Excerpt: ...mplaint, Plaintiff alleges that 275 and Walden are the lessors of the Property. 275 and Plaintiff entered into a lease agreement on February 8, 2020. Plaintiff filed the Complaint based on Defendants' alleged violations of the lease agreement, particularly as it pertained to issues of the parking lot and other common areas on the Property. Plaintiff thereafter moved the Court for a preliminary injunction, which was heard on July 26, 2023. The Cou...

Excerpt: ...ng attempting to sell a portion of his general partner interest (the "GP Interest") to Kelly. As a result of developments during this litigation, including Defendat' efforts to sell an important Partnership asset, real property comprising the Summerfield Shopping Center (the "Property"), he ultimately filed a second amended complaint ("SAC") which includes, amongst others, claims for wrongdoing based on Defendants' efforts to sell the Property. M...

Excerpt: ...tions in the amount of $1,000. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: "California law prov-des parties with expansive discovery rights." (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "any party may obtain discovery regarding any matter, not privileged...

Excerpt: ...cuments ("RPODs"), Set One, Nos. 2, 4, 6, 8, 10, 12, 14, 15, 18, 20, 22, 32, 34, 36, and 39, against Defendant under Code of Civil Procedure ("CCP") S 2031.310. The motion is GRANTED. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is...

Excerpt: ...or Code violations, and civil penalties thereon(the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Federal Arbitration Act ("FAA"), 9 USC SS 1-15. Defendant's petition to compel arbitration and stay proceedings is DENIED. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant avers that Plaintiff, as part of his on...

Excerpt: ... is addressed below. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Request for Judicial Notice: Defendants' request for judicial notice of Exhibit A and Exhibit 8 is GRANTED. As for the remainder of the request, the Court will take judicial notice of each version of Plaintiffs' complaint and the date on which it was filed. However, the Court will not judicially notice th...

Excerpt: ...ay do so on its own moton and enter a different order." Plaintiff argues that Defendant's moton to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appeal has recently determined that Felisilda does not apply to the issue of whether a manufacturer can compel arbitration via ...

Excerpt: ...cial policy favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Santa Monica (1972) 6 Ca...

Excerpt: ...etaluma ("the Property"). Prior to the parties taking title to the Property, it had been held in the Peter Dana Smith Revocable Living Trust. Peter D. Smith passed away on or about March 17, 2020. On April 11, 2023, this Court issued an Interlocutory Judgment for Partition of Real Property and Appointment of Referee. The order appointed Ethan A. Glaubiger as the partition referee with the discretion to hire real estate agent Kristi Taylor to sell...

Excerpt: ...efendants have trespassed on Plaintiff's Property. Plaintiff subsequently obtained a temporary restraining order ("TRO") and then a preliminary injunction (the "Injunction") against Defendant Mona Verducci ("Mona") in February 2023. The Injunction orders Mona and her agents or others not to enter upon Plaintiff's Property as defined by the survey (the "Survey") attached as Exhibit A to the Injunction. Plaintiff then brought an application for ord...

Excerpt: ...daughter Vanessa French ("Decedent"), negligently caused Decedent's death. They allege that Decedent sought medical care from Defendants for a combination of physical and emotional complaints which included skin conditions, back pack, severe depression, and suicidal ideations, but that Defendants negligently failed to provide proper treatment, resulting in Decedent handing herself. Plaintiff Wendy French ("Wendy" or "Mother Plaintiff"), individua...

Excerpt: ...r for the motion by Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c) as to the Complaint. Evidentiary and Procedural Issues A. Procedural History The Court notes that Defendants have already filed a motion for summary judgment or adjudication in this case on July 20, 2019 (hereinafter "MSJ-I"). The Court issued a ruling on MSJ-I on October 24, 2019, granting the motion as to all ...

Excerpt: ...e for either opposition. Furthermore, the oppositions do not respond substantively to the arguments made by Defendants in their opening brief; they do not provide any law for the Court's consideration; and they do not explain how the defects in the pleading can be cured by amendment. Analysis: Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) C...

Excerpt: ...vil cases. Analysis: Government Code S 53069.4(b)(1) states, Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure [regarding Writs of Mandate] ...a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency's file in the case shall be received in evidence. A proceeding und...

