Excerpt: ...ath, 4) negligent infliction of emotional distress, and 5) violation of patient's rights. Defendant's moving separate statement sets forth thirty‐nine (39) undisputed material facts (UMFs) – many of them repeated for each cause of action – focusing on two legal issues – first, that the Defendant met the applicable standard of care, and second, that Defendant did not cause the injuries Plaintiffs complain of in their complaint. Defendant a...

Excerpt: ...onally, reconsideration of the denial of a summary judgment motion cannot be sought on the 10‐ day notice period set forth in CCP Section 1008, because this would bypass the procedural protections of CCP Section 437c afforded to parties opposing summary judgment, such as the requirement of 75 days' notice. Torres v. Design Group Facility Solutions, Inc. (2020) 45 Cal. App. 5th 239, 243. Finally, the Court finds that it did not err in denying de...

Excerpt: ... GRANTED, and unopposed. Motions (a) – (b): The Court finds that each motion was properly noticed and timely served, that no opposition was filed by Plaintiff and that no responses were timely served by Plaintiff. Accordingly, Plaintiff is ordered to serve complete and verified responses, without objections, within fifteen (15) days of this Order. Motion (c): The Court finds that this motion was properly noticed and timely served, that no oppos...

Excerpt: ...state cannot bring suit on its own but must proceed through the appropriate trustee, executor, or administrator. (See, e.g. Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344.) Moreover, as to the claims based on the subject contract (deed of trust), the Homeowner's Bill of Rights, and the foreclosure sale, the individual plaintiffs have failed to allege sufficient facts demonstrating their capacity to assert these claims herein. As Plaintiffs ...

Excerpt: ...rovided. Therefore, the request for an order compelling the same is DENIED, as MOOT. With regard to the request for sanctions, however, it appears that Plaintiffs' failure to comply with the statutory provisions for responding to the subject discovery necessitated the instant motion and Plaintiffs have not demonstrated substantial justification for their failures in that regard. Therefore, the Court finds that Defendant is entitled to an award of...

Excerpt: ...e names of and information related to Defendant's former pupils and employees. Defendant's students are further protected from the disclosure of said information by the California Education Code §§ 49075 and 49077. Plaintiff's motion for further responses to Form Interrogatories, Set 1, is GRANTED as to 12.2, 12.3, 12.6, 12.7, 14.2 and 17.1, and DENIED as to 12.4 and 12.5 on the grounds of work product and attorney client privilege. Further, an...

Excerpt: ...etween Plaintiffs and Central Valley Nissan that Defendant may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant. Proceedings herein are accordingly stayed pending completion of arbitration. Defendant's Request for Judicial Notice is GRANTED. The Court acknowledges that Defendant did not demand arbitration pursuant to code, however, resolving the motion based on this point would be a fruitless endea...

Excerpt: ...ended Cross‐Complaint of Nirmal Singh and Ks Chandi; b) Defendants Nirmal Singh, Prabhjot Singh, Matthew Bradford, Marc Robinson & Robinson Bradford LLP's Special Demurrer to Causes of Action 1 Through 8; c) Plaintiffs Kevin Doan, Pauline Doan and Harpreet Dhaliwal's Motion to Quash Subpoena to First American Title – This is an action for corporate mismanagement brought by the majority shareholders against a corporate officer (and minority sh...

Excerpt: ...bridge's Further Responses Requests for Admissions, Set One and Request for Sanctions – GRANTED, in part; DENIED, in part, as MOOT. 1. The Court finds the substance of the dispute over Plaintiff's responses to be moot, based on Plaintiff's service of verified further responses herein. To the extent that Defendant believes such further responses remain insufficient, meet and confer efforts should be undertaken and Defendant may seek judicial int...

Excerpt: ...lure to meet and confer in good faith; Request for Monetary Sanctions in the Amount of $690.00; c) Plaintiff Doctors Medical Center of Modesto, Inc.'s Motion to Compel Further Responses from Defendant, Tiger Lines, LLC to Special Interrogatories, Requests for Admission, Requests for Production of Documents, and Form Interrogatories, Set One; Request for Monetary Sanctions in the Amount of $6,200.50 – DROPPED on the Court's own motion due to the...

Excerpt: ...he delegation clause require the arbitrator to determine which of the Plaintiffs' claims are arbitrable? With regard to the first issue, Defendant has established that decedent Olivia Deloach signed the arbitration agreement on February 13, 2020. The supplemental declarations of Cristina Lewis and Ashlee Gilliam, combined with the original declaration of Deanna Brummell, establish that the decedent's electronic signature was generated a) in the p...

