Excerpt: ...the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or l...

Excerpt: ...is without prejudice as this defect may be readily cured and, while not a best practice, the law does not prohibit bringing a motion for sanctions separately from the underlying motion to compel. (London v. Dri-Honing Corp. (2Cu) 117 Cal.App.4th 999, ICOS.) Plaintiff's counsel shall submit a written order consistent with this motion and in compliance with Rule 3.1312. A motion to compel further responses to a request for production of documents m...

Excerpt: ...s and Recreation, through which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1; Administrative Record ["AR"], AR000004.) At the time, Decedent's registered domestic partner was real party in interest, Donna Starr ("Starr"). (Petition, at Exhibit A, pg. 2, 2; AR, AR000005.) Decedent listed Starr as a beneficiary when she rebred in 2015 and started receiving a monthly retirem...

Excerpt: ...fying that that each party shall bear its own attorney's fees and costs. Defendants cite Zamora v. Clayborn Contracting Grp., Inc. (2002) 28 Cal.4th 249, 258 in support of the argument that the mistake made was an excusable mistake that a reasonably prudent person under the same circumstances would have made. However, Zamora is not factually on point and Plaintiff has cited to two cases which specifically address the omission of an attorney's fee...

Excerpt: ... 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 under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the d...

Excerpt: ...gs and these judicial proceedings pursuant to the parties' contract under CCP S 1717. Petitioners also argue they are entitled to attorney's fees as private attorney general under CCP S 1021.5. CCP S 1293.2 provides, "The court shall award costs upon any judicial proceeding under this title as provided by Chapter 5 (commencing with Section 1021) of Title 14 of Part 2 of this code." CCP S 1021 provides that attornevs fees are available as costs on...

Excerpt: ...ntative ruling and in compliance with Rule 3.1312. If Plaintiffs ultimately choose to file an amendment, they shall not do so in the form of an "amendment to the complaint." Unless Plaintiffs are substituting the name of a Doe Defendant or changing a minor detail, "amendments to the complaint" are disfavored by this Court because they create a complicated and unorganized record. Plaintiffs have used the instant amendment to the complaint to alleg...

Excerpt: ...at "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see also, Garamendi v. Golden Eagle Ins. Co. (2CN) 116 Cal.App.4th 694, 712, fn. 8.) "For disco...

Excerpt: ...a request to compel production of a document referred to as "the First Report" and a request for terminating sanctons in Plaintiff's reply. The Court will not rule on these requests as they were raised for the first time in reply and were not made by noticed motion. Plaintiff's objection to the entirety of Ms. McQuilla's declaration and to Defendant's opposition as a whole as being "plagued by hearsay" is OVERRULED. The Court further addresses Pl...

Excerpt: ...the hearing, the Court and counsel engaged in discussion and the Court heard argument from counsel regarding the motion to compel. As a result of arguments raised at the hearing, the Court set a new date for additional argument and requested supplemental briefing from the parties. The parties submitted supplemental briefs and the matter was scheduled for hearing on July 28, 2023. The Court, on its own motion, continued the July 28, 2023, hearing ...

Excerpt: ... expended multiplied by the reasonable hourly rate...The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. [Citation.] Such an approach anchors the trial courts analysis to an objective determination of the value of the attorney's services, ensuring that the amount awarded is not arbitrary. (PLCM Group, Inc. u. Drexler (2C...

Excerpt: ...2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible i...

Excerpt: ...ry White Tornado 312 LLC brought this action against Ramirez and other defendants for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC currently holds a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals allegin...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...onstrued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Lan...

Excerpt: ...Plaintiff. The sexual abuse of these four minor children occurred during different time frames. The abuse of Plaintiff c„ccurred during the time frame of 2017 through 2020, while the abuse of the other minor children occurred in years prior to 2017. Plaintiff alleges causes of action against Defendant Kuhlmann for general negligence and premises liabil-ty as a result her alleged negligence in using and maintaining her home and negligent care or...

Excerpt: ...icial 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 Yl,nta Monica (1972) 6 Cal.3d ...

Excerpt: ...nication with the Court and did not open the envelope. The Court will destroy these records so as to avoid any ex parte information reaching the Court. Regarding the merits of the motion, the party seeking attorneys' fees bears the "burden of show-ng that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and 'were reasonable in amount.'" (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th...

Excerpt: ...rued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Land Co...

Excerpt: ...tion that is consistent with this tentatve ruling and in compliance with Rule 3.1312. Analysis: Regardless of whether an expense is recoverable as a matter of right under subdivision (a) of secton 1033.5 or recoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP S seewer v. Copley Press, I...

Excerpt: ...ntiff's vehicle while Plaintiff was stopped at a red light and Plaintiff has suffered injuries because of Defendant's negligence. Plaintiff appeared for a physical examination by Defendant's expert, Dr. Mark Strassberg. However, Dr. Strassberg terminated the examination when Plaintiff declined to answer questions regarding her medical history. Defendant now seeks an order compelling Plaintiff to submit to a physical examination to include "an ora...

Excerpt: ...has filed a supplemental brief which cites to the Court's inherent authority to compel obedience to its orders and to the public pdicy favoring com#lling arbitration. However, this Court has already issued an order requiring the parties to arbitrate this matter. An additional order requiring the parties to complete arbitration would serve no utility. While the Court dæs have authority to enforce its orders, this motion is not a request for an or...

Excerpt: ... and 2923.7 in initiating the foreclosure proceedings. Plaintiffs also allege other causes of action derivative of these allegations, such as unfair business practices and declaratory relief. Analysis: The purpose of a preliminary injunction is to maintain the status quo and prevent irreparable harm until the matter can be heard on the merits. (See Dodge, Warren & Peters Ins. Services, Inc. v. Riley (2003) 105 Cal.App.4th 1414, 1418; Weil & Brown...

Excerpt: ...for vacating the order. There is no legal basis for doing so. To the extent Plaintiff is requesting that the Court reconsider its order sustaining the demurrer without leave to amend, Plaintiff has not established a basis for doing Pursuant to CCP S 1008, "No application to reconsider any order or for the renewal of a previous moton may be considered by any judge or court unless made according to this section." (CCP S 1008(e).) A motion for recon...

Excerpt: ... inspired grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges that, starting in January 2021, store manager Martin Perez started harassing her. Plaintiff alleges that, after Perez made comments to her, she complained to management multiple times. Plaintiff also alleges a pattern of retaliation after she first ...