Excerpt: ...f demonstrating that Plaintiff does not possess the evidence to conclusively establish that said asphalt grindings were spilled by an employee/ contractor working on the Teichert / Caltrans Highway 99 jobsite on the date of Plaintiff's accident. (Code of Civil Procedure § 473c; Ag u ila r v . At la n t ic Ric h fie ld Co . , 25 Cal.4th at 850). (Defendants/ Cross Defendant's UMFs Nos. 20 - 23). However, the Court also finds that the available ev...

Excerpt: ...ld file a Second Amended Complaint but did not prior to the demurrer hearing. The Court granted additional time to do so and set timelines for filing and set a demurr er hearing date . On April 3, 2024, the Court expressed puzzlement that no opposition to the demurrer to the Second Amended Complaint was filed. Plaintiffs' counsel said she believed she could submit on her original opposition. Defense counsel and the Court thought the dire ctions w...

Excerpt: ...ty and to each cause of action on the ground that each fails to state sufficient facts to constitute a cause of action against it. For the reasons set forth below, the special demurrer and general demurrer are SUSTAINED, in full, with 30 days' leave to amend . Uncert a int y This is one of the rare cases where sustaining a special demurrer on the grounds of uncertainty is warranted. Defendant GBS was added to the pleading in place of Doe 1. No ot...

Excerpt: ... timekeepers, the nature of the work performed, the customary billing rate for each timekeeper, and the prevailing rate for comparable legal services in the co mmunity. ( Serrano v Unruh (Serrano IV) (1982) 32 Cal.3d 621, 643; Serra no v Priest (Serra no III) (1977) 20 Cal.3d 25, 48.) The Court itself has e xp e r ie n c e f r o m h is y e a r s in t h is c iv il la w a s s ig n m e n t r e v ie w in g a n d d e t e r m in in g attorney fee motio...

Excerpt: ...r granting preliminary approva l. Having considered the unopposed motion herein and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable, and adequate, and satisfies the standards for final approval under Californ ia la w . (Civ il Co d e § 1 7 8 1 ; Co d e Civ . Proc. § 382; Cal. R. Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed set...

Excerpt: ... of Anaheim ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Industries , Inc., (1979) 94 Cal. App. 3d 895, 900,) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568). Furthermore, an appurtenant easement is a part of, and cannot b...

Excerpt: ...he substance of the fee request, the Court notes that Plaintiff primarily contests the reasonableness of the hours claimed by Defendant herein. The successful party is normally entitled to a fully compensatory fee, which may be reduced only where special circumstances render the same unjust. ( Se rra no v. Unruh (1982) 32 Cal.3d 621, 639. ) Regarding the lodestar fees calculation, the Court finds, on the basis of the declarations submitted by Mr....

Excerpt: ...s, based on “what was, or should have been, known t o settlor at time questioned settlement was mad e ”, that the settlement entered by the parties was within the reasonable range of Ms. Gregg's proportional share of c o m p a r a t iv e lia b ilit y f o r p la in t if f ' s in ju r ie s b a s e d o n t h e in f o r m a t io n a v a ila b le a t the time of settlement. This finding is regardless of wheth er the settlement date was in Nove...

Excerpt: ...e h ic le warranty. ( Jensen v. BMW of Nort h America , Inc. (1995) 35 Cal.App.4th 112; Ro d r i g u e z v . F C A U S , LLC (2022) 77 Cal. App. 5th 209.) In this regard, the Court notes that the California Supreme Court granted review of Ro d r ig u e z , supra, in July 2022, explicitly allowing the opinion to continue to be cited both for persuasive value and for the limited purpose of establishing the existence of a conflict in authority which...

Excerpt: ...Cra ne v. R. R. Cra n e In v. Co rp ., (2022) 82 Cal. App. 5th 748, 298 citing Tr a h a n v. Tr a h a n , (2002) 99 Cal. App. 4th 62, 75; Go v. P a c ific He a lt h Se r vic e s , In c . (2009) 179 Cal.4th 522, 529 -532; Cot t on v. Expo Power Syst ems, Inc. (2009) 170 Cal.4th 1371, 1381- 1382) . The Court notes that the statutory buy -out procedure to avoid involuntary d is s o lu t io n o f a c o r p o r a t io n w h ic h in v o lve s t h e a p...

Excerpt: ... , § 1 2 8 1 ) . The Court finds that Plaintiff was not compelled to sign the arbitration agreement as a condition of employment and also had the option to opt out of said agreement. Therefore, the Court finds that said arbitration agreement was not a contract of adhesion. Civil Code section 1670.5; Armendariz v. Foundation Health Psychca re Services, Inc. (2000) 24 Cal.4th 83, 102 ; Pardee Construction Co. v. Superior Court (2002) 100 Cal.App.4...

