Excerpt: ...ubstantial probability exists that the overriding -nterest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restri ctive means exist to achieve the overriding interest. The overriding interest here is the "highly confidential" and "commercially sensitive" information contained in the declarations filed by Mr. Hughes and Mr. Retsloff in support ofthe settlement negotiations between Plai...

Excerpt: ...12/29/23 at 8:30 am in Department 22 is ADVANCED and CONTINUED to 1/12/24 at 8:30 am in Department 22, to be heard concurrently with the motion to award costs. MOTION FOR NEW TRIAL: The Court will hear arguments on the following issues: 2. Special Verdict Form Responses re Vicarious Liability: The Court notes that Plaintiff failed to address this argument in his opposition. The Court would like to hear from the parties on this Issue. Damages Awar...

Excerpt: ...ff's Motion for Orders Compelling Responses to Requests for Admission Set One and Awarding Sanctons of $2,600.00 Against Defendants and Their Attorney of Record Michael Warda —GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to plaintiffs second set of form i...

Excerpt: ...rified that when — as is the case here - a petition challenges the disinheritance of a beneficiary from a trust, the petitioner has "limited stand-ng" to challenge the validity of the trust instrument which disinherited him. Therefore, the Court must first decide the "threshold issue" of the validity of the trust instrument which disinherited Petitioner here the Second Amendment to the Trust. If the trust amendment pursuant to which the benefic...

Excerpt: ... in its previous order of 10/4/23 warned Defendant that further failure to comply with the Court's orders could result in the imposition of more stringent sanctions up to and including terminating sanction. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., (2020), 56 Cal. App. 5th 771). Accordingly, Plaintiff's application for issue sanctions to be imposed against Defendant is hereby granted. The allegations of Plaintiffs complai...

Excerpt: ... for Admissions Set No. Admitted and Request for Order Awarding Monetary Sanctions Against Defendant— GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to Plaintiff's Request for Production of Documents, Set One, is granted pursuant to Code of Civil Procedure ...

Excerpt: ...Production of Documents; Request for Sanctons— GRANTED, and a) The Court finds that Plaintiff entirely failed to to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (Code Civ. Proc. S 2030.290(b).) The Court further finds that Defendants are entitled to an award of monetary sa...

Excerpt: ... the arbitration proceedings. The representative claims in the class action complaint are dismissed. Both the individual and representative portions of the PAGA complaint are stayed pending arbitration. a) Defendant contends that California law is pre-empted in these complaints by the Federal Arbitration Act ("FAA"). Plaintiff does not dispute Defendant's contention that it is engaged in interstate commerce within the meaning of the FAA and thus ...

Excerpt: ...dant Fulmer Pursuant to California EVIDENCE Code Section 1043 - GRANTED in part and DENIED in part. a) Plaintiffs' motion is GRANTED in part and DENIED in part. Plaintiffs' motion to compel responsesto the three questions set forth in the notice of motion and motion is GRANTED. Any issues, questions, or "matters of first impression" arising during the meet and confer process which occurred after the Court initially heard the Plaintiffs' motion an...

Excerpt: ...p.4th 118). The Court finds that Plaintiff, as the prevailing buyer under Code of Civil Procedure 51794 (d), is entitled to the award of reasonable attorney's fees incurred in the prosecution of Plaintiff's Song Beverly Act Claim herein. The Court also finds that the pre-engagement activity undertaken by Plaintiff's Counsel prior to signing Plaintiff on as a client is compensable. (Hogar Dulce Hogar v. Cmty. Dev. Com. of City of Escondido, (2007)...

Excerpt: ...pt sanctions. As to the discovery dispute, the Court intends to grant Plaintiff's remaining requests in full. Plaintiff's requests for the search terms seems entirely reasonable, and the other requests for responsive documents appears to have been met with non-responsive additions. The Court does not issue discovery sanctons in this case, as meet and confer efforts prior to the initial hearing date were insuffcient. Importantly, Defendant argues ...

Excerpt: ...ffs Eliseo Rivera, by and through his guardian ad litem Elvia Rivera and Elvia Rivera's First Cause of Action for Medical Malpractice fails because the care provided to Ms. Rivera by Memorial's nursing staff met the applicable standard of care include the following: Whether Defendant's nurses operated below the appropriate standard of care in failing to obtain an estimated fetal weight (E W) upon Plaintiff's admission to Defendant's hospital. (Pl...

Excerpt: ...tion of the application of the immunity provided in Civ. Code S 846 (UMFs 21, 24, 25 and Plaintiff's Additional Facts 33-38, 40, 43, 44), she has failed to meet her burden as to Defendant's actual or constructive notice of the allegedly dangerous condition and causation (UMF 9, 26-30). Therefore, the Court finds that Defendant is entitled to judgment in its favor on the grounds that Plaintiff cannot establish these elements of her cause of action...

Excerpt: ...6) 44 Cal.App.4th 194, the existence of a valid written contract renders invalid claims of unjust enrichment or implied-in-fact contract. Because of this, it is unclear which specific theory Plaintiff is electing. The Court finds that the pleading fails to allege conduct beyond the failure to pay the subject rebates as promised; therefore, the present allegations do not support the Cause of Action for Breach of the Implied Covenant of Good Faith ...

