Excerpt: ...g discovery thus far confirms that she has percipient knowledge about the entity defendants' handling of the issues presented by P's claims in this case. Additionally, as it appears that the discovery conducted thus far has not been effective in revealing the extent of Ms. Cunliffe's knowledge or involvement regarding such issues, Plaintiff has demonstrated that Ms. Cunliffe possesses superior or unique knowledge of the same. Counsel shall meet a...

Excerpt: ...monstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...

Excerpt: ...sion shall issue after a noticed hearing if (1) the plaintiff has established the probable validity of its claim to possession and (2) the plaintiff has provided an undertaking of not less than twice the value of defendant's interest, if any, in the property. Based on the pleadings before the Court, Plaintiff has established the probable validity of his conversion claim since the evidence suggests defendant has no intention of completing the work...

Excerpt: ...ternative for reconsideration of the order granting the motion for summary judgment. The motion for relief in the alternative is DENIED. First, there is no legal nor factual basis presented for setting aside the Judgment under CCP §473, which was necessary after defendants prevailed on their summary judgment motion. Second, regarding the motion for summary judgment itself, the time to seek reconsideration of the determination on the motion has a...

Excerpt: ... at 8:30 a.m. in Department 24. This is a residential tenancy dispute commenced by way of complaint on August 12, 2021. The Court notes this is the first of thirty‐two (32) discovery motions – on calendar in this matter through February 9, 2022. The eight (8) motions on calendar on this date are brought to compel further responses to every inquiry included in Plaintiffs' first set of Judicial Council Form Interrogatories. The separate stateme...

Excerpt: ...ual abuse by a nurse (causing emotional distress), neglect and abandonment by failing to bring plaintiff food and leaving him in the shower (causing emotional distress), and pharmaceutical abuse (causing plaintiff to fall in the shower). Defendant's demurrer and motion to strike are directed at most of the charging averments in the operative Fourth Amended Complaint. The demurrer is based on the failure to state, as well as on grounds of uncertai...

Excerpt: ...on, defendant explains his ignorance about the need to tender such fees, including the defective advice he received from a third‐party legal service provider, which together qualifies for discretionary relief under Code of Civil Procedure section 473(b). See, e.g., Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 697; Shapiro v. Clark (2008) 164 Cal.App.4th 1128, 1140‐ 1141. Moreover, defendant could have avoided the first appearance fee ...

Excerpt: ... and the documents of which the Court takes judicial notice – demonstrate that Defendant is entitled to summary judgment. Where a party has made a prima facie showing that it is entitled to summary judgment, it "causes a shift, and the opposing party is then subjected to a burden of production of [their] own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th...

Excerpt: ... and the April 2015 transfer of House's shares in Pollination Inc. to the corporation and (2) providing other relief in accordance with sections 3439.07 and 3439.08 and this opinion.” On the same day that plaintiff filed this motion, this Court issued a Minute Order setting a hearing for March 1, 2022, with a briefing schedule commensurate therewith, to address the second part of the Court of Appeal order. Where a reviewing court reverses a jud...

Excerpt: ...uses of Action for slander of title and quiet title require that the plaintiff own or have an interest in the property but the foreclosure has already occurred. These defects cannot be cured, and therefore, the Demurrer is SUSTAINED, without leave to amend, as to the Third, Fifth, Seventh, and Eighth Causes of Action. The First Cause of Action (Fraud), Second Cause of Action (Unconscionable Contract), Fourth Cause of Action (Wrongful Foreclosure)...

Excerpt: ...fs' causes of action for elder abuse and wrongful death do not state sufficient facts is OVERRULED. However, this Court finds that both causes of action as pled are uncertain and on that ground the Defendants' demurrer is SUSTAINED, with leave to amend. Plaintiffs have not carefully considered the scope of a survival action versus the wrongful death action, and in neither instance are the allegations contained in the complaint adequately tethered...

Excerpt: ...otor vehicle accident on October 19, 2016 at a round‐about in Escalon. Plaintiff Kim Worcester was sleeping as a passenger in a 2003 Chevrolet Silverado truck. Defendant Tisa Conner's son, Nathan Conner, was driving a 2002 Chevrolet Tahoe. Defendant Tisa Conner owned and insured the 2002 Tahoe driven by Mr. Conner. (Undisputed Material Fact [hereinafter, “UMF”] # 4; Declaration of Tisa Conner [hereinafter, “Conner Decl.”] at ¶ 2.) Mr. ...

Excerpt: ...ty, has met the burden of demonstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...

