Excerpt: ...tends that as the contract is not attached and the allegations are insuffciently precise, the complaint as a whole fails. Defendant further alleges that a lack of specificity as to which Defendant did which things is fatal. Defendant is correct. The Demurrer The First Cause of Action for Declaratory Relief This cause of action is based on the parties' respective rights under the insurance contract, and therefore the sufficiency of the allegations...

Excerpt: ...t 23. The Court notes that the parties' efforts have resulted in Defendant's service of two sets of amended responses to date, the latest of which was provided while the instant motions were pending. Therefore, it appears to the Court that the potential exists for the parties to further narrow and/or resolve the issues presented herein with the pursuit of additional meet-and-confer efforts conducted in faith. The hearing is continued for this pur...

Excerpt: ...he status of the arbitration. Plaintiff Entered Into the Arbitration Agreement, and the Agreement Covers the Dispute A valid and enforceable agreement requiring the resolution of employment-related disputes through arbitration precludes the employee's right to pursue claims in the judicial context. Circuit City Stores, Inc. v. Adams (2001) 532 U.S. 105, 123. The only prerequisite for a court to order arbitration is a determination that the partie...

Excerpt: ...shall state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds be inconsistent. Defendant has not stated specific facts in support of any of its affirmative defenses. The defendant makes factually unsupported allegations, such as the County has not established a right to take the Pro...

Excerpt: ... the parties and finds that Defendant has not provided sufficient evidence relative to the ownership of the phone account to justify his claim that disclosure will unduly violate the privacy rights of non-parties herein. Nevertheless, the Court acknowledges that Defendant himself likely has some level of privacy interest in the sought-after phone records, butthe motion herein has not sufficiently demonstrated that Defendant's privacy interests ou...

Excerpt: ...al.App.5* 933, 941; Sanchez v. Kern Emergency Medical Transportation Corp. (2017) 8 Cal.App.5* 146, 165.) In this regard, the Court notes that Dr. Chang relies, in part on a purported declaration from Dr. Roubach explaining his choice of an alternative lens during the initial cataract procedure on 2-11-20; however, the information described by Dr. Chang in this regard does not appear in the evidence submitted with the instant motion. In addition,...

Excerpt: ...fails to survive the statute of frauds, because the FAC is based on an alleged oral contract to purchase real property, which under Civil Code secton 1524(a)(3) is required to be in writing. However, an exception to the statute of frauds is the doctrine of partial performance, pursuant to which an oral agreement for the transfer of an interest in real property is enforceable when the buyer has taken possession of the property, and either makes a ...

Excerpt: ...Judicial Notice - DENIED. As to Plaintiff's requests for judicial notice, none need be taken for the Court to consider published state or federal cases. The California cases are legal authority, and the federal case may be persuasive. The Court finds Defendant's request for judicial notice of unpublished state court cases disingenuous at best. There is a case directly on point. (TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, ...

Excerpt: ... 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 1008(a), because plaintiff has not shown any new or different facts, circumstances or law. Pla...

Excerpt: ...ferred the three parcels to his daughters, and petitioner has not shown that Arnaldo did not have the authority to do so. As a result of Arnaldo recording the Affidavit of Surviving Spouse, the daughters' parcels were arguably Mr. Avila's separate property as a matter of law pursuant to Probate Code section 13540 (the property shall be free of the rights of the state of the deceased spouse or of the devisees or creditors of the deceased spouse to...

Excerpt: ...ly, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the maximum and practical exposure of Defendant on the claims asserted herein. Likewise, with regard to the PAGA claim, the information provided is insufficient for the Court to determine whether the proposed settlement provides for relief that is genuine, meaningful, and consistent with the State's goal of benefitting the public through enforcement ...

Excerpt: ...lity is required by law, court records are presumed to be open to the public (CRC 2.550(c)). Therefore, pleadings, evidence (including that obtained in discovery), and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. [CRC 2.551(a); see H.B. Fuller co. u Doe (2007) 151 cal.App.4th 879, 888]. Plaintiffs recently filed redacted versions of the relevant pleadings and evidence with th...

Excerpt: ...that interest accrues at the rate of 10% per year through December 31, 2022, and thereafter interest accrues at the rate of 5% per year. Thus, the judgment only accrued interest at the rate of 5% per year between January 1, 2023, and March 22, 2023. Therefore, the total interest is $7,831.46, not $7,861.41, and the total renewed judgment is $15,819.58, not $15,834.53. Plaintiff asks that the Court use a 10% interest rate through the date of the r...