Excerpt: ...d facts asserting the following : Defendant was issued a credit card account. (UF 1, 3.) Defendant agreed to be bound by the terms and conditions set forth in the Cardmember Agreement. (UF 2.) Aft e r re ce iving the cre dit card, t he account was charge d for various goods, se rvice s, or cash adv ances. (UF 3.) Plaintiff complied with its obligations under the Agreement by paying vendors for all charges that were made on Defendant's account. ( ...

Excerpt: ...r o p e r . Th e c la s s is s u f f ic ie n t ly n u m e r o u s , c o n s is t in g o f o ve r 2 ,6 0 0 in d iv id u a ls , a n d it is a s c e r t a in a b le b y r e f e r e n c e t o Defendant's personnel and payroll records. Also, Plaintiffs are adequate class representativ es, as their claims do not conflict with and are not antagonistic to the claims of other class members. Plaintiffs' claims are also typical and arise from the same emplo...

Excerpt: ...unt of time investment by Counsel. ( Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133). The Court therefore awards Plaintiff attorney's fees of $84, 535.00 and costs of $3,336.27 . The Court also finds that regardless of Defendants' opposition to said partition, it m a y b e c o n s id e r e d a s b e n e f it in g f r o m s a id p a r t it io n . ( St ut z v. Da vis (1981), 122 Ca l.Ap p .3 d 1 ; O r i e n v . Lu t z (2017) 16 Cal.App. 5 th 957; Ri...

Excerpt: ... s h o w in g t h a t a t r ia b le is s u e o f m a t e r ia l fact exists. [ Aguilar v. Atlantic Richfield Co. , supra , 25 Cal.4th at 850; see also La w Office s of Dixon R. Howe ll v. Va lle y (2005) 129 Cal.App.4th 1076, 1092. This case comes down to one simple question: Does Plaintiff have standing to bring this wrongful death claim and the associated negligence claim? In this case, Plaintiff and the decedent in a fatal vehicle collision in...

Excerpt: ...arious wage and hour claims, including meal and rest period violations, minimum and overtime wage violations, wage -statement violations, failure to timely pay wages during employment and at t e r m in a t io n , f a ilure to maintain accurate wage statements, failure to reimburse 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...

Excerpt: ...ccessful party is normally entitled to a fully compensatory fee, which may be reduced only where special circumstances render the same unjust. ( Serra no v. Unruh (1982) 32 Cal.3d 621, 639. ) Regarding the lodestar fees calculation, the Court finds, on the basis of Ms. Spiezia's declaration, that the hours claimed herein were reasonably incurred and substantially contributed to the ultimate successful result on the subject contract c la im s . ( ...

Excerpt: ...m . The original complaint contained allegations that there were written agreements via email. The new complaint describes the agreement as oral with supporting emails, which are not attached. Counsel is bound by the prior allegation that this is a w r it t e n a g r eement. ( Deveny v. Entropin, Inc . (2006) 139 Cal.App. 4 th 408.) Thus, the terms of the written agreement must be included in the complaint . There is no pleading of what the actua...

Excerpt: ...n d CO N TIN U ED in p a r t a s follows. a) P la in t if f 's m o t io n is GRANTED in part, DENIED in part and CONTINUED in part as follows. Th e Co u r t D EN IES Plaintiff's request for terminating sanctions at t h is t im e . However, the Court hereby O RD ERS Defendant to comply with its November 22, 2023, order compelling responses to the Plaintiff's Requests for Ad m is s io n o n o r b e f o r e Ap r il 1 6 , 2 0 2 4 , o r f a c e t e r ...

Excerpt: ...nt to be the prevailing party under the attorneys' fees provisions contained in the subject contracts. (Civ. Code § 1717.) Since the instant lawsuit involves adjudication of claims based on multiple, independent contracts, Civ. Code § 1717 requires the determination of a prevailing party as to each contract, without reference to which party prevails in the lawsuit as a whole. (See, e.g. Arntz v. St. Paul Fire & Marine Insurance Co. (1996) 47 Ca...

Excerpt: ... . (a ) The Court finds that Plaintiff entirely failed to respond to the subject discovery a n d a ll o b je c t io n s a r e w a iv e d . (Code Civ. Proc. § 2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without ob jection, within 14 days. (Code Civ. Proc. § 2030.290(b). ) The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this ...

Excerpt: ...leged statutory and civil penalties concern various wage and hour claims, including meal and rest period violations, minimum and overtime wage violations, wage -statement violations, failure to timely pay wages during employment and at t e r m in a t io n , f a ilure to maintain accurate wage statements, failure to reimburse business expenses, failure to disclose material terms at the time of hire, a UCL claim and a claim for PAGA penalties. The ...

