Excerpt: ...nterrogatories, Set One is GRANTED as to Numbers 15.1 and 17.1. The objections are untimely and have been waived. The responses are evasive and warrant a further response that is statutorily compliant. Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One is DENIED as to Numbers 2.11, 2.12, 2.13, 4.1, 4.2, 12.1, 12.2, 12.3, 12.7, 13.1, and 14.1. Defendant's January 30, 2021 amended responses withdrew the objections at is...

Excerpt: ...ause the evidence and case law cited in the Reply is new, Defendant must be afforded an ample opportunity to respond. Therefore, this Court continues the hearing on Plaintiff's Motion for Summary Adjudication as to these causes of action only, as well as Defendant's Objections to the Evidence and Plaintiff's Reply Objections to the Evidence to Wednesday, June 9, 2021 at 8:30am in Department 22. Defendant's Response is due 14 days before the conti...

Excerpt: ...acts. The Court has considered the following Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488 factors: 1. The amount in question operates as a relatively small percentage of the claimed damages. Walsh & Simmons' argument regarding lost income appears sound, but special and general damages remain substantial. Nonetheless, it is unclear what liability there is or what the chances of success are at trial. The supplemental filings ...

Excerpt: ...ipient witness identified as “Fabiola.” The defense has demonstrated entitlement to discovery on these issues, and the Court finds that Plaintiff's asserted privacy concerns do not outweigh the right to discovery in this instance. The Court finds that the questions regarding counsel's referral of Plaintiff to certain health care providers qualify as prima facie confidential communications pursuant to Evidence Code §952, and Defendants have n...

Excerpt: ... property in the separate statement. This view appears mistaken. An allegation of interference with the property is not the same as an allegation of full conversion. 2. Plaintiff contends that the quiet title action would not affect easements. In fact, quiet title is often used against adverse easement claims. (See: Hansen v. Sandridge Partners, L.P. (2018) 22 Cal.App.5th 1020, 1033-1034: quiet title judgment for prescriptive easement establishes...

Excerpt: ...§15610.23 excludes acute conditions caused by alcohol dependency is not supported by the cases cited or even by subsection (b) of §15610.23 referring to health facilities defined in Cal. Health & Safety Code 1250.3 (“chemical dependency recovery hospital,” providing inpatient care for persons dependent on alcohol (and/or drugs)). Since Plaintiff alleges the decedent was grossly impaired and actually under the influence of alcohol at the tim...

Excerpt: ...demonstrates that Cross-Defendant Staffing Solutions Inc.'s failure to respond to the amended cross-complaint was the result of “mistake, inadvertence, surprise or excusable neglect” as set forth in Code of Civil Procedure section 473(b). Furthermore, contrary to opposing counsel's arguments in opposition, the discretionary provisions of Section 473(b) are available under these circumstances. “Discretionary relief may be granted for excusab...

Excerpt: ...s matter. Therefore, the Court presumes that the motion is directed against its order dismissing the action on 6-5- 2020. Plaintiffs have failed to set forth any facts or admissible evidence in support of their request for relief herein. Therefore, they have failed to demonstrate sufficient grounds for the relief requested and the motion is DENIED. (b) The motion is moot in view of the Court's above denial of the concurrent motion to set aside th...

Excerpt: ...ials.” The documents to be produced pursuant to the subpoenas are otherwise to be produced with the following modifications: Report cards, student transcripts, scholastic testing records, and teacher comment cards are limited to January 1, 2015 through the present. Office visits, disciplinary records, absence records, incident reports, medical records, and counseling evaluations are limited in scope to the same extent the parties have already a...

Excerpt: ... must be pleaded with particularity. This means that the pleading must allege every fact material to the existence of the entity's alleged statutory liability, and such facts must be sufficient to show that the cause(s) of action lie outside the breadth of any statutory immunity. (Soliz v. Williams (1999) 74 Cal.App.4 th 577, 584.) Here, Plaintiffs fail to allege any specific facts that support the City's alleged liability under the identified st...

Excerpt: ...ee also Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908 – “Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief.”) Therefore, the motion is DENIED as to the First Cause of Action. With regard to the contract and quiet title claims, these appear to rest on the allegation that the parties entered into an oral agreement with regard to Plaintiff...

Excerpt: ...ion appears to acknowledge that notices were served for PMK depositions on all 3 subjects described in the papers herein. With regard to the depositions described as #s 1 and 2 (PMK depositions with regard to (1) Defendant Gurney's training of Defendant Mendoza, and (2) Defendant Gurney Trucking's safety training, safe driving protocols, safety meetings, and disciplinary protocols regarding unsafe driving), defense counsel's declaration demonstra...

