Excerpt: ...e 5/9/22 trial date, although William R. Chestnut has significant health issues, Defendants have not met their burden of showing the LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 25, 2022 TIME: 8:30 A.M. 2 health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation, therefore the motion to advance is denied. Before addressing the motion to sever the equitable issues is the question of wh...

Excerpt: ...e motion to modify the subpoenas of Abel Rodarte's medical records is granted. The subpoenas shall be limited to records of any treatment from 07‐03‐2020 to the present related in any way to treatment of injuries to the neck, back, face, abdomen, contusions to limbs, and head including concussion and post‐concussion syndrome. Sanctions shall not be awarded. MARCIEL RODARTE For the reasons set forth above, the motion to modify the subpoenas ...

Excerpt: ...rial date and to place the stipulation to extend the five year statute on the record. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 23, 2022 TIME: 8:30 A.M. 3 Turning to the motion to bifurcate to try the equitable issues first, as a general matter the California Constitution affords a right to a jury trial in common law actions at law that were triable by a jury in 1850, but not in suits in equity that were not triable by a jury in 1850. In apply...

Excerpt: ...rest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. Cal Code Civ Proc § 1908 Conclusive effect of judgment in various cases (a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state...

Excerpt: ...ste Control Law. Health & Saf Code § 25189 5 th cause of action Unfair Business Practices (B & P § 17200) The civil penalties that may be awarded under these claims, unlike the classic legal remedy of damages, are noncompensatory in nature; their primary purpose is to secure obedience to statutes and regulations imposed to assure important public policy objectives. ... Their focus is preventative...the gist of the civil causes of action must pr...

Excerpt: ...etter was provided to the court at all regarding any attorney's availability for trial including Mr. Haselton's unavailability on June 6,2022 or defense counsel's unavailability, no good cause is found to advance the trial date and the motion to advance is denied. Counsel are requested to appear at the hearing to set a new trial date and to place the stipulation to extend the five year statute on the record. Turning to the motion to bifurcate to ...

Excerpt: ...tion or dismisses the appeal. The prevailing party is the appellant if the court reverses the judgment in its entirety. The Remittitur filed 1/20/22 says, “The December 2019 order granting the Bayses' motion for attorney fees is affirmed. The Bayses are entitled to their costs on appeal. (Cal. Rules of Court, rule 8.278(a)(2).)” Because the Court of Appeal affirmed the December 2019 order granting the Bayses' motion for attorney fees, Bays ar...

Excerpt: ... determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferenc...

Excerpt: ...d the contract “and waived that right”; 3. That Defendants' affirmative defense of dismissal has no merit; 4. That Defendants' affirmative defense of latches has no merit; 5. That Defendants' affirmative defense of privilege has no merit; LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 8, 2022 TIME: 8:30 A.M. 6 6. That Plaintiffs are entitled to summary adjudication of their 6th cause of action for declaratory relief to determine Defendant's rig...

Excerpt: ...failure by Defendants to perform any agreement in the MIPA or Operating Agreement constituted a default; and further provided for acceleration of the Notes upon a change in control of Scharf Investments. Plaintiffs alleged that default events as specified in the MIPA and TOA had occurred, and that there had been a change in control of the company. Shortly after Plaintiffs filed their complaint Defendants paid Plaintiffs the sum of $18 Million. Th...

Excerpt: ...action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130‐1131) MOTION FOR MONETARY SANCTIONS UNDER CCP § 128.7 Cal Code Civ Proc § 128.7 Signing of pleadings and motion papers ...

Excerpt: ...pliance hearing will be set approximately 60 days from the date of the continued hearing below. Prior to the compliance hearing, Plaintiff's counsel is directed file a report in compliance with CCP sec. 384.5 and Cal Gov Code § 68520 (a)(3), attaching as exhibits to the report the order granting final approval of class action settlement and a copy of the executed Settlement Agreement. The Court clerk will forward the Report and attachments to th...

Excerpt: ... extrinsic evidence is presented. (De Guere v. Universal City Studios (1997) 56 Cal.App.4th 482, 501, 503 [65 Cal.Rptr.2d 438].) If there is a conflict in the extrinsic evidence, the factual conflict is to be resolved by the jury...when ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of...

Excerpt: ... the evidence that there is a valid agreement to arbitrate between the parties. Amanda Smith states in her declaration: ‐She has been employed at Harmony as Senior Human Resources Director since Sep. 2019. In that role, she is familiar with Harmony's broader employee relations policies and procedures and oversee Harmony's Human Resources Department. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 3, 2022 TIME: 8:30 A.M. 5 ‐Based on her role, she...

Excerpt: ...cept the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact. (o) A cause of action has no merit if either of the following exists: (1) One or more of the ...

Excerpt: ... seriously disturb or disrupt the marital relationship. Society stands to lose more from such disruption than it stands to gain from the testimony which would be available if the privilege did not exist. (Evid. Code, § 970 (Deering, Lexis Advance through all 770 Chapters of the 2021 Regular Session).) Courts in other jurisdictions have consistently held that the privilege cannot be asserted to withhold communications concerning ordinary business...

Excerpt: ...o the challenged elements of his causes of action. Plaintiff has failed to meet that shifted burden. The legal malpractice c/a is time barred. This cause of action is barred by the one year statute of limitations. It is undisputed that this action was filed on February 6, 2018, more than three years after Plaintiff received (i) notice of a potential claim, by 3/9/15 email from a TCK attorney rejecting Plaintiff's request that TCK sue Boston Bank ...

Excerpt: ...ndition 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, the time for fili...

Excerpt: ...h the terms of the account; 3. That Defendant made purchases and payments on the account; 4. That Defendant failed to make required payments on the account as they became due; 5. The last payment was made on 9/23/19. 6. That Defendant owes Plaintiff the sum of $19,129.24; 7. That Plaintiff provided Defendant with billing statements for the sums owed on the account; 8. That at the time Defendant received the billing statements, Defendant did not o...

Excerpt: ... that exceed 180 days are tolled from April 6, 2020, until October 1, 2020. (CA Rules of Court, Appendix I Emergency Rules Related to COVID‐19, Emergency Rule 9 (Subd (a) amended effective May 29, 2020.) “To “toll” has been defined most pertinently as “to stop the running of; to abate .” (Black's Law Dict. (8th ed. 2004) p. 1525.) When it comes to the tolling of a statute of limitations, we have stated: �...

Excerpt: ...2 P.2d 985].) The Court of Appeal ordered that Paetkau be awarded his fees. (See Remittitur p. 24.) The fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. “California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate atto...

Excerpt: ... a demurrer. "[W]e are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38 [77 Cal.Rptr.2d 709, 960 P.2d 513].) As to the demurrer to the Third cause of action based on uncertainty, ...

Excerpt: ...nsider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination. Defendant's first disclosed toxicologist Dr. Edwin Smith charged $300.00/hour. (Amended P's & A's in support of motion to set expert fees pg.4:3, Ex. 1 to Walker declaration pg.4:6) The Expert Institute charges $415/hour for a toxicologist. (E...

Excerpt: ...of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated. Where property is sought to be acquired pursuant to this section, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section. The Court in People ex rel. Public Utilities Com. v. Fresn...

Excerpt: ...t Defendant failed to return his security deposit, that claim is barred by res judicata, as that issue was decided by the judgment in Small Claims Court Case no. 19CV00072. The remaining allegation that Defendant “was very unprofessional” does not support a claim for negligence. As these defects cannot be cured by amendment, leave to amend is denied. Plaintiff's second cause of action, for “Intentional Tort”, alleges that Defendant took a...