Excerpt: ...the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reasonable and go...

Excerpt: ...ort to resolve the discovery disputes before filing the motion. C.C.P. The purposes behind the meet and confer requirement are to force the parties to reexamine their positions, and to narrow their disputes to the "irreducible minimum" before asking the court to resolve them. Edmon & Karnow (We-I & Brown), Civil Procedure Before Trial, 58:1159; See also Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1281, quoting Townsend v. Superior Court (1998)...

Excerpt: ...f attachment [Code Civ. Proc, S 482.070, subd. (d)]; applications for writs of possession [Code Civ. Proc„ S 512.030, subd. Defendant has filed no responsive pleading in this action identifying an address of record. Plaintiff's proof of service indicating only service by mail is insufficient in the circumstances. Further, paragraph 05 of the presented settlement agreement between the parties states that Plaintiff shall prepare and file a notice...

Excerpt: ...omplaint against the SCHOENFELDS and Defendant SAFECO INSURANCE COMPANY ("SAFECO") alleges that the SCHOENFELDS contracted with CHOUDHERY for towing and storage of their truck, that SAFECO has issued the SCHOENFELDS an insurance policy obligating it to pay fts insureds' towing and storage costs, that CHOUDHERY performed towing and storage services pursuant to the parties' agreement, and that the SCHOENFELDS and SAFECO have not paid CHOUDHERY. The...

Excerpt: ... would support judgment on the pleadings in favor of Defendants, probably with leave to correct these deficiencies, if they can be corrected (the court finds the discovery responses by SKINNER suggestive but not conclusive as to her lack of standing to pursue a survivor action following the death of the named plaintiff). Nevertheless, summary judgment is proper here because Defendants presented suffcient evidence to negate the element of breach o...

Excerpt: ...A, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reas...

Excerpt: ...f 4 the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secton 2016.040 requires a declaration "showing a reasonable and...

Excerpt: ...to prevent Plaintiff from taking possession of the property, they may file with the court an undertaking in the amount of to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc. S 515.020.) The levying offcer is not authorized to enter a private place to take possession of the property. Plaintiff has not provided the court with any competent evidence establishing probable ...

Excerpt: ...lege breach of the implied Page 2 of 3 warranty of habitability and related claims with regard to real property (the "Property") rented from Defendants. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work discovery issues out before resorting to a motion to compel further responses. The trial court has discretion in determining whether adequate meet and confer efforts preceded the fil...

Excerpt: ...at trust instrument, but would be a beneficiary to an earlier trust, if that later trust instrument were invalidated. Reading the Probate Code section consistent with the statutory scheme as a whole, and examining the statutory language to give it commonsense meaning, we conclude that claims that trust provisions or amendments are the product of incompetence, undue influence, or fraud, as is alleged here, should be decided by the probate court, i...

Excerpt: ...nterrogatories and requests for production, or to compel a deponent to produce documents and/or appear for a new deposition to answer specific questions posed at a prior deposition, the moving party must engage in meet and confer efforts to try to resolve the disputes. C.C.P. 52025.480(b) [deposition]; [interrogatories]; [requests for production]. The trial court has discretion in determining whether adequate meet and confer efforts preceded the ...

Excerpt: ...aintiffs complaint alleges that Defendants three securities from him as satisfaction of the deed of trust they held against his home but foreclosed on the home and sold it regardless. Mootness of Demurrer and Motion. The court has not received opposition to the demurrer; however, Plaintiff filed a first amended complainton August 15, 2023. Plaintiff filed his amended complaint a day late. It is not valid and it does not mint consideration of Defe...

Excerpt: ... a cause of action for legal malpractice are (1) the attorney-client relationship or other basis for duty; (2) a negligent act or omission; (3) causation; and (4) damages." (Slovensky v. Friedman (2006) 142 Cal.App.4th 1518, 1528, quoting Kurinij v. Hanna & Morton (1997) 55 Cal.App.4th 853, 863, italics in original.) The duty is for an attorney to "use such skill, prudence, and diligence as members of his or her profession commonly possess and ex...

