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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...

Excerpt: ...portunity to negotiate and reach an agreement. As a result of the package deal, BMO Harris Bank N.A. (“BMO”) received a recovery in connection with its secured interest in the Nissan store and a potential recovery as a junior lien holder to the Toyota store. The parties do not dispute that TMCC holds a valid, perfected senior secured interest in all of the assets which relate to the Toyota store. Intervenor BMO holds the junior lien. The fact...

Excerpt: ...ocha Dehe”), a federally recognized Indian tribal government. (Declaration of Anthony Roberts (Roberts) at ¶¶ 1‐2.) Yocha Dehe enjoys sovereign immunity from suit by default. (Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. (1998) 523 U.S. 751, 760.) Though Yocha Dehe partially waived its immunity when it entered into a compact with the State of California to operate Defendant as a gaming facility, that waiver only permits patro...

Excerpt: ...matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) For purposes of demurrer, a court assumes the truth of the allegations in the complaint, but not the contentions, deductions, or conclusions of law. (California Logistics, Inc. v. State of California (2008) 161 Cal.App.4th 242, 247.) The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contac...

Excerpt: ...head, neck and spine by Dr. Tabaraee, M.D. in Manteca which is 67 miles from Fairfield. Defense shall provide Plaintiff with 3 proposed dates for examination. Plaintiff shall select 1 date among the 3 proposed dates. The examination will be conducted and completed on one day between the hours of 9 and 5 and limited to 4 hours in duration. Plaintiff shall undergo a mental examination related to his claims of short‐term memory loss, difficulty co...

Excerpt: ...ential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “proven by clear and convincing evidence that the defendant has been guilty o...

Excerpt: ... firm acting as escrow agent that completed transaction despite instructions from seller to terminate sale].) In this case, Plaintiff alleges that the foreclosure sale was completed May 1, 2018, that Defendant had duty to disburse surplus funds by June 8, 2018 and that, despite no other claimants to the surplus funds, Defendant maintained control of the funds and attempted to condition release of the funds upon dismissal of a suit Page 2 of 3 for...

Excerpt: ...nded. In FCS053677, Plaintiff alleges physical injury due to “excessive force.” On April 29, 2020, the parties appeared via Zoom in FCS053677 for a case management conference one hearing. The parties agreed the cases are related. Based upon that agreement, the court orders the cases to be related. To date, no motion or stipulation has been received by the Court to consolidate the two actions. Parties to appear to address consolidation of the ...

Excerpt: ...th 1228, 1238; DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) And, regardless of whether Defendant can be held liable for breach of the lease agreement, the facts alleged in the complaint give adequate notice that Defendant may be held liable for intentionally or negligently causing damage to real property owned by Pl...

Excerpt: ...nesses and governmental agencies. However, these discovery issues arose prior to declaration of a state of emergency or imposition of shelter in place orders and the discovery has been pending since August 2019. In addition to the multiple extensions, the court also considered Defendant's delay in responding to Plaintiff's December 2, 2019 meet and confer letter and the contents of Defendant's February 12, 2020 meet and confer letter. A. Motion t...

Excerpt: ...ed for Taylor Venegas and one pro per cannot be represented by another pro per. Further, from the Court's review of the file, it appears that Erika Venegas has executed numerous documents which appear to take action on behalf of Taylor Venegas or may have signed pleadings on behalf of Taylor Venegas. 2. Confirmation of the status of parties' appearance in this suit. Plaintiff Erika Venegas filed dismissals of previously named Defendants. Taylor V...

Excerpt: ...umption of those beverages. (Civ. Code § 1714(c).) The sole exception to this general rule of nonliability is when a “parent, guardian, or another adult … knowingly furnishes alcoholic beverages at his or her residence to a person whom he or she knows, or should have known, to be under 21 years of age”. (Civ. Code § 1714(d); Rybicki v. Carlson (2013) 216 Cal.App.4th 758, 764.) The term “furnish” requires an affirmative act to “to su...

