Excerpt: ... to declare Plaintiff Harpreet Dhaliwal a vexatious litigant. Code of Civil Procedure section 391.6 states (in pertinent part): “Except as provided in subdivision (b) of Section 391.3, when a motion pursuant to Section 391.1 is filed prior to trial the litigation is stayed, and the moving defendant need not plead, until 10 days after the motion shall have been denied, or if granted, until 10 days after the required security has been furnished, ...

Excerpt: ... that the causes of action for defamation and fraud must each be pled with specificity, and that the cross‐complaint fails to meet that standard. (See, e.g. Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [“In California, fraud must be pled specifically; general and conclusory allegations do not suffice.”]; Kahn v. Bower (1991) 232 Cal.App.3d 1599, 1612 [discussing pleading rules for defamation claims].) It also appears that each cause o...

Excerpt: ... and reminds plaintiff that elder abuse must be pled with specificity. At present, this court is having difficulty seeing how the decedent's final fall was the result of “abuse” or “neglect” within the meaning of the Elder and Dependent Adult Civil Protection Act because the complaint admits that by that time the facility had provided a shower chair and staff was present. The cause of action for wrongful death is also uncertain, because i...

Excerpt: ...se of action, as alleged by Plaintiff in his capacity as the decedent's successor‐in‐interest. To the extent that the pleading appears to allege the subject (First) cause of action by Plaintiff in his individual capacity, the law does not support such a claim in this context. Moreover, Plaintiff appears to concede this point in the opposition brief. Therefore, the demurrer is sustained without leave to amend on that limited issue. (b) The Cou...

Excerpt: ...same as previously deposed because a PMK is not a deposition of the same person, but rather, a deposition of the non‐natural person. (Cal. Civ. Pro. 2025.230.) Regardless of how long the depositions of the individuals took, there is no time limit on a PMK deposition. (Cal. Civ. Pro. 2025.290(b)(5).) Additionally, even though the same documents were requested and produced during written discovery, they are authorized to be re‐requested under t...

Excerpt: ...s that plaintiff's injuries were caused by bedbugs, but that fact is not in dispute. Mr. Brown's declaration opines that defendant must have been negligent but states no basis for that opinion. It therefore cannot meet plaintiff's burden in opposition on summary judgment. “An expert's speculations do not rise to the status of contradictory evidence, and a court is not bound by expert opinion that is speculative or conjectural. [Citations.] Plai...

Excerpt: ...similar pain for at least two years but he presented on May 27, 2018 because the pain was different and severe. (UMF #3.) Dr. Kanu performed a physical exam and ordered an ultrasound. (UMF ## 4‐6.) There was decreased but not absent vascularity and the radiologist noted it was “concerning for testicular torsion.” (UMF ##8‐9.) Dr. Kanu's report notes he considered epididymitis but his overall clinical impression was a right testicular tors...

Excerpt: ... Plaintiff wishes to continue this hearing, the Court will grant such a request. Unlike most discovery disputes, the Court cannot ignore evidence supporting privileges related to the attorney‐client relationship. The Court has received five separate exhibits under seal. The Court finds that Exhibit E is privileged as it appears responsive to attorney input. The July 24, 2018 text message chain between Cortnie Carmack, Mercedes Carter, and JB Ma...

Excerpt: ...r on May 15, 2020. (FAC at ¶¶ 6, 42.) Within one month of the purchase, it started to have “major powertrain defects” which led to a transmission replacement. (FAC at ¶¶ 8, 43.) The vehicle continued to have problems and by February 2021, it had been out of service for more than 30 days. While the First Amended Complaint also refers to a separate service and repair agreement, it alleges that these defects, replacement, and failure to repa...

Excerpt: ...Perez, in Her First Amended Complaint – GRANTED. a) Defendant's moving papers – including his separate statement of undisputed material facts, his declaration, the declarations of Kaitlin E. Showerman and Armando Flores, and the exhibits attached thereto – demonstrate that Defendant is entitled to summary judgment. Where a party has made a prima facie showing that he is entitled to summary judgment, it "causes a shift, and the opposing part...

Excerpt: ...pon which is sought summary adjudication.) UMF No. 14, states, essentially that the 2006 Prothers Agreement carved out a portion of the [property at issue herein] to be treated differently, stating (and the Court is paraphrasing here in an attempt to be clear): Prothers shall retain grazing rights … [on the property in question]. This description of the “carve out” is not necessarily accurate, as noted by the Defendants in their opposition ...

Excerpt: ...ng benefits from the decedent. After the decedent suffered a stroke and was hospitalized, Defendant allegedly took property as husband and wife with a right of survivorship. (First Amended Complaint at Paragraphs 40 and 44.) Defendant allegedly caused real property in an irrevocable trust to be sold and then allegedly appropriated the funds. (First Amended Complaint at Paragraph 49.) The First Amended Complaint also alleges that Defendant benefit...

Excerpt: ...tition for Writ of Mandate and directing Respondent to notify the Department of Justice that the reports of child abuse filed with it involving Petitioners have been determined to be “unfounded” and request Petitioners' immediate removal from California's Child Abuse Central Index (CACI) database. In addition, the Court would issue a writ directing Respondent to update the Child Welfare System/Case Management System (CWS/CMS, CWS‐CARES) to ...

