Excerpt: ...lleges Defendant knew of the vehicle's oil consumption engine defect, yet failed to repurchase Plaintiff's vehicle. Plaintiff now seeks leave to add a claim for fraud by omission under California common law. Plaintiff contends the fraud claim arises from the same nucleus of operative facts. Plaintiff states this analogous claim alleges Defendant knew of the alleged oil consumption engine defect, yet failed to disclose the defect to Plaintiff at t...

Excerpt: ...a legal conclusion, etc., are overruled because objections are properly directed solely at “evidence.” (See CRC Rules 3.1352, 3.1354.) The Court need not rule and does not rule on Defendant's objections to evidence submitted on reply. (See Code Civ. Proc. 437c(q).) Factual and Procedural Background In this putative class action, plaintiffs Muhammad Chaudhry and Abeda Chaudhry (collectively, “Plaintiffs”) claim they purchased lamb meat...

Excerpt: ...es, Inc. (1998) 64 Cal. App. 4th 1252, 1255. A court may not grant summary judgment, except to a party moving for such relief and complying with all of the requirements of section 437c. Id. at p. 1254. Moving party served the motion by mail on December 6, 2018, which is 75 days before the February 19, 2019, hearing date. Absent stipulation of the parties, this is insufficient notice under Code of Civil Procedure section 437c(a), which requires no...

Excerpt: ...th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120‐121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice.”]; Sosinsky v. Grant...

Excerpt: ...pp. 4th 1548. While a court may take judicial notice of the existence of any document in a court file, it cannot judicially notice the truth of facts asserted in the document. (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121.) For example, courts cannot take judicial notice of the truth of statements in transcripts or declarations even though they are part of the trial court record. (Sosinsky, supra, 6 Cal.App.4th at p. 15...

Excerpt: ...mber 14, 2018, to take place on January 7, 2019. Eskaton served objections on January 2, 2019 and, thereafter, the parties began the meet and confer process. Plaintiffs state they met and conferred with Eskaton's counsel on January 11th, 15th, 22nd, and 23rd. On January 23, 2019, Eskaton presented February 25th as a date for Mr. Fife's deposition, but stated he may not be available because of an upcoming facility survey by the state. Plai...

Excerpt: ...by a piece of broken glass that was in the landscape bark. After surgery on her Achilles tendon, Plaintiff developed a pulmonary embolism. In support of the motion, Wal‐Mart contends that plaintiff's injury was not foreseeable as a matter of law, therefore no duty was owed to plaintiff to maintain the planter area in a safe condition [e.g. sans glass shards]. Walmart presents the following facts in its separate statement: On September 4, 20...

Excerpt: ... (collectively “Plaintiffs”). Wyatt describes himself as an independent contractor who suffered severe electrical shock after he reset a breaker on a dangerously defective electrical panel. Plaintiffs fault Fire Industries and others for their injuries. Fire Industries' cross‐complaint contains causes of action for equitable indemnity, contribution and “apportionment of fault.” Fire Industries identified KW as Roe CrossDefendant No. 2. ...

Excerpt: ...in part. On November 19, 2018, Defendant filed the instant “Renewed” Motion for Summary Adjudication. Defendant's Notice of Motion states that this “Renewed” Motion for Summary Adjudication is filed pursuant to Code of Civil Procedure § 437c(f)(2) and § 1008(b). Legal Standards “[A] party is prohibited from making, and the trial court from granting, a motion for reconsideration unless the requirements of [Code of Civil Procedure] sect...

Excerpt: ...f issues is DENIED. DGS' counsel, Bart E. Hightower, is advised in the future not to file or lodge volumes of exhibits without exhibit tabs that protrude from the bottom of the exhibits. (CRC 3.1110(f)(3).) Overview This case presents an employment dispute. The plaintiff is Terry Bailey (“Bailey” or “Plaintiff”). Bailey identifies as African‐American and homosexual. (First Am. Compl. (FAC), ¶ 14.) Bailey has served DGS as a custodian s...

Excerpt: ...ober 5, 2018, the Court granted Defendant Economic Development Department's (“EDD”) motion to compel Plaintiff's responses to discovery and deemed requests for admission admitted. Prior to that hearing, plaintiff served a late opposition that was not considered by the court. On December 7, 2018, the Court denied the EDD's motion for terminating sanctions based on Plaintiff's failure to provide the court ordered discovery, finding that such re...

Excerpt: ... allegations of unfair competition. The trial date is 6/17/19, and the last day to notice a motion for summary judgment is 3/01/19. (See Reply at 1:8‐9.) On 6/22/18, Defendants served notices of Plaintiffs' depositions, and the depositions were to take place at defense counsel's San Francisco offices on 7/16/18 and 7/17/18, respectively. (See Julian Decl., ¶ 5 & Exhs. 1‐2.) Plaintiffs did not serve written objections. (Id., ¶ 5.) After defe...

Excerpt: ...n order compelling further responses to special interrogatories and document requests is GRANTED in part and DENIED in part. Overview In a prior discovery order, the court summarized the action as follows: “Mastagni is suing Defendant Ellis Law Group, LLP ('Ellis' or 'Defendant') for breach of contract. Mastagni's key allegations are: Plaintiff and Defendant associated as co‐counsel in connection with a workers compensation cl...