Excerpt: ...s t a g e , d is p o s it ive . P la in t if f 's complaint engages in what some courts call “shotgun pleading,” in which the specific actions of each defendant are poorly defined. Determining the potential lia b ilit y o f M EB Loan Trust VI and Specialized Loan Servicing requires some additional detail to assist the parties and the Court. The failure to outline which Defendants are liable under which theories is untenable . Whether lack of ...

Excerpt: ...hen shifts t o Cross-Complainant to demonstrate the probability that she will prevail on the merits of the subject cause of action as it relates to the protected activity. The Court finds that the application of the litigation privilege prevents Cross- Complainant from relying on the filing of the instant action as the basis for her breach of contract claim; therefore, she is unable to meet her burden on the instant motion. As a result, the Court...

Excerpt: ...s. The Court therefore GRANTS the preliminary injunction on t h e f o llo w in g c o n d it io n s : 1. P la in t if f is o n n o t ic e t h a t it s o n ly p r iv ile g e is f o r in g r e s s a n d e g r e s s o n t o it s own lands. The Court clarifies that this means Plaintiff's members may NOT cross Defendants' land in order to access current BLM lands. Plaintiff is charged with ensuring its members understand that whatever hunting and o t h...

Excerpt: ...ed in the opposition, the motion is DENIED . First, there is no separate statement as required by rule 3.1345(a)(2) of the California Rules of Court. The failure to file a separate statement is in and of itself sufficient grounds to deny the motion. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 n.14; cf. Mills v. U.S. Ba nk (2008) 166 Cal.App.4th 871, 893. ) Second, the supporting decla...

Excerpt: ...eiro and Darlene Marie Ribeiro, located at 3951 Davis Avenue in Modesto, County of Stanislaus, by eminent domain for the construction of its planned State Route 108/ North County Corridor Phase 1 Project for the public benefit and for all uses necessary, incidental, and convenient thereto pursuant to Code of Civil Procedure section 1255.410 . The Court further finds Plaintiff has, based on an appraisal, deposited the sum of $87,700.00 into the St...

Excerpt: ...int are subject to the 2 -ye ar lim it a t io n s p e r io d s e t f o r t h in Co d e Civ . P r o c . § 3 3 5 .1 . As the action was filed outside that period, it is time -barre d. Plaintiff contends that she has adequately pleaded late discovery because she did not know how she had been injured until the BBS reports and findings issued in November 2022 . “In order to rely on the discovery rule for delayed accrual of a cause of action, ‘[a]...

Excerpt: ...o have a contractual duty to defend M id -Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connection with Commercial Specialty Inc.'s work on the property located at 2600 Spengler Way, Turlock Ca lif o r n ia , except “to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontracto...

Excerpt: ...satisfaction of the Court, the class is certified for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). Th e class counsel, class representative, and claims administrator are hereby p r e lim in a r ily a p p r oved and appointed as set forth in the motion. The Court sets the following deadlines relative to this matter: 3-26 - 24 Defendant shall provide Class List and Data Report to Administrator 4-5-24 Administrator s...

Excerpt: ... litigation privilege of Civil Code §47 and §425.16 . (Brown v. Dep't of Corr ., (2005) 132 Cal. App. 4th 520; Briggs v. Ede n Council for Hope & Opportunity (1991) 19 Cal 4 th 1106 115. The Court further finds that Plaintiffs have not demonstrated the probability that they will prevail on the merits of their alleged causes of action. The Court finds that Plaintiffs have failed to meet their burden particularly as there is no evidence that ...

Excerpt: ...a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide answers, without obj ection, to the subject discovery within 30 days. (Co d e Civ. Proc. § 2030.290(b). ) The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. § 2030.290(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount o f $...

Excerpt: ...k that requires a contractor's license pursuant to Bu s . & P ro f. Co d e § 7 0 2 6 . Th e re fo re, Plaintiff, as an unlicensed contractor, is precluded from seeking recovery in law or equity for compensation under the alleged agreement. (Bus & Prof. Code § 7031(a).) Further, as it appears Plaintiff is unable to demonstrate the required licensure, the Court finds that leave to amend would be futile under the circumstances and is, therefore, d...

Excerpt: ...d - CONTINUED, to 5/ 3/ 24 at 8:30 am in Department 22; c) Plaintiff's Motion to Quash Deposition Subpoena Seeking Plaintiff's Employment Records from Smithfield Packaged Meats and for Monetary Sanctions again Defendant and/ or it's Attorneys of Record – CONTINUED, to 5/ 3/ 24 at 8:30 am in Department 2 2 a-c) The motions are procedurally defective. A separate statement is required for a motion “”[t]o compel or to quash the production of do...

