Excerpt: ...f moving defendant's 55 Undisputed Material Facts identified in the moving separate statement and/or which objections to evidence will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** SMC's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ...red. The opposition also fails to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). Factual Background This action arises out of plaintiff's employment with defendant CALPIA. Plaintiff's 1AC purports to assert four causes of action. The first three are brought pursuant to the FEHA and include claims for discrimination based on gender, for discrimination based on national origin and for retaliation. The final cause of action is also for r...

Excerpt: ... a 7‐Eleven store operated by defendant Sahota at 5579 Mack Road, the decedent encountered near his bicycle “two violent, armed, [sic] criminals” (i.e., defendants Hunter and Chaney) who shot the youth “multiple times.” Plaintiff, the mother of the decedent, alleges in Paragraph 13 that “Defendants generally possess, owned, leased, operated, managed, maintained, repaired, inspected, and/or otherwise controlled the business located at ...

Excerpt: ...iew This is partially a legal malpractice case related to a decedent's estate. Plaintiff alleges that Defendant “undertook probate, accounting, tax and estate work for Mertes as executor of the Decedent's Estate . . . .” (Second Amended Complaint (“SAC”) ¶ 64.) Plaintiff further alleges that Defendant was “well aware that a timely federal Estate Tax Return (Form 706) needed to be filed for the Estate of the Decedent in order to preserv...

Excerpt: ...le to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and The Permanente Medical Group, Inc.'s (collectively “Defendants”) demurrer to Plaintiff Polina Seeger's (“Plaintiff�...

Excerpt: ...er 30, 2021. Plaintiff Rodney Andrews did not file or serve his Opposition until January 5, 2022 ‐ one day before Defendants' Reply was due. (ROA 34.) On Reply, Defendants object to the late‐filed Opposition, argue they did not receive the Opposition until 4:25 p.m. the day before the Reply was due, and argue the Opposition should not be considered. Defendants cite to Rancho Mirage Country Club Homeowners Ass'n v. Hazelbaker (2016) 2 Cal.App....

Excerpt: ...perty damages sustained by its insured and insured's passenger in an April 23, 2016, car accident. Defendant was personally served with the Summons and Complaint on December 24, 2018. (ROA 5.) Defendant does not dispute she was personally served. Default was entered against Defendant on January 28, 2019. (ROA 8.) On March 23, 2019, Plaintiff's counsel sent Defendant a letter informing her default had been entered. (Weissman Decl. ¶ 6.) Default j...

Excerpt: ...Decl. ¶ 3, Exh. 1.) Plaintiff served her response on August 20, 2021, in which she made a demand that Defendants deliver to Plaintiff within 30 days a copy of the Report pursuant to CCP § 2032.610. (Cherny Decl. ¶ 4, Exh. 2.) Defense physician Edward W. Younger, III, M.D., examined Plaintiff on September 8, 2021. (Cherny Decl. ¶ 5.) Dr. Younger's report was due to Plaintiff on September 20, 2021 (30 days after service of the demand). Defendan...

Excerpt: ...or. Plaintiff filed his Complaint for negligence, negligence per se, and failure to warn against Smith Development on August 21, 2019. Smith Development now moves for summary judgment on the ground that pursuant to Privette v. Superior Court, as the hirer of an independent contractor, Smith Development cannot be liable for an injury to an employee of that contractor as a matter of law. Further, the independent contractor, San Joaquin Drywall, had...

Excerpt: ...ployee of the City's Department of Utilities (“DOU”). Plaintiff worked for the City in the 1990's, and resigned in the early 2000's. He was rehired in April of 2011 as a Sewer Service worker. This action arises from conduct that allegedly occurred during Plaintiff's second term of employment with the City. Plaintiff, a man over the age of 40, claims he suffered both harassment and discrimination on account of his age, and discrimination and r...

Excerpt: ...NTED. Pursuant to Code of Civil Procedure § 583.210, "the summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed." (Code Civ. Proc. § 583.210(a).) If service is not completed upon a party within the three years, "the action shall not be further prosecuted and no further proceeding...

Excerpt: ...ynarcik, Scott and Metzka. In 2010 a judgment of nearly $1.35 Million was entered against the defendants but it was later amended to over $1.58 Million. Shortly thereafter Pahrump 161 LLC filed for Chapter 7 bankruptcy protection in Nevada. In late 2010 the original judgment creditors sought to have the amended Nevada judgment domesticated here in California and despite being personally served with this 2010 application to domesticate the amended...

