Excerpt: ... by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App. 4th 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for him to...

Excerpt: ...created by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App.4*' 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for ...

Excerpt: ... submitted in connecton with Defendants' Memorandum of Costs, the Court finds that Plaintiff has met her burden of demonstrating that certain of the costs claimed are unrecoverable under Code Civ. Proc. S 1033.5 or are excessive and/or unreasonable, such that the burden shifts to Defendants to show that the items charged were for matters necessarily relevant and material to the issues inwlved in the action. (Nelson v. Anderson (1999) 72 cal.App.4...

Excerpt: ...denied as to these requests except as to the records from Kaiser Permanente Dale Road Medical Offices that concern plaintiff's mental health conditions, as admitted by plaintiff in response to Special Interrogatory No. 5. Request for Production No. 44— GRANTED. Plaintiff Wendy Speakman is ordered to serve verified amended responses to Request for Production of Documents No.'s 12 and 43, without objections, but only as to the medical records ide...

Excerpt: ...judgment based on the submitted evidence demonstrating its lack of actual or constructive notice. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. S 437c(p)(2).) The Court finds that Plaintiff has met his burden in this regard, at a minimum, with regard to the issue of constructive notice. (Gov't. Code S 835(b).) Plaintiff's evidence supports an in...

Excerpt: ...uling by the California Supreme Court in Adolph v. Uber Technologies, Inc., whichever occurs first. In the Sacramento County cases which are the subject of defendant's Request for Judicial Notice the court granted the motions to compel arbitration as to plaintiff's individual claims and stayed the acton as to the representative claims. In the Merced County and Fresno County cases (Exhibits K and L) the court compelled arbitration and dismissed th...

Excerpt: ...ate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be." (City of Grand Terrace v. superior court (1987) 192 cal.App.3d 1251, 1262.) The Court finds that Settling Defendant's application does not meet the requirements listed in Tech-Bilt Inc. v Woodward-Clyde Associates and does not proVde the Court with enough informati...

Excerpt: ...fs, to be paid by Cashman Creek Ranch LLC and Longstreth to plaintiffs' counsel Keric Cushing if Defendants accept this ruling. Otherwise, Defendants will be given additional time to respond to Plaintiff's late-filed detailed records. Plaintiffs' Request for Judicial Notice is GRANTED. Civil Code S 1717(a) provides in pertinent part that in any action on a contract, where the contract specifically provides that attorney's fees and costs, which ar...

Excerpt: ... The Court continued the hearing to May 9, 2023, and ordered petitioner Lisa Judd to file a Sur-Repl',' by no later than April 21, 2023. The Court allowed this because the respondents had made a new substantive argument in their Reply concerning the lack of proof by the petitioner as to the "probable validity" of her real property claim. Lisa Judd timely filed and served a Sur-Reply on April 21, 2023. Although not specifically allowed by the Cour...

Excerpt: ...023. (California code of Civil Procedure "2025.280(a), 2025.410 and 2025.420). The Court also finds that Plaintiff made reasonable and good faith efforts to meet and confer with Defendant through Plaintiff's multiple inviting Defendant to meet and confer with Plaintiff, as well as the multiple extensions given to Defendant to respond to said meet and confer invitatons. The Court further finds that Plaintiffs request for testimony and d G„cument...

Excerpt: ...iff's counsel to request a hearing. The Court continued the hearing to May 5, 2023, and ordered counsel for both parties to file declarations by April 28, 2023, regarding who from their office made contact with opposing counsel giving notice of their respective requests for a hearing, and also to specifically state in the declarations what part of the tentative ruling they oppose. 80th counsel timely filed declarations. It is apparent to the Cour...

Excerpt: ...s, Defendant was in possession of the full report. At the last hearing the Court attempted to discern why the initial report sent from Plaintiff's law firm was incomplete in a manner which led Defendants to err in their appraisal of the situation. Defendants also explained to the Court's satisfaction why the Defendant's representatives signed off on the prior admissions. Code Civ. Proc. S 2033.300 prov-des a safe harbor when the admission was the...

Excerpt: ...Collins; John E. Gish; and the Estate of Conrad G. Sanchez individually and collectively, as follows: $231,124.39 in reliance damages, $154,542.15 in costs, and $104,436.73 in interest through February 20, 2023, for a total judgment amount of $490,103.27, plus interest of 8% per year from February 20, 2023 through May 3, 2023. Code Civ. Proc. section 1285 provides as follows: Any party to an arbitration in which an award has been made may petitio...

