Excerpt: ...produce evidence in defense of an exemplary damage claim; fairness demands that he receive adequate notice of the kind of conduct charged against him. The complaint must contain factual assertions supporting a conclusion petitioner acted with oppression, fraud or malice. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041 [13 Cal.Rptr.2d 133].) Because Plaintiff has not pleaded oppression, fraud or malice with specificity, (see Complaint ¶...

Excerpt: ...laratory relief/injunction (3rd and 5th causes of action), writ of mandate (4th cause of action), and a claim under Govt. Code §54999.7. These causes of action are predicated on allegations that the City violated the substantive and procedural provisions of Proposition 218 by its Joint Pilot Program contract with SCWD. Although the complaint also refers to other unidentified governmental agencies, it can now be assumed that Plaintiffs are not ch...

Excerpt: ...ing interest that overcomes the right of public access to the records, namely, Cory Mayer's privacy rights, his contractual obligation of nondisclosure, and his right as a civil litigant to a fair hearing. (2) The overriding interest supports sealing the records. (3) A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, namely, the Settlement Agreement is confidential and contains financia...

Excerpt: ...ough it has already been appropriated to a public use. (Reply pg. 2:6‐22) However, as the City points out, CCP § 1241 was repealed in 1976. None of the statutes cited by the City as the new Eminent Domain law appear to unequivocally empower a city to condemn public utility property even though it has already been appropriated to a public use as CCP § 1241 did. (Reply pg. 2 fn 1) The Parties are requested to appear at the hearing to set a new ...

Excerpt: ... Petitioner in the second, untimely motion, Petitioner has failed to present a valid challenge to these costs, and the motion is denied. As the prevailing party the District is entitled to its costs as a matter of right, “except as otherwise expressly provided by statute”. CCP §1032(b). The court has no discretion to deviate from this rule where, as here, Respondent was the clear prevailing party. There is no statutory authority to consider ...

Excerpt: ...tnut Sr., who suffers from advanced Parkinson's disease. They assert that, in the event that these motions are granted, there will be insufficient time to prepare the new probate case for trial, or to conduct the deposition of William Sr.. Based on the July 27, 2021 declaration of Aaron Mohammed counsel were then in discussions to arrange for a competency evaluation of William Chestnut Sr., and Mr. Mohammed committed to produce him for a depositi...

Excerpt: ...e a failure to comply ... and (2) the failure must be willful. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545 [51 Cal.Rptr.2d 311].) The duty to preserve documents is relatively clear. That duty extends to any documents or tangible things made by individuals "likely to have discoverable information that the disclosing party may use to support its claims or defenses." The duty also includes documents prepared for those individuals, to the ...

Excerpt: ...ce (9th c/a) as to Defendants Mendoncas, The Holcomb Corporation, and Kyla Holcomb‐Piramoon and for breach of duty to be honest and truthful (11th c/a) as to Defendants The Holcomb Corporation, and Kyla Holcomb‐Piramoon. The demurrer to the cause of action for cancellation of instrument (7th c/a) asserted against the Mendonca Defendants is sustained. The demurrer to the cause of action for fraud (5th C/A) asserted against Defendants Mendoncas...

Excerpt: ...ormation to acquaint the other party with the nature of information desired, attempt to place the burden and cost of supplying information equally available to both solely upon the adversary, placing more burden upon the adversary than the value of the information warrants, etc.). Such improper methods of 'fishing' may be (and should be) controlled by the trial court under the powers granted to it by the statute." (Id at pp 224‐225.) Here, the ...

Excerpt: ...cted to unwarranted annoyance, oppression and expense by Tabatabai, who has served him with duplicative sets of Form Interrogatories. Mr. Lindow's declaration provides only his conclusion that the third set of From Interrogatories is “substantially similar” to the previous interrogatories. This is insufficient to demonstrate good cause for a protective order. ...

Excerpt: ...l Procedure section 1987.1 contains permissive, not mandatory, language regarding motions to quash. It states, "When a subpoena requires the . . . production of books, documents or other things . . . the court, upon motion . . . may make an order quashing the subpoena entirely...Discovery procedures are generally less onerous for strangers to the litigation. That is because they are less likely to be represented by counsel, familiar with the issu...

Excerpt: ...who was underaged, was subjected to hazing in order to obtain an officer position in the fraternity; that he was instructed to drink multiple shots of alcohol at the cross‐ over ceremony, and became visibly intoxicated; that he was then directed to attend, and was driven to a party to celebrate the initiation, which was located at a house at 511 Broadway, in which several fraternity members resided; that fraternity members continued to “ply�...

