Excerpt: ...e of this order. Plaintiff shall pay $1,176.90 in sanctions to Defendants within thirty (30) days of notice of entry of the order on this Motion. I. Relevant Law CCP § 2025.450(a), provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection unde...

Excerpt: ...he Complaint (violations of the California Family Rights Act (“CFRA”)); and 2) of the sixth cause of action in the Complaint (violations of the California Family Medical Leave Act (“FMLA”)) For the reasons set forth below, the Motion is DENIED. I. Underlying Facts SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff's Separate Statement of Facts in Support (“PSS”) ¶ 2. Plaintiff was a full time employee o...

Excerpt: ...Wilson (“James”) is the son of Cathy and Jeffrey and the latter's successor in interest. Plaintiffs assert causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petitioned the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation, or alternatively, to stay the action in order to allow...

Excerpt: ...ations. Cal. Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is OVERRULED. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer, the running of the statute must appear “clearly and affirmatively” from ...

Excerpt: ...erly maintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They contend that TRVFD obtained the Permit by an application (“the Application”) for construction of a garage and storage building (“the Garage”) on Defendant's Property, with various restrictions (“the Project”), but TRVFD has used Defendant's Propert...

Excerpt: ...tiffs allege that the Property in particular suffered from a mold infestation which damaged Plaintiffs' personal property and harmed Plaintiffs themselves, Plaintiffs informed Defendants and asked Defendants to remedy the situation, and Defendants instead evicted Plaintiffs and improperly retained their security deposit. Defendants filed a cross-complaint against Plaintiffs for breaching the lease agreement by failing to maintain the Property as ...

Excerpt: ...irst cause of action for premises liability, second cause of action for negligence, third cause of action for intentional misrepresentation, sixth intentional infliction of emotional distress, and seventh cause of action for fraud and deceit. The demurrer to the fifth cause of action for Breach of Warranty of Habitability is SUSTAINED without leave to amend. As to plaintiffs Latchmi Lala and Kevin Lala, the demurrer to the fourth cause of action ...

Excerpt: ...ross-Complainants”) for an order determining that the settlement between the Mosaic Entities and the Bisno Cross-Complainants was entered into in good faith and dismissing with prejudice all existing and further actions or claims against the Mosaic Entities and the Bisno Cross-Complainants for equitable comparative contribution and/or partial or comparative indemnity, based on comparative negligence or comparative fault. The motion is DENIED. I...

Excerpt: ...fendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings must appear on the face of the challenged complaint or be based on facts which the court may judicially notice.” (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.App.4th 898, 911.) As relevant here, the essential elements of a common c...

Excerpt: ...mend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Sup.Ct. (Morgan) (1959) 172 Cal. App. 2d 527, 530.) If delay in ...

Excerpt: ...action for Bystander Negligent Infliction of Emotional Distress. Defendant also argues that Plaintiffs cannot demonstrate Defendant intentionally misrepresented or concealed any fact which he had a duty to disclose. The motion is GRANTED. Code of Civil Procedure § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that ele...

Excerpt: ...ing a Deposition on the Record, and Other Discovery Abuses. The only memorandum of points and authorities filed in support of the motion was filed as part of the ex parte application. That memorandum states that on September 10, 2021, Defendants' counsel sent the Notice of Deposition of Seth Broadhead with a Demand for Documents and Things. Plaintiff stated he would appear on October 5, 2021, and the new deposition notice was served. On October 4...

Excerpt: ...pecial supplemental interrogatories (“SIs”). The matter was previously continued for the Plaintiff to provide notice of the hearing to Defendant. Notice has been given and no opposition is filed. The Motions are GRANTED. Plaintiff's request for monetary sanctions are also GRANTED as covered below. I. Governing Law Regarding the SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as th...

Excerpt: ...d that he founded SBI but it is presently owned in equal shares by Ron and each of the Individual Defendants, and the FAC sought, among other things, involuntary dissolution of SBI. SBI invoked California Corporations Code (“CC”) § 2000 and an appraisal was ordered per orders entered on December 20, 2016 and January 25, 2017. An appraisal was conducted, and on December 19, 2018 the Court issued an order confirming the appraisal award. The ma...

