Excerpt: ...dered Plaintiff's untimely Opposition [(C.C.P. §1005(b)], which exceeded the page limit permitted by CRC 3.113. (The Court also notes that Plaintiff's pleadings contain an incorrect email address for Plaintiff's counsel.) Defendant's motion is granted. Good cause has been shown for production of unredacted psychiatric records of the plaintiff. Defendant does not seek unlimited access, but merely for two years prior to the commencement of Plainti...

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...

Excerpt: ...s‐complaint, for quiet title and declaratory relief. Judicial Notice. Matters subject to judicial notice may support a motion for summary judgment. (Code Civ. Proc. § 437c, subd. (b)(1).) The court takes judicial notice of all proffered items from both parties with the exception of DROLET's Exhibit 18, constituting sections of the Uniform Plumbing Code. (Ev. Code §§ 452, subds. (b), (c), (h) [notice permitted of public entity regulations and...

Excerpt: ...ainst Defendant in federal court. Defendant additionally demurs to the complaint. Defendant's motion to dismiss as to Plaintiff GRACIELA SANCHEZ is granted. Defendant's motion to stay as to Plaintiff MAULID AMBARY is granted. The Court does not reach Defendant's demurrer. The Court takes judicial notice of Graciela Sanchez v Abbott Laboratories, Solano County Superior Court Case No. FCS054734, filed on May 4, 2020 and removed to federal court on ...

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. Fees incurred to subpoena records are recoverable. (Naser v. Lakeridge Athletic Club (2014) 227 Cal.App.4th 571, 577‐578.) The court therefore declines to strike ...

Excerpt: ...s filed on May 31, 2018. On April 24, 2020, Defendant WESTLAKE SERVICES, LLC, filed the instant motion to enter judgment pursuant to a written settlement agreement signed December 17, 2019. That settlement agreement includes release terms and a promise that Plaintiff would dismiss WESTLAKE in exchange for certain payments. WESTLAKE submits supporting declarations indicating that the promised payments were made, but that Plaintiff has failed to di...

Excerpt: ...6:1576.1, p. 6G‐93; see also generally requirements for service of applications for writs of possession and for writs of attachment [C.C.P. §§512.030(b) and 482.070(d), respectively]. The only proof of service filed for this motion on non‐party TERO DEVELOPERS, INC. (“TERO”) claimed service by mail. In addition, insofar as this motion asserted theories of alter ego and successor corporation liability against TERO, neither is adequately ...

Excerpt: ...ode of Civil Procedure section 436, 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 Page 3 of 3 claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Plainti...

Excerpt: ...ntative. (Prob. Code § 9351.) Plaintiff admits that he is required to comply with the “detailed procedures and related provisions with respect to claims filed by a creditor against the personal representative of an estate” and that an action may not be commenced unless a claim has been first filed as required by the Probate Code. (4AC, ¶¶ 22‐23.) But, Plaintiff has not alleged any facts suggesting that he has complied. Instead, Plaintiff...

Excerpt: ...�854.8 uses almost identical language to provide immunity to public entities to injuries occurring to an inpatient at a mental institution. Defendant CALIFORNIA DEPARTMENT OF STATE HOSPITALS (“DSH”) operates mental institutions such as Atascadero State Hospital, at which Michael Galliher (“Decedent”) was housed and treated, during parts of his extended incarceration, and thus could claim immunity under Government Code §854.8. This immuni...

Excerpt: ... of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) Defendant Geico is awarded additional monetary sanctions from Plaintiffs in the amount of $4,416.50 for reasonable attorneys' fees incurred in opposing this motion. A motion for reconsideration of a discovery order, made without substantial justification and in the absence of any other circumstances making an award of sanctions unjust, is itself sub...

Excerpt: ...ff's motion is granted. As a de novo hearing, the trial court proceeding owes no deference to the Labor Commissioner's decision. (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1116 (Murphy).) Review is of the facts presented to the trial court, “which may include entirely new evidence.” (Ibid., citing Post v. Palo/Haklar & Associates (2000) 23 Cal.4th 942, 948.) In light of this, and the fact that an employee need not admin...

