Excerpt: ...crimination, the complaint does not allege sufficient facts indicating that plaintiff suffered from a disability or disorder, as that term is defined in Government Code §12926(j), or that she was discriminated against as a result of this disability. As to the first cause of action for retaliation in violation of the FEHA, the demurrer is sustained for failure to plead sufficient facts. The complaint does not allege facts indicating what conduct ...

Excerpt: ... engaged in assigned work at the time of his injury. (Complaint, p. “6”, ¶ GN‐1; Exh. C, p. “23”.) Inmates are entitled to workers' compensation benefits for injuries arising out of and in the course of assigned work and those benefits constitute the exclusive remedy for injuries sustained. (Lab. Code § 3370(a).) “Where the complaint affirmatively alleges facts indicating coverage by the workers' compensation laws, if it fails t...

Excerpt: ... of examinations and release of medical records as this matter proceeds to trial. Defendants' motion for severance was previously denied on January 22, 2019. Defendants have failed to show any new or different facts, circumstances, or law warranting reconsideration. (Code Civ. Proc. § 1008(a); Baldwin v. Home Sav. Of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) ...

Excerpt: ...ep't of Transp. (2013) 220 Cal.App.4th 104.) It is undisputed that Defendant Fancher was recruited and hired to provide nursing services at a hospital in Martinez. Page 2 of 2 (Plaintiffs' Response to UMF, 1.) It is undisputed that Defendant Fancher's shift at the hospital had ended two hours prior to the accident, that Defendant Fancher went out to have dinner by herself after her shift, and that the accident occurred while Defendant Fancher was...

Excerpt: ...ss the provisions are so clearly in favor of the employer they should not be enforced. AT&T Mobility LLC v. Concepcion [“Concepcion”) (2011) 562 U.S. 333; Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348; Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. Armendariz identified 5 requirements for a valid arbitration of employment dispute agreement. Such an agreement "(1) provides for neutral...

Excerpt: ... objection nor does the objection substantively have merit. (Brooks v. American Broadcasting Co. (1986) 179 Cal.App.3d 500, 509; Laabs v. City of Victorville (2008) 163 Cal.App.4th 1242, 1276). The “substantial importance” argument is only relevant to a later claim for recovery of fees and costs associated with proving true a RFA after its denial. The court finds that the most requests are not vague and ambiguous with the exception of RFAs 15...

Excerpt: ....4th 771, 790 [citing “the general rule that statutory causes of action must be pleaded with particularity”]; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [the same]. Plaintiff's HBOR‐based and unfair business practices causes of action are premised upon her status as a successor in interest, residing on the subject property for more than 6 months prior to the death of her mother (her last surviving parent), entitled...

Excerpt: ..., ¶ 19; see, Decl. of Mikhov, ¶¶ 17, 25 [admitting that the case settled for the sum of $41,000, the same amount offered on May 23, 2017].) Section 998 applies to Song‐Beverly Act claims. (Duale v. Mercedes‐Benz USA, LLC (2007) 148 Page 2 of 2 Cal.App.4th 718, 728.) Consequently, Plaintiff is limited to recovery of only preoffer fees and costs. In addition, even without considering the validity of Defendant's 998 offer, Plaintiff has faile...

Excerpt: ...ent of the CEQA process”]; 15202(a) [“CEQA does not require formal hearings at any stage of the environmental review process. Public comments may be restricted to written communications”]; El Morro Community Assn. v California Dept. of Parks & Recreation (2004) 122 Cal.App.4th 1341, 1348, n.4 [“Although public hearings are encouraged, CEQA does not require them on environmental documents or in connection with project approval”]. An agen...

Excerpt: ...8.5. Motion for Attorney's Fees Plaintiff's motion for attorney's fees, costs and expenses is granted in part. Plaintiff's billed hours generally appear reasonable and do not appear to be contested on a task‐based basis by Defendant. The court reduces the hours billed which includes 2 hours for the motion for sanctions. The hourly rates for Mr. Mikhov exceed typical rates for Solano County and are reduced to $500 per hour, which is consistent w...

Excerpt: ...benefits, records related to workers compensation claims and medical records. Given the nature of the scope of damages, it is appropriate for Defendants to seek records directly from Plaintiff's employer related to his physical capacity to perform his job. Defendants have adequately established good cause for in camera review of Plaintiff's personnel records to the extent that they might contain information relevant to his claim of personal injur...

Excerpt: ...ff, other than the attachment of the deed of trust, notice of default, notice of trustee's sale and trustee's deed. (FAC, Exhs. A‐D.) A complaint must allege “ultimate facts,” not merely conclusions. With respect to the first cause of action, the First Amended Complaint (“FAC”) fails to allege sufficient facts to state a violation of Civil Code §2923.5. Plaintiff's declaration recorded with the Notice of Default establishes compliance ...

Excerpt: ... motion itself or a memorandum of points and authorities. (Cal. Rules of Court, rule 3.1112(a).) The failure to include a memorandum is deemed by this Court as an admission that the motion is not meritorious and cause for its denial. (Cal. Rules of Court, rule 3.1113(a).) The motion does not state what allegations are sought to be deleted or added. (Cal. Rules of Court, rule 3.1324, subds. (a)(2)‐ (a)(3).) The motion is not accompanied by a sep...