Excerpt: ...��), claiming that he and Defendant Kathleen McCormick (“Defendant”) each own a 50% interest in the Property. He complains that he paid for the purchase of the Property with his own money before transferring title to himself and Defendant as joint tenants but that he filed a Declaration of Severance of Joint Tenancy and left the Property as a result of Defendant's conduct. He adds that he has paid for the Property expenses even though Defenda...

Excerpt: ...ally, it appears moving party is seeking an order “opening” discovery with respect to the underlying complaint and upon the first three causes of action (COAs) in the cross-complaint (to the extent those COAs still remain pending against any of the cross-defendants). Moving party states that plaintiff and cross-defendants have taken the position that all discovery is currently stayed. Within the motion, moving party acknowledges that, pursuan...

Excerpt: ... substantial factor in causing injury to Plaintiff. For the reasons stated below the motion for summary judgment is DENIED. Procedural Background On April 12, 2019, Plaintiff filed the instant lawsuit in Alameda County Superior Court bringing a single cause of action for professional medical negligence against defendants Sutter Santa Rosa Regional Hospital (SSRRH), Dr. Pride, and Dr. Prieto. (Declaration of Alexandra C. Seibert, Esq. (“Seibert ...

Excerpt: ...uries resulting from a “physical altercation” between the two and Jacobs tendered the defense to Defendant. The latter allegedly denied coverage. Jacobs allegedly then settled the Original Action with Plaintiff and entered into an agreement with Plaintiff by which he assigned all of his rights against Defendant to Plaintiff. Defendant answered on September 28, 2020, denying all allegations and asserting affirmative defenses. Defendant moved t...

Excerpt: ...rounds for the demurrer are: (1) the complaint is barred by the doctrine of res judicata (this Court interprets this ground to be made under CCP section 430.10(e) for failure to state facts sufficient to constitute a cause of action); (2) the complaint fails to state any facts sufficient to constitute any cause of action (CCP section 430.10(e)); and (3) the complaint is barred by the statute of limitations (this Court interprets this ground to be...

Excerpt: ...tly. With respect to the demurrer itself, Defendants demurrer to all causes of action in the complaint on the grounds there is a defect or misjoinder of parties; the complaint fails to allege sufficient facts to constitute a cause of action against Defendants; and the complaint is uncertain. Specifically, Defendants contend that the complaint fails to make any specific allegations against Defendants outside a vague reference that they are Hector'...

Excerpt: ... demurrer, since there was a good faith disagreement as to whether exceptional circumstances must be pleaded. Counsel for Cross-defendants shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. DISCUSSION: Cross-defendant's demur to Cross-Complainant's First Cause of Action for Breach of Contract on the grounds that it fails to state facts sufficient to constitute a cau...

Excerpt: ...s follows: Item No. 8.b, expert fees for Jeff Mallan and Christine Davis in the amount of $3,700.00; Item No. 4, deposition costs of non- parties Michelle Richards and Deborah Tjaden in the amount of $1,638.01; Item 14, eFees from electronic filing service provider in the amount of $452.79; and, Item No. 1, filing and motion fees in the sum of $60.00. If the items appearing in a cost bill appear to be proper charges, the burden is on the party se...

Excerpt: ...y the proceedings pending resolution of Defendant's related action against Plaintiff HOA, Simons v. Wild Oak Homeowners Assoc., SCV-268591 (“Defendant's Action”). Courts generally have power to stay actions when necessary for the interests of justice. Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4 th 1484, 1489 “[[t]rial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial e...

Excerpt: ... resolution of Ramos II. In the second motion, Defendant contends that Plaintiffs are actively preventing enforcement of the judgment in this case by failing to comply with the Court's Charging Order and by improperly transferring assets out of their own names and into their entities. Thus, Defendant seeks the following relief (A) for an assignment order assigning Plaintiffs' interest in all rents, contracts, income, commissions, and all rights a...

Excerpt: ...ime of the hearing. CCP section 2033.280(c) (the court “shall” deem the requests admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Sanctions of $345 are awarded to the moving party. The Motion to Compel Discovery Responses and for Imposition ...