Excerpt: ...ect is capable of cure and public policy favors great liberality in permitting amendment. (Aubry v. Tri‐City Hospital District (1992) 2 Cal.4th 962, 970‐ 971; Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) Plaintiff has made a plausible case that it can plead sufficient facts to establish HOISETH's potential liability. HOISETH's demurrer is sustained in its entirety with leave to amend. Plaintiff shall have thirty days from the date of he...

Excerpt: ...DeLeon v. Verizon Wireless, LLC (2012) 207 Cal.App.4th 800, 812.) Defendant concedes that he “did reside in the property for about two years”. (Decl. of Aaron Nguyen, ¶ 3.) Plaintiff alleges that each Defendant is the agent, employee, member, partner, principal, director, officer, heir, representative and/or joint venturer of the other. (Complaint, ¶ 5.) The undisputed evidence presented by Plaintiff supports this allegation. And, regardles...

Excerpt: ...g, 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 claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Punitive Damages. Civil Code section 3294, subdivision (a) provides that punitive damages are only available in actions not arising from breach of contract if is “p...

Excerpt: ...aintiff's complaint identifies causes of action against the State for negligence, intentional tort and professional malpractice. (Complaint, par. 10.) On the face of the complaint, Plaintiff also checked the box “other” and typed in the words “wrongful assement [sic].” Other than attaching letters from 2018 regarding a 2014 tax assessment, Plaintiff makes no factual allegations at all. Significantly, Plaintiff does not allege compliance w...

Excerpt: ...de Civ. Proc. § 512.060(a).) Because Defendant has no interest in the property, the requirement of Plaintiff's undertaking is waived. (Code Civ. Proc. § 515.010(b).) Should Defendant wish to prevent Plaintiff from taking possession of the property, it may file with the court an undertaking in the amount of $11,345.51 to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc...

Excerpt: ...nts, and bank statements. Plaintiff has failed to produce any such documents or state that any such documents do not exist. As to number 30, Plaintiff must state what documents, if any, she submitted to Medi- Cal. If no other documents aside from profit and loss statements were ever provided to Medi-Cal, Plaintiff must so state. Plaintiff shall provide such responses and responsive documents, without objections, by May 4, 2020. Defendants are awa...

Excerpt: ...vantaged due to the court's prior notice of continuation, including the failure to file any necessary pleading during the period of emergency operations, in the event the parties are unable to appear, the hearing is continued to June 4, 2020. The court will provide notice and will repost its tentative ruling on June 3, 2020. Due to the length of this tentative ruling and the number of matters to be heard, a separate Zoom appointment will be email...

Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...

Excerpt: ... this judgment since 2010 when his wages were first garnished. Defendant was also on notice of the 2018 renewal of the judgment. Defendant fails to explain the unreasonable delay in seeking relief from the default. Due to the COVID‐19 emergency and orders to shelter in place, the court previously announced the intent to continue all civil matters through May 1, 2020. To ensure that no party has been disadvantaged due to this prior notice of con...

Excerpt: ... in which she could cure this defect, the court provided Plaintiff with an opportunity to amend to specifically plead facts as to why the action is not barred by the statute of limitations. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641.) Plaintiff's FAC adds two paragraphs of allegations to address why her case is not time‐barred. Plaintiff alleges that: 1) Defendant requested information on the incident, notified Plaintiff that the ma...

Excerpt: ...filed in Solano County Superior Court on June 6, 2018, on behalf of Plaintiff JILLIAN WILSON in connection with medical care and treatment she received from Defendants KAISER FOUNDATION HOSPITALS et al. (collectively “KAISER”). At the time the suit was filed, an arbitration had already been initiated by Plaintiff on her claims of professional negligence or medical malpractice following submission of Plaintiff's written demand for arbitration ...

Excerpt: ...s the causes of action for “all defendants” which involve different contracts with different defendants and different alleged forms of breaches into a single cause of action for breach of contract. By incorporating by reference, using generic terms, and by failing to allege with specificity, Plaintiff's complaint is unnecessarily difficult to follow. However, a special demurrer for uncertainty is not intended to reach the failure to incorpora...

