Excerpt: ...found that Song-Beverly claims are arbitrable. Also, plaintiff has not shown that he would be prejudiced by the arbitration of his claims. The Motion as to Central Valley Nissan Defendant Central Valley Nissan has shown that on July 1, 2017, plaintiff Rodney Borba purchased the 2020 Nissan Titan at issue in this case from Central Valley Nissan, as memorialized by a Retail Installment Sale Contract—Simple Finance Charge (with Arbitration Provisi...

Excerpt: ...regardless of their professional stand-ng, to carry out their custodial obligations. (Cal.Welf. & Inst.Code S 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" that an injury will occur (BAJI No. 12.7...

Excerpt: ... Discovery Referee— a) Plaintiff Harpreet Dhaliwal's Motion to Com#l Responses to Form Interrogatories, Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee being appointed by the Court on this date. b) Plaintiff Harpreet Dhaliwal's Motion to Compel Responses to Requests for Production of Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee appointed by the Court on this date. c) Plaintiff Har...

Excerpt: ... preventing judgment or adjudication of the subject claims. With regard to the Second and Third Causes of Action, the Court finds that Plaintiff has failed to carry his burden with regard to the element of causation. Specifically, Plaintiff submitted no admissible evidence establishing that the Defendant's alleged negligence proximately caused the death of Plaintiff's decedent. Therefore, the motion for summary adjudication is GRANTED as to those...

Excerpt: ...a) The judgment may not be enforced; (b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease; and (c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished. As an alternative to filing an application for renewal of judgment, Code Civ. Proc. § 683.050 allows for the bringing of an action on a judgment within the 10-year deadline as specified in Code ...

Excerpt: ...Dunes. Although Hisun settled with plaintiffs, Hisun remains a party to the action by virtue of its cross-complaint against L&K, as well as L&K's cross-complaint against Hisun. Before the Court this day is the continued hearing on Hisun's motion to “sever” (more accurately, to bifurcate) the cross- complaints. Bifurcation services two principal purposes: first, to prevent a waste of time and money resulting from a trial of unnecessary issues;...

Excerpt: ...Defendant's medical expert, Dr. Marks, on the issues of standard of care and causation are conclusory, speculative, and unsupported by a reasoned explanation of the factual bases for his stated conclusions. (See, e.g. Doe v. Good Samaritan Hospital (2018) 23 Cal.App.5th 653, 662.) In addition, assuming arguendo that Defendant's moving evidence was sufficient to shift the burden to Plaintiff to introduce admissible evidence demonstrating the exist...

Excerpt: ...CACI 204 at trial. The use notes of CACI 204 encourage case-specific instructions. This may not have been intentional, but the evidence is likely sufficient for the issue to be analyzed by the jury. The history appears to be as follows: Crash: December 16, 2016. Traffic photos taken by ID tech Lavonne Nicolai: Same day. Traffic collision report provided to Plaintiffs: January 26, 2017. Plaintiff's counsel requested all Nicolai photographs from MP...

Excerpt: ...herwise to set aside the Trust or any of its dispositive provisions. The Court further does not find that Ms. Frey acted in bad faith. However, the Court awards attorney's fees of $52,789.43 ($49,289.43 for prior work and $3,500.00 for the current motion) and costs of $5,722.26 in favor of Carol Dupree, to be paid out of the Trust corpus, with no apportionment as to the beneficial interests. The Motion is timely in that it was filed within 60 day...

Excerpt: ...the action.” (California Code of Civil Procedure, 2024.020). The Court also finds, on the basis of the supporting and opposing declarations, that Plaintiffs have not established there is a substantial probability they will prevail on their punitive damages claims. (California Code of Civil Procedure Sections 3294 & 3295). The Court further finds Defendant's financial records are publicly available. Plus, in conjunction with said publicly availa...

Excerpt: ...laimed Checks Non-Reversionary: State Controller's Office, Unclaimed Property Division, in name of each unclaimed payee. This is a wage and hour dispute. A separate case against Defendant had an approved PAGA settlement on July 29, 2022, which appeared to preclude many of Plaintiff's PAGA claims in this case. For good cause shown, the class is certified for settlement purposes only. (Cal. Rules of Ct., rule 3.769(c).) Based on the moving papers, ...

