Excerpt: ...rial fact on the issue of whether Defendant/Cross Defendant, California Materials Inc., has an express contractual duty to defend Teichert Construction, and by extension CALTRANS, against the claims being asserted in this action in Plaintiff's Second Amended Complaint. (Code of Civil Procedure §437c(f)(1), Code of Civil Procedure, §§ 2772 & 2778. In the absence of any opposition by Defendant, California Materials Inc., the Court finds that no ...

Excerpt: ...on within 10 days after service of entry of the order granting relief from dismissal, pursuant to CCP Section 1008, instead of a demurrer. However, the Court is not limited to the restrictions of CCP Section 1008 but can reconsider its own rulings sua sponte. The language [of Section 1008] chosen by the Legislature strongly suggests it intended to restrict the actions of parties in bringing motions to reconsider, but did not contemplate restricti...

Excerpt: ...public sale of the Mobilehome. The Court enters judgment in the amount of $5,279.00 plus costs of $225.00, for a total judgment of $5,504.00 in favor of petitioner Country Western Mobile Home and RV Park LLC and against respondents Jerry Elmore, Gloria Keeney, Thomas Snow, and Neoma Snow, jointly and severally. Petitioner will be awarded attorney's fees according to proof submitted at the hearing. Petitioner has satisfied the requirements of Civi...

Excerpt: ...case involving some of the same issues and potential class members as this case. No classes have been certified in any related case. This case does not have a PAGA action, but the federal case and a related state case do. This is a question of permissive intervention. With regard to permissive intervention “the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been f...

Excerpt: ...aken against a party based on mistake, inadvertence, surprise, or excusable neglect. The pertinent provisions of the statute provide as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied b...

Excerpt: ...l Defendant to Provide Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED; d) Plaintiff's Motion to Compel Defendant to Provide Written Responses and Documents to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED. a‐c) The Court finds that the requests were properly elect...

Excerpt: ...s, orders, or other proceedings based on mistake, inadvertence, surprise or excusable neglect. The pertinent statutory language is as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by ...

Excerpt: ...lidate must list all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record, contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first, and be filed in each case sought to be consolidated. The notice of motion does not list the caption of the two cases with the lowest numbered case listed first, and the notice of motion has not been f...

Excerpt: ...6‐ 31) and Defendant's Knowledge of Similar Defects (RFPs 32‐37). Plaintiffs' motion asks for further responses to RFPs 17‐33, 36, and 37, though the motion does not engage in a great deal of differentiation. Plaintiffs leave out crucial details in their motion. First, they contend that on October 12, (all dates are in 2022) “Defendant failed to produce a single responsive document requested,” which appeared to apply to all 37 requests....

Excerpt: ...compliant meal and rest periods and associated premiums, failed to pay timely wages during employment and upon termination of employment, failed to provide complete and accurate itemized wage statements, failed to keep complete and accurate payroll records, and failed to reimburse necessary business‐related expenses and costs. PROCEDURAL POSTURE: On March 29, 2022, the parties participated in a mediation, and the parties ultimately reached a se...

Excerpt: ...led for divorce in the Family Law case in April, 2017. A default was taken and set aside, and litigation commenced in earnest in April, 2019. After substantial litigation the parties, their attorneys, and the family law judge signed a stipulation and order which said, in part, as follows: With regard to the real property located at [address], Respondent does not seek any remedies in this action, under the California Family Code, and does not seek...

Excerpt: ...tillo, Moriarty, Tran and Robinson – a) The Court finds that Plaintiff may elect to have her deposition held remotely. Further, any party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code § 2025.310). The Court further finds that due to Plaintiff's use of oxygen, her general health, her doctor's recommendations for a remote deposition to preserve her health as well as the Execut...

Excerpt: ...e assertion that on November 15, 2021 the matter was set for a case management conference on May 24, 2022, which is inaccurate. 4. The assertion that “on May 13, 2022, a Request to Continue the Case Management Conference was made, due to [an] ongoing trial.” This appears disingenuous. Counsel is and was aware he did not pay filing fees for that request and it was not clerically processed on those grounds. This does not make the Court optimist...

Excerpt: ...intiff, and administration costs of $25,000.00 to the settlement administrator Simpluris, Inc., thus leaving a net settlement fund of $1,237,209.00. The average estimated individual settlement share is $337.26, and the highest estimated individual settlement share is $9,185.13. Simpluris Declaration, paragraph 10. The settlement approval in class action settlements requires three distinct steps: (1) Preliminary Approval of the proposed settlement...

