Excerpt: ...CCP Section 386 and Rutter's Guide to Civil Procedure Before Trial, Ch. 2‐F (2019) at 2:470. The fact that plaintiff, by virtue of an attorney lien, may have a right to a portion of the $25,000.00, does not mean that plaintiff can simply deduct the amount it believes it has a right to before interpleading the remaining funds. The amounts which plaintiff and each defendant are entitled to must be determined by the Court. ...

Excerpt: ...n is DENIED as to Issue No.'s 1, 2, and 4, and GRANTED as to Issue No. 3. Defendants' Request for Judicial Notice is granted. Plaintiffs' Evidentiary Objections are sustained as to objections no.'s 2, 5, 10, 49, 55, 56, and 57, and are otherwise overruled. Defendants' Evidentiary Objections are sustained as to objection no.'s 1 and 2 and overruled as to objection no.'s 3 – 11. Issue No. 1 – At the time when the subject accident occurred, defe...

Excerpt: ...arbitration, based on the U.S. Supreme Court's holding in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Therefore, the stay is lifted with regard to that portion of Plaintiff's PAGA claim and the motion is GRANTED in that respect. However, the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitration agreement appears to be an open question under California law. Th...

Excerpt: ...es/officers of the entity Plaintiff, counsel for Plaintiff, percipient witnesses on essential disputed issues, and non‐retained expert witnesses on behalf of Plaintiff, the Court has concluded that the informed‐consent exception contained in California Rule of Professional Conduct 3.7 is inapplicable under the circumstances, due to the risk of prejudice to the defendants and to the integrity of the judicial process. In reaching this conclusio...

Excerpt: ... for Admission, Set One, within the next ten (10) days. The Court explicitly finds that Plaintiff Pauline Doan's opposition to this motion to compel was unjustified. If Plaintiff is indeed incapacitated and unable to respond to discovery (a fact which was not established by the evidence Plaintiff submitted in opposition to the motion), it is Plaintiff's counsel's duty to determine how best to advance Plaintiff's claims herein. But if Plaintiff ch...

Excerpt: ...20 and 22, and sustained as to No.'s 18 and 21. The liability of the Dragon defendants is based on whether or not the Dragon defendants can be liable as successors in interest to Vantage Trailer, Inc. Plaintiff's Response to Defendants' UMF No. 3. Defendants have shown that no issues of material fact exist which support a successor in interest claim. The Agreement called for Vantage Trailers to sell certain assets to Dragon Products related to th...

Excerpt: ...e Court and found to be insufficient in connection with Cross‐Defendants' demurrers to the original and First Amended Cross‐Complaints. Additionally, the Court notes that the motion is procedurally deficient in that it fails to comply with the requirements of Cal. Rules of Court, Rule 3.1324. Lastly, Cross‐Complainants fail to explain the reason for the delay of over three years since the filing of the original cross‐complaint in April 20...

Excerpt: ... Inc. v. Moriana upon the Court's finding of a valid enforceable arbitration agreement between the parties. (Viking River Cruises Inc. v. Moriana (2022)142 S.Ct. 1906). Accordingly, Plaintiff's individual PAGA claim is hereby ordered to arbitration. However, the Court finds that the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitration agreement appears to be an open question...

Excerpt: ...ath, 4) negligent infliction of emotional distress, and 5) violation of patient's rights. Defendant's moving separate statement sets forth thirty‐nine (39) undisputed material facts (UMFs) – many of them repeated for each cause of action – focusing on two legal issues – first, that the Defendant met the applicable standard of care, and second, that Defendant did not cause the injuries Plaintiffs complain of in their complaint. Defendant a...

Excerpt: ...onally, reconsideration of the denial of a summary judgment motion cannot be sought on the 10‐ day notice period set forth in CCP Section 1008, because this would bypass the procedural protections of CCP Section 437c afforded to parties opposing summary judgment, such as the requirement of 75 days' notice. Torres v. Design Group Facility Solutions, Inc. (2020) 45 Cal. App. 5th 239, 243. Finally, the Court finds that it did not err in denying de...

Excerpt: ... GRANTED, and unopposed. Motions (a) – (b): The Court finds that each motion was properly noticed and timely served, that no opposition was filed by Plaintiff and that no responses were timely served by Plaintiff. Accordingly, Plaintiff is ordered to serve complete and verified responses, without objections, within fifteen (15) days of this Order. Motion (c): The Court finds that this motion was properly noticed and timely served, that no oppos...

Excerpt: ...state cannot bring suit on its own but must proceed through the appropriate trustee, executor, or administrator. (See, e.g. Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344.) Moreover, as to the claims based on the subject contract (deed of trust), the Homeowner's Bill of Rights, and the foreclosure sale, the individual plaintiffs have failed to allege sufficient facts demonstrating their capacity to assert these claims herein. As Plaintiffs ...

