Excerpt: ..., which are part of the Confidentiality of Medical Information Act ("CMIA"). This matter is on calendar for Defendants' demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to consttute a cause of action. The Demurrer is SUSTAINED with leave to amend. Legal Standards A. Demurrers Generally A demurrer can be used only to challenge defects that appear on the face of the pleading unde...

Excerpt: ...intiffs' request for an Order to Show Cause re: Contempt for violations of court orders, and for TRVFD's request to dissolve the preliminary injunction issued August 4, 2021. As to the Contempt, the matter is APPEARANCES REQUIRED. The motion to dissolve the preliminary injunction is DENIED. Underlying Facts Plaintiffs' causes of action are predicated on allegations of violations of the use Permit issued for TRVFD's property adjoining the property...

Excerpt: ...plitter which caused Plaintiff's injury. Defendant's undisputed Material Facts ("DUMF") '1 1. Defendant did not have any responsibility for creation of the wood splitter, or its transition into the market place. DUMF '1 3-5. Defendant borrowed the wood splitter. DUMF '12. The Burdens on Summary Judgment and Adjudication A. Generally Summary adjudication "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ... dismissal. The motion is DENIED. Governing Law A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee." CCP S 656. However, "[tlhe right to a new trial is purely statutory, and a motion for a new trial can be granted only on one of the grounds enumerated in the statute." Fomco, Inc. u Joe Maggio, Inc. (1961) 55 cal.2d 162, 166. The verdict may be vacated and any other decisio...

Excerpt: ...ow Cause re Dismissal for lack of prosecution on December 15, 2022. The OSC hearing was set for February 16, 2023. Plaintiff nor their counsel appeared at the February 16, 2023 hearing. The case was dismissed as a result of Plaintiff's non-appearance. This motion was filed August 7, 2023. The parties signed a stipulation settling the matter in October of 2022. Governing Law "The court may, upon any terms as may be just, relieve a party or his or ...

Excerpt: ...ory fraud (the "FAC"). This matter is on calendar for Defendant's demurrer to the seventh cause of action within the FAC pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of achon and CCP S 430.10(f) for uncertainty. Defendant's demurrer to Plaintiff's First Amended Complaint is OVERRULED. Governing Law A. Standard on Demurrer A demurrer can be used only to challenge defects that appe...

Excerpt: ...er with KFH and Health Plan, "Defendants"), and Does 1-50, arising out of Defendants' care of Decedent. This matter is on calendar for the petition by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is DENIED. l. Facts and Procedure The Decedent signed an "Enrollment Application" in April of 2004. See Woods Declaration in Support ("Woods Decl."...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for the moton by Flint for summary judgment of the SAC or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). Summary judgment is DENIED. Summary adjudication is GRANTED in part and DENIED in part. l. Evidentiary and Pleading Issues...

Excerpt: ...mplaint for fraud (See Declaration of Amin Kazemini ["Kazemini Decl."l, Exhibit A, the "Cross-complaint"), as during discovery Plaintiff produced two seemingly conflicting copies of the underlying lease. Moving Defendant alleges that the Plaintiff has created a fraudulent copy. Plaintiff does not attach a copy of the Lease to the Complaint. Moving Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. l. Le I ...

Excerpt: ...ees and class representative enhancements. The Motions are GRANTED. Applicable A. Fairness of Settlement Standards After preliminary approval, the Court determines whether a class action settlement is fair, adequate and reasonable in a final hearing, often referred to as a "fairness hearing." Cal. R. Ct. 3.769(g); see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801. The purpose of this requirement is "the protection of those class me...

Excerpt: ... S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that Plaintiffs have failed to exhaust their administrative remedies, and that Plaintiffs lack stand-ng to seek the relief they request. The Demurrer is SUSTAINED with leave to amend. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticea...

Excerpt: ...ended Complaint. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Facts In his First Amended Complaint ("FAC"), Plaintiff complains that, when a minor, he was confined in Los Guilicos Juvenile Hall (the "Hall"), owned and operated by Defendant. While in the care o...

Excerpt: ...is matter is on calendar for Defendant's motion to strike punitive damages and their demurrer to the second cause of action for fraudulent inducement within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") SS 430.10(e) for failure to state facts sufficient to constitute a cause of action, and under CCP S 430.10(f) for uncertainty. As to the second cause of action, the Demurrer is OVERRULED. The motion to strike is GRANTED with leave to amen...

Excerpt: ...reach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Mohon is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in the deposit...

Excerpt: ...both Fire and Hunsaker. The Court will CONTINUE the hearing on these two motions on summary judgment to October 18, 2023, at 3:00 pm, so that the Parties can address the substantive issues raised by the Court in this tentative ruling. This matter is also on calendar for the Fire's motion to seal portions of certain filings and exhibits made in support of Plaintiff's motion and Defendants' oppositions. The moton is GRANTED. l. Motion To Seal The R...

Excerpt: ... 10, 11, 14-20, and 23-25 are SUSTAINED. Objection 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. "A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest ...

Excerpt: ...tion 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 same rights to propound discovery to the judgment debtor in order to facilitate collection of the judgment. Pa...

Excerpt: ...under Code of Civil Procedure ("CCP") S 2031.310. This matter is on calendar for five (5) motions by the parties, to which their dispositions are as follows: 2. 3. 4. 5. Smash's Motion to Com#l Compliance with the Court's Order, filed July 25, 2023 is DENIED. Monetary sanctions requests from both parties are DENIED. Smash's Motion for Sanctons for Failure to Comply with Discovery Orders, filed July 27, 2023 is DENIED as to issue and evidence sanc...

Excerpt: ...therance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...." CCP S 187 states in full: "When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are als...

Excerpt: ...itten Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by the Plaintiff for summary adjudication pursuant to Cal. Cade Civ. Proc. ("CCP") S 437(c). For the reasons set forth below, the motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to issues 2 and 3 enumerated in the notice ...

Excerpt: ...r is on calendar for Judgment Creditor's moton to set aside under CCP S 473(d) the renewed judgment entered on March 8, 2023, as Defendant was under the protection of a bankruptcy stay at the time of renewal. The court has the power to set aside any void order upon the motion of a party. CCP S 473(d). "The filing of a bankruptcy proceeding operates as a stay of 'the commencement or continuation of a judicial action or proceeding against the debto...

Excerpt: ...ies to #nding 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 #rformance in full of the terms of the settlement." CCP S 654.6(b) provid...

Excerpt: ...r is on calendar for the motion to compel deposition of the Administrator(s) of Defendant's facility where Decedent received care for the timeframe covering 09/25/20 through 05/16/21 ("Administrator's Notice"), and for the deposition of Michele Larrew ("Larrew Notice"), and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Administrator's Notice contains forty-two (42) document requests, Larrew's Notice contains ...

Excerpt: ...nst all Defendants for failure to have a workers compensation policy in place. (See generally, Complaint.) The named defendants include the following: Ridgefront Properties, LLC, ("Ridgefront") which owns real property in Mendocino County, including real property located at 78500 Rd. 343, Covelo, California ("Property"), but has no employees and conducts no business other than leasing property. (UMF, 1-3.) Greenhouse Family Farms, LLC, ("Greenhou...

Excerpt: ... he suffered during the course of that employment. This matter is on calendar for the petition (styled as a "motion") by the Medical Group to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Providence has filed a joinder tothe petition. Defendants' petition to compel arbitration and stay proceedings is GRANTED. Facts and Procedure This matter arises out of an employment relationship between the Plaintiff and Annadel. Plainti...