Excerpt: ...Court further finds that no meet and confer was required between the parties where, at the time of filing the motion, no responses had been provided by Plaintiff/Cross Defendant. (See Dmyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395; St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 777‐778). Since the filing and service of the instant motion Plaintiff/Cross Defendant has filed and served Responses to said Request for...

Excerpt: ...sition to the Motion for Summary Judgment/Adjudication: 1. Lewis declaration, paragraph 25: Sustained, hearsay. 2. Lewis declaration, paragraph 27: Overruled, relevant to the effect on the listener. 3. Price declaration, paragraph 22: Sustained, hearsay. 4. Price declaration, paragraph 24: Overruled, relevant to the effect on the listener. 5. Sustained. 6. Sustained. 7. Overruled. The Court will consider the late‐filed declaration. This case wa...

Excerpt: ...embers so noticed. Based on the Petition and the Declaration of Ron Clark, the Court has weighed all the factors required to grant the relief requested and finds the revised CC&R's to be reasonable and all factors sufficiently met. (Civ. Code, § 4275(c)(1)‐(6)) In Fourth La Costa Condominium Owners Assn. v. Seith (2008) 159 Cal.App.4th 563, the Court found that the predecessor statute to section 4275 was designed to assist homeowners' associat...

Excerpt: ...l originated from Plaintiff's work as an anesthesiologist with Memorial Medical Center. The Court also finds that Plaintiff's employment with Memorial Medical Center is so interwoven with his employment contract with Gould Medical Group that Plaintiff cannot be reinstated with Memorial Medical Center without being reinstated with Gould Medical Group. Accordingly, the Court finds that Plaintiff's claim for reinstatement with Gould Medical Group is...

Excerpt: ...has failed to meet his burden in this regard. Specifically, Plaintiff has failed to demonstrate the existence of a material factual dispute with regard to (1) his independent contractor status as defined by the factors set forth in Labor Code §2750.5, or (2) Defendant's alleged retained control over the work. Therefore the Court finds that Defendant has established the absence of liability for Plaintiff's claimed injuries in this context as a ma...

Excerpt: ... substance of the objection, and whether the objection relates specifically only to allegations made in the supplement. In fact, respondent does not indicate when the supplement was even filed. It appears that no actual “supplement” was filed. An attorney declaration was filed on March 16, 2022, attaching Exhibits A through D, which were missing from the original petition. The objection is as to several paragraphs of the “supplement” (i.e...

Excerpt: ...y Process – DENIED; c) Defendant City of Oakdale's Motion to Compel Responses and Further Responses to Plaintiff Fernando Jaquez's Responses to Special Interrogatories, Set One; Motion for Monetary Sanctions for Misuse of the Discovery Process – DENIED; d) Defendant City of Oakdale's Motion to Compel Further Responses to Plaintiff Fernando Jaquez's Responses to Request for Admissions, Set One; Motion for Monetary Sanctions for Misuse of the D...

Excerpt: ...inancial information is only discoverable when such information is directly relevant to the issues of the ongoing litigation or essential to the fair resolution of the lawsuit. Britt v. Superior Court (1978) 20 Cal. 3d 844, 859. Specifically, as to Special Interrogatories 87 – 119, Requests for Admission 14 and 15, and Requests for Production 51 – 59, which concern loans between Moody and the Sandhu defendants, this information is not directl...

Excerpt: ...A motion for judgment on the pleadings has the same function as a general demurrer but can be made after the time for demurrer has expired. Pursuant to CCP Section 439, before filing a motion for judgment on the pleadings the moving party shall meet and confer with the party who filed the pleading for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion. Defense counsel has shown that he me...

Excerpt: ...cks standing, he cannot state a claim for violation of the Act, and therefore granting Plaintiffs the ability to amend the complaint would be futile. Initially, the Court notes that it GRANTS Defendant's request for judicial notice of the Retail Instalment Sales Contract (RISC) and vehicle registration card in this matter. Plaintiffs did not oppose the Defendant's request for judicial notice and the RISC, most importantly, establishes that Plaint...

Excerpt: ...erplate is one non‐frivolous contention: that the declarations contain insufficient foundational basis for the attached exhibits. However, the declarants aver familiarity with the subjects of the declarations, including how the systems work, which is sufficient. Plaintiff alleges that she would not have entered the arbitration agreement with Lyft had she known, and does not think that she actually did. To the contrary, Lyft provides evidence th...