Excerpt: ...American Directions Research Group, Inc. et. al. (hereinafter Hender) now pending before the U.S. District Court for the Eastern District of California. Plaintiff cites as authority California Code of Civil Procedure section 410.30 and Caifa Prof. Law Corp. v. State Farm fire & Cas. Co., 15 Cal. App. 4th 800, at 804. Both the present matter and the Hender action are proceeding on the same theories of liability for the same parties. The fact that ...

Excerpt: ...aintiff's emotional distress claims. It propounded discovery seeking information from January 2015 to the present. Plaintiff provides substantive responses but limited the timeframe. Defendant also seeks to compel Plaintiff to sign authorizations for the release of her medical records related to emotional distress for the same time period and for records with the EDD related to her prior disability claim for the period of November 2016 through th...

Excerpt: ...inst a health care provider based upon such person's alleged professional negligence.” The one‐year period runs from the date “the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury.” Ibid. The one year statute applies to other causes of action that arise out of the same facts as professional negligence. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th 336, 347. In deciding wheth...

Excerpt: ...itute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deduc...

Excerpt: ...der the Government Claims Act. That claim was denied. Plaintiff filed the present action on July 10, 2017. Motion for Summary Judgment Standard: CCP § 437c states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no meri...

Excerpt: ...28.75 pursuant to Civil Code § 1794(d) of the Song‐Beverly Consumer Warranty Act. The attorney's fees relate to the work of six attorneys for a total of $20,152.50. Plaintiff then requests a .5 lodestar enhancement making the total $30,228.75. Plaintiffs also requests costs in the amount of $7,144.65. Authority: The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prevailing buyers to 5 recover their costs, incl...

Excerpt: ...nfer Efforts: The Court finds that the meet and confer efforts were minimal and ineffective; however, it appears that further meet and confer efforts would be unproductive. The Court will therefore proceed to issue a ruling on the merits. Standards of Demurrer: A generally demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on t...

Excerpt: ... conducted under Vehicle code section 13559 and CCP section 1094.5. Combs v. Pierce (1991) 1 Cal.App.4th 568, 575. The reviewing court must exercise its independent judgment in determining whether the weigh to the evidence supports the Respondent's findings. Berlinghieri v. DMV (1983) 33 Cal.3d 392, 394. Where the evidence is subject to conflicting inferences of a crucial issue, the trial court may draw its own inferences from the evidence in the...

Excerpt: ...e to appear for Plaintiff's deposition. The deposition was set to occur on February 28, 2020. Prior to the deposition date, Plaintiff's counsel stated that he would not allow the deposition to proceed unless Defendant provide further responses to discovery and other information related to documents in Defendant's possession. He also sought to limit the scope of the deposition. Defendant agreed to and in fact did provide further responses in the a...

Excerpt: ...to three of the causes of action on the ground they are preempted by the California Uniform Trade Secrets Act (“CUTSA”). Demurrer Standards: A demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A demurrer can be used to challenge defects that appear on t...

Excerpt: .... CCP § 657(1), (6), (7). The grounds for Plaintiff's motion arise from the Court's consideration of the Declaration of Donna Sanders, an alleged failure of the Court to consider Plaintiff's evidence, allegations that the Court ignored the evidentiary burden and failed to liberally construe Plaintiff's evidence. The Court finds these contentions without merit. The Sanders Declaration was reviewed and accepted by the Court. Plaintiff did not obje...

Excerpt: ...ter service upon the party of written notice of entry of the order.” The time to file a motion for reconsideration expired on April 18, 2020 (10 days plus 2 for electronic service under CCP section 1013). Pursuant to COVID‐19 Implementation Order 20‐2020, “for purposes of computing time for filing papers with the Court under Code of Civil Procedure Sections 12 and 12a, from April 14, 2020, to May 4, 2020, inclusive, are deemed holidays . ...

Excerpt: ...dical records (which would include billing information) were identified in Pullen's responses to Series 6 of the Form Interrogatories. Having put the medical records at issue, Pullen cannot now quash their production. Pullen argues that the request is “burdensome, harassing, oppressive and solely designed to increase costs.” No evidence has been provided to support that conclusion. In fact, no evidence has been provided in support of the moti...