Excerpt: ... towards a finding of procedural unconscionability, may not by itself lead to a finding of procedural unconscionability. (Lane v. Francis Cap. Mgmt. LLC, (2014) 224 cal. App. 4th 676, citing Peng v. First Republic Bank (2013) 219 cal.App.4th 1452, 1472). The Court therefore finds, in combination with the voluntary nature of Plaintiff's signing of said arbitration agreement, and the prominent notice at the top of said arbitration agreement requiri...

Excerpt: ...ugh a fee request should generally be documented in detail, a judge may properly base a fee award on the attorney's declaration, in the absence of tme records and billing statements. (Cruz v Fusion Buffet, Inc. (2020) 57 cal.5th 221, 237; Bender v county ofLosAnge/es, (2013) 217 cal.4th at 987). The court considering an attorney's fee award may require a defendant to produce records sufficient to provide a proper basis for determining how much ti...

Excerpt: ...Sur-Reply below. Rulings on Defendants' objections: 2. 3. 4. OVERRULED. This is a bare assertion. SUSTAINED. OVERRULED. OVERRULED. The Court has two motions before it: One is styled as a Motion to Compel Defendants' Responses to Plaintiff's Special Interrogatories, Set One, and the other as a Motion to Compel Defendants' Responses to Plaintiff's Request for Documents, Set One, both filed October 18, 2023 (all dates are in 2023). Neither motion ha...

Excerpt: ...efendant's motion argues that it is not liable to indemnify Cross-Defendant Nicklaus Rey Siguenza because it is not liable to Plaintiff, the fact that the Court concludes Defendant's motion should be denied — with regard to both primary and alternative relief — dispenses with any need to rule directly on issues raised by Defendant's motion as it pertains to Cross-Defendant Siguenza. The Court believes the Plaintiff's evidence of "substantiall...

Excerpt: ...that Defendant's provision to Plaintiff of new admission paperwork and a new arbitration agreement for execution upon each occasion of Plaintiff's readmission to Almond Vista's facility, particularly after the 2016 arbitration agreement between the parties permits an inference that any previous arbitration agreement between the parties was accordingly revoked and or terminated. Accordingly, Plaintiff's refusal to sign the 3/14/19, 6/11/19, 2/12/2...

Excerpt: ...quest, itemize the deductions. The Court "shall" make whole Plaintiff and his counsel. The Court finds the rates cited as reasonable and notes that Plaintiff's counsel appears to have not contributed adversely to the substantial delay this case has suffered. This amount is to be paid within 30 days. The Court further issues a $750 penalty payable to the Court under Code Civ. Proc. S 473(c)(1)(A). This matter has taken more of the Court's time tha...

Excerpt: ...-8: OVERRULED. It is not entirely clear that these statements are based on direct knowledge, but the Court assumes they are. Objection 9: OVERRULED. The Court takes this as a statement of opinion. Objection 10: SUSTAINED. Plaintiff Bettencourt filed a Complaint in this action on July 6, 2021, alleging negligence by various defendants including Fletcher K and Escalera (UMF 1-2.). Plaintiff alleged that she tripped on a bush stump. (UMF 3). Fletche...

Excerpt: ... adjacent to Alcantar's property, and it is disputed whether Alcantar had responsibility for the sidewalk. After he was sued, it was determined that the insurance company was not paid via the accounts. As to the Third Cause of Acton for Negligence, Cenlar's strongest argument is the economic loss rule. But as noted in Southern California Gas Leak Cases (2019) 7 Cal. 5th 391, the primary exception to the general rule of no-recovery for negligently...

Excerpt: ... Court finds, upon the application of the factors listed in Tech-Bilt Inc. v Woodward-Clyde Associates, that Settling Defendants application demonstrates the good faith nature of the settlement between Plaintiffs and Settling Defendants. (Tech-Bilt Inc. v Woodward-Clyde Associates (1985) 38 Cal.3d 488, code of Civil Procedure SS 877, 877.6). The Court also finds that said settlement amount of settlement is within reasonable range of Settling Defe...

Excerpt: ...siness and Professions Code. Specifically, plaintiff has pled sufficient facts demonstrating a loss or deprivation of money or property sufficient to qualify as an injury in fact, i.e., economic injury, and that said economic injury was result of, i.e., caused by, the unfair business practice. (Cal. Bus. & Prof. Code S 17204, Prager Univ. v. Google LLC, (2022), 85 Cal. App. 5th 1022, review filed Jan. 17, 2023). Additionally, Plaintiff has allege...

Excerpt: ...sk Manager to "accept, negotiate, settle and pay general liability and worker's compensation claims up to" and respectively, whereas Plaintiffs claim notice was for The Court therefore finds that said Human Resources Director and Risk Manager were not authorized to reject Plaintiff's claim. The Court accordingly finds the rejection emanating from the City of Modesto dated 5/12/22 to be invalid and ineffective. Accordingly, Defendant's demurrer to...

