Excerpt: ...guilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850). SEENO did not meet either of these burdens on this motion. In contending that cross‐defendant DESILVA GATES CONSTRUCTION has a present duty to defend SEENO in this construction defect action, SEENO relies on the indemnity provisions in SEENO'S subcontracts with DESILVA, specifically, paragraph 2.13.1 of these subcontracts, which are virtually identical. However, these indemnity provi...

Excerpt: ...ited civil actions is limited to any combination of 35 of interrogatories, requests for admission, and requests for production of documents. (Code Civ. Proc. § 94(a).) No additional discovery is permitted unless the Court grants a noticed motion for leave to conduct additional discovery or the parties stipulate to additional discovery. (Code Civ. Proc. § 95.) Defendant's opposition reveals that he answered 35 form interrogatories propounded by ...

Excerpt: ... Petersen (1998) 68 Cal.App.4th 1062, 1066.) But, Defendants, alleged to be or owners or operators of a self‐ storage facility, would only wrongfully exercise dominion over personal property stored on its facility if they failed to comply with the statutory provisions for satisfying a lien on personal property stored on the premises pursuant to the California Self‐Service Storage Facility Act. (Bus. & Prof. Code §§ 21700 et seq.) Plaintiff ...

Excerpt: ...(1996) 42 Cal.App.4th 1746, 1750 [the court may take judicial notice of the records and files of a state entity].) Plaintiff's claim, received by the Government Claims Program on May 24, 2017, states only a claim against “California Department of Correction [sic] and Rehabilitation”. (Decl. of Rivera, Exh. A, ¶ 16.) Nothing in the claim purports to identify any claim against, wrongful conduct by, or liability of Defendant Valdez. (Id., Exh. ...

Excerpt: ...eding as a witness in litigation in a matter regarding an event or transaction that he or she perceived or investigated in the course of his or her duties, to which that local agency is not a party, shall receive the salary or other compensation to which he or she is normally entitled from that local agency during the time that he or she prepares for his or her response and appearance, during the time that he or she travels to and from the place ...

Excerpt: ... by the client, the declaration does not provide admissible evidence and is hearsay. If Defendant is alleging that Defendant was not served and therefore the default is void, the declaration is hearsay and does not provide admissible evidence. Finally, if Defendant contends that LOCICERO is or was subject to a stay due to bankruptcy while the case was pending, Defendant fails to provide any information to support the stay. It is noted that other ...

Excerpt: ...a Reg'l Med. Ctr. (2016) 246 Cal.App.4th 1260, 1266‐1267; Holcomb v. U.S. Bank (2005) 129 Cal.App.4th 1494, 1505.) Not only has Plaintiff previously unsuccessfully raised what appear to be same claims against Defendant Solano County in case number FCS052656, which were dismissed after the County successfully demurred to the complaint, Plaintiff has filed related actions seemingly based on the same facts or <01020176011a0003002600 03580003002f01...

Excerpt: ...ion for damages against a local public entity, the claims statutes require timely filing of a proper claim as a condition precedent to the maintenance of a judicial action and the failure to file a claim is fatal to the suit. (State of Cal. v. Superior Court (2004) 32 Cal.4th 1234, 1237; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454‐455; Sofranek v. County of Merced (2007) 146 Cal.App.4th 1238, 1246; Spencer v. Merced County Offi...

Excerpt: ...) 25 Cal.4th 826, 853.) Plaintiff establishes that Defendant applied for and was approved for a credit card, a credit card was issued and sent to Defendant at the address provided, Defendant made use of the account, and Defendant breached by failing to make the minimum payments required for the outstanding balance owed on the account after March 13, 2018. (Decl. of Becker, ¶¶ 6‐7, 9, 12.) Plaintiff generated and sent monthly statements showin...

Excerpt: ...5th 1131, 1150.) This also supports causes of action under the Consumer Legal Remedies Act and for declaratory relief. (Id. at 1152‐1153.) Motion to Strike Defendant's motion to strike Plaintiff's prayer for public injunctive relief is denied. Private plaintiffs are not precluded from seeking public injunctive relief in an action claiming a violation of the UCL or the CLRA. (McGill v. Citibank (2017) 2 Cal.5th 945, 961.) Motion to Compel Furthe...

Excerpt: ...riminatory conduct on the part of Superintendent‐President Esposito‐Noy, are sufficient to state a claim for gender discrimination. The demurrer to the eighth cause of action for intentional infliction of emotional distress is overruled to the extent it is based on the contention that the first amended complaint does not allege sufficient facts indicating extreme and outrageous conduct on the part of defendant. It is true that there may be no...

Excerpt: ... for trial in March, 2019, given the many overlapping legal and evidentiary issues. Further, the Court recognizes Defendants' significant efforts to seek transfer of the Sacramento case in early 2018 and willingness to adopt the Court's recommendations regarding alternatives to transfer. However, given the current trial date, transfer‐in date and the procedural status of both cases, Plaintiff in the Frank case will be prejudiced by consolidatio...

