Excerpt: ...ment neglig ent misrepresentation, and 5) add a cause of action for violation of Magnuson Moss Warranty Act. Defendant General Motors LLC opposes the motion. Merits: CCP § 473(a)(1) permits any pleading to be amended in furtherance of justice and on any terms as may be proper, after notice to the adverse party. The Court's discretion in this regard will usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 9...

Excerpt: ...ement does n ot state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demu rrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Peter Witherington i...

Excerpt: ...e of action pursuant to CCP 430.10(e), and is uncertain pursuant to CCP 430.10(f). Houseboating has concurrently filed a Motion to Strike, which argues that if the Court sustains the demurrer on the third cause of action, punitive damages must be struck from the FAC . The analysis and outcome on Houseboating's Demurrer and Motion to Strike is the same as for the Silverthorn Demurrer and Motion to Strike, which was made on substantially similar g...

Excerpt: ... access to cou rt proceedings. Dep't of Fair Emp. & Hous. v. Superior Ct. of Santa Clara Cnty. (2022) 82 Cal. App. 5th 105, 108 (“DFEH”). Because of the inherently sensitive nature of some proceedings, statutes specifically allow for keeping certain parties' identities confidential. (See, for example, Civ. Code, § 1708.85, subd. (f)(1) [plaintiff in action for nonconsensual distribution of sexually explicit materials may proceed un...

Excerpt: ...nts to pr oduce the PMQ within 15 days. The PMQ was deposed on November 29, 2023, pursuant to the parties' agreement. Plaintiff established that the PMQ testified as to categories 1 -2, and 9 -13 only. Plaintiffs thereafter moved for issue and evidence sanctions an d to compel further deposition of a PMQ on the remaining categories, which the Court granted in part on January 4, 2024 (the hearing on the motion held January 2, 2024, and the Court ...

Excerpt: ...rial or as a basis of adjudication and a presumption of openness of substantive court proceedings in ordinary cases, our Supreme Court in NBC Subsidiary (KNBC –TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, (NBC Subsidiary ) set forth the findings that both the t rial and appellate courts must expressly make to seal a record. (Id. at pp. 1200, 1208 –1209, fn. 25.) Courts must find that (1) there is an overriding interest supporting sea...

Excerpt: ...iff filed a First Amended Representative Complaint for a Violation of Labor Code § 2698, et seq. on February 13, 2024. There is no longer a class action allegation. In the original moving papers, Defendant moved for a stay or dismissal of the action. In Defendant' s Supplemental Briefing on Petition to Compel Arbitration filed on March 14, 2024, Defendant only requested a stay pending arbitration. Plaintiff does not oppose arbitration but doe...

Excerpt: ...al Notice: The requests for judicial notice are unopposed. The Court grants the requests for judicial notice. Objections to Evidence: Defendant's Objections Nos. 1 -3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8 - 15 are OVERRULED. Defendant 's Objection to Mr. Obagi's 3 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause o...

Excerpt: ...res the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demur rer.” The Declaration of Reuben B. Jacobson provides sufficient evidence of meet and confer efforts. Merits. A demurrer should be sustained if the complaint fails to “state facts s...

Excerpt: ... filed Decemb er 7, 2023. This request is granted pursuant to Evid. Code §§ 452(d) and 453. Meet and Confer. CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for t he purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Katharine McCallum provide...

Excerpt: ...e objections to be raised in the demurrer.” Defendant provided no evidence of this and did not file a declaration addressing meet and confer efforts as required by CCP § 430.41(a)(3). However, Plaintiff did not raise an issue regarding meet and confer efforts and De fendant alleged in the Notice of Motion that counsel wrote a meet and confer letter to Plaintiff's counsel. “A determination by the court that the meet and confer process was in...

Excerpt: ...erica (Saf eco) is Plaintiff's alleged insurer. Safeco demurs to the Second Cause of Action of Plaintiff's First Amended Complaint (FAC), on the grounds that it fails to state facts sufficient to constitute a cause of action against Safeco pursuant to CCP 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the ...

Excerpt: ... state facts sufficient to constitute a cause of action pursuant to CCP § 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Peter Witherington indicates complia...

