Excerpt: ...otion For Summary Judgment, Per Section 473b Code of Civil Procedure GRANTED in part. The Court will consider Defendants' late‐filed reply brief, but will not consider the voluminous additional documentary evidence improperly included with that brief, which Defendants' counsel's declaration fails to explain or justify. "The general rule of motion practice, which applies here, is that new evidence is not permitted with reply pape...

Excerpt: ...iff's Complaint alleged on December 4, 2017, Defendant held a press conference where she publicly and falsely accused Plaintiff of sexual assault at a pre‐wedding party on January 16, 2016, in a hotel suite bathroom in Las Vegas. Plaintiff also alleged Defendant defamed him in a report she filed with the California State Assembly on the same day, in which she made similar false statements. On October 23, 2018, Defendant filed a special motion t...

Excerpt: ...e, when Arreola was negotiating a right‐hand curve at approximately 30 mph. He observed an object or animal on the roadway and made a turning movement to the left and braked to avoid it. The turning movement took him into the dirt and gravel shoulder and the car collided with a tree. Plaintiff filed the action against Arreola on 12/14/2015. On 11/6/2014, Plaintiff was in a car accident with Jessica Williams (“Williams”). Plaintiff was drivi...

Excerpt: ...d complaint. The proof of service states that defendant Joyce Levels was personally served with the summons and complaint by the registered process server on June 28, 2018 at 6:42 p.m. Default and default judgment were entered September 27, 2018. There is, as of yet, no notice of entry of judgment in the court's electronic file, CCMS. Both defendant and her husband have submitted declarations stating that defendant was not personally served b...

Excerpt: ...Request for Admissions, Set One and Form Interrogatories, Set One. (Jagannath Decl. ¶9.) In pertinent part, CCP 2033.280 states: "If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product..." Because the response...

Excerpt: ... Defendant's counsel is unable to contact Plaintiff's counsel prior to the hearing, Defendant's counsel shall be available at the hearing, in person or by telephone, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1.06(B). Defendant's motion for an order compelling further responses to Defendant's special interrogatories, set one (“SIs”) and request for production of documents, set one (“RFP...

Excerpt: ...is a pregnancy discrimination action arising out of Plaintiff Brook Huangs' (“Plaintiff”) employment with Defendant. Plaintiff was hired by Defendant around September 2013, after Defendant acquired Golden State Collision (“GSC”). At the time of the acquisition, Plaintiff worked for GSC. Before the acquisition closed, a group of Defendant's employees visited the GSC location where Plaintiff worked and offered the GSC employees the opportun...

Excerpt: ...arding mandatory workers compensation insurance provided to defendant. On February 28, 2019, the Court granted Shutter Source's motion to file an Amended Answer to include the 24th affirmative defense, asserting "Fraud". (See Minute Order Department 53, February 28, 2019.) Plaintiff seeks the sanction of striking the Twenty‐Fourth affirmative defense of "Fraud, Deceit or Misrepresentation" alleged in defendant The Shutter So...

Excerpt: ...aproxen) while in custody at the Sacramento County Jail in November 2017. Plaintiff declined to take the medication believing he had an adverse reaction in 2013. (See Plaintiffs Exh. A p. 2, attached to 3 Complaint.) Plaintiff was released from custody a few hours after being offered the Naprosyn by Dr. Drennan. (See Plaintiffs Exh. B p. 1, attached to Complaint.) A previously filed action initiated by Plaintiff Alston was against the same County...

Excerpt: ... was ordered to serve further responses to Defendant's form and special interrogatories and requests for admissions (sets one) by March 21, 2019. Defendant seeks terminating sanctions only on the basis that Plaintiff has not provided the Court ordered further responses. No lesser sanction was requested. For misuse of the discovery process, including as is the case here, disobeying a court order to provide discovery, the Court may impose a termina...

Excerpt: ...ng the subject property and failing to warn of a dangerous condition on the property. Defendant now moves for summary judgment. Defendant's separate statement includes the following. On April 13, 2017, Plaintiff attended a gathering at a rural residential property located at 41490 South River Road in Courtland. Plaintiff had been to the property on previous occasions and was an experienced ATV rider. Plaintiff was injured while riding her ATV at ...

Excerpt: ... plaintiffs seek an order compelling non‐parties' compliance with subpoenas. To add to the confusion, the notice of motion by its own terms indicates that plaintiffs are seeking an order compelling compliance with only a singular subpoena, while the moving papers elsewhere suggest plaintiffs are actually seeking to compel compliance with several subpoenas. Moreover, for unknown reasons, the notice of motion does not identify by name those non�...

Excerpt: ... was filed in early 2017. The original trial date of 4/22/2019 was recently continued by stipulation and order to 9/23/2019. Moving defendants seek to file a cross‐complaint for indemnity against not only the other defendants but also one new party which is alleged to have expressly agreed to indemnify moving defendants. Plaintiff opposes. Although plaintiff is correct that the proposed indemnity cross‐complaint is not compulsory but rather i...