Excerpt: ...ers 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, and 53 are GRANTED. Responses and production, if any, are due served within 20 days of the signed order. Request for Production numbers 17, 18, 29, 30, 31, 32, 50, 51, and 52 are DENIED. These requests seek documents protected from disclosure based on the taxpayer privilege and third-party constitutional rights to privacy. (Cal. Const.,...

Excerpt: ...ourt does not have discretion to dismiss an action where the events specified by the statute have not occurred. (See, e.g. Roman v. Usary Tire & Service Center (1994) 29 Cal.App.4 th 1422.) Even if the Court has discretion here, the Court finds that the reasons for the delay outweigh any detriment to Defendants. ...

Excerpt: ...subject materials. However, the scope of the production should be limited in time from the start of the previous academic year (fall 2017) through November 28, 2018. In addition, any such documents should be treated as confidential and dissemination outside the purposes of this litigation is prohibited. Lastly, the Court has concerns about the identification of additional non-party students in the documents to be produced and instructs that the s...

Excerpt: ...inds that Defendant has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §§2031.300(a).) Therefore, Plaintiffs are entitled to an order compelling Defendant to provide answers, without objection, to the subject discovery within 14 days. The Court further finds that Plaintiffs are entitled to an award of monetary sanctions in connection with Defendant's failure to respond to the subject di...

Excerpt: ...here a valid agreement to arbitrate and, if so, (2) does the agreement cover the dispute or claims at issue? If the answer to both of these questions is yes, then a court must compel arbitration. (See e.g. Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960.) In addition, the Court specifically finds that there is not a risk of conflicting or inconsistent rulings as set forth in Code of Civil Procedure section 1281.2(c) and (d). In Plainti...

Excerpt: ...s filed in bad faith or for the purposes of harassment. Bad faith is “only” found if it is demonstrate that the pleading was filed due to “the conscious doing of wrong because of dishonest purpose or moral obliquity…it contemplates a state of mind affirmatively operating with furtive design or ill will.” (United States v. Manchester Farming Partnership (9th Cir. 2003) 315 F.3d 1176, 1183.) The issue of standing appeared to be treated as...

Excerpt: ...egard to other factors, including the strength of the interest, the seriousness of the invasion, and the availability of alternatives and protective measures. (Id., at 558.) Here, while Cross-Defendant's employees have a recognized privacy interest in their personal information, contact information has not been found to be particularly sensitive. (Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4 th 360, 372.) In addition, the pro...

Excerpt: ...t of the ballpark” as to be inconsistent with the equitable objectives of §877.6. (Ibid.) Therefore, pursuant to Code Civ. Proc.§ 877.6, a dismissal with prejudice is entered in favor of Hisun Motors Corp. USA as to any Complaints or Cross-Complaints presently on file, or deemed filed, against it. All existing or future claims by any party, joint tortfeasor, or co-obligor against Hisun Motors Corp. USA for implied indemnity, equitable indemni...

Excerpt: ...deposition questioning of Defendant, at a minimum, with regard to the paystub documentation and video footage information that was produced/disclosed subsequent to the initial deposition proceeding. However, the Court finds that there are preliminary issues with regard to Defendant's initial responses to certain production requests (and subsequent refusal to identify or produce any such documents) that require resolution in order to determine whe...

Excerpt: ...much smaller incursion toward the rear of the property. The location and degree of incursion are represented on a map prepared by Plaintiff. Defendants engage in some regular use of the subject property. The Court, in order to impose summary judgment on the Quiet Title action, would have to rule on the easement issues which are likely to involve literal line-drawing. For the reasons outlined below, there remain contestable issues of fact on both ...

Excerpt: ...minent domain action after a project is started or even completed, and the City even cites to the applicable statutes by which a court order for prejudgment possession is obtained in such proceedings, the City of Modesto failed to avail itself of such timely proceedings. The City of Modesto opted to purchase the property interests at issue rather than commence eminent domain proceedings. It cannot now obtain a right to condemn the same property i...

Excerpt: ... at deposition is GRANTED as to Requests 2 through 6 and DENIED, without prejudice, as to Request 1. 3. Defendants' objections to the document request are OVERRULED as to Requests 2 through 6 and SUSTAINED as to Request 1. 4. It appears no issues remain as to the prior motions. As to the deposition, it appears that Defendant has offered deposition dates and Plaintiff has not chosen to go forward pending the motions to compel documents. Unless Def...

Excerpt: ...t Pacifica Senior Living Management LLC; Request for Sanctions in the Amount of $1,660.00; d) Plaintiffs' Motion to Compel Responses to Interrogatories from Defendant St Pauls Modesto, LP; Request for Sanctions in the Amount of $1,660.00; e) Plaintiffs' Motion to Compel Responses to Interrogatories from Defendant St Pauls Way, LLC; Request for Sanctions in the Amount of $1,660.00; f) Plaintiffs' Motion to Compel Responses to Interrogatories from ...