Excerpt: ... motion had already been filed. (Decl. of Rivero, Exh. 15.) In addition, the discovery sought will not be relevant to any outstanding disputed issue between the parties in light of Defendant's offer to file the proposed amended answer fully admitting liability for civil penalties awardable under the Page 3 of 3 Song‐Beverly Consumer Warranty Act. (Civ. Code § 1794.) Defendant sought a stipulation to permit Defendant to file a proposed amended ...

Excerpt: ...for summary adjudication of the second cause of action for medical professional negligence and sixth cause of action for wrongful death based on the same alleged negligent treatment is denied. Plaintiffs have established that there exists a triable issue of fact concerning whether Defendant's treatment of Decedent fell below the applicable standard of care by presenting the declaration of an expert contradicting Defendant's expert. (See, Decl. of...

Excerpt: ...action. (Guzman v. County of Monterey (2009) 46 Cal.4th 887, 898.) An enactment does not create a mandatory duty if it merely recites legislative goals or policies that must be implemented through a public agency's exercise of discretion. (County of Los Angeles v. Superior Court (2002) 102 Cal.App.4th 627, 639; Wilson v. County of San Diego (2001) 91 Cal.App.4th 974, 980.) Plaintiff alleges three enactments impose a mandatory duty breached by the...

Excerpt: ... the Solano County Sheriff's Office and the subpoena to Humane Animal Services. The court grants the motion to quash these two subpoenas. FIELDING did not provide an affidavit for the subpoenas, as required by CCP Section 1985(b). Nor did she provide the information that would have been contained in such an affidavit in her opposition. She did not show good cause for production of the records, specify the exact matters or things to be produced, s...

Excerpt: ...§ 437c(p)(2).) Defendants improperly relied on their own responses to Plaintiff's form interrogatories and requests for admissions in attempting to show that they did not have any actual knowledge of the existence of dogs on the leased property. (Code Civ. Proc. §§ 2030.410, 2033.410; Great Am. Ins. Cos. v. Gordon Trucking, Inc. (2008) 165 Cal.App.4th 445, 450; Victaulic Co. v. Am. Home Assurance Co. (2018) 20 Cal.App.5th 948, 973; Gonsalves v...

Excerpt: ...solidated complaint is granted in part and denied in part. Defendants' motion is granted as to Plaintiffs' allegations of sick leave notice requirements. PAGA specifically prohibits an action “for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting.” (Lab. Code § 2699(g)(2); Titus v. McLane Foodservi...

Excerpt: ...oreclosure to be wrongful. The nonjudicial foreclosure statutes do not require a foreclosing party to be a have a beneficial interest in the note, to have possession of the note, to provide the power of attorney to the borrower, or to have certain allonges and endorsements for the note. The allegations that the MERS representative did not have authority to sign the Assignment of the Deed of Trust are also not sufficient. In failing to state a cau...

Excerpt: ...tained from Defendant Acceptance was adequate to cover Plaintiff's losses. Plaintiff's cause of action for negligence is based on the theory that Defendant Sharma “failed to procure insurance coverage with sufficient limits to cover the value of Plaintiff's investment” as requested by Plaintiff. Neither theory of liability supports a determination that a need to sue or defend against Defendant Acceptance resulted from Defendant Sharma's torti...

Excerpt: .... (Complaint, ¶ BC‐2.) But, a public employee “is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional” (Gov. Code § 822.2) and a public entity “is not liable for an injury resulting from an act or omission of an employee … where the employee is immune from liability” (Gov. Code § 815.2(b)). Plaintiff has not met his burden of showing that it is reasonably possi...

Excerpt: ...records and radiology records are to be limited in scope to only those records relating to plaintiff's claimed injuries and conditions arising from the incident. According to plaintiff's interrogatory responses, these are injuries to plaintiff's cervical spine, which have resulted in neck pain and nerve pain, and which affects plaintiff's neck and spine, right arm, triceps, right hand and fingers, right shoulder blade, upper back, and right eye; ...

Excerpt: ...sed it in their home in California on a regular basis, and that this resulted in DOUGLAS STROBEL being exposed to the ingredients of the powder, allegedly to his detriment. Thus, plaintiffs have established that there is a sufficient connection between plaintiffs' claims and California for this court to find specific jurisdiction over COLGATE‐PALMOLIVE in this case. Evidence that the talcum powder contained asbestos is not necessary for determi...

Excerpt: ...records and radiology records are to be limited in scope to only those records relating to plaintiff's claimed injuries and conditions arising from the incident. According to plaintiff's interrogatory responses, these are injuries to plaintiff's cervical spine, which have resulted in neck pain and nerve pain, and which affects plaintiff's neck and spine, right arm, triceps, right hand and fingers, right shoulder blade, upper back, and right eye; ...

Excerpt: ...d. The information set forth in the application for preliminary injunction is stale given these representations in open court. At that same hearing, the court expressed that Plaintiff's submissions were sufficient for a TRO but inadequate for a preliminary injunction due to the lack of supporting and corroborating evidence related to Plaintiff's claims. A restraining order to prohibit a non‐judicial foreclosure from proceeding is highly disfavo...