Excerpt: ...ranted. Defendant's claimed costs for subpoenas for medical, long term care, and school records are an “investigation expense” that cannot be shifted. (Code of Civ. Proc. § 1033.5, subd. (b)(2).) Plaintiffs motion to tax costs for filing fees and courier service is granted and denied. As the prevailing party, Defendant is entitled to recover filing fees. However, the numbers cited by Defendant are inconsistent with the schedule of filing fee...

Excerpt: ... not taken further action to perfect notice to the court of any stay triggered by a bankruptcy. On October 15, 2019, Defendant represented to the court that Plaintiff had filed for bankruptcy on October 11, 2019, and therefore this suit was stayed. No evidence had been presented to the court of any bankruptcy filing. Plaintiff acknowledges filing for bankruptcy, but represents that that bankruptcy filing was dismissed December 12, 2019, and that ...

Excerpt: ... summary judgment” filed on February 22, 2019 in case number 2:17‐cv‐01313‐WBS‐DB, provided as Exhibit A of Defendant's request for judicial notice. In the federal action filed by Plaintiff against Defendant, the district court granted summary judgment in favor of Defendant. (RJN, Exh. A, p. 15.) In making this determination, the district court concluded that Defendant Tan arrested Plaintiff “pursuant to a reasonable belief that there...

Excerpt: ...tober 25, 2019. The motion was filed November 15, 2019. The motion should have been finalized at the conclusion of the submission of evidence and/or raised prior to the court taking this matter under submission effective October 25, 2019. Second, Plaintiff did not disclose this claimed injury, damages or theory of recovery through discovery. Although the city was aware of the code enforcement citation that was apparently produced through discover...

Excerpt: ...to the Complaint based largely on the same arguments, but provided Plaintiff the opportunity to amend. In the interim, Plaintiff filed and served a First Amended Complaint, but after meeting and conferring with Defendants about alleged defects, voluntarily filed and served a Second Amended Complaint. Given the significant delay and many opportunities to amend, where the previously identified defects are repeated without correction, no further lea...

Excerpt: ...ranted. Defendant's claimed costs for subpoenas for medical, long term care, and school records are an “investigation expense” that cannot be shifted. (Code of Civ. Proc. § 1033.5, subd. (b)(2).) Plaintiffs motion to tax costs for filing fees and courier service is granted and denied. As the prevailing party, Defendant is entitled to recover filing fees. However, the numbers cited by Defendant are inconsistent with the schedule of filing fee...

Excerpt: ...r Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under section 3294 if performed under circumstances which disclose a conscious disregard...

Excerpt: ...r Court (1975) 49 Cal.App.3d 22, 29.) “In order to survive a motion to strike an allegation of punitive damages, the ultimate facts showing an entitlement to such relief must be pled by a plaintiff.” (Clauson v. Superior Court (1998) 67 Cal.App.4th 1253, 1255.) “[T]he act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under section 3294 if performed under circumstances which disclose a conscious disregard...

Excerpt: ...izes a party to move for summary adjudication “as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty”, which can be granted “only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty”. Here, BMO HARRIS BANK, N.A. (“BMO”) seeks summary adjudication of 2 different types of breach of c...

Excerpt: ... an appeal on behalf of a corporation. Further, the amounts due from Luv Care, Inc. were not properly posted as security to perfect a timely appeal. Judgment shall be entered on behalf of Respondent against Luv Care, Inc. pursuant to the Labor Commissioner's decision. Respondent's unopposed motion to dismiss the individual appeal of Shobha Kothapalli is denied. While it appears that Ms. Kothapalli may have attempted to represent the interests of ...

Excerpt: ...defendants. The sole allegation against Defendant Lofas is that he is a resident of Vallejo. (SAC, ¶ 5.) The sole allegation against Defendant Estate of Jean Lofas is that it is domiciled in Vallejo. (SAC, ¶ 6.) Plaintiff has not made any factual allegations concerning Defendant Rentschler. Defendants' demurrer against the first cause of action for elder abuse, second cause of action for assault, third cause of action for battery, fourth cause ...