Excerpt: ... degree of delay due to discovery issues, Defendant Mobrewz, LLC will be able to adequately prepare for trial well before then. Trial in Defendant Trevino's case is set for April 29, 2025. If the case is continued substantially past that date, the Court will consider issuing a stay and will require more specificity as to the harms and benefits of a stay. While Defendant cites to Pacers v. Superior Court (1984) 162 Cal.App.3d 686 for the propositi...

Excerpt: ...at this matter should be abated because Plaintiff already filed a claim for workers' compensation benefits related to the December 2022 incident in which he named Defendant as his employer. Although Plaintiff argues in opposition to the demurrer that Defendant is not/was not his employer, or alternatively that there may be a “parent” or “related” company who employed him and is liable for the December 2022 incident – arguments are not f...

Excerpt: ...use third party AT&T refuses to provide the cell phone records responsive to the Defendants' subpoena without Plaintiff's consent, the Court should compel Plaintiff to consent to release of the records. Defendants put the cart before the horse. Proof of service of the notice to consumer is not sufficient to obtain telephone company records pertaining to a customer. A consent to release signed by the customer (not an attorney) is required. [CCP §...

Excerpt: ...nticipates this educational note will be effective, and the Court will not need to point to this ruling in the future. The Court considers the federal cases cited as persuasive, but see below. Objections Plaintiffs have objected to Defendant's submission of Exhibit 3, a copy of the 2020 Owner's Handbook & Warranty Information, and the statement in the supporting declaration regarding Exhibit 3. The Court SUSTAINS Plaintiffs' Objection Nos. 1 -2 b...

Excerpt: ...r law. [Citation.] We also consider matters which may be judicially noticed.” ( Serrano v. Priest (1971) 5 Cal.3d 584, 591.) “The complaint must be construed liberally by drawing reasonable inferences from the facts pleaded.” (Rodas v. Spiegel (2001) 87 Cal.App.4th 513, 517, as modified (Feb. 28, 2001) .) Merits A negligence cause of action and premises liability cause of action share the same elements: (1) duty; (2) breach; (3) causation; ...

Excerpt: ... witness(es) pursuant to the notice. Therefore, Plaintiff is entitled to an order compelling the appearance of Defendant's Person(s) Most Knowledgeable at the location chosen by Plaintiffs within the statutory mileage limitations. (Code Civ. Proc. §§2025.250, 2025.450(a).) Counsel shall meet and confer to select a mutually agreeable date to complete the deposition, which should occur no later than February 14, 2025. With regard to specific issu...

Excerpt: ...e stricken. The Court finds that Plaintiff, as the moving party, has met the burden of producing evidence demonstrating entitlement to judgment in its favor on both causes of action set forth in the Complaint. (See, e.g. the supporting declarations of Paige Mistretta and Luther A. Hopps.) The burden then shifts to Defendant to produce admissible evidence demonstrating a material factual dispute preventing judgment in Plaintiff's favor. Defendant ...

Excerpt: ...eq. (“PAGA”)” contains “multiple causes of action” because PAGA is a statute that by its nature is an enforcement mechanism for underlying alleged violations of the Labor Code. “Where, as here, Plaintiff has included multiple causes of action (i.e. theories of liability) within a single “count” in the FAC, a demurrer is properly sustained as to those causes of action which fail as a matter of law.” In support of this argument Co...

Excerpt: ... discovery, the provision of all types of relief available in court and the imposition of only reasonable costs, fees and expenses as a condition of access to the forum, are applicable herein. ( Armendariz v. Foundation Health Psychcare Services, Inc . (2000) 24 Cal.4th 83; Lim v. TForce Logistics, LLC (9th Cir. 2021 8 F.4th 992, 999). The Court finds the arbitration agreement was a contract of adhesion and therefore exhibits procedural unconscio...

Excerpt: ...y Timothy Ferreira, Trustee of the R. & D. Ahlem 2011 Trust ("Trustee") does not state facts sufficient to constitute a cause of action. Based on the arguments presented, the Court finds that by his amendments the Trustee has not addressed the fundamental legal deficiency identified in its prior rulings — that the Corporations Code gives the right to inspect a corporation's physical properties to directors, not shareholders. The Court continues...

Excerpt: ...tions it was ultimately filed several weeks past said deadline. On that basis, the Court declines to strike Plaintiffs' Second Amended Complaint. The Court also finds that Plaintiffs' Second Amended Complaint essentially contains the same causes of action founded on the same facts but that appear more legally cognizable compared to the largely made -up causes of action in the First Amended Complaint. The Court therefore declines to strike same. b...

Excerpt: ...cts sufficient to constitute any of the stated causes of action against them, including the First Cause of Action for Violation of the Ralph Civil Rights Act of 1976. (Code Civ. Proc. § 438(c)(1)(B)(ii).) The Court denies Plaintiff leave to amend her complaint further. Plaintiff has detailed the facts on which she bases her complaint against the Defendants – and those facts have not changed. Despite Plaintiff's arguments to the contrary, the f...

