Excerpt: ...ery court shall have the power to do all of the following: To provide for the orderly conduct of proceedings before it, or its officers.”].) A trial court's ruling on a request for stay is reviewed for abuse of discretion. (People ex rel. Allstate Ins. Co. v. Suh (2019) 37 Cal.App.5th 253, 257; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 951; Bains v. Moores (2009) 172 Cal.App.4th 445, 480.) While there are three cases on appeal,...

Excerpt: ...ts contend that plaintiff's complaint is time -barred since he brought it 678 days after he was told by a different dentist that the implants would likely fail. Plaintiff argues that after he consulted with a different dentist he continued to treat with Dr. Halbleib, whom he trusted, and who continued to tell him not to be concerned. He claims he filed a timely notice of intent to sue and timely complaint. Defendant contends that as of 2/28/19, ...

Excerpt: ...overy responses and lack of proper verifications. On January 30, 2024, the court granted, in part, defendants' motion to compel. The order, filed on February 8, 2024, required plaintiffs to serve updated verifications to the following discovery requests: o Request for Production of Documents, Set One to Alfred Pinard; . o Form Interrogatories, Set One - Construction Litigation to Alfred Pinard; o Form Interrogatories, Set One to Alfred Pinard;...

Excerpt: ...of those entities and opposed the motion contending it had no connection to BurgerIM or its ownership other than currently operating a Jersey Mike's franchise from a commercial space previously occupied by BurgerIM. Plaintiffs asserted that all that was necessary under Labor Code §200.3(a)(1) to establish successor liability was sharing the same facility to offer substantially the same services as the judgment debtor since both were food service...

Excerpt: ...Five River Street, LLC. (“Fifty- Five River”). Plaintiffs rented office space from Fifty -Five River and in October 2016, water from a storm leaked into the space, causing damage to computer equipment owned by plaintiffs. Of import is a piece of equipment, a NetApp filer, which allegedly contained valuable song recordings belonging to plaintiffs. This equipment was damaged and the information on it, according to plaintiffs, was lost, causing...

Excerpt: ...: MAY 7, 2024 TIME: 8:30 A.M. Page 2 of 6 A. Verdict form 2408: Constructive Discharge 1. Plaintiff Wallace was employed by Defendant Karssli Corp., and 2. Plaintiff Wallace was subjected to working conditions in violation of public policy, and 3. Karssli intentionally created or knowingly permitted these conditions, and 4. Those conditions were not so intolerable that a reasonable person in Wallace's position would have no alternative to resign....

Excerpt: ...) 7 Cal.4th 1, 35.) A plaintiff, by initiating litigation, does not waive his or her expectation of privacy in the use of his personal digital devices, including cell phones, text messages and email messages. (Carpenter v. United States (2018) 138 S. Ct. 2206, 2217 [an individual has a legitimate expectation of privacy in his physical movements, as captured through cell -site location information]; Riley v. California (2014) 134 S. Ct. 2473, 2494...

Excerpt: ...ROUND AND MOTION On January 16, 2020, the parties entered into a stipulated settlement agreement. State Farm paid $15,238.54 in property damages to its insured. Pursuant to the terms of the agreement, Neff's insurance carrier, Foremost, was to pay State Farm $6,884.22. The balance of $8,744.32 was to be paid by Neff, with one lump payment of $200.00 and thereafter payments in the amount of $100.00 each month. The stipulation further stated that i...

Excerpt: ...and personal property sustained damage after the CZU Lightening Complex fires. Plaintiff made a claim pursuant to the AmGUARD policy. Plaintiff alleges various unlawful conduct on the part of his broker and AmGUARD relating to the procurement of the policy and AmGUARD's handling of his claim after the fire. I. DEMURRER Defendant AmGUARD (“AmGUARD”) demurs to the third cause of action in plaintiff's first amended complaint (“FAC”) for n...

Excerpt: ...l economy and to avoid conflicting rulings. (Caifa Professional Law Corp. v. State Farm Fire & Casualty Co. (1993) 15 Cal.App.4th 800, 807.) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M. Page 6 of 10 It appears that at least four other earlier filed actions exist in which the claims (hourly non -exempt, periods of employment, claims, and employing facilities) overlap with plaintiff's, rendering a renewed stay in this act...

Excerpt: ...9, 2024 TIME: 8:30 A.M. Page 8 of 10 (c), 2923.7, 2924.9, and 2924.10, as well as negligence and violations of the Unfair Business Practices Act pursuant to Business and Professions Code section 17200. Plaintiff obtained a loan on the property in question from defendant RMR; the trustee is defendant SLS. (Complaint at ¶ 10.) The loan went into default. On November 11, 2022, SLS caused to be recorded a notice of default and election to sell under...

Excerpt: ...answer”) includes a general denial, alleges that plaintiff was the store General Manager and properly exempt, and asserts 28 affirmative defenses addressing the particular labor code allegations (nos. 8, 15 -17, 23- 27) and general employment- related defenses. Plaintiff's demurrer is based on the following: • Irrelevant defenses (nos. 3, 4, 6, 7, 12 -14, 17- 19, 21, 22, 25) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M...

