Excerpt: ...on v. Mohamad, case No. CV-22-00032. The Court views it as likely that it will DENY the motion and stay the Hodgson case. The Court is somewhat confused in that all of the pleading reference a jury trial. However, demands for specific performance are not entitled to a jury (See: Darbun Enterprises v. San Fernando Community Hospital (2015) 239 cal.App.4± 399.) If Khan is successful, Hodgson would have a right to have the remainder of the case hea...

Excerpt: ...as submitted conditionally under seal) does not comply with the requirements of Code Civ. Prtw S 2015.5; therefore, it does not presently constitute admissible declaration evidence. Therefore, defense counsel shall be prepared to submit such evidence in a Code-compliant format at the time of the hearing. In addition, defense counsel shall be prepared to meaningfully discuss the potential effectiveness of a brief further continuance on Mr. Burchel...

Excerpt: ...uses of Action of Plaintiff's Complaint— GRANTED in part and DENIED; d) Plaintiff's Verified Application of Samuel A. Harding to Appear as Counsel Pro Hac Vice and Take Part in Case with Local Counsel —HEARING REQUIRED. a) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted in compliance with California Rules of Court, rule 9.40. b) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted...

Excerpt: ...CM991. On November 17, 2022, the Court dismissed Case No. PR-22-W021 without prejudice. The moving and opposing papers were only filed in Case No. not in the active case, which is Case No. PR-21- OW991. Therefore, the Court is ordering the clerk to image the moving and opposing pa#rs in Case No. PR-21-cm991. Petitioner is appealing the Court's denial of petitioner's Motion to Set Aside the Spousal Property Order. See Opposition, Exhibit A - The C...

Excerpt: ... the basis of medical records now available to Plaintiff and submitted to the Court, that Plaintiff was admitted to Defendant Almond Vista Healthcare Center's facility on June 29, 2022, and that the arbitration agreement between the parties was dated June 29, 2022. The Court also finds that Plaintiff has clarified that his allegations of elder abuse, specifically, the allegations of the unnoticed development of maggots in Plaintiff's wound, arose...

Excerpt: ...without leave to amend on demurrer, or a motion for summary judgment, on the ground the complaint does not adequately raise that legal theory of liability. (Smith v. Wells Fargo Bank, N.A. (2005), 135 Cal.App.4th 1463, modified on denial of rehearing, review denied, on remand 2007 WL 5165852). Consequently, the Court finds that Plaintiff's failure to raise a Labor Code section 558.1 legal theory in his complaint is not fatal and is not a basis to...

Excerpt: ...SUSTAINED. The assertions are vague as to the manner in which this was received. Objection 4: The Foundational objection is SUSTAINED. The Court notes that the declaration asserts without evidence that this is a picture prior to the breaking of the dial. Plaintiff has demonstrated Mr. Buske's status as a retained consultant to Plaintiff's counsel prior to the designation of experts in the matter. Therefore, Defendants' right to obtain discovery f...

Excerpt: ...D, and unopposed; sanctions reduced. (a) The Court finds that Defendant entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. SS 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 30 days. (Code Civ. Proc. SS 2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connect...

Excerpt: ...ject discovery and all objections have been waived. (Code Civ. Proc. "2030.290(a).) Therefore, Petitioner is entitled to an order compelling Mr. Bazan to provide answers, without objection, to Form Interrogatories, Set One within 30 days of service of notice of entry of the Court's order. (b) The Court finds that the Claimant, Gabriel Bazan, has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Pr...

Excerpt: ... Court is mandated to seriously consider even unreasonably late amendments and to assess the potential prejudice of granting such an amendment. Defendants outline additional discovery that would need to be undertaken but concede that those issues would be resolved with a continuance of the trial date. Given the slight or non-existent prejudice due to the lateness of the filing, the Court believes it is constrained to grant the motion. There is a ...

Excerpt: ...s: At any time after notice of pendency of achon has been recorded, any party...with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. ...Evidence or declarations may be filed with the motion to expunge the notce. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affect...

Excerpt: ...s' withdrawal of this portion of their motion leaves only the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. at issue. As to the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. the Court GRANTS the Defendants' motion to compel responses, as modified to "all grower statements/invoices from 2011 to present evidencing the amounts charged to and paid by Stewart Ranches Partnership a...

Excerpt: ...party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code S 2025.310). The Court finds that Plaintiff's remote deposition will not inhibit Defendant's Counsel's ability to confer with Defendant in the course thereof or during breaks. The Court further finds, in light of Plaintiff's expressed concerns about Defendant's physical presence causing her anxiety and emotional distress, that...

