Excerpt: ...00 case management fee on February 7, 2023, Page 3 of 3 due upon receipt or no later than 30 days from the date of the invoice. On March 3, 2023 a reminder was sent by AAA to Defendant and the message was relayed to the person responsible for approving large expenditures; however, he was on vacation and did not respond to Defendant's general counsel until March 7 with the approval. However, the payment was not issued. On March 14, 2023, AAA sent ...

Excerpt: ...e deposition was unilaterally set, which is incorrect. In fact, Plaintiff's counsel requested dates on which Steve Circosta would be available, but Defendant's counsel failed to respond. Decl. of David Perkins, "11.) In response, Plaintiff's counsel extended an offer to meet and confer which was unsuccessful. The Court notes that the deposition notice was already for a remote deposition and Plaintiff indicated to defense counsel that the depositi...

Excerpt: ... discovery issues out resorting to a motion to compel further responses. 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 (Obregon) [factors include complexity of discovery issues, history of counsel in prior disputes, judge's gut feeling; sending one brief letter 13 days prior to deadline to file motion was not sufficient...

Excerpt: ...d due to a defective golf car. Plaintiff has stated that he does not oppose this motion. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an element of his cause of action. (Code Civ. Proc., S 437c, subd. A summary judgment motion is pro#rly granted where the evidence in support of the moving party would be suffcient to sustain a judgment in his favor and his opponent does not show facts s...

Excerpt: ...ver, a constitutional or statutory provision must identify a clear, nondiscretionary duty to act upon the facts alleged or an abuse of discretion in how [respondent] chose to act" and a petition must "show that there is some specific statutory mandate that was violated by the [public entity]." (In re Dohner (2022) 79 Cal.App.5th 590, 598-599, internal quotations and citations omitted.) Petitioner has not established that Respondent owed a clear, ...

Excerpt: ... 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 filing of the motion. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424 (Obregon) [factors include complexity of discovery issues, history of counsel in prior disputes, judge's gut feeling; sending one brief letter 13 days prior to deadline to file motion was not suf...

Excerpt: ... Defendant, was assaulted by train passenger Susanna Campos and her daughter Angie Campos, who was waiting for Susanna at Suisun Station. Objections to Evidence. In ruling on a motion 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. (q).) The court finds the first two of Defendant's three objections to Plaintiff's evidence im...

Excerpt: ...rnia Environmental Quality Act (the "CEQA"). additionally moves to dismiss the petition on the same grounds upon which he bases his demurrer. The court takes judicial notice under Evidence Code section 452, subdivision (c) of Exhibit A, constituting the notice of exemption stating the categorical exemption of U-18-01-MR1 from the CEQA filed May 5, 2022. The petition was filed on July 26, 2022. Public Resources Code section 21157, subdivision (d) ...

Excerpt: ...cation. (NBC subsidiary (KNBC-TV), Inc. v. superior court (1999) 20 cal.4th 1178, 1208; Mercury Interactive Corporation v. Klein (2007) 158 Cal.App.4th 60, 84.) Accordingly, a court record must not be filed under seal without a court order. (Cal. Rules of Court, rule 2.551(a).) Such an order must not be based solely on the agreement of the parties. (Cal. Rules of Court, rule 2.551(a).) A party seeking the sealing of a court record must file a wri...

Excerpt: ...isputed material facts demonstrated that SUTTER was entitled to judgment because Plaintiffs were unable to prove all elements of their causes of action, and that Plaintiffs failed to establish triable issues of material fact in response. MITCHELL was self-represented at the time when opposition to SUTTER's motion was due and failed to submit timely opposition. MITCHELL states that she has now retained counsel and requests reconsideration so that ...

Excerpt: ...ars that these conditions have existed since Plaintiff filed her initial action in case number FCS052193 on January 18, 2019, which has been pending, without apparent urgency, for over four years and which is currently scheduled to commence trial on July 31, 2023. (Decl. of Straus, 7.) Not only has Plaintiff failed to identify any recent deterioration of health that might explain the current demand for preference (no motion for preference was sub...

Excerpt: ...ocument may be accepted when made by a party or if there is no factual dispute over the contents of the document]; Fowler v. Howell (1995) 42 Cal.App.4th 1746, 1749-1750 [court may take judicial notice of the records and files of a state administrative board]; see, e.g., Tapia v. County of San Bernardino (1994) 29 Cal.App.4th 375, fn. 1 [taking judicial notice of the records of the Workers' Compensation Appeals Board].) Although Plaintiff objects...