Excerpt: ...tions are generally deemed substantial enough, particularly when deemed necessary to hire an outside investigator); and ii) the allegations were founded (i.e. discipline was imposed). (See, Marken v. Santa Monica‐Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250, 1271‐1276; see also, Associated Chino Teachers v. Chino Valley USD (2018) 30 Cal.App.5th 530, 541‐ 543; see also, newly enacted 2019 statutes disfavoring withholding of sexua...

Excerpt: ...he evidence presented is inconclusive and amplified by conjecture. In opposition to the application, Defendant admits to receiving a hierarchy table from his son after the issuance of the injunction and before his son stopped working for Plaintiff. According to Defendant, the hierarchy chart was (1) not proprietary at all, (2) not used in any way and (3) shared for innocent reasons (Defendant's son was “boasting”). Although this hierarchy cha...

Excerpt: ...Plaintiffs' motion asserts that such forms have been provided, the correspondence attached to counsel's declaration does not confirm this information, and the defense indicates that such documentation has not been provided for Plaintiffs Rosa and Brian Cornejo. Counsel shall appear to advise the Court of the status of this exchange, as it appears the settlement can be concluded if such alternate documentation can be provided. ...

Excerpt: ...ima facie entitlement to adjudication of the subject causes of action based on the existence of a contractual release of liability executed by the decedent, the Court finds that Plaintiffs have met their burden of demonstrating the existence of material factual disputes precluding judgment on that basis. At a minimum, Plaintiffs have introduced admissible evidence supporting their assertion that the decedent lacked the capacity to enter into the ...

Excerpt: ...the lack thereof. However, petitioners are entitled to fees under CCP §1021.5 because they were successful in an action which has resulted in the enforcement of an important right affecting the public interest, and which conferred a significant benefit to a large class of persons. Additionally, Respondents' request to disallow fees associated with the motion to strike the prayer for attorney fees is GRANTED. Hearing on the Petitioners' motion is...

Excerpt: ...tter for “trial” on the merits. Based on the parties' pleadings, the essential dispute apparently centers around the “right” to present “live” testimony at the hearing, including the “right” to do so unique to the fourth cause of action for disgorgement. However, given the unique nature of writ proceedings, there is no “right” to present “live” testimony at any hearing the Court conducts, and a determination by this Court ...

Excerpt: ...endant has not shown clearly, positively and unmistakably from the text alone that Code of Civil Procedure section 340.1(q) and/or Government Code section 905(m) violate either the constitutional right to due process or the proscription against gifts of public funds. Defendant's general demurrers against the first and/or second causes of action for failure to state facts sufficient to state a cause of action are SUSTAINED with twenty (20) days le...

Excerpt: ...�related claims to arbitration. Plaintiff does not deny signing the agreement and provides no evidence to support his contention that the agreement was “required” as a condition of his employment with Defendant or that he was otherwise compelled to sign the agreement. There is no evidence of procedural unconscionability. While at the time Defendant moved to compel arbitration of Plaintiff's individual claims, the operative complaint did not c...

Excerpt: ...r applied for a late claim or that the Board ever took action of Petitioner's application for late claim, and therefore the jurisdictional requirement for this Petition has not been met. (Gov't. Code 946.6(b); Nguyen v. Los Angeles Cty. Harbor/UCLA Medical Ctr. (1992) 8 Cal.App.4th 729, 732.) However, an application to file a late claim would relate back to the original claim and deadlines commensurate therewith. (Gov't. Claim 910.6(a); Sofranek ...

Excerpt: ... for a deposition. Defendant's request for monetary sanctions is DENIED. Though not in perfect form, plaintiffs' “Notice to Cancel and Reschedule” is the functional equivalent of a motion for an unfiled protective order, which should have caused counsel to resolve the scheduling issue rather than seeking fees and a court order. See CCP §§ 2025.420(b), 2025.450(b)(2); Leko v. Cornerstone Building Inspection Service (2001) 86 Cal.App.4th 1109...

Excerpt: ...that does not meet the requirements set forth in Code Civ. Proc. §437c(f)(2). Upon review of the papers related to that issue, the Court finds that Defendant has demonstrated that the instant motion is based on a different legal theory and changed circumstances from the first motion and is, therefore, permissible in the exercise of the Court's discretion. As Mr. Shaw submitted no substantive opposition to the defense's undisputed material facts ...

Excerpt: ...ourt will issue sanctions under Code Civ. Proc. section 177.5 for failing to follow the Court's direct orders. If it was filed, the Court anticipates a clear explanation of how this motion was permissible given that a ruling had already been made. The Court is likely to issue a case management order requiring leave of court to file any further section 128.7 motions by either side, and will accept argument on whether it should do so. Some backgrou...