Excerpt: ...the plaintiff may amend his or her complaint only as authorized by the court's order. (People ex rel. Dep't. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785, [leave to amend complaint does not constitute leave to amend to add new defendant].);” see also, Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1015. Since this demurrer addresses the Unruh Act cause of action, not the IIED cause of action, it is not moot. The Flowers v. Prasad (2...

Excerpt: ...s suspension, allowing Mr. Wallace to return to work in the same unit as Plaintiff was appropriate, particularly when coupled with the threatening phone call Plaintiff received the same as Mr. Wallace's return and Mr. Wallace's subsequent allegedly intentional bumping into Plaintiff while Plaintiff was with a patient. (Disputed Fact #16, Plaintiff's Additional Fact #1, 7.) Summary Adjudication as to the Second Cause of Action for Sex Discriminati...

Excerpt: ...llows: “Real property claim means the cause or causes of action in a pleading which would, if meritorious, affect (a) title to, or the right of possession of, specific real property … .” The courts who have construed this definition have explained that a lis pendens may not be recorded in a creditor's action to impose a constructive trust or equitable lien on real property solely as a means of enforcing a debt. See e.g. Urez v. Superior Cou...

Excerpt: ...ara Office of Education (1990) 220 Cal.App.3d 702, 711 suggests the Court has the authority to make a finding of timeliness or untimeliness, and there may be cases in which that finding is premature. In this case, the Court has insufficient evidence to make a determination as a matter of law. The Court notes the issues are intertwined, but failure to present evidence of timely filing at this stage is not fatal to that issue, while failure to pres...

Excerpt: ...he discovery in this instance. The issue of Civil Code section 128.7 sanctions for the filing of the case has been ruled on. The issue of sanctions for the bringing of the appeal is not before this court. The case is ripe for final judgment, and has been so for some time. There is no issue outstanding for this court for which the RFA's will provide admissible evidence. Therefore, the Motion for Protective Order is GRANTED. The set of admission re...

Excerpt: ...pursuant to Code of Civil Procedure 1008, which requires new facts and/or new law. Plaintiff argues that an amended complaint provides new facts. Even if that were the standard, Plaintiff has not attached a proposed amended complaint. Therefore, at the time of Plaintiff's Motion for Reconsideration, there are no new facts or law for the Court to reconsider.” ...

Excerpt: ...nt to constitute a cause of action), it was not waived by defendant's failure to demur. (Id. at 340.) The Answer, when read as a whole, and particularly in context with the allegations of the Complaint, contains sufficient facts to put Plaintiff on notice of the basis of Defendant's claims. (Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6; South Shore Land Co. v. Peterson (1964) 226 Cal.App.2d 725, 733-34: “if one of the defenses or counte...

Excerpt: ...onstrated sufficient meet and confer efforts with regard to the requested depositions, as Plaintiffs' evidence reveals that they are amenable to proceeding with further deposition sessions pursuant to stipulation but seek additional clarification as to the scope of such examinations. Therefore, it appears to the Court that the potential exists for the parties to resolve these issues informally if substantive meet-and-confer discussions are conduc...

Excerpt: ...Starn Farms since his cell phone was associated with the business and he represented himself as Darryl Starn for business purposes. (Undisputed Material Fact #10; Plaintiff's Additional Facts ## 11, 12, 13, 14, 16.) When speaking with Plaintiff's private investigator, Troy Starn made a statement the dog was a biter and he testified he would never touch the dog. (Undisputed Material Fact #11; Plaintiff's Additional Fact #15.) Therefore, there are ...

Excerpt: ... 18 th, and 20 th causes of action. The Court finds that the Second Amended Complaint fails to state facts sufficient to support the stated causes of action. (Code Civ. Proc. §430.10(e).) Moreover, Plaintiffs have not demonstrated that they are able to allege additional facts that would be sufficient to overcome demurrer on these claims, and the Court concludes that they are unable to do so. With regard to the 5 th, 8 th, 16 th, 17 th, and 19 th...

Excerpt: ...rent outcome. Plaintiff alleges that she was subject to emotional distress to learning of the treatment of her son and being unable to remove him. This does not constitute intentional infliction of emotional distress when she was not present for the adverse events. Plaintiff further alleges three specific events that she says constitute intentional infliction of emotional distress: 1. The arrest by the police. 2. A telephone call in which the cal...

Excerpt: ...LED. (Complaint at ¶ 15.) Plaintiff was performing the work at the CVC facility undertaken SolarLED. (Complaint at ¶¶ 14, 16.) Plaintiff was injured while performing the work within the course and scope of his employment with SolarLED. (Defendant's Undisputed Material Facts (“UMF”) # 3 [based on Plaintiff's verified Responses to Special Interrogatories, Set One, No. 3] and undisputed by Plaintiff.) The scope of the work undertaken by Solar...

