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...

Excerpt: ...s a matter of law. Code Civ. Proc. section 437c(c). The allegations concerning theft by plaintiff of defendant's property, and the facts concerning the grievance process engaged in by plaintiff are not relevant to the issues in this Moton. Plaintiff returned the property which defendant thought he had stolen (PMF No. 9, Itkin Declaration, Exhibit 1 (Deposition of Defendant's PMQ) 27:19-28:10) and the grievance process is a separate process from t...

Excerpt: ...Proc. section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving party, the defendant bears the burden of persuasion that there is no triable issue of material fact in order to prevail on summary judgment. However, defendant is not required to conclusively negate an elem...

Excerpt: ..., and as to costs the Motion is ruled on under the Court's Tentative Ruling on Carol Sue Hamilton's Motion to Tax Costs. Ms. Hamilton claims that Ms. DiFazio lacks standing to file the Motion because at the time the Mohon was filed Ms. Hamilton was only the proposed administrator. However, Probate Code Section 850 petitions may be brought by any interested person, and in any event now that Ms. DiFazio has been appointed as administrator she certa...

Excerpt: ...ithin the standard of care. Doctors Medical Center of Modesto, Inc. has filed a Motion to Compel plaintiff Bernadette Davoud to Respond to Supplemental Interrogatories, Set One, and a Motion to Compel plaintiff Bernadette Davoud to Respond to Supplemental Request for Production of Documents, Set One, both of which are set to be heard on May 3, 2023, in Department 22. The Court takes both of these motions OFF-CALENDAR as being moot due to the Cour...

Excerpt: .../or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,051.65; c) Plaintiff's Motion to Compel Responses to Request for Production of Documents, Set One against Defendant Budget Inn and Requests for Costs, Sanctions, and Attorney Fees against Defendant Budget Inn and/or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,061.65; d) Plaintiff's Motion to have Request for Admissions, Set One, Deemed Ad...

Excerpt: ...ns and portions of the Tenth Cause of Action for Unfair Business Practices which reference other similarly-situated employees and the general public, on the grounds that the allegations are irrelevant and improper. Punitive Damages Plaintiff agrees that he cannot recover punitive damages for his wage claims (the first, second, third and fourth causes of action) or for his tenth cause of action for unfair businesses practices. Civil Code S 3294 se...

Excerpt: ...3, 447, fn2; Rule of Court 8.1115.) The reference to "this Court" and the same agreement caused me to look up the trial case; it was a different judge who did so. These rules are in place because it is not persuasive authority for an unpublished case of any stripe unless it falls under one of one of the narrow exceptions. This is not one of them. under the judicial canons, I am not to be swayed by citations to common practice or other judges' rul...

Excerpt: ...tes that the excess length of Plaintiff's motion is relatively insubstantial and chooses not to issue sanctons for that or other violations. Plaintiff is cautioned to review the Rules of Court. The Court is limited to the sanctions requested by the motion, and Defendant Derek Taylor Sr. has met the Court's and counsel's patience with failures to perform basic functions. The Court anticipates those issues raised in the reply brief will be remedied...

Excerpt: ...ost by Dr. Huang and by Hospitalists of Modesto Medical Group, Inc. was within the standard of care. Pursuant to CCP Section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving parties, the defendants bear the burden of persuasion that there is no triable issue of materia...

Excerpt: ...itlement to judgment herein. (Code Civ. Proc. Specifically, Defendant has demonstrated, at a minimum, that Plaintiffs cannot establish the element of causation against the moving defendants herein. b) GRANTED, and unopposed Based on a review of the moving papers and supporting evidence, and in view of Plaintiffs' notice of non- opposition to the instant motion, the Court finds that Defendant, as the moving party, has met the burden of demonstrati...

Excerpt: ... those questions; the Court will accept oral argument at the May 3 hearing on any issue. (a) As a preliminary matter, 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 ofa copy of the file-stamped judgment did not specify that it was performed by order of the court or pursuant to Code Civ. Proc. 5664.5; therefore, the same did not constitute notice of e...

Excerpt: ... habit are to award attorney fees only when some element of bad faith is present; I do not want to, for instance, award attorney fees to a respondent where the evidence was simply insufficient to meet the clear and convincing burden. Here, Petitioner failed to note the existence of case FL-23-220, which she now concedes was part of the motive to seek this restraining order. This order was sought to contravene Judge Mumford's order in the other ca...

