Excerpt: ...ilure to participate in the meet and confer process. Timeliness Defendant argues that plaintiff's motion is untimely as CCP section 2025.480 requires a motion to be filed within 60 days after the completion of the record of the deposition. Defendant argues that the date it served its objections is equivalent to the record of deposition. Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App.4th 123, provides that “under the plain meaning rule, the A...

Excerpt: ...attacks; stomach problems; diarrhea; cognitive impairment; fatigue; chronic fatigue; chest pains; and urinary tract and bladder infections. In the complaint, Plaintiff alleged that she sought to work the day shift as a reasonable accommodation and provided five medical notes to Defendants but that Defendants did not engage in a good faith interactive process and took her off schedule and then sent her back to academy training because she was a di...

Excerpt: ...of agency or employment at the time of the subject accident. For the reasons stated below, the motion is DENIED. Defendants' objection, number 1 is overruled. The statement that a true and correct copy of the Traffic Collision Report is attached is not hearsay. The declaration states that the declarant has personal knowledge of the report, which is likely as an associate at the firm representing the plaintiff. Defendant's objection, number 2 is s...

Excerpt: ...nse to her discovery request, Plaintiff discovered that Defendant failed to disclose material facts about the Property to buyer KS Manson Partners, LP (“KSMP”) that, if appropriately disclosed, would likely substantially affect any potential purchaser's valuation of the property. Plaintiff has also received two appraisals of the Property which indicate values significantly below the pending KSMP offer and provide significant new information w...

Excerpt: ...s favor on December 11, 2017. On September 15, 2017, Plaintiff filed the complaint in this action and asserts causes of action to quiet title and for declaratory relief against Phan and the County of Sonoma. The complaint is based on Plaintiff's allegations that the County “erroneously assessed taxes on the Property;” Plaintiff's failure to pay the erroneously assessed taxes; the County's subsequent tax sale of the property to Phan at a publi...

Excerpt: ...ial notice is granted. A court shall limit the scope of discovery “if it determines that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence” (Code Civ. Proc., §2017.020, subd. (a)) or if it determines the discovery sought “is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenie...

Excerpt: ...he class action settlement; 2. Provisionally certifying the Settlement Class, which is defined as: all persons employed by Defendant Escalante-Sonoma, LLC (“Defendant”) in California during the Settlement Class Period and who received a wage statement from Defendant at any time from February 28, 2018 through January 24, 2019, except for individuals who have waived, released and/or recovered monies upon the claims or any of the claims, in whol...

Excerpt: ...al.4th 26, 38; Fox v. JAMDAT Mobile, Inc. (2010) 185 Cal.App.4 th 1068, 1078 (“as long as a complaint consisting of a single cause of action contains any well-pleaded cause of action, a demurrer must be overruled even if a deficiently pleaded claim is lurking in that cause of action as well.”) Respondent Deborah Senecal (“Senecal”) argues that “Petitioner has not pled the necessary facts that he is the son of the Deceased.” However, P...

Excerpt: ... 425.16(e)(1) and (2) respectively make the anti-SLAPP statute applicable to causes of action arising from “any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;” and to “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...

Excerpt: ...r demurs as follows: (1) Plaintiff Lynmar demurs generally to the twenty-ninth affirmative defense in the Third Amendment to Answer of Gould Evans, Inc. and Douglas Thornley to Second Amended Complaint of Lynmar; (2) As to Douglas Thornley and Gould Evans, Inc., Lynmar demurs on the basis that the twenty-ninth affirmative defense fails to state facts sufficient to constitute a defense. Lynmar Winery, LLC's request for judicial notice, filed on Oc...

Excerpt: ...t all times mentioned in this complaint, [defendant] GUEN as a professional acupuncturist, treated plaintiff as a patient for which such treatment on May 18, 2016 the State of California Department of Consumer Affairs Acupuncture Board disciplined GUEN for “having sexual relations with a patient.” The issue of duty in a negligence action is a question of law and may be determined on a motion for summary judgment. (J.L. v. Children's Institute...

