Excerpt: ...action.” (Kelly v. House (2020) 47 Cal.App.5th 384, 393, quoting Bell v. Vista Unified Sch. Dist. (2000) 47 Cal.App.4th 672, 686‐687.) Although apportionment may not be necessary if attorneys' fees are incurred for representation on an issue common to causes of action for which attorneys' fees are proper and for which they are not, or if it is impracticable or impossible to separate the attorneys' time into compensable and noncompensable unit...

Excerpt: ...Act. With respect to the lodestar amount, Plaintiff's billed hours are generally reasonable with some exceptions. The nature of this litigation is routine with standardized pleadings and discovery requiring minimal adaptation for use in this suit. The case resolved early with no law and motion other than this fee motion (which took longer to draft than the complaint). Despite the simplicity of the suit, Plaintiff utilized five different attorneys...

Excerpt: ...construed and must correctly set forth the amounts required to cure the default. (Angell v. Superior Court (1999) 73 Cal.App.4th 691, 699; Sweatt v. Foreclosure Co. (1985) 166 Cal.App.3d 273, 278.) A trustee's sale based on a deficient notice of default would be invalid. (Miller v. Cote (1982) 127 Cal.App.3d 888, 894.) Plaintiff would suffer irreparable harm absent the injunction and the balance of harms favors Plaintiff. Posting of an undertakin...

Excerpt: ...pute regarding these matters has been rendered moot by the service of amended responses. Should Plaintiffs continue to find any of these responses insufficient, they may file an appropriate motion within 45 days of the service of verified responses or any later date to which the parties agree in writing. (Code Civ. Proc. §§ 2031.310(c), 2033.290(c).) The court reminds the parties that they must make a “reasonable and good faith attempt at an ...

Excerpt: ...onses in her counsel's October 2, 2020 communication with Plaintiff. This is unavailing because the October 2, 2020 communication was simply a letter, not a set of verified responses to discovery, and was not timely provided. A meet and confer letter arriving after the filing of a motion to compel cannot moot the motion to compel. The court notes that the failure of SUZANNE's counsel to timely respond to GERALD's requests for stipulations to exte...

Excerpt: ...963) 60 Cal.2d 303, 305; Brizuela v. CalFarm Ins. Co. (2004) 116 Cal.App.4th 578, 590.) Actual prejudice, such as the substantial likelihood that a trier of fact would have found in favor of the insured had the insured not breached the cooperation clause, must be shown. (Billington v. Interinsurance Exch. of S. Cal. (1969) 71 Cal.2d 728, 737‐738; State Farm Fire & Cas. Co. v. Miller (1970) 5 Cal.App.3d 837, 840.) Defendant presents undisputed e...

Excerpt: ...defendants BARBER AUTO MALL PROPERTIES, L.P.; BARBER FAIRFIELD MANAGEMENT COMPANY, LLC; and RONALD L. BARBER (“BARBERS”) is subject to arbitration and the scope of that arbitration. It is undisputed that the Real Estate Purchase Agreement (“REPA”) assigned to Crosscomplainant contains an arbitration clause. Any party to a contract containing an arbitration provision may file a petition to compel arbitration of a dispute or disputes, as lo...

Excerpt: ... Plaintiff's counsel used the identical lengthy recitation of complaints regarding the subject parking lot which predated the subject incident and listed a long series of documents produced by Defendant. The responses are not responsive to the specific question asked by defense counsel in Special Interrogatories 8 and 14. And, other than boilerplate general objections at the beginning of the Response, no specific objections were raised by Plainti...

Excerpt: ... Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) 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 acqua...

Excerpt: ...of the Valley Hospital Radiology, and Lucky Pharmacy. VICKIE's motion is partially granted and partially denied. While individuals have a constitutional and statutory right to privacy in their medical and psychological records, that right to privacy may be waived by a plaintiff placing her mental status at issue in the course of litigation. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014 (Davis).) An implicit waiver of rights encompasses...

Excerpt: ...edical and psychological records, that right to privacy may be waived by a plaintiff placing her mental status at issue in the course of litigation. (Davis v. Superior Court (1992) 7 Cal.App.4th 1008, 1014 (Davis).) An implicit waiver of rights encompasses discovery “directly relevant” to the plaintiff's claim and “essential to the fair resolution of the lawsuit.” (Ibid.) Subsequent to responding to discovery describing the scope of her e...

Excerpt: ...lice” means conduct intended to cause injury. (Civ. Code, § 3294, subd. (c)(1).) A plaintiff may not conduct pretrial discovery with respect to evidence of a defendant's financial condition without a court order permitting such. (Civ. Code, § 3295, subd. (c).) The court may grant such an order upon motion by the plaintiff supported by affidavits, and a hearing if the court deems one necessary, if the court finds that there is a substantial pr...