Excerpt: ...egal duty, breach of that duty by the Defendant, and damages caused by the breach. Plaintiff's complaint fails to state facts sufficient to state the necessary elements of her presumed cause of action (or any cause of action). Additionally, a cause of action for personal injury accrues at the time of the injury. (Wassmann v. South Orange County Community College District (2018) 24 Cal.App.5th 825). A two-year limitations period applies to an acti...

Excerpt: ...found that Song-Beverly claims are arbitrable. Also, plaintiff has not shown that he would be prejudiced by the arbitration of his claims. The Motion as to Central Valley Nissan Defendant Central Valley Nissan has shown that on July 1, 2017, plaintiff Rodney Borba purchased the 2020 Nissan Titan at issue in this case from Central Valley Nissan, as memorialized by a Retail Installment Sale Contract—Simple Finance Charge (with Arbitration Provisi...

Excerpt: ...regardless of their professional stand-ng, to carry out their custodial obligations. (Cal.Welf. & Inst.Code S 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" that an injury will occur (BAJI No. 12.7...

Excerpt: ... Discovery Referee— a) Plaintiff Harpreet Dhaliwal's Motion to Com#l Responses to Form Interrogatories, Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee being appointed by the Court on this date. b) Plaintiff Harpreet Dhaliwal's Motion to Compel Responses to Requests for Production of Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee appointed by the Court on this date. c) Plaintiff Har...

Excerpt: ... preventing judgment or adjudication of the subject claims. With regard to the Second and Third Causes of Action, the Court finds that Plaintiff has failed to carry his burden with regard to the element of causation. Specifically, Plaintiff submitted no admissible evidence establishing that the Defendant's alleged negligence proximately caused the death of Plaintiff's decedent. Therefore, the motion for summary adjudication is GRANTED as to those...

Excerpt: ...a) The judgment may not be enforced; (b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease; and (c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished. As an alternative to filing an application for renewal of judgment, Code Civ. Proc. § 683.050 allows for the bringing of an action on a judgment within the 10-year deadline as specified in Code ...

Excerpt: ...Dunes. Although Hisun settled with plaintiffs, Hisun remains a party to the action by virtue of its cross-complaint against L&K, as well as L&K's cross-complaint against Hisun. Before the Court this day is the continued hearing on Hisun's motion to “sever” (more accurately, to bifurcate) the cross- complaints. Bifurcation services two principal purposes: first, to prevent a waste of time and money resulting from a trial of unnecessary issues;...

Excerpt: ...Defendant's medical expert, Dr. Marks, on the issues of standard of care and causation are conclusory, speculative, and unsupported by a reasoned explanation of the factual bases for his stated conclusions. (See, e.g. Doe v. Good Samaritan Hospital (2018) 23 Cal.App.5th 653, 662.) In addition, assuming arguendo that Defendant's moving evidence was sufficient to shift the burden to Plaintiff to introduce admissible evidence demonstrating the exist...

Excerpt: ...CACI 204 at trial. The use notes of CACI 204 encourage case-specific instructions. This may not have been intentional, but the evidence is likely sufficient for the issue to be analyzed by the jury. The history appears to be as follows: Crash: December 16, 2016. Traffic photos taken by ID tech Lavonne Nicolai: Same day. Traffic collision report provided to Plaintiffs: January 26, 2017. Plaintiff's counsel requested all Nicolai photographs from MP...

Excerpt: ...herwise to set aside the Trust or any of its dispositive provisions. The Court further does not find that Ms. Frey acted in bad faith. However, the Court awards attorney's fees of $52,789.43 ($49,289.43 for prior work and $3,500.00 for the current motion) and costs of $5,722.26 in favor of Carol Dupree, to be paid out of the Trust corpus, with no apportionment as to the beneficial interests. The Motion is timely in that it was filed within 60 day...

Excerpt: ...the action.” (California Code of Civil Procedure, 2024.020). The Court also finds, on the basis of the supporting and opposing declarations, that Plaintiffs have not established there is a substantial probability they will prevail on their punitive damages claims. (California Code of Civil Procedure Sections 3294 & 3295). The Court further finds Defendant's financial records are publicly available. Plus, in conjunction with said publicly availa...

Excerpt: ...laimed Checks Non-Reversionary: State Controller's Office, Unclaimed Property Division, in name of each unclaimed payee. This is a wage and hour dispute. A separate case against Defendant had an approved PAGA settlement on July 29, 2022, which appeared to preclude many of Plaintiff's PAGA claims in this case. For good cause shown, the class is certified for settlement purposes only. (Cal. Rules of Ct., rule 3.769(c).) Based on the moving papers, ...