Excerpt: ...Road and predominantly reside in a subdivision less than a ½ mile north of Defendants' property. Plaintiffs' only legal access appears to be Sand Pit Road. Plaintiffs claim that they and their predecessors have used the route for a decade without permission of any land owner. On or about November 4, 2019, Defendants blocked Sand Pit Road. Since that time, Plaintiffs have used a separate paved road, which also crosses Defendants' property, to acc...

Excerpt: ...ot filed an opposition. Media's Objections to Evidence: Objection No. 1: Sustained Objection No. 2: Sustained Objection No. 3: Sustained Objection No. 4: Sustained as to Exhibit 5 only, Overruled as to remainder Objection No. 5: Overruled Objection No. 6: Sustained as to Exhibit 14 only, Overruled as to remainder Objection No. 7: Overruled Objection No. 8: Overruled Objection No. 9: Overruled Objection No. 10: Overruled Objection No. 11: Overrule...

Excerpt: ... fraud or malice required to support a punitive damage award. Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63. In order to state a prima facie case of punitive damages a complaint must set forth the elements of punitive damages. Id. These allegations include that a defendant was guilty of oppression, fraud or malice. Id. Plaintiffs' complaint requests punitive damages but alleges no facts that would constitute op...

Excerpt: ... Pursuant to CCP § 1032, the party prevailing in most civil cases may recover costs of suit in any action or proceeding. See CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606. The award of costs pursuant to section 1032 is discretionary, and the costs recoverable are restricted to only those costs that are both reasonable in amount and reasonably necessary to the conduct of the litigation. CCP § 1033.5(c)(2)(3). The Court has the po...

Excerpt: ...ay move for judgment on the pleadings if the complaint states sufficient facts to constitute a cause of action and the answer does not state facts sufficient to constitute a defense to the complaint. Here, Plaintiff has alleged a common count cause of action to collect on a debt; specifically, account stated, open book account and money lent. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain...

Excerpt: ...Notice: Defendants requests for judicial notice are GRANTED. Summary Judgment Standard: CCP § 437c states a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact as to the challenged cause of action and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no merit if the party has s...

Excerpt: ...al Notice of Defendant's answers to discovery where Defendant has admitted, that all the allegations are true, thus entitling Plaintiff to judgment on the pleadings. Request for Judicial Notice: Plaintiff's request for judicial notice is unopposed and GRANTED. Merits of Motion: Plaintiff has alleged a common count cause of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in ...

Excerpt: ...order. The motion shall be “based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order.” Id. The application must include an affidavit showing what application was made before, when and to what judge, what orders or decision were 2 made, and what new or different facts, circumstances, or law are claimed to be s...

Excerpt: ...overruled. Merits of Motion. The purpose of a summary judgment motion is to cut through the pleadings to determine whether trial is necessary. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 841. The Court must grant the motion if all the papers submitted show “there is no triable issue as to any material fact” and that the “moving party is entitled to a judgment as a matter of law.” Id. “A defendant or cross‐defendant has me...

Excerpt: ...that further meet and confer efforts would be unproductive. The Court will therefore proceed to issue a ruling on the merits. Standards of Demurrer: A generally demurrer should be sustained if the complaint fails to “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can also be brought on the grounds that the pleading is “uncertain.” CCP § 430.10(f). A demurrer can be used to challenge defects th...

Excerpt: ...asement for ingress and egress to and from the Upper Sacramento River. The Amended Judgment also ordered Defendants to remove or modify the portion of the chain link fence that prevents Plaintiff's use of the easement. Now Plaintiffs seek further orders against the Defendants on the grounds that the gate and chain link fence continue to interference with Plaintiff's easement. The general rule is “the owner of the servient tenement may make any ...

Excerpt: ...ss the moving party's evidence. Further, the separate statement in opposition is not in any of the formats prescribed by CRC 3.150(h). The Court will overlook the procedural defects and issue a ruling on the merits. Evidentiary Defects: Defendant has submitted no evidence in support of its opposition and separate statement. The Court notes that Defendant's separate statement cites to a declaration but no declaration was submitted. Therefore, ther...