Excerpt: ...s granted. Tina Bartlett is a regional manager for the Department. Nancee Murray is an attorney for the Department. Defendants allege that Plaintiffs South Yuba Water District (“District”), Michael Rue, Jerry Norene, Victor Grag, Morrison Graf, Gary Miller, and John Belza's claims against Defendant Bartlett and Defendant Murray arise from their lawful communications in connection with an official proceeding and are therefore barred by Code of...

Excerpt: ...an interest in an LLC which owns commercial property but failed to pay off a $1.2 Million promissory note. The complaint alleges causes of action for breach of the promissory note, common counts, breach of the implied covenant of good faith and declaratory relief. Defendant Tran filed on 10/31/2018 both an answer and a cross‐complaint, the latter of which asserts causes of action for breach of contract and conversion. In December 2018 defendant...

Excerpt: ...laintiff is owed in access of $48,000, representing the market value of the “petroleum products” delivered but not paid for, and consists of causes of action for breach of contract, common counts and breach of personal guaranty. Defendant/cross‐complainant filed a cross‐complaint against plaintiff purporting to assert a single cause of action for accounting, maintaining that some of the payments made to plaintiff for the latter's deliveri...

Excerpt: ...”). On 9/26/2018, Mehtani and Co‐Defendant/Cross‐Plaintiff Janak Town and Country West G.P. ("T&CW") propounded the following four sets of identical demand for production of documents: 1. Mehtani's demand for production of documents on TDB 2. Mehtani's demand for production of documents on Qayyum 3. T&CW's demand for production of documents on TDB 4. T&CW's demand for production of documents on Qayyum The deadline to serve responses...

Excerpt: ...ntative ruling to Plaintiff within 48 hours of receiving it. The hearing date shall automatically be continued one week plus one court day for oral argument. The continuance date will always be an appearance required hearing so that Plaintiff need not request oral argument. The Litigation Coordinator shall make Plaintiff available, by COURTCALL, at 9:00 a.m. on the date of the continued hearing date, which will be April 8, 2019, to participate in...

Excerpt: ...iary duty and breach of both written and oral contracts. The fiduciary duty claim included an allegation that the conduct constituting the breach was done with oppression, fraud and/or malice within the meaning of Civil Code §3294. Defendants successfully challenged the punitive damages allegations on the grounds that plaintiff failed to plead specific facts necessary to establish malice, fraud or oppression but instead relied on an impermissibl...

Excerpt: ...follows. Opposing counsel failed to comply with CRC Rule 2.111(3) and Rule 3.1110(b)(3)‐(4). This is a wage‐and‐hour case brought by a single plaintiff. According to the moving papers, plaintiff noticed the deposition of defendant James Ashley with the production of documents on 11/9/2018, specifying a deposition date of 12/19/2018 but the witness did not appear at that time, despite the absence of objections to the deposition. Plaintiff no...

Excerpt: ...ied Underwriters, Inc. (“AUI”), Applied Underwriters Captive Risk Assurance Company, Inc. (“AUCRA”), and California Insurance Company's (“CIC”) (collectively, "Defendants") demurrer to the First Amended Complaint (“1AC”) is OVERRULED as follows. Moving counsel again failed to provide notice of the Court's tentative ruling system, as required by Local Rule 1.06, and did not provide the correct address for Dept. 53/54. Movin...

Excerpt: ...ty discussed, the court invites the parties to submit supplemental briefs that address the tentative ruling. Any party may, but need not, file and serve a supplemental legal brief no later than 4/26/19. If Plaintiff Michael T. Shannon (Shannon) wishes to appear and argue at the hearing on 5/10/19, then he shall promptly notify the court and opposing counsel of his intent to appear and shall arrange with the litigation coordinator at his facility ...

Excerpt: ...("VSS") demurrer to the second amended complaint. (ROA 137.) The Court also denied without prejudice Plaintiffs' concurrent motion for leave to file a third amended complaint for failure to comply with CRC Rule 3.1324(a)(2), (a)(3), and 3.1324(b). (ROA 136.) Plaintiffs eventually filed a new motion for leave to amend complaint. The City, however, submitted a proposed judgment of dismissal prior to the hearing on the motion for leave. ...

Excerpt: ...s required 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 in person or by telephone. Both moving and opposing counsel failed to comply with CRC Rule 3.1110(b)(3). Factual Backgrou...

Excerpt: ...or 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 department for hearing and 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 in person or by telephone. The Court noted that p...