Excerpt: ...any party … and where the defense of another action pending or a demurrer based upon subdivision (c) of Section 430.10 is sustained (and no other special defense is sustained) [enter] an interlocutory judgment … in favor of the defendant pleading the same to the effect that no trial of other issues shall be had until the final determination of that other action … . At the time Defendant filed the motion, Plaintiff's complaint alleged a caus...

Excerpt: ...l. 5th 531; Marken v. Santa Monica -Malibu Unified Sch. Dist ., (2012) 202 Cal. App. 4th 1250 The Court also finds that the requested information is subject to disclosure by a court order. (Educ. Code § 44230; Civ. Proc. Code §§ 2025.480 (a); 1987.1). The Court further finds Plaintiff's said discovery request overbroad in that it seeks discovery that extends beyond 1980, which is when Plaintiff's alleges that the sexual abuse occurred, and tha...

Excerpt: ...ed to GRANT the motion, on the grounds that Defendant entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, to Plaintiff's supplemental interrogatory within 14 days. (Code Civ. Proc. § 2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monet...

Excerpt: ...s do not apply in this instance, since Plaintiff was not a party to that proceeding, nor was he in privity with any party thereto. Moreover, there is no evidence before this Court that the scope of the arbitration proceeding encompassed Plaintiff's statutory rights under the FEHA. With regard to the request for summary adjudication of the Second Cause of Action for Harassment pursuant to the FEHA, the Court finds that Defendant has carried its in...

Excerpt: ... as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” Here, the memorandum of costs was filed and served electronically on November 7, 2024. The motion to tax costs was timely served on November 22, 2024, but was not filed until December 2, 2024. The Court nonetheless analyzes the merits. Overview of Motion Defe...

Excerpt: ... held in Stanislaus County, the Court is not prepared to conclude that Defendant has carried its burden under Code Civ. Proc. § 397(b) at this time. Therefore, the Court chooses to follow the procedure which was approved by the appellate court in People v. Mackey (2015) 233 Cal.App.4 th 32, deferring ruling on the instant motion until voir dire has commenced and the Court is able to assess whether the responses of potential jurors confirm the de...

Excerpt: ...les do not apply in this instance, since Plaintiff was not a party to that proceeding, nor was she in privity with any party thereto. Moreover, there is no evidence before this Court that the scope of the arbitration proceeding encompassed Plaintiff's statutory rights under the FEHA. With regard to the request for summary adjudication of the Second Cause of Action for Harassment pursuant to the FEHA, the Court finds that Defendant has carried its...

Excerpt: ...imely filing. The Court hereby exercises its discretion to hear this demurrer. The Court also finds that whether or not Teri Nascimento is listed on the Statement of Information of Villa Fran Mandel is not determinative of her ability to file the present demurrer. The Court also finds that the allegations in Plaintiff's First Amended Complaint fail to clothe Plaintiff, in his capacity as the Personal Representative of the Estate of Stacey Carlson...

Excerpt: ...uling to consider papers in the instant case. (See Bienville Water Supply v. Mobile (1902) 22 S.Ct. 820.) Legal Standards “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be...

Excerpt: ...ing legal principles and that its publication does not substantially alter the arguments before it. However, the Court recognizes that neither party had the opportunity to cite this opinion in the papers herein. Accordingly, should either party wish to brief this opinion's applicability to the instant case, the Court will briefly continue the matter at such party's request for such briefing. Otherwise, the Court's ruling is as follows: Defendants...

Excerpt: ... Lyft, Inc. (2024) 16 Cal.5th 664.) The Court notes that the settlement was reached through arm's -length bargaining after extensive investigation and discovery. In addition, Plaintiffs' attorneys are experienced in similar litigation. Furthermore, the LWDA was given notice of the proposed settlement and a copy of the proposed notice of settlement on November 21, 2024, and it has not chosen to take any action. (See Turrieta v. Lyft, Inc. (2024) 1...

Excerpt: ...that the convenience of witnesses, the ends of justice, judicial economy, and the avoidance of prejudice support the bifurcation of the trial of liability and damages issues herein. (Code of Civil Procedure § Proc. Code § 1048 (b) and 598; Horton v. Jones , (1972) 26 Cal. App. 3d 952; Trickey v. Superior Court In and For Sacramento County, (1967) 252 Cal.App.2d 650 ). The Court therefore exercises its discretion and hereby orders the trial of l...

Excerpt: ...iscovery – HEARING REQUIRED ; d) Ex Parte Application for Order to Continue Trial; Reopen Discovery; and Extend Expert Discovery – HEARING REQUIRED . a) The motion is procedurally defective. It was untimely served only 16 court days before the hearing instead of the 18 court days required when a motion is served electronically. (See Code Civ. Proc., §§ 1005(b), 1010.6(a)(3)(B).) Furthermore, Responding Party points out that his attorney fil...