Excerpt: ... case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Mr. Salazar requests that the Court not enforce the settlement agreement because he did not sign it, and because he has now changed his mind. However, changing one's mind about a...

Excerpt: ...y the judge, issues of fact shall be tried to the jury. Code of Civil Procedure section 592. Plaintiffs seek to bifurcate what they describe as issues of law – however, in reality what Plaintiffs seek to bifurcate are mixed issues of fact and law. Additionally, as noted by Defendant in its opposition, the issue of whether Defendant's pre-litigation offer was “sufficient” is not a “defense” in this mater – rather it is an essential ele...

Excerpt: ...4, 2023. Defendant is ordered to prepare a Judgment of Dismissal. On January 5, 2023, the Court continued the hearing on defendant's Motion for Issue, Evidence and/or Terminating Sanctions and for Monetary Sanctions to March 2, 2023, and ordered plaintiff to serve verified responses to the discovery requests without objections by no later than Friday, February 4, 2023, or the Court may dismiss the action and impose additional monetary sanctions. ...

Excerpt: ...e counsel has shown that he met and conferred with plaintiff's counsel prior to filing the Demurrer, as required pursuant to CCP Section 430.41, but that counsel were unable to reach an agreement. Declaration of Jack D. Polales, paragraphs 3 and 4. Pursuant to CCP Section 430.41(e)(1), a complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable pos...

Excerpt: ...e 2020 ICF Report at the time the project was approved. Counsel now asserts this was in error. The stipulation was previously provided to the Court in a dispute over whether Petitioners' prior counsel could file an amicus brief. A party may not offer a fact for one purpose to its advantage, and then later ask the Court to disclaim that fact; if it were one party, it would be a judicial admission, but in this case both parties stipulated to the fa...

Excerpt: ...t is entitled to a greater amount of deposit. What evidence do I have to support either figure? The Court view the hardship on Plaintiff to be substantial and likely outweighs the hardship on Defendants. However, the County asserts in its reply that granting an extension to leave the house until August, 2023 will cause it hardship. What specific construction issues has the County shown that cause this to be unreasonable? The County must prove “...

Excerpt: ...hat party from this waiver on its determination that the party has subsequently served a response that is in substantial compliance with CCP Sections 2033.210, 2033.220, and 2033.2030, and the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. Pursuant to CCP Section 2033.280(b), the requesting party may move for an order that the genuineness of any documents and the truth of any matters spec...

Excerpt: ...tion of the State Route 108/North County Corridor Phase 1 Project, and all uses necessary, incidental and convenient thereto. However, the Court finds that at this time, the balance of hardship weighs in Defendant's favor as the Relocation Assistance Program has not effectively discharged its obligations to “assure that the unique circumstances of any displaced person are taken into account” and to “assure that a person shall not be require...

Excerpt: ...ntiff's acknowledgement that she is aware of the identities of the relevant witnesses, and it appears that any information they have to offer is readily available to Plaintiff via civil discovery procedures, which should be effective and easily accessible as a means of obtaining relevant evidence in this action. The Court's ruling is made without prejudice to future consideration of the above-referenced competing interests in this regard at a tim...

Excerpt: ...urisdiction to make the finding. If Alvarenga Transport LLC wishes to argue that matter, the Court will hear it despite the lack of filed opposition. The Court finds that the notice of settlement, application for good faith determination and proposed order were timely filed and properly served, with proof of service timely filed, as provided by law. (Code Civ. Proc., § 877.6(a)(2); Cal. Rules of Ct., rule 3.1382.) The time in which any non-settl...

Excerpt: ...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). Neglect includes failure to assist in the provision of food and to protect from health and safety hazards. (CACI 3103, Welfare & Institutions Code § 15610.57). “Recklessness” refers to a subjective state of culpability greater than simple neglige...

Excerpt: .... Fischer seeks summary judgment or, in the alterative, summary adjudication concerning respondents' Objection to First Account and Report as to the following issues: 1. Whether Mr. Fischer has expended funds from the Morgan Stanley account without an order of the Court thereby being in violation of the September 27, 2016 Order, which allegedly requires that the funds of the Trust held by Morgan Stanley shall remain blocked until a further order ...

Excerpt: ...tness fees) $175.00 (out of claimed costs of $8,520.69) Item No. 11 (court reporter fees) $17,007.38 Item No. 12 (models, photocopies) $1,402.20 Total Costs Allowed: $32,791.38 Pursuant to CCP Section 1033.5(c)(2)&(3), allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Item No. 1 – Filing and Motion Fees If the court determines that CCP Section 1033.5 ex...