Excerpt: ...nably entitled to $24,756 in attorney's fees, $3258.33 in costs and $760 in unpaid sanctions awarded by the Court on 3/8/23. (Nightingale v. Hyundai Motor America (1994) 31 cal.App.4th 99, 104) b) As a general rule, the Court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Danko v. O'Reilly (2014) 232 Cal. App. 4th 732, Cade Civ. Proc. S 187.) Furthermore, Code of Civil Procedure S 187 which g...

Excerpt: ...mages The Court grants the MS] on the following -ssues: Issue 5: Discrimination. Issue 6: Retaliation. PROCEDURAL ISSUES: The language and numbering of the issues is not exactly parallel in the notice of moton and the separate statement. As such, the Court has the discretion to deny the moton on that basis. The Court declines to do so. EVIDENTIARY ISSUES: Plaintiff's objections to Defendant's evidence: 1-3: Overruled. These objections go toward w...

Excerpt: ..., no such statement had been filed as ordered and the Court again re-issued the order to file the joint status statement and again continued the hearing to this date in order to determine compliance. (Minute Order of 10/3/23.) As of this posting, the Court's docket does not reflect that any such joint status statement has been filed and Plaintiffs moton has not been withdrawn nor has a notice of settlement been filed with the Court. Accordingly, ...

Excerpt: ...Viejo Emergency Medical Associates v. Beta Healthcare Group (2011) 197 Cal.App.4th 1146, 1153-1154.) The Court finds that Plaintiff has failed to demonstrate that the agreement should not be enforced herein. Specifically, Plaintiff has demonstrated only a slight degree of procedural unconscionability in connection with the adhesive nature of the agreement, and that alone is insufficient to render the agreement unenforceable. Plaintiffs arguments ...

Excerpt: ...bode" means the place defendant holds out as his or her principal residence and where he or she is most likely to receive actual notice. Zirbes u Stratton (1986) 187 cal.App.3d 1407, 1415-1417. In Zirbes v. Stratton the plaintiff left copies of the summons and complaint against Wife (i) at the restaurant she owned with estranged Husband (but she did not work there); and (ii) at her mother's home (listed as her residence on her drivers license). T...

Excerpt: ... or usual place of abode" means the place defendant holds out as his or her principal residence and where he or she is most likely to receive actual notice. Zirbes u Stratton (1986) 187 cal.App.3d 1407, 1415-1417. In Zirbes v. Stratton the plaintiff left copies of the summons and complaint against Wife (i) at the restaurant she owned with estranged Husband (but she did not work there); and (ii) at her mother's home (listed as her residence on her...

Excerpt: ...ategories and documents specified in Plaintiff's deposition notice. To the extent that the latter issues are raised bythe instant motion, the Court finds that the motion is premature. In addition, the papers demonstrate insufficient meet-and-confer efforts on those issues. With regard to the scheduling of the deposition itself, the Court notes that the defense has indicated a willingness to produce a qualified witness at a "mutually agreeable dat...

Excerpt: ...convenient Forum — a, b and c- DENIED. California favors contractual forum selection clauses so long as they are entered into freely and voluntarily, and their enforcement would not be unreasonable. (Smith, Valentino & Smith, Inc. v. Superior Court (1976) 17 Cal.3d 491, 496.) However, a forum selection clause will not be enforced if doing so would bring about a result contrary to the public policy of this state. (Smith, supra, at pp. 496-497; C...

Excerpt: ...ly. The Court finds that there is no excusable neglect, which is the only grounds cited in the Notice of Moton or Motion itself. Further, there was no Answer attached to the motion, which renders the Court without authority to proceed. The Court cannot rule on the motion effectively made in the reply brief without giving Plaintiff an opportunity to respond, which is one option. If Plaintiff elects to have the motion for mandatory relief heard wai...

Excerpt: ...cial Interrogatories, Plaintiff's instant application is now moot. The Court declines to impose monetary sanctions on grounds that Defendant's Counsel's calendaring error constitutes substantial justification for failingto respond to said Special Interrogatories. (Code of Civ. Proc. section 2023.030 (a)). b) GRANTED. The Court finds that Defendant has substantially complied with Plaintiff's propounded discovery. Further, that Defendant's failure ...

Excerpt: ... neurological examination." It then lists some issues the doctor will check and concludes that he will do other medically necessary tests. This is facially deficient. The Court considers the assertions raised first in the reply brief only to note that this still isn't sufficient. code Civ. Proc. SS 2032.220(c), 2032.320(d), and carpenter v. superior court (2006) 141 cal.App.4± 249, 260 outline the requirement to specify the procedures in detail,...

Excerpt: ...Court is unpersuaded that conversations prior to the filing of the complaint about the dispute are sufficient to give actual notice of the lawsuit. As Plaintiff concedes, the request for relief under S 473.5 is timely. Defendant asserts that he was not given actual notice despite multiple mailings and efforts to contact him. The assertion of lack of knowledge is unconditional. Sanctions are only available under S 473, and not S 473.5. In this cas...

