Excerpt: ...ured, as required for liability under Labor Code Section 4558. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 34, 37‐43, 47 and evidence cited therein). In fact, according to the evidence submitted, there was a “cover guard” on the press, which plaintiff himself opened so that he could work on the inside of the press just prior to the accident. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 12‐ 18 and evide...

Excerpt: .... Rules of Court, rule 3.500(d).) The parties agree that the actions are not complex. The Sacramento action is based on the same facts as Plaintiff's fifth cause of action for misappropriation of trade secrets and therefore share predominating common questions of fact and law. Transfer and coordination will promote the convenience of all parties, witnesses and counsel, the efficient utilization of judicial resources, and the likelihood of settlem...

Excerpt: ...udice to some of the parties. This motion may be renewed if there are claims that do not settle at the mediation stage, and upon designation and/or discovery of expert witnesses, if the court at that later time can determine that the benefits of trial consolidation can be achieved without significant risk of prejudice. ...

Excerpt: ... strike is untimely. However, no proof of service for the summons and complaint has been filed, and whether defendants Page 2 of 2 were ever properly served with the summons and complaint is unclear. Therefore, the court does not find the motion to strike to be untimely. The complaint alleges facts indicating that plaintiff HARRIS repeatedly advised defendants of the dangerous and defective condition of the heater and smoke detectors in her apart...

Excerpt: ...laintiff's counsel in his moving papers. To prevail on a motion to set aside a dismissal under CCP §473, plaintiff's counsel was required to submit a “sworn affidavit” attesting to his mistake. Although plaintiff's counsel refers to a declaration in the title of his motion papers, no declaration, that is, no statement signed under penalty of perjury, was filed. Moreover, even if the document submitted had been signed under penalty of perjury...

Excerpt: ...of the subject accident by PARMOD KUMAR dba ROBY TRUCKING. [KUMAR's Undisputed Fact 3]. It is also undisputed for the purposes of this motion that KUMAR dba ROBY TRUCKING carried workers' compensation insurance for his employees, and that the insurer has provided workers' compensation benefits to the survivors of Levy. [KUMAR's Undisputed Facts 4‐6]. While KUMAR operated a trucking business and employed Levy under the fictitious business name o...

Excerpt: ...c bodies.” Cohan v. City of Thousand Oaks (1994) 30 Cal.App.4th 547, 555. Thus, meetings of public agencies should be made open to the public, unless a stated exception applies. Government Code §54953(a) [“All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter”]. There is...

Excerpt: ...ned on the basis of foundation and lack of personal knowledge. The court agrees with Plaintiff's late‐filed reply that Defendant's opposition to motion for summary judgment implies that an unknown amount of funds for unknown invoices may be due to Plaintiff. However, this implication is insufficient to establish a basis to grant Plaintiff's motion for summary judgment. Plaintiff has not met its “burden of showing that there is no defense to a...

Excerpt: ...n and Regina Yin are compelled to attend their depositions scheduled on July 23 and July 24. Plaintiffs are awarded reasonable attorneys' fees and costs from Defendants as monetary sanctions in the amount of $1,040, payable within 30 days of the date of service of the order awarding sanctions. The Court does not consider any matters that are not stated in Plaintiffs' notice of motion and raised for the first time in Plaintiffs' reply. (Kinda v. C...

Excerpt: ...n for her failure to produce any new or different matter at an earlier time. (Baldwin v. Home Sav. of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.). ...

Excerpt: ...sh Subpoena to David Grant USAF Med Center filed by Plaintiff Motion to Quash Subpoena to Rohit's Cleaning Service filed by Plaintiff TENTATIVE RULING The court notes that the meet and confer efforts were inadequate. Plaintiff's counsel's emails, which did not begin until April 19, 2018, simply reiterate her objections to the subpoenas and argue that none of the documents sought in the subpoenas is discoverable. This is not the law. Clearly, some...

Excerpt: ...halal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287. As noted in California Practice Guide, Insurance Litigation at §§15:140 et seq.: Pleading Third Party Claims Against Insurers a. [15:140] No direct action generally: As stated earlier, a person injured by the insured generally has no direct action against the insured's liability insurer to obtain a settlement. See ¶ 15:11 ff. Page 3 of 4 b. [15:141] No joinder in action agai...

Excerpt: ...ARTNERS, LLC, and PACIFIC SECURITY CONSULTANTS (“PSC”), PSC has a duty to defend and indemnify cross‐complainants in the underlying action filed by RANDALL LEE SHERWOOD and ALBERTA LATORRES. The court's ruling is based on the undisputed evidence that: (1) The services contract between STARWOOD and PSC requires PSC to defend, indemnify, protect, and hold harmless the “Manager” and “Owner” of the shopping center property known as “S...