Excerpt: ...f Tree Guys, would cut and/or trim some palm trees on certain real property in lieu of a cash payment so Tree Guys could store some tree cutting equipment at a yard owned by defendant Eagle Valley Investment. Declaration of Larry Buehner, paragraphs 2 and 3. Thus, it cannot be determined as a matter of law that Tree Guys did not owe a duty to plaintiff Brandon Garcia. Allis-Chalmers Corp. v. Superior Court (1985) 168 Cal. App. 3d 1155, dæs not m...

Excerpt: ...s for Payment Relief De IV LLC Motion to Compel Responses and Production of Documents; Request for Monetary Sanctions- GRANTED, in part, DENIED, in part, d) Defendant's, Fay Servicing LLC and Partners for Payment Relief De IV LLC Motion to Have Requests for Admission Deemed Admitted and Matters Deemed Genuine as Against Plaintiff; Request for Monetary Sanctions —GRANTED, in part, DENIED, in part, unop1H)sed. a) The Court finds that Plaintiff ha...

Excerpt: ...inistrator reports that all the distributions under the Settlement are complete and, if needed, an Amended Judgment is submitted to address distribution of any unclaimed funds in compliance with Code Civ. Proc. section 384. The settlement terms are as follows: (1) The settlement class is composed of all persons who are or were employed in California by defendant as non-exempt employees at any tme from March 5, 2017 through September 30, 2022 (app...

Excerpt: ...irs, representatives, executors, administrators, successors and assigns" of parties to said agreement, Almond Vista Healthcare Center may enforce said arbitration agreement against Plaintiff. The Court also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant's facility. Furthermore, the Court finds that...

Excerpt: ...certifying the merger. The merger is the sole issue that Defendants contest, and therefore the Court is required to give Defendants an opportunity to respond. However, the Court currently views the request as valid. Defendants do not dispute that the loan, lease and guaranty agreements were entered into or that Defendant have not fulfilled their obligations under the agreements. Defendants only dispute Plaintiff's contention that CIT Bank, N.A. w...

Excerpt: ...d Cause of Acton herein rests on the suffciency of the pleading with regard to the District's alleged violation of the Ralph Civil Rights Act (Civ. Code S 57.1) and the Tom Bane Civil Rights Act (Civ. Code S 52.1). With regard to Defendant's argument that the extended limitations period and revival provisions of Cade Civ. PrcL S 340.1 and the claim exemption provisions of Gov. Code S 905(m) do not apply to the Third Cause of Action herein, the Co...

Excerpt: ... had an existing SBA and construction loan agreement with ATI relative to its construction project at the hotel property but that the Bank served a notce of default against ATI based on a "negligent mischaracterization" of ATI's renovation project involving demolition of the hotel lobby as destruction of collateral which represented security for the loan. In addition, the Bank withheld further constructon funding it had promised to provide under ...

Excerpt: ...ien on Wells, as required by Civil Code sections 8416(c)&(d). Thus, pursuant to Civil Code 8415(e), the lien is unenforceable as a matter of law. Also, pursuant to Civil Code section 8118, when notice is given by mail, the claimant's declaration of proof of service shall be accompanied by certain documentation, and the recorded proof of service fails to include this required documentation. Lisa Declaration, paragraphs 42 —46, and Weber Declarat...

Excerpt: ...s some "certainty" in Section provision of a hard and fast date for valuation of a company when the majority shareholders invoke the buyout process. However, the statute explicitly allows for an alternate (or deferred) date where the moving party can show "good cause." While it is true Plaintiffs "knew what they were doing" when they filed their lawsuit for involuntary dissolution in 2020 — i.e. knew that if the corporation agreed to dissolutio...

Excerpt: ...laint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States. Keystone contracted with RGM to manage the property. Keystone's breach of contract cause of action in the cross-complaint against RGM concerns the amount of insurance obtained. The Property Management Contract contains an express defense and indemnity...

Excerpt: ...ona slant as the original moton Boilerplate usage should be clearly case related. Use of ALL CAPS is strongly disfavored. Bolded portions should be bolded for a reason. The Court intends to rule on the matter despite the late filing of the meet-and-confer letter. The Defendant's internal records are suggested to be a proper record for judicial notce. However, there is no evidence provided that the records do not reflect a claim being made. This r...