Excerpt: ... are waived. (Code Civ. Proc. S 2031.3W(a).) Moreover, the Court finds that Plaintiff has not complied with the requirements for relief set forth in Code Civ. Prtw S 2031.3W(a). Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (CINIe Civ. Proc. S 2031.3w(b).) In addition, the Court finds that Defendant is entitled to an award of monetary sanctions in connection wit...

Excerpt: ...ourt also finds the unanimous rate of participation by class members to be a strong factor in approving this settlement. The Court also finds the awards to the Class Representatives and to the Class Members to be appropriate given all relevant factors of the Settlement. The Court also finds the attorney's fees to be comparable to the award of fees generally issued by California Courts. Therefore, the Class Class Representatives, and Class Counsel...

Excerpt: ... Mann v. Pacific Greyhound Lines (1949) 92 Cal.App.2d 439, 446. Continuances should be granted sparingly and only on a proper showing of good cause. County of San Bernardino v. Doria Mining & Engineering Corp. (1977) 72 Cal.App.3d 776, 781. "To ensure the prompt dispositon of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain." [CRC 3.1332(a); see also CRC 3.1332(c)—...

Excerpt: ...y in the notice of motion and be repeated, verbatim, in the separate statement of undisputed material facts." The issues as stated in the notce of motion and moton do not duplicate the issues set forth in the separate statement. Because they are different, Defendants did not have fair notice of which issues to address, and the Court is unclear on what issues it should be deciding. Assuming the issues as set forth in the separate statement are the...

Excerpt: ..., Defendant may reasonably be held to have exhibited a conscious disregard for the safety of others and thereby establishing the required malice element for Plaintiffs' claim for punitive damages herein. (Cal. Civ. Cade S 3294(c)(1), Kingv. U.S. Bank Nat'l Ass'n, (2020), 53 Cal. App. 5th 675, as modified on denial of reh'g (Aug. 24, 2020), Taylor v. Superior Ct., (1979) 24 Cal. 3d 890). Accordingly, Defendant's motion to strike is hereby denied...

Excerpt: ...inds that per said arbitration agreement, Plaintiff, as the party electing arbitration is entitled to choose between the American Arbitration Association (AAA), JAMS or any other reputable arbitration organization as the arbitration forum. The Court further finds that Plaintiff has elected the American Arbitration Association (AAA) as the arbitration forum for this dispute. Accordingly, Plaintiff's claims are ordered to arbitration with the Ameri...

Excerpt: ...ars to identify factual issues with regard to whether the defect at issue triggered the potential for liability under the notce provisions of Modesto Municipal Code S 7-1.304. (See, e.g. UMF 12, 13, 18, 23-25.) In addition, Defendants' evidence does not support the conclusion that the subject defect was trivial as a matter of law. (See, e.g. UMF 24.) Assuming arguendo that Defendants had met the initial burden of establishing prima facie entitlem...

Excerpt: ...nd Blanca Padilla's Motion to Deem Admitted the Truth of the Matters Asserted in Requests for Admissions; Request for Monetary Sanctions — GRANTED, and unopposed. (a) The Court finds that Plaintiff, Viorica Jerrick, entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection...

Excerpt: ...l — and some fail for clear reasons. The Court is also required to limit sanctions, if any, to those that will deter the behavior. In this case, the request for attorney fees was by statute or case law, and by a reasonable extension of case law. Nonetheless, the Court does not view it as the sort of abusive conduct it finds sanctionable (and I have, indeed, found conduct sanctionable, and have issued sanctions designed to deter the adverse cond...

Excerpt: ...and the California Judicial Canons all require the Court to treat trial dates as firm. With regret, the Court believes it has an affrmative obligation to grant the motion under these circumstances. The Court is not at all persuaded by Plaintiff's claim that this amendment could not have been effectuated earlier. But Higgins v. Del Faro (1981) 123 Cal.App.3d 558, 565 instructs that trial courts should be very liberal indeed as to allow-ng amendmen...

Excerpt: ..., 1287.4.) In that event, judgment shall be entered in the amount of $4,925 plus interest at 10% per annum from 3-23-23 to the date of judgment. (b) Preliminarily, the Court notes that the “trial” referenced in the instant mo
Ÿon appears to reference the hearing on Pe
Ÿ
Ÿoner's request to conÞrm the contractual arbitra
Ÿon award issued on 2-23-23. In addi
Ÿon, the Court notes that the hearing on the subject pe
Ÿ
Ÿon was previously con...

Excerpt: ...the statutory limits placed on motions for summary adjudication in this instance. Additionally, Plaintiff's previous motion for summary adjudication was denied on the merits— thus she is not entitled to a second bite at the apple. In determining the previous motion, the Court properly applied the statutory limits set forth in Section 437c and found that the issue on which the Plaintiff was attempting to secure summary adjudication would not com...

Excerpt: ...ural unconscionability and some degree of substantive unconscionability. The Court finds that the agreement at issue is unenforceable due to unconscionability. The Court finds that procedural unconscionability is shown by the fact this is a contract of adhesion, there is no claim that the terms were negotiable, and under either party's factual assertions, there was some requirement to sign and return the documents to be hired. The offer also expi...

