Excerpt: ...pute in this case is whether an offset is warranted. The fees listed appear to be due to the City of Patterson under the terms of the agreement. The City is acting as a pass-through for the funds, but appears to exercise control over tho se funds and thus the parties are not the same despite the pass-through arrangement . The Court is also unconvinced that the current amount allegedly owed by Plaintiff is probably valid. Defendant refers to porti...

Excerpt: ...interim. Plaintiff's actions delayed this case without good cause to do so, and counsel is cautioned that the Court has an affirmative obligation to ensure cases are completed timely and to prevent recurrences in the future. This paragraph is designed to achieve that objective . The Court tends to agree with Plaintiff that the phraseology in the Notice of Motion is not ideal, but it does make clear that there is a challenge to the dangerous condi...

Excerpt: ...r im a r y is s u e s r a is e d in t h e first de murre r . First Cause of Act ion: Bre ach of Cont ract . At the pleading stage, the Court d e c lin e s t o f in d t h a t in t e g r a t io n o f t h e t e r m s in t h e e m a ils is n e c e s s a r ily v o id . Whether a collateral agreement is intended to be a part of the bargain is based on the totality of t he circumstance s. ( Ma st erson v. Sine (1968) 68 Cal.2d 222). Defendant argues tha...

Excerpt: ...ly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) “Recklessness” refers to a subjective state of culpability greater than simple negligence, which has been described as a “deliberate disregard” of the “high degree of probability” tha...

Excerpt: ...e of the claim. Defendants can now use discovery to uncover the specific, evidentiary facts that Plaintiff contends supports the ultimate fact. As for the element of hostility, that is a question for the trier of fact. Second Cause of Action Overruled. The fact that Plaintiff alleged in another complaint the existence of another easement to the same parcels of land is not a conclusive admission that such easements ever existed or do in fact exist...

Excerpt: ...Construction LLC dba Solgen Electric. She discussed this with them in November, 2022. She received a loan from WebBank, obtained via an electronic lending platform operated by Solar Mosaic LLC to pay for the solar roofing, on recommendation of Solgen. Plaintiff alleges she signed a contract on December 2, 2022, the same day she was provided the contract, in her First Amended Complaint. In her declaration opposing this motion, she says she was ask...

Excerpt: ... merits, Moving Party objects on the grounds of (1) privacy, and (2) lack of standing. Neither argument is persuasive. One of the chief allegations in this case is that Respondent abused the power-of-attorney agreement to use the proposed conservatee's funds and assets for his own benefit. That makes the information sought quite relevant to this case. While there is a state constitutional right to privacy applicable to financial records, that rig...

Excerpt: ...finds that the opposing parties have met their burden in this regard. With regard to the existence of a dangerous condition, the opposing evidence demonstrates material factual disputes about the nature and severity of the subject condition which prevent this issue from being adjudicated as a matter of law. (See, at a minimum, Plaintiff's response to UMF 11 and Plaintiff's Additional Facts.) With regard to the issue of notice, the opposing eviden...

Excerpt: ... separate statements, and the contnuance is intended to allow Defendant to submit a supplemental opposition responding to the same by the opposition deadline as calculated from the continued hearing date. The Court does not view the failure to timely submit a separate statement as merely procedural; separate statements give the Court and the other party necessary information. The Court anticipates the issues will be narrowed prior to the hearing ...

Excerpt: ...ing that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer." (Ca. Law and Motion Authorities S 29:5A). Furthermore, if a demurrer is sustained and the complaint is amended, no subsequent demurrer can be brought ...

Excerpt: ...iate for determination on demurrer. Moreover, the instant demurrer is not the proper procedural vehicle for a challenge to Plaintiffs' ability to claim punitive damages. (See, e.g. Grieves v. Superior Court (Leonard L. Fox) (1984) 157 Cal.App.3d 159, 163.) Defendants' Request for Judicial Notice is GRANTED as to the existence and contents of the subject court records. (Sosinskyv. Grant (1992) 6 Cal.App.4th 1548.) However, the Court finds that the...

Excerpt: ...e to the First Amended Complaint as a whole. Most of these arguments have either been made, or were available to be made against the initial complaint. The appearance of an amended complaint does not resuscitate rights to a demurrer which have been otherwise forfeited. Uncertainty A demurrer for uncertainty should be sustained only where the pleading is so unintelligible that the defendant cannot reasonably respond. (See Khoury v. Maly's of Calif...

Excerpt: ...y and as Plaintiff would not have an opportunity to respond to said issue, considerations of fairness require the Court to decline to consider that issue. Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 765 ; United Grand Corp. v. Malibu Hillbillies, LLC, (2019) 36 cal. App. 5th 142.) The court also notes that Defendant's request for judicial notce was not, as is required, made by a separate document listing the items for which notice is requeste...