Excerpt: ...f attorney's fees under Government Code section 800 is allowed only if the actions of a public entity or official were wholly arbitrary or capricious. The phrase "arbitrary or capricious" encompasses conduct not supported by a fair or substantial reason, a stubborn insistence on following unauthorized conduct, or a bad faith legal dispute.' [Citations.] Attorney's fees may not be awarded simply because the administrative entit...

Excerpt: ...72, 381. The evaluation of impartiality is objective. There must be a specific identifiable reason for suspecting the arbitrator would not be impartial, but instead would favor one particular side. It does not matter if a litigant subjectively believes the arbitration might not be able to be impartial. Id. at 389. As the California Supreme Court noted: The arbitrator cannot reasonably be expected to identify and disclose all events in the arbitra...

Excerpt: ...wing reason: Page 2 of 2 The moving papers do not establish that Form Interrogatories (Set One) were addressed to Yen Wang as an “Answering Party.” Supporting Exhibit 3 contains two sets of Form Interrogatories naming Chang Wang as the “Answering Party.” (Compare Bates pages P.Phillips.Compel.0046 (“Bates 0046”) and Bates 0055.) The proofs of service (Bates 0054 and 0063) do not distinguish between the parties. The unopposed motion is...

Excerpt: ...e amendments contained in the proposed Second Amended Complaint are necessary, when he learned of the new facts he seeks to include in the Second Amended Complaint, and why he did not take steps to file the Second Amended Complaint earlier. The declaration he filed with the motion is not sufficient in this regard. ...

Excerpt: ... SYSTEMS, INC. (“MERS”) back to original lender PACIFIC UNION FINANCIAL, LLC (“PACIFIC UNION”) is somehow fraudulent or a forgery. California cases have consistently found that MERS as nominee beneficiary of the deed of trust has the authority to assign the beneficiary rights. Herrera v. Federal National Mortgage Assn. (2012) 205 Cal.App.4th 1495; Siliga v. Mortgage Electronic Registration Systems, Inc. (2013) 219 Cal.App.4th 75, and Font...

Excerpt: ...d as opposition papers, Plaintiff has failed to file with the Court any opposition to Defendant's motion for summary judgment or any response to Defendant's separate statement of undisputed material facts. (Code Civ. Proc. § 437c, subds. (b)(2)‐(b)(3).) Likewise, Defendant has filed an opposition to an apparent motion for summary judgment sought by Plaintiff. The Court has not received a motion for summary judgment from Plaintiff. Because Plai...

Excerpt: ...ombs v. Pierce (1991) 1 Cal.App.4th 568, 575.) Accordingly, an order of suspension or revocation may only be rescinded if the Court finds that the Department acted in excess of its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is not supported by the evidence. (Veh. Code § 13559(a).) Upon independent review of the record, this Court f...

Excerpt: ...idence”, which alone may “constitute a sufficient ground for denying the motion.” (Code Civ. Proc. § 437c(b)(1).) Plaintiff does include a section in his “memorandum of points and authorities” entitled “material facts”, which makes no effort to indicate that the “material facts” are undisputed and which does not comport with the format and content requirements imposed by the California Rules of Court. (Cal. Rules of Court, rule...

Excerpt: ...eparing Resolution 17‐089” by generally identifying entire departments or divisions of the city. CITY cites no legal authority that the identity of the person who prepared Resolution 17‐089 is subject to privilege. Special Interrogatory Nos. 3, 4, 5 and 8 are vague and as stated are redundant and repetitive to Special Interrogatory Nos. 1 and 2. Given the contents of Plaintiff's reply which includes information Plaintiff apparently derived ...

Excerpt: ...nt alleges sufficient facts to indicate that the FOLETTAS have conducted a number of activities on their property that are open and hostile to cross‐defendants' easement rights on the property. These activities include growing crops, grazing cattle, installing two containers for storage, installing electric fencing, and establishing an equestrian cross‐country training course, a “horse pacing track,” and an irrigation ditch. (Second Amend...

Excerpt: ...ured, as required for liability under Labor Code Section 4558. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 34, 37‐43, 47 and evidence cited therein). In fact, according to the evidence submitted, there was a “cover guard” on the press, which plaintiff himself opened so that he could work on the inside of the press just prior to the accident. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 12‐ 18 and evide...

Excerpt: ... there does not appear to be a possibility of alleging such facts. Therefore, a judgment of dismissal as to the complaint of ERICKA JOHNSON only shall be entered. ...

Excerpt: ...Y PLASTERING, INC., to defend PULTE HOME CORPORATION in this construction defect action is granted in part. The court finds, as a matter of law, that MID VALLEY PLASTERING, INC., has an express contractual duty to defend PULTE HOMES in this action as to “the matters embraced by the indemnity.” (Civil Code, § 2778(4); Crawford v. Weather Shield Manufacturing, Inc. (2008) 44 Cal.4th 541). The “matters embraced by the indemnity” were intend...