Excerpt: ... relevant to the pending petition to compel arbitration. Opening up discovery to the potential class makes no sense and imposes the costs of significant discovery on Defendant in a case in which Plaintiff may not be able to serve as a representative in one or more aspects of this case and in which a petition to compel arbitration is pending. Further, without a prior court order and/or agreement by Plaintiff that engaging in this expanded scope of...

Excerpt: ... deposition testimony if the opposing party has no notice or expectation that the expert will offer the new testimony or if notice of the new testimony comes at a time when deposing the expert is unreasonably difficult. (Dozier v. Shapiro (2011) 199 Cal.App.4th 1509, 1519; Kennemur v State of California citing Easterby v. Clark (2009) 171 Cal.App.4th 772, 780; Boston v Penny Lane Cts., Inc. (2009) 170 Cal.App.4th 936, 952.) The parties agreed, an...

Excerpt: ...endant shall notify the court and opposing party by October 2, 2021 at 10 a.m. (As this case is scheduled with statutory priority to commence October 6, 2021, the parties have informed the court they will be working through the weekend.) Motion for Summary Judgment on Case Specific Grounds Defendant's motion for summary judgment on case specific grounds or, in the alternative, summary adjudication, is continued to October 6, 2021 at 10:30. Defend...

Excerpt: ...ter July 23, 2020, when DAYTON was mailed the challenged final administrative decisions on two parking citations. Review under Code of Civil Procedure section 1094.5 is not available for parking citations. Those are handled entirely under Vehicle Code section 20400 et seq., which states that parking tickets “shall be governed by the civil administrative procedures set forth in this article.” Division 17, Chapter 1, Article 3 of the Vehicle Co...

Excerpt: ...onduct and Plaintiffs' damages from experiencing childhood leukemia. (CCP, § 598.) In reaching this decision, the court understands that this case is distinct from cases involving non‐Hodgkins lymphoma (“NHL”) which has been definitively linked by the IARC to the substantial exposure to glyphosate based upon studies. Unlike NHL, Plaintiff's expert (a member of the IARC) testified that IARC has not linked ALL to exposure to glyphosate in ei...

Excerpt: ...'s Motion to Deem Matters Admitted. Defendant MIKE TALKINGTON's unopposed motion to deem facts admitted is granted. Plaintiff MIKE LOWRIE TRANSPORT, INC., shall be deemed to have admitted all propounded Requests for Admission (Set Two). Defendant MIKE TALKINGTON's Motion to Compel Responses to Form Interrogatories (General) The motion to compel Plaintiff MIKE LOWRIE TRANSPORT, INC. to respond to written responses to form interrogatories filed by ...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ..., Williams v. State of California, under Evidence Code section 452, subdivision (d) as records of the court. Claims Act Compliance. Plaintiff cannot bring a tort case against Defendant, a public employee acting in the course and scope of her employment at the time of the underlying incident, unless Plaintiff shows she properly presented a written administrative claim for her injuries to Defendant's employing public agency (the State of California...

Excerpt: ...I HATCH‐SMITH and filed June 14, 2021. The BIANCOS' second motion is to be awarded attorneys' fees and costs incurred in their partition action against PATTI E. HATCH‐SMITH (“HATCHSMITH”). Their partition action was consolidated with related cases concerning title to the property at issue (the “Property”) and monies owed to the BIANCOS for work performed. Attorneys' Fees under Code Civ. Proc., § 874.010. Code of Civil Procedure secti...

Excerpt: ...e of Civil Procedure section 2016.040 requires a declaration “showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion” to compel. The court finds Plaintiffs' counsel's declaration accompanying the motion to compel sufficient to show reasonable and good faith meet and confer efforts. (Declaration of Kevin R. Elliott at ¶¶ 8‐9, 11.) Requests for Admissions. Requests for Admissions #4‐5 r...

Excerpt: ... 119, 124, 125, 126 and 128; and denied as to interrogatories 112, 113, 116, 118, 127, 131, and 132. Plaintiffs' motion to compel further responses to Requests for Production, Set Two is granted as to requests 60, 63 and 64; and denied as to requests 54, 55 and 62. Plaintiff's counsel here identified no further meet and confer effort after Defendant filed amended responses to some of the discovery at issue in Plaintiff's motions (Special Interrog...

Excerpt: ...Communications preparatory to, or in anticipation of litigation, are protected if they concern the subject of the dispute “and [are] made in anticipation of litigation contemplated in good faith and under serious consideration”. (People ex rel. Fire Ins. Exch. v. Anapol (2012) 211 Cal.App.4th 809, 824.) Defendant presents evidence that the claim submitted to Plaintiff's surety was either “a necessary prerequisite to expected litigation or w...

Excerpt: ...r summary adjudication the court need only rule on those evidentiary objections that it deems material to its disposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) Moving Defendants' Objections #1‐26, 29‐43, and 45 are overruled. The parties' remaining objections are deemed immaterial to the disposition of the motion. Legal Standard. A defendant may move for summary judgment on the basis that the plaintiff cannot establish an elem...