Excerpt: ... the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. The Cou...

Excerpt: ... composed of accounts receivable in the sum of $703,938. Plaintiffs also seek to levy Defendant's bank accounts. Defendant's accounts receivable and bank accounts are not subject to a writ of possession. An application for a writ of possession “shall include a particular description of the property and a statement of its value”. (Code of Civil Procedure § 512.010). The Court finds that some items sought to be levied against are not listed wi...

Excerpt: ... regardless of the inclusion of a delegation clause in the subject agreement, these types of foundational issues must be determined by the Court. (Bruni v. Didion (2008) 160 Cal.App.4 th 1272, 1285.) The Court finds that Defendant has failed to meet its burden of establishing the existence of a valid arbitration agreement in this instance, based on the fact that none of the purported evidence submitted by the defense has been properly authenticat...

Excerpt: ...o the issues of whether Defendants breached their duty to provide Plaintiff with safe premises and whether Defendants' actions substantially contributed to Plaintiff's injuries. (See, at a minimum, Plaintiff's Additional Facts 72-77.) Plaintiff's objection to Exhibit E to Defendants' moving evidence (excerpts from Plaintiff's medical records) is SUSTAINED on the grounds stated. Plaintiff's objection to the Declaration of Anita Benjamin in support...

Excerpt: ...eks summary adjudication as to the following issues: 1. Petitioners' claim that Mr. Fischer has not filed the accounting as ordered by the Court; 2. Petitioners' claim that Mr. Fischer has not complied with the March 3, 2020 Order appointing him as successor trustee and has not filed any response to the Motion to Tax Costs; 3. Petitioners' claim that Mr. Fischer, in spite of having acknowledged service as a defendant in Case No. PR-19-000546, has...

Excerpt: ...2 of the joint stipulation says that “Within thirty (20) [sic] calendar days after preliminary approval,” Defendant shall provide the names of class members to the settlement admistrator. Counsel also stipulates to mailing the Class Notice within 30 days of preliminary approval. I prefer to honor the parties accelerated schedule but I am uncertain as to how to effectuate this. The Court intends to find good cause to certify the class for sett...

Excerpt: ...well Shaw & Garcia, jointly and severally; b) Defendants' Motion to Compel Plaintiff's Responses to Supplemental Request for Production of Documents, Set One, Request for Sanctions – is GRANTED as to the request to compel production, and GRANTED IN PART as to the request for sanctions. Plaintiff Alicia Espinoza Hernandez is ordered to serve defense counsel with verified responses with no objections, and copies of the requested documents, by no ...

Excerpt: ...s ordered to appear and show that, as ordered by the Court on January 31, 2023, he gave notice of this continued hearing. Also, Mr. Bravo is ordered to explain the status of plaintiff Avishak Davoud, as to whom Mr. Bravo has not moved to be relieved as counsel. The court admonishes counsel and the parties to refrain from making unnecessary derogatory and inflammatory comments about each other and possible witnesses. Motions to be Relieved as Coun...

Excerpt: ...make it easier to seek forgiveness than permission. 3. The Court notes it is tentatively unsympathetic to Defendant's argument as to the depositions of Robertson and Starr, as these appear to have been delayed not through the fault of Plaintiff. I will hear argument as to the objections to these depositions and the others. 4. There is a substantive alteration in the Dunlap declaration as to the hazard of the curve. Should the court consider this?...

Excerpt: ... attorney affidavit of fault and finds counsel's acceptance of blame to be laudatory. That said, as a matter of law, the mandatory provisions of the relief statute only apply, based on the plain meaning of the text, to defaults (including default judgments) or dismissals and their procedural equivalents. (Vandermoon v. Sanwong (2006) 142 Cal.App.4th 315, 321. The Court is sympathetic to counsel's problems, but is puzzled as to two things: 1. The ...

Excerpt: ...settlement includes attorney fees of $93,333.34, costs of $25,000.00, a class representative enhancement of $20,000.00 for the named plaintiff, administrative fees of $7,000.00 and $10,000.00 in PAGA penalty fees of which $7,500.00 goes to the LWDA. The Court has reviewed the declarations in this case and finds the proposed settlement is within the range of reasonableness and deemed to be presumptively valid, subject to any objections that may be...

Excerpt: ...the 9th Circuit case Ngo v. BMW (2022) 23 F.4th 942 without taking judicial notice. The Court sustains the objections to the declaration of Aaron Cohen in their entirety. Further, the Court seriously considered sanctioning Plaintiff's counsel for their efforts to put before this court the unpublished rulings from other trial courts in violation of Rule of Court 8.1115. (See TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, 447, ...

