Excerpt: ...very order, Defendant's requests for issue, evidentiary, and terminating sanctions are DENIED as moot. With that stated, the Court agrees with Defendant that monetary sanctions are warranted under these circumstances. The Court acknowledges that the documents at issue were not in Plaintiff's control. But they were in the control of a person associated with Plaintiff, and Plaintiff and the third party specifically agreed at a deposition and on th...

Excerpt: ...s and balance; (3) as of December 12, 2023, the balance owing on the account was $17,148.52; (4) no payments on the account have been made since December 12, 2023; an d (5) the last payment on the account was made within the last three years. Based on the admissions in the order and on the pleadings, the Court finds that the complaint states facts sufficient to constitute causes of action against the defendant, and the answer does not state fact...

Excerpt: ...ase No. 24CV-428713, pending in the Superior Court of Santa Clara County ("Sorto" Action). The Court finds that Moving Defendant has substantially complied with rule 3.521 of the California Rules of Court, that the cases are complex, that they are currently in similar procedural postures, and that common questions of law and fact predominate and are significant. The Court further finds that coordination will improve overall judicial ef...

Excerpt: ...r i o r . Court (1988) 204 Cal.App.3d 17). The Court finds that the six articles submitted by Plaintiff's in support of the instant application simply report the police's preliminary investigative position after said accident (“at this point”), were meant principally for local Turlock residents, an d do not support a finding “of a prejudice against a plaintiff so widespread, intense, and outspoken, through the public press and otherwise, ...

Excerpt: ... has been performed in full. To fall under this statute, though, a stipulation mu st be “in a writing signed by the parties outside of the presence of the court or orally before the court.” (Code Civ. Proc., § 664.6(a).) Here, the agreement was made outside of the presence of the Court and (at the time this motion was filed) was not yet reduced to a writing signed by the parties. Plaintiffs fail to cite any authority in support of the propo...

Excerpt: ...affect “his ability to think and reason” and ne gatively impacted his ability to timely respond to Defendant's Requests for Admissions support a finding of excusable neglect by the Court in respect of said Request for Admissions. (Code of Civil Proc. § 2033.300; New. Albertsons?.Inc¡. v¡. Superior.Court (2008) 168 Cal.App.4th 1403, rehearing denied, review denied). Defendant's Requests for Admissions which were deemed admitted by the Cour...

Excerpt: ...its elements and a Statute of limitations on claims for relief on the ground of fraud or mistake pursuant to Civ. Proc. Code § 338(d) begins to run when plaintiff has information which w ould put reasonable person on inquiry notice. (Ve ra .v¡ .R E L ‗B C ?. L L C , (2021) 66 Cal. App. 5th 57). Plaintiff's complaint does not plead any facts that suggest that Plaintiff was put on enquiry notice of the alleged defects with said vehicle on the d...

Excerpt: ...Code Civ. Proc. §437c(p)(2).) Furthermore, the Court finds that Plaintiffs have established the existence of triable issues of material fact as to whether Everly Pricolo had an infection that required the administration of antibiotics and whether Defendant complied with the appropriate standard of care in deciding not to administer antibiotics to Everly, and as to whether said treatment was the legal cause of Everly Pricolo's neurological injur...

Excerpt: ...f has met his burden in this regard. (See, at a minimum, UMFs 210, 213, 214, 221, and Plaintiff's additional facts.) Plaintiff failed to submit his objections in the format required by Cal. Rules of Ct., Rule 3.1354; therefore, the Court declines to rule on them. ( Hodjat.v¡.State.Farm.Mutual.Automobile.Co¡ (2012) 211 Cal.App.4th 1.) Defendant's objections to Plaintiff's opposing evidence are OVERRULED. THE COURT'S PHONE SYSTEM IS DOWN. If you ...

Excerpt: ... and f ilin g the notice with the court”; or (ii) “[m]anifesting affirmative consent through e le c t r o n ic m e a n s w it h t h e c o u r t o r t h e c o u r t ' s e le c t r o n ic f ilin g s e r v ic e p r o v id e r , and concurrently providing the party's electronic address with that consent for the purpose of receiving electronic service.” (Code Civ. Proc., § 1010.6(c)(3)(i -ii).) It appears that neither of these condition...

Excerpt: ... ne ed to know what percentage of fee requests were denied, which is not information which was provided to the Court. The Court has concerns about Defendant's claim that Ms. Anvar was a paralegal. The Court does not view that as careful pleading. The Court makes the following fee reductions: • Two hours at $350 for the discovery request. ($700.) • Ten hours at $350 for the Motion to Compel Further RFP responses ($3,500) The Court reduces fees...

Excerpt: ...rvicing's (“SLS”) (collectively, “Loan Defendants”) demurrer based on lack of tender is OVERRULED. Plaintiff's Second Amended Complaint adequately addresses the issue of t e nde r by se t t ing fort h fa cts to support the contention that the failure to tender is excused. Whether Plaintiff is actually excused is a question of fact not susceptible to demurrer. The demurrer to the second cause of action for cancellation of instrument is OVE...

Excerpt: ...ition for Writ of Mandate (“SASC”) for two reasons. First, the paragraph is realleged and incorporated by reference into the Second and Third Causes of Action. (See SASC ¶ ¶ 128, 134.) Consequently, the paragraph at issue is considered part of the requests for writ of mandate. Second, even if the paragraph were not incorporated by reference, the Court would be inclined to entertain the DWR's argument on its own motion, as the argument is, a...