Excerpt: ...rgument that this Court is divested of jurisdiction for a contempt proceeding. Petitioner's citation to Albrecht v. Superior Court (1982) 132 Cal.App.3d 612 appears reasonable, and Defendant's citations do not appear to be directly on point. It does not appear to the Court that the rules of Code Civ. Proc. § 664.6 – which do require the Court to retain jurisdiction – apply in this matter. The Court notes that any express retention of jurisdi...

Excerpt: ... The Court understands the circumstances surrounding the filings, but cannot view the failure to timely file the separate statement as the sort of error the Court has the jurisdiction to overlook, as Plaintiff suggests. The separate statement is a necessary part of the motion (Rule of Court 3.1345. ) P la in t if f c it e s Mills v. U.S. Ba n k (2008) 166 Cal.App. 4 th 871, 893 for the proposition that a separate statement does not require that t...

Excerpt: ...claration: 9. SUSTAINED as to relevance. Objections to Klapper declaration: 10. SU STAIN ED . 11. O VERRU LED . Defendant's motion fails due to an insufficient separate statement. A moving party on summary judgment bears the initial burden of product ion to make a p r im a fa c ie showing that there are no triable issues of material fact. [Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826]. If the moving party carries this burden, it causes...

Excerpt: ...ll Co. v. Cit y of Ana he im ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Indust ries , Inc., (1979) 94 Cal. App. 3d 895, 900) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568) . Furthermore, an appurtenant easement is a par...

Excerpt: ...t in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. ” Plaintiff cites no authority for his assertion that liability under Labor Code § 558.1 is the equivalent of alter -ego liability and that the venue rules for alter ego therefore apply. Without such authority, the Court declines to extend alter -e go venue rul es to possible liability under Labor Code ...

Excerpt: ...�the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. ” Plaintiff's argument in opposition relies heavily on Labor Code § 558.1. The Court notes that this argument fails on its face because the current iteration of this pleading (the First Amended Complaint) does not allude at all to that statute, let alone contain a cause of action based...

Excerpt: ...d as required by the Court's order granting preliminary approv a l. Having considered the unopposed motions herein and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under Califo r n ia la w . (Civ il Co d e §1 7 8 1 ; Co d e Civ . Proc. §382; Cal. Rules of Ct., rule 3.769.) The motion indicates that the n...

Excerpt: ...itting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] The courts “also consider matters which may b e ju d ic ia lly n o t ic e d . ” ( Serra no v. Priest (1971) 5 Cal.3d 584, 591. ) Fir s t Ca u s e o f Ac t io n Defendants contend that the statute at issue does not authorize a reverse validation action. Water Code § 10726.6(a) states, “A groundwater sustainability agency th...

Excerpt: ...pute in this case is whether an offset is warranted. The fees listed appear to be due to the City of Patterson under the terms of the agreement. The City is acting as a pass-through for the funds, but appears to exercise control over tho se funds and thus the parties are not the same despite the pass-through arrangement . The Court is also unconvinced that the current amount allegedly owed by Plaintiff is probably valid. Defendant refers to porti...

Excerpt: ...interim. Plaintiff's actions delayed this case without good cause to do so, and counsel is cautioned that the Court has an affirmative obligation to ensure cases are completed timely and to prevent recurrences in the future. This paragraph is designed to achieve that objective . The Court tends to agree with Plaintiff that the phraseology in the Notice of Motion is not ideal, but it does make clear that there is a challenge to the dangerous condi...

Excerpt: ...r im a r y is s u e s r a is e d in t h e first de murre r . First Cause of Act ion: Bre ach of Cont ract . At the pleading stage, the Court d e c lin e s t o f in d t h a t in t e g r a t io n o f t h e t e r m s in t h e e m a ils is n e c e s s a r ily v o id . Whether a collateral agreement is intended to be a part of the bargain is based on the totality of t he circumstance s. ( Ma st erson v. Sine (1968) 68 Cal.2d 222). Defendant argues tha...

Excerpt: ...ly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) “Recklessness” refers to a subjective state of culpability greater than simple negligence, which has been described as a “deliberate disregard” of the “high degree of probability” tha...

Excerpt: ...e of the claim. Defendants can now use discovery to uncover the specific, evidentiary facts that Plaintiff contends supports the ultimate fact. As for the element of hostility, that is a question for the trier of fact. Second Cause of Action Overruled. The fact that Plaintiff alleged in another complaint the existence of another easement to the same parcels of land is not a conclusive admission that such easements ever existed or do in fact exist...