Excerpt: ..."Lease"). Defendant OM Fitness, LLC ("OM") is the guarantor of PFLLC's obligations under the Lease. PFLLC ceased paying rent on October 1, 2018 and has paid no rent since then. (Declaration of Frederick Vitt (“Vitt Decl.”), ¶ 2.) In November 2018, Plaintiff filed its first action against PFLLC and OM. (Sacramento Superior Court, Case No. 34‐2018‐ 00244607.) In December 2018, Department 53 granted Plaintiff's writ ...

Excerpt: ...r this motion. The notation in the margin of the petition states "NO $." Failure to pay the filing fee is grounds for dropping the petition. A motion is void for failure pay the filing fee. (See, e.g. Gov't Code sec 70600 et. seq.; CCP § 411.20; Hu v. Silgan Containers Corp., (1999) 70 Cal. App. 4th 1261.) Accordingly, the Court rules on the motion as follows, provided that the filing fee is paid at or prior to the hearing. If the fi...

Excerpt: ...intiff Smith as a passenger, and the ATV flipped and plaintiff was injured. In analyzing the request for punitive damages, the Court relies on Peterson v Superior Court ((1982) 31 Cal.3d. 147), where the California Supreme Court stated “the law in California had evolved in the area of punitive damages to the point where a finding of defendant's conscious disregard of the safety or rights of others would support an award of punitive damages.” ...

Excerpt: ..., very minimal, and Trilogy was often dismissed from construction defect suits for waiver of costs or with payment of very little money. But Navigators directed its attorneys to avoid vigorously defending Trilogy and to try to use money Trilogy would have to reimburse to resolve claims. This created circumstances where other law firms Navigators selected were subject to conflicts of interest, often receiving conflicting instructions from their cl...

Excerpt: ...0. (Dale Decl., Exh. 1 at §§ II(F), III(1).) The parties executed the Settlement Agreement on or around May 2018. (Dale Decl., Exh. 1 at pg. 12.) In the Settlement Agreement the parties agreed: (1) to resolve the PAGA claims of all persons employed by Defendant in nonexempt positions in Defendant's California‐based warehouses as of August 7, 2016; (2) provide approximately $118,102.83 in net settlement payments to the Aggrieved Employees; (3)...

Excerpt: ...e documents, the court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep't of Transp. (1997) 15 Cal.4th 543, 590; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121.) Overview This case follows entry of a money judgment in Solano County Superior Court against plaintiff herein Arthur Scott Dockter (“Dockter”) in 1998. In his first amended complaint (“FAC”), D...

Excerpt: ...3, 2018 (ROA 167). Four weeks later, the attorneys for the parties (but not the parties themselves) stipulated to class-wide arbitration based on the representation that most of the putative class members had signed arbitration agreements. The stipulation (ROA 170) provided for arbitration of all “disputes arising from or related to the facts pleaded in the Complaint,” and gave no indication that the role of the arbitrator would be to approve...

Excerpt: ... also sought orders compelling responses to interrogatories and document requests. That part of these motions was put over to the present date, with an invitation for each moving defendant to file and serve a supplemental statement explaining which (if any) of these other discovery responses are still genuinely needed, in light of the order deeming matters admitted. Incense Specialties has filed the supplemental statement invited in the Court's r...

Excerpt: ...responses to requests for production, set one, numbers 1, 10, and 11 on April 15, 2019. The motion was filed on April 12, 2019. Service of responses after the motion was filed does not moot the motion, even if Plaintiff did not receive a copy of the motion until April 17, 2019. Defendant is still entitled to an order. To be clear, a motion is "made" when it is filed and served. (CCP § 1005.5.) At the time the motion was filed Plaintiff h...

Excerpt: ... participate. As was discussed at the recent CMC, although the complaint identifies the Estate as the plaintiff, there is neither the identification of any actual person who is the representative of the Estate, nor any probate order designating anyone as such representative. There also is no allegation of any survivors purporting to bring a wrongful death action on their own behalfs. The Court gathers that the person(s) who arranged for counsel t...

Excerpt: ...sed the car in 2013, and (according to his suit) he encountered a long train of significant problems with it. He demanded repurchase in February 2016, and filed this suit in March 2016. More than two years later, in July 2018, defendant served a notice of inspection of the vehicle. After some initial scheduling discussion, plaintiff's counsel informed defendant's counsel in September 2018 that plaintiff had sold the car and thus couldn't produce ...

Excerpt: ...tow Sheppart Wayte & Carruth Llp Tentative Ruling: The Court has read and considered defendants' “Motion for Summary Judgement [sic]/Summary Adjudication” filed April 2, 2019. Code of Civil Procedure section 473c(b)(1) requires that: The supporting papers shall include a separate statement setting forth plainly and concisely all material facts that the moving party contends are undisputed. Each of the material facts stated shall be followed b...