Excerpt: ...admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendants Wrightwood Capital, LLC and WCP Southgate Plaza, LLC's motion for summary judgment as to plaintiff's complaint for personal injuries is GRANTED. The moving papers are sufficient to meet defendants' initial burden of production under Code of Civil Procedure §437c(p)(2) and plaintiff failed to produce evidence sufficien...

Excerpt: ...dmissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant/cross‐complainant Martinez's motion for summary adjudication as to both plaintiff's complaint and Martinez's own cross‐complaint is ruled on as follows. Moving counsel again failed to comply with CRC Rule 3.1350(b) and (h), requiring that all issues presented for summary adjudication be stated in the notice of motion...

Excerpt: ...el Robertson, for sexual harassment, failure to prevent sexual harassment, retaliation, and discrimination in violation of the FEHA. Plaintiff alleges sexual harassment by Robertson over a period of 10 years. Plaintiff served Costco with requests for production of documents which included a request for all documents relating to disciplinary action taken against defendant Robertson due to complaints by Costco employees of sexual harassment by Robe...

Excerpt: ...989) 217 Cal.App.3d 200, 209, fn.4; see also Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182‐83.) Judgment may be entered under section 664.6 whether the parties are complying with the terms of the agreement or whether they are not. (Viejo Bancorp, 217 Cal.App.3d at 209, fn.4.) By enacting Code of Civil Procedure section 664.6 in 1981 (Stats. 1981, ch. 904, § 2, p. 3437), the Legislature endorsed the nonstatutory speaking motion procedure; th...

Excerpt: ... required by Local Rule 1.06(D), the notice does not comply with that rule. Moving counsel is directed to review the Local Rules, effective 1/1/2019. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). Factual Background This is a personal injury action arising from a motor vehicle accident. Trial is currently set to commence on 7/15/2019...

Excerpt: ...0 days. In her opposition, Plaintiff argued that she could not afford a bond but the Court noted that she did not provide evidence to support the claim of indigence and also that she did not have a fee waiver. After oral argument the Court stayed the order to June 4, 2019 to allow Plaintiff an opportunity to establish indigence. The Court ordered Plaintiff to file a motion for fee waiver by May 15, 2019. Plaintiff filed a fee waiver application s...

Excerpt: ...(Civil Code §§ 56.10, 56.35); (2) Common Law Invasion of Privacy; (3) Disclosure of Improperly Maintained Personal Information (Civ. Code §§ 1798.18, 1798.45, 1798.48); (4) Defamation; (5) IIED; and (6) Conspiracy. Plaintiff alleges that he filed a medical malpractice action against Defendants that was arbitrated and that during the course of the proceeding he believed that his medical record had been altered. He alleged that Defendant Torres...

Excerpt: ...ditional Material Facts offered by plaintiff and/or which of the objections to evidence will be addressed at the hearing and the parties should be prepared to point to specific admissible evidence that is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Architecture for Education, Inc.'s (“A4E”) motion for summary adjudication of issues as against plaintiff Colusa County Office of Education (...

Excerpt: ...ute Order, Department 53, Feb. 22, 2019) The motion requested further responses and production of corresponding documents. The Court ordered Defendant Kia Motors America, Inc. ("Kia") to provide further responses by March 8, 2019. Plaintiff contends defendant did not produce code compliant responses as to any of the Requests for Production: 5, 7, 11, 12, 19, 22‐24, 26, 28, 31‐33, 35, 48, 49, 52, 53, 67, 72, 73, 76, 79, 80, 82, 83, 89,...

Excerpt: ...e addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant Swank Construction, Inc.'s (“Swank”) motion for summary adjudication is ruled upon as follows. Both parties' requests for judicial notice are granted. In taking judicial notice of these documents, the court accepts the fact of their existenc...

Excerpt: ... Plaintiffs Dina Padilla and Floyd Chodosh (collectively, “Plaintiffs”) is SUSTAINED with leave to amend as to the fifth, sixth, and seventh causes of action, and is SUSTAINED without leave to amend as to all other demurred‐to causes of action in the FAC. Request for Judicial Notice Plaintiffs' Request for Judicial Notice (“RJN”), which attaches an Audit of Commission on Judicial Performance by the California State Auditor, is GRANTED. ...

Excerpt: ...*** Defendants Dr. Buchanan, et al.'s demurrer to the Second Amended Complaint (“2AC”) of plaintiffs in pro per is ruled on as follows. Overview This case follows the death of Reverend Amaziah Altraide along with an initial lawsuit which was filed on 5/15/2017, with a judgment of dismissal being entered following the sustaining of a demurrer on 8/31/2017. The plaintiffs in the present action, which was filed on 5/18/2018, are the decedent's w...

Excerpt: ...erage dispute in which plaintiffs allege that defendants Security National and AmTrust North America had a duty to indemnify LaBarbera under an insurance policy issued to Knight. Moving defendants contend that documents attached to the Complaint, judicial admissions in plaintiff's Answer to the underlying personal injury case, and facts subject to judicial notice confirm that the policy did not cover LaBarbera for anything in the underlying lawsu...