Excerpt: ...edure section 435, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc., S 431.10.) "The grounds for a moton to strike s...

Excerpt: ...the arbitration agreement. The contract to rent the storage space and inclusive of the arbitration provision was provided by UHAUL (and Plaintiff also attached a copy to the complaint, and has not disputed that she signed the contract). The arbitration provision also contains a waiver of the right to pursue or participate in representative actions. Page 2 of 7 Plaintiff's opposition to this motion to compel arbitration raised two basic arguments:...

Excerpt: ... every original purchaser executed a purchase agreement that included a requirement that all post-closing disputes would be resolved pursuant to a separately executed "Individual Dispute Resolution Agreement" and a "Master Dispute Resolution Declaration". (Decl. of Kelly, 3, Exh. 1, S 20.) The "Declaration" set forth the claims process, including the "mandatory arbitration procedures [for] all post-closing Disputes between Declarant and Owner". (...

Excerpt: ...c policy. Summarized, Plaintiff argued that Defendant terminated her employment because she made whistleblower complaints; Defendant argued that it terminated her employment for the legitimate independent reason that she unnecessarily included patient health information ("PHI") in those complaints in violation of company policy and direct warnings. Legal Standard. Bases for a new trial moton include, as relevant, irregularities in the proceedings...

Excerpt: ...home (the "Property") from Defendants VLADISLAV FRENK ("FRENK") and AIDA NAFTALIYEV. Notice of Tentative Ruling. ALLIANCE's notce of demurrer does not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under Local Rule 3.9, subdivision (d). ALLIANCE is cautioned to observe local rules going forward. Legal Standard on Demurrer. "The function of a demurrer is to test the sufficiency of the comp...

Excerpt: ...ve golf car. The court has received S&S's reply to Plaintiff's opposition to the motion, as well as S&S's reply to Plaintiff's response to S&S's proffered undisputed material facts. The court has not received a response by S&S to Plaintiff's proffered undisputed material facts. Objections to Evidence. In ruling on a motion for summary judgment or adjudication the court need only rule on those evidentiary objections that it deems material to its d...

Excerpt: ... system, as is required under Local Rule 3.9, subdivision (d). Plaintiffs are cautioned to observe local rules in future filings. Legal Standard on Demurrer. Code of Civil Procedure section 430.20 authorizes a party to demur to an answer to the party's complaint where the answer does not state facts sufficient to constitute a defense. Demurrers to complaints and demurrers to answers generally follow the same analytical process. (South Shore Land ...

Excerpt: ... the interpretation and scope of this Arbitration Provision and the arbitrability of the claim or dispute) which arises out of or relates to [the] condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) [to] be resolved by neutral binding arbitration". (Ibid.) Although Defendant Nissan North America, Inc. was not a signatory to this ag...

Excerpt: ... its joint agent TRI Commercial Real Estate Services lnc and other persons and entities with whom DMP has communicated with during the course of the transaction which is the subject of this action." This response does not consist of a statement that Defendant will comply with the document request, a representation that Defendant lacks the ability to comply with the document request, or an objection to the document request. (Code Civ. Proc. S 2031...

Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...

Excerpt: ...omplaint alleges that GOMEZ refused to expunge a lis pendens on SHARMA's real property (the "Property") despite a July 14, 2022 court order and that GOMEZ has converted SHARMA's property. The court has received opposition to the ant-SLAPP motion but has not received opposition to the demurrer. GOMEZ's Standing. The court disregards GOMEZ's arguments as to SHARMA's first cause of action, alleging professional negligence against Defendants ALI ARI ...

Excerpt: ...ch the defendant acted on behalf of the plaintiff in a transaction, and either misled or failed to fully disclose information they should have known, which was a substantial factor in causing the plaintiff harm. CACI 4111; Civil Code 51573. Fraud (intentional misrepresentation) involves making a knowing misrepresentation with intent to induce reliance, causing justifiable reliance and harm. Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App...