plaintiff was instructed to work on a machine called an “LS Industries Sandblaster Machine” without ever having formal training to operate such a machine. (Complaint, pg. 4, ¶6.) “Within a few minutes of him working on the machine, it exploded causing serious bodily injuries to Plaintiff including electrical burns, a displaced fracture shaft of the left ulna which required surgery and thos...

Excerpt: ... the peril to be apprehended, (2) actual or constructive knowledge that injury is a probable, as opposed to a possible, result of the danger, and (3) conscious failure to act to avoid the peril.” (New v. Consolidated Rock Products Co. (1985) 171 Cal.App.3d 681, 689‐90; see also Nazar v. Rodeffer (1986) 184 Cal.App.3d 546, 552; Carlsen v. Koivumaki (2014) 227 Cal.App.4th 879, 895.) In the present case, Plaintiff alleges that the radiologist pr...

Excerpt: ...nd/or distributed by defendant Ford Motor Company (Ford), on 4/7/18. Plaintiff alleges the vehicle came with a written warranty and an implied warranty of merchantability, but that the vehicle had defects and nonconformities which required her to take the vehicle to an authorized service and repair facility. The defects and nonconformities included defects in the Sync system which caused the touchscreen to malfunction, resulting in the screen bec...

Excerpt: ...ot assume the truth of contentions, deductions, or conclusions of law alleged within the complaint. Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713. First, Fourth, and Seventh Cause of Action for Breach of Contract: The necessary elements of a breach of contract cause of action are: (1) a contract, (2) plaintiff's performance or her excuse of performance under the contract, (3) a breach of the agreement by the defendant, and (4) damages to plain...

Excerpt: ...dicated “none,” which Defendant takes issue because Plaintiff's production indicates her medical billing was reduced or adjusted in accordance with insurance. However, Plaintiff indicates that the parties have never Page 5 of 7 met and conferred on this issue via the letters, but Defendant asserts that the parties met and conferred on the phone. This is sufficient. The real issue is that Defendant does not find Plaintiff's response credible, ...

Excerpt: ...ervice Porter. Plaintiff alleges that his supervisor, Defendant Joanie Short (“Short”), and other employees, harassed and mocked him for wearing his hair in dreadlocks and made other racially disparaging comments. Plaintiff alleges that he was asked to order and pick up lunch and run personal errands for Short, although no other employees were given similar tasks. After several months of informal settlement negotiations, Plaintiff filed his C...

Excerpt: ...pted to run over Defendant with his car and that Plaintiff tried to t‐bone her. Plaintiff contends as a result of Defendant's statements, Ms. Dunway breached the contract and Plaintiff spent considerable time and expense in defending against said breach. Plaintiff filed the Complaint and now First Amended Complaint (FAC) alleging causes of action for (1) inducing breach of contract; (2) intentional interference with contractual relations; (3) i...

Excerpt: ...con Holdings, LLC, (Icon) and Solarium Capital, LLC (Solarium) were the Sellers. Defendant, Jones Lang LaSalle Americas, Inc. (JLL) is a licensed real estate broker, which allegedly represented the Sellers and Plaintiff through its agent, Defendant, Patrick Toomey (Toomey.) Plaintiff alleges that on 11/9/18, based on the advice and representations of Toomey and JLL, they entered a Purchase Sale Agreement (Agreement) for the property. Plaintiff al...

Excerpt: ...arding a protective order to protect third party privacy rights for those involved in other claims against other security guards. Factual and procedural background: Plaintiff is a resident of the Lakes Community in Menifee, California. The Community HOA employs Defendant Securitas to provide security services for the community. On 8/12/19, Plaintiff was assaulted and battered by one of the Securitas guards. The guard was arrested and pled guilty ...

Excerpt: ... that he was employed by Defendant CR&R and that CR&R took adverse actions against him based on his national origin and race. The Complaint was filed on 5/28/21 and alleges causes of action for: (1) National Origin Discrimination; (2) Race/Color Discrimination; (3) Unlawful Retaliation; (4) Failure to Take Steps to Prevent Discrimination/Harassment and (5) Wrongful Termination. Counsel for CR&R, requested that the case proceed to arbitration purs...

Excerpt: ... of the Chino Basin Judgment, which YVWD objects to. The court declines to take judicial notice of the judgment as it is not relevant. That judgment is not binding in this court and has no persuasive value. The requests are granted as to SMMWC's remaining request for judicial notice, pursuant to Evidence Code § 452(b). Factual and procedural background: On 2/20/03, Plaintiff San Timoteo Watershed Management Authority filed this action for an adj...

Excerpt: ... days. The Court finds the request to require Plaintiff to remove any property currently on the land is moot as Plaintiff has already removed her belongings from the land. Factual / Procedural Context This is a dispute between neighboring property owners. Plaintiff Nipa Y. Sproat, individually and as Trustee of the Nipa Y. Sproat Revocable Living Trust, UTD 11‐12‐14 (“Plaintiff” or “Sproat”) alleges she owns a single‐ family residen...

Excerpt: ...other than the third and twelfth. Factual and procedural background: Plaintiff Sharon Lazzarini (“Plaintiff”) was employed by Defendant Alvord Unified School District (“Defendant” or “District”) as the La Sierra High School's Activities Director/Associated Student Body Advisor (“ASB”) for 25 years. Plaintiff contends that beginning in 2015, District employee Irene Werley (“Werley”) and parent Malina Perez (“Malina”) engage...

Excerpt: ... purely for their own benefit. The contents of the encroachment permit, which was signed on Orr Builder's behalf, sets forth work that Orr agreed to do on City property on behalf of City as a condition of issuing the permit. Pursuant to the terms of the permit, signed by Orr, they agreed to comply with all applicable City ordinances, which included City of Cathedral City Municipal Code section 14.16.110, which obligated Orr to provide liability i...