Excerpt: ... sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Te...

Excerpt: ... due by July 18, 2018. No responses were served and no extension was requested. On August 30, 2018, Defendant's counsel sent a meet‐and‐confer letter to Plaintiff's counsel requesting responses within 5 days. Again, no responses were served and no extension was requested. On March 12, 2019, Defendant's counsel sent correspondence to Plaintiff's counsel, again seeking responses to discovery requests. On March 20, 2019, Defendant's counsel forw...

Excerpt: ... in which she could cure this defect, the court provided Plaintiff with an opportunity to amend to specifically plead facts as to why the action is not barred by the statute of limitations. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641.) Plaintiff's FAC adds two paragraphs of allegations to address why her case is not time‐barred. Plaintiff alleges that: 1) Defendant requested information on the incident, notified Plaintiff that the ma...

Excerpt: ...filed in Solano County Superior Court on June 6, 2018, on behalf of Plaintiff JILLIAN WILSON in connection with medical care and treatment she received from Defendants KAISER FOUNDATION HOSPITALS et al. (collectively “KAISER”). At the time the suit was filed, an arbitration had already been initiated by Plaintiff on her claims of professional negligence or medical malpractice following submission of Plaintiff's written demand for arbitration ...

Excerpt: ... for the conduct of Defendant Heinemeyer. (See, Complaint, ¶¶ 4, 17‐20.) Consequently, Plaintiff was required to comply with the claims presentation requirements of the Tort Claims Act by pursuing written claims with the respective employing public entities for these public employees. (Gov. Code §§ 950.2, 950.6(a); Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 374; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 939; Julia...

Excerpt: ...fer Receipt for this case, and the fact that HORNE is a marriage and family therapist licensed by the California Board of Behavioral Sciences with license number 46660. The court does not need to take judicial notice of the two documents because they are already part of the record of this action. The court takes judicial notice of the fact of HORNE's license from a state licensing board as an official act of the executive department of the state ...

Excerpt: ...s the causes of action for “all defendants” which involve different contracts with different defendants and different alleged forms of breaches into a single cause of action for breach of contract. By incorporating by reference, using generic terms, and by failing to allege with specificity, Plaintiff's complaint is unnecessarily difficult to follow. However, a special demurrer for uncertainty is not intended to reach the failure to incorpora...

Excerpt: ...rder or for the renewal of a previous motion may be considered by any judge or court unless it is made according to this section”]. To renew a motion such as the earlier motion filed here by Defendant seeking relief from Judge Daniels' May order deeming admissions admitted, a party must file a motion per C.C.P. §1008(b), which sets forth new or different facts, circumstances or law that would justify a different result, and which identifies th...

Excerpt: ...use of action); failure to accommodate disability (5th cause of action); failure to engage in the interactive process (6th cause of action); retaliation (7th cause of action); and failure to prevent discrimination and retaliation in the workplace (8th cause of action). Because California's FEHA law is modeled on federal law (Title VII), California courts consider federal Title VII cases when applying FEHA, in discrimination and retaliation claims...

Excerpt: ...37c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) The undisputed material facts presented by Defendant fail to establish that the speed bump was not a dangerous condition on the property. That Plaintiff Michael Midkiff did not personally observe any liquid or other substance on the speed bump at the time of the accident does not establish that there were no substances or that the speed bump did not otherwise present a...

Excerpt: ...ranted. Defendant's claimed costs for subpoenas for medical, long term care, and school records are an “investigation expense” that cannot be shifted. (Code of Civ. Proc. § 1033.5, subd. (b)(2).) Plaintiffs motion to tax costs for filing fees and courier service is granted and denied. As the prevailing party, Defendant is entitled to recover filing fees. However, the numbers cited by Defendant are inconsistent with the schedule of filing fee...

Excerpt: ...nce, fourth cause of action for violation of the Ralph Act, and fifth cause of action for violation of the Bane Act are overruled. Plaintiffs have adequately alleged facts establishing that Defendant Forsythe owed them a duty not to create an unreasonable risk of injury to them and breached that duty by informing Defendant Snyder he would look the other way if Snyder drove over Plaintiffs' signs. (See, Lugtu v. Cal. Highway Patrol (2001) 26 Cal.4...

Excerpt: ...eatedly restated policy encourages liberality in allowing amendment. (See Frost v. Witter (1901) 132 Cal. 421, 424; Cardenas v. Ellston (1968) 259 Cal.App.2d 232; Kolani v. Gluska (1998) 64 Cal.App.4th 402, 412.) It is an abuse of discretion to deny amendment where amendment does not prejudice the opposing party. (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) DARREN asks to replace his form answer denying each of Plain...

