Excerpt: ...at his vehicle was directly behind Plaintiff's vehicle and that Defendant Tirado told the responding offcer that he had managed to come to a complete stop but Defendant Wong collided with his vehicle and pushed it into Plaintiff's vehicle. (UMF 2, 5.) None of the asserted undisputed facts establish that Plaintiff is unable to prove that Defendant failed to Page 5 of 7 exercise reasonable care in driving behind Plaintiff or that Defendant's conduc...

Excerpt: ... action against it for negligent infliction of emotional distress. Plaintiffs' complaint concerns UNIVERSAL's alleged acts and omissions relating to the death of their son Daimon Ferguson ("Decedent") at Defendant SUTTER VALLEY HOSPITALS, dba SUTTER SOLANO MEDICAL CENTER ("SUTTER")'s hospital on September 3, 2020. The court has not received opposition from FERGUSON. Objections to Evidence. MITCHELL refers to her "Evidentiary Objection No. 1" to U...

Excerpt: ...xists. Conversion is "any act of dominion wrongfully exerted over another's personal property in denial of or inconsistent with his rights therein." Fisher v. Machado (1996) 50 Cal.App.4th 1069, 1072. A wrongful act, such as negligence in breaching a duty of care, creates the possibility of strict liability for any damages that result. Burlesc:i v. Petersen (1998) 68 Cal.App.4th 1062, 1065. Plaintiff has filed a declaration asserting that he prov...

Excerpt: ...ope of employment with TRUMPET as she drove her vehicle to an appointment at a TRUMPET patient's home, injured pedestrian MARK NEES and thereby also caused BLANCA NEES to suffer damages from loss of consortium. Page 4 of 6 Objections to Evidence. Plaintiffs' objections to TRUMPET's use of TRUMPET's and KARR'S discovery responses in TRUMPET's separate statement of undisputed material facts are sustained. Code of Civil Procedure section 2030.410 on...

Excerpt: ...hearing, and to which the court did not sustain objec
Ÿons by the other. The par
Ÿes also appear to agree that the General Plan does not include speciÞc deÞni
Ÿons for its language restric
Ÿng the providing of “basic municipal services” for “urban development” outside of CITY's urban limit line. Is it fair to characterize the main area of disagreement between the par
Ÿes is whether the General Plan is ambiguous as to whether water ...

Excerpt: ...ized under California law for vacating a judgment, including the incorrect calculation of interest. However, in addition to vacating the current sister-state judgment, the court can also issue a different judgment to take its place, if finds it appropriate to do so. (a) A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground tha...

Excerpt: ...ation apparently consisting of more than one session with Thomas Healy, Esq. Five years later, a moton was filed by Ramirez to enforce the settlement on October 28, 2016 and set for hearing on January 13, 2017 before Judge Beeman. After the motion was filed but before the hearing, Murphy's counsel filed an ex parte application to be relieved as attorney of record. On the date of the hearing another attorney appeared for Murphy and informed Judge ...

Excerpt: ...gage in the interactive process, (5) retaliation for requesting leave, (6) retaliation for complaining about discrimination, (7) wrongful termination, (8) defamation, (9) intentional infliction of emotional distress, (10) failure to pay minimum wage, (11) Page 5 of 14 failure to pay for all hours worked, (12) failure to pay overtime, (13) failure to provide rest periods, (14) failure to keep records, and (16) unfair business practices. The absenc...

Excerpt: .... The case concerns a sales contract for a 2017 Jeep Grand Cherokee vehicle. The court has not received opposition to the motion. Legal Standard. A plaintiff may move for summary adjudication as to one or more causes of action within an action if the plaintiff contends that there is no defense to the cause of action. (Code Civ. Proc., S 437c, subd. (f)(l).) A crossdefendant may move for summary judgment on the basis that the plaintiff cannot esta...

Excerpt: ...tion that the investigator's communications with each witness is being compiled and will be produced, renders much of the remaining part of this motion moot. However, to ensure CITY has produced all responsive nonprivileged documents (and documents whose privilege was waived by CITY's assertion of its new affirmative defense), CITY shall serve further verified responses to Request for Production No. 4, and Form Interrogatories 115.1 and 215.2, wi...

Excerpt: ...using and Employment Act (the "FEHA"), additionally fails due to PROCTOR's lack of a right-to sue notce from the Department of Fair Employment and Housing (the "DFEH"). Summarized, Plaintiffs' complaint alleges that Plaintiffs rented residential property from Defendants and that the property has numerous serious habitability issues. Legal Standard. "The function of a demurrer is to test the suffciency of the complaint as a matter of law." (Holida...

Excerpt: ...amount identified in the settlement agreement. Defendant's opposition argued that (1) the court was not presented with a request to retain jurisdiction, because the settlement agreement containing such a request was not filed with the court before this motion; (2) the settlement agreement fails to include a "time is of the essence" provision; and (3) the settlement agreement fails to contain an acceleration clause. As to court jurisdiction, no di...