Excerpt: ...ds should be stated with clearness and precision so that nothing is left to surmise. (Bernstein v. Piller(1950) 98 Cal.App.2d 441). The Court finds that Plaintiffs have not stated with clarity and precision essential facts on which their claims rely. More specifically, the Court finds that Plaintiffs' complaint is replete with long, disjointed, rambling, confusing, ambiguous allegations which make it difficult to comprehend said complaint or resp...

Excerpt: .... 5382; Cal. Rules of Ct., rule 3.769.) Good cause appearingto the satisfaction of the Court, the Court is inclined to find that the proposed settlement and the associated fees and costs are approved as set forth in the motions and supporting papers, as follows: The gross settlement amount is $170,000. Of that, $56, 666.67 is apportioned for attorney fees, $16,368.58 in costs, $7,500 for named Plaintiff, $8,972 in administrative fees, and $7,500 ...

Excerpt: ...est for Admissions propounded on 2/26/23. Defendant Hudson Insurance Company's request for an order deeming the truth of all ma
©ers speciÞed in Defendant's Request for Admissions, Set One is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents speciÞed in Defendant's Request for Admissions, Set One, is hereby deemed admi
©ed. (California Code of Civil Procedure §2033.280) Monetary sanc
Ÿons of $180 are a...

Excerpt: ...s not considered plaintiff's unauthorized Supplemental Reply filed on June 22, 2023. Code Civ. Proc. section 1048(a) provides for the consolidation of actions: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to...

Excerpt: ...ant are not competitors — in business or any other forum it is decidedly Defendant's burden to demonstrate "good cause" for the AEO designation of any document produced during discovery. If the Defendant's proposed protective order were entered, and Plaintiffs did not "catch" an AEO designation immediately (or later determined a document was improperly designated AEO), that designation would be "final" without any analysis of the "good cause" f...

Excerpt: ...t for production was served by electronic means on Friday, March 24, 2023. Powers Declaration, paragraph 4. Plaintiff's responses to the requests were received on April 25, 2023. Powers Declaration, paragraph 5. Pursuant to Code Civ. Proc. S 2031.260(a), responses were due 30 days after service. Pursuant to Code Civ. Proc. S any right or duty to make any response within any period after the service of the document, which time period or date is pr...

Excerpt: ...ating to Plaintiff's employment with and/or the cessation of employment with Defendants. Further, that Plaintiff's relationship with Defendant Penny Newman Grain is so intertwined with Plaintiff's relationship with Defendant Copper and Gold LLC that Defendants may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant Penny Newman Grain. The Court notes that Plaintiff, upon the Court's finding of a valid...

Excerpt: ... 9th, 12th, 13th, 14th, 15th, 16th, and 17th causes of achon stated therein. With regard to the claims based on Plaintiff's alleged disability, the pleading lacks specific factual allegations establishing that Plaintiff suffered from a condition that constituted a disability, as that concept is defined by FEHA. In addition, the pleading lacks specific factual allegations of discrimination, retaliation, and harassment arising from Plaintiff's incl...

Excerpt: ...suffcient to enable the district to investigate and settle, if appropriate, Plaintiff's negligence causes of action. (Stockett v. Association of California Water Agencies Joint Powers insurance Authority (2004) 34 Cal.4th 441.) To the extent that the defense arguments herein rely on the assertion that Plaintiff's claim was missing information required by Gov. Code S 910, this consttutes an attack on the claim's sufficiency, which was waived by th...

Excerpt: ...arch 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10, 11 and 14. How...

Excerpt: ...conference for Thursday, August 24, 2023, at 8:30 a.m. in Department 22. Clerk to give notice of the Court's ruling. Due to the amount of time which has elapsed since the entry of default judgment, the Court cannot grant relief pursuant to Code Civ. Proc. section 473(b), Code Civ. Proc. section 473.5, or Civil Code secton 1788.61. However, Civil Code section 1788.61(e) prov-des that 1788.61 shall not limit the equitable authority of the court or ...

Excerpt: ... personal jurisdiction, the default judgment is void; such a judgment can be challenged at any time. (CCP S 473(d); Strathva/e Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.) Where a defendant challenges the court's personal jurisdiction on the ground of improper service, the burden is on the plaintiff to prove the existence of jurisdiction due to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4tH 403, 413.) However, a filed ...

Excerpt: ...hursday, July 13, 2023. a) Ms. Vega filed a Reply at 5:22 p.m. on Friday, June 16, 2023. According to the proof of service attached to the Reply, it was served by electronic mail and regular mail on June 15, 2023. On June 20, 2023, Ms. Yciano filed an objection to the Court considering the Reply because it was filed and served three days after the final day to file and serve as set by the Court on May 12, 2023. The Court was very clear at the hea...

