Excerpt: ... the 'game' element out of trial preparation". (Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 375.) "A principal purpose of the new discovery act is to facilitate expeditious dispositon of litigation" and "[i]t would contravene that purpose to require two steps in a discovery proceeding where one suffices." (Laddon v. Superior Court (1959) 167 Cal.App.2d 391, 396.) Regardless of whether Defendant legitimately construed Plaintiff's reque...

Excerpt: ...the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reasonable and go...

Excerpt: ... would support judgment on the pleadings in favor of Defendants, probably with leave to correct these deficiencies, if they can be corrected (the court finds the discovery responses by SKINNER suggestive but not conclusive as to her lack of standing to pursue a survivor action following the death of the named plaintiff). Nevertheless, summary judgment is proper here because Defendants presented suffcient evidence to negate the element of breach o...

Excerpt: ...A, acting in the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure section 2016.040 requires a declaration "showing a reas...

Excerpt: ...f 4 the scope of his employment with MEDIC, caused his vehicle to collide with Plaintiff's vehicle, causing injury. The court has not received opposition to either motion. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work these issues out before resorting to a motion to compel further responses. Code of Civil Procedure secton 2016.040 requires a declaration "showing a reasonable and...

Excerpt: ...to prevent Plaintiff from taking possession of the property, they may file with the court an undertaking in the amount of to cover potential costs and damages that may be sustained as a result of Plaintiff's failure to gain possession. (Code Civ. Proc. S 515.020.) The levying offcer is not authorized to enter a private place to take possession of the property. Plaintiff has not provided the court with any competent evidence establishing probable ...

Excerpt: ...lege breach of the implied Page 2 of 3 warranty of habitability and related claims with regard to real property (the "Property") rented from Defendants. Meet and Confer Efforts. The court first considers the adequacy of the parties' efforts to meet and confer to work discovery issues out before resorting to a motion to compel further responses. The trial court has discretion in determining whether adequate meet and confer efforts preceded the fil...

Excerpt: ...edure section 435, 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 claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc., S 431.10.) "The grounds for a moton to strike s...

Excerpt: ...the arbitration agreement. The contract to rent the storage space and inclusive of the arbitration provision was provided by UHAUL (and Plaintiff also attached a copy to the complaint, and has not disputed that she signed the contract). The arbitration provision also contains a waiver of the right to pursue or participate in representative actions. Page 2 of 7 Plaintiff's opposition to this motion to compel arbitration raised two basic arguments:...

Excerpt: ... every original purchaser executed a purchase agreement that included a requirement that all post-closing disputes would be resolved pursuant to a separately executed "Individual Dispute Resolution Agreement" and a "Master Dispute Resolution Declaration". (Decl. of Kelly, 3, Exh. 1, S 20.) The "Declaration" set forth the claims process, including the "mandatory arbitration procedures [for] all post-closing Disputes between Declarant and Owner". (...

Excerpt: ...c policy. Summarized, Plaintiff argued that Defendant terminated her employment because she made whistleblower complaints; Defendant argued that it terminated her employment for the legitimate independent reason that she unnecessarily included patient health information ("PHI") in those complaints in violation of company policy and direct warnings. Legal Standard. Bases for a new trial moton include, as relevant, irregularities in the proceedings...

Excerpt: ...home (the "Property") from Defendants VLADISLAV FRENK ("FRENK") and AIDA NAFTALIYEV. Notice of Tentative Ruling. ALLIANCE's notce of demurrer does not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under Local Rule 3.9, subdivision (d). ALLIANCE is cautioned to observe local rules going forward. Legal Standard on Demurrer. "The function of a demurrer is to test the sufficiency of the comp...

Excerpt: ...ve golf car. The court has received S&S's reply to Plaintiff's opposition to the motion, as well as S&S's reply to Plaintiff's response to S&S's proffered undisputed material facts. The court has not received a response by S&S to Plaintiff's proffered undisputed material facts. Objections to Evidence. In ruling on a motion for summary judgment or adjudication the court need only rule on those evidentiary objections that it deems material to its d...

