Excerpt: ...e Court finds his claimed lack of custody or control of the subject documents to be disingenuous. Finally, having considered Defendant's objections based on privacy concerns and the provisions of Civ. Code §3295, the Court finds that the subject discovery appears to relate to the central issues in the case, such that the law favors disclosure in instance. (See, e.g. Rawnsley v. Superior Court (1986) 183 Cal.App.3d 86.) Therefore, Defendant shall...

Excerpt: ...ard and Plaintiff is ordered to provide such verification within 14 days. With regard to the request for an order compelling further responses to Demand for Inspection of Documents, Set Two, the Court finds that Defendant's motion is deficient in that no separate statement was submitted as required by Code Civ. Proc. §2031.310(b) and Cal. Rules of Ct., rule 3.1345. Therefore, the motion is DENIED in that regard. Lastly, Defendant has failed to d...

Excerpt: ...robate Code sections 859 and 21380(d) as well as Welfare & Institutions Code section 15657.5(a). Additionally, Petitioner Alexis Arsenio is awarded costs in the amount of $3,461.68. Petitioner filed a memorandum of costs on March 4, 2021 and there has been no motion to tax/strike costs filed. Therefore, the Court awards a total of $53,713.18 in fees and costs to Petitioner Alexis Arsenio in her capacity as successor trustee of the Arsenio Family ...

Excerpt: ... and to the opposition show that while defense counsel originally offered that both parties' discovery dispute be resolved simultaneously, Plaintiff's counsel declined. Thereafter, the extensions of time to file a motion to compel were expressly limited to Plaintiff's deadline to file such a motion(s) against Defendant(s). Both parties affirmatively identified such express limitation in January 2021. The deadline for Defendant to file the instant...

Excerpt: ..., sufficiently pleads facts supporting the elements of the stated claims. b) The motion is GRANTED to the extent that the First Amended Petition purports to seek recovery of fees and costs incurred in the previous dependency and appellate matters. The Court finds no basis for concluding that it has jurisdiction to determine such matters in the instant case. Moreover, such items are not recoverable as a matter of law in connection with dependency ...

Excerpt: ...mination by Dr. Strassberg, and psychological testing by Dr. Berg. The Court finds that the demand sufficiently identifies the potential tests to be administered, and Plaintiff has failed to object to any of the tests identified. Therefore, the Court incorporates the list of potential psychological tests contained in the defense's demand and finds that such tests may be included, subject to Dr. Berg's discretion at the time of the evaluation. The...

Excerpt: ...et One- Employment, Special Interrogatories, Set One, and Request for Production of Documents – Set One; objections have been waived. (Code Civ. Proc. §§2030.290(a), 2031.300(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. With regard to Request for Admissions, Set One, the Court finds that Plaintiff is entitled to an order deeming the matte...

Excerpt: ...erial fact. (Code Civ. Proc. §437c(p)(2).) With regard to Issue 1 identified in the instant motion, Plaintiff has identified no material factual disputes and appears not to oppose the Court's finding that Defendant Modesto City Schools bears no direct liability for negligence herein. (Gov. Code §815.) However, this does not foreclose the possibility of the district's liability based on actions of its employees as provided by Gov. Code §§815.2...

Excerpt: ...determine the nature of the subpoenaed records from that document. In addition, the Court finds that Plaintiff's objections to the subject discovery were arguably waived by Plaintiff's failure to object to previous subpoenas which resulted in the disclosure of similar information from some of the same providers at issue here. (See, e.g. Jones v. Superior Court (1981) 119 Cal.App.3d 534.) In any case, the Court finds that Defendant has sufficientl...

Excerpt: ...ure has already determined the confidential nature of proceedings in juvenile matters, both before the trial court and on appeal. (See, e.g. Welf. & Inst. Code §827 and Cal. Rules of Ct., rule 8.401 et seq.) Therefore, the Court finds that the adjudged confidentiality of such matters, as determined by the legislature, must be preserved in connection with the submission of such underlying documents in the context of this proceeding. The Court bel...

Excerpt: ...will produce documents and a privilege log in response to Requests 1 through 21; 31 through 36; 43, and 44, as well as verifications to the original responses. As Requests 22, 23, 24, 25, 26, and 46, Plaintiff has made the initial good cause showing that these requests are related to the issue of staffing and corporate ratification and are limited to those staffed in the same unit or wing where the decedent was housed. Defendant has not demonstra...

Excerpt: ...e Court declines to award issue sanctions at this time; however, this determination is made without prejudice to consideration of the propriety of such sanctions in the event of future failures to comply with the Court's orders. Therefore, the Court finds that Plaintiff is entitled to monetary sanctions in connection with the defense's above- described misuse of the discovery process, which necessitated the instant motion. Sanctions are awarded a...

