Excerpt: ...arties must at the time oral argument is requested notify the clerk and opposing party of the specific causes of action that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** Both moving and opposing counsel failed to comply with CRC Rule 2.111(3). Opposing counsel failed to comply with CRC Rule 3.1113(d) and (e). Factual Backg...

Excerpt: ...th his vehicle. Plaintiff alleges that Defendant Wolfe was acting in the course and scope of his employment with Defendant Reliance Intermodal, Inc. at the time of the incident. At issue on this motion are Plaintiff's responses to Defendants' request for production (set two) nos. 20, 21, 28, 29 and 32. Nos. 20, 21 and 29 ask for documents related to Plaintiff's criminal history, incarceration and felony convictions. No. 28 asks for documents show...

Excerpt: ...ed by Local Rule 1.06. Moving counsel is directed to make reasonable efforts to contact Defendant and advise him of Local Rule 1.06, the Court's tentative ruling procedure, and the manner to request a hearing. If moving counsel is unable to contact Defendant prior to hearing, moving counsel is ordered to appear at the hearing by Zoom in the event Defendant appears without requesting a hearing pursuant to the Local Rules. Before final approval of ...

Excerpt: ...t fee levied upon building permit applicants to assist in covering costs for new and existing water supply infrastructure. Plaintiff alleges that the Zone 40 Fee is invalid under the California Constitution and the Mitigation Fee Act (Govt. Code §§ 66000, et seq.) because it is not limited to the reasonable cost of the service for which the fee is being imposed. Plaintiff alleges that Defendant has failed to prepare the necessary analysis and h...

Excerpt: ...In light of Plaintiff's stated intention to amend the complaint, and in the interests of efficiency and economy, the Court continued the hearing to today's date to allow Plaintiff time to amend the complaint rather than ruling on the demurrer. The parties were informed that the demurrer would remain on calendar in the event Plaintiff failed or elected not to file an amended complaint. Plaintiff did not file an amended complaint, nor did he file a...

Excerpt: ...pon as follows. Defendant argues the default should be set aside because he had no actual notice of the lawsuit against him until April of 2021, reasonably relied on his office staff to inform him of matters/documents coming into an office that he did not physically visit during the pandemic, and promptly sought assistance from counsel upon discovering that the clerk [had entered a default against him. Background According to the moving papers, M...

Excerpt: ...e used to legally distribute cannabis. SIGNAL filed its complaint on January 22, 2019, alleging the following six causes of action: (1) breach of written contract; (2) breach of covenant of good faith and fair dealing; (3) specific performance; (4) declaratory relief re: liability and damages; (5) declaratory relief re: liability for breach of contract; and (6) injunctive relief. SAMRA filed a Cross‐Complaint for declaratory relief on March 4, ...

Excerpt: ...ions to pay. Plaintiffs propounded RFP (set one) on CEE. At issue is RFP no. 1 which seeks “all invoices received by CEE related to the FACILITIES.” On 3/2/2021, Plaintiffs moved to compel CEE's further responses to request for production (set one). With respect to RFP no. 1, CEE responded: “Objection. This request is overbroad as to time and without reasonable limitation in its scope. Responding Party further objects on the grounds that th...

Excerpt: ...nd advise counsel of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact Plaintiffs' counsel prior to hearing, moving counsel is ordered to appear at the hearing via Zoom or by telephone. Defendant's request for judicial notice is granted. Defendant demurs to the first cause of action for retaliation for reporting sexual harassment on grounds that it does not state...

Excerpt: ...xchange of letters and/or emails fails to comply with the statutory mandate. Plaintiff's counsel is reminded that the meet‐and‐ confer requirements of Code of Civil Procedure §430.41 are not optional and s/he is required to participate in the meet‐andconfer efforts “in person or by telephone” even if s/he disagrees with the challenge to the pleading. Factual Background This is a personal injury action arising out of a trip‐and‐fall...

Excerpt: ...ies are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of demurrer does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the ...

Excerpt: ...money lent. (ROA 1.) When the moving party is the plaintiff, there is only one ground for a motion for judgment on the pleadings: “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. § 438(c)(1)(A).) The Court must disregard all controverted allegations in the complaint and accept all fa...

Excerpt: ...Defendant”) has exposed individuals to lead from its sale of the Brass Spinning Top(“Product” or “Covered Product”), sold by and through Amazon.com, Inc., and that the Brass Spinning Top was distributed and/or offered for sale in California. A true and correct copy of the Consent Judgment is attached as Exhibit A to the declaration of Richard Morin. On February 19, 2020, Plaintiff, pursuant to Health & Safety Code section 25249.7(d), ma...