Excerpt: ...ight to li
Ÿgate this ma
©er to the extent of Defendant Gary Lee Cooksey dba Cooksey Construc
Ÿon's “available” insurance proceeds – the Court Þnds that the ques
Ÿon of “availability” is not fully and fairly resolved such that the Court can approve the se
©lement as it currently stands. Here, the non-se
©ling party is arguably en
Ÿtled to conduct discovery in order to fully answer the ques
Ÿon of what insurance proceeds are “...

Excerpt: ...s wasn't accurate, and the Court ordered that the motion be immediately filed. Defense counsel indicated that the motion had already been prepared. The Court sanctioned counsel $750 to be paid to Plaintiff's counsel to pay for his time and efforts in appearing and going through two separate packets which did not contain points and authorities. The Court has discretion whether to accept the points and authorities, and uses that discretion to do so...

Excerpt: ...D, in part. a) The Court finds that Defendant failed to timely respond to Plaintiff's Requests for Production, Set One, propounded by Plaintiff on August 2, 2022, and further failed to comply with the Court's order of June 15, 2023, to produce all outstanding discovery. All objections to the requested discovery are hereby waived. Code of Civ. Proc. 52031.300(a)). Defendant is hereby ordered to produce all the requested documents within fifteen (1...

Excerpt: ...appearing Councils. (Corporations Code S6020(a). This would include any debt or liability attributable to any of the constituent Councils to said merger. Furthermore, a plaintiff could sue a dissolved corporation for damage or injury caused by the corporation's predissoluton activities even though the plaintiff sustained or discovered the damage or injury after the corporation had dissolved. (Penasquitos, Inc. v. Superior Court, (1991) 53 Cal.3d ...

Excerpt: ...in Department 23; With regard to Special Interrogatories 1, 4, 14, and 16, the Court finds that Defendant has provided Code-compliant responses and no further responses are required. With regard to Special Interrogatories 18 and 19, however, the Court is inclined to find that Defendant is entitled to the requested discovery, provided that the responsive information can be limited to avoid the disclosure of personal identifying information of non-...

Excerpt: ...t was not a condition of Plaintiff's employment. The Court further finds, in combination with the voluntary nature of Plaintiff's signing of said arbitration agreement and the PAGA opt-out clause, that said arbitration agreement exhibits a low degree of procedural unconscionability. (Kinney v. United Healthcare Servs., Inc. (1999) 70 Cal. App. 4th 1322, 1329.) The Court also finds that any elements of substantive unconscionability that may exist ...

Excerpt: ...ood faith meet and confer herein. As set forth in Plaintiffs' counsel's reply in support of the motions, Defendant has served supplemental responses to the Plaintiffs' Requests for Production of Documents, Set One, and Plaintiffs anticipate "meeting and conferring on these issues." Counsel are encouraged to engage in substantive meet and confer efforts prior to the next hearing date and are reminded that civil discovery is intended to be self-exe...

Excerpt: ...-Acute Healthcare Center of Modesto and Plaintiff Marcus Nichols. (Souza v. Westlands Water Dist., (2005) 135 Cal. App. 4th 879) The Court further finds that although a party to a contract may rescind a contract if the consent of the party rescinding was given by fraud, when the rights of others have intervened and circumstances have so far changed that rescission may not be decreed without injury to those parties and their rights, rescission wil...

Excerpt: ... December 2019, been put on inquiry, if not actual notice, of defects with her vehicle for her cause of achon for fraudulent concealment to have accrued so as to begin the tolling of the three year statute of limitations on her claim for fraudulent concealment. (Cal. Civ. Proc. Code S 338). The Court therefore finds that Plaintiff's cause of action, which was first filed on January 23, 2023, is time barred. The Court also finds that Plaintiff's c...

Excerpt: ...ponses are confusing and fail to identify whether Plaintiff possesses any materials responsive to the subject requests. Moreover, with regard to the asserted objections, the responses fail to identify the materials subject to the same and fail to provide sufficient information (or a privilege log) for the defense's use in determining whether the claimed privileges apply. Lastly, the responses fall to prov-de adequate support for Plaintiff's claim...

Excerpt: ...art, unopposed; c) Plaintiff Douglass Montgomery's Motion to Compel Responses to Request for Production of Documents, Set One from Defendant Animal Health International, Inc., and Request for Monetary Sanctions — a) The Court finds that Defendant has failed entirely to timely respond to Plaintiff's Request for Form Interrogatories, Set One, propounded on 5/8/23. Therefore, all objections to same are accordingly waived. Plaintiff is therefore en...

Excerpt: ...a Diaz v. General Motors LLC: "This Court once again reminds the Erskine Law Group, Inc. not to cite to unpublished Superior Court cases. (T8G Ins. Service Corp. v. Superior Court (2CM) 96 Cal.App.4th 443, 447, fn2.) Further reminders will come with sanctions." This further reminder comes from an opposition filed three weeks later. The Court suggests that counsel take a stronger interest in the rules governing attorney conduct. The Erskine Law Gr...