Excerpt: ...urt time and resources). As to Request No. 1, counsel are to meet and confer regarding production of additional agendas and meeting minutes that refer to those topics set out on p. 4‐ 5 of plaintiffs' memorandum of points and authorities from October, 2014, to the present. As to Request Nos. 3, 4, 5, 6, 11, and 12, defendant may respond using the term “removal from the competitive team” in place of the term “termination” used in each of...

Excerpt: ... the continued co‐ownership, management or operation of … Pacific Palisades” to a special master, who was authorized to “decide the disputed matter and direct the implementation of his decision.” (Decl. of Strauss, Exh. A, ¶ 1.11.)1 Somewhat in contradiction, the parties also agreed that a trustor could immediately apply to the family law court to seek removal of Ed Biggs as manager of the properties in trust upon a showing of “good ...

Excerpt: ...lege sufficient facts indicating how LIBERTY MUTUAL entered into an oral agreement with plaintiff and the terms of the alleged oral agreement are uncertain. Conclusory terms such as “scope of work,” “cost estimate,” and “not to exceed $450,000.00” are not sufficient. (For example, no scope of work allegedly prepared by LIBERTY MUTUAL is incorporated as an exhibit into the complaint.) The complaint also does not allege facts indicating...

Excerpt: ... these representations in open court. A restraining order to prohibit a non‐judicial foreclosure from proceeding is highly disfavored, especially when the property is a commercial or investment property as in this case. (See, Jessen v. Keystone Sav & Loan Assn. (1983) 142 Cal.App.3d 454, 457‐458.) Evidence supports a finding that Plaintiff has defaulted on payments to her mortgage lender for the commercial properties in a manner that is not w...

Excerpt: ...cording”, was a brief exchange she had with Defendant in the hallway of the company legal department, while Defendant was in route to a meeting in the office of another company attorney, in which she handed him something and said “[unintelligible] this from Ed. He wanted to make sure you got this”. The other, VOICE025.WAV (the “Meeting Recording”), involved a meeting with other corporate officers, in which substantive legal matters such...

Excerpt: ...fault in violation of Civil Code section 2923.5 (FAC, ¶¶ 24, 26‐28, 40, 42), Plaintiffs admit that Defendants accepted, considered, and approved three applications for loan modification and Plaintiffs had numerous telephone conversations with Defendants' agents regarding the applications. (FAC, ¶¶ 15, 17‐20, 22‐23, 29, 31‐32.) There is no material violation of Civil Code section 2923.5 when a borrower has “multiple telephone convers...

Excerpt: ...iability might be based. Page 6 of 6 Plaintiff has not met his burden of showing that it is reasonably possible to cure his complaint by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1040‐1041.) Plaintiff has not demonstrated in what manner he can amend the complaint or how those amendments will change the legal effect of the pleading. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App...

Excerpt: ...itration award for inclusion of costs under C.C.P. §998 is denied. Any error of law made by the arbitrator in the course of binding arbitration concerning a C.C.P. §998 costs claim is not subject to correction by the court. (Heimlich v. Shivji (2019) 7 Cal.5th 350.) MERITAGE's motion for sanctions under CCP §128.7 is granted, as the court has been able to now confirm that this motion was timely served on Plaintiff's counsel consistent with the...

Excerpt: ... Enterprises (“BME”) originally set on June 11 and continued on the court's own motion to July 23; 2) Cross‐Defendant BME's motion for attorneys' fees set July 12; 3) Cross‐complainants Owen and Silvermark's motion (and amended motion) to strike and tax costs claimed by Cross‐defendant BME set July 23; 4) Plaintiff BME's motion to strike or tax costs of Defendants Owen and Silvermark set July 23; 5) Defendant Owen's motion for contractu...

Excerpt: ...y explaining why the objections are not meritorious or how the discovery request could be modified such that it is acceptable. The court reserves jurisdiction over sanctions to both parties due to the failure to meet and confer. Further, Plaintiff fails to separately state the motions which should be filed and scheduled separately rather than as an omnibus motion. In the future, the court may strike a combined discovery motion. Plaintiff's motion...

Excerpt: ...on is untimely in that it was filed more than five years after the Notice of Decision was issued and delivered to petitioner, which is well over the 60‐day time period set out in Government Code §13960(a)(1). The VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD also filed the demurrer on the ground that the petitioner has not lodged the administrative record with the court. Although this may be a ground for a judgment against petitioner for fai...

Excerpt: ...1) 192 Cal.App.4th 1149, 1155; see, Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924 [“We do not hold or suggest that a borrower may attempt to preempt a threatened nonjudicial foreclosure by a suit questioning the foreclosing party's right to proceed”].) Plaintiff's second cause of action to quiet title and fourth cause of action for violation of the Unfair Competition Law against Defendant Wells Fargo are barred by the a...