Excerpt: ....; and that Plaintiffs are therefore entitled to summary adjudication of their first and second causes of action for quiet title and declaratory relief. Plaintiff s have also presented evidence, through their own declarations, the deposition testimony of Defendants, and evidence of Defendants' posting of Civil Code section 1008 signage, that Defendants dispute Plaintiffs' right to use the gravel road, and intend to block this use. This entitles P...

Excerpt: ...U.S.Dist.LEXIS 124509, at *8‐9.) Turning to whether the Second Cause of Action for failure to accommodate in violation of FEHA states sufficient facts to constitute a cause of action, there are three elements to a failure to accommodate action: “(1) the plaintiff has a disability covered by the FEHA; (2) the plaintiff is a qualified individual (i.e., he or she can perform the essential functions of the position); and (3) the employer failed t...

Excerpt: ...required to prove assignment or ownership of loan documents in order to proceed with a foreclosure. Saterbak v JP Morgan Bank (2016) 245 Cal. App. 4th 808, 814. Regardless, the judicially noticeable documents demonstrate that the Deed of Trust securing the loan which is the subject of this action and foreclosure was validly assigned to Defendant Affinia. The Court is not persuaded by Plaintiffs' claim that they were never notified of the identity...

Excerpt: ... court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as ...

Excerpt: ...is that where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act. (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 292 [109 P.2d 942].) A demurrer may properly be granted based on the failure to adequately plead an exhaustion of administrative remedies. A plaintiff must exhaust the administrative remedies available before resorting to...

Excerpt: ... §§6:638‐639) Regarding Plaintiffs/Cross‐Defendants' concern that allowing the amendment would require postponement of trial because an arbitration would have to occur first (CA Civil Code §845) prejudicing Plaintiffs, (Opposition pg. 5), since both the Complaint and Cross‐Complaint pray for equitable relief, CA Civil Code §845 would not be applicable pursuant to Cal Code Civ Proc § 1141.13. Counsel are requested to appear at the heari...

Excerpt: ...go to the power of the court, has been recognized as being harsh, and it will not be adhered to where its application will result in an unjust decision.” (Di Genova v. State Board of Education (1962) 57 Cal.2d 167, 179 [18 Cal.Rptr. 369, 367 P.2d 865].) The order sustaining the demurrer to the Complaint stated, “The judicially noticeable documents indicate that the UPA has determined that that Defendant committed minor violations, which is no...

Excerpt: ...he motion to strike is denied. Turning to the motion for an order that the attorney‐client privilege has been waived, Cal Evid Code § 954 Lawyer‐client privilege: Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The...

Excerpt: ...0 days after the rendition of the judgment or the making of the order being appealed”. The oral pronouncement of the order in open court generally marks the beginning of the time to appeal, unless a statute requires a certain form of order, in which case the order is only effective when made in the statutory form. However, if the matter is taken under submission and the court issues a written order, which is both filed and served on the parties...

Excerpt: ...se.” ' Thus, absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail. (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163 [57 Cal.Rptr.3d 755].) No opposition having been filed and thus no prejudice having been shown, the unopposed motion for leave to amend the FAC and to file a Second Amended Complaint is granted. ...

Excerpt: ...sserts that Plaintiff's claims based on actions which occurred prior to 2020 are barred by the one year statute of limitations applicable to FEHA claims. Plaintiff's 1st through 3rd causes of action are based on actions alleged to have occurred both before and after 2020; and a demurrer does not lie to only a part of a cause of action (Weil & Brown, California Civil Procedure Before Trial, §7:42.2). Plaintiff's 4th and 5th causes of action are b...

Excerpt: ...he Labor Commissioner, uncertainty, and the discovery is a pattern of abuse. Ruling: Objections are overruled. AMH is ordered to produce a verified response with all responsive documents without objections. LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 16, 2021 TIME: 8:30 A.M. 2 RPD 2: All documents related to any and/or all of your interactions (of any kind in any form including communications) with Datson's wife related to Ms. Hoffman in any ...

Excerpt: ...er cases, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. In ruling on the petition for writ of mandate, the trial court's task was to determine, exercising its independent judgment, whether the hearing officer's decision was supported by the weight of the evidence. (McKinney v. Department of Motor Vehicles (1992) 5 Cal.App.4th 519, 523 [7 Cal...