Excerpt: ...iled a Private Attorneys General Act (PAGA) action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court. (Adolph v. Uber Techs., Inc., (2023) 14 Cal. 5th 1104; Cal. Lab. Code S 2699(c)).Accordingly, the Court finds that Plaintiff herein may still maintain his non-individual claims in state court. However, in relia...

Excerpt: ...quests. Counsel is cautioned that such combined motions are disfawred and will be rejected when submitted for filing in the future. At the hearing on this matter, the Court is inclined to continue all of the discovery motons set through the end of this month and in February to February 29, 2024 at 9:30 a.m. and may require personal appearances by counsel. At that hearing, the Court might appoint a discovery referee. The Court is dissatisfied with...

Excerpt: ... efforts to meet and confer with regard to the disputed requests. Counsel are reminded that discovery is intended to be self-executing and are instructed to continue to meet and confer in good faith, in person or by telephone, with the goal of narrowing and/or resolving the disputes herein. In addition, the Court recognizes the relevance of the requested discovery with regard to the identification of information and materials concerning other stu...

Excerpt: ... against all claims by Super Store Industries arising out of or in connec
Ÿon with Top Quality and Fireplace's work on the property located at 2600 Spengler Way, Turlock California. , except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontractor, or their other agents, other servants, or other independent contractors...

Excerpt: ...nder in Defendants Jacob Zensen/Sweep-Rite INC.'S Motion for Protective Order, and Defendant Issac Villareal JR.'S Joinder in Motion for Sanctions and Appointment of Discovery Referee - HEARING REQUIRED. a-c) HEARING REQUIRED. The Court intends to designate this as a complex case. At the hearing on this matter, the Court is inclined to continue all of the motions set throughout February to Wednesday February 21, 2024 at 1:30 p.m. and require pers...

Excerpt: ...Petitioner personally asserts that "l also believe that the ALJ was biased against me because she did not consider any of my evidence, but just accepted everything the accusers said." PROCEDURAL SUMMARY Petitioner operates a day care with one regular long-term employee, Kelly Buttram. Respondent intended to revoke her day care license, and a hearing was held in front of Administrative Law Judge Karen Reichmann on June 21 and June 22 of 2023. Judg...

Excerpt: ... are also uncertain as to the moving defendants. (CCP S 430.10(e) & (f), California Rules of Court, Rule 2.112, Khoury v. Maw's of Calif, Inc. (1993) 14 Cal.4th 612, 516, (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 cal.5th 577, 695, Williams u Beechnut Nutrition corp. (1986) 185 cal.3d 135, 139). Furthermore, due to the inconsistent allegations contained in Plaintiff's complaint, specifically, Plaintiff's allegations ...

Excerpt: ...at Defendant Kevin Ray Zanders has failed to respond to Plaintiff's properly propounded Special Interrogatories, Set One, or at all, without justification. Accordingly, Plaintiff's application is hereby granted. Defendant shall provide verified responses to the propounded discovery without objection within fourteen (14) days of the date of the Court's order. Any objections by Defendant to said discovery are hereby waived. (Code of Civ. Proc. SS 2...

Excerpt: ...$82,845 for attornevs fees and $2,810.45 in costs. Paragraph 5 of the Settlement Agreement allows Plaintiffs Counsel to recover his fees and costs for both actions from Defendant Bob Harkrader & Sons Trucking, Inc., with a guaranty from Jacob Harkrader and Robin Harkrader. The Court deems the appropriate market rate in this case to be $450 per hour, taking into account Counsel's experience and the risks inherent in these types of cases. The numbe...

Excerpt: ...irst Amended Complaint. Therefore, the Court finds that the Second Amended Complaint fails to state facts supporting the 2nd, 5th 6th 7th 8th 9th, 12th, 13th, 14th, 15th, 16th, and causes of action 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. ...

Excerpt: ...e the above-mentioned procedural deficits, the Court has reviewed the substance of the moton and finds that Plaintiff, as the moving party, has failed to meet her initial burden of demonstrating entitlement to judgment herein. Specifically, expert medical testimony is required to support Plaintiff's claim for medical negligence in this context, and no such testimony has been provided. (Hanson v. Grode (1999) 76 cal.App.4± 601, 605-607.) Further,...

Excerpt: ...nes and limitations should be placed? The Court will not continue this case again. Plaintiff gives a more substantially complete recitation of the procedural history. Defense expert Dr. Pereira examined Plaintiff on January 14, 2022 and issued a report on January 26, 2022, asserting expertise on Chronic Regional Pain Syndrome (CRPS) and asserting that Plaintiff likely did not suffer this condition. Plaintiff's expert, Dr. Ol_aughlin, examined Pla...