Excerpt: ...ona slant as the original moton Boilerplate usage should be clearly case related. Use of ALL CAPS is strongly disfavored. Bolded portions should be bolded for a reason. The Court intends to rule on the matter despite the late filing of the meet-and-confer letter. The Defendant's internal records are suggested to be a proper record for judicial notce. However, there is no evidence provided that the records do not reflect a claim being made. This r...

Excerpt: ...s not considered plaintiff's unauthorized Supplemental Reply filed on June 22, 2023. Code Civ. Proc. section 1048(a) provides for the consolidation of actions: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to...

Excerpt: ...est for Admissions propounded on 2/26/23. Defendant Hudson Insurance Company's request for an order deeming the truth of all ma
©ers speciÞed in Defendant's Request for Admissions, Set One is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents speciÞed in Defendant's Request for Admissions, Set One, is hereby deemed admi
©ed. (California Code of Civil Procedure §2033.280) Monetary sanc
Ÿons of $180 are a...

Excerpt: ...ant are not competitors — in business or any other forum it is decidedly Defendant's burden to demonstrate "good cause" for the AEO designation of any document produced during discovery. If the Defendant's proposed protective order were entered, and Plaintiffs did not "catch" an AEO designation immediately (or later determined a document was improperly designated AEO), that designation would be "final" without any analysis of the "good cause" f...

Excerpt: ...t for production was served by electronic means on Friday, March 24, 2023. Powers Declaration, paragraph 4. Plaintiff's responses to the requests were received on April 25, 2023. Powers Declaration, paragraph 5. Pursuant to Code Civ. Proc. S 2031.260(a), responses were due 30 days after service. Pursuant to Code Civ. Proc. S any right or duty to make any response within any period after the service of the document, which time period or date is pr...

Excerpt: ...ating to Plaintiff's employment with and/or the cessation of employment with Defendants. Further, that Plaintiff's relationship with Defendant Penny Newman Grain is so intertwined with Plaintiff's relationship with Defendant Copper and Gold LLC that Defendants may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant Penny Newman Grain. The Court notes that Plaintiff, upon the Court's finding of a valid...

Excerpt: ... 9th, 12th, 13th, 14th, 15th, 16th, and 17th causes of achon 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. In addition, the pleading lacks specific factual allegations of discrimination, retaliation, and harassment arising from Plaintiff's incl...

Excerpt: ...suffcient to enable the district to investigate and settle, if appropriate, Plaintiff's negligence causes of action. (Stockett v. Association of California Water Agencies Joint Powers insurance Authority (2004) 34 Cal.4th 441.) To the extent that the defense arguments herein rely on the assertion that Plaintiff's claim was missing information required by Gov. Code S 910, this consttutes an attack on the claim's sufficiency, which was waived by th...

Excerpt: ...arch 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10, 11 and 14. How...

Excerpt: ...conference for Thursday, August 24, 2023, at 8:30 a.m. in Department 22. Clerk to give notice of the Court's ruling. Due to the amount of time which has elapsed since the entry of default judgment, the Court cannot grant relief pursuant to Code Civ. Proc. section 473(b), Code Civ. Proc. section 473.5, or Civil Code secton 1788.61. However, Civil Code section 1788.61(e) prov-des that 1788.61 shall not limit the equitable authority of the court or ...

Excerpt: ... personal jurisdiction, the default judgment is void; such a judgment can be challenged at any time. (CCP S 473(d); Strathva/e Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.) Where a defendant challenges the court's personal jurisdiction on the ground of improper service, the burden is on the plaintiff to prove the existence of jurisdiction due to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4tH 403, 413.) However, a filed ...

Excerpt: ...hursday, July 13, 2023. a) Ms. Vega filed a Reply at 5:22 p.m. on Friday, June 16, 2023. According to the proof of service attached to the Reply, it was served by electronic mail and regular mail on June 15, 2023. On June 20, 2023, Ms. Yciano filed an objection to the Court considering the Reply because it was filed and served three days after the final day to file and serve as set by the Court on May 12, 2023. The Court was very clear at the hea...