Excerpt: ...ynne's Motion to Deem Requests for Admission Admitted and Request for Monetary Sanctions is GRANTED and unopposed. The Requests for Admission, Set One, served on Plaintiff Ernest Latta on or about March 25, 2021, are hereby DEEMED ADMITTED. Defendant Sharon Wynne is awarded mandatory sanctions pursuant to Code of Civil Procedure section 2033.280(c) in the amount of $335. Plaintiff Ernest Latta is directed to pay the monetary sanctions directly to...

Excerpt: ... First Amended Complaint; c) Defendant Sofia‐Esther Marquez's Motion for Summary Judgment or, in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Arnulfo Garibay, in his First Amended Complaint; d) Defendant Cuauhtemoc Torres Marquez's Motion for Summary Judgment or, in the alternative, Summary Adjudication as to Each Cause of Action and/or Related Issue Asserted by Plaintiff, Maricela...

Excerpt: ... (UVTA) and demurrer 8 – to the second UVTA “count” ‐ are OVERRULED. The first and second counts state facts sufficient to constitute a cause of action under the UVTA. Demurrers 4, 9, 14 and 19 – alleging the complaint is “uncertain” because Plaintiff erred in naming “Robert Carlson” instead of “Robert Crabtree” a handful of times – are OVERRULED. The error does not render the complaint uncertain in the manner required by ...

Excerpt: ...intiff has failed to meet his burden in this regard and that no material factual dispute exists with regard to the issue in contention, i.e. the potential for liability on the part of Defendants for the accident at issue in this case. After review of the moving and opposing papers and evidence, including the deposition testimony of Ms. Lupekha and the declaration of Ms. Joiner, the Court concludes that the undisputed evidence reveals that Defenda...

Excerpt: ...here was a settlement agreement in place and it was being completed. The current motion and sworn declaration claim that Defendant was in breach of the contract and that the $2,000 paid on June 7, 2021 – one day before the declaration – was correctly applied to the full amount due. These assertions seem to be at odds with each other. The Court anticipates asking clarifying questions and requires counsel appearing for Plaintiff to be able to a...

Excerpt: ...ity. The Court is unable to replicate Plaintiff's calculations as to the taxable amount claimed in total matching the taxable amount claimed in the individual claims. Defendant's zeal in pointing the amount unchallenged leads the Court to suspect it also could not replicate the math. In their opposition, Defendant filed a prior motion to tax costs in another case filed by Plaintiff's Counsel. The Court strikes this portion of the pleading. It may...

Excerpt: ...as demonstrated that Defendant's responses to Form Interrogatories, Set One, Nos. 16.2, 16.3, 16.4, 16.5, 16.6, and 16.10 do not comply with the requirements of Code Civ. Proc. §2030.220. Despite the possibility that later‐acquired discovery may further inform and support Defendant's contentions in the case, the Code requires that the responding party provide responses that are as complete as possible based on the information that is reasonabl...

Excerpt: ...enter [“Emanuel”] in Turlock for a complaint of right testicular pain. (Undisputed Material Fact [“UMF”] #2.) Plaintiff reported intermittent similar pain for at least two years but he presented on May 27, 2018 because the pain was different and severe. (UMF #3.) Dr. Kanu performed a physical exam and ordered an ultrasound. (UMF ## 4‐6.) There was decreased but not absent vascularity and the radiologist noted it was “concerning for te...

Excerpt: ... of the instant settlement. In addition, the instant motion fails to disclose the date of re‐mailing of the 85 class notices that were initially returned as undeliverable; therefore, the Court is unable to determine whether those members had sufficient time to respond as set forth in the notice. Counsel shall be prepared to discuss these issues at the time of the hearing. Aside from the procedural issues identified above, and in the event they ...

Excerpt: ..., or the plaintiff continued to litigate after it clearly became so.” (Gov't Code, § 12965(b); Cal. Prac. Guide Employment Litigation (TRG 2021) Ch. 17‐G, § 17:1572‐1572.1 [effective 1‐1‐19, prevailing defendant in a FEHA action may recover costs and fees only if the court finds that the plaintiff's action was “frivolous, unreasonable, or groundless,” etc., regardless of whether the plaintiff rejected a statutory offer to compromi...

Excerpt: ...ne, meaningful, and consistent with the State's goal of benefitting the public through enforcement of its labor laws. Specifically, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the potential maximum and practical liability on the part of Defendant herein. For example, the motion fails to discuss the estimated potential recovery of penalties for the various Labor Code violations alleged in the Compl...

Excerpt: ...nia (1995) 33 Cal.App.4th 1767, 1773 fn. 2 [“We may properly take judicial notice of these documents. However, we remind respondent we do not take judicial notice that everything contained in these documents is true”], citing Shaeffer v. State of California (1970) 3 Cal.App.3d 348, 354.) When considered in the context of the allowable use of judicial notice to contradict the allegations of the pleadings that otherwise must be accepted as true...