Excerpt: ...ute a conflict. (End disclosure). Prior contnuance: The Court begins by noting that at the ex parte hearing on June 8, 2023, continuing the then-set trial date to October, Plaintiffs' counsel agreed with the assertion that liability was and remains a serious issue. Further, at that hearing, all parties represented that the primary delay issue was mediation and that the Court's delayed ruling on the Motion for Summary Judgment contributed to the d...

Excerpt: ...on of the LICL; a First Amended complaint adding a PAGA claim was filed shortly afterward. The subject settlement agreement and proposed notice are attached as exhibits to Attorney Bokhour's declaration in support of the motion herein. The motion is also supported by a declaration from Attorney Falakassa (primarily as to the experience of class counsel and reasonableness of the charged fees) and by a declaration from the representative plaintiff,...

Excerpt: ...e that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible to prove negligence or other wrongdoing" l; Bell v. Bayerische Motoren Werke Aktiengesellschaft (2010) 181 Cal.App.4th 1108 [Evidence that a person was insured against liability for another person's injury is irrelevant to both the question of liability and the amount of damages for neglige...

Excerpt: ...itatons to Superior Court cases are not permitted. (TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, fn2.) There are good reasons for this rule; the Court does not have access to every trial court ruling, and cherry-picking is unhelpful. Further, I have an ethical obligation to be an independent jurist." Despite being aware of this rule, Plaintiff chose to file a brief that re-argued that this court should consider other t...

Excerpt: ...aintiff's argument that the communications regarding the multiple extensions of time afforded Defendant established Defendant's waiver of objections is not correct; none included an express waiver. (Code Civ. Proc., S 2031.270(c).) Plaintiff's further argument that the initial, objections-only response were tantamount to no response because these were unverified is also incorrect; objections only need be signed by counsel. (Code Civ. Proc., S 203...

Excerpt: ...anted. Responses shall be provided within fifteen (15) days. The request for monetary discovery sanctions is denied without prejudice. The Court finds that a good faith argument regarding the private and/or confidential nature of the discovery sought renders the imposition of discovery sanctions unjust. That said, this is the second motion to compel that Plaintiff's were required to bring and discovery is designed to be self-executing. Repeated d...

Excerpt: ...rapy was unnecessary. As to harm, Dr. Schmidt at paragraph 20 asserts as follows: "Ms. McCoy's harm from the administration of neoadjuvant chemotherapy/radiation therapy included incontinence, fatigue, and depression. She claims also to spend at least 4 hours per day on the toilet with diarrhea. None of these conditions she claims to have had prior to being administered the chemotherapy/radiation therapy, according her declaration and these condi...

Excerpt: ...ant Second Amended Complaint, which eliminated the Sixth and Seventh Causes of Acton from the pleading altogether. Therefore, the instant demurrer attacks causes of action to which the defense's previous demurrer was overruled, purportedly on the "new" ground that Plaintiff fails to sufficiently allege exhaustion of administrative remedies, as is required prior to bringing claims based on FEHA. This argument was raised in Defendant's reply brief ...

Excerpt: ...to Police Report No. 90-30042, are necessary and have substantial relevance to the legitimate need of Defendant to defend this action and Plaintiff to prosecute same. (CA ST FAM JUV Rule 5.552 (d)). The court hereby issues a protective order accompanying this authorized disclosure, discovery, or access according to the terms of the parties' proposed protective order. (CA ST FAM JUV Rule 5.552 (d)(8)). b) GRANTED. A record must not be filed under ...

Excerpt: ...ration is that Plaintiff is worried about Defendants' financial stabil-ty. There is no indication that Defendant is in a precarious financial situation or has refused without explanation to pay a disputed claim. To support a writ of attachment Plaintiff needs to allege more than that Defendant owes it money and hasn't paid Plaintiff should submit evidence of Defendant's "past dishonesty, failure to meet obligations, or concealment of assets." Wes...

Excerpt: ...al Interrogatories (Set One) on 12/12/22. Defendant's Moton to Compel Plaintiff's Responses to Special Interrogatories (Set One), is hereby granted. Defendant is accordingly hereby deemed to have waived all objections to same including those based on privilege and work product. (Cal. Civ Proc. 52030.290 (a)). Plaintiff is hereby ordered to provide full, complete, and verified responses to said Special Interrogatories, (Set One) without objections...

Excerpt: ...nd Second Amended Complaint to prevent the application of the Sham Pleading Doctrine against her. The Court therefore disregards the inconsistent allegations in Plaintiff's First and Second Amended Complaints. (Larson v. UHS of Rancho Springs, Inc., (2014) 230 cal. App. 4th 336, 343-344). The Court finds that even if said Sham Pleading Doctrine were not applicable, Plaintiff discovered, or through the use of reasonable diligence should have disco...