Excerpt: ...igeon's person and heroin in a napkin on his seat. Mr. Pigeon's passenger also had a large sum of cash. Mr. Pigeon's home was then subject to the probation search and paraphernalia consistent with drug sales (i.e. scale, baggies, large quantities of cash in smaller bills) was found. Mr. Pigeon's criminal case (CR-19-000041) resulted in a guilty plea to Cal. Health & Safety Code 11378 (possession for sale) and his conviction was entered on Novembe...

Excerpt: ...pursuant to the notice. Therefore, Plaintiffs are entitled to an order compelling the appearance of Defendant's Person(s) Most Knowledgeable at the location chosen by Plaintiffs within the statutory mileage limitations. (Code Civ. Proc. §§2025.250, 2025.450(a).) Counsel shall meet and confer to select a mutually agreeable date to complete the deposition, which should occur no later than June 18, 2021. With regard to specific issues presented by...

Excerpt: ...addition, Defendants are entitled to recover allowable costs pursuant to Code Civ. Proc. §§1032 and 1033.5. Therefore, Court exercises its discretion in determining the award, as follows: Hours Reasonably Worked – Regarding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records,that the hours claimed were reasonably incurred and substantially contributed to the ult...

Excerpt: ... to Enforce Settlement Agreement – STAYED. a) and b) DENIED. Southwest Law Center's Notice of Appeal filed on April 16, 2021 does not relate to APMI/Alamo Surgery Center's Cross-Complaint, and therefore, these Motions are not stayed. (Cal. Civ. Pro. 916.) The Court finds that the Cross- Complaint is not compulsory, and therefore, the Motion to Strike the Cross-Complaint in its entirety on this basis is denied. The Court also finds that the Cros...

Excerpt: ...�that discovery be essentially self-executing.” (Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 402, internal quotations and citations omitted.) Generally, then the parties are free to use any of the statutory methods, in any sequence, and since neither the discovery nor the responses are filed with the court, the court does not consider the propriety of the demands or adequacy of a response un...

Excerpt: ... is aware that Plaintiff has also filed a Motion to remove the action to federal court, no such removal has occurred nor is there any evidence a federal complaint was actually filed. Therefore, at the time of Plaintiff's Motion for Reconsideration, there are no new facts or law for the Court to reconsider. ...

Excerpt: ...ords that the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) Therefore, the hours claimed by Plaintiff's counsel are approved as reasonable in this contest. Reasonable Hourly Rates – In its determination, the Court has considered the skill and experien...

Excerpt: ...n which CCP section 128.7 is based applies only when an entire pleading is frivolous, not when one sub-part is baseless. Plaintiff has provided no specific evidence of what additional costs will be incurred if affirmative defenses 1-5, 7-8, 10- 16, 18-21, 23-28, 31-38, and 40 are pursued. There is also no evidence the affirmative defenses lacked factual support at the time the Answer was filed. If this sort of piecemeal motion were permissible, a...

Excerpt: ...ations as alleged in paragraph 22 of the Complaint. (Hudson Decl. Exh. A.) Therefore, defendant argues that Plaintiff and her counsel lack a good faith basis to bring the Complaint. Plaintiff, however, submits her own declaration, stating that during her hiring process she was required to undergo a criminal background check as a condition of employment. She states that Patrick Warden of Defendant's Human Resources Department presented her with a ...

Excerpt: ...e Court finds his claimed lack of custody or control of the subject documents to be disingenuous. Finally, having considered Defendant's objections based on privacy concerns and the provisions of Civ. Code §3295, the Court finds that the subject discovery appears to relate to the central issues in the case, such that the law favors disclosure in instance. (See, e.g. Rawnsley v. Superior Court (1986) 183 Cal.App.3d 86.) Therefore, Defendant shall...

Excerpt: ...ard and Plaintiff is ordered to provide such verification within 14 days. With regard to the request for an order compelling further responses to Demand for Inspection of Documents, Set Two, the Court finds that Defendant's motion is deficient in that no separate statement was submitted as required by Code Civ. Proc. §2031.310(b) and Cal. Rules of Ct., rule 3.1345. Therefore, the motion is DENIED in that regard. Lastly, Defendant has failed to d...

Excerpt: ...robate Code sections 859 and 21380(d) as well as Welfare & Institutions Code section 15657.5(a). Additionally, Petitioner Alexis Arsenio is awarded costs in the amount of $3,461.68. Petitioner filed a memorandum of costs on March 4, 2021 and there has been no motion to tax/strike costs filed. Therefore, the Court awards a total of $53,713.18 in fees and costs to Petitioner Alexis Arsenio in her capacity as successor trustee of the Arsenio Family ...

Excerpt: ... and to the opposition show that while defense counsel originally offered that both parties' discovery dispute be resolved simultaneously, Plaintiff's counsel declined. Thereafter, the extensions of time to file a motion to compel were expressly limited to Plaintiff's deadline to file such a motion(s) against Defendant(s). Both parties affirmatively identified such express limitation in January 2021. The deadline for Defendant to file the instant...