Excerpt: ... system, as is required under Local Rule 3.9, subdivision (d). Plaintiffs are cautioned to observe local rules in future filings. Legal Standard on Demurrer. Code of Civil Procedure section 430.20 authorizes a party to demur to an answer to the party's complaint where the answer does not state facts sufficient to constitute a defense. Demurrers to complaints and demurrers to answers generally follow the same analytical process. (South Shore Land ...

Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...

Excerpt: ...ch the defendant acted on behalf of the plaintiff in a transaction, and either misled or failed to fully disclose information they should have known, which was a substantial factor in causing the plaintiff harm. CACI 4111; Civil Code 51573. Fraud (intentional misrepresentation) involves making a knowing misrepresentation with intent to induce reliance, causing justifiable reliance and harm. Behnke v. State Farm General Ins. Co. (2011) 196 Cal.App...

Excerpt: ...es of motions (although the captions of the notces bear the correct date, as does Plaintiff's oppositions), and to claim that Defendant's counsel had failed to adequately meet and confer before filing the motions. Plaintiff specifically argued that the failure of Defendant's counsel to request an informal discovery hearing precluded a finding of adequate meet and confer efforts. There is no authority for this proposition, nor has Plaintiff's coun...

Excerpt: ...hat is subject to the jurisdiction of the court or the relief demanded in the action would exclude the party from any interest in the property. Strict compliance is required to obtain leave to serve by publication. County of Riverside v. Superior Court (1997) 54 Cal.App.4th 443, 450. Further, constitutional principles of due process of law require that service by publication be used only as a last resort. Watts v. Crawford (1995) 10 Cal.4th 743, ...

Excerpt: ...h); 2. That there is no meritto each of the Defendants' affirmative defense allegations in their Amended Answer to Plaintiff's Third Cause of Action in their Third Amended Complaint for Unruh violations. In support of her Motion, Plaintiff submits four declarations: from herself, her counsel, and two experts, David Atkin, M.D„ and Steve Schraibman, CASP, AIA. She does not prov-de a Separate Statement of undisputed Material Facts. b. Opposition:...

Excerpt: ...ey's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. Where a contract provides for attorney's fees, as set forth above, that provision shall be c...

Excerpt: ...aintiff, now an adult, suffered childhood sexual abuse from Defendant EDWARD HEARN ("HEARN"), a DOLPHINS employee. Legal Standard on Demurrer. "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...

Excerpt: ...ictim". (Thing v. La Chusa (1989) 48 cal.3d 644, 667-658; Bird v. Saenz (2002) 28 cal.4th 910, 915.) A bystander may be aware that an injury-producing event is causing injury to the victim without visually observing the exact moment of injury. (Krouse v. Graham (1977) 19 Cal.3d 59, 76; Wilks v. Hom (1992) 2 Cal.App.4th 1254, 1271; see, Bird, 28 Cal.4th at 916 ["To be sure, Thing's requirement that the plaintiff be contemporaneously aware of the i...

Excerpt: ...ugs and/or controlled substances were in her system at the tme of October 25, 2021 motor vehicle collision." Timeliness of Motion. Code of Civil Procedure section 1987.1 gives the trial court power to quash, modify, or direct conditional compliance with a subpoena upon a party's motion. The court may make any order as appropriate to protect the subpoenaed entity from unreasonable demands. Code of Civil Procedure section 1985.3, subdivision (g) mo...

Excerpt: ...bd. (b), 2016.040.) Defendant's counsel's declaration accompanying its motion to compel states that since denial of Defendant's previous motion for leave to conduct a mental examination on February 22, 2023 the parties have met and conferred by phone and email. (Declaration of Simone M. Leighty in Support of Motion at "1 7-8, Exhibit F.) Subsequent to these discussions Defendant served a new demand for examination on March 13, 2023, to which Plai...

Excerpt: ...us and cause for its denial". (Cal. Rules of Court, rule 3.1113, subds. (a)-(b).) Additionally, on the court's own motion, the court vacates the entry of default on January 19, 2023. Plaintiff's proof of service of the summons and complaint, on a Judicial Council form that explicitly instructs the user "not [to] use this form to show service of a summons and complaint", establishes a failure to satisfy statutory requirements for service of a summ...