Excerpt: ...Construction LLC dba Solgen Electric. She discussed this with them in November, 2022. She received a loan from WebBank, obtained via an electronic lending platform operated by Solar Mosaic LLC to pay for the solar roofing, on recommendation of Solgen. Plaintiff alleges she signed a contract on December 2, 2022, the same day she was provided the contract, in her First Amended Complaint. In her declaration opposing this motion, she says she was ask...

Excerpt: ... merits, Moving Party objects on the grounds of (1) privacy, and (2) lack of standing. Neither argument is persuasive. One of the chief allegations in this case is that Respondent abused the power-of-attorney agreement to use the proposed conservatee's funds and assets for his own benefit. That makes the information sought quite relevant to this case. While there is a state constitutional right to privacy applicable to financial records, that rig...

Excerpt: ...finds that the opposing parties have met their burden in this regard. With regard to the existence of a dangerous condition, the opposing evidence demonstrates material factual disputes about the nature and severity of the subject condition which prevent this issue from being adjudicated as a matter of law. (See, at a minimum, Plaintiff's response to UMF 11 and Plaintiff's Additional Facts.) With regard to the issue of notice, the opposing eviden...

Excerpt: ... separate statements, and the contnuance is intended to allow Defendant to submit a supplemental opposition responding to the same by the opposition deadline as calculated from the continued hearing date. The Court does not view the failure to timely submit a separate statement as merely procedural; separate statements give the Court and the other party necessary information. The Court anticipates the issues will be narrowed prior to the hearing ...

Excerpt: ...ing that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer." (Ca. Law and Motion Authorities S 29:5A). Furthermore, if a demurrer is sustained and the complaint is amended, no subsequent demurrer can be brought ...

Excerpt: ...iate for determination on demurrer. Moreover, the instant demurrer is not the proper procedural vehicle for a challenge to Plaintiffs' ability to claim punitive damages. (See, e.g. Grieves v. Superior Court (Leonard L. Fox) (1984) 157 Cal.App.3d 159, 163.) Defendants' Request for Judicial Notice is GRANTED as to the existence and contents of the subject court records. (Sosinskyv. Grant (1992) 6 Cal.App.4th 1548.) However, the Court finds that the...

Excerpt: ...e to the First Amended Complaint as a whole. Most of these arguments have either been made, or were available to be made against the initial complaint. The appearance of an amended complaint does not resuscitate rights to a demurrer which have been otherwise forfeited. Uncertainty A demurrer for uncertainty should be sustained only where the pleading is so unintelligible that the defendant cannot reasonably respond. (See Khoury v. Maly's of Calif...

Excerpt: ...y and as Plaintiff would not have an opportunity to respond to said issue, considerations of fairness require the Court to decline to consider that issue. Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 765 ; United Grand Corp. v. Malibu Hillbillies, LLC, (2019) 36 cal. App. 5th 142.) The court also notes that Defendant's request for judicial notce was not, as is required, made by a separate document listing the items for which notice is requeste...

Excerpt: ...iled a Private Attorneys General Act (PAGA) action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court. (Adolph v. Uber Techs., Inc., (2023) 14 Cal. 5th 1104; Cal. Lab. Code S 2699(c)).Accordingly, the Court finds that Plaintiff herein may still maintain his non-individual claims in state court. However, in relia...

Excerpt: ...quests. Counsel is cautioned that such combined motions are disfawred and will be rejected when submitted for filing in the future. At the hearing on this matter, the Court is inclined to continue all of the discovery motons set through the end of this month and in February to February 29, 2024 at 9:30 a.m. and may require personal appearances by counsel. At that hearing, the Court might appoint a discovery referee. The Court is dissatisfied with...

Excerpt: ... efforts to meet and confer with regard to the disputed requests. Counsel are reminded that discovery is intended to be self-executing and are instructed to continue to meet and confer in good faith, in person or by telephone, with the goal of narrowing and/or resolving the disputes herein. In addition, the Court recognizes the relevance of the requested discovery with regard to the identification of information and materials concerning other stu...

Excerpt: ... against all claims by Super Store Industries arising out of or in connec
Ÿon with Top Quality and Fireplace's work on the property located at 2600 Spengler Way, Turlock California. , except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontractor, or their other agents, other servants, or other independent contractors...

Excerpt: ...nder in Defendants Jacob Zensen/Sweep-Rite INC.'S Motion for Protective Order, and Defendant Issac Villareal JR.'S Joinder in Motion for Sanctions and Appointment of Discovery Referee - HEARING REQUIRED. a-c) HEARING REQUIRED. The Court intends to designate this as a complex case. At the hearing on this matter, the Court is inclined to continue all of the motions set throughout February to Wednesday February 21, 2024 at 1:30 p.m. and require pers...

