Excerpt: ...tate facts sufficient to constitute a cause of action. The Court has adopted the following procedure for hearings in department 53 for self‐represented incarcerated parties. The clerk shall fax a copy of the tentative ruling to the litigation coordinator on or before the date of the scheduled hearing. The litigation coordinator shall provide the tentative ruling to plaintiffs within 48 hours of receiving it. The hearing date shall automatically...

Excerpt: ...‐ day period, as well as essential services disability coverage of $45.00 per week. Plaintiff alleges that on 7/2/2016, he was involved in rear‐end auto accident. As a result of the accident, he was disabled and unable to operate his 40 acre‐vineyard. Plaintiff alleges that USAA has refused to pay any wage earner disability payments and has made only partial payment of essential services disability benefit payments to Plaintiff. He alleges ...

Excerpt: ...rth below. Defendant's request for counter sanctions is denied as the circumstances make the imposition of sanctions unjust. This is a personal injury action arising from a vehicle collision. On September 21, 2018, plaintiffs served notice of taking the deposition of defendant Carson, and a request to produce documents. The deposition was scheduled to proceed on October 9, 2018. Defendant served an objection on September 25 and 26, 2018. The obje...

Excerpt: ...missions. Plaintiff's alternative motion to impose evidence sanctions on Mr. Avdalas prohibiting him from supporting his denials of the allegations in NCCS's complaint and from supporting any of his twenty‐five affirmative defenses at trial is also denied at this time. Plaintiff's Request for Judicial Notice is granted. NCCS previously filed two motions for terminating sanctions for Mr. Avdalas's failure to obey Court orders reg...

Excerpt: ... 12, 14, 23 (both objections), 28, 29, and 30. Declaration of Alan Hersh Ex 46: Sustained ¶ 6, 8. Overruled ¶ 13. Declaration David Mastro Ex 47: Sustained ¶ 12 Overruled ¶ 4, 8. Declaration of Roger Ex. 53: Sustained Declaration of Ying Xiong Ex 54: Sustained. Declaration of Robert Lauri Ex. 55: Sustained Declaration of Declaration of Mike Cortright Ex 57: Sustained. Declaration of Burk Ex 58: Sustained. Declaration of Hosokawa Ex. 59: Susta...

Excerpt: ...multiple common counts, seeking damages in the amount of $22,842.29, and related relief. Defendant filed an unverified general denial setting forth several facts alleged to constitute affirmative defenses, including accord and satisfaction, bar of an arbitration clause, payment, setoff and violations of the Fair Debt Collection Practices act. WFB subsequently brought a discovery motion seeking to have specified requests for admissions to be deeme...

Excerpt: ...ck a parked vehicle in which Plaintiff Kent Taylor was sleeping. The vehicle driven by John Fabisiak was insured by defendant GEICO under its policy with Wannee Fabisiak, who was a passenger in the vehicle that struck Mr. Taylor parked car. In a handwritten complaint, utilizing Judicial Council form PLD‐PI‐001, Mr. Taylor has sued John Fabisiak, Wannee Fabisiak, and GEICO. The handwritten complaint is at times very difficult to read. Nonethel...

Excerpt: ...lic property and negligence. He alleges that the City created a dangerous condition by failing to provide overhead street lighting or failed to maintain, inspect and repair an inoperable overhead street light. In ruling on the demurrer to the Original Complaint, the Court ruled as follows: The demurrer is sustained with leave to amend for failure to state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) With respect to the fi...

Excerpt: ...ourt notes, however, that the taking of judicial notice of the official acts of a governmental entity does not in and of itself requires acceptance of the truth of factual matters that might be deduced therefrom, since in many instances what is being noticed, and thereby established, is no more than the existence of such acts and not, without further supporting evidence, what might be factually associated with or flow therefrom. Such being the ca...

Excerpt: ...n October 2017. In the 1AC plaintiff alleges he was rear‐ended by a truck, causing his vehicle then to strike the one in front. After the accident plaintiff contacted his insurer to make a claim under the uninsured motorist provision for his policy. The insurer subsequently took a recorded statement from its insured and is alleged to have “made an internal decision that Plaintiff was liable for causing the accident.” Plaintiff retained coun...

Excerpt: ...cal system, transmission, and powertrain. Plaintiffs seek to compel Defendant FCA US to provide further responses to certain requests for production (set one), as follows: Nos. 1, 7, 13, 20, 21, 30‐35, 50‐53, and 73. In general, the requests at issue pertain to three main categories of documents: (1) documents that refer or relate to vehicles sold by FCA US of the same year, make and model (Nos. 20, 21, and 30‐35); (2) documents that refer ...

Excerpt: ...tiff, the real property was owned by decedent Floyd E. May. In May 2017, Plaintiff responded to an ad on Craigslist to purchase the house. Plaintiff alleges that she entered a written agreement to buy the property in June 2017, paying someone named Tim Campos at Equity Property Management in Las Vegas $15,000 for the purchase. Equity Property Management was the ostensible settlor of Mr. May's estate. According to the terms of the purchase contrac...