Excerpt: ... covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action. (Farmland Irrigation Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215.) In exercising its discretion the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party and avoiding unseemly conflicts with courts of other jurisdictions...

Excerpt: ...n made in response to a request for admission if it obtains leave of court, which is only to be granted if the court determines that the admission was the result of mistake, inadvertence, or excusable neglect and the party that obtained the admission will not be substantially prejudiced. This provision applies to allow withdrawal of admissions that were deemed admitted as a penalty for failure to respond to propounded discovery. (Wilcox v. Birtwh...

Excerpt: ...tive damages requires both a showing that the defendant acted with a willful and conscious disregard of the rights or safety of others and that the conduct was despicable. (Civ. Code § 3294, subds. (a), (c)(1); Johnson & Johnson Talcum Powder Cases (2019) 37 Cal.App.5th 292, 332; Butte Fire Cases (2018) 24 Cal.App.5th 1150, 1161; Lackner v. North (2006) 135 Cal.App.4th 1188, 1211.) Conscious disregard is a “highly culpable state of mind” tha...

Excerpt: ...rer: whether a party is entitled to judgment as a matter of law. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205.) In considering such a motion the court may properly accept facts it may judicially notice or that cannot reasonably be controverted. (Columbia Casualty Co. v. Northwestern Nat. Ins. Co. (1991) 231 Cal.App.3d 457, 468.) “The motion normally lies only for defects fully disclosed on the face of the pleading under attac...

Excerpt: ... not taken further action to perfect notice to the court of any stay triggered by a bankruptcy. On October 15, 2019, Defendant represented to the court that Plaintiff had filed for bankruptcy on October 11, 2019, and therefore this suit was stayed. No evidence had been presented to the court of any bankruptcy filing. Plaintiff acknowledges filing for bankruptcy, but represents that that bankruptcy filing was dismissed December 12, 2019, and that ...

Excerpt: ... summary judgment” filed on February 22, 2019 in case number 2:17‐cv‐01313‐WBS‐DB, provided as Exhibit A of Defendant's request for judicial notice. In the federal action filed by Plaintiff against Defendant, the district court granted summary judgment in favor of Defendant. (RJN, Exh. A, p. 15.) In making this determination, the district court concluded that Defendant Tan arrested Plaintiff “pursuant to a reasonable belief that there...

Excerpt: ...me Sav. Of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) Defendant Horne is awarded a monetary sanction against Plaintiff in the amount of $525 for reasonable attorneys' fees incurred in opposing this motion. A motion for reconsideration of a discovery order is subject to sanction for misuse of the discovery process. (Mattco Forge v. Arthur Young & Co. (1990) 223 Cal.App.3d 1429, 1440‐1441.) Defe...

Excerpt: ...EW's (“JOE”) demurrers to Plaintiff's earlier action on these facts. The court takes judicial notice of this document as a record of a court of this state. (Ev. Code § 452, subd. (d).) Fifth Cause of Action: Interference with Contractual Relations. The elements of a cause of action for intentional interference with contractual relations are: (1) a contractual relationship between a plaintiff and a third party, (2) defendant's knowledge of th...

Excerpt: ...tober 25, 2019. The motion was filed November 15, 2019. The motion should have been finalized at the conclusion of the submission of evidence and/or raised prior to the court taking this matter under submission effective October 25, 2019. Second, Plaintiff did not disclose this claimed injury, damages or theory of recovery through discovery. Although the city was aware of the code enforcement citation that was apparently produced through discover...

Excerpt: ...to the Complaint based largely on the same arguments, but provided Plaintiff the opportunity to amend. In the interim, Plaintiff filed and served a First Amended Complaint, but after meeting and conferring with Defendants about alleged defects, voluntarily filed and served a Second Amended Complaint. Given the significant delay and many opportunities to amend, where the previously identified defects are repeated without correction, no further lea...

Excerpt: ...ranted. Defendant's claimed costs for subpoenas for medical, long term care, and school records are an “investigation expense” that cannot be shifted. (Code of Civ. Proc. § 1033.5, subd. (b)(2).) Plaintiffs motion to tax costs for filing fees and courier service is granted and denied. As the prevailing party, Defendant is entitled to recover filing fees. However, the numbers cited by Defendant are inconsistent with the schedule of filing fee...

Excerpt: ...t (1977) 73 Cal.App.3d 864, 872; G.D. Searle & Co. v. Superior Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) The court had previously considered Plaintiffs' allegation that Defendant had made vague and unspecified verbal threats of ...