Excerpt: ...other party material to Plaintiff's theory of relief, what the defendants did or did not do to make them liable to Plaintiff, or why the defendants owed Plaintiff a duty to act or refrain from acting. Plaintiff has not met his burden of proving that it is reasonably possible to cure the defects by amendment. (Blatty v. New York Times Co. (1986) 42 Cal.3d 1033, 1041; Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 2...

Excerpt: ...ant Owen “is presumed to know who his customers were at the time a business was conveyed” and therefore the injunction prohibiting solicitation of former customers “provides sufficient notice”. (Amended Preliminary Injunction, p. 11:7‐ 9.) A preliminary injunction is not intended to include the detail and scope that an order would have after a fully contested trial in which the parties would have the opportunity to present and refute ev...

Excerpt: ...ade secret through improper means, and Defendant's action damaged Plaintiff. (CytoDyn of New Mexico, Inc. v. Amerimmune Pharm., Inc. (2008) 160 Cal.App.4th 288, 297.) Plaintiff alleges that trade secret information was obtained or derived through Defendant Siegrist, who owed a duty to Plaintiff to maintain its secrecy and limit its use. (Complaint, ¶¶ 18, 23, 27.) Not only does Plaintiff allege that Defendant Siegrist acted as an agent or emplo...

Excerpt: ...are entitled to judgment as a matter of law. Defendants have submitted uncontroverted evidence that SUARD'S diagnosis and treatment of decedent PATRICK KRAINERT were within the standard of care, including SUARD'S prescribing the drug, Gabapentin, for him without discussing the rare possibility that it could produce suicidal tendencies. (Declaration of Benny Gavi, M.D.). Further, the conduct of SUARD was not a substantial factor in causing the dea...

Excerpt: ...dice. Defendants have established that Plaintiff's action arises out of the investigation and prosecution of an action for code enforcement violations occurring at real properties owned by Plaintiff, which constitutes protected activity. (Squires v. City of Eureka (2014) 231 Cal.App.4th 577, 589; see, Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056 [a cause of action arising from a defendant's litigation activity is subject to special motion to str...

Excerpt: ... there does not appear to be a possibility of alleging such facts. Therefore, a judgment of dismissal as to the complaint of ERICKA JOHNSON only shall be entered. ...

Excerpt: ...Y PLASTERING, INC., to defend PULTE HOME CORPORATION in this construction defect action is granted in part. The court finds, as a matter of law, that MID VALLEY PLASTERING, INC., has an express contractual duty to defend PULTE HOMES in this action as to “the matters embraced by the indemnity.” (Civil Code, § 2778(4); Crawford v. Weather Shield Manufacturing, Inc. (2008) 44 Cal.4th 541). The “matters embraced by the indemnity” were intend...

Excerpt: ...demurrer to the complaint against them, and ordered that they be dismissed in this case. At the request of plaintiff, the court continued the hearing on defendants' demurrer from May 3, 2018, to June 11, 2018. Plaintiff appeared at the hearing on June 11, 2018; the court indicated that it was sustaining the demurrer without leave to amend; and plaintiff asserted no objections. On June 14, 2018, the court issued an order sustaining the demurrer wi...

Excerpt: ...luded no proposed pleading in intervention. While the motion claimed that CHANG WANG was an owner of the units at issue in this action, Plaintiff requested judicial notice of recorded documents showing that title to those two units was held only in the name of CHANG's wife (and defendant) YEN LING WANG. A spouse need not be named as a defendant, if the action concerns property or liability as to the other spouse. C.C.P. §370 [“A married person...

Excerpt: ...eration of the December 2017 order), but not the grounds for issuance. A memorandum of points and authorities “must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” CRC 3.1113(b). Plaintiff here combined her notice of motion with the points and authorities. However, she did not state in any coherent ...

Excerpt: ...under 14 who has a substantial interest in the litigation. (Landry v. Berryessa Union Sch. Dist. (1995) 39 Cal.App.4th 691, 696.) However, the burden is on the moving party to establish a substantial interest in the litigation. As it appears that a motion under CCP § 36(b) is mandatory in the same manner as a motion brought under CCP §36(a), it appears that such a motion “may be supported by nothing more than an attorney's declaration bas...

Excerpt: ...ich this Court may construe as an admission that the motion is not meritorious and cause for denial. (Cal. Rules of Court, rule 3.1113, subds. (a)‐(b).) And, Defendants have failed to identify any statutory requirement for verification of any of Plaintiffs' causes of action. “In general, complaints need not be verified” and “[v]erification is necessary only when called for by a particular statute.” (Murrieta Valley Unified Sch. Dist. v....