Excerpt: ...considered Defendant's untimely reply brief filed on August 29, 2022 only two days before the hearing. Reply briefs in support of motions for summary judgment shall be filed "not less than five days" before the hearing "unless the court for good cause orders otherwise." (CCP § 437c(b)(4).) Given that five days before the August 31, 2022 hearing was Saturday August 27, 2022, Defendant was required to file the reply no later than August 26, 2022 i...

Excerpt: ...ff Davita, Inc. was ordered to provide verified responses, without objections, to Defendant's form interrogatories (set one) no later than May 19, 2022. No sanctions were awarded though the Court indicated that further failures to comply with discovery could result in sanctions. Defendant now seeks terminating sanctions on the basis that Plaintiff has not provided the Court ordered responses. Defendant also requests issue and evidentiary sanction...

Excerpt: ... Aguilar's (collectively, “Plaintiffs”). Defendants' demurrer is ruled upon as follows: I. BACKGROUND This action was initiated on November 10, 2015 (Register of Actions ("ROA") 1) and was granted preference on March 15, 2016 (ROA 28) while Decedent was still living. Decedent died on May 26, 2017. The case was assigned for trial to this Court (Judge Richard K. Sueyoshi) in February 2020. In accordance with the Court's prior orders and COVID�...

Excerpt: ...e alleges he left his position with Defendant Gateway and obtained employment with First American but he was terminated after Defendants contacted First American and lied about him. In the TAC Plaintiff alleges causes of action for (1) breach of contract; (2) defamation; (3) tortious interference with contractual relationship; (4) intentional interference with prospective economic relations; (5) negligent interference with prospective economic re...

Excerpt: ...Complaint alleged the following causes of action: (1) Easement by Necessity; (2) Declaratory Relief; (3) Injunctive Relief; (4) Intentional Misrepresentation; and (5) Negligent Misrepresentation. After conducting discovery, Plaintiff now seeks to file a Third Amended Complaint (“TAC”) to include two (2) additional causes of action for implied easement by prior use and implied easement by prescription. Trial is currently set for November 1, 20...

Excerpt: ...ty Group, Inc. as the only defendant. However, the parties subsequently Stipulated to the Dismissal, with prejudice, of Simon Property Group, Inc., as this entity did not own or control the property in question. The parties also stipulated that Simon Financing Partnership, L.P. is the proper entity in this matter. See Stipulation of Counsel attached as Exhibit A to the Declaration of Counsel filed concurrently herewith. Thus, Simon Financing Part...

Excerpt: ...d her client files, and was in the process of seeking new counsel. Otis need not call to rerequest oral argument upon reposting of the tentative ruling below. The tentative ruling from the July 26, 2022 hearing is reprinted below. The motion of Defendant/Cross‐Defendant Otis Elevator Company (“Otis”) for summary judgment, or in the alterative, summary adjudication, in its favor and against Plaintiff Velma Butler (“Plaintiff”) is DENIED ...

Excerpt: ...nto, California 95814. Plaintiff's counsel is directed to contact opposing counsel forthwith to advise counsel of Department 53's correct address, Local Rule 1.06, and the Court's tentative ruling procedure. If Plaintiff's counsel is unable to contact opposing counsel prior to the hearing, Plaintiff's counsel shall be available at the hearing, in person or remotely (telephonically or by video conference via Zoom as stated in the introductory noti...

Excerpt: ...ion. Lopez filed an anti‐SLAPP motion, arguing her petition and speech was absolutely privileged. Judge David Brown granted her motion as to her complaint to the Assembly but denied it as to her statements to the press. Lopez appealed, and the Third District Court of Appeal reversed the partial denial, instructing this Court to grant the entire anti ‐SLAPP motion and to conduct further proceedings pursuant to the anti‐SLAPP law. The parties...

Excerpt: ...Sacramento. Plaintiff alleged that the Taylor Investment Company, its predecessor in interest, entered into a lease for the Premises (the “Lease”) with GameStop, Inc. in 2003. The Lease was assigned to Defendant in April 2015. Plaintiff alleged that Defendant has breached the Lease by failing to make timely rental payments. On April 20, 2022, this Court granted Plaintiff's motion for summary judgment and a formal order indicating that judgmen...

Excerpt: ...ncludes a total of six causes of action, five of which are against Caltrans. The causes of action against Caltrans are the second through the sixth causes of action, and are for (1) racial discrimination in violation of Title VII of the Civil Rights Act, (2) disparate treatment and racial discrimination under the California Fair Employment and Housing Act (“FEHA”), (3) hostile work environment under the FEHA, (4) failure to prevent harassment...

Excerpt: ...ntiff's employment claims against Defendant. (Khosrowshahi Decl., ¶ 4, Exh. A.) As of the filing of Plaintiff's motion on June 29, 2022, Defendant had not responded to the requests for admissions, although Defendant had responded to other discovery served concurrently with the requests for admissions. (Khosrowshahi Decl., ¶ 5.) Defendant's counsel asserts that his office did not receive the proof of service for the requests for admissions until...