Excerpt: ...y the judge, issues of fact shall be tried to the jury. Code of Civil Procedure section 592. Plaintiffs seek to bifurcate what they describe as issues of law – however, in reality what Plaintiffs seek to bifurcate are mixed issues of fact and law. Additionally, as noted by Defendant in its opposition, the issue of whether Defendant's pre-litigation offer was “sufficient” is not a “defense” in this mater – rather it is an essential ele...

Excerpt: ... case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Mr. Salazar requests that the Court not enforce the settlement agreement because he did not sign it, and because he has now changed his mind. However, changing one's mind about a...

Excerpt: ...4, 2023. Defendant is ordered to prepare a Judgment of Dismissal. On January 5, 2023, the Court continued the hearing on defendant's Motion for Issue, Evidence and/or Terminating Sanctions and for Monetary Sanctions to March 2, 2023, and ordered plaintiff to serve verified responses to the discovery requests without objections by no later than Friday, February 4, 2023, or the Court may dismiss the action and impose additional monetary sanctions. ...

Excerpt: ...e counsel has shown that he met and conferred with plaintiff's counsel prior to filing the Demurrer, as required pursuant to CCP Section 430.41, but that counsel were unable to reach an agreement. Declaration of Jack D. Polales, paragraphs 3 and 4. Pursuant to CCP Section 430.41(e)(1), a complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable pos...

Excerpt: ...e 2020 ICF Report at the time the project was approved. Counsel now asserts this was in error. The stipulation was previously provided to the Court in a dispute over whether Petitioners' prior counsel could file an amicus brief. A party may not offer a fact for one purpose to its advantage, and then later ask the Court to disclaim that fact; if it were one party, it would be a judicial admission, but in this case both parties stipulated to the fa...

Excerpt: ...t is entitled to a greater amount of deposit. What evidence do I have to support either figure? The Court view the hardship on Plaintiff to be substantial and likely outweighs the hardship on Defendants. However, the County asserts in its reply that granting an extension to leave the house until August, 2023 will cause it hardship. What specific construction issues has the County shown that cause this to be unreasonable? The County must prove “...

Excerpt: ...hat party from this waiver on its determination that the party has subsequently served a response that is in substantial compliance with CCP Sections 2033.210, 2033.220, and 2033.2030, and the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. Pursuant to CCP Section 2033.280(b), the requesting party may move for an order that the genuineness of any documents and the truth of any matters spec...

Excerpt: ...tion of the State Route 108/North County Corridor Phase 1 Project, and all uses necessary, incidental and convenient thereto. However, the Court finds that at this time, the balance of hardship weighs in Defendant's favor as the Relocation Assistance Program has not effectively discharged its obligations to “assure that the unique circumstances of any displaced person are taken into account” and to “assure that a person shall not be require...

Excerpt: ...ntiff's acknowledgement that she is aware of the identities of the relevant witnesses, and it appears that any information they have to offer is readily available to Plaintiff via civil discovery procedures, which should be effective and easily accessible as a means of obtaining relevant evidence in this action. The Court's ruling is made without prejudice to future consideration of the above-referenced competing interests in this regard at a tim...

Excerpt: ...urisdiction to make the finding. If Alvarenga Transport LLC wishes to argue that matter, the Court will hear it despite the lack of filed opposition. The Court finds that the notice of settlement, application for good faith determination and proposed order were timely filed and properly served, with proof of service timely filed, as provided by law. (Code Civ. Proc., § 877.6(a)(2); Cal. Rules of Ct., rule 3.1382.) The time in which any non-settl...

Excerpt: ...tness fees) $175.00 (out of claimed costs of $8,520.69) Item No. 11 (court reporter fees) $17,007.38 Item No. 12 (models, photocopies) $1,402.20 Total Costs Allowed: $32,791.38 Pursuant to CCP Section 1033.5(c)(2)&(3), allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Item No. 1 – Filing and Motion Fees If the court determines that CCP Section 1033.5 ex...

Excerpt: .... Fischer seeks summary judgment or, in the alterative, summary adjudication concerning respondents' Objection to First Account and Report as to the following issues: 1. Whether Mr. Fischer has expended funds from the Morgan Stanley account without an order of the Court thereby being in violation of the September 27, 2016 Order, which allegedly requires that the funds of the Trust held by Morgan Stanley shall remain blocked until a further order ...

Excerpt: ...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). Neglect includes failure to assist in the provision of food and to protect from health and safety hazards. (CACI 3103, Welfare & Institutions Code § 15610.57). “Recklessness” refers to a subjective state of culpability greater than simple neglige...

Excerpt: ... the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. The Cou...