Excerpt: ...not to actions for breach of contract. Plut v. Fireman's Fund Inc. (2000) 85 Cal.App.4th 98. Introduction of evidence regarding insurance is admissible if it is not offered to prove negligence or wrongdoing. Seeno Motion in Limine No. 2: to exclude allocation of defense costs, and to exclude evidence of reasonableness of defense costs. Denied. Case law allows the allocation of defense costs. See, e.g., Pulte Home Corporation v. CBR Electric (2020...

Excerpt: ...ained for multiple reasons, the court does not reach Defendant's arguments that the claims were released pursuant to a settlement or that the individual claims are barred. In 2011, Plaintiff filed Solano County Superior Court Case No. FCS038985 against Defendants HSBC Bank USA, N.A., Accredited Home Lenders, Inc., Western Progressive, LLC and Does 1‐100, alleging improprieties surrounding the foreclosure of her home (the “Property”). (Reque...

Excerpt: ...tion of $210 in filing and service costs, Defendants claim costs that are not authorized by statute, mostly consisting of travel and meal expenses that were not incurred to attend depositions. Defendants have not opposed this motion and have not justified any of these expenses as reasonably necessary to the conduct of the litigation or reasonable in amount. (Code Civ. Proc. § 1033.5(c).) Accordingly, these $14,087.53 in “other costs” shall b...

Excerpt: ...icial notice of the complaint in this case. The court need not take judicial notice of a document that is already a part of the record of this case. Legal Theories of Public Entity Liability for Dangerous Conditions. The issue is whether Plaintiff may maintain causes of action holding Defendant liable for the negligence of its employees and independent contractors that may have caused his injury from tripping over a jagged metal post on the sidew...

Excerpt: ...will not lie to only a part of a cause of action; therefore, to prevail on the demurrer Defendant must demonstrate that the SAC fails to state both of these claims. Violation of §1.1 LAW AND MOTION TENTATIVE RULINGS DATE: OCTOBER 23, 2020 TIME: 8:30 A.M. 3 In ruling on the demurrer to the FAC the Court found that Plaintiffs had not stated a violation of §1.1. Plaintiffs have not changed their core allegations as to a violation of this section, ...

Excerpt: ...��COCA‐COLA”) and Defendant RANDSTAD US, LLC. (“RANDSTAD”) in connection with his employment at a COCA COLA packing plant between October 2018 and March 2019. APODACA alleges he was a temporary employee hired through RANDSTAD's Fairfield office to work at the plant located in American Canyon. On February 7, 2020, RANDSTAD filed the instant demurrer and motion to strike. That same date, COCA‐COLA filed its special demurrer, demurrer and ...

Excerpt: ...isposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) #1. DARREN objects that Plaintiff's “Compendium of Evidence” (CE”) item 1A, a Vallejo Police Department police report, is hearsay. The objection is sustained. #2. DARREN objects that Plaintiff's CE‐1B, a transcript of the hearing in Solano County Case No. FCS048949, is hearsay and selectively edited. DARREN specifically objects to three sections of the transcript Plaintiff c...

Excerpt: ...e statutory basis of Plaintiff's first cause of action outright and provides Plaintiff standing to maintain her second cause of action. Its repeal as of January 1, 2020 is thus a point of major concern to this demurrer. (Civ. Code, § 2920.7, subd. (o) [statute automatically repealed Jan. 1, 2020].) It is “a general rule…that a cause of action or remedy dependent on a statute falls with a repeal of that statute, even after the action thereon ...

Excerpt: ...ICH is overruled. Legal Standard. The function of a demurrer is to test the 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...

Excerpt: ..., based upon Defendants' opposition agreeing to a limited resumption. The court is also concerned regarding the apparent failure of defense counsel to provide the PMK with timely notice of the demand for production of documents to ensure production of new documents responsive to any requests generated between 2018 and the date of deposition. It appears that counsel acknowledged that records pertaining to sales of houses and a check register were ...

Excerpt: ...tch purchases and that Defendant charges multiple insufficient funds fees (“NSF Fees”) on single purchases, in violation of its contracts with Plaintiff and others similarly situated. Judicial Notice. The court takes judicial notice of all items Defendant proffers as facts not reasonably subject to dispute or as records of courts of the United States, as appropriate. (Ev. Code § 452, subds. (d), (h).) Legal Standard. “The function of a dem...

Excerpt: ...ees other than the amount of $1,520.00. The two other types of costs challenged by this motion appear in the “other” category, and consist of $2,549.47 in RecordTrak billings, and $67,274.80 in expert fees. RecordTrak billings reflect the equivalent of subpoenas to obtain records. Plaintiff fails to establish that the billings are simply photocopy fees. Fees incurred to subpoena records are recoverable. (Naser v. Lakeridge Athletic Club (2014...

Excerpt: ...tion may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certai...