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: ...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: ...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: ...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
L argues that Labor Code s...

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: ...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: ...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: ...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...

Excerpt: ...iling Party Pursuant to the parties' settlement agreement, the parties have agreed that Plaintiff is the prevailing party under Civil Code 1794 and that Defendant will pay reasonable attorney's fees and costs in an amount to be determined by the Court upon noticed motion if the parties could not agree on the amount. Plaintiff has duly served this motion upon Defendants and Defendants have not filed an opposition. Lodestar The standard for calcula...

Excerpt: .... ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make periodic installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to maintain required insurance on the Tractor or make required installment payments, allowing Plaintiff to take possession...

Excerpt: ...san Rogue (the "Car"), which a Defendant had manufactured, the Car is defective, and Defendants have breached the Warranty Contract and failed to comply with warranties for the Car. He attaches a copy of the Warranty Contract as Exhibit A to the complaint, and this shows that it includes a set of warranties from Defendant Nissan North America, lnc ("Nissan"). He alleges that Nissan designs, manufactures, and distributes automobiles while Defendan...

Excerpt: ...ng. The motion is DENIED. The construction contract that forms the basis of Plaintiffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreeme...

Excerpt: ...laintiffs' non- opposition in which Defendants argue that the Court should consider Plaintiffs' failure to file an opposition as a concession of the merits of the Demurrer. Plaintiffs filed an objection to Defendants' response to the non-opposition, citing Rule 8.54(c) which says "A failure to oppose a motion may be deemed a consent to the granting ofthe motion." (Italics added .) Plaintiffs state that they do not consent to the granting of the m...

Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. "The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discreti...

Excerpt: ...ff complains that he leased and then bought a new 2019 Kia Niro (the "Car"), with included warranties, but the Car was defective and subject to safety recalls and Defendants failed to repair or replace or repurchase the Car, and have in fact taken possession of it, preventing Plaintiff from obtaining it or his other personal property in it. He alleges that he leased and purchased the Car from Defendant Jim Bone Kia of Santa Rosa ("Bone"), the aut...

Excerpt: ...1312. Analysis: Pursuant to CCP 128.5(a), A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay„. Pursuant to subdivision (b), "'Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and ...

Excerpt: ...oner is awarded $7,691.50 for bringing this matterfrom arbitration to Judgment. 1. Plaintiff is Entitled to Attorneys' Fees. The Court notes that Petitioner has provided no authorities in their memorandum making clear to the Court on what basis the Court may award them post-petition fees. The Court presumes, given that this arises out of an arbitration petition, which itself depends on the underlying contract signed by the parties, that Petitoner...

Excerpt: ... except Defendants Douglas Oakes and Margert E. Oakes (the "Oakeses"), specifically, Johnathan Scott Kerson; Jana Harrison; Gregory J. Conklin and Michiko Y. Conklin, in their capacities as trustees of the Conklin Living Trust dated September 4, 1998; John Merline; Sophie Phelps; Dennis J. Pistone; Nancy Pistone; Patrick Boniface Pinney, Sr. and Patric:ia Lou Pinney, in their capacities as trustees of the Troy and Ricky Trust dated July 2 1 , 201...

Excerpt: ...dez had previously sexually assaulted another female patient, Jane Doe ("Doe"), and that Hospital knew or should have known of this conduct yet took no measures regarding it. Plaintiff claims that the wrongdoing occurred when she was in the care of Defendants for hip-replacement surgery. Plaintiff filed this action on September 12, 2022, and, after Defendants answered, entered into a stipulation to file the FAC in order to correct the name of Def...

Excerpt: ...y"). Plaintiff alleges that the Property is held in unequal shares as tenants in common by Plaintiff and defendants Pete Langley, Trustee of the Langley 2022 Family Trust dated August 2, 2022 ("Pete"); Carolyn Langley, Trustee of the Carolyn Langley Revocable Trust dated October 18, 2022 ("Carolyn"); and Timothy Lee Young, successor trustee of the Linda Young Trust dated June 10, 2021 ("Timothy")(altogether "Defendants"). Plaintiff alleges that D...

Excerpt: ...ey allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her death. Plaintiffs originally named as Defendants Ensign Santa Rosa, LLC dba Summerfield Health...

Excerpt: ...ns 2030.300(c) and 2031.310(c). These code sections require a motion to compel further be served within 45 days after service of a verified response (extended if served by mail, overnight delivery or fax or electronically. (See CCP SS 1013.) Otherwise, the party waives the right to compel any further demand. (CCP sections 2031.310(c); 2030.300(c); 2033.290(c).) 1. Initial Discovery and Responses The subject discovery was served upon Plaintiff on ...

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 Plaintiffs' motion to compel further answers to requests for production of documents ("RPODs") against Flint under Code of Civil Procedure ("CCP") S 2031.310. Governing Law A. Inspection Requests and Producing Documents Regarding the RPODs, a demand for produ...

Excerpt: ... and stay proceedings is CONTINUED to December 15, 2023, at 11:00 am in Dept. 19 for an evidentiary hearing regarding the execution of the disputed arbitration agreement. The Basis for the Motion Defendant moves to compel arbitration based on an arbitration agreement allegedly electronically signed by Plaintiff on October 6, 2020. See Declaration of Renae Souza, Exhibit D (the "Arbitration Agreement"). Plaintiff opposes the motion, alleging in he...