Excerpt: ...10 or CRC Rule 3.1110(a) and does not provide the correct address for Dept. 53/54. Although the notice of motion provided notice of the Court's tentative ruling system as required by Local Rule 1.06(D), the notice does not comply with that rule. Moving party is directed to review the Local Rules, effective 1/1/2019. The proof of service filed on 4/9/2019 fails to comply with Code of Civil Procedure §1013a, requiring the “exact title” of each...

Excerpt: ...fices of Mark R. Swartz, a corporation, (Swartz Law Firm) (collectively “Defendants") to strike the complaint pursuant to CCP § 425.16 is GRANTED in part and DENIED in part. In the future, defense counsel is directed to file any request for judicial notice separately from other documents. (See CRC 3.1113(l).) Overview This is a workers' compensation insurer's action for damages and imposition of a constructive trust after an insured's empl...

Excerpt: ... in finding substitute counsel due to Mr. Watts apparently placing a lien on any settlement or verdict proceeds that Plaintiff ultimately may realize. Plaintiff's Opposition provides greater detail than the moving papers, alleging actions by Mr. Watts that she contends violate the Rules of Professional Conduct. That said, Plaintiff also seemingly affirms Mr. Watts' representation that a substantial breakdown in communications between clie...

Excerpt: ... the clerk and opposing counsel of the specific issues identified below and/or objections to evidence that will be addressed at the hearing. Counsel are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** Defendants' counsel failed to comply with CRC Rule 3.1113(f). Factual Background This action arises out of a 2017 Inventory Security Agreement and Power of Attorney (“ISAPA”) bet...

Excerpt: ...han the notice, no other documents were filed in opposition, including a memorandum of points and authorities. Therefore, the motion is unopposed. Defendant's request for judicial notice of documents in the Court file is granted. Plaintiffs filed a proof of service on February 19, 2019, indicating Defendant was personally served on February 14, 2019. (ROA 70.) At the outset the proof of service is problematic as Plaintiffs used the incorrect proo...

Excerpt: ...cts asserted in every document of a court file, including pleadings and affidavits. However, a court cannot take judicial notice of hearsay allegations as being true, just because they are part of a court record or file. A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgme...

Excerpt: ...tion. Plaintiff contends its complaint is sufficient to state a valid cause of action against Defendant whose answer not only admits all allegations in the complaint but also fails to plead facts which constitute any defense to the complaint. The Court agrees. The complaint states facts sufficient to establish that Defendant is indebted to Plaintiff. However, the answer filed by Defendant fails to deny any of the complaint's allegations and s...

Excerpt: ...cramento, California (the “Property”). In September 2017, Plaintiff entered into a Real Estate Purchase Agreement to purchase the Property from co‐defendant, Alexis Tillman (the seller). Moving Defendants were the real estate broker/agent for Plaintiff (selling agent). Ms. Tillman had her own real estate broker/agent (listing agent). After the close of escrow, Plaintiff claims to have discovered for the first time that the Property was encu...

Excerpt: ...matters. *** Defendant Department of Fish & Wildlife and Tina Bartlett's ("Bartlett") (collectively “DFW”) demurrer to Plaintiffs' first amended complaint (“FAC”) is ruled upon as follows. DFW's request for judicial notice is GRANTED. Plaintiffs' opposition exceeds the 15 page maximum in violation of CRC Rule 3.1113 (d). They did not obtain permission to file a longer memorandum. (CRC Rule 3.1113 (e).) Plaintiffs also fail to incl...

Excerpt: ...nds that a misdiagnosis of cancer in her left breast was caused by contamination of her breast biopsy specimen with tissue from an unrelated patient, and resulted in an unnecessary bilateral mastectomy. Mercy San Juan Medical Center contends that there is no disputed issue of fact that Dignity Health employees at Mercy San Juan Medical Center had any causal connection with the contamination of plaintiff's biopsy sample. Plaintiff Berry does n...

Excerpt: ...f each month beginning 2/30/2018 (sic). Defendant made the first payment but no subsequent payments. The agreement also stated the judgment would include any court required fees or motion fees. Plaintiff incurred a first appearance fee in the amount of $225 that it was required to pay for defendant when the stipulation was filed, as well as this $60 motion fee. (Declaration of Karayan) Pursuant to CCP § 664.6, “[i]f parties to pending litigati...

Excerpt: ...denied as to the declarations in opposition to the MSJ and in opposition to IP's discovery requests. IP's Request for Judicial Notice is granted as to the Cross‐complaint. The motion is denied as to the deposition testimony and discovery responses. This case arises out of a non‐payment dispute for materials provided to a public works construction project. In 2015, the State of California, Department of Transportation ("Caltrans...

Excerpt: ...tiff's complaint is merely a cut and paste of other Complaints that were held to be deficient at the demurrer stage are irrelevant to this court's independent determination as to whether plaintiff states a cause of action in this Complaint. Plaintiff's Objection to the Request for Judicial Notice is sustained. Plaintiff has filed this wage and hour putative class action Complaint on behalf of "[a]ll current and former hourly‐pai...