Excerpt: ...e Civ. Proc. S 430.41 A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. SKF Farms v. superior court (1984) 153 cal.App.3d 902, 905. Defendant states that the Complaint exceeds the three-year statute of limitations, but defendant does not cite to a specific statute in support of this assertion that a three-yea...

Excerpt: ...to the subject discovery and all objec
Ÿons have been waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Pe
Ÿ
Ÿoner is en
Ÿtled to an order compelling Ms. Lunardi to provide answers, without objec
Ÿon, to the subject discovery within 30 days. (Code Civ. Proc. § 2030.290(b).) b) The Court Þnds that Real Party in Interest has en
Ÿrely failed to respond to the subject discovery and all objec
Ÿons have been waived (Code Civ. Proc. § 2031....

Excerpt: ... with his claimed injuries, based on the undisputed evidence that Defendant did not own, possess, or exercise control over the property where the injury occurred, nor did Defendant have actual notice of any dangerous condition on the subject adjacent property. The burden then shifts to Plaintiff to produce admissible evidence establishing a material factual dispute preventing judgment against him. In view of the lack of opposition, Plaintiff has ...

Excerpt: ...6 concerning incidences of Covid- 19 infections during August, September, October, November, and December of 2020, and January of 2021, with all patient information, relative information, or other identifying information redacted from the documents. Defendant is also ordered to produce, by no later than July 12, 2023, all documents responsive to Request No. 7 sent to governmental authorities regarding incidences of Covid-19 infections in August, ...

Excerpt: ...dice. The Court finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L....

Excerpt: ...e Buyers' Final Settlement Statement; and The Final Settlement Statement. See Supplemental Declaration of Robert Clancy, paragraph 3, and Exhibit 10 (Declaration of the custodian of records for North American Title, and copies of the above documents). The Court has considered the above documents because there is really no dispute that the documents are genuine: they were just not properly authenticated by attorney Clancy in the original moving pa...

Excerpt: ...rt finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L.P. v. Farkhon...

Excerpt: ...t-and-confer efforts on the disputed issues in good faith. For example, the Court notes that the parties were able to agree to the terms of a protective order and that Defendant indicated the intenton to produce further documentation pursuant to the same, but it is unclear whether such additional production occurred or whether additional communication was had on those issues. Therefore, the Court believes that, with additional efforts expended in...

Excerpt: ...overy requests as one involved with the events at issue in the subject lawsuit. The Munoz declaration is facially defective as it does not contain either the location of the signing nor the words "under the laws of the state of California," and is therefore stricken. Nonetheless, the Court has questions, especially to determine if sanctions are appropriate. b) HEARING REQUIRED. The Court has the concerns raised above and knows of no authority tha...

Excerpt: ... Buyers' Final Settlement Statement; and The Final Settlement Statement. See Supplemental Declaration of Robert Clancy, paragraph 3, and Exhibit 10 (Declaration of the custodian of records for North American Title, and copies of the above documents). The Court has considered the above documents because there is really no dispute that the documents are genuine: they were just not pro#rly authenticated by attorney Clancy in the original moving pa#r...

Excerpt: ...uest for Sanctions in the amount of $2,280.00 a) GRANTED IN PART. Defendant Winco Holdings, Inc. is ordered to serve a verified further response by no later than June 30, 2023, limited to FEHA-based actions filed in the last ten years involving disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, retaliation and wrongful termination in violation of public policy. Discl...

Excerpt: ...ong period of tme and there is some inference that they were coordinated. Additionally, the alleged statements by both named Ruijssenaars indicate some knowledge regarding the ongoing issues and the persons responsible. The Court rejects the argument that Ms. Ruijssenaars was the parent of Does 1-50, as this is not pled. As to the Eighth Cause of Action, the Court independently raises its own concerns that injunctive relief is not a cause of acti...

Excerpt: ...udge Begen on March 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10,...

Excerpt: ...t the video footage is inconsistent with Cross-Defendant's declara
Ÿon tes
Ÿmony on these issues and does not support her prima facie en
Ÿtlement to judgment. Assuming arguendo that Cross-Defendant fulÞlled her ini
Ÿal burden herein, the burden would then shi
L to Cross-Complainant to introduce admissible evidence demonstra
Ÿng the existence of a triable issue of material fact. (Code Civ. Proc. § 437c(p)(2).) The Court Þnds that Cross-Com...