Excerpt: ... have common worksites, similar occupations, similar times of exposure, or similar types of diseases. In addition, although three of the plaintiffs are living, one is deceased and another is seeking preference in trial setting due to his health. Finally, the status of the discovery in each case appears to be different. Therefore, the court finds that there is insufficient commonality for the four cases to be consolidated. ...

Excerpt: ...he award of reasonably incurred costs and expenses even if they might be barred under Code of Civil Procedure section 1033.5. (Jensen v. BMW of N. Am., Inc. (1995) 35 Cal.App.4th 112, 138.) As already determined by this Court in ruling upon Plaintiff's motion for attorneys' fees, it was not reasonable for Plaintiff to continue to prosecute the action after Page 2 of 2 Defendant offered to settle the action for $34,000 on or about January 3, 2017....

Excerpt: ... explore options to avoid foreclosure (FAC, ¶¶ 18, 28, 38), no actual contact is required by the statute and Plaintiff fails to allege specific facts demonstrating that Defendant failed to exercise due diligence in its attempts to contact Plaintiff. (Civ. Code § 2923.5(e); Rossberg v. Bank of Am. (2013) 219 Cal.App.4th 1481, 1494.) Although Plaintiff does state that Defendant did not attempt to contact him, he provides no factual support for h...

Excerpt: ... and recording of the three lis pendens. Defendant is an incorporated business engaged in the purchase and sale of real property. (Complaint, ¶ 3.) Plaintiff is an officer and director for the corporation. (Complaint, ¶ 1.) Plaintiff's lawsuit was filed December 4, 2018, and the lis pendens were filed and recorded December 5, 2018. At the time the complaint was filed, Defendant was in escrow for the sale of one of the properties which was the s...

Excerpt: ...INTAGE CONTRACTORS or of the facts rendering VINTAGE CONTRACTORS liable. Therefore, it is not clear from the complaint that the “relation back” doctrine would not apply or that the action would be barred by the two‐year statute of limitations of CCP Section 335.1, as Defendant contends. Allegations that Defendant PAZ had a load in his truck at the time of the collision are not sufficient in this regard. Nor are the standard boilerplate alle...

Excerpt: ... of the PMK at PAKSN, INC., and the notice of the deposition of the PMK at SAGAR, INC., which are almost identical, are somewhat overbroad, and not all of the topics and requests are reasonably calculated to lead to the discovery of admissible evidence. According to the report of CMS dated March 24, 2017, CMS found several deficiencies at the La Mariposa Care and Rehabilitation Center at that time. (Declaration of Hooshie Broomand, Exhibit C). Ho...

Excerpt: ... 274.) Because Defendant has not met its burden, Plaintiff need not produce any evidence nor disprove anything. (Guz v. Bechtel Nat'l, Inc. (2000) 24 Cal.4th 317, 356; Y.K.A. Indus., Inc. v. Redevelopment Agency of the City of San Jose (2009) 174 Cal.App.4th 339, 353; United Cmty. Church v. Garcin (1991) 231 Cal.App.3d 327, 338.) Defendant seeks summary judgment on essentially three grounds: 1) there is a complete defense to Plaintiff's complaint...

Excerpt: ...tion to the McDonnell‐Douglas burdenshifting test. Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 354 [discrimination and retaliation claims subject to McDonnell‐Douglas]; Greer v. Lockheed Martin Corp. (N.D.Cal. 2012) 855 F.Supp.2d 979, 988‐989 and Sillah v. Command Int'l Sec. Servs. (N.D.Cal. 2015) 154 F.Supp.3d 891, 916 [“Claims for wrongful termination in violation of public policy and for violation of California Labor Code § 11...

Excerpt: ...21.) A duty to take affirmative action to control the wrongful acts of third parties is imposed only if there is a “high degree of foreseeability” requiring “prior similar incidents of violent crime on the landowner's premises.” (Ann m. v. Pac. Plaza Shopping Ctr. (1993) 6 Cal.4th 666, 676, 679; Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224, 240.) In determining whether the “extraordinarily high degree of foreseeability” has been ...

Excerpt: ...prevent her from participating in trial if it is set beyond the next 120 days. Under CCP Section 36.5, a declaration regarding plaintiff's medical condition may be signed by an attorney. However, the records attached to the declaration of attorney Thomas Mitchell do not clearly support the statements he made in his declaration. The emergency room report attached to the declaration does not indicate that plaintiff suffered a traumatic brain injury...

Excerpt: ...of privilege are inapplicable, the interrogatories are not duplicative of previous interrogatories and plaintiff's answers were unresponsive. Plaintiff has placed the existence of her disability in dispute by filing this suit and Defendant is entitled to engage in directed discovery related to her claim. Further, Defendant is entitled to discovery as to whether Plaintiff has mitigated her damages or whether she has been prevented from doing so du...

Excerpt: ...LFIN and MHHHS); and 3. Fraud (against SANTOS, TS GLOBAL, and MHHHS). Defendant DELFIN's demurrer to the first cause of action for breach of contract is sustained with leave to amend. Defendant DELFIN and MHHHS's demurrer to the second cause of action for common counts is denied. Defendant MHHHS's demurrer to the third cause of action for fraud is granted without leave to amend. Page 3 of 4 Breach of Contract The function of a demurrer is to eval...