Excerpt: ...Insurance Company had a duty under a homeowners policy to pay them for their losses due to the destruction of their home in the Tubbs fire. Mid-Century, in turn, moves for summary judgment or adjudication on the ground that there was no insurance policy in effect at the time of plaintiffs' loss, therefore, plaintiffs cannot prove any of their claims. Mid-Century's request for judicial notice of the complaint is granted. Plaintiffs' residence was ...

Excerpt: ...ards, shall authorize, in writing, George Montana Hartley to deal with the County of Sonoma regarding the process of and obtaining the permits necessary to legalize the barn at 310 Pleasant Ave., Santa Rosa, CA as a dwelling unit so he can continue to reside in the barn for 10 years after 6/28/14, as intended by the Settlor. 7. George Montana Hartley may attempt to legalize the barn as a dwelling unit, and shall pay all expenses incurred to make ...

Excerpt: ...t: $7,322.15. However, the moving party relies on the wrong statute: CCP §701.020. CCP §701.020 falls under the chapter governing enforcement of money judgments by execution, not the chapter governing earnings withholdings orders. “Except as otherwise provided by statute, this chapter governs enforcement of a money judgment by a writ of execution.” (CCP §699.010.) And, as the Law Revision Commission Comments to section 699.010 state: “Se...

Excerpt: ...y privilege set forth in Evidence Code section 1014. Roe v. Sup. Ct. (1991) 229 Cal.App.3d 832, 837. When seeking information that potentially falls under the right of privacy, the party demanding disclosure must show a particularized need for the confidential information. Merely being relevant to the subject matter is not enough, and the moving party must show that the information is directly relevant to the case, in other words that it is essen...

Excerpt: ...i (1979) 93 Cal.App.3d 669, 679. The protection is not absolute and the information is discoverable where the need for discovery outweighs the privacy concerns. Palay v. Sup. Ct. (1993) 18 Cal.App.4th 919, 933; see also, Britt v. Sup. Ct. (1978) 20 Cal.3d 844, 859-862. To overcome the privacy right, the party seeking the information must show a particularized need and that the information is “directly relevant” to a cause of action or defense...

Excerpt: ...ition to Plaintiff's motion for attorney's fees and he and his family went out of town for 10 days; at the hearing on Plaintiff's motion on August 16, 2019, Plaintiff never mentioned the outstanding discovery, which had been served in July and the due date for which was fast approaching; after the deadline had passed, Plaintiff did not contact him about the discovery. He shows that once he found the discovery requests in September 2019, after the...

Excerpt: ...cedure sections 472, 473. A party may amend any pleading “once … of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon ....” Code of Civil Procedure section 472, emphasis added. Defendant Eduardo Juarez Espinosa (“Espinosa”) has already answered and this pending hearing is on for only a motion to strike, not a demurrer. The Court therefore fin...

Excerpt: ..., roof and fence until Ms. Garwood's death in July 2018. According to Defendants, after Content purchased the property, she discovered the common roof, wall and fence were in need of repair. Content apparently made multiple requests to Ms. Garwood prior to her death but Ms. Garwood refused to contribute to the repairs so Content was force to pay 100% of certain “critical” repairs. After Ms. Garwood's death, Content contacted Plaintiff, as Exe...

Excerpt: ...tute a cause of action against Evariste; (3) The Fourth Cause of Action fails to state facts sufficient to constitute a cause of action against Evariste. For the reasons discussed below, defendants' demurrer to the 2nd COA (promissory fraud) and 4th COA (promissory estoppel) are OVERRULED. Defendants' demurrer to the 3rd COA (cancellation of instrument) is SUSTAINED WITH LEAVE TO AMEND on the grounds that the record owner of the property (SNG Eva...