Excerpt: ...cific discovery requests/document categories that will be addressed at the hearing. The parties are also reminded that pursuant to local rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide the correct address for Dept. 53/54. Factual Background This is a personal injury action arising out a March 2019 incident wherein defendant Reising's vehicle struck plaintiff Cosgrove while she wa...

Excerpt: ...r Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Local Rule 1.06 and the Court's tentative ruling procedure and the manner to request a hearing, along with the correct address for Dept. 53/54. If moving counsel is unable to contact opposing counsel prior to hearing, moving counsel is ordered to appear at the hearing by Zoom or by telephone. Factual Background This case involves 76 plaintiffs (40 adults a...

Excerpt: ...ecific allegations that will be addressed at the hearing. The parties are also reminded that pursuant to local Court rules, only limited oral argument is permitted on law and motion matters. *** The notice of motion does not provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for Dept. 53/54. Moving counsel is directed to contact opposing counsel and advise him/her of Loc...

Excerpt: ...Court will also consider Defendant's motion to strike. The notice of motion does not provide notice of the Court's tentative ruling system as required by Local Rule 1.06(D). Defendant's counsel is directed to immediately provide notice to Plaintiff's counsel of the tentative ruling system and to be available at the hearing, via Zoom video or audio, in the event Plaintiff's counsel appears without following the procedures set forth in Local Rule 1...

Excerpt: ...rts in California along with a brief and declaration filed by Ford in an action pending in the Southern District of California, is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence but not the truth of their contents. (See Professional Engineers v. Dept. of Transp. (1997) 15 Cal.4th 543, 590 (judicial notice of findings of fact does not mean that those findings are true); Steed v. Dept. of Consum...

Excerpt: ...t, Jesse Mendez; and Jesse Mendez, individually ("Plaintiffs') bring this action alleging elder abuse, violation of patient rights, and wrongful death. Defendant contends Olivia Mendez lacked the mental capacity to be her own responsible party when she was admitted to defendant's facility. Defendant contends Jesse Mendez executed an Agreement to Arbitration of Medical Malpractice Disputes and valid Agreement to Arbitration of Dispute Other than M...

Excerpt: ...as well as a statement of damages. (Owensby Decl. ¶ 5.) On January 23, 2020, plaintiff Mei Li's (“Plaintiff”) then counsel, Herman Franck, filed a motion for protective order, without filing any responses or objections to the outstanding written discovery requests. (Owensby Decl. ¶ 6.) On March 3, 2020, this Court entered an Order denying the motion for protective order and ordering Plaintiff to respond to Defendant's Special Interrogatorie...

Excerpt: ...ted. Plaintiff sues defendant for breach of oral contract, promissory estoppel, unjust enrichment, fraudulent inducement, and declaratory relief arising out of a judgment of the Sacramento County Family Law Court entered in 2007. Plaintiff alleges that by way of an oral agreement allegedly reached with Kelly in 2009, the entire unpaid portion of the Judgment was waived or forgiven. Plaintiff further seeks damages and injunctive relief precluding ...

Excerpt: ... Summons on March 5, 2020, indicating Defendant was served by mail and acknowledgment of receipt of service pursuant to CCP § 415.40. (ROA 27.) The Proof of Service indicates the Summons and Complaint was mailed to P.O Box 55, Normantown, West Virginia 25267. (ROA 27.) The date of mailing is not specified in the Proof of Service, but Defendant signed a return receipt indicating the date of delivery was September 27, 2019. (ROA 27, Exh. 1.) Defen...

Excerpt: ...for attorney's fees. CCP § 664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full o...

Excerpt: ...ief. Plaintiff alleges that its subsidiary entered into a transaction with CalSTRS in July 2018. (FAC ¶ 7.) Plaintiff alleges that Defendants have repeatedly claimed that Plaintiff owes them a fee that was due upon successful completion of the transaction equal to 1‐2% of the total investment obtained from CalSTRS as part of the transaction. (Id. ¶ 8.) Plaintiff seeks a declaration that any payment of fees to Defendants contingent upon comple...

Excerpt: ...ement. He alleges that his disability could have been accommodated by allowing him to wear his sidearm and equipment on a weight‐bearing vest instead of the traditional leather belt. Plaintiff took the deposition of Captain Matthew Stover (“Cpt. Stover”), his commander. At the deposition, Plaintiff's counsel asked Cpt. Stover the following question a number of times: “Can you think of any reason why it would not be reasonable for someone ...