Excerpt: ...R during the time of the events described in the complaint, is in Riverside County. The court takes judicial notice of all proffered facts as relevant, not reasonably subject to dispute, and capable of immediate and Page 5 of 6 accurate determination by resort to sources of reasonably indisputable accuracy. (Ev. Code, § 452, subd. (h).) Merits of Motion. Code of Civil Procedure section 397, subdivision (a) states that venue may be changed when t...

Excerpt: ...action.” (Kelly v. House (2020) 47 Cal.App.5th 384, 393, quoting Bell v. Vista Unified Sch. Dist. (2000) 47 Cal.App.4th 672, 686‐687.) Although apportionment may not be necessary if attorneys' fees are incurred for representation on an issue common to causes of action for which attorneys' fees are proper and for which they are not, or if it is impracticable or impossible to separate the attorneys' time into compensable and noncompensable unit...

Excerpt: ...pute regarding these matters has been rendered moot by the service of amended responses. Should Plaintiffs continue to find any of these responses insufficient, they may file an appropriate motion within 45 days of the service of verified responses or any later date to which the parties agree in writing. (Code Civ. Proc. §§ 2031.310(c), 2033.290(c).) The court reminds the parties that they must make a “reasonable and good faith attempt at an ...

Excerpt: ...963) 60 Cal.2d 303, 305; Brizuela v. CalFarm Ins. Co. (2004) 116 Cal.App.4th 578, 590.) Actual prejudice, such as the substantial likelihood that a trier of fact would have found in favor of the insured had the insured not breached the cooperation clause, must be shown. (Billington v. Interinsurance Exch. of S. Cal. (1969) 71 Cal.2d 728, 737‐738; State Farm Fire & Cas. Co. v. Miller (1970) 5 Cal.App.3d 837, 840.) Defendant presents undisputed e...

Excerpt: ... Plaintiff's counsel used the identical lengthy recitation of complaints regarding the subject parking lot which predated the subject incident and listed a long series of documents produced by Defendant. The responses are not responsive to the specific question asked by defense counsel in Special Interrogatories 8 and 14. And, other than boilerplate general objections at the beginning of the Response, no specific objections were raised by Plainti...

Excerpt: ... Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) 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 acqua...

Excerpt: ...lice” means conduct intended to cause injury. (Civ. Code, § 3294, subd. (c)(1).) A plaintiff may not conduct pretrial discovery with respect to evidence of a defendant's financial condition without a court order permitting such. (Civ. Code, § 3295, subd. (c).) The court may grant such an order upon motion by the plaintiff supported by affidavits, and a hearing if the court deems one necessary, if the court finds that there is a substantial pr...

Excerpt: ...not to actions for breach of contract. Plut v. Fireman's Fund Inc. (2000) 85 Cal.App.4th 98. Introduction of evidence regarding insurance is admissible if it is not offered to prove negligence or wrongdoing. Seeno Motion in Limine No. 2: to exclude allocation of defense costs, and to exclude evidence of reasonableness of defense costs. Denied. Case law allows the allocation of defense costs. See, e.g., Pulte Home Corporation v. CBR Electric (2020...

Excerpt: ...tion of $210 in filing and service costs, Defendants claim costs that are not authorized by statute, mostly consisting of travel and meal expenses that were not incurred to attend depositions. Defendants have not opposed this motion and have not justified any of these expenses as reasonably necessary to the conduct of the litigation or reasonable in amount. (Code Civ. Proc. § 1033.5(c).) Accordingly, these $14,087.53 in “other costs” shall b...

Excerpt: ...icial notice of the complaint in this case. The court need not take judicial notice of a document that is already a part of the record of this case. Legal Theories of Public Entity Liability for Dangerous Conditions. The issue is whether Plaintiff may maintain causes of action holding Defendant liable for the negligence of its employees and independent contractors that may have caused his injury from tripping over a jagged metal post on the sidew...

Excerpt: ...isposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) #1. DARREN objects that Plaintiff's “Compendium of Evidence” (CE”) item 1A, a Vallejo Police Department police report, is hearsay. The objection is sustained. #2. DARREN objects that Plaintiff's CE‐1B, a transcript of the hearing in Solano County Case No. FCS048949, is hearsay and selectively edited. DARREN specifically objects to three sections of the transcript Plaintiff c...

Excerpt: ...e statutory basis of Plaintiff's first cause of action outright and provides Plaintiff standing to maintain her second cause of action. Its repeal as of January 1, 2020 is thus a point of major concern to this demurrer. (Civ. Code, § 2920.7, subd. (o) [statute automatically repealed Jan. 1, 2020].) It is “a general rule…that a cause of action or remedy dependent on a statute falls with a repeal of that statute, even after the action thereon ...

Excerpt: ...tch purchases and that Defendant charges multiple insufficient funds fees (“NSF Fees”) on single purchases, in violation of its contracts with Plaintiff and others similarly situated. Judicial Notice. The court takes judicial notice of all items Defendant proffers as facts not reasonably subject to dispute or as records of courts of the United States, as appropriate. (Ev. Code § 452, subds. (d), (h).) Legal Standard. “The function of a dem...

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: ...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: ...�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: ...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 �...