Excerpt: ...alleges that at all relevant
Ÿmes, a wri
©en contract existed between Shep and Cra
L wherein Cra
L agreed to hold Shep harmless and indemnify them for its costs, fees, expenses, and liabili
Ÿes it incurs as a result of this ac
Ÿon. 1. Objec
Ÿons in Reply The court declines to rule on the objec
Ÿons as they are not material to the disposi
Ÿon of this mo
Ÿon. (CCP sec
Ÿon 437c(q). 2. Labor Code sec
Ÿon 3864 Cra
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Excerpt: ...s Brian Williams, Jamie Williams, and Brian Tiewater (collectively, the "Individual Defendants") but fail to allege how they are involved. Motion Defendants move for summary judgment or, alternatively, summary adjudication of Plaintiffs' claims. For summary adjudication, they present five issues: 1) Plaintiffs expressly assumed the risks inherent in wrestling; 2) Plaintiffs impliedly assumed the risks inherent in wrestling; 3) Defendants are immu...

Excerpt: ...cedure ("CCP") S 418.10(a)(1) on the grounds that the Court lacked personal jurisdiction over Laird because the summons and complaint were never properly served. Governing Law The Code of Civil Procedure states that "[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion [tlo quash service of summons on the ground of lack of jur...

Excerpt: ...d to compel production of documents ("RPODs") from Defendants under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the...

Excerpt: ...ndant's objections to the Declaration of Jaimee Modica are OVERRULED. Plaintiffs' counsel shall submit a written order consistent with this tentatve ruling and in compliance with Rule 3.1312. Defendant Gudgel Roofing, Inc.'s opposition requests that the Court consider his Motion for Protective Order as his opposition to Plaintiffs' Motion to Compel. Defendant's motion for protective order is not scheduled to be heard until April. Defendant did no...

Excerpt: ...n the second motion. The motions are DENIED. 1. Request for Admissions, Set One Defendants' counsel states that on August 15, 2022, Plaintiff was served by and through his attorney of record with Defendants' Request for Admissions, Set One. (Peebles decl., 93.) However, Plaintiff has been self-represented throughout this entire action. In addition, while the proof of service of Defendants' Requests for Admissions has an attached "Service List" wh...

Excerpt: ...e, "Cabinet Vision." Plaintiffs allege that the software was defective, crashed constantly, and did not cut the cabinet pieces at the specifications stated by the software. Forum non conveniens is an equitable doctrine, codified in Code of Civil Procedure section 410.30, under which a trial court has discretion to stay or dismiss a transitory cause of acton that it believes may be more appropriately and justly tried elsewhere. (Anima/ Film, LLC v...

Excerpt: ...ount. The motion is DENIED. CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance...

Excerpt: ...l LLC") and the Oregon Corp. The cross-complaint alleges that Cal LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell Cal LLC certain scientific equipment. Shimadzu alleges that Cal LLC has failed to pay all invoices. In addition, Shimadzu alleges that Cal LLC transferred personal property to the Oregon Corp. without receiving the reasonable value of the assets. Shimadzu alleges that the Oregon Corp. now carries on the former...

Excerpt: ...th 556, 604; CCP S 2023.030.) As pertinent here, "misuse of the discovery process" includes "failing to respond to or to submit to an authorized method of discovery," and "disobeying a court order to provide discovery." (CCP S 2023.010(d) & When confronted with such misuse, a court may impose (1) monetary sanctions; (2) sanctions that deem specified issues to be 'established' or that 'prohibit' the non-compliant party from raising 'opposing claim...

Excerpt: ...ought a Complaint for damages as against defendants Edwards Lifesciences LLC, Edwards Lifesciences (U.S.) Inc., Santa Rosa Memorial, moving defendant Vishal Patel, M.D., and Does One through One Hundred. (Defendant's undisputed Material Fact "UMF," 1.) The First Amended Complaint alleges a single cause of action for Medical Negligence as to moving defendant Patel. Plaintiffs allege that decedent Joseph Bouckaert (hereafter "Mr. Bouckaert") presen...