Excerpt: ...c Safety Officer Procedural Bill of Rights (the “POBRA”) within Plaintiffs LISA MCDOWELL (“MCDOWELL”) and NATALIE RAFFERTY's (“RAFFERTY”) complaint. 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 mus...

Excerpt: ...p.5th 768, 780 (Argentieri).) First the defendant must make a threshold showing that the plaintiff's cause of action to be stricken arises from the defendant's free speech or petition activity as specified in the statute. (Ibid.) Second, if the defendant has made that showing, the burden shifts to the plaintiff to establish, by admissible evidence, a probability of prevailing on the claim. (Ibid.) If the plaintiff fails to do so, the motion to st...

Excerpt: ...ree years after the action is commenced against the defendant." (§ 583.210, subd. (a).) "[A]n action is commenced at the time the complaint is filed." (Ibid.) Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (§ 583.250, subd. (b).) The three‐year rule applies where the defendant seeking dismissal was served as a Doe defendant named in the original complaint, later amended to show his or her...

Excerpt: ...rocedural Bill of Rights (the “POBRA”), and relation in violation of the Labor Code within Plaintiffs LISA MCDOWELL (“MCDOWELL”) and NATALIE RAFFERTY's (“RAFFERTY”) complaint. 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 f...

Excerpt: ...p.5th 768, 780 (Argentieri).) First the defendant must make a threshold showing that the plaintiff's cause of action to be stricken arises from the defendant's free speech or petition activity as specified in the statute. (Ibid.) Second, if the defendant has made that showing, the burden shifts to the plaintiff to establish, by admissible evidence, a probability of prevailing on the claim. (Ibid.) If the plaintiff fails to do so, the motion to st...

Excerpt: ...2(a) confirms that a public entity is liable for injury proximately caused by an act or omission of its employee if the act or omission would have given rise to a cause of action against that employee. In general, anyone owes a general duty to act with reasonable care, and can be liable for reasonably foreseeable injury caused by the breach of this duty. A person generally has no duty to take action to help another. However, when one voluntarily ...

Excerpt: ...bilitation (“CDCR”) staff that allegedly mistreated Plaintiff. Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.” Plaintiff's allegations against DIAZ are that DIAZ had �...

Excerpt: ...s fees. (FAC at ¶¶ 46, 62, 72, and 89; Prayer at ¶¶ 2, 3.) Plaintiff is admonished that the prior motion to strike the claim for attorneys' fees was granted without leave to amend. Should defense counsel seek to recover fees and costs associated with Plaintiffs' inappropriate decision to include the stricken fees claim, such recovery can be addressed via a separate motion. Despite the intervening opportunity to engage in discovery, Plaintiffs...

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 Ter...

Excerpt: ...court to June 4, 2020. On June 4, 2020, the court continued the above motions on the basis that Plaintiff intended to seek coordination of this action with an allegedly related suit pending in Monterey County Superior Court, Robledo v. Randstad US, LP, (Robledo), Monterey County Superior Court case no. M130588. The court did so to promote judicial economy. The file reflects that on June 3 and 5, 2020, Plaintiff submitted duplicate notices of the ...

Excerpt: ...to the fifth, sixth and ninth causes of action is sustained with leave to amend within 20 days. Defendants' demurrer to the seventh cause of action for nuisance is overruled. Defendants' motion to strike the claim for punitive damages is granted with leave to amend within 20 days. 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.A...

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 Ter...

Excerpt: ...Nolin v. Nat'l Convenience Stores, Inc. (1979) 95 Cal.App.3d 279, 285‐ 286; see, Food Pro Int'l, Inc. v. Farmers Ins. Exch. (2008) 169 Cal.App.4th 976, 994 [mere carelessness or ignorance does not justify punitive damages].) Conscious disregard alone is insufficient and an award of punitive damages requires either the intent to harm the plaintiff or both willful and despicable conduct. (Johnson & Johnson Talcum Powder Cases (2019) 37 Cal.App.5t...