Excerpt: ...etween Plaintiffs and Central Valley Nissan that Defendant may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant. Proceedings herein are accordingly stayed pending completion of arbitration. Defendant's Request for Judicial Notice is GRANTED. The Court acknowledges that Defendant did not demand arbitration pursuant to code, however, resolving the motion based on this point would be a fruitless endea...

Excerpt: ...rovided. Therefore, the request for an order compelling the same is DENIED, as MOOT. With regard to the request for sanctions, however, it appears that Plaintiffs' failure to comply with the statutory provisions for responding to the subject discovery necessitated the instant motion and Plaintiffs have not demonstrated substantial justification for their failures in that regard. Therefore, the Court finds that Defendant is entitled to an award of...

Excerpt: ...e names of and information related to Defendant's former pupils and employees. Defendant's students are further protected from the disclosure of said information by the California Education Code §§ 49075 and 49077. Plaintiff's motion for further responses to Form Interrogatories, Set 1, is GRANTED as to 12.2, 12.3, 12.6, 12.7, 14.2 and 17.1, and DENIED as to 12.4 and 12.5 on the grounds of work product and attorney client privilege. Further, an...

Excerpt: ...ended Cross‐Complaint of Nirmal Singh and Ks Chandi; b) Defendants Nirmal Singh, Prabhjot Singh, Matthew Bradford, Marc Robinson & Robinson Bradford LLP's Special Demurrer to Causes of Action 1 Through 8; c) Plaintiffs Kevin Doan, Pauline Doan and Harpreet Dhaliwal's Motion to Quash Subpoena to First American Title – This is an action for corporate mismanagement brought by the majority shareholders against a corporate officer (and minority sh...

Excerpt: ...bridge's Further Responses Requests for Admissions, Set One and Request for Sanctions – GRANTED, in part; DENIED, in part, as MOOT. 1. The Court finds the substance of the dispute over Plaintiff's responses to be moot, based on Plaintiff's service of verified further responses herein. To the extent that Defendant believes such further responses remain insufficient, meet and confer efforts should be undertaken and Defendant may seek judicial int...

Excerpt: ...lure to meet and confer in good faith; Request for Monetary Sanctions in the Amount of $690.00; c) Plaintiff Doctors Medical Center of Modesto, Inc.'s Motion to Compel Further Responses from Defendant, Tiger Lines, LLC to Special Interrogatories, Requests for Admission, Requests for Production of Documents, and Form Interrogatories, Set One; Request for Monetary Sanctions in the Amount of $6,200.50 – DROPPED on the Court's own motion due to the...

Excerpt: ...he delegation clause require the arbitrator to determine which of the Plaintiffs' claims are arbitrable? With regard to the first issue, Defendant has established that decedent Olivia Deloach signed the arbitration agreement on February 13, 2020. The supplemental declarations of Cristina Lewis and Ashlee Gilliam, combined with the original declaration of Deanna Brummell, establish that the decedent's electronic signature was generated a) in the p...

Excerpt: ...tigate matters which pertain to the underlying Alameda County claims. Specifically, Intervenor cannot have a trial of any sort in this county in order to recover as a state representative under PAGA. This Court cannot – and will not – rule on those claims, or take any action which purports to interfere with Alameda County's jurisdiction. ...

Excerpt: ...ration, based on the U.S. Supreme Court's holding in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. The Court further notes that Plaintiff does not appear to oppose the application of Viking River Cruises, supra, with regard to the individual claim. Therefore, the motion is GRANTED in that respect. However, the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitrati...

Excerpt: ...d the Decedent Shirley Strickland while she received treatment from them. Further, Defendants' evidence establishes that a family practice physician and a physician's assistant cannot be held to the same standard of care as applicable to cardiology experts. The Court further finds that Defendants have established the absence of a triable issue of material fact regarding a crucial element of Plaintiff's medical malpractice claim against Defendants...

Excerpt: ...Chowdhury, which outlines a rule for out‐of‐ commission stoplights. In this case, there was a power outage whose breadth is disputed, but there is no means. Plaintiff has the burden to identify new facts that would cure the defect. The Opposition alleges that the only traffic signals that were inoperable were at the subject intersection but power was working for the other lights in the neighborhood and houses. Regardless of the accuracy of th...

Excerpt: ... same damages as the claim for breach of contract, with the result that no separate claim has been sufficiently stated. (See, e.g. Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1395.) Therefore, the demurrer is SUSTAINED with regard to this cause of action; however, the Court will grant Plaintiff leave to amend the pleading in this regard. With regard to the Third Cause of Action for Common Counts, the Court f...

Excerpt: ...eacted negatively because he has had difficult experiences with people who represent themselves. Petitioner goes to great lengths to disparage counsel both in his reply brief and in e‐mails. None of this assists. The Court does not have jurisdiction in this case to stop a party from being represented by the attorney of its choice. Petitioner is strongly advised in the future to make an administrative complaint about an attorney or not rather th...