Excerpt: ...days of the Court's order. The responses shall conÞrm that Pe
Ÿ
Ÿoner will produce all non-privileged documents responsive to Respondent's demands that are in his possession, custody, or control. Pe
Ÿ
Ÿoner shall also produce all non-privileged documents responsive to Respondent's Demand for Produc
Ÿon of Documents Nos. 1-25 and 27-46 that are in his possession, custody, or control within ten (10) days of the Court's order. Pe
Ÿ
Ÿoner sha...

Excerpt: ...pre-emptive blanket order based on claims of attorney client privilege and or work product privilege. (Cal Code of Civ. Proc.S 2054.420, Nativi v. Deutsche Bank National Trust Co. (2014) Cal.App.4th 261, review denied). Accordingly, Plaintiff may proceed with the noticed depositions of Ms. Tudor and Mr. Kouba. Defendant may make any objections it deems necessary during said deposition. The Court declines to prohibit discovery of the documents req...

Excerpt: ... of litigation." (Hernandez v. City of Stockton, (2023) 90 Cal. App. 5th 1222, 1231) The Court also finds that a government tort claim need not contain the detail and specificity required of a pleading, but need only fairly describe what the entity is alleged to have done; the claims statute should not be applied to snare the unwary where its purpose has been satisfied. (Stockett v. Association of California Water Agencies Joint Powers Ins. Autho...

Excerpt: ...When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order and based upon new or different facts, circumstances, or law make application to the same judge or court that made the order, to reconsider the matter and modify, amend, re...

Excerpt: ...te of judicial judgment. (See, e.g. Britz, Inc. v. Alfa-Laval Food & Dairy Co. (1995) 34 Cal.App.4th 1085, 1106– 1107.) Moreover, the Court Þnds that Pe
Ÿ
Ÿoners have demonstrated their en
Ÿtlement to recover costs in the amount of $17,140, represen
Ÿng the a
©orney's fees awarded by the arbitrator and the Þling fees incurred in connec
Ÿon with this ac
Ÿon. However, the Court lacks power to award arbitra
Ÿon costs that should have bee...

Excerpt: ...nds that the papers demonstrate insufficient meet-and-confer efforts prior to submission of the instant motion. For example, it appears that the defense has proposed a stipulated protective order which would arguably permit the production of several of the items in dispute. Therefore, the Court has concluded that the parties have not yet exhausted the potential for them to further narrow and/or resolve the issues presented herein with the pursuit...

Excerpt: ...6 Cal.App.4th 443, 447, fn2.) There are good reasons for this rule; the Court does not have access to every trial court ruling, and cherry-picking is unhelpful. Further, I have an ethical obligation to be an independent jurist. FACTUAL SUMMARY A separate case filed on November 14, 2019 by Brianna Dennis in Santa Clara Superior Court involved the same Defendant and similar issues. This case was filed on June 22, 2020. Ross answered on July 23, 202...

Excerpt: ... that the payment to the Class Representative and to the Class Members to be appropriate given all relevant factors of the settlement. The Court also finds the attorney's fees to be comparable to the award of fees generally issued by California Courts. The Court hereby grants final approval of the Class Acton Settlement herein. The class counsel, class representative and claims administrator are hereby approved and appointed as set forth in the m...

Excerpt: ...e to Mr. Broderick-villa's supplemental declaration on August 4, 2023. The Court has decided to consider Mr. Broderick-villa's supplemental declaration because Mr. Eighmey has had time to file a responsive pleading on the merits and because the Court wishes to rule on the merits. Ms. Vega claims that Strategic Legal Group's fees are being paid by adverse party Miguel Duran Jr., which constitutes a violation of California Rule of Professional Cond...

Excerpt: ...1, 2022, or January 1, 2023, and the action was filed on January 11, 2023. Defendant is mistaken as to the time when the action was filed. The Complaint, naming only Doe's, was filed on December 19, 2022, which was within the three-year statutory revival period as set forth in 340.1(q). Ten days later, on December 29, 2022, the Certificate of Merit required by Code Civ. Proc. section 340.1(g)(3) was filed, which was well within the 50 days allowe...

Excerpt: ...ication for an order has been made to a judge, or to a court, and granted ...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The Motion does not comply with Code Civ. Proc. secton...

Excerpt: ...sition of liability. The traditional elements of duty, breach of duty, causation, and damages apply. (6 Witkin, Summary of Cal. Law (9th ed. 1988) Torts, S 838, p. 195, Marlene F. v. Affiliated Psychiatric Med. Clinic, Inc., (1989) 48 cal. 3d 583, 588). The Court finds that a cause of action for Negligent Infliction of Emotional Distress does not exist in this Damages for severe emotional distress, rather, are recoverable in a negligence action w...

Excerpt: ...rt (Cole National Corp.) (2004) 122 Cal.App.4± 1060, 1078.) Plaintiffs' generic reference to the "State of California" does not provide sufficient information to put the relevant agency or department on notce of the claim(s) against it herein. Moreover, Plaintiffs' argument in opposition, i.e., that the subject property is designated as "open irrigated land" under the California Land Conservation Act, appears insufficient to support the purporte...

