Excerpt: ...bitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement." Petitioner Central Valley — Sierra Associates ("CVSA") is correct in contending that there is an overarching lev...

Excerpt: ...ery and all objections have been waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Petitioner is entitled to an order compelling Mr. Joefield to prov-de answers, without objection, to the subject discovery within 30 days. (Code Civ. Proc. S 2030.290(b).) (b) The Court finds that Real Party in Interest has entirely failed to respond to the subject discovery and all objections have been waived (Code Civ. Proc. S 2031.300(a).) Therefore, Petitione...

Excerpt: ...law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) The Court also considers matters that can be judicially noticed. (Ibid.) The Court sustains the demurrer on the following grounds: (1) Plaintiff has not demonstrated that she complied with the Government Claims Act; (2) the pleading is barred by the statute of limitations; and (3) Defendant Lucas is protected by quasi-judicial immunity with regard to the allegations in the First Amended Complaint...

Excerpt: ...aintiff Eileen Duarte filed a complaint for "reformation of deeds, cancellation of deeds and declaratory relief." Eileen alleges in the complaint that she is the sole trustee of the Duarte 1993 Trust, created by Joe and Mary Duarte. Eileen is one of Joe and Mary's three children — the other two are her sisters Defendants Irene (Duarte) Nelson and Kathleen (Duarte) Elliott. During Joe and Mary's lifetime, they transferred three parcels of proper...

Excerpt: ... Special Interrogatories, Set One and Request for Sanctions —GRANTED IN PART AND DENIED IN PART; d) Plaintiff's Motion to Compel Further Responses of Defendant Secret River, Inc. to Request for Production of Documents, Set Two and Request for Sanctions —GRANTED IN PART AND DENIED IN PART; e) Plaintiff's Motion to Compel Further Responses of Defendant Smart Management & Co., Inc. to Special Interrogatories, Set One and Request for Sanctions �...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...sexual abuse by the Perpetrators on Plaintiff which was reported to Defendant between January 1, 1997- 2001. The Court finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter under Penal Code 511164-11174.3, Child Abuse and Negligent Reporting Act (CANRA), when Plaintiff allegedly made his second report of sexual abuse by William and David Shook to Defendant. Accordingly, Defendant's Demurrer to Pla...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ... to contain contract specifics inclusive of the date renders the complaint fatally vague. Second, the failure to allege a contractor's license causes the complaint to fail as currently pled. (See Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies (2017) 12 Cal.App.5th 842.) The Court is skeptical that expert testimony is necessary. Plaintiff's contenton that the contractor's license is necessary is not supported by the Space X ca...

Excerpt: ...ave not yet received the Bills of Sale. Without the Bills of Sale, performance cannot occur, and the cause of action for breach of contract has not yet accrued. Defendants therefore have defeated their own sham pleading argument because their admissions demonstrate that the correct cause of action here is anticipatory breach, not actual breach. The cause of action is not barred by the statute of limitations. The statute of limitations on a cause ...

Excerpt: .... Atlantic Richfield Co. (2001) 25 cal. 4th 826, 850). Accordingly, Defendant's motion for summary adjudication as to the lack of Defendant's liability to Plaintiff as a matter of law because Kevin Ray Zanders was not acting within the scope of his employment he engaged in tortious conduct towards Plaintiff, is hereby granted. (Aores v. AutoZone W„ Inc., (2008) 161 cal. App. 4th 373, Mary M. u City ofLos Angeles (1991) 54 cal.3d 202). The Court...

Excerpt: ...ch appears to include issues the Court has already resolved. Terry says the Court has no discretion to do anything other than grant her motion. She is wrong. First, she says that under Marriage of Woolsey (2013) 220 Cal.App.4th 881 at 898, the permissive "may" in S 664.6 becomes a "shall," if the Court finds the settlement enforceable. The Court was unable to find this language and is unconvinced. But more to the point, the Court has already foun...

