Excerpt: ...ity discrimination, (5) retaliation, (6) retaliation under the Family and Medical Leave Act (the “FMLA”) and California Family Rights Act (the “CFRA”), and (7) wrongful termination. Defendant alternatively and in addition moves for summary adjudication on the issue of its liability for punitive damages. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of act...

Excerpt: ...t reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her. [Khoury v. Maly's of Calif., Inc. (1993) 14 CA4th 612, 616, 17 CR2d 708, 710 (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 CA5th 677, 695, 251 CR3d 423, 439] Comment: Otherwise, judges usually make short shrift of demurrers for uncertainty. They expect counsel to clear up any ambiguities through disco...

Excerpt: ...uest for Judicial Notice. The court takes judicial notice of four plea agreements entered in federal cases between the United States government and Jeffrey Carpoff, Paulette Carpoff, Ronald Roach, and Alan Hansen. (Evid. Code, §452(d).) Specific Jurisdiction. California courts may exercise personal jurisdiction “on any basis not inconsistent with the Constitution of this state or of the United States.” (Code Civ. Proc., § 410.10.) The exerc...

Excerpt: ...ENTIC FAIRFIELD LLC TENTATIVE RULING A preliminary question posed by the filing of these demurrers is whether a party named as a “real party in interest”, but not a “respondent” or “defendant”, and against whom no causes of action are clearly identified, and no charging allegations of wrongdoing made specific to that party, is one who can challenge the causes of action in the pleading by way of demurrer. The term “real party in inte...

Excerpt: ...ing is so produced, the testimony of the witness concerning such matter shall be stricken.” Here, a colossal series of delays occurred. First, the deposition, which was being taken remotely via Zoom, did not start at the appointed time although defense counsel and court reporter were ready and waiting. Thirteen minutes after the deposition was to begin, Hawkins and his attorney appeared on Zoom. Hawkins was unprepared to review documents remote...

Excerpt: ...” if the filing of the petition then causes the agency to produce the responsive documents, before the petition is ruled upon by the court. Sukumar v. City of San Diego (2017) 14 Cal.App.5th 451, 463‐464. In the present case, Respondent CITY OF FAIRFIELD (“CITY”) did produce some responsive documents, at various times, all after the filing of this writ petition in September 2018. The total number of pages of these later‐produced documen...

Excerpt: ...OR LIVING, ET AL. Case No. FCS057259 Defendant's Petition to Compel Arbitration; TENTATIVE RULING Petition to Compel Arbitration Defendant's petition to compel arbitration is granted. The relevant issue is not whether Plaintiff's daughter, Sandra Aguilar, was authorized to admit Plaintiff to Defendant's residential care facility, but whether Aguilar was authorized to agree to arbitrate disputes. (Theresa D. v. MBK Senior Living LLC (2021) 73 Cal....

Excerpt: ...hy leave is proper, when facts supporting amendment were discovered, and why leave was not requested earlier. (Cal. Rules of Court, rule 3.1324(b).) Plaintiff does not include a declaration stating when he discovered the facts supporting any of his new allegations, particularly as to the new allegations against DUNCAN and KADOYA, and why those facts could not have been discovered and alleged earlier. Further, Plaintiff's government claim as prese...

Excerpt: ... court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Plaintiff's objections 1 through 6 to the Declaration of Kirsten White in Support of Defendant's Motion for Summary Judgment (White) are overruled. Ms. White establishes a foundation for her expertise in relevant matters. Plaintiff's objection 18 to her deposition testimony at page 41, line 23 to pa...

Excerpt: ...ies outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Page 3 of 3 It does not suffice to include within the settlement agreement a stipulation...

Excerpt: ...nd taken. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §7:292. Discovery admissions cannot be considered on a motion for judgment on the pleadings. No extrinsic evidence: The motion normally lies only for defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper. Therefore, the judge hearing the motion cannot consider ...

Excerpt: ...ar either on the face of the pleadings or upon facts of which the court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. In general, where an answer totally fails to deny a material allegation, the allegation is treated as a binding admission. 5 Witkin, California Procedure (6th ed. 2021) Pleading, § 1090, p. 522. The same is true if the answer contains a proper denial, but the denial is directed to an allegation ...

Excerpt: ...wing six exhibits: (A) a New York Times article dated April 27, 2020; (B‐C) two California Public Records Act requests Petitioner has made concerning the set of land use approvals known as the “Fairview at Northgate Project” (the “Project”); (D) Respondent CITY OF VALLEJO's (“VALLEJO”) response to Exhibit B; (E) a proposed deed restriction; and (F) the unredacted version of a June 9, 2020 letter sent to the Vallejo City Counsel. A r...