Excerpt: ...tigate matters which pertain to the underlying Alameda County claims. Specifically, Intervenor cannot have a trial of any sort in this county in order to recover as a state representative under PAGA. This Court cannot – and will not – rule on those claims, or take any action which purports to interfere with Alameda County's jurisdiction. ...

Excerpt: ...ration, based on the U.S. Supreme Court's holding in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. The Court further notes that Plaintiff does not appear to oppose the application of Viking River Cruises, supra, with regard to the individual claim. Therefore, the motion is GRANTED in that respect. However, the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitrati...

Excerpt: ...d the Decedent Shirley Strickland while she received treatment from them. Further, Defendants' evidence establishes that a family practice physician and a physician's assistant cannot be held to the same standard of care as applicable to cardiology experts. The Court further finds that Defendants have established the absence of a triable issue of material fact regarding a crucial element of Plaintiff's medical malpractice claim against Defendants...

Excerpt: ...Chowdhury, which outlines a rule for out‐of‐ commission stoplights. In this case, there was a power outage whose breadth is disputed, but there is no means. Plaintiff has the burden to identify new facts that would cure the defect. The Opposition alleges that the only traffic signals that were inoperable were at the subject intersection but power was working for the other lights in the neighborhood and houses. Regardless of the accuracy of th...

Excerpt: ... same damages as the claim for breach of contract, with the result that no separate claim has been sufficiently stated. (See, e.g. Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1395.) Therefore, the demurrer is SUSTAINED with regard to this cause of action; however, the Court will grant Plaintiff leave to amend the pleading in this regard. With regard to the Third Cause of Action for Common Counts, the Court f...

Excerpt: ...eacted negatively because he has had difficult experiences with people who represent themselves. Petitioner goes to great lengths to disparage counsel both in his reply brief and in e‐mails. None of this assists. The Court does not have jurisdiction in this case to stop a party from being represented by the attorney of its choice. Petitioner is strongly advised in the future to make an administrative complaint about an attorney or not rather th...

Excerpt: ...r, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” (Emphasis added.) See also Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 190 (an appeal from the denial of a motion to compel arbitration automatically stays all further trial court proceedings on the merits). Based on the Court's review of the facts here, the appeal involves “matters embraced in or affe...

Excerpt: ...ndants and each of them failed to verbally discuss the risks of the left eye surgery with Plaintiff, or otherwise clearly communicate and/or ensure that Plaintiff understood the associated risks, benefits, and alternatives.” Plaintiff suggests this is sufficient, but it does not follow that Plaintiff was not given a clear written waiver which Plaintiff understood and agreed to. Plaintiff avers that he did not understand what was occurring, but ...

Excerpt: ... complaint states Defendant sprayed on April 3, 2020. On the other hand, Plaintiff's Motion for Summary Judgment and the exhibits and evidence submitted therewith state Defendant sprayed on April 2, 2020. This material contradiction in the moving papers means Plaintiff has not met his burden to establish no material disputes of fact such that summary judgment or summary adjudication would be appropriate. Even if Plaintiff had met his moving burde...

Excerpt: ... to meet his burden herein. His proffered evidence fails to identify any material factual disputes as to whether the defendant facility had a duty to prevent Plaintiff's voluntary departure from the premises or to prevent his apparent suicide attempt on the night in question. Therefore, Plaintiff has not demonstrated a material factual dispute sufficient to overcome the moving defendants' evidence on these issues. Plaintiff's objections to Defend...

Excerpt: ...its, the Court finds that Defendants, as the moving parties, met the initial burden of establishing prima facie entitlement to judgment based on the submitted evidence. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiff has failed to meet his burden herein. His proffered evidence fails to establish any po...

Excerpt: ... Code §47 under the auspices of Code of Civil Procedure §425.16. The burden then shifts to Defendant and Cross‐Complainant CAO to demonstrate the probability that it will prevail on the merits of the subject causes of action. The Court finds that CAO has failed to meet its burden particularly as there is no evidence that Lucky 8 disseminated the email to other than its customers. Therefore, the Court finds the Cross Complaint filed by CAO sha...

Excerpt: ...ky Stores, Inc. (2000) 79 Cal.app.4th 1081,1086.) There are thirty‐seven issues for adjudication which all boil down to whether each allegation in the complaint were sufficiently alleged in the LWDA Notice. The first three issues address the entirety of the PAGA cause of action. The remaining issues address a “claim within his PAGA cause of action.” California Code of Civil Procedure 437c allows summary adjudication “only if it completely...

Excerpt: ...o two parts, sending one part to arbitration and the other to dismissal. On a motion to compel arbitration under CCP §1281 et seq, the moving party has the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a prepon...