Excerpt: ... Production, Set One; Request for Sanctions; d) Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctons a) GRANTED, conditionally and with limitations. The Court has reviewed and appreciates the respective supplemental declarations filed by counsel with regard to meet and confer efforts. The sole remaining dispute with respect to Defendant's motion to compel further production to Defendant's Demand fo...

Excerpt: ...ns of the secton entitled Mediation and Arbitration of Disputes in the Amended Buy-Sell Agreement for Blue Tech Water, Inc., entered into on August 26, 2019. The court action is stayed pending completion of the arbitration. Respondent Anthony Delgado's Motion to Compel Further Responses to Requests for Production of Documents, Set One, which is set for June 15, 2023, and the Case Management Conference set for July 24, 2023, are taken OFF-CALENDAR...

Excerpt: ...and/or evidence to support this was only tendered in Defendant's Reply and references a declaration that was apparently never filed or served. (Reply, p. 8, In. 5-10 ["Declaration of Megan Tommasello"].) The Court believes that the present split of authority recognized by the California Supreme Court in granting review of Rodriguez v. FCA US LLC (2022) 77 cal.App.5th 209, review granted, cal.5th 295 Cal.Rptr. 351, may well depend on whether effec...

Excerpt: ...apposite. Likewise for the constructive filing upon receipt rule because what Plaintiff submitted could not have been filed as tendered and therefore required an entirely new filing, not simply compliance with a technical formatting issue. The same holds for Plaintiff's reliance on Code of Civil Procedure section 473, subdivision (d), since there was no "clerical mistake" in the entry of judgment, or renewal thereof, in the first place. Here, Pla...

Excerpt: ...efendant correctly points out some errors in the Court's earlier calculations. The Court does not believe it has authority to correct the judgment at this stage, as Defendant correctly observes. (a) The Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service of a copy of the file-stamped judgment did not specify that it was performed by order of the court or purs...

Excerpt: ...at the final fairness hearing and final approval by this Court. The class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the moton. The Court sets the following deadlines relative to this matter: -23-23 efendant shall provide Class Information to Administrator -5-23 ministrator shall mail Class Notice to Class Members. -19-23 lass Deadline for Submission of Opt-out Notices or...

Excerpt: ...ion. The examination will be performed by Dr. Alex Huanphong Phan, MD. of Alpine Orthopedics in Stockton California, whose specialty is interventional pain management and by such assistants and colleagues as Dr. Phan may call upon to assist or to advise him in the examination. The examinaton will take place at 2488 N. California St„ Stockton, on June 27, 2023, beginning at 5pm and continuing for as long as is reasonably required but in no event...

Excerpt: ... 6, 2023. No additional filings by either plaintiff or by defendants concerning this Mohon are allowed. b) GRANTED. Attorney's fees of $2,800.00 are awarded in fawr of Narinderpal Sandhu and Rajwant Sandhu and against Van Rorabaugh as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4,1992. Van Rorabaugh, as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4, 1992, is ordered to execute and deliver to...

Excerpt: ... by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App. 4th 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for him to...

Excerpt: ...created by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App.4*' 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for ...

Excerpt: ... submitted in connecton with Defendants' Memorandum of Costs, the Court finds that Plaintiff has met her burden of demonstrating that certain of the costs claimed are unrecoverable under Code Civ. Proc. S 1033.5 or are excessive and/or unreasonable, such that the burden shifts to Defendants to show that the items charged were for matters necessarily relevant and material to the issues inwlved in the action. (Nelson v. Anderson (1999) 72 cal.App.4...

Excerpt: ...denied as to these requests except as to the records from Kaiser Permanente Dale Road Medical Offices that concern plaintiff's mental health conditions, as admitted by plaintiff in response to Special Interrogatory No. 5. Request for Production No. 44— GRANTED. Plaintiff Wendy Speakman is ordered to serve verified amended responses to Request for Production of Documents No.'s 12 and 43, without objections, but only as to the medical records ide...

Excerpt: ...judgment based on the submitted evidence demonstrating its lack of actual or constructive notice. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. S 437c(p)(2).) The Court finds that Plaintiff has met his burden in this regard, at a minimum, with regard to the issue of constructive notice. (Gov't. Code S 835(b).) Plaintiff's evidence supports an in...

Excerpt: ...uling by the California Supreme Court in Adolph v. Uber Technologies, Inc., whichever occurs first. In the Sacramento County cases which are the subject of defendant's Request for Judicial Notice the court granted the motions to compel arbitration as to plaintiff's individual claims and stayed the acton as to the representative claims. In the Merced County and Fresno County cases (Exhibits K and L) the court compelled arbitration and dismissed th...