Excerpt: ...7) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects m...

Excerpt: ...h of a pet not caused by an intentional tort or where a special relationship exists. (McMahon v. Craig, supra, 176 Cal.App.4th at 1519 [veterinary malpractice and lying to the pet owner did not support action for emotional distress damages]; Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1607 [emotional distress damages recoverable from trespass to chattel when defendant intentionally struck plaintiff's dog with a bat] Levy v. Only Cremations fo...

Excerpt: ...tion. The discovery was served on 7/11/23. (Bemis Declaration, Ex. 1.) Responses were served on 8/15/23 but without verifications. (Bemis Decl., LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 25, 2024 TIME: 8:30 A.M. Page 2 of 4 Ex. 2.) Following counsel's attempts to meet and confer, and extensions of time to provide verifications, no verifications have ever been served. Unsworn discovery responses are tantamount to no responses at all. (Zorro ...

Excerpt: ...successful (and unopposed) motion to compel these responses, which was granted on 1/12/24. Following the Court's order, Plaintiff served incomplete responses to form interrogatories nos. 2.6 and 2.8. Request for Production of Documents, Set Two: Defendant seeks responses to requests for production, set two, from Plaintiff Reed. The discovery was served on 10/2/23. (Breen Decl., Ex. A.) Responses were due by 11/6/23, but no responses were served t...

Excerpt: ...nd in violation of the terms of the stock purchase agreement. They claim McKeon diverted more than $250,000 in funds from the dispensary to his personal accounts or his solely owned businesses. Form Interrogatories, Request for Production of Documents: Plaintiff Laggner seeks initial responses to form interrogatories and requests for production from Defendant McKeon. The discovery was served on 12/22/23. (Ringgenberg Declaration, Exs. A and B.) R...

Excerpt: ... relation to CFP's handling of her fire damage claim. Mapel is the only plaintiff LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 23, 2024 TIME: 8:30 A.M. Page 3 of 5 and her first amended complaint was not brought on behalf of a class. The primary allegations against CFP are that it violated Mapel's rights under the applicable policy and purposefully misrepresented and concealed material facts for the purpose of depriving Mapel of the payment of ...

Excerpt: ...h return receipt requested to 59 Hollins Dr., Santa Cruz, CA LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 19, 2024 TIME: 8:30 A.M. Page 2 of 3 95060, estimating Defendants' exact liability to be no more than $5,340,029.27.” (Opp. at pg. 1.) The prove -up hearing occurred on December 20, 2023 and judgment was entered by the court on December 26, 2023. Pursuant to Code of Civil Procedure 425.11, subdivision (c) “[i]f no request is made for the ...

Excerpt: ...uest be deemed admitted, as well as for monetary sanctions. Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this order “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary san...

Excerpt: ...), with her other action against it – A m a y a v. Encompass (21CV02782) (Amaya II), her PAGA wage and hour case. Defendant also moves to either stay or consolidate Daisy Espinoza v. Encompass Community Services (21CV02110) with this action. Plaintiff moves to consolidate her two actions (Amaya I and Amaya II) with the Espinoza action (21CV02110) and Hernandez v. Encompass Community Services (22CV02565). None of the motions are opposed. The Cou...

Excerpt: ...lating to the Judgment -Debtor's claim in pursuing the categorization of a family home as community property to which she was entitled to succeed to as the surviving spouse of the decedent. The complaint alleged the amount owed was $17,430.83. Judgment, after hearing, was entered on December 23, 2003, in the principal sum of $16,798.48, plus interest of $1,744.28 and costs of $350.50. According to the judgment, Judgment -Debtor failed to answer a...

Excerpt: ...21. Defendants defaulted and this suit resulted. Defendant Blume settled and a one -day court trial was convened as to Defendant Harvey on 2/13/24. The court issued a written judgment against Defendant Harvey for damages in the amount of $430,008.34. II. MOTION Plaintiff moves for an award of attorneys' fees in the amount of $12,375.00 as a prevailing plaintiff based upon a written contract containing an attorneys' fee clause. (Civil Code § 1717...

Excerpt: ...n's failure to pay on a credit card. Following her successful motion to set aside default, Defendant Brown cross - complained against Collect Access, LLC for violation of the Fair Debt Collection Act and Rosenthal Fair Debt Collection Act. Brown prevailed in a court trial held on May 25, 2018; and on July 13, 2018, a judgment was entered awarding Brown a monetary judgment of $3,000.00. On December 3, 2018, a judgment was entered awarding Brown st...

Excerpt: .../23. BACKGROUND: Plaintiff's verified Complaint was filed 9/29/23, just four days after he voluntarily dismissed his previous verified action which alleged four causes of action against Defendants: cancellation of void deed, slander of title, declaratory relief, and quiet title. In that case, Defendants' demurrers and special motions to strike were on calendar for 10/2/23, but Plaintiff appears to have filed his voluntary dismissal in an effo...