Excerpt: ...ched to the moving papers. The Court notes that Plaintiff's choice to refer to this as "an unprecedented injustice," does not clarify the geographic or temporal limits of "unprecedented" and invites Plaintiff to explain its position further. Plaintiff was uncareful in its submissions and the Court has questions as to exactly what has occurred. It does not appear to the Court that its clerical staff made any errors....

Excerpt: ...d Property Law to be held in the name of the Settlement Class Member. The Court finds that the settlement was entered into in 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 Court takes the Motion to Dismiss set for July 14, 2023, at 8:30 a.m. off-calendar, and sets a complian...

Excerpt: ... 2023, seeking a total of $6,825.50 in costs: $1,ff9.50 for trial court costs, and $5,155.90 for appellate costs. Mr. Limon timely filed a Motion to Tax Costs. Circle K claims costs of $4,716.70 under Item No. 6 of the Memorandum of Costs on Appeal for transmitting, filing, and serving of record, briefs, and other papers. See Stiller Declaration, Exhibit B, Memorandum of Costs on Appeal. Mr. Limon is challenging $4,489.20 of these costs as unreco...

Excerpt: ...ion." People v. Hutchinson (1969) 71 Cal.2d 342, 350. Ms. Engebretsen was the only juror who the award was not sufficient, and Ms. Engebretsen's observations concerning what the other jurors allegedly said concerning non-economic damages are not corroborated by any of the other jurors, none of whom have come forward, but only by plaintiff's counsel. The Court therefore finds that Ms. Engebretsen's observations are insufficiently to support a find...

Excerpt: ...on v. Mohamad, case No. CV-22-00032. The Court views it as likely that it will DENY the motion and stay the Hodgson case. The Court is somewhat confused in that all of the pleading reference a jury trial. However, demands for specific performance are not entitled to a jury (See: Darbun Enterprises v. San Fernando Community Hospital (2015) 239 cal.App.4± 399.) If Khan is successful, Hodgson would have a right to have the remainder of the case hea...

Excerpt: ...uses of Action of Plaintiff's Complaint— GRANTED in part and DENIED; d) Plaintiff's Verified Application of Samuel A. Harding to Appear as Counsel Pro Hac Vice and Take Part in Case with Local Counsel —HEARING REQUIRED. a) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted in compliance with California Rules of Court, rule 9.40. b) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted...

Excerpt: ... the basis of medical records now available to Plaintiff and submitted to the Court, that Plaintiff was admitted to Defendant Almond Vista Healthcare Center's facility on June 29, 2022, and that the arbitration agreement between the parties was dated June 29, 2022. The Court also finds that Plaintiff has clarified that his allegations of elder abuse, specifically, the allegations of the unnoticed development of maggots in Plaintiff's wound, arose...

Excerpt: ...CM991. On November 17, 2022, the Court dismissed Case No. PR-22-W021 without prejudice. The moving and opposing papers were only filed in Case No. not in the active case, which is Case No. PR-21- OW991. Therefore, the Court is ordering the clerk to image the moving and opposing pa#rs in Case No. PR-21-cm991. Petitioner is appealing the Court's denial of petitioner's Motion to Set Aside the Spousal Property Order. See Opposition, Exhibit A - The C...

Excerpt: ...as submitted conditionally under seal) does not comply with the requirements of Code Civ. Prtw S 2015.5; therefore, it does not presently constitute admissible declaration evidence. Therefore, defense counsel shall be prepared to submit such evidence in a Code-compliant format at the time of the hearing. In addition, defense counsel shall be prepared to meaningfully discuss the potential effectiveness of a brief further continuance on Mr. Burchel...

Excerpt: ...without leave to amend on demurrer, or a motion for summary judgment, on the ground the complaint does not adequately raise that legal theory of liability. (Smith v. Wells Fargo Bank, N.A. (2005), 135 Cal.App.4th 1463, modified on denial of rehearing, review denied, on remand 2007 WL 5165852). Consequently, the Court finds that Plaintiff's failure to raise a Labor Code section 558.1 legal theory in his complaint is not fatal and is not a basis to...

Excerpt: ...SUSTAINED. The assertions are vague as to the manner in which this was received. Objection 4: The Foundational objection is SUSTAINED. The Court notes that the declaration asserts without evidence that this is a picture prior to the breaking of the dial. Plaintiff has demonstrated Mr. Buske's status as a retained consultant to Plaintiff's counsel prior to the designation of experts in the matter. Therefore, Defendants' right to obtain discovery f...