Excerpt: ...ate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be." (City of Grand Terrace v. superior court (1987) 192 cal.App.3d 1251, 1262.) The Court finds that Settling Defendant's application does not meet the requirements listed in Tech-Bilt Inc. v Woodward-Clyde Associates and does not proVde the Court with enough informati...

Excerpt: ...fs, to be paid by Cashman Creek Ranch LLC and Longstreth to plaintiffs' counsel Keric Cushing if Defendants accept this ruling. Otherwise, Defendants will be given additional time to respond to Plaintiff's late-filed detailed records. Plaintiffs' Request for Judicial Notice is GRANTED. Civil Code S 1717(a) provides in pertinent part that in any action on a contract, where the contract specifically provides that attorney's fees and costs, which ar...

Excerpt: ... The Court continued the hearing to May 9, 2023, and ordered petitioner Lisa Judd to file a Sur-Repl',' by no later than April 21, 2023. The Court allowed this because the respondents had made a new substantive argument in their Reply concerning the lack of proof by the petitioner as to the "probable validity" of her real property claim. Lisa Judd timely filed and served a Sur-Reply on April 21, 2023. Although not specifically allowed by the Cour...

Excerpt: ...023. (California code of Civil Procedure "2025.280(a), 2025.410 and 2025.420). The Court also finds that Plaintiff made reasonable and good faith efforts to meet and confer with Defendant through Plaintiff's multiple inviting Defendant to meet and confer with Plaintiff, as well as the multiple extensions given to Defendant to respond to said meet and confer invitatons. The Court further finds that Plaintiffs request for testimony and d G„cument...

Excerpt: ...iff's counsel to request a hearing. The Court continued the hearing to May 5, 2023, and ordered counsel for both parties to file declarations by April 28, 2023, regarding who from their office made contact with opposing counsel giving notice of their respective requests for a hearing, and also to specifically state in the declarations what part of the tentative ruling they oppose. 80th counsel timely filed declarations. It is apparent to the Cour...

Excerpt: ...s, Defendant was in possession of the full report. At the last hearing the Court attempted to discern why the initial report sent from Plaintiff's law firm was incomplete in a manner which led Defendants to err in their appraisal of the situation. Defendants also explained to the Court's satisfaction why the Defendant's representatives signed off on the prior admissions. Code Civ. Proc. S 2033.300 prov-des a safe harbor when the admission was the...

Excerpt: ...Collins; John E. Gish; and the Estate of Conrad G. Sanchez individually and collectively, as follows: $231,124.39 in reliance damages, $154,542.15 in costs, and $104,436.73 in interest through February 20, 2023, for a total judgment amount of $490,103.27, plus interest of 8% per year from February 20, 2023 through May 3, 2023. Code Civ. Proc. section 1285 provides as follows: Any party to an arbitration in which an award has been made may petitio...

Excerpt: ... January 5, 2016 to October 20, 2021. The records are to be produced by no later than Friday, May 26, 2023. The original subpoenas dated March 2,2023, issued to Aseracare Hospice, Hy-Lond Healthcare, and Sutter Gould Medical Foundation, for decedent Donna Lee Warner's medical records, sought medical records from Ms. Warner's date of birth through the present. The original subpoenas were clearly overbroad as to tme. The amended subpoenas issued on...

Excerpt: ...sition of Mr. Quijas. Mr. Quijas is ordered to make himself available for and attend and testify at his deposition. On March 15, 2023, the Court granted plaintiffs' Motion to Compel the Deposition of defendant Adolfo Torres Quijas. The Court ordered plaintiffs' counsel and defense counsel to meet and confer in good faith and set the deposition of Mr. Quijas. The Court also ordered Mr. Quijas to make himself available for and attend and testify at...

Excerpt: ...n good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The proposed settlement terms are as follows: (1) Gross Settlement Amount of $590,000.00; (2) $50,000.00 allocated for PAGA Penalties under the Private Attorney General Action of 2004 ("PAGA"), distributed 25% ($12,500.00) to the A...

Excerpt: ...ferences for arbitration. (See: St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal. 4th 1187, 1195; and Engal/a v. Permanente Medical Group, Inc. (1997) 5 cal. 951, 971-972.) But the Court enforces only the "Applicant Statement and Agreement," which contains a PAGA carve-out. The alleged superseding clause in one of the other agreements can't overcome a separate agreement made at the same tme. The Applicant Statement and Agreement...