Excerpt: ... Taylor Homes 1 and 2, Inc. (“FTH”) and Filomena “Helen” Taylor's (“Helen”) (collectively “Defendants”) demurrer to the First Amended Complaint (“1AC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 2.111(1). Factual Background In pertinent part, the 1AC alleges the elderly plaintiff “required…assistance and supervision 2...

Excerpt: ... plaintiff Brian Spears. Appearance is required on June 4, 2019. Plaintiff Brian Spears shall be available, by COURTCALL, to participate in oral argument on the continuance date. Defendant Dean Kratzer's (“Mr. Kratzer”) demurrer to self‐represented Plaintiff Brian Spears' Second Amended Complaint (“SAC”) is ruled upon as follows. Mr. Kratzer's request for judicial notice is granted. In this action Plaintiff's SAC, alleges causes of acti...

Excerpt: ...complaint, the only remaining causes of action are for violations of Civil Code § 2923.55, violations of Civil Code §§ 2923.6, 2923.7, 2924.11, 2924.18 and cancellation of documents (premised on the alleged statutory violations). Defendant's separate statement includes the following. Plaintiffs obtained a loan from Defendant in June 2005 and a loan modification in late 2013. In 2014 Plaintiffs became delinquent on the loan and Defendant sent t...

Excerpt: ...issue on the instant motion are Defendant's responses to Plaintiff's special interrogatories Nos. 10, 16, 20‐22, 24‐30, 32 and 34. In opposition Defendant asserts that the motion is moot as to special interrogatories 10, 16, 20, 21, 32, and 34. Defendant asserts that it agreed in the meet and confer process to supplement these responses to meet Plaintiff's concerns and that it was delayed in doing so due to a sudden medical leave of absence t...

Excerpt: ...s to Plaintiff's request for production Nos. 1, 3‐7, 21‐23, 25, 26, 28, 34, 39, 42 and 47. In opposition Defendant asserts that the motion is moot as to requests 4‐7, 21‐23, 25, 26, 28, 34, 39, 42, and 46‐47. Defendant asserts that it agreed in the meet and confer process to supplement these responses to meet Plaintiff's concerns and that it was delayed in doing so due to a sudden medical leave of absence taken by its counsel that was h...

Excerpt: ...endants Filomena Taylor Homes 1 and 2, Inc. (“FTH”) and Filomena “Helen” Taylor's (“Helen”) (collectively “Defendants”) motion to strike portions of the First Amended Complaint (“1AC”) is ruled on as follows. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Opposing counsel failed to comply with CRC Rule 2.111(1). Factual Background In pertinent part, the 1AC alleges the elderly plaintiff “requir...

Excerpt: ...to warranty, including, but not limited to, one or more faulty Takata airbags.” (Complaint, ¶ 10.) The Court notes that Plaintiff's motion fails to comply with CRC Rule 3.1345(d) which requires that the motion identify the specific interrogatories, demands, or requests by set and number. As a preliminary matter, the Court declines BMW's request to defer this matter pending a ruling on a future motion for summary judgment (that has not yet been...

Excerpt: ...g whether the parties have met their respective burdens of proof, courts construe the affidavits or declarations of the moving party strictly, resolving any doubts in the opposing party's favor. (Miller v. Bechtel Corp. (1983) 33 Cal. 3d 868, 874; Cortez v. Vogt (1997) 52 Cal. App. 4th 917, 925‐926; see also Salazar v. Southern Cal. Gas Co. (1997) 54 Cal. App. 4th 1370, 1376 [moving party's papers strictly construed, accepting as fact only thos...

Excerpt: ...ho are being treated at various hospitals throughout the State of Califomia. Beginning in or around 2006, Queen of the Valley Hospital ("QOV") in Napa, Califomia was designated as Plaintiffs permanent headquarters. QOV is located approximately twenty‐five minutes from Plaintiffs home, and throughout his employment Plaintiff regularly reported to QOV to perform his duties. However, since 2014 Plaintiff has been ordered to start his shift...

Excerpt: ... plaintiff's single conclusory allegation that all defendants abandoned the decedent, coupled with the single factual allegation regarding the doctor's telephone contact with the decedent, is not sufficient to state a claim of abandonment. The Court agrees. Leave is granted to amend this cause of action solely to state specific facts upon which plaintiff alleges that Dr. Gruenefeldt abandoned the care and treatment of decedent. Dr. Gruene...

Excerpt: ...atters. *** The demurrer of Defendants California Air Resources Board (CARB), California Environmental Protection Agency (CalEPA), Elizabeth Scheele (Scheele) and Terrel Ferreira (Ferreira) (collectively “Defendants”) to Plaintiff Christopher Newton's (Newton) First Amended Complaint (FAC) is SUSTAINED in part, with leave to amend, and OVERRULED in part. The motion to strike to the prayer for an award of punitive damages and prejudgment inter...

Excerpt: ...efendant served a Demand for IME for an examination conducted by Dr. June Paltzer, PH.D, a neuropsychologist ("Dr. Paltzer"). (Declaration of Kaveh Mirshafiel ("Mirshafiel Decl."), Ex. A.) The purpose of the exam was to “determin[e] the nature and extent of Plaintiff's claimed mental injuries and residuals thereto, and will consist of a standard neuropsychologist examination with history, past and present.” (Id.) Plaintiff agr...