Excerpt: ...ent records are ordinarily not available to the general public. “A school district is not authorized to permit access to pupil records to any person without written parental consent or under judicial order” except in certain situations not relevant here. (§ 49076.) c. Under its terms, educational institutions, must obtain written parental consent prior to releasing students' records or information derived therefrom; or “in compliance with ...

Excerpt: ...ll so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” CCP §2030.220(c). 3. As counsel are well aware upon receipt of a response, the propounding party may move to compel further response if it deems that an answer to a particular interrogatory is evasive or incomplete, an exercise...

Excerpt: ...y of success. CCP section 526(a)(1); San Francisco Newspaper Printing Co., Inc. v. Sup.Ct. (Miller) (1985) 170 Cal.App. 3d 438, 442. 4. In the instant case, Petitioners have not demonstrated a threat of irreparable injury. 5. Should Respondent continue with the challenged administrative proceeding, Petitioners can use established methods of challenging the Permit. a. Petitioners have the options of challenging it in the hearing proceedings, filin...

Excerpt: ...f as a director, and Plaintiff's right to corporate records. 3. These allegations also implicate Plaintiff's interests in the corporation as a shareholder. 4. Furthermore, the conduct is that of the Defendant herself but also clearly includes her conduct in the role as a shareholder and director of the corporation. B. Demurrer/Second Cause of Action/Overruled 1. Court agrees Plaintiff's argument that Defendant's conduct has injured both Plaintiff...

Excerpt: ...the accrual of a cause of action sets the date as “the time when the cause of action is complete with all of its elements.” Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 397. 3. An exception to this general rule is the discovery rule. The discovery rule “postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action.” (Id.) a. The plaintiff discovers the cause of action he “at least s...

Excerpt: ...s noted in A1 above depositions were expressly limited to the issues in SCV‐270339 4. the fact the notices were captioned for SCV‐266225 is of no consequence. a. When a court orders cases completely consolidated, the pleadings are considered merged, a party appearing in any of the consolidated actions is subject to court jurisdiction in the entire merged action, and there is one set of findings and one judgment. See Hamilton v. Asbestos Corp....

Excerpt: ...110. c. The pleading does not indicate when the actual injury occurred or when Plaintiff discovered the injury and the wrongdoing which caused it. d. It is therefore not clear when any cause of action accrued. 2. Failure to allege a misrepresentation of fact and inquiry notice. a. Plaintiff has alleged factual misrepresentation or concealment, claiming the Defendants secretly treated him as an independent contractor when Plaintiff thought he was ...