Excerpt: ...state estate. That petition was assigned case number FPR048670. The petition identified the home as an asset of the estate, and in addition to Plaintiff also identified two adult sisters as potential heirs. The probate case was dismissed by the court in January, 2019, after continued failure of the petitioner to perfect defects. Plaintiff's opposition contends that he has plead the existence of damages and that based upon his reliance that he wou...

Excerpt: ...vidence. In ruling on a motion for summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Moving Defendants' objections to Plaintiff's separate statement of undisputed facts on the basis of materiality and relevance are overruled. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot est...

Excerpt: ... driven by Defendant Bartley. (Complaint, ¶¶ 3‐5, 7, 11‐13, 15; Amendment to Complaint.) Negligence may be alleged in general terms. (Lopez v. S. Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795; Stowe v. Fritzie Hotels, Inc. (1955) 44 Cal.2d 416, 421; Rannard v. Lockheed Aircraft Corp. (1945) 26 Cal.2d 149, 154.) “[A]fter what was done has been stated, it is sufficient to allege that it was negligently done, without stating the particu...

Excerpt: ...he court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. In his answer, Defendant denied paragraphs 5, 7, 8, 11, 12, 14 of Plaintiff's complaint based on lack of information or belief. Those are the operative paragraphs alleging the elements of common counts; an unpaid debt that a defendant owes to plaintiff. 4 Witkin, California Procedure (6th ed. 2021) Pleading, § 565, p. 654. Therefore, DEFENDANT has specifica...

Excerpt: ...ither on the face of the pleadings or upon facts of which the court may take judicial notice. C.C.P. § 438(d); see California Evidence Code § 452. Other extrinsic evidence, such as discovery admissions controverting the pleadings, cannot be considered on a motion for judgment on the pleadings. Weil & Brown, Civil Procedure Before Trial § 7:322, p. 7(I)‐92. PLAINTIFF only relies on the discovery admissions in this case to argue that there are...

Excerpt: ...Court on December 17, 2019. (Complaint, par. 1). Plaintiff clearly had notice of the potential joint responsibility of the Superior Court as a potential owner of the sidewalk given that she expressly plead that she was leaving the court building when she tripped “directly in front of the Solano County Superior Court.” (Complaint, par. 1). Government Code, section 915(c) clearly specifies the manner in which a claim against a superior court sh...

Excerpt: ...022, which was expressly stipulated to by the parties. The untimely opposition is stricken. 3 Parties to appear to discuss procedural aspects of this case including the stipulation to amend the complaint discussed on the record on April 23, 2021. This case was returned on remittitur after the trial court granted summary judgment. However, the court understands that the causes of action that were returned by the appellate court were solely a cause...

Excerpt: ...oversy and that a party to the agreement refuses to arbitrate. (Code Civ. Proc., § 1281.2.) In ruling on a petition to compel arbitration, the trial court shall order parties to arbitrate if it determines that a valid agreement to arbitrate the controversy exists by utilizing principles of California contract law. (Luxor Cabs, Inc. v. Applied Underwriters Captive Risk Assurance Co. (2018) 30 Cal.App.5th 970, 977.) Though California and federal l...

Excerpt: ...dants' motion to strike punitive damages as to minor defendant CHARLES THOMAS PAUL is denied. A motion to strike challenges pleading issues that are usually not addressable on a demurrer, including “irrelevant matter.” (Weil & Brown, Civil Procedure Before Trial, §§ 7:179, 7:182, pp. 7(1)‐76, 7(1)‐77.) Irrelevant matter includes demands for judgment requesting relief not supported by the allegations of the complaint. (CCP § 431.10) A m...

Excerpt: ...the court to have been reasonably incurred by the buyer in connection with the prosecution of his action. (Civ. Code, § 1794, subd. (d).) When awarding these required fees a court must make an initial determination of the actual time expended and then ascertain whether under all the circumstances of the case the amount of actual time expended and the charge for the time are reasonable. (Hanna v. MercedesBenz USA, LLC (2019) 36 Cal.App.5th 493, 5...

Excerpt: ...ative decision to demonstrate wherein the proceedings were unfair, in excess of jurisdiction, or showed ‘prejudicial abuse of discretion'”].) Nothing in the administrative record lodged with the court suggests that Petitioner was not given adequate notice of the pendency of the action or that he was denied an adequate opportunity to present his objections. (Doe v. Regents of Univ. of Cal. (2016) 5 Cal.App.5th 1055, 1077.) The court notes that...

Excerpt: ...igation is not absolute” and counsel has a duty to “not withdraw from employment until [s]he has taken reasonable steps to avoid foreseeable prejudice to the right of [her] client.”. (Vann v. Shilleh (1975) 54 Cal.App.3d 192, 197.) “It [is] the duty of the trial court to see that [the client is] protected, so far as possible, from the consequences of [counsel's] improper abandonment of [her] client.” (Ibid.) At the September 20, 2021, c...