Excerpt: ...dly injured in the accident and the timeframe for the medical records to 15 years before the date of the accident. The request for a protective order is DENIED, as the specifics of a protective order were not addressed in the motion. If counsel wish to agree on a protective order, the Court is likely to enter one. The Court views the limitation at 15 years and the body parts involved as sufficient given the facts of the case. The initial request ...

Excerpt: ...ubstantial probability exists that the overriding -nterest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restri ctive means exist to achieve the overriding interest. The overriding interest here is the "highly confidential" and "commercially sensitive" information contained in the declarations filed by Mr. Hughes and Mr. Retsloff in support ofthe settlement negotiations between Plai...

Excerpt: ...ff's Motion for Orders Compelling Responses to Requests for Admission Set One and Awarding Sanctons of $2,600.00 Against Defendants and Their Attorney of Record Michael Warda —GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to plaintiffs second set of form i...

Excerpt: ...rified that when — as is the case here - a petition challenges the disinheritance of a beneficiary from a trust, the petitioner has "limited stand-ng" to challenge the validity of the trust instrument which disinherited him. Therefore, the Court must first decide the "threshold issue" of the validity of the trust instrument which disinherited Petitioner here the Second Amendment to the Trust. If the trust amendment pursuant to which the benefic...

Excerpt: ...12/29/23 at 8:30 am in Department 22 is ADVANCED and CONTINUED to 1/12/24 at 8:30 am in Department 22, to be heard concurrently with the motion to award costs. MOTION FOR NEW TRIAL: The Court will hear arguments on the following issues: 2. Special Verdict Form Responses re Vicarious Liability: The Court notes that Plaintiff failed to address this argument in his opposition. The Court would like to hear from the parties on this Issue. Damages Awar...

Excerpt: ... in its previous order of 10/4/23 warned Defendant that further failure to comply with the Court's orders could result in the imposition of more stringent sanctions up to and including terminating sanction. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., (2020), 56 Cal. App. 5th 771). Accordingly, Plaintiff's application for issue sanctions to be imposed against Defendant is hereby granted. The allegations of Plaintiffs complai...

Excerpt: ... for Admissions Set No. Admitted and Request for Order Awarding Monetary Sanctions Against Defendant— GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to Plaintiff's Request for Production of Documents, Set One, is granted pursuant to Code of Civil Procedure ...

Excerpt: ...Production of Documents; Request for Sanctons— GRANTED, and a) The Court finds that Plaintiff entirely failed to to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (Code Civ. Proc. S 2030.290(b).) The Court further finds that Defendants are entitled to an award of monetary sa...

Excerpt: ... the arbitration proceedings. The representative claims in the class action complaint are dismissed. Both the individual and representative portions of the PAGA complaint are stayed pending arbitration. a) Defendant contends that California law is pre-empted in these complaints by the Federal Arbitration Act ("FAA"). Plaintiff does not dispute Defendant's contention that it is engaged in interstate commerce within the meaning of the FAA and thus ...

Excerpt: ...dant Fulmer Pursuant to California EVIDENCE Code Section 1043 - GRANTED in part and DENIED in part. a) Plaintiffs' motion is GRANTED in part and DENIED in part. Plaintiffs' motion to compel responsesto the three questions set forth in the notice of motion and motion is GRANTED. Any issues, questions, or "matters of first impression" arising during the meet and confer process which occurred after the Court initially heard the Plaintiffs' motion an...

Excerpt: ...p.4th 118). The Court finds that Plaintiff, as the prevailing buyer under Code of Civil Procedure 51794 (d), is entitled to the award of reasonable attorney's fees incurred in the prosecution of Plaintiff's Song Beverly Act Claim herein. The Court also finds that the pre-engagement activity undertaken by Plaintiff's Counsel prior to signing Plaintiff on as a client is compensable. (Hogar Dulce Hogar v. Cmty. Dev. Com. of City of Escondido, (2007)...