Excerpt: ...and conditions set forth therein and the Gross Settlement Amount and the allocation of payments. The proposed settlement terms are as follows: (1) Gross Settlement Amount of $480,000.00; (2) Attorney's Fees of $160,000.00 (1/3 of the Gross Settlement Amount) and costs of up to $10,000.00; (3) Settlement administration costs of approximately $10,500.00; (4) $10,000.00 allocated for PAGA Penalties under the Private Attorney General Acton of 2004 ("...

Excerpt: ...mpetent expert testimony that they acted at all times within the applicable standard of care. Ko Declaration, paragraphs 5 — 11; and Monjazeb Declaration, paragraphs 6 — 11. This expert testimony is sufficient to shift the burden under Code Civ. Proc. section 437c(p)(2) to plaintiffs to provide evidence of breach of the standard of care. Causation must be proven within a reasonable medical probability based on competent expert testimony. Broo...

Excerpt: ...oot as to him. The Court anticipates that the motion as to Aurora is not being pursued given the opportunity afforded to speak to her on August 9. Under Code Civ. Proc. S 2024.020, any party shall be entitled as a matter of right to complete discovery proceedings on or before the day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial, and except as provided in S 2024.050, a continuan...

Excerpt: ...s not prejudiced by said service. In the interests of equity, the Court holds such service valid. The Court finds that AB 218 (Code of Civil Procedure S 340.1) expressly exempts Plaintiff from complying with the claims presentation requirement of Government Code S 905. The Court further finds that AB 218 does not constitute an unconstitutional gift or appropriation of public funds, to the benefit of particular individuals based on an exception to...

Excerpt: ...s Inc. to Provide Responses to Special Interrogatories, and for an Award of Monetary Sanctions Against Defendant and Attorney; d) Plaintiff's Motion to Compel Defendant Brunk Industries Inc. to Provide Responses for Production of Documents, and for an Award of Monetary Sanctions Against Defendant and Attorney (a) GRANTED, unopposed. The Court finds that Defendant has entirely failed to respond to Plaintiff's Request for Form Interrogatories, (Gen...

Excerpt: ... with Cal. Rules of Ct., rule 3.769(c). The class counsel, class representatives, and claims administrator are hereby preliminarily approved and appointed as set forth in the motion. However, the Court is not convinced that the proposed payment structure for enhancement payments to the representative plaintiffs is justified; specifically, the Court does not believe that the moving papers and supporting evidence support the proposed award of $18,5...

Excerpt: ... newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. Defendant claims that since the first motion for summary judgment was filed, new facts have emerged which show that Mr. Amin did not exercise control over phases of the construction of the building, and the Court of Appeal has established a new standard for constructive notice of dangerous defects. However, the "newly disco...

Excerpt: ...ntiff regarding the sums claimed in respect of Agreement Nos. 4368/4193 and the total sum due on said agreements, the Court is inclined to GRANT the application on the basis that Plaintiff has established the requirements for issuance of a writ of possession and a turn over order against Defendant, subject to the filing of an undertaking. (Code Civ. Proc. 5512.060.) With regard to the issue of valuation as it pertains to the amount of the underta...

Excerpt: ...d not dispute the amount in either its opposition or its response to the separate statement. (See UMF's 44-45) As such, the Court is mandated to grant the motion. The Court orders Plaintiff to prepare an amended order consistent with this ruling. The Court also adopts its prior tentative ruling, as follows: Defendants do not dispute that the loan, lease and guaranty agreements were entered into or that the defendants have not fulfilled their obli...

Excerpt: ...340.1 (a)(2) in respect of Plaintiff's alleged claims of sexual abuse by Defendants Calvin and William Shook that occurred after Plaintiff's alleged first report of sexual abuse to Defendant made around 1995 or thereabouts. Accordingly, Defendant's Demurrer to Plaintiff's Third and Fourth Causes of Action are hereby overruled. The Court further finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter...

Excerpt: ...rties to the marriage, and the Family Code does not address real property disputes involving third parties, as does this dispute. Therefore, a declaratory relief cause of achon involving not only the parties to the marriage but also a third party is properly before this Court. The Fourth Cause of Action for Breach of Fiduciary Duty This cause of action is asserted against Adam Vanderpool, but not Diane Neufeld. Family Code section 1101(a) provide...

Excerpt: ...rs, including, but not limited to, appointment notices, diagnoses, doctor's notes, bills, and correspondence, for pur physical, mental damage or emotional distress, since January 1, 2012. RFP No. 43 — For the health care practitioners identified in Interrogatory No. 5, a fully executed HIPAA Authorization for Release of Medical, Psychiatric, and/or Psychological Records, by you for all medical and associated billing records for visits and treat...

Excerpt: ...in their favor. Specifically, the express language of the Property Management Agreement dictates that the contractual terms were effective at the time of Plaintiff's injury. (See, e.g., UMF 8.) In interpreting an express indemnity agreement, the courts look first to the words of the contract to determine the intended scope of the indemnity agreement. (Centex Golden const. co. v. Dale Tile co. (2000) 78 cal.App.4th 992, 996-997, citation omitted.)...