Excerpt: ... January 5, 2016 to October 20, 2021. The records are to be produced by no later than Friday, May 26, 2023. The original subpoenas dated March 2,2023, issued to Aseracare Hospice, Hy-Lond Healthcare, and Sutter Gould Medical Foundation, for decedent Donna Lee Warner's medical records, sought medical records from Ms. Warner's date of birth through the present. The original subpoenas were clearly overbroad as to tme. The amended subpoenas issued on...

Excerpt: ...sition of Mr. Quijas. Mr. Quijas is ordered to make himself available for and attend and testify at his deposition. On March 15, 2023, the Court granted plaintiffs' Motion to Compel the Deposition of defendant Adolfo Torres Quijas. The Court ordered plaintiffs' counsel and defense counsel to meet and confer in good faith and set the deposition of Mr. Quijas. The Court also ordered Mr. Quijas to make himself available for and attend and testify at...

Excerpt: ... of relevant and admissible evidence with regard to Plaintiff's earnings, disciplinary matters substantially similar to those Defendant alleges were the basis for Plaintiffs termination in this case, and whether Plaintiff's separation from employment with the non-party deponent was voluntary or involuntary. The tme period for discoverable documents should be from start date to date of separation of employment. The motion to quash is therefore den...

Excerpt: ...ferences for arbitration. (See: St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal. 4th 1187, 1195; and Engal/a v. Permanente Medical Group, Inc. (1997) 5 cal. 951, 971-972.) But the Court enforces only the "Applicant Statement and Agreement," which contains a PAGA carve-out. The alleged superseding clause in one of the other agreements can't overcome a separate agreement made at the same tme. The Applicant Statement and Agreement...

Excerpt: ...n good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The proposed settlement terms are as follows: (1) Gross Settlement Amount of $590,000.00; (2) $50,000.00 allocated for PAGA Penalties under the Private Attorney General Action of 2004 ("PAGA"), distributed 25% ($12,500.00) to the A...

Excerpt: ...FAA there is a liberal policy favoring arbitration agreements. Perry v. Thomas (1987) 482 U.S. The arbitration agreement in the Lease Agreement (Maugeri Declaration, paragraph 5, Exhibit 4) prov-des that it is governed by the Federal Arbitration Act ("FAA"), which governs transactions involving commerce. 9 U.S.C. section 2. Courts interpret FAA's term "involving commerce" broadly, finding that the phrase is the functional equivalent of "affecting...

Excerpt: ...ms that defendant Karen Emily Johnson failed to see plaintiff in the crosswalk and hit him while he was in the crosswalk. PUMF, No.'s 2 and 3. There is a disputed issue of fact as to whether Mr. Lopez was actually walking in the marked crosswalk and whether or not Ms. Johnson is at fault. Ms. Johnson claims that Mr. Lopez was not in the crosswalk she did not see him there, and that prior to initiating her turning movement, she observed traffic an...

Excerpt: ... exist, and that plaintiff is entitled to summary judgment. Open Book Account Code Civ. Proc. section 337a defines "book account" as follows: The term "book account" means a detailed statement which constitutes the principal record of one or more transactons between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries a...

Excerpt: ... declarations prov-ded by Defendants authenticate the pictures themselves. OVERRULED. SUSTAINED. OVERRULED. OVERRULED. SUSTAINED as to the "I am informed and believe" statement only. OVERRULED. see number 2. SUSTAINED. Defendants Evidentiary Objections to the Declaration of Lori Sicard: 2. 3. 4. 5. SUSTAINED. OVERRULED. The reason for the delay in pursuing the matter has raised. OVERRULED. See below. The parties raise issues in a manner that is u...

Excerpt: ...fficient at the pleading stage to state the challenged causes of acton. In pleading, the essential facts on which a determination of the controversy depends should be stated with clearness and precision so that nothing is left to surmise. (Bernstein u Piner (1950) 98 Cal.App.2d 441). The Court finds that Plaintiff has not stated with clarity and precision essential facts on which a determination of the controversy depends such as the term of the ...

Excerpt: ...and confer with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. Defense counsel sufficiently met and conferred with plaintiff's counsel before filing this Motion. Moths Declaration, paragraphs 5 — 10. The Merits Code Civ. Proc. section 436 prov-des that the court may, upon a motion made pursua...

Excerpt: ...es to Plaintiffs Special Interrogatories, Set One; and for Monetary Sanctions— GRANTED, in part, DENIED, in part, unopposed. a) Plaintiff's request for an order establishing the truth of all facts and genuineness of all documents specified in Plaintiff's Request for Admissions, Set One against Dora Palominos is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents specified in Plaintiff's Request for Admission...