Excerpt: ...015.040) and fails to establish that the parties engaged in a "serious effort at negotiation and informal resolution" that amounted to a sufficient "attempt to talk the matter over, compare their views, consult, and deliberate." (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1294; Townsend v. Superior Court (1998) 61 Cal .App.4th 1431, 1439.) Respondent's counsel's declarations do not demonstrate that the parties ever discussed the claimed insuf...

Excerpt: ...t EDWARD HEARN ("HEARN"), a teacher, while attending a DUSD school. Request for Judicial Notice ("RJN"). Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). The court takes judicial notice of the docket of this case (relevantly showing that DUSD was served with Plaintiff's original complaint on October 7, 2020), DUSD's tort claim to DIXON made on August 18, 2022, DIXON's refusal...

Excerpt: ...igent 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 hospital on September 3, 2020. The court has not received opposition from FERGUSON. Page 2 of 5 Objections to Evidence. MITCHELL's objection to UNIVERSAL's Exhibit D, purportedly a security camera video sh...

Excerpt: ...(1941) 44 Cal.App.2d 71, 73.) Plaintiff lists various potential causes of action in the caption before simply listing alleged facts without making any attempt to separately state the causes of action sought to be pursued. From the facts alleged in the body of the complaint, it appears that Plaintiff attempted to state causes of action on the legal theories that Plaintiff's employment was wrongfully terminated either in direct violation of the Fam...

Excerpt: ...ent. This statute provides a summary procedure for enforcing a settlement agreement without the need for a new lawsuit. (Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1252.) A settlement agreement to which parties stipulate orally before the court has established its terms on the record and is not vulnerable to conflicting interpretations; thus judgment may be entered on those terms. (Skulnick v. Roberts Express, Inc. (1994) 2 Cal.App.4th 884, 889...

Excerpt: ...1). C.C.P. §425.16(e)(2) defines “act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue” to include “any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law”. C.C.P. §425.16(e)(2) can encompass sta...

Excerpt: ...sers who might make an offer on the property. The court also intends to modify the provision requiring Defendant Stewart to “continue to make payments on the mortgage of the Property pending its sale” after she has vacated the property. Given the referee's averment that Defendant Stewart “is completely unwilling to cooperate” with the partition process, it does not appear prudent to rely solely on Defendant to continue to make these payme...

Excerpt: ...s. Any insufficiency in these supplemental responses must be raised by a new motion Page 5 of 5 accompanied by a meet and confer declaration demonstrating a “reasonable and good faith attempt at an informal resolution of each issue presented by the motion.” (Code Civ. Proc. § 2016.040.) To meet this meet and confer requirement, counsel must engage in a “serious effort at negotiation and informal resolution” that amounts to a sufficient �...

Excerpt: ...021, plaintiff's counsel sent a notice for defendant's deposition to take place on April 6, 2021, more than a month before the date set for plaintiff's deposition. A litigation battle ensued, with neither side conceding. Depositions were repeatedly set and canceled. Other issues arose. A delay in prosecution was the ultimate result. Page 2 of 5 The lawsuit is now 26 months old and neither the deposition of the plaintiff nor the deposition of the ...

Excerpt: ... to the sales contract. Nor was FCA US LLC an “employee, agent, successor, or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, t...

Excerpt: ...ocedure sections 1281.97 and 1281.98 provide that where a party responsible under an arbitration agreement for payment of arbitration fees fails to pay required fees within thirty days of the fees' due date that party waives its right to compel the other party to continue with arbitration. The waiver of that right affords the other party certain privileges, most relevantly the ability to withdraw from arbitration and proceed in state court and th...

Excerpt: ..., or assign” of the dealer. Further, FCA US LLC may not enforce the arbitration clause under the doctrine of equitable estoppel or as a third party beneficiary. In contending that the arbitration clause applies to FCA US LLC under the doctrine of equitable estoppel, defendant primarily relies on Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. However, in that case, the dealer, who was a signatory to the sales contract, had been named as a d...

Excerpt: ...r from either Plaintiff's motion or Michelle Lim's declaration, or from Defendant's opposition or Sat Sang Khalsa's declaration that there was ever an actual agreement to stay discovery. Lim did not submit any emails or letters between the attorneys, although she referred to them in her declaration. Khalsa submitted some emails. Neither party submitted any emails or letters relating to or responding to the February 15, 2022 email from Lim to Khal...