Excerpt: ...ty of the specific discovery requests 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. *** Factual Background This lawsuit arises out a variety of disputes relating to numerous real estate investments plaintiffs made with defendants dating back to 2012. Plaintiffs describe defendants as real estate professionals claiming to have de...

Excerpt: ...and the manner to request a hearing. 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. The notice of motion also does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). Overview This action arises out of an alleged business venture relating to the cultivation cannabis in Mendocino County, California. Disputes among the involved p...

Excerpt: ... by Local Rule 1.06. 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. 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. *** If oral argument is requested, the parties must at the time oral argument is requested notify the cler...

Excerpt: ...ing procedure. If counsel for moving party is unable to contact counsel for opposing party prior to hearing, counsel for moving party shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 1.06(B). Plaintiff Fidel Cruz's motion to approve Private Attorneys General Act (“PAGA”) settlement is UNOPPOSED and ruled upon as follows. This is a wage an...

Excerpt: ...in, the Court must still hold a hearing on the motion as it may involve the receipt of evidence or an appearance by a Class Member. Although the Court anticipates that no party will request oral argument, and while no class member indicated any intent to appear at the hearing, this does not relieve the parties from appearing at the hearing or otherwise render the instant ruling final in the event oral argument is not requested. The Court will not...

Excerpt: ...ively “Plaintiffs”) Third Amended Complaint (“TAC”) is ruled upon as follows. Moving Defendants' request for judicial notice of various recorded documents related to the Deed of Trust and foreclosure proceedings, Bankruptcy Court orders, and this Court's docket is granted. Lack of Service on Plaintiff Joseph F.P. Ramos The proof of service filed for CMS's demurrer and concurrently filed motion to strike state that the moving papers for bo...

Excerpt: ...f fees in order to retain an attorney for this litigation. However, there is no general legal right to counsel in civil suits like this one filed by plaintiff. Factual Background Plaintiff in pro per, an inmate at a correctional facility in Tehachapi, California, commenced this lawsuit on 3/8/2021, purporting to assert causes of action for “fraud,” gross negligence, “takings clause” and dependent adult abuse/neglect against the California...

Excerpt: ...o‐defendant Sunrise Shoes and Pedorthic Service Corporation (“Sunrise”) with the Lease to expire on August 31, 2016. Plaintiff alleges that Tu and other co‐defendants entered into a written Guaranty of Lease Agreement where they agreed to be liable for all of Sunrise's payments and obligations under the Lease. Sunrise, Tu, and the other codefendants are collectively referred to herein as “Defendants.” Sunrise and Plaintiff entered int...

Excerpt: ...defendant's 10 Undisputed Material Facts and/or objections to evidence and which of plaintiff's 17 Additional Material Facts will be addressed at the hearing. The parties should be prepared to point to specific admissible evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** District's counsel failed to comply with CRC Rule 3.1350(b), requiring that issues presented for summary adjudication be...

Excerpt: ...ghout the United States. Plaintiff is a former employee of Defendant. On April 17, 2019, Plaintiff filed a Class Action Complaint for Damages. On May 15, 2019, Plaintiff filed a First Amended Class Action Complaint for Damages & Enforcement Under the Private Attorneys General Act, California Labor Code § 2698, et seq. ("Operative Complaint"). Plaintiff's core allegation is that Defendant has violated the California Labor Code by engaging in a un...

Excerpt: ...ty, she was on 9/7/2020 admitted to defendant ESS' residential care facility for the elderly, “The Splendor of Carmichael at Palm” (“Splendor”). Due to a variety of medical conditions including being legally blind, auditory impairment, hypertension, a depressive disorder and frailty, Darbison required assistance with various daily activities including bathing, dressing, grooming, eating, walking, etc. to avoid the risk of fall and injury....

Excerpt: ...party within 48 hours of receipt. The hearing date shall automatically be continued for oral argument. The continuance date will always be an “Appearance Required” hearing so that the self‐represented party need not request oral argument. The Litigation Coordinator shall make the self‐represented party available by Zoom at 9:00 a.m. on the date of the continued hearing date, which will be 1/4/2022, to participate in oral argument. Departm...

Excerpt: ... construct gas processing facilities and CEE agreed to purchase natural gas from Plaintiff. Disputes subsequently arose over a variety of matters including but not limited to the construct the facilities, the quality of the gas being produced, and Plaintiff's obligations to pay. As issue here is Plaintiff's cause of action for reimbursement under B&P Code § 7031 (b). CEE has filed a Verified Cross‐Complaint against Plaintiff. Plaintiff seeks t...