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: ...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: ...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: ...udge Begen on March 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,...

Excerpt: ...t the video footage is inconsistent with Cross-Defendant's declara
Ÿon tes
Ÿmony on these issues and does not support her prima facie en
Ÿtlement to judgment. Assuming arguendo that Cross-Defendant fulÞlled her ini
Ÿal burden herein, the burden would then shi
L to Cross-Complainant to introduce admissible evidence demonstra
Ÿng the existence of a triable issue of material fact. (Code Civ. Proc. § 437c(p)(2).) The Court Þnds that Cross-Com...

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...

Excerpt: ...ns of the secton entitled Mediation and Arbitration of Disputes in the Amended Buy-Sell Agreement for Blue Tech Water, Inc., entered into on August 26, 2019. The court action is stayed pending completion of the arbitration. Respondent Anthony Delgado's Motion to Compel Further Responses to Requests for Production of Documents, Set One, which is set for June 15, 2023, and the Case Management Conference set for July 24, 2023, are taken OFF-CALENDAR...

Excerpt: ...and/or evidence to support this was only tendered in Defendant's Reply and references a declaration that was apparently never filed or served. (Reply, p. 8, In. 5-10 ["Declaration of Megan Tommasello"].) The Court believes that the present split of authority recognized by the California Supreme Court in granting review of Rodriguez v. FCA US LLC (2022) 77 cal.App.5th 209, review granted, cal.5th 295 Cal.Rptr. 351, may well depend on whether effec...

Excerpt: ...apposite. Likewise for the constructive filing upon receipt rule because what Plaintiff submitted could not have been filed as tendered and therefore required an entirely new filing, not simply compliance with a technical formatting issue. The same holds for Plaintiff's reliance on Code of Civil Procedure section 473, subdivision (d), since there was no "clerical mistake" in the entry of judgment, or renewal thereof, in the first place. Here, Pla...

Excerpt: ...efendant correctly points out some errors in the Court's earlier calculations. The Court does not believe it has authority to correct the judgment at this stage, as Defendant correctly observes. (a) The Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service of a copy of the file-stamped judgment did not specify that it was performed by order of the court or purs...

Excerpt: ...at the final fairness hearing and final approval by this Court. The class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the moton. The Court sets the following deadlines relative to this matter: -23-23 efendant shall provide Class Information to Administrator -5-23 ministrator shall mail Class Notice to Class Members. -19-23 lass Deadline for Submission of Opt-out Notices or...

Excerpt: ...ion. The examination will be performed by Dr. Alex Huanphong Phan, MD. of Alpine Orthopedics in Stockton California, whose specialty is interventional pain management and by such assistants and colleagues as Dr. Phan may call upon to assist or to advise him in the examination. The examinaton will take place at 2488 N. California St„ Stockton, on June 27, 2023, beginning at 5pm and continuing for as long as is reasonably required but in no event...

Excerpt: ... 6, 2023. No additional filings by either plaintiff or by defendants concerning this Mohon are allowed. b) GRANTED. Attorney's fees of $2,800.00 are awarded in fawr of Narinderpal Sandhu and Rajwant Sandhu and against Van Rorabaugh as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4,1992. Van Rorabaugh, as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4, 1992, is ordered to execute and deliver to...

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...