Excerpt: ...bstantial injustice. Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5 th 463, 468; Hamilton v. Orange County Sheriff's Dept. (2017) 8 Cal.App.5 th 759, 766. Thus, “an affirmative showing of good cause” is required for any such motion. See CRC 3.1332(c). Good cause generally exists where (1) parties, lawyers or essential witness are unavailable for trial “because of death, illness, or other excusable circumstances;” (2) new counsel mu...

Excerpt: ...TED. Judgment shall be entered on the underlying debt in the amount of $65,872.40. In addition, Plaintiff has established entitlement to costs, but no admissible evidence of the amount of costs has been submitted. Therefore, Plaintiff may submit a cost bill within the time prescribed by statute. The Court will sign the proposed order submitted by Plaintiff. Counsel shall submit a revised form of judgment consistent with the Court's ruling herein....

Excerpt: ...uirements of the Code of Civil Procedure, and the moving party has not demonstrated that any substantive responsive information has been withheld. Moreover, the cases cited by the moving party do not demonstrate its entitlement to an order compelling further responses in the context of allegedly unmeritorious objections that are nevertheless accompanied by complete and substantive responsive information. Therefore, it appears there is nothing fur...

Excerpt: ...esto. Plaintiff was a front‐seat passenger in a Chevy Silverado truck. Defendant James Adams was operating a cement mixer on behalf of do‐defendants Calaveras Materials and/or South Valley Materials, and collided into the rear of the truck plaintiff was in. This would be a garden‐variety auto accident case but for plaintiff's contention that the defendants are morally culpable beyond mere negligence because they had reason to know that Adam...

Excerpt: ...atories from Frank E. Montenegro and for Monetary Sanctions Against Frank E. Montenegro, R. Dewey Wheeler, Luanne Rutherford, and Mcnamara, Ney, Beatty, Slattery, Borges & Ambacher LLP, Pursuant to CCP, Section 2030.300; c) Plaintiffs' Motion to Compel Further Responses to First Set of Special Interrogatories from Celia M. Montenegro and for Monetary Sanctions Against Celia M. Montenegro, R. Dewey Wheeler, Luanne Rutherford, and Mcnamara, Ney, Be...

Excerpt: ...of good faith and fair dealing; Unruh; negligence; FEHA discrimination; defamation; and privacy violations. The pleading was filed ostensibly by Allan Ladd – the conservatee – and Pamela Ladd – the conservator. Before the Court this day is a defensive demurrer and motion to strike, directed at the entirety of the pleading. Although the demurrer and motion to strike were served on plaintiff(s), no proper opposition was filed. There was a “...

Excerpt: ...lish by a preponderance of the evidence that plaintiff actually signed any contract containing an arbitration agreement. See Civil Code §1633.9; Bannister v. Marinidence Opco, LLC (2021) 64 Cal.App.5th 541, 546; Fabian v. Renovate America, Inc. (2019) 42 Cal.App.5th 1062, 1065; Ruiz v. Moss Bros. Auto Group, Inc. (2014) 232 Cal.App.4th 836, 844. Defendant also waived the right to seek arbitration by waiting 245 days from appearing to bring the m...

Excerpt: ...e issue of material fact. With regard to the moving defendant's motion challenging Plaintiff Evan Mays' causes of action for negligence (2 nd) and joint and several liability (3 rd): The Court finds that Defendant has met the initial burden with regard to the absence of a dangerous condition at the location of the plaintiff's accident. However, Plaintiffs have identified material factual disputes which prevent summary adjudication of this issue. ...

Excerpt: ... that the green sludge was actually present; and 2. The maintenance of the property was, as a matter of law, adequate. While Defendant raises doubts about these allegations, they do not amount to a successful summary judgment claim. Preliminarily, Defendant's argument that there was no mud or muddy substance either on the ground or on the Plaintiff is contested sufficiently to defeat summary judgment. Defendant does not dispute that witness Navar...

Excerpt: ...cations since 2006 of Revenue and Taxation Code section 5151 are minor. Thus, the arguably conflicting language (The Revenue and Taxation Code's language says it should be used for money “refunded to a taxpayer for any reason whatsoever,” while the Civil Code discusses “a tax or fee claim against a public entity that results in a judgment,”) is resolved in favor of the Civil Code. Further, the specific language “that results in a judgme...

Excerpt: ...ting separate lawsuits for trial, where they involve common questions of law or fact. The purpose is to enhance trial court efficiency and avoid the danger of inconsistent adjudications. As such, the power to consolidate cases pursuant to CCP §1048(a) only exists when the actions subject to consolidation are still pending. See Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4th 1127, 1147‐1148; Martin–Bragg v. Moore (2013) 219 Cal.App.4th 367...

Excerpt: ...iance or cause any damages. The escrow agent reviewed the transaction and confirmed there was no error and escrow closed in February 2020. (Bldg. Permit Consultants, Inc. v. Mazur (2004) 122 Cal.App.4th 1400: fraud without damage is not actionable.) Cross‐Defendant Sayedzada is not a party to any contract and therefore, specific performance is not a viable theory. Specific performance requires a breach of contract. (Real Est. Analytics, LLC v. ...