Excerpt: ...force the Settlement against the Sunhill Defendants, recognizing that it may not be enforceable against the Trustee. Plaintiff demonstrates that the terms at issue are obligations of Sunhill, Sunhill breached them, and Plaintiff wishes to enforce the Settlement against Sunhill because of Sunhill's breaches. Defendants do not dispute this and no term in the Settlement appears to require all parties to sign it or render it unenforceable against the...

Excerpt: ...t 3.1350(e). “‘Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion.' [Citation.]” (Oldcastle Precast, Inc. v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554, 568.) Additionally, plaintiffs submitted papers responding to defendants' reply documents. Such “sur-reply” papers are not authorized, but even if the papers were allowable...

Excerpt: ...�� (“GLV”) and Percy Miller, aka Master P (together “Plaintiffs”). For the reasons discussed below, the motion for summary adjudication is DENIED. 1. First Cause of action for Breach of Oral Contract; Second Cause of action for Breach of Implied Contract Defendants argue Privateer is entitled to summary adjudication on GLV's causes of action for breach of an oral and implied contract because the alleged contract is invalid under the statu...

Excerpt: ...y judgment or summary adjudication Defendant Kalene Birdsall moves for summary judgment or, in the alternative, summary adjudication of plaintiff's sixth cause of action for violation of business and professions code section 17200. Plaintiffs have filed notice of non-opposition to this motion. From July 2016 to April 2017, Kalene Birdsall worked for Christine Cline, a State Farm insurance agent. Ms. Birdsall had no employment relationship with St...

Excerpt: ...e claim for punitive damages in the FAC and the court granted the motion. The court found that alleging the defendant drove while intoxicated and caused an accident where the plaintiff was injured, even seriously, is an insufficient basis for punitive damages under Civil Code §3294. The denial of plaintiff's Petition for Writ of Mandate, filed after the above ruling, included the reasoning that since plaintiff could move “to amend his complain...

Excerpt: ...rior. The matter is now on calendar for a motion for determination of good faith settlement filed by Black Diamond Paving, Inc. (“Black Diamond”) and Earl Boland dba Sawcor Pavement Striping (“Sawcor”), collectively “Cross- Defendants.” According to the motion, Cross-Defendants have reached a settlement with Plaintiff whereby Plaintiff agrees to release all claims against both cross-defendants and in exchange, Black Diamond has agreed...

Excerpt: .... However, the information sought in request for admission #4 is improper and discovery is not the method by which to test the nature or number of causes of action in a pleading. The motion is thus denied as to request for admission #4 but granted in all other respects. The objection filed with the reply is OVERRULED. Any request for sanctions is denied as both sides have acted partially with, and partially without, substantial justification. Whe...

Excerpt: ... C. White; and Terran B. Broussard “that if [they] came out to work in California, Defendant Pride Contracting Inc. would provide seventeen to twenty-four months of fulltime work at $25 per hour, plus a per diem of $125 per day and a personal vehicle expense reimbursement of $8 per hour for every hour driven.” (Id. at ¶¶16-18.) Finally, Defendants allegedly promised plaintiffs Timothy Tingle and Peter Anderson “twenty-four months of full-...

Excerpt: ... 7, 8-9. Venue in transitory actions generally is properly in the county where the defendant resides, with certain exceptions. Code of Civil Procedure section 395(a). Venue in contract actions is also proper where the contract was entered into, i.e., where the words of acceptance were spoken, or where the obligation was to be performed. Code of Civil Procedure section 395(a). Contrary to the rule for actions against individuals, in actions agains...

Excerpt: ...ondie and/or defense counsel and Plaintiffs Joan Coke and Helen Straessle; prohibiting Defendants and their current counsel, or any newly appointed counsel, from utilizing at trial or in any other manner any communications from Plaintiffs Joan Coke and/or Helen Straessle; and prohibiting Defendants or their counsel, current or newly appointed, from obtaining or using any testimony from Plaintiff Helen Straessle in any manner whatsoever. On Septem...