Excerpt: ... Commission now moves to change venue pursuant to Code of Civil Procedure section 394. Plaintiffs oppose the motion. The parties agree that Shasta County is an appropriate initial venue for filing. They disagree as to whether section 394, a removal statute, app lies in this case. Code of Civil Procedure section 394 provides, in pertinent part: [A]ny action or proceeding brought by a county, city and county, city, or local agency within a certain...

Excerpt: ...nly known a s a Pitchess motion. See Pitchess v. Superior Court (1974) 11 Cal.3d 531. Pitchess motions have been codified in Evid. Code § 1043 which requires a written motion in both civil and criminal actions. Evid. Code § 1043(a). The motion shall include: “1) identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the ...

Excerpt: ...Reques t for Judicial Notice. The Court further notes that the Declaration of Andrew S. Pletcher provides evidence establishing how each of the documents in Requests 2 -8 (Ex. A -G) were obtained. Plaintiffs' Requests for Judicial Notice are granted pursuant to Ev id. Code §§ 452(h) and 453. Post jurisdictional discovery, Plaintiffs also requested the Court take judicial notice of three maps from Google Maps pursuant to Evid. Code §§ 452 and ...

Excerpt: ...or, managi ng agent, employee, or agent most qualified in the following categories: 1. Research and Development of any and all stanchions built on Defendant Sierra Pacific Industries' Property. 2. Safety measures/concerns/or considerations taken into account in the d esign of all stanchions built on Defendant Sierra Pacific Industries' Property. 3. Any and all differences between the subject stanchion involved in Plaintiff's injury and the new...

Excerpt: ...d with the Second Amended Notice of Taking Deposition of Witness Jonathan Martin and Request for Production of Documents on September 15, 2023. The Second Amended Notice noticed a Deposition of Jonathan Martin on October 18, 2023. Defendant also provided a Depo sition Subpoena compelling Jonathan Martin to appear on October 18, 2023, with an attached Proof of Service indicating that Jonathan Martin was personally served with the Deposition Subpoe...

Excerpt: ...the Third Amended Complaint. The Cross- Complaint filed on January 12, 2022 contains nine separate causes of action. The Answer filed on March 25, 2022 alleges twenty affirmative defenses to the Cross -Complaint. Plaintiff does not state in the Notice of Motion whether Plaintiff is proceeding with a motion for summary judgment on the Complaint, the CrossComplaint, or both. Instead, the Notice states that Plaintiff prays “That the Court issue ...

Excerpt: ...73. Plaint iffs allege Kacalek suddenly and unexpectedly lost consciousness while en route to an emergency call, causing the Subject Vehicle to go off the road and overturn. Plaintiffs Ryan and Charity Kacalek allege Strict Product Liability and Negligence [Product Liability] against Defendants Faurecia USA Holdings, Inc. and Faurecia Emissions Control Technologies USA, LLC (“Defendants,” for purposes of this Motion). Plaintiffs allege design...

Excerpt: ... discovery law provides for a broad range of sanctions for conduct that amounts to abuses of the discovery process including evidentiary and issue sanctions. Cedars -Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. The spoilation of evidence can be a n abuse of discovery. Id. Spoilation of evidence is defined as “the destruction or alteration of relevant information or the failure to preserve evidence for another party's use in ...

Excerpt: ...ovides t hat “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other ...

Excerpt: ...that i t is uncertain and fails to state sufficient facts for a cause of action. Plaintiffs oppose the demurrer. Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Ian Schar...

Excerpt: ... or impro per matter inserted in any pleading;” or 2) “strike out all or any part of any pleading not drawn in conformity with the laws of this state.” CCP § 436(a) & (b). A motion to strike is the proper method to challenge an improper request for punitive damage s. Caliber Bodyworks, Inc. v Superior Court (2005) 134 Cal.App.4th 365, 385. In order to seek punitive damages, a plaintiff must plead that the defendant was guilty of oppression...

Excerpt: ...f America (Safeco) is Plaintiff's insurer. Safeco moves for an order severing Plaintiff's claims against Safeco from Plaintiff's claims against Defendants Simao, Rayfifield, and Reservoir Lane, LLC, pursuant to CCP § 598 and § 1048(b), Evid. Code § 1155, and the Court's inherent powers. These code sections do not directly support a motion to sever related to claims at the outset of litigation. “Although judges and lawyers commonly use the ...