Excerpt: ...to trial is suspended, with the result that less than six months remains of the five-year period when the suspension ends, the action shall not be dismissed if the action is brought to trial within six months after the end of the suspension period. At the time the appeals were filed on September 17, 2020, the five-year deadline was set to expire on October 22, 2020, just over a month later. The remittiturs were issued on December 20, 2022, which ...

Excerpt: ...can compel arbitration as a third‐party beneficiary of the Sales Contract under the doctrine of equitable estoppel, pursuant to which a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations. Felisilda v. FCA U.S. LLC (2020) 53 Cal. App. 5th 486, 495. In Fe...

Excerpt: ...relieved as counsel. Motions to be Relieved as Counsel are governed by Rule of Court 3.1362. Plaintiffs' counsel has complied with all the requirements of this Rule. Plaintiffs' counsel has filed the completed mandatory judicial council forms for a Notice of Motion and Declaration, and has submitted a Proposed Order. Plaintiff's counsel has confirmed plaintiffs' address within the past 30 days by conversation and has timely served plaintiffs at t...

Excerpt: ...ties as a going concern are all issues that are only relevant under Corporations Code 2000. The Court further finds that to date, Defendants have not invoked their right to purchase Plaintiff's shares under said Corporations Code thereby rendering any expert witness testimony relating to the fair value/valuation of the Stuart and Jasper Orchards properties or of the possibility of selling off the Stuart and Jasper Orchards properties as a going c...

Excerpt: ...law enforcement officers who crashed in their police cruiser. Plaintiffs generally contend that the crash occurred because the cruiser was designed in such a way as to permit carbon monoxide to seep into the cabin, rendering both of them unable to avoid the fatal crash. Defendants counter that there is no defect with the subject cruiser, and even if there was, carbon monoxide was not a legal cause of crash. Defendants' motion for summary adjudica...

Excerpt: ...o be a non‐jury issue to be determined by the Court while monetary issues could be determined by a jury. (See: Darbun Industries v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399.) This case may therefore require separate trials on the jury and non‐jury issues depending on the parties' positions. This reduces the chance of inconsistent verdicts, but nonetheless the equitable portions of this proceeding requires decisions affecting...

Excerpt: ...n driving to an accident victim and providing medical care to the victim. (See, e.g., Aldana v. Stillwagon (2016) 2 Cal.App.5th 1, 8 – A paramedic's exercise of due care while driving is not necessary or otherwise integrally related to the medical treatment and diagnosis of the patient, at least when the patient is not in the vehicle.) Moreover, the cited immunities expressly apply to medical services rendered at the “scene of an emergency,�...

Excerpt: ...asonably and necessarily incurred. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Therefore, Cross‐Complainant's request that the claimed costs be stricken in their entirety is denied. However, the Court finds that Cross‐Complainant has properly objected to certain of the costs claimed herein, such that the burden shifts to Cross‐Defendant to show that the items charged were for matters necessarily relevant and material to the issues ...

Excerpt: ...ts were provided by percipient witnesses two (2) years ago about incidents that occurred 30 years ago and there is significant potential for such statements to be used as impeachment evidence. Accordingly, the Court hereby grants Defendant's request that Plaintiff respond further to the Defendant's request for production by producing the ten (10) witness statements. The witness statements are to be produced to Defendant's Counsel within (10) ten ...

Excerpt: ...ides as follows: Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. Pursuant to CRC 3.300(e), the Notice of Related Case must be served and filed no later than 15 days after the facts concerning the existence of related cases bec...

Excerpt: ... Instead, the Court elects to reach the merits. On March 5, 2021, Plaintiff filed suit against Hillside Ag Management, LCC and Brian Caetano. On April 14, 2021, the lawsuit was served. In May, 2021, Brian Caetano and Del Valle Farm Labor Services, Inc. President Adrian Cruz signed a settlement agreement calling for Caetano to pay $73,406.95 per year every year from December 31, 2021 to December 31, 2025. Caetano didn't pay the December 31, 2021 i...

Excerpt: ...en questioned the City's counsel in chambers. The city made representations as to what those documents were which were accurate in one case and inaccurate in another. Given the long history of these cases, providing the wrong set of documents to the Court was not best practice. The Court has determined that it needs the transcript of the last hearing. The Court intends to proceed as follows: 1. The Court will review the transcript. 2. The Court w...