Excerpt: ...section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a moton or in its discretion. The court understands that the parties agree that the reference to Government Code section 835, relating to public entity liability for the dangerous condition of its property, is in the complaint in error. (Motion to Strike at p. 2, fn. 1.) The references to Government Code secton 815.6...

Excerpt: ...or to the hearing." (Minutes (11/2/23).) The proof of service had to be filed on or before December 7, 2023, or five court days prior to the hearing. (Cal. Rules of Court, rule 3.1300(c).) Defendant Winnresidential's Motion to Strike Defendant Winnresidential California, LP's motion to strike punitive damages from Plaintiff's first amended complaint is granted with leave to amend. A defendant's failure to meet and confer prior to filing the motio...

Excerpt: ... 437c(p)(1); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements for a breach of contract are: 1) a contract, 2) plaintiff's performance, 3) defendant's breach, and 4) damages. (Poseidon Dev., Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1112.) It is undisputed that Defendant applied for and entered into a written loan agreement with Plaintiff, Plaintiff performed by disbursing the amount of the lo...

Excerpt: ...tters, leave to amend is granted. On the first count (cause of action) for violation of CIPA: Penal Code 5630 precludes one who, "in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable". Thus, "interception" must be simultaneous (i.e., contemporaneous) with the website user's transmission of informati...

Excerpt: ...heories or unusual circumstances in this case. Yet to date, plaintiff's counsel has propounded 24 sets of written discovery including 5 sets of Form Interrogatories, 2 sets of Form Interrogatories (Employment), 6 sets of Special Interrogatories remarkably totaling more than 116 questions, 5 sets of Requests for Admission and 6 sets of Requests for Production. In addition, Plaintiff has taken 5 depositions including the store manager, 2 assistant ...

Excerpt: ... estate in the Common Area" (UMF 2), that Defendant made adverse claims to Plaintiff's title by employing "personal property, including without limitation four dining tables, ten chairs and multiple heat lamps which fully and completely occupy it, and Defendant has surrounded the Subject Common Area with large potted plants, and a 'Planter Box Barrier'" (IJMF 14) to assert an exclusive or possessory interest in the Page 7 of 7 property (UMF 3), a...

Excerpt: ... damaged by erosion substantially caused by VACAVILLE's use and maintenance of its Alamo Creek drainage easement and a sixty-inch storm drain outfall ninety-two feet upstream and connected to land VACAVILLE owns. Objections to Evidence. In ruling on a moton for summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., S 437c, subd. Plaintiff's objection...

Excerpt: ...o oppositions were received to either motion. The motions are granted. The truth of the matters specified in Plaintiff's Request for Admissions, Set One as to DEBORAH M. REED-JACK are deemed admitted, and the genuineness of the documents set forth in Plaintiff's Request for Admissions, Set One are deemed admitted. Page 3 of 3 The truth of the matters specified in Plaintiff's Request for Admissions, Set One as to KEVIN J. REED are deemed admitted,...

Excerpt: ...79 and 1102, fraud, negligent misrepresentation, and negligence. Plaintiffs allege that Moving Defendants brokered a sale of real property (the "Property") on behalf of the seller and failed to disclose "defects in the electrical system." (Complaint at '1 63.) Plaintiffs additionally allege that they have been disturbed twice in the night by persons who previously purchased marijuana from the Propertvs seller. (ld. at 33.) Plaintiffs additionally...

Excerpt: ...esponses to interrogatories and requests for production, the moving party must engage in meet and confer efforts to try to resolve the disputes. [interrogatories]; [requests for production]. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the moton. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past his...

Excerpt: ...in propria persona by filing an Answer to the original Complaint on November 24, 2021. He attended Case Management Conferences on June 14, 2022, October 25, 2022 and December 20, 2022. He failed to file an opposition to, or attend the September 1, 2022 hearing on Plaintiff's Motion to Compel discovery responses. The order on the Motion to Com#l was discussed by the Court during the Case Management Conference on October 25, 2022, which Defendant a...

Excerpt: ...negligent failure to warn, and negligent supervision of a minor. Plaintiff alleges that she suffered childhood sexual abuse from Defendant EDWARD HEARN ("HEARN") and that DUSD is liable on the basis that it employed HEARN as a substitute teacher while Plaintiff attended Dixon High School and as a swim coach for the school swim team of which Plaintiff was a member. DUSD raises seven issues in its moton: (1) that Government Code section 905, subdiv...

Excerpt: ...Travel Trailers of California, Inc. (2006) 144 Cal.App.4th 785, 817 [appellate court approved over in fees attributable to the motion for attorney fees]. However, only the latter and not the former are subject to any significant multiplier, to compensate for such factors as risk and delay in recovering attorneys fees. Graham v. DaimlerChrysler Corp. (2004) 34 Cal.4th 553, 580-582. The court's role is to review the claims for attorneys fees, and m...