Excerpt: ...Petitioner personally asserts that "l also believe that the ALJ was biased against me because she did not consider any of my evidence, but just accepted everything the accusers said." PROCEDURAL SUMMARY Petitioner operates a day care with one regular long-term employee, Kelly Buttram. Respondent intended to revoke her day care license, and a hearing was held in front of Administrative Law Judge Karen Reichmann on June 21 and June 22 of 2023. Judg...

Excerpt: ... are also uncertain as to the moving defendants. (CCP S 430.10(e) & (f), California Rules of Court, Rule 2.112, Khoury v. Maw's of Calif, Inc. (1993) 14 Cal.4th 612, 516, (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 cal.5th 577, 695, Williams u Beechnut Nutrition corp. (1986) 185 cal.3d 135, 139). Furthermore, due to the inconsistent allegations contained in Plaintiff's complaint, specifically, Plaintiff's allegations ...

Excerpt: ...$82,845 for attornevs fees and $2,810.45 in costs. Paragraph 5 of the Settlement Agreement allows Plaintiffs Counsel to recover his fees and costs for both actions from Defendant Bob Harkrader & Sons Trucking, Inc., with a guaranty from Jacob Harkrader and Robin Harkrader. The Court deems the appropriate market rate in this case to be $450 per hour, taking into account Counsel's experience and the risks inherent in these types of cases. The numbe...

Excerpt: ...at Defendant Kevin Ray Zanders has failed to respond to Plaintiff's properly propounded Special Interrogatories, Set One, or at all, without justification. Accordingly, Plaintiff's application is hereby granted. Defendant shall provide verified responses to the propounded discovery without objection within fourteen (14) days of the date of the Court's order. Any objections by Defendant to said discovery are hereby waived. (Code of Civ. Proc. SS 2...

Excerpt: ...irst Amended Complaint. Therefore, the Court finds that the Second Amended Complaint fails to state facts supporting the 2nd, 5th 6th 7th 8th 9th, 12th, 13th, 14th, 15th, 16th, and causes of action stated therein. With regard to the claims based on Plaintiff's alleged disability, the pleading lacks specific factual allegations establishing that Plaintiff suffered from a condition that constituted a disability, as that concept is defined by FEHA. ...

Excerpt: ...e the above-mentioned procedural deficits, the Court has reviewed the substance of the moton and finds that Plaintiff, as the moving party, has failed to meet her initial burden of demonstrating entitlement to judgment herein. Specifically, expert medical testimony is required to support Plaintiff's claim for medical negligence in this context, and no such testimony has been provided. (Hanson v. Grode (1999) 76 cal.App.4± 601, 605-607.) Further,...

Excerpt: ...nes and limitations should be placed? The Court will not continue this case again. Plaintiff gives a more substantially complete recitation of the procedural history. Defense expert Dr. Pereira examined Plaintiff on January 14, 2022 and issued a report on January 26, 2022, asserting expertise on Chronic Regional Pain Syndrome (CRPS) and asserting that Plaintiff likely did not suffer this condition. Plaintiff's expert, Dr. Ol_aughlin, examined Pla...

Excerpt: ... the beneficiary of another 1/3 of 40% through the Trust (although William Jackson is seeking to exercise the option he was given to purchase the Trust's interest). Because this inspection is outside of the Discovery Act, if a member has an issue with the inspection, then the appropriate procedural mechanism is for the member to file a civil pleading seeking a writ of mandate against the company—NOT try to shoehorn the issue through a trust pro...

Excerpt: ...Request for Production of Documents, Set Two and Request for Sanctions —GRANTED IN PART AND DENIED IN PART. d) Plaintiff's Motion to Compel Further Responses of Defendant Secret River, Inc. to special Interrogatories, set one and Request for sanctions -GRANTED IN PART AND DENIED IN PART. e) Plaintiff's Motion to Compel Further Responses of Defendant Smart Management & Co., Inc. to Special Interrogatories, set one and Request for sanctions - GRA...

Excerpt: ...esentation that responses would be served no later than 12-15-23; Counsel shall appear to confirm whether this was accomplished. In addition, the Court is inclined to award sanctions against Defendant Craven Farming Company and its counsel in favor of Plaintiff in connection with the instant motion, which appears to have been necessary in order to elicit the required responses. Therefore, sanctions are awarded in the amount of $460, to be paid to...

Excerpt: ...82; Cal. Rules of rule 3.769.) Good cause appearing to the satisfaction of the Court, the Court is inclined to find that the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers, as follows: Fees and costs of Settlement Administrator: $9,500 Payment to Class Representatives: $17,500 PAGA allocation to LWDA (75%): $15,000 Class Counsel's attorney's fees: $325,000 Class Counsel's costs:...