Excerpt: ..., 2018 and now rules as follows: After taking this matter under submission on December 18, 2018, the Court determined that further briefing was necessary to ensure all the evidence in support of the motion was in admissible form. Plaintiff's additional briefing inexplicably contains no declarations or other admissible evidence. Plaintiff's Request for Judicial Notice filed January 25, 2019 is granted only as to the existence of the points...

Excerpt: ...was served by substituted service on October 30, 2011 at 975 Fulton Ave. Apt 488, Sacramento CA, 95825 by leaving a copy of the summons and complaint with a "John Doe." Default and default judgment were entered July 31, 2012. Defendant states he has never lived at this address nor received mail at this address. He states that he lived at 617 26th St. Apt. 4, Sacramento, CA 95816, which averment is supported by his bank records from the sa...

Excerpt: ...at Petitioner failed to timely and "formally" institute arbitration proceedings within two years of the accident date. Insurance Code §11580.2(f) requires that an uninsured motorist policy contain a provision requiring arbitration by a single neutral arbitrator. The Court shall order the parties to arbitrate a controversy “if it determines that an agreement to arbitrate the controversy exists…” (CCP § 1281.2.) Further, CCP § 1281...

Excerpt: ...sued a citation against Respondent for unpaid minimum wages, unpaid overtime wages, statutory liquidated damages, and penalties in the amount of $903,085.32. (Locker Decl. ¶ 2, Exh. A) The citation covered the period of time between July 1, 2014 and March 15, 2017. Respondent filed a notice of appeal of the citation pursuant to Labor Code § 1197.1 The hearing was scheduled for January 22, 2019, but has been postponed to allow for the instant mo...

Excerpt: ...ng Papers. Defendants insist that in light of their express admission of liability for the subject accident and defendant Turner's “complete lack of knowledge or information whatsoever with respect to plaintiff's claimed damages,” there is no legitimate reason for plaintiff to persist in her efforts to depose defendant Turner and going so far as to subpoena him. According to defendants, their admission of liability “renders moot all issues ...

Excerpt: ...33.280(c).) The court acknowledges plaintiff's contention that some of defendant C4 Connections, LLC's responses to the requests for admissions fail to indicate a “reasonably inquiry” was made but this failure alone does not warrant an order deeming the admissions admitted and notably, plaintiff here has not filed a motion to compel further responses pursuant to Code of Civil Procedure §2033.290 in which he could have challenged this alleged...

Excerpt: ...efendant shall serve verified further responses to Plaintiffs' request for production of documents (set two) as requested in the moving papers. Plaintiffs' request for monetary sanctions is granted.. The Court awards sanctions of $660 ($300/hr x 2 hrs + $60 filing fee) to Plaintiffs from Defendant. While Defendant did not oppose the motion Plaintiffs have been forced to file numerous discovery motions over the past few weeks, none of which Defend...

Excerpt: ...n matters. *** Defendant Nationwide Mutual Insurance Company's (“NMI”) motion to compel plaintiff Starks' further responses to Special Interrogatories and Form Interrogatory 17.1 is GRANTED IN PART and DENIED IN PART, as follows. The notice of motion does not provide notice of the court's tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and th...

Excerpt: ...and special interrogatories on 1/26/2018 and the latter subsequently obtained an extension which expired on 3/30/2018. Unverified responses to the interrogatories were served on 9/28/2018 and verified responses were served on 11/5/2018. On 12/6/2018 plaintiff sent a meet‐and‐confer letter which by its own terms was limited to the fact that defendant's responses impermissibly included objections which were previously waived by virtue of defend...

Excerpt: ...I. Plaintiff brings these claims as a representative action under the California Private Attorneys General Act ("PAGA"), Cal. Labor Code §§2698, et seq.. Plaintiff contends that under the case of Iskanian v. CLS Transp. Los Angeles, LLC, 59 Cal. 4th 348 (2014) all claims asserted in the FAC seek PAGA penalties only and are therefore not subject to arbitration. Defendant contends Plaintiff's Complaint seeks not only the civil penalti...

Excerpt: ... his complaint on 6/12/2017, and a first amended complaint on 10/22/2018. Plaintiff alleges that he joined the basketball team in September 2015. During practice, at huddles and conferences on the basketball court, Kayden N. and defendant coach Stephen Bunch (“Bunch”) would not only, condone, encourage, and allow, but actually also authorize, encourage, and "join in on", and openly engage in such sexual banter. He alleges that on Febr...

Excerpt: ...010, Nagra was no longer able to make the mortgage payments and the property was in foreclosure proceedings. The property was listed for short sale and was purchased by plaintiffs Tony Singh and Jajur Singh for $150,000. Title was taken in the name of plaintiff, Diljit Kaur, on September 10, 2010. A Note was executed on September 8, 2010, in which Reshna Kaur, Nagra's daughter, agreed to repay the $150,000 in monthly installments of $1,000 for a ...