Excerpt: ...contends that because the action resulted in a settlement by which Defendants would pay Plaintiff a monetary amount, Plaintiff is necessarily the “prevailing party” and is entitled to recover his reasonable attorneys' fees under the applicable statutes and under the parties' settlement agreement. Plaintiff contends he has incurred $59,283.75 in attorneys' fees and $3,346.33 in costs related to this action. Thus, Plaintiff seeks a total award ...

Excerpt: ...tgage Loan Trust 2005-WL2 (“Deutsche Bank”) on or about May 2, 2019. On August 30, 2019, when neither defendant had filed a response to the Complaint, the County filed a Request for Entry of Default against both defendants and the default was entered the same day. In this motion, the County moves for a default judgment under Code of Civil Procedure section 585(b) and requests that the Court issue a permanent injunction enjoining Tinker from, ...

Excerpt: ...ts. Therefore, the motion is denied without prejudice. Health & Safety Code § 17980.7(c) provides: “The enforcement agency, tenant, or tenant association or organization may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was se...

Excerpt: ...�� (“GLV”) and Percy Miller, aka Master P (together “Plaintiffs”). For the reasons discussed below, the motion for summary adjudication is DENIED. 1. First Cause of action for Breach of Oral Contract; Second Cause of action for Breach of Implied Contract Defendants argue Privateer is entitled to summary adjudication on GLV's causes of action for breach of an oral and implied contract because the alleged contract is invalid under the statu...

Excerpt: ...controversy by claiming a brain injury as a result of the subject October 2017 accident…” (Motion at 2:5-7.) Defendant contends there are “specific facts” from Plaintiffs deposition testimony, medical records, and a recent independent physical examination conducted by Deborah Doherty, M.D., which provide support for the requested exam. Additionally, Defendants aver that the initial examination by Dr. Doherty was interrupted by a paralegal...

Excerpt: ...r other remedy. However, Plaintiff fails to state facts sufficient to constitute any cause of action and the allegations are fundamentally unclear. Nothing indicates what Defendants actually did, who Defendant Claudine Kent even is or how she is involved, what defamation occurred, when, or the context or nature of it. As for demurring party, Plaintiff fails to state any statutory bases of liability, which is required for this Defendant as a gover...

Excerpt: ...f other insureds may be discoverable if relevant to the subject matter of the action or reasonably calculated to lead to admissible evidence. (See CCP § 2031.010(a); (Colonial Life & Accident Ins. Co. v. Sup.Ct. (Perry) (1982) 31 Cal. 3d 785, 790.) Discovery is allowable, for example, to clarify an ambiguity in a policy (see Carey-Canada, Inc. v. California Union Ins. Co. (D DC 1986) 118 FRD 242, 244—how “asbestosis” was interpreted in fil...

Excerpt: ...iefing on only the issue of whether the court can decide on demurrer whether the Separation Agreement applies to the trust. Initial briefing shall be filed on or before November 8, 2019 and any responsive briefs shall be filed on or before November 21, 2019. Because the pleadings are not yet settled, the court will continue the trust petition hearing currently set for November 21, 2019 to January 2, 2020 at 2:30 p.m. in Department 18. DEMURRERS: ...

Excerpt: ...he cause of action brought against him.” Code of Civil Procedure section 428.10(b). This includes situations where a defendant claims another is at fault for the injuries alleged in the complaint and seeks equitable indemnity. See, American Motorcycle Ass'n v. Sup. Ct. (1978) 20 Cal.3d 578, 607; Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal.App.3d 1439, 1445. The defendant need only allege that the injury alleged in t...

Excerpt: ...foot retail building that Ms. Enkema leased to Mark and David Hoffman in 1994 which allowed the Hoffmans to operate Firecrest Market. In January 2009, after only 5 years on a 15-year lease, the parties apparently entered into a Lease Renewal Agreement that renewed the original lease for 10-years on substantially the same terms. On or about December 19, 2014, the parties allegedly entered into a Second Lease Renewal Agreement which purported to gr...