Excerpt: ...es to have a contractual duty to defend Mid-Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connec
Ÿon with A+ Innova
Ÿve Drywall Inc.'s work on the property located at 2600 Spengler Way, Turlock California, except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontract...

Excerpt: ...card by Plaintiff. (UMF 1.) Plaintiff sent Defendant a credit card with a copy of the customer agreement. (UMF 2.) under the terms set forth in the customer agreement, Defendant manifested his assent to the contract when he used the card. (UMF 3.) Pursuant to the terms of the customer agreement, Plaintiff extended credit to Defendant whereby Defendant could charge for goods or services or obtain cash advances. (UMF 4.) In exchange, Defendant was ...

Excerpt: ...inal fairness hearing and subject to final approval by this Court. Defendant's objection to Exhibit 5 attached to the 11/16/23 Mallison Declaration is OVERRULED, and the request to strike is DENIED. This is Plaintiff Kristeena Tinnin's own mediation brief, and Defendant failed to highlight any of its own confidential information in the document. Defendant therefore has no standing to object to the public filing of the brief. Defendant asserts tha...

Excerpt: ...sed by P from American Chevrolet (GM UMF 1) and as to the lack of a new Limited Vehicle Warranty issued by Defendant accompanying said sale. (GM UMF4, UMF6 and UMF 7). (Rodriguez v. FCA US, LLC, (2022).77 cal. App. 5th 209). Accordingly, Defendant's application for summary judgment is hereby granted. Plaintiff's request for a continuance is denied on grounds that Plaintiff already possess the evidence it alleges supports its claim that a new vehi...

Excerpt: ...rged his burden of demonstrating that he is entitled to the requested discovery. (Code of Civ. Proc., "2017.010, 2030.290(b); (Appleton v. Superior Ct., (1988) 206 Cal. App. 3d 632; Steven M. Garber & Associates v. Eskandarjan (2007) 150 Cal.App.4th 813). Furthermore, the Court finds, in view of the upcoming motions for summary judgment filed by other Defendants herein against Plaintiff on calendar for February 2024, Plaintiff will be prejudiced ...

Excerpt: ...scovery Act under which Plaintiff seeks relief in this instance. Moreover, while the Court presumes that Plaintiff may be attempting to obtain an order suppressing the June 2023 deposition pursuant to Code Civ. Proc. S 2025.520(g), Plaintiff has failed to demonstrate the meet-and-confer efforts required by that section. Moreover, the Court questions whether Plaintiff brought the instant motion seasonably, as it appears she delayed in this regard ...

Excerpt: ...bitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement." Petitioner Central Valley — Sierra Associates ("CVSA") is correct in contending that there is an overarching lev...

Excerpt: ...ery and all objections have been waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Petitioner is entitled to an order compelling Mr. Joefield to prov-de answers, without objection, to the subject discovery within 30 days. (Code Civ. Proc. S 2030.290(b).) (b) The Court finds that Real Party in Interest has entirely failed to respond to the subject discovery and all objections have been waived (Code Civ. Proc. S 2031.300(a).) Therefore, Petitione...

Excerpt: ...law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) The Court also considers matters that can be judicially noticed. (Ibid.) The Court sustains the demurrer on the following grounds: (1) Plaintiff has not demonstrated that she complied with the Government Claims Act; (2) the pleading is barred by the statute of limitations; and (3) Defendant Lucas is protected by quasi-judicial immunity with regard to the allegations in the First Amended Complaint...

Excerpt: ...aintiff Eileen Duarte filed a complaint for "reformation of deeds, cancellation of deeds and declaratory relief." Eileen alleges in the complaint that she is the sole trustee of the Duarte 1993 Trust, created by Joe and Mary Duarte. Eileen is one of Joe and Mary's three children — the other two are her sisters Defendants Irene (Duarte) Nelson and Kathleen (Duarte) Elliott. During Joe and Mary's lifetime, they transferred three parcels of proper...

Excerpt: ... Special Interrogatories, Set One and Request for Sanctions —GRANTED IN PART AND DENIED IN PART; d) Plaintiff's Motion to Compel Further Responses of Defendant Secret River, Inc. to Request for Production of Documents, Set Two and Request for Sanctions —GRANTED IN PART AND DENIED IN PART; e) Plaintiff's Motion to Compel Further Responses of Defendant Smart Management & Co., Inc. to Special Interrogatories, Set One and Request for Sanctions �...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...sexual abuse by the Perpetrators on Plaintiff which was reported to Defendant between January 1, 1997- 2001. The Court finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter under Penal Code 511164-11174.3, Child Abuse and Negligent Reporting Act (CANRA), when Plaintiff allegedly made his second report of sexual abuse by William and David Shook to Defendant. Accordingly, Defendant's Demurrer to Pla...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ... to contain contract specifics inclusive of the date renders the complaint fatally vague. Second, the failure to allege a contractor's license causes the complaint to fail as currently pled. (See Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies (2017) 12 Cal.App.5th 842.) The Court is skeptical that expert testimony is necessary. Plaintiff's contenton that the contractor's license is necessary is not supported by the Space X ca...