Excerpt: ...e Civ. Proc. S 430.41 A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. SKF Farms v. superior court (1984) 153 cal.App.3d 902, 905. Defendant states that the Complaint exceeds the three-year statute of limitations, but defendant does not cite to a specific statute in support of this assertion that a three-yea...

Excerpt: ...to the subject discovery and all objec
Ÿons have been waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Pe
Ÿ
Ÿoner is en
Ÿtled to an order compelling Ms. Lunardi to provide answers, without objec
Ÿon, to the subject discovery within 30 days. (Code Civ. Proc. § 2030.290(b).) b) The Court Þnds that Real Party in Interest has en
Ÿrely failed to respond to the subject discovery and all objec
Ÿons have been waived (Code Civ. Proc. § 2031....

Excerpt: ... with his claimed injuries, based on the undisputed evidence that Defendant did not own, possess, or exercise control over the property where the injury occurred, nor did Defendant have actual notice of any dangerous condition on the subject adjacent property. The burden then shifts to Plaintiff to produce admissible evidence establishing a material factual dispute preventing judgment against him. In view of the lack of opposition, Plaintiff has ...

Excerpt: ...6 concerning incidences of Covid- 19 infections during August, September, October, November, and December of 2020, and January of 2021, with all patient information, relative information, or other identifying information redacted from the documents. Defendant is also ordered to produce, by no later than July 12, 2023, all documents responsive to Request No. 7 sent to governmental authorities regarding incidences of Covid-19 infections in August, ...

Excerpt: ...dice. The Court finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L....

Excerpt: ...e Buyers' Final Settlement Statement; and The Final Settlement Statement. See Supplemental Declaration of Robert Clancy, paragraph 3, and Exhibit 10 (Declaration of the custodian of records for North American Title, and copies of the above documents). The Court has considered the above documents because there is really no dispute that the documents are genuine: they were just not properly authenticated by attorney Clancy in the original moving pa...

Excerpt: ...rt finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L.P. v. Farkhon...

Excerpt: ...t-and-confer efforts on the disputed issues in good faith. For example, the Court notes that the parties were able to agree to the terms of a protective order and that Defendant indicated the intenton to produce further documentation pursuant to the same, but it is unclear whether such additional production occurred or whether additional communication was had on those issues. Therefore, the Court believes that, with additional efforts expended in...

Excerpt: ...overy requests as one involved with the events at issue in the subject lawsuit. The Munoz declaration is facially defective as it does not contain either the location of the signing nor the words "under the laws of the state of California," and is therefore stricken. Nonetheless, the Court has questions, especially to determine if sanctions are appropriate. b) HEARING REQUIRED. The Court has the concerns raised above and knows of no authority tha...

Excerpt: ... Buyers' Final Settlement Statement; and The Final Settlement Statement. See Supplemental Declaration of Robert Clancy, paragraph 3, and Exhibit 10 (Declaration of the custodian of records for North American Title, and copies of the above documents). The Court has considered the above documents because there is really no dispute that the documents are genuine: they were just not pro#rly authenticated by attorney Clancy in the original moving pa#r...

Excerpt: ...uest for Sanctions in the amount of $2,280.00 a) GRANTED IN PART. Defendant Winco Holdings, Inc. is ordered to serve a verified further response by no later than June 30, 2023, limited to FEHA-based actions filed in the last ten years involving disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, retaliation and wrongful termination in violation of public policy. Discl...

Excerpt: ...ong period of tme and there is some inference that they were coordinated. Additionally, the alleged statements by both named Ruijssenaars indicate some knowledge regarding the ongoing issues and the persons responsible. The Court rejects the argument that Ms. Ruijssenaars was the parent of Does 1-50, as this is not pled. As to the Eighth Cause of Action, the Court independently raises its own concerns that injunctive relief is not a cause of acti...

Excerpt: ... Production, Set One; Request for Sanctions; d) Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctons a) GRANTED, conditionally and with limitations. The Court has reviewed and appreciates the respective supplemental declarations filed by counsel with regard to meet and confer efforts. The sole remaining dispute with respect to Defendant's motion to compel further production to Defendant's Demand fo...