Excerpt: ...arty”) as to Plaintiffs' subpoena for business records under CCP § 2020. 020. The motion is GRANTED in part . Th e r e q u e s t f o r s a n c t io n s is D EN IED . I. Ev id e n t ia r y Is s u e s Plaintiff's first through third objections are O VERRULED . The evidence offered appears to be a display of qualifications that would be sent to the request for attorney's fees. Plaintiff's fourth and fifth objections are SUSTAIN ED . II. G o v e r...

Excerpt: ...4) fraud; and 5) declaratory relief. This matter is on calendar for Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, as well as Defendant's motion to strike types of damages pursuant to CCP § 435 et seq. The Demurrer is SUSTAIN ED IN P ART W ITH LEAVE TO AM EN D . The Motion to Strike is GRAN TED in p a r t w it h le a v e to ame...

Excerpt: ...nsel”). The Court set the July 12, 2024, trial date in the instant case on July 13, 2023. This was the first time the trial had been set in this matter. Defendants have filed a motion to continue the trial, as Plaintiff's counsel is occupied with substantial h e a lth concerns, affecting his ability to dedicate the additional time this case requires before trial. This includes discovery matters still being exchanged between the parties. The Rul...

Excerpt: ...t in the properties named as Does 1 -1 0 , a r is in g out of Plaintiff's request to partition the parties jointly owned properties. This matter is on calendar for the motion by William for leave of court to file a cross-complaint pursuant to CCP §§ 426.30 & 428.10. I. Legal Authority Where the defendant's cause of action is against the plaintiff, is related to the subject matter of the complaint, and failure to plead the cause of action will b...

Excerpt: ...er Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defe ndants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . 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 th...

Excerpt: ...ff attended school in School Defendant's district. This matter is on calendar for the motion by School Defendant pursuant to Code of Civil Procedure § 438 granting judgment on the pleadings as to the third, fourth and fifth causes of action on the grounds that the Complaint fails to state sufficie nt fact s to constitute causes of action in this matter. Th e m o t io n is D EN IED . I. G o v e r n i n g La w A. Judgment on the Pleadings A motion...

Excerpt: ...ar for the petition by Uber to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRAN TED . I. Fact s and Proce dure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on October 25, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Chenshan Yu in Support, ...

Excerpt: ...ndar for Plaintiff's Order to Show Cause re: Preliminary Injunction arising out of a Temporary Restraining Order request filed on April 8, 2024. The motion is continued to May 15, 2024. I. Underlying facts Plaintiff filed the application for Temporary Restraining Order and request to set the Order to Show Cause re: Preliminary Injunction on April 8, 2024. The Court's orde r grant ing t he Te mporary Re straining Orde r and se tt ing of t he Pre l...

Excerpt: ... t e r r o g a t o r ie s (“SIs ”) a g a in s t Defendants under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . D e f e n d a n t s s h a ll 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 $...

Excerpt: ...nts under Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708 .030 & 2031.300. The unopposed Motion is GRAN TED . 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 ent...

Excerpt: ...intervention (the “M o t io n ”). Th e M o t io n is GRAN TED . I. Governing Law Labor Code Division 4, governing “Workers' Compensation and Insurance,” Part 1, Chapter 5, “Subrogation of Employer,” governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' co mpensation or other similar benefits. Lab. Code section 3 8 5 2 g ive s e m p lo ye e s a n d e m p ...

Excerpt: ...ll as the motion for attorney's fees and class representative enhancements. The Court issued a tentative ruling on the motion on April 4, 2024, and ordered the parties to appear for oral argument the next day. At the hearing, the Court allowed arguments by Plaintiff's counsel which focused on the Court's modification to the attorn ey's fees allocation in the settlement. Plaintiff argued the original attorney's fee request was justified but re...

Excerpt: .... (“CCP”) § 473 for leave to amend the FAC. The motion is DENIED. I. Legal Standards The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading ...

Excerpt: ...necessary precautions to prevent her from falling, as a result of which she fell and suffered injuries. Plaintiff's complaint, filed on November 29, 2023, alleges causes of action for (1) negligence and (2) violations of the Elder and Dependent Adult Civil Protection Act (Welf & Instit. Code §15600 et. seq.) Plaintiff, a 93-year elder who was a resident at Defendants' Muirwoods Memory Care assisted -living facility in Santa Rosa, California (the...

Excerpt: ...nting judgment on the pleadings on the ground that the Complaint fails to state sufficient facts to constitute causes of action in this matter. The motion is DENIED. I. Governing Law A. Judgment on the Pleadings A motion for judgment on the pleadings may only be made on the grounds specified in the statute. CCP section 438(c)(1). If the moving party is a defendant, the motion may be made on the grounds that the complaint does not state facts suff...

Excerpt: ...� 4 1 8 .1 0 (a)(1 ) o n t he gro und s t hat t he Co urt lacked personal jurisdiction over Defendant because the summons and complaint we re ne ve r prope rly se rve d . I . Governing La w The Co de o f Civil Pro ce d ure st at e s t hat “[a] de fe ndant , o n o r b e fo re t he last day o f his o r he r t ime t o p le ad o r wit hin any furt he r t ime t hat t he co urt may fo r go o d cause allo w , may se rve and file a no t ice o f mo t io...

Excerpt: ...��), special interrogatories (“SIs”), and requests for produc tion of documents (“RPODs”), and for monetary sanctions. Th e M o t io n is GRAN TED . I. Relevant Law A. Motions to Compel Responses Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and “[i]f an interrogatory cannot be answere...

Excerpt: ....50(c) provides: “The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or t o file the cross -complaint, to assert such cause if the party who failed to plead the caus e acted in good faith. This subdivision shall be liberally construed to avoid forfe it ure of cause s of act ion.” If t he propose d cross -c o m p la in t is p e r m is s iv e , leave of court ma...

Excerpt: ...f action for alleged violations of the Song -Be ve rly Consume r Warranty Act, Civ. Code § 1790 et se q. (the “Act”). This matter is on calendar for Moving Defendants' motion on the basis of forum non conveniens. The motion is G RAN TED . I. Governing Authorities A. Forum Non -Conveniens Eve n if a court has subje ct matt e r and pe rsonal jurisdict ion, it may st ay or dismiss an action on the grounds that the court is an inconvenient forum...

Excerpt: ...ode of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defendants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . Defendants shall serve verified code -c o m p lia n t 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 ...

Excerpt: ...ake the deposition of an entity by examining an officer or agent designated by the entity to testify on its behalf. In such a case, the notice of deposition must “describe with reasonable particularity the matters on which e xa m in a t io n is r e q u e sted” and the entity must “designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as...

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