Excerpt: ...aterial allegations of the Complaint, including but not limited to the allegation of failure to properly act in view of pre -e xis t in g in c id e n t s o f v io le n t b e h a v io r b y t h e subject student, fai lu r e t o f o llo w o f f ic ia l p o lic ie s w it h r e g a r d t o d is c ip lin a r y responses to student violence, utilizing customs and/ or policies which failed to properly address violent incidents and placed students and st...

Excerpt: ...0.00 Against Plaintiff and/ or His Counsel - GRAN TED ; c) Defendant Kemp -Hable, Inc's Motion for Order Compelling Responses, Without Objections, to Requests for Production of Documents, Set One; Requests for Monetary Sanctions in the Amount Of $820.00 Against Plaintiff and/ or His Counsel – GRAN TED . (a ) The Court finds that Plaintiff failed to respond to the subject discovery in a timely fashion and all objections are waived. (Code Civ...

Excerpt: ...e business expenses, failure to disclose material terms at the time of hire, a UCL claim and a claim for PAGA penalties. The subject class consists of current and forme r non -exempt employees o f D in California between 12 -30- 18 and the date of preliminary approval; the aggrieved employees for purposes of the PAGA claim are those employed by D between 12 -30 -21 and the date of preliminary approval . Of the 302 class members, one opted out of ...

Excerpt: ...ig Funk, who died in the Stanislaus County Jail on May 8, 2023. Petitioner presented a request to hear a late claim on April 29, 2024. The County effectively denied that request. Government Code § 911.2 requires that a claim against a public entity relating to a cause of action for death or for injury to person or to personal property be presented no la t er t ha n six mont hs a ft er t he a ccrua l of t he ca use of action. Generally, no suit f...

Excerpt: ...rocedure § 430.41(a) requires that the moving party “meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to demurrer….” (Emphasis added.) That has not been done here . In addition, an amended proof of service is needed. Although the caption of the proof of service indicates service of the moving papers by both mail and email, the box next to “(BY MAIL)” is not checked (e...

Excerpt: ...et One, Propounded on Defendant, Michael Macias Jr., Request for Sanctions – GRAN TED IN P ART AN D D EN IED IN P ART, and unopposed ; d) Plaintiff, Brandon Cornell's Motion to Compel Further Responses to Form Interrogatories, Set One, Propounded on Defendant, Modesto Pressure Washing LLC, Request for Sanctions – GRAN TED IN P ART AN D DENIED IN PART, and unopposed; e) P la in t if f , Br a n d o n Co r n e ll's M o t io n t o Compel Further ...

Excerpt: ...nc., (2022) 80 Cal. App. 5th 205, reh'g denied (July 18, 2022); Wolf v. CDS De vco , (2010) 185 Cal. App. 4th 903) . The Court notes the common law rule granting a shareholder of a corporation the right to inspect a corporation's physical property as well as its books and records. 9Hobbs v. Tom Reed Gold Mining Co ., (1913)164 Cal. 497, 501) . However, the Legislature has the power to alter the common law . and exercises its power to alter th...

Excerpt: ...ruck Number #245 which is implicated in the asphalt spills at issue, that a triable issue of material fact exists as to whether said Truck #245 driver caused said asphalt spill and whether Defendant herein is, on that basis, potentially liable for said spill. (Defendant's UMF #9, 12 -19, 20, 22, 25 26, - 2 9 , P la in t if f 's AM F's #4,10,14, 15, - 18; Code of Civil Procedure section 437(c)) . Accordingly, Defendant's motion for summary judgmen...

Excerpt: ... factual support for the asserted statutory bases for liability in support of this claims. For public e n t it ie s, every fact essential to the existence of liability must be pleaded. ( Zuniga v. Hous. Aut h. (2002) 41 Cal.App.4th 82, abrogated on a different point of law.) Therefore, the demurrer is sustained as to this cause of action, with leave to amend. With regard to the Second Cause of Action for Defamation, the Court notes that Defendant...

Excerpt: ...leading as ex post improper just because a corporate party's counsel has been relieved. Certainly, the authority cited by Moving Party does not stand for this specific proposition . At the time AMCP filed its pleadings, it was represented by counsel. Therefore, the pleadings themselves are proper. The current lack of counsel does not change that fact . The Court further notes that a party -in it ia t e d m o t io n t o s t r ike is t o b e f ile ...

Excerpt: ... Counsel's declarations and supporting exhibits, including time records, that the bulk of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. ( Ket chum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Boa rd of Trust ees of Ca lif. St a t e Universit y (2005) 132 Cal.App.4th 359, 394.) However, based on the evidence submitted by Defendant in opposition and on the Court's own review of the...

Excerpt: ...pt sanctions are reduced to $960; c) Plaintiff's Motion to Compel Defendant Aurelio Marquez's Initial Responses to Special Interrogatories, Set One, and Request for Sanctions – GRANTED, and unopposed, except sanctions are reduced to $960; d) P la in t if f 's Motion to Compel Defendant Aurelio Marquez's Initial Responses to Requests for Production of Documents, Set Two, and Request for Sanctions – GRAN TED , a n d unopposed, except sanctions ...