Excerpt: ...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 said arbitration agreement demonstrates a modicum of bilaterality. (Little v. Auto Stiegler, Inc., (2003) 29 Cal. 4th 1064) The new issues and evidence raised in Defendant's reply will not be considere...

Excerpt: ...atthew Herrera and Does 1‐20. As to the issues involving Ali Nowaid, the Court overrules the demurrer. Nowaid is alleged to have acknowledged his ownership interest in the mobile home park to the California Housing and Community Development Agency, and he was also listed as an owner on a citation. These are the sort of specific factual allegations to clear the relatively low hurdle at the pleading stage that Nowaid is an owner‐in‐fact and h...

Excerpt: ...n agreement can be reached that would resolve the objections to be raised in the demurrer. Defense counsel did not attempt to contact plaintiff's counsel until the day before the Demurrer was filed. Amaral Declaration, page 2, paragraph 3. While this was not timely, there was a good reason for this delay in that plaintiff's counsel had filed ex parte applications attesting to his medical issues. Id. at paragraphs 2 and 3. In any event, counsel we...

Excerpt: ... changed the law in response to contrary older cases. The parties agree that the Court can enter an order to enter the settlement agreement. To the extent that the Court needs to interpret the settlement agreement, the Court has authority to do so. Mailloux contends that the Court cannot now enforce the settlement. This is incorrect; he cites cases in which the motion is for entry of judgment, not enforcement of judgment. The Court can enforce se...

Excerpt: ... County, the Court is not prepared to conclude that Defendant has carried its burden under Code Civ. Proc. §397(b) at this time. Therefore, the Court chooses to follow the procedure which was approved by the appellate court in People v. Mackey (2015) 233 Cal.App.4th 32, deferring ruling on the instant motion until voir dire has commenced and the Court is able to assess whether the responses of potential jurors confirm the defense's assertions wi...

Excerpt: ...ms 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 time from March 5, 2017 through September 30, 2022 (approximately 2,615 persons); (2) The maximum settlement amount is $1,900,000.00; (3) Attorney's fees of $665,000.00 (35% of the maximum settlement amount); (4) $20,000.00 for costs and expenses; (5) An enhancement payment to the class repres...

Excerpt: ...6. Therefore, the Court finds that the pleading does not state facts sufficient to support a claim pursuant to Penal Code §496(c). Moreover, in light of the applicable law, the Court finds that the Plaintiff has failed to demonstrate that he is capable of amending the pleading to assert a viable claim in this context. Therefore, leave to amend is denied. ...

Excerpt: ...ck Trust Note, Judy Trust Note and Security Agreement, as well as an undertaking. (Code of Civil Procedure §512.060.) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code of Civil Procedure §515.010 et seq., the information presented in the application demonstrates that the sum claimed by Plaintiffs from Defendants is less the value of the collateral by an estimated $289,904.00. Plaintiffs are t...

Excerpt: ... fees. The 40% requested is inadequately supported, and Plaintiff's submissions to this court caused the Court to consider permitting substantially less than it eventually awarded in fees. FACTS: Defendants operate a retirement community for those age 62 and over. On July 12, 2021, plaintiff filed this PAGA Complaint, alleging that defendants failed to pay overtime and minimum wages, failed to provide compliant meal and rest periods and associate...

Excerpt: ...ading at this point in time is the First Amended Complaint filed on 9‐21‐22. As the arguments set forth in the supporting papers are directed against the claims contained in the amended pleading, the Court presumes that the moving document inadvertently failed to identify the First Amended Complaint in this regard. With regard to the Second and Fourth Causes of Action, for Professional Negligence and Negligent Infliction of Emotional Distress...

Excerpt: ...hat a jury trial is a matter of right in a civil action at law, but not in equity. (Cal. Const. Art. 1, § 16, Caira v Offner (2020) 126 Cal.App.4th, 12. In addition, a minority shareholder's action for damages for the breach of fiduciary duties of the majority shareholder is one in equity, with no right to a jury trial. (Nelson v. Anderson, (1999), 72 Cal. App. 4th 111). Furthermore, there is no state constitutional right to jury trial of shareh...

Excerpt: ...nsel Lawrence Knapp and defendant's counsel David Johnston are ordered to meet and confer in good faith by no later than Friday, January 21, 2023, to choose a date, time, and location for the taking of the deposition of Kevin Amin. CCP Section 2025.450(a) provides, in pertinent part, as follows: If, after service of a deposition notice, a party to the action… without having served a valid objection under Section 2025.410, fails to appear for ex...