Excerpt: ...reschool and Children's Center, suffered an injury to her left eye during recess. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 1.) At approximately 2:30 p.m., which was about 15‐20 minutes into the recess, a teacher at Marvin Marshall named Monica Sharma spotted a male student from about 10 feet away climbing a ladder for a play structure with a stick in his hand. (UMF Nos. 1, 4; Plaintiff's Statement of Undisputed [Addit...

Excerpt: ...alment, and breach of implied warranties, while his spouse has a claim for loss of consortium. (Defendant's Statement of Undisputed Material Facts (“UMF”) No. 2.) Plaintiff alleges that he was diagnosed with Chronic Myelogenic Leukemia ("CML") in 2000 as a result of his work with and exposure to a number of chemical products listed in the complaint containing significant concentrations of benzene and other toxic chemicals from approximately 1...

Excerpt: ...n 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 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. Factual Background This conso...

Excerpt: ... Caylor within 48 hours. The litigation coordinator is directed to have Plaintiff Jeffrey Michael Caylor available at oral argument on August 24, 2022 at 1:30 pm. Appearance will be by ZOOM. Department 53 Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568‐8864 and enter 161 4650 6749#. Appearance is required. Defendant Keri Hamilton's motion to dismiss for delay in prosecution is denied. This matter was originally set for Aug...

Excerpt: ...mination in violation of FEHA, failure to engage in the interactive process and failure to provide a reasonable accommodation in violation of FEHA, intentional infliction of emotional distress and violation of Business & Professions Code § 17200. Plaintiff alleges that he alerted Defendant to defective machinery that he worked on which Defendant never repaired. He alleges he had to repair the machinery himself which resulted in cumulative injuri...

Excerpt: ...'s characterization of this motion as a “motion for summary judgment or in the alternative, motion for summary adjudication”, the Court considers Plaintiff's motion as a motion for summary judgment. “If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of...

Excerpt: ...shows that Plaintiff's request for admissions to Defendant Ema Chavez were deemed admitted on January 6, 2022. 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." (C.C.P. 438(c)(1)(A).) The grounds fo...

Excerpt: ...ff in pro per alleges that on 12/19/2019 defendant Cherian closed plaintiff's cell door on his arm and was thereafter denied medical care. In his original complaint filed on 1/13/2021, plaintiff purported to assert against several defendants causes of action for negligence and intentional tort based on the 2019 incident. All defendants demurred on various grounds including plaintiff's failure to comply with the Government Claims Act (“GCA”) a...

Excerpt: ...m SROG”); and Special Interrogatories, Set One, to Rose (“Rose SROG”) is DENIED. Plaintiffs served the subject discovery requests on March 25, 2022. (Parsons Decl., ¶ 3, Exhs. 2‐4.) Defendants responded on May 9, 2022. (Parsons Decl., ¶ 4, Exhs. 5‐7.) Plaintiffs contacted Defendants to meet and confer regarding alleged deficiencies in the responses on May 23, 2022. (Parsons Decl., ¶ 6, Ex. 8.) The parties continued to meet and confer...

Excerpt: ...on November 19, 2021, approximately six months before the motion was actually filed. (Mortl Decl., ¶ 2.) After being informed Plaintiff called the wrong number, Plaintiff made no other effort to meet and confer with Defendant. (Mortl Decl., ¶ 2.) However, the failure to meet and confer is not sufficient grounds to deny the motion. Further, as the motion is based entirely on evidence of admissions by Defendant made pursuant to a prior motion to ...

Excerpt: ...s computer before returning the computer to Plaintiff. On June 29, 2022, following rulings on a number of Plaintiff's motions to compel, Plaintiff filed a motion for terminating sanctions. In support of the motion for terminating sanctions, Plaintiff lodged a number of exhibits and now moves under California Rules of Court, rule 2.550 to seal those exhibits: • Exhibit A to the Cates Declaration ‐ Price Worksheet; • Exhibit B to the Cates De...

Excerpt: ...hak did not obtain leave of court to do so. Factual & Procedural History This is a personal injury action arising out of an alleged sexual battery and assault committed by Dr. Pathak against Plaintiff. Specifically, Plaintiff alleges that during a medical appointment she underwent a medically unnecessary breast examination by Dr. Pathak for his own gratification. (See Sec. Am. Compl. ¶¶ 6‐7.) Plaintiff commenced this action on December 11, 20...

Excerpt: ...ence Code section 1043, subdivision (c). The Declarations of Jennifer Vue and Jackie Castle filed on August 11, 2022, indicate notice was provided to the subject officers as required. (ROA 89, 90.) Background This is a disability discrimination case in which Plaintiff alleges CHP denied him a reasonable accommodation for his physical disability, a back injury. Plaintiff alleges his disability could have been accommodated by allowing him to wear h...