Excerpt: ...ht two continuances of the hearings and then failed to appear for the last hearing. Consequently, the court issued a bench warrant. Plaintiff currently has an enforceable lien on defendants' personal property pursuant to CCP §708.110(d). However, the lien expires on March 4, 2020. Plaintiff now moves to extend the lien by court order so as to avoid the alternative way to extend the lien through costly annual judgment debtor examinations. “[A]l...

Excerpt: ... 1078 (“as long as a complaint consisting of a single cause of action contains any well-pleaded cause of action, a demurrer must be overruled even if a deficiently pleaded claim is lurking in that cause of action as well”). For example, if a party directs a general demurrer against a cause of action labelled “fraud” based on failure to state that cause of action, the demurrer will fail if the complaint sets forth a valid cause of action f...

Excerpt: ...to the action…in any action in which the mental or physical condition…of that party or other person is in controversy in the action.” “The court shall grant a motion for a physical or mental examination under Section 2032.310 only for good cause shown.” (CCP §2032.320(a).) “Generally, finding a condition ‘in controversy' poses no great difficulty. Allegations of physical or mental injury in the complaint and denial of the injury or...

Excerpt: ...� Breach of Implied Covenant of Good Faith and Fair Dealing While some of the allegations are based upon the same allegations as the breach of contract claim, the complaint also alleges that plaintiffs promptly reported their losses to CSAA which then spent months investigating, evaluation, and deciding on their claims. (FAC ¶48.) The claims are alleged to still be open without a final written denial or statement that no further payment would be...

Excerpt: ... action arises from an approximately 13- year relationship and co-habitation between Plaintiff and Hammer from approximately 2004 to 2017. In the complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa, which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Western, a company the parties started during their relationship. Plaintiff contends that sh...

Excerpt: ...l District (“District”) from his position as principal of a local high school to classroom teacher. Behrens filed his complaint on May 21, 2018, asserting causes of action for (1) writ of mandate, (2) violation of his constitutional right to due process (42 U.S.C. §1983) and (3) unlawful retaliation in violation of California Labor Code Section 1102.05, subdivision (c). On May 9, 2019, the court denied Behrens's petition for writ of mandate,...

Excerpt: ...pecified deposition notice. This Motion was set for hearing pursuant to the July 30, 2019 order granting Plaintiff's ex parte application for leave to file this Motion. Discovery closed on June 21, 2017 and this case is set for trial on October 15, 2019. The basis for the Motion is Cal. Code Civ. Proc. (“CCP”) § 2024.050, which provides that the Court may grant leave to complete discovery or reopen discovery following the discovery cut-off. ...

Excerpt: ...x rel. Gow v. Mitchell Brothers' Santa Ana Theater (1981) 118 Cal.App.3d 863, 870-871. In the context of CEQA, the court in County of Inyo v. City of Los Angeles (1976) 61 Cal.App.3d 91, at 100, stated that “[w]e draw a distinction between the relatively limited scope of the main action and the effective range of an interim injunctive order. A court exercising injunctive power may do so upon conditions that protect all—including the public—...

Excerpt: ... case which stated that the case would be dismissed no later than November 7, 2018 conditioned on “the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement.” On February 2, 2019, Plaintiff filed a second notice of settlement which stated the case would be dismissed by March 25, 2019. On March 25, 2019, Plaintiff filed a lis pendens with respect to the property and on May 1, 2019,...

Excerpt: ...98 offer”). The 998 offer was accepted by defendants on June 28, 2019. Only counsel for the parties signed the 998 offer. As an initial matter, it is unclear why plaintiff resorts to CCP §664.6 at all when plaintiff presumably could have obtained entry of judgment by filing the 998 offer and acceptance. As CCP §998(b)(1) provides: “If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall e...