Excerpt: ...Plaintiff has not explained why his position as supervisor would waive his requirement to complete training. Rather, Plaintiff's training records demonstrate he completed other training as a supervisor, which Plaintiff does not dispute. The training records show Plaintiff actually completed the arbitration policy training using his unique login and personalized password. There is substantial evidence to support the finding that Plaintiff actually...

Excerpt: ...ories, numbers 4.1 and 4.2, at issue. Defendant concedes the propriety of a further response. Therefore, Plaintiff's Motion is GRANTED. Defendant's verified responses to Form Interrogatories 4.1 and 4.2 are due within ten (10) days of the Court signing the Order. Plaintiff requests $3,770 in monetary sanctions. Since Defendant has conceded that a further response is warranted, sanctions are appropriate. However, as there are only two form interro...

Excerpt: ...hat Defendant has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Plaintiffs are entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. The Court further finds that Plaintiffs are entitled to an award of monetary sanctions in connection with Defendant's failure to respond to the subject discover...

Excerpt: ...February 23, 2018. Respondent's decedent Linda L. Butler was entitled to rely on the Affidavit. Petitioner's conclusory statements in the First Amended Petition that decedent Butler “knew” Respondent Richardson's affidavit was fraudulent are not supported by any facts. The Court is not required to assume that conclusory statements are true on demurrer. (See Serrano v. Priest (1971) 5 Cal.3d 584, 591 – conclusory allegations against defendan...

Excerpt: ...s that the proposed class representative and/or the proposed amended allegations are legally insufficient is not properly before this court. “[T]he better course of action [is] to allow [Plaintiff] to amend the complaint and then let the parties test its legal sufficiency in other appropriate proceedings.” (Kittredge Sports co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1048.) Furthermore, while it appears there has been some delay in seek...

Excerpt: ...not explicitly set forth in the administrative charge if they are like or reasonably related to the other charges set forth and could reasonably be expected to grow out of the administrative investigation. (Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4 th 243.) Here, the Court finds that the allegations in the EEOC Complaint, when liberally construed, sufficiently raise the issue of discrimination based on sex, such that a reasonable invest...

Excerpt: ...ating specific facts supporting the claimed insufficiency of the Defendant's responses and agreement to produce documents. With regard to Request Nos. 40-44, Plaintiff failed to make a foundational showing that such discovery is reasonably likely to lead to the discovery of admissible evidence in this case. Moreover, the defense has submitted evidence demonstrating that its objections based on relevance and burden/oppression are well-taken under ...

Excerpt: ...oduce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiffs have met their burden in this regard and have demonstrated the existence of material factual disputes. (See, at a minimum, Plaintiffs' evidence in response to UMFs 45-55.) With regard to evidentiary objections, the Court notes that Plaintiffs' objections to Defendant's moving evidence were not ...

Excerpt: ...address reasonably known to Plaintiff. This new evidence appears to perhaps go to actual knowledge, which the Court did not, and does not, believe is relevant. Plaintiff further claims that “Despite clear notice of her intent to provide evidence at the hearing, the Court neither permitted Plaintiff's testimony nor her additional documentary evidence to be considered, nor did the Court grant a continuance to allow full hearing on the matter with...

Excerpt: ...elated to alleged defects, problems, complaints, symptoms, and/or features of the subject vehicles that are not at issue in this action, as defined by Plaintiff's pleadings and responses to discovery to date. Such requests are not reasonably calculated to lead to the discovery of admissible evidence herein. However, the moving papers do not afford sufficient information for the Court to determine which specific requests should be covered by the c...

Excerpt: ...in its contentions, and this determination may only be made upon final resolution of the competing contract claims. (Frog Creek v. Frog Creek Partners, LLC v. Vance Brown, Inc. (2012) 206 Cal.App.4 th 515, 539-540.) Therefore, “a court may not award fees under Civil Code section 1717 to one party for prevailing on a complaint and another for prevailing on a cross- complaint arising under the same contract.” (Id., at 538.) ...

Excerpt: ... Motion to Strike (Code Civ. Proc. 425.16). (See, e.g. Dickinson v. Cosby (2017) 17 Cal.App.5 th 655; Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4 th 1049.) The demurrer to the First Cause of Action is overruled; the Court finds that the allegations, when liberally construed, are sufficient to constitute the stated cause of action. The demurrer to the Third Cause of Action is moot, as that claim has been dismi...

Excerpt: ...hat the subject requests are worded broadly enough to potentially call for the production of privileged materials, Plaintiffs are nevertheless entitled to Code-compliant responses which provide sufficient factual information to allow Plaintiffs to evaluate the merits of the claims of privilege, including provision of a privilege log where necessary. The Court further finds that all responsive documents not subject to a claim of privilege should b...