Excerpt: ...blished the absence of a triable issue of material fact regarding Defendant's said indebtedness to Plaintiff. Therefore, Plaintiff is entitled to entry of summary judgment in its favor herein in the sum of $7,489.76 being principal of $666.26 and costs of $823.50 (Code of Civil Procedure §473 (c)). Accordingly, the Court hereby GRANTS judgment in favor of Plaintiff American Express National Bank. and against Defendant Iris Saberola in the instan...

Excerpt: ...n order compelling the appearance of Defendant's Person Most Qualified at the location chosen by Plaintiff 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 February 15, 2023. With regard to specific issues presented by Defendant's objections to certain categories of testimony and docu...

Excerpt: ...rial fact on the issue of whether Defendant/Cross Defendant, California Materials Inc., has an express contractual duty to defend Teichert Construction, and by extension CALTRANS, against the claims being asserted in this action in Plaintiff's Second Amended Complaint. (Code of Civil Procedure §437c(f)(1), Code of Civil Procedure, §§ 2772 & 2778. In the absence of any opposition by Defendant, California Materials Inc., the Court finds that no ...

Excerpt: ...on within 10 days after service of entry of the order granting relief from dismissal, pursuant to CCP Section 1008, instead of a demurrer. However, the Court is not limited to the restrictions of CCP Section 1008 but can reconsider its own rulings sua sponte. The language [of Section 1008] chosen by the Legislature strongly suggests it intended to restrict the actions of parties in bringing motions to reconsider, but did not contemplate restricti...

Excerpt: ...public sale of the Mobilehome. The Court enters judgment in the amount of $5,279.00 plus costs of $225.00, for a total judgment of $5,504.00 in favor of petitioner Country Western Mobile Home and RV Park LLC and against respondents Jerry Elmore, Gloria Keeney, Thomas Snow, and Neoma Snow, jointly and severally. Petitioner will be awarded attorney's fees according to proof submitted at the hearing. Petitioner has satisfied the requirements of Civi...

Excerpt: ...case involving some of the same issues and potential class members as this case. No classes have been certified in any related case. This case does not have a PAGA action, but the federal case and a related state case do. This is a question of permissive intervention. With regard to permissive intervention “the trial court has discretion to permit a nonparty to intervene where the following factors are met: (1) the proper procedures have been f...

Excerpt: ...aken against a party based on mistake, inadvertence, surprise, or excusable neglect. The pertinent provisions of the statute provide as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied b...

Excerpt: ...l Defendant to Provide Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED; d) Plaintiff's Motion to Compel Defendant to Provide Written Responses and Documents to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED. a‐c) The Court finds that the requests were properly elect...

Excerpt: ...s, orders, or other proceedings based on mistake, inadvertence, surprise or excusable neglect. The pertinent statutory language is as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by ...

Excerpt: ...lidate must list all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record, contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first, and be filed in each case sought to be consolidated. The notice of motion does not list the caption of the two cases with the lowest numbered case listed first, and the notice of motion has not been f...

Excerpt: ...6‐ 31) and Defendant's Knowledge of Similar Defects (RFPs 32‐37). Plaintiffs' motion asks for further responses to RFPs 17‐33, 36, and 37, though the motion does not engage in a great deal of differentiation. Plaintiffs leave out crucial details in their motion. First, they contend that on October 12, (all dates are in 2022) “Defendant failed to produce a single responsive document requested,” which appeared to apply to all 37 requests....

Excerpt: ...compliant meal and rest periods and associated premiums, failed to pay timely wages during employment and upon termination of employment, failed to provide complete and accurate itemized wage statements, failed to keep complete and accurate payroll records, and failed to reimburse necessary business‐related expenses and costs. PROCEDURAL POSTURE: On March 29, 2022, the parties participated in a mediation, and the parties ultimately reached a se...

Excerpt: ...led for divorce in the Family Law case in April, 2017. A default was taken and set aside, and litigation commenced in earnest in April, 2019. After substantial litigation the parties, their attorneys, and the family law judge signed a stipulation and order which said, in part, as follows: With regard to the real property located at [address], Respondent does not seek any remedies in this action, under the California Family Code, and does not seek...

Excerpt: ...tillo, Moriarty, Tran and Robinson – a) The Court finds that Plaintiff may elect to have her deposition held remotely. Further, any party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code § 2025.310). The Court further finds that due to Plaintiff's use of oxygen, her general health, her doctor's recommendations for a remote deposition to preserve her health as well as the Execut...

Excerpt: ...e assertion that on November 15, 2021 the matter was set for a case management conference on May 24, 2022, which is inaccurate. 4. The assertion that “on May 13, 2022, a Request to Continue the Case Management Conference was made, due to [an] ongoing trial.” This appears disingenuous. Counsel is and was aware he did not pay filing fees for that request and it was not clerically processed on those grounds. This does not make the Court optimist...