Excerpt: ... of relevant and admissible evidence with regard to Plaintiff's earnings, disciplinary matters substantially similar to those Defendant alleges were the basis for Plaintiffs termination in this case, and whether Plaintiff's separation from employment with the non-party deponent was voluntary or involuntary. The tme period for discoverable documents should be from start date to date of separation of employment. The motion to quash is therefore den...

Excerpt: ...FAA there is a liberal policy favoring arbitration agreements. Perry v. Thomas (1987) 482 U.S. The arbitration agreement in the Lease Agreement (Maugeri Declaration, paragraph 5, Exhibit 4) prov-des that it is governed by the Federal Arbitration Act ("FAA"), which governs transactions involving commerce. 9 U.S.C. section 2. Courts interpret FAA's term "involving commerce" broadly, finding that the phrase is the functional equivalent of "affecting...

Excerpt: ...ms that defendant Karen Emily Johnson failed to see plaintiff in the crosswalk and hit him while he was in the crosswalk. PUMF, No.'s 2 and 3. There is a disputed issue of fact as to whether Mr. Lopez was actually walking in the marked crosswalk and whether or not Ms. Johnson is at fault. Ms. Johnson claims that Mr. Lopez was not in the crosswalk she did not see him there, and that prior to initiating her turning movement, she observed traffic an...

Excerpt: ... exist, and that plaintiff is entitled to summary judgment. Open Book Account Code Civ. Proc. section 337a defines "book account" as follows: The term "book account" means a detailed statement which constitutes the principal record of one or more transactons between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries a...

Excerpt: ... declarations prov-ded by Defendants authenticate the pictures themselves. OVERRULED. SUSTAINED. OVERRULED. OVERRULED. SUSTAINED as to the "I am informed and believe" statement only. OVERRULED. see number 2. SUSTAINED. Defendants Evidentiary Objections to the Declaration of Lori Sicard: 2. 3. 4. 5. SUSTAINED. OVERRULED. The reason for the delay in pursuing the matter has raised. OVERRULED. See below. The parties raise issues in a manner that is u...

Excerpt: ...fficient at the pleading stage to state the challenged causes of acton. In pleading, the essential facts on which a determination of the controversy depends should be stated with clearness and precision so that nothing is left to surmise. (Bernstein u Piner (1950) 98 Cal.App.2d 441). The Court finds that Plaintiff has not stated with clarity and precision essential facts on which a determination of the controversy depends such as the term of the ...

Excerpt: ...and confer with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. Defense counsel sufficiently met and conferred with plaintiff's counsel before filing this Motion. Moths Declaration, paragraphs 5 — 10. The Merits Code Civ. Proc. section 436 prov-des that the court may, upon a motion made pursua...

Excerpt: ...es to Plaintiffs Special Interrogatories, Set One; and for Monetary Sanctions— GRANTED, in part, DENIED, in part, unopposed. a) Plaintiff's request for an order establishing the truth of all facts and genuineness of all documents specified in Plaintiff's Request for Admissions, Set One against Dora Palominos is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents specified in Plaintiff's Request for Admission...

Excerpt: ...s a matter of law. Code Civ. Proc. section 437c(c). The allegations concerning theft by plaintiff of defendant's property, and the facts concerning the grievance process engaged in by plaintiff are not relevant to the issues in this Moton. Plaintiff returned the property which defendant thought he had stolen (PMF No. 9, Itkin Declaration, Exhibit 1 (Deposition of Defendant's PMQ) 27:19-28:10) and the grievance process is a separate process from t...

Excerpt: ...Proc. section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving party, the defendant bears the burden of persuasion that there is no triable issue of material fact in order to prevail on summary judgment. However, defendant is not required to conclusively negate an elem...

Excerpt: ..., and as to costs the Motion is ruled on under the Court's Tentative Ruling on Carol Sue Hamilton's Motion to Tax Costs. Ms. Hamilton claims that Ms. DiFazio lacks standing to file the Motion because at the time the Mohon was filed Ms. Hamilton was only the proposed administrator. However, Probate Code Section 850 petitions may be brought by any interested person, and in any event now that Ms. DiFazio has been appointed as administrator she certa...

Excerpt: ...ithin the standard of care. Doctors Medical Center of Modesto, Inc. has filed a Motion to Compel plaintiff Bernadette Davoud to Respond to Supplemental Interrogatories, Set One, and a Motion to Compel plaintiff Bernadette Davoud to Respond to Supplemental Request for Production of Documents, Set One, both of which are set to be heard on May 3, 2023, in Department 22. The Court takes both of these motions OFF-CALENDAR as being moot due to the Cour...