Excerpt: ...t, she has been exposed to hazardous chemicals which have caused injuries to her internal organs, including multiple myeloma. Plaintiffs bring causes of action against multiple defendants including PTL for (1) negligence, (2) failure to warn, (3) design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. Prior Demurrer. PTL previously demurred only to the fraudulent concealment cause of action on the ...

Excerpt: ...ges that he was a member of Defendant's medical staff. Plaintiff alleges that he was discriminated and retaliated against, and harassed due to his presenting complaints regarding patient care, services, and/or hospital conditions. He further alleges that he was harassed based on his sex and that certain defamatory statements were made concerning his profession, trade, business, and qualifications. Plaintiff asserts that Defendant retaliated a...

Excerpt: ...eir 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.) This is an action for breach of a settlement agreement. Plaintiff alleges that on 11/18/2016, she entered into a settlement agreement with Regents, but on 4/17/2018, she was informed that Defendant failed to provide full service credit and retirement/pension benefits as agreed to...

Excerpt: ...ohn Mahan on April 29, 2016. The parties referred to those documents as follows: ∙ 3,755 documents identified by CARB as “key” documents. ∙ Documents responsive to Mahan's categories 1 through 10. The court stated it was not (yet) willing to preemptively prohibit CARB from claiming any of these documents were exempt from production before it actually had a chance to review them. It thus stated, “It will be up to CARB to determine, in th...

Excerpt: ...complaint (FACC), the court summarized the action as follows: In its complaint, Nivano alleges it is a large Independent Practice Association ("IPA"). In December2016, Nivano hired Scribner to be general counsel to Nivano Care Medical Group ("NCMG"), a medical group association with the IPA. Nivano alleges that Scribner and codefendant Jami Lopez conspired with other third parties to intentionally interfere with Nivano's opera...

Excerpt: ...gment is GRANTED. Overview This is an action on a commercial loan agreement and related personal guaranty. Ascentium loaned Buttles Custom $108,736 so that the latter could acquire a 2016 RAM C55 (the “vehicle”). (See Undisputed Material Facts (UMF) 1, 2.) The loan agreement was memorialized in a January 2017 Equipment Finance Agreement (EFA) that required Buttles Custom to repay the loan over 60 months. (UMF 1, 2.) The EFA required Ascentium...

Excerpt: ...required 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 in person or by telephone. The notice of motion does not comply with Code of Civil Procedure §1010 or CRC Rule 3.1110(a). ...

Excerpt: ...ourt'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 in person or by telephone. Moving counsel failed to comply with CRC Rule 3.1110(b)(3)‐(4). The declaration by attorney Salazar which was filed on the afternoon of 3/14/2019 was not considered by the Court...

Excerpt: ...tices. The plaintiffs allege that Broker and its codefendants wrongfully attempted to obtain payments from them in various contexts. They allege that, to generate fees, Broker unnecessarily wrote new policies instead of adding vehicles to existing policies. They also allege that Broker assessed fees to remove vehicles from policies. Broker served Plaintiff with request for admissions asking Plaintiff to admit that certain documents are “genuine...

Excerpt: ...ital and medical expenses, general damage, and property damage. On January 30, 2019, Defendant caused to be served on Plaintiff multiple deposition subpoenas for production of business records from Plaintiff's treating physicians at multiple locations. (Whitehead Decl. at ¶ 3, Exh. A.) The medical providers declined to produce records without a signed release from Plaintiff and Plaintiff has refused to sign any such authorizations. Plaintiff has...

Excerpt: ...addressed at the hearing and the parties should be prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Plaintiff and Cross‐ Defendant Alhambra Enterprises, Inc.'s (“AEI”) motion for summary judgment, or in the alternative, summary adjudication is ruled upon as follows. AEI moves for summary judgment/adjudication of its own Complaint. AEI also moves for sum...

Excerpt: ...iled to comply with them. Thus, the Court must once again deny the motion without prejudice. In the ex parte order, the Court indicated that on 1/8/2019, plaintiff lodged the following unredacted documents in opposition to motion for summary judgment: a. La Jolla's opposition b. La Jolla's separate statement c. Declaration of Steven M. Ramanoff d. Declaration of Travis Huff e. Appendix of Exhibits [Exhibits 1‐15] f. Appendix of Exhibits...

Excerpt: ...prepared to point to specific evidence which is claimed to show the existence or non‐existence of a triable issue of material fact. *** Defendant California Department of General Services' (“DGS”) motion for summary judgment, or in the alternative, summary adjudication is GRANTED. DGS' request for judicial notice is granted. In taking judicial notice of these documents, the court accepts the fact of their existence, not the truth of their c...