Excerpt: ...m . The original complaint contained allegations that there were written agreements via email. The new complaint describes the agreement as oral with supporting emails, which are not attached. Counsel is bound by the prior allegation that this is a w r it t e n a g r eement. ( Deveny v. Entropin, Inc . (2006) 139 Cal.App. 4 th 408.) Thus, the terms of the written agreement must be included in the complaint . There is no pleading of what the actua...

Excerpt: ...n d CO N TIN U ED in p a r t a s follows. a) P la in t if f 's m o t io n is GRANTED in part, DENIED in part and CONTINUED in part as follows. Th e Co u r t D EN IES Plaintiff's request for terminating sanctions at t h is t im e . However, the Court hereby O RD ERS Defendant to comply with its November 22, 2023, order compelling responses to the Plaintiff's Requests for Ad m is s io n o n o r b e f o r e Ap r il 1 6 , 2 0 2 4 , o r f a c e t e r ...

Excerpt: ...nt to be the prevailing party under the attorneys' fees provisions contained in the subject contracts. (Civ. Code § 1717.) Since the instant lawsuit involves adjudication of claims based on multiple, independent contracts, Civ. Code § 1717 requires the determination of a prevailing party as to each contract, without reference to which party prevails in the lawsuit as a whole. (See, e.g. Arntz v. St. Paul Fire & Marine Insurance Co. (1996) 47 Ca...

Excerpt: ... . (a ) The Court finds that Plaintiff entirely failed to respond to the subject discovery a n d a ll o b je c t io n s a r e w a iv e d . (Code Civ. Proc. § 2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without ob jection, within 14 days. (Code Civ. Proc. § 2030.290(b). ) The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this ...

Excerpt: ...leged statutory and civil penalties concern various wage and hour claims, including meal and rest period violations, minimum and overtime wage violations, wage -statement violations, failure to timely pay wages during employment and at t e r m in a t io n , f a ilure to maintain accurate wage statements, failure to reimburse business expenses, failure to disclose material terms at the time of hire, a UCL claim and a claim for PAGA penalties. The ...

Excerpt: ...s t a g e , d is p o s it ive . P la in t if f 's complaint engages in what some courts call “shotgun pleading,” in which the specific actions of each defendant are poorly defined. Determining the potential lia b ilit y o f M EB Loan Trust VI and Specialized Loan Servicing requires some additional detail to assist the parties and the Court. The failure to outline which Defendants are liable under which theories is untenable . Whether lack of ...

Excerpt: ...hen shifts t o Cross-Complainant to demonstrate the probability that she will prevail on the merits of the subject cause of action as it relates to the protected activity. The Court finds that the application of the litigation privilege prevents Cross- Complainant from relying on the filing of the instant action as the basis for her breach of contract claim; therefore, she is unable to meet her burden on the instant motion. As a result, the Court...

Excerpt: ...ed in the opposition, the motion is DENIED . First, there is no separate statement as required by rule 3.1345(a)(2) of the California Rules of Court. The failure to file a separate statement is in and of itself sufficient grounds to deny the motion. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 n.14; cf. Mills v. U.S. Ba nk (2008) 166 Cal.App.4th 871, 893. ) Second, the supporting decla...

Excerpt: ...s. The Court therefore GRANTS the preliminary injunction on t h e f o llo w in g c o n d it io n s : 1. P la in t if f is o n n o t ic e t h a t it s o n ly p r iv ile g e is f o r in g r e s s a n d e g r e s s o n t o it s own lands. The Court clarifies that this means Plaintiff's members may NOT cross Defendants' land in order to access current BLM lands. Plaintiff is charged with ensuring its members understand that whatever hunting and o t h...

Excerpt: ...eiro and Darlene Marie Ribeiro, located at 3951 Davis Avenue in Modesto, County of Stanislaus, by eminent domain for the construction of its planned State Route 108/ North County Corridor Phase 1 Project for the public benefit and for all uses necessary, incidental, and convenient thereto pursuant to Code of Civil Procedure section 1255.410 . The Court further finds Plaintiff has, based on an appraisal, deposited the sum of $87,700.00 into the St...

Excerpt: ...int are subject to the 2 -ye ar lim it a t io n s p e r io d s e t f o r t h in Co d e Civ . P r o c . § 3 3 5 .1 . As the action was filed outside that period, it is time -barre d. Plaintiff contends that she has adequately pleaded late discovery because she did not know how she had been injured until the BBS reports and findings issued in November 2022 . “In order to rely on the discovery rule for delayed accrual of a cause of action, ‘[a]...