Excerpt: ...laintiffs' survival causes of action against Defendant were raised but not timely brought to trial, and Defendant has not requested judicial notice of any matter establishing that the survival causes of action are not in conformity with the laws of the state, a court rule, or an order of the court. While Defendant attempts to present as an exhibit a copy of a 2005 complaint filed with the Superior Court of San Francisco by the decedent, the exhib...

Excerpt: ...ng further meet and confer. During the July 9, 2021, hearing, Mr. Amin objected to the Receiver and GlassRatner being paid $172,000 in aggregate fees in the BMO matter. The Receiver and Mr. Amin were directed to further meet and confer and the Receiver to provide Mr. Amin with supporting documentation for the fees incurred. The court ordered that following meet and confer if specific objections to the fees persisted, HASSANALLY was required to su...

Excerpt: ...ctivities of daily living and cannot Page 3 of 3 live alone. (Complaint at ¶ 18.) Plaintiff requires constant monitoring due to “severe Alzheimer's.” (Complaint at ¶ 20.) Plaintiff suffers from “dementia.” (Complaint at ¶ 22.) The complaint states that Vincent Hackett brings the action as Plaintiff's attorney in fact. Mr. Hackett, as Plaintiff's attorney in fact but not her guardian ad litem, does not have the ability to bring an actio...

Excerpt: ... portion of Defendants' motion constitutes an improper disguised motion for reconsideration. (See, Morite of Cal. et al. v. Superior Court (1993) 19 Cal.App.4th 485, 490 [a motion for reconsideration pursuant to Code of Civil Procedure section 1008 is the exclusive means for a party to seek modification, amendment, or revocation of an interim order].) Defendants' demurrer to the third cause of action for negligence is sustained without leave to a...

Excerpt: ...ciaries of a trust have no standing to sue on claims belonging to the trust. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §§2:6.5 through 2:6.7, pp. 2‐4 and 2‐5. It is the trustee of the trust who has standing and capacity to sue, to assert claims on behalf of the trust, and its beneficiaries. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §2:6, p. 2‐3. As to each of the causes of action asserted by trustee ...

Excerpt: ... liability. Both causes of action share the same elements of duty, breach, causation and damages. Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158 [“The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury”]. The majority of Defendants' arguments in this motion seek to negate a necessary element shared by both the negligence and the p...

Excerpt: ...Santa Clara Street, Ste 278, Hayward, CA 94544 (510) 266‐5826. Defendant served the motion upon Plaintiff and assignee. 4 COLLECTRIX subsequently filed an untimely opposition to this action. Further, a pro per cannot appear on behalf of a limited liability corporation as to do so constitutes an unauthorized practice of law. The court strikes the Opposition. The record shows that Mr. Childs had actual notice of the lawsuit. The lawsuit was maile...

Excerpt: ...ported by evidence and law. (See, e.g., Grappo v McMills (2017) 11 Cal.App.5th 996, 1013.) Plaintiff is awarded reasonable attorneys' fees of $21,381.02 in securing the default judgment as to Quinto, as calculated using the schedule of attorneys' fees in default matters provided by local rule. (Local Rules of Court, rule 9.1, subds. (a), (d).) Plaintiff has not established that the award of a higher amount is warranted or reasonable under the cir...

Excerpt: .... There are two essential elements to the issuance of a writ of mandate: 1) a clear, present, and usually ministerial duty upon the part of the respondent and 2) a clear, present, and beneficial right in the petitioner to the performance of that duty. (Venice Town Council v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1558.) Although the duty to screen an inmate appeal is ministerial, the decision to reject or cancel an inmate appeal is a dis...

Excerpt: ...is premature. There are numerous legal and/or factual issues that must be determined before the court can properly evaluate the motion to compel AAA appointment of a third appraiser, including, but not necessarily limited to, whether delivery of sealed appraisals to a mutually agreed‐ upon escrow agent was excused because of impossibility when the parties did not mutually agree upon an escrow agent; whether Defendants' refusal to consent to the...

Excerpt: ... mental examination. Plaintiff placed her mental and emotional condition at issue in the Complaint and is making a claim for mental and emotional distress above and beyond that usually associated with the physical injuries claimed. (C.C.P. §2032.320.) Good cause is also shown for the examinations to take place more than 75 miles from the current residence of the plaintiff. The accident occurred in California; plaintiff treated in California; the...

Excerpt: ... liability. Both causes of action share the same elements of duty, breach, causation and damages. Kesner v. Superior Court (2016) 1 Cal.5th 1132, 1158 [“The elements of a negligence claim and a premises liability claim are the same: a legal duty of care, breach of that duty, and proximate cause resulting in injury”]. The majority of Defendants' arguments in this motion seek to negate a necessary element shared by both the negligence and the p...