Excerpt: ...ch appears to include issues the Court has already resolved. Terry says the Court has no discretion to do anything other than grant her motion. She is wrong. First, she says that under Marriage of Woolsey (2013) 220 Cal.App.4th 881 at 898, the permissive "may" in S 664.6 becomes a "shall," if the Court finds the settlement enforceable. The Court was unable to find this language and is unconvinced. But more to the point, the Court has already foun...

Excerpt: ...ave not yet received the Bills of Sale. Without the Bills of Sale, performance cannot occur, and the cause of action for breach of contract has not yet accrued. Defendants therefore have defeated their own sham pleading argument because their admissions demonstrate that the correct cause of action here is anticipatory breach, not actual breach. The cause of action is not barred by the statute of limitations. The statute of limitations on a cause ...

Excerpt: .... Atlantic Richfield Co. (2001) 25 cal. 4th 826, 850). Accordingly, Defendant's motion for summary adjudication as to the lack of Defendant's liability to Plaintiff as a matter of law because Kevin Ray Zanders was not acting within the scope of his employment he engaged in tortious conduct towards Plaintiff, is hereby granted. (Aores v. AutoZone W„ Inc., (2008) 161 cal. App. 4th 373, Mary M. u City ofLos Angeles (1991) 54 cal.3d 202). The Court...

Excerpt: ...dly injured in the accident and the timeframe for the medical records to 15 years before the date of the accident. The request for a protective order is DENIED, as the specifics of a protective order were not addressed in the motion. If counsel wish to agree on a protective order, the Court is likely to enter one. The Court views the limitation at 15 years and the body parts involved as sufficient given the facts of the case. The initial request ...

Excerpt: ...ubstantial probability exists that the overriding -nterest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restri ctive means exist to achieve the overriding interest. The overriding interest here is the "highly confidential" and "commercially sensitive" information contained in the declarations filed by Mr. Hughes and Mr. Retsloff in support ofthe settlement negotiations between Plai...

Excerpt: ...ff's Motion for Orders Compelling Responses to Requests for Admission Set One and Awarding Sanctons of $2,600.00 Against Defendants and Their Attorney of Record Michael Warda —GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to plaintiffs second set of form i...

Excerpt: ...rified that when — as is the case here - a petition challenges the disinheritance of a beneficiary from a trust, the petitioner has "limited stand-ng" to challenge the validity of the trust instrument which disinherited him. Therefore, the Court must first decide the "threshold issue" of the validity of the trust instrument which disinherited Petitioner here the Second Amendment to the Trust. If the trust amendment pursuant to which the benefic...

Excerpt: ...12/29/23 at 8:30 am in Department 22 is ADVANCED and CONTINUED to 1/12/24 at 8:30 am in Department 22, to be heard concurrently with the motion to award costs. MOTION FOR NEW TRIAL: The Court will hear arguments on the following issues: 2. Special Verdict Form Responses re Vicarious Liability: The Court notes that Plaintiff failed to address this argument in his opposition. The Court would like to hear from the parties on this Issue. Damages Awar...

Excerpt: ... in its previous order of 10/4/23 warned Defendant that further failure to comply with the Court's orders could result in the imposition of more stringent sanctions up to and including terminating sanction. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., (2020), 56 Cal. App. 5th 771). Accordingly, Plaintiff's application for issue sanctions to be imposed against Defendant is hereby granted. The allegations of Plaintiffs complai...

Excerpt: ... for Admissions Set No. Admitted and Request for Order Awarding Monetary Sanctions Against Defendant— GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to Plaintiff's Request for Production of Documents, Set One, is granted pursuant to Code of Civil Procedure ...

Excerpt: ...Production of Documents; Request for Sanctons— GRANTED, and a) The Court finds that Plaintiff entirely failed to to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (Code Civ. Proc. S 2030.290(b).) The Court further finds that Defendants are entitled to an award of monetary sa...

Excerpt: ... the arbitration proceedings. The representative claims in the class action complaint are dismissed. Both the individual and representative portions of the PAGA complaint are stayed pending arbitration. a) Defendant contends that California law is pre-empted in these complaints by the Federal Arbitration Act ("FAA"). Plaintiff does not dispute Defendant's contention that it is engaged in interstate commerce within the meaning of the FAA and thus ...