Excerpt: ...satisfaction of the Court, the class is certified for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). Th e class counsel, class representative, and claims administrator are hereby p r e lim in a r ily a p p r oved and appointed as set forth in the motion. The Court sets the following deadlines relative to this matter: 3-26 - 24 Defendant shall provide Class List and Data Report to Administrator 4-5-24 Administrator s...

Excerpt: ...o have a contractual duty to defend M id -Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connection with Commercial Specialty Inc.'s work on the property located at 2600 Spengler Way, Turlock Ca lif o r n ia , except “to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontracto...

Excerpt: ... litigation privilege of Civil Code §47 and §425.16 . (Brown v. Dep't of Corr ., (2005) 132 Cal. App. 4th 520; Briggs v. Ede n Council for Hope & Opportunity (1991) 19 Cal 4 th 1106 115. The Court further finds that Plaintiffs have not demonstrated the probability that they will prevail on the merits of their alleged causes of action. The Court finds that Plaintiffs have failed to meet their burden particularly as there is no evidence that ...

Excerpt: ...a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide answers, without obj ection, to the subject discovery within 30 days. (Co d e Civ. Proc. § 2030.290(b). ) The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. § 2030.290(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount o f $...

Excerpt: ...k that requires a contractor's license pursuant to Bu s . & P ro f. Co d e § 7 0 2 6 . Th e re fo re, Plaintiff, as an unlicensed contractor, is precluded from seeking recovery in law or equity for compensation under the alleged agreement. (Bus & Prof. Code § 7031(a).) Further, as it appears Plaintiff is unable to demonstrate the required licensure, the Court finds that leave to amend would be futile under the circumstances and is, therefore, d...

Excerpt: ...d - CONTINUED, to 5/ 3/ 24 at 8:30 am in Department 22; c) Plaintiff's Motion to Quash Deposition Subpoena Seeking Plaintiff's Employment Records from Smithfield Packaged Meats and for Monetary Sanctions again Defendant and/ or it's Attorneys of Record – CONTINUED, to 5/ 3/ 24 at 8:30 am in Department 2 2 a-c) The motions are procedurally defective. A separate statement is required for a motion “”[t]o compel or to quash the production of do...

Excerpt: ...rgument that this Court is divested of jurisdiction for a contempt proceeding. Petitioner's citation to Albrecht v. Superior Court (1982) 132 Cal.App.3d 612 appears reasonable, and Defendant's citations do not appear to be directly on point. It does not appear to the Court that the rules of Code Civ. Proc. § 664.6 – which do require the Court to retain jurisdiction – apply in this matter. The Court notes that any express retention of jurisdi...

Excerpt: ... The Court understands the circumstances surrounding the filings, but cannot view the failure to timely file the separate statement as the sort of error the Court has the jurisdiction to overlook, as Plaintiff suggests. The separate statement is a necessary part of the motion (Rule of Court 3.1345. ) P la in t if f c it e s Mills v. U.S. Ba n k (2008) 166 Cal.App. 4 th 871, 893 for the proposition that a separate statement does not require that t...

Excerpt: ...ll Co. v. Cit y of Ana he im ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Indust ries , Inc., (1979) 94 Cal. App. 3d 895, 900) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568) . Furthermore, an appurtenant easement is a par...

Excerpt: ...claration: 9. SUSTAINED as to relevance. Objections to Klapper declaration: 10. SU STAIN ED . 11. O VERRU LED . Defendant's motion fails due to an insufficient separate statement. A moving party on summary judgment bears the initial burden of product ion to make a p r im a fa c ie showing that there are no triable issues of material fact. [Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826]. If the moving party carries this burden, it causes...

Excerpt: ...t in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. ” Plaintiff cites no authority for his assertion that liability under Labor Code § 558.1 is the equivalent of alter -ego liability and that the venue rules for alter ego therefore apply. Without such authority, the Court declines to extend alter -e go venue rul es to possible liability under Labor Code ...

Excerpt: ...�the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. ” Plaintiff's argument in opposition relies heavily on Labor Code § 558.1. The Court notes that this argument fails on its face because the current iteration of this pleading (the First Amended Complaint) does not allude at all to that statute, let alone contain a cause of action based...

Excerpt: ...d as required by the Court's order granting preliminary approv a l. Having considered the unopposed motions herein and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under Califo r n ia la w . (Civ il Co d e §1 7 8 1 ; Co d e Civ . Proc. §382; Cal. Rules of Ct., rule 3.769.) The motion indicates that the n...

Excerpt: ...itting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] The courts “also consider matters which may b e ju d ic ia lly n o t ic e d . ” ( Serra no v. Priest (1971) 5 Cal.3d 584, 591. ) Fir s t Ca u s e o f Ac t io n Defendants contend that the statute at issue does not authorize a reverse validation action. Water Code § 10726.6(a) states, “A groundwater sustainability agency th...