Excerpt: .../or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,051.65; c) Plaintiff's Motion to Compel Responses to Request for Production of Documents, Set One against Defendant Budget Inn and Requests for Costs, Sanctions, and Attorney Fees against Defendant Budget Inn and/or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,061.65; d) Plaintiff's Motion to have Request for Admissions, Set One, Deemed Ad...

Excerpt: ...ns and portions of the Tenth Cause of Action for Unfair Business Practices which reference other similarly-situated employees and the general public, on the grounds that the allegations are irrelevant and improper. Punitive Damages Plaintiff agrees that he cannot recover punitive damages for his wage claims (the first, second, third and fourth causes of action) or for his tenth cause of action for unfair businesses practices. Civil Code S 3294 se...

Excerpt: ...3, 447, fn2; Rule of Court 8.1115.) The reference to "this Court" and the same agreement caused me to look up the trial case; it was a different judge who did so. These rules are in place because it is not persuasive authority for an unpublished case of any stripe unless it falls under one of one of the narrow exceptions. This is not one of them. under the judicial canons, I am not to be swayed by citations to common practice or other judges' rul...

Excerpt: ...tes that the excess length of Plaintiff's motion is relatively insubstantial and chooses not to issue sanctons for that or other violations. Plaintiff is cautioned to review the Rules of Court. The Court is limited to the sanctions requested by the motion, and Defendant Derek Taylor Sr. has met the Court's and counsel's patience with failures to perform basic functions. The Court anticipates those issues raised in the reply brief will be remedied...

Excerpt: ... those questions; the Court will accept oral argument at the May 3 hearing on any issue. (a) As a preliminary matter, the Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service ofa copy of the file-stamped judgment did not specify that it was performed by order of the court or pursuant to Code Civ. Proc. 5664.5; therefore, the same did not constitute notice of e...

Excerpt: ...itlement to judgment herein. (Code Civ. Proc. Specifically, Defendant has demonstrated, at a minimum, that Plaintiffs cannot establish the element of causation against the moving defendants herein. b) GRANTED, and unopposed Based on a review of the moving papers and supporting evidence, and in view of Plaintiffs' notice of non- opposition to the instant motion, the Court finds that Defendant, as the moving party, has met the burden of demonstrati...

Excerpt: ...ost by Dr. Huang and by Hospitalists of Modesto Medical Group, Inc. was within the standard of care. Pursuant to CCP Section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving parties, the defendants bear the burden of persuasion that there is no triable issue of materia...

Excerpt: ... habit are to award attorney fees only when some element of bad faith is present; I do not want to, for instance, award attorney fees to a respondent where the evidence was simply insufficient to meet the clear and convincing burden. Here, Petitioner failed to note the existence of case FL-23-220, which she now concedes was part of the motive to seek this restraining order. This order was sought to contravene Judge Mumford's order in the other ca...

Excerpt: ...ched to the moving papers. The Court notes that Plaintiff's choice to refer to this as "an unprecedented injustice," does not clarify the geographic or temporal limits of "unprecedented" and invites Plaintiff to explain its position further. Plaintiff was uncareful in its submissions and the Court has questions as to exactly what has occurred. It does not appear to the Court that its clerical staff made any errors....

Excerpt: ...d Property Law to be held in the name of the Settlement Class Member. The Court finds that the settlement was entered into in good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The Court takes the Motion to Dismiss set for July 14, 2023, at 8:30 a.m. off-calendar, and sets a complian...

Excerpt: ... 2023, seeking a total of $6,825.50 in costs: $1,ff9.50 for trial court costs, and $5,155.90 for appellate costs. Mr. Limon timely filed a Motion to Tax Costs. Circle K claims costs of $4,716.70 under Item No. 6 of the Memorandum of Costs on Appeal for transmitting, filing, and serving of record, briefs, and other papers. See Stiller Declaration, Exhibit B, Memorandum of Costs on Appeal. Mr. Limon is challenging $4,489.20 of these costs as unreco...

Excerpt: ...ion." People v. Hutchinson (1969) 71 Cal.2d 342, 350. Ms. Engebretsen was the only juror who the award was not sufficient, and Ms. Engebretsen's observations concerning what the other jurors allegedly said concerning non-economic damages are not corroborated by any of the other jurors, none of whom have come forward, but only by plaintiff's counsel. The Court therefore finds that Ms. Engebretsen's observations are insufficiently to support a find...