Excerpt: ...intiff, and administration costs of $25,000.00 to the settlement administrator Simpluris, Inc., thus leaving a net settlement fund of $1,237,209.00. The average estimated individual settlement share is $337.26, and the highest estimated individual settlement share is $9,185.13. Simpluris Declaration, paragraph 10. The settlement approval in class action settlements requires three distinct steps: (1) Preliminary Approval of the proposed settlement...

Excerpt: ...Court further finds that no meet and confer was required between the parties where, at the time of filing the motion, no responses had been provided by Plaintiff/Cross Defendant. (See Dmyer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395; St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 777‐778). Since the filing and service of the instant motion Plaintiff/Cross Defendant has filed and served Responses to said Request for...

Excerpt: ...sition to the Motion for Summary Judgment/Adjudication: 1. Lewis declaration, paragraph 25: Sustained, hearsay. 2. Lewis declaration, paragraph 27: Overruled, relevant to the effect on the listener. 3. Price declaration, paragraph 22: Sustained, hearsay. 4. Price declaration, paragraph 24: Overruled, relevant to the effect on the listener. 5. Sustained. 6. Sustained. 7. Overruled. The Court will consider the late‐filed declaration. This case wa...

Excerpt: ...embers so noticed. Based on the Petition and the Declaration of Ron Clark, the Court has weighed all the factors required to grant the relief requested and finds the revised CC&R's to be reasonable and all factors sufficiently met. (Civ. Code, § 4275(c)(1)‐(6)) In Fourth La Costa Condominium Owners Assn. v. Seith (2008) 159 Cal.App.4th 563, the Court found that the predecessor statute to section 4275 was designed to assist homeowners' associat...

Excerpt: ...l originated from Plaintiff's work as an anesthesiologist with Memorial Medical Center. The Court also finds that Plaintiff's employment with Memorial Medical Center is so interwoven with his employment contract with Gould Medical Group that Plaintiff cannot be reinstated with Memorial Medical Center without being reinstated with Gould Medical Group. Accordingly, the Court finds that Plaintiff's claim for reinstatement with Gould Medical Group is...

Excerpt: ...has failed to meet his burden in this regard. Specifically, Plaintiff has failed to demonstrate the existence of a material factual dispute with regard to (1) his independent contractor status as defined by the factors set forth in Labor Code §2750.5, or (2) Defendant's alleged retained control over the work. Therefore the Court finds that Defendant has established the absence of liability for Plaintiff's claimed injuries in this context as a ma...

Excerpt: ... substance of the objection, and whether the objection relates specifically only to allegations made in the supplement. In fact, respondent does not indicate when the supplement was even filed. It appears that no actual “supplement” was filed. An attorney declaration was filed on March 16, 2022, attaching Exhibits A through D, which were missing from the original petition. The objection is as to several paragraphs of the “supplement” (i.e...

Excerpt: ...y Process – DENIED; c) Defendant City of Oakdale's Motion to Compel Responses and Further Responses to Plaintiff Fernando Jaquez's Responses to Special Interrogatories, Set One; Motion for Monetary Sanctions for Misuse of the Discovery Process – DENIED; d) Defendant City of Oakdale's Motion to Compel Further Responses to Plaintiff Fernando Jaquez's Responses to Request for Admissions, Set One; Motion for Monetary Sanctions for Misuse of the D...

Excerpt: ...inancial information is only discoverable when such information is directly relevant to the issues of the ongoing litigation or essential to the fair resolution of the lawsuit. Britt v. Superior Court (1978) 20 Cal. 3d 844, 859. Specifically, as to Special Interrogatories 87 – 119, Requests for Admission 14 and 15, and Requests for Production 51 – 59, which concern loans between Moody and the Sandhu defendants, this information is not directl...

Excerpt: ...A motion for judgment on the pleadings has the same function as a general demurrer but can be made after the time for demurrer has expired. Pursuant to CCP Section 439, before filing a motion for judgment on the pleadings the moving party shall meet and confer with the party who filed the pleading for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion. Defense counsel has shown that he me...

Excerpt: ...cks standing, he cannot state a claim for violation of the Act, and therefore granting Plaintiffs the ability to amend the complaint would be futile. Initially, the Court notes that it GRANTS Defendant's request for judicial notice of the Retail Instalment Sales Contract (RISC) and vehicle registration card in this matter. Plaintiffs did not oppose the Defendant's request for judicial notice and the RISC, most importantly, establishes that Plaint...