Excerpt: ...e at any time [between 01/21/17] and when notice to the class is sent.” Before the Court this day is the initial hearing on plaintiff's application for provisional certification of a class, preliminary approval of class settlement, and approval of a PAGA settlement. The gross settlement amount (“GSA”) is $600,000.00, which is intended to cover 1,260 employees suffering one of many wage/hour violations. The hearing is CONTINUED to address/re...

Excerpt: ...leave to file a cross‐complaint against co‐defendant Hisun Motors Corp. USA (hereinafter “Hisun”) for express contractual indemnity and declaratory relief. The motion is GRANTED. First, since L&K never filed an answer to Hisun's 06/05/20 cross‐complaint, Hisun never secured entry of default thereon, and Hisun did not dismiss its cross‐complaint until after the pending motion was filed, L&K was arguably entitled as a matter of right to...

Excerpt: ...voked to bypass state law statutory protections. Where a collective bargaining agreement contains an arbitration clause, both sides shall be imputed with an intention to arbitrate claims relating to rights provided by that agreement, but shall not be imputed with an intention to also arbitrate facially‐similar statutory claims unless the agreement includes a clear and unmistakable waiver thereof. This Court finds the decisions in Wilson‐Davis...

Excerpt: ...ject of the motion in conjunction with the supporting material facts claimed to be without dispute with respect to each such defense (subd. (d)(1)). The Court finds that this failure amounts to more than a technical oversight, as it prevents the Court from being able to determine whether all relevant material facts have been identified by the moving party and to reach the merits of the challenges presented herein. Such procedural defects in the s...

Excerpt: ...d a motion to strike directed at the prayer for punitive damages. The demurrer is SUSTAINED with 30 days leave to amend. The motion to strike is MOOT. The suggestion for a stay of the action pending the Supreme Court's review in Rattagan v. Uber Technologies, 19 F.4 th 1188 (9 th Cir. 2021) is premature. To begin, while the parties seem to agree that the principal issue to address on the demurrer is the economic loss rule, it is not quite so simp...

Excerpt: ...s never served on the custodian; therefore, it appears there is no effective subpoena at issue. Lastly, Defendants have demonstrated that the subject records were previously obtained via an earlier subpoena without objection from Plaintiff; therefore, the issue of waiver is implicated herein. b) The Court finds that Defendants' disclosure of Dr. Mann does not meet the requirements for supplemental expert designation set forth in Code Civ. Proc. �...

Excerpt: ...r, in pro per. On 03/12/21, plaintiff caused to be served upon defendant at his address of record Request for Admissions 1‐6. Pursuant to CCP §§ 1013 and 2033.250, defendant had 35 days from the mailing to provide a verified written response. Defendant did not timely (or ever) serve responses. See Russo Decl Para 6. Pursuant to CCP §2033.280(b), the party propounding RFAs may “move for an order that the genuineness of any documents and the...

Excerpt: ...rejudice. Courts have a duty of inquiry regarding the grounds for the motion, and are not required to accept at face value vague, unsupported or uncertain representations as to reasons why an attorney wants out. Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1134‐1136. Counsel has a corresponding duty to respond and to describe the general nature of the issue, within the confines of any privilege. Aceves v. Superior Court (1996...

Excerpt: ...non‐exempt employees of [Mercer Foods LLC] within the State of California between 01/04/17 and the present.” Before the Court this day is the initial hearing on plaintiff's application for provisional certification of a class, approval of the management group (class counsel, class representative, third‐party administrator), preliminary approval of settlement, and approval of a PAGA portion. The application must be continued to 04/19/22 at 8...

Excerpt: ... Court this day is a defense demurrer directing at the elder abuse cause of action in the First Amended Complaint, and a motion to strike directed at the prayers for treble damages and attorney fees. Regarding the elder abuse cause of action, to state such a claim, plaintiffs must plead with particularity facts for each of the following essential elements: (1) decedent was a dependent adult; (2) decedent was abused or neglected; (3) defendant's e...

Excerpt: ...with Plaintiff's Second Amended Complaint, but unfortunately, the parties came to an impasse.” Mr. Holland's declaration says there was a single, non‐substantive e ‐mail from Mr. Brar to which Mr. Holland responded he would confer. These allegations do not appear consistent. The Court requires either receiving a copy of the email or to have it read in Court. The Court cannot overrule or grant the demurrer based on failure to confer (Code Ci...

Excerpt: ...� 2699.3(a)(1)(B), (c)(1)(B). Counsel to advise. 1. A conformed copy of the complaint “shall” be provided to the LWDA “10 days following commencement” of the action. §2699(l)(1). Counsel to explain the delay. 2. The LWDA is supposed to receive a copy of the actual proposed settlement agreement, not just notice of a settlement. Compare Safaei Decl para 25 with §2699(l)(3). 3. Regarding litigation costs, there is no paid invoice provided ...

Excerpt: ... Defendant Ciminocare dba Orangeburg Manor; Request for Sanctions – This is a personal injury action. Before the Court this day are three motions, filed by the plaintiffs, seeking an order compelling the defendants to provide further supplemental responses to Form Interrogatories (12.1, 12.6), and Document Requests (4, 8, 9). The motions are GRANTED as set forth herein. A party responding to interrogatories has an obligation to provide response...