Excerpt: ...y improper and deprived Plaintiff of an opportunity to respond to Defendant's arguments in that regard. Nevertheless, the Court finds that a determination as to the enforceability of the delegation clause is foundational to the permissible scope of the Court's decision with regard to the other issues presented by the instant motion. (Aanderud v. Superior Court (Vivint Solar Developer, LLC) (2017) 13 Cal.App.5 th 880.) Therefore, the hearing shall...

Excerpt: ...otion reveals that such disputes exist as to the uniformity, application and effect of the Defendant's rest policies, negating the Plaintiff's ability to demonstrate on a classwide basis or as a matter of law, as applied, the result of the Defendant's policies establishes the Labor Code violations alleged. While Plaintiff is certainly correct that Defendant may not contravene binding judicial admissions made in response to lawful requests for adm...

Excerpt: ...ust be interpleaded. (Code of Civil Procedure section 386; see also Rutter's Guide to Civil Procedure Before Trial, Ch. 2-F (2019) at 2:470.) Plaintiff is granted 30 days, or until October 5, 2020, to file and serve an amended complaint. ...

Excerpt: ...mary Judgment against Plaintiff J Marchini & Son Inc, or, Alternatively, Motion for Summary Adjudication; d) Defendant Duarte Nursery Inc's Motion for Summary Judgment against Plaintiffs Nichols Farms Inc; Charles and Susie Nichols dba Sierra View Farms; Carolyn Nichols; Eileen Nichols Christian; Charles Nichols, and Susie Nichols, or Alternatively, Motion for Summary Adjudication; e) Defendant Duarte Nursery Inc's Motion for Summary Judgment, or...

Excerpt: ...equired element of notice. (Gov. Code §835(b).) The Court notes that Plaintiff argues constructive notice on the basis of evidence that the City performed routine maintenance procedures at the park which, when carried out with reasonable diligence, allegedly should have uncovered the defect. (See Plaintiff's evidence in opposition to UMF 3.) However, Plaintiff has failed to produce any evidence on the foundational issue of whether the defect exi...

Excerpt: ...efendant WUSD has provided adequate responses and proper objections to these discovery requests. Plaintiff's motion to compel further responses to special interrogatories, set two, from defendant WUSD is GRANTED IN PART. (Code Civ. Proc., § 2030.300.) While defendant WUSD's vague and overbroad objections are proper, a responding party must answer an interrogatory to the extent possible. (Code Civ. Proc., § 2030.220, subd. (b).) Accordingly, def...

Excerpt: ...ed motion for final approval and the supporting declarations and evidence, the Court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set...

Excerpt: ...ated that his asserted interest is sufficiently “immediate, pecuniary, and substantial” to afford him the ability to challenge the judgment in the context of this PAGA action. (See, e.g. County of Alameda v. Carleson (1971) 5 Cal.3d 730, 736.) (b) The Court finds that the non-party movant lacks standing to bring the instant motion. The moving party has not demonstrated authority for a non-party employee to challenge the judgment herein. Moreo...

Excerpt: .... With regard to that issue, the Court finds that Cross-Complainant is reasonably likely to prevail on her claim of trespass on the basis that Cross-Defendants' conduct exceeded the scope of consent reflected in the subject agreement when they undertook to authorize replacement of the subject irrigation valve affecting the flow of water to Cross-Complainant's property, resulting in the risk of irreparable injury in that regard. (Code Civ. Proc. �...

Excerpt: ...otion, particularly in view of the apparent existence of controverting evidence in the depositions of Mr. Hensel and Mr. Pilgrim, and Defendant's failure to identify and address the same. Had Defendant properly identified such items of evidence, Defendant would not have been able to carry its burden herein. In any case, assuming arguendo that Defendant has met its initial burden, the Court finds that Plaintiffs have satisfied their obligation to ...

Excerpt: ...fendant has established that there are no issues of material fact and no evidence to support Plaintiffs' causes of action herein. In the absence of any opposition, Plaintiffs have failed to offer evidence which raises a triable issue of material fact as to any theory of liability as against the moving defendant. Therefore, the motion for summary judgment is granted and judgment shall be entered in favor of Defendant Doctors Medical Center of Mode...

Excerpt: ... Plaintiff's failure to shut off power to the school building undergoing the power surges when other power strips in the building began to fail. The failure to the power strip was a secondary cause because it merely permitted the loss. Plaintiff argues, to the contrary, that the surge protector was itself the direct cause of the fire, so that the doctrine does not apply at all. The Court is persuaded that the failure of the surge protector was a ...

Excerpt: ...ded in preparing a reply brief and in arguing this motion, as the motion is unopposed. The hourly rate is appropriate for Stanislaus County, and the time expended is also appropriate. Defendant Bouma's proposed order is proper in form. This Court will sign the order once it is amended to reflect the dollar figure actually awarded. ...

Excerpt: ...�nancial, operational, contractual, and other commercially sensitive information” of the parties, health plans, and physicians. Their requests are very broad. A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. CRC 2.550(b)(1). For a court to or...

Excerpt: ...ature of the argument between the parties herein, i.e. the Plaintiffs' entitlement to obtain information and documentary evidence which may assist them to identify additional class members herein and the notice requirements, if any, which apply to protect such third parties' privacy interests at this pre-certification stage of the litigation. With regard to this issue, the Court finds that the holding in Belaire-West Landscape, Inc. v. Superior C...

Excerpt: ...��Whether a motion is actually a motion for reconsideration of a prior ruling is determined by the relief sought and not by the label attached to it.” Powell v. County of Orange (2011) 197 Cal.App.4th 1573, 1577. Here, the relief Crabtree Schmidt seeks in the motion is, basically, an order “reversing” the Court's orders on Gabriel Ashlock's ex parte requests for relief as applied to Crabtree Schmidt. Crabtree Schmidt doesn't believe that th...

Excerpt: ...iff's social security number in order to fulfill its tax-reporting obligations, but that is dependent upon Plaintiff achieving any recovery in this case. The information requested in Special Interrogatory No. 1 can be provided should it become necessary at some point in the future. There is no time at which answers to Special Interrogatories 2 through 6 are necessary to Defendants' tax-reporting obligations. Special Interrogatory No. 7, the only ...

Excerpt: ... was paid for, and granted a security interest in the equipment to Plaintiff “to secure payment of the purchase price and performance of all obligations under this Agreement.” The agreement further required Defendant to return the equipment. Section 697.530 does not apply under these circumstances. Defendant fails to identify the motion as to which it claims this is an untimely motion for reconsideration, and this Court has not been able to i...

Excerpt: ...ts for Production of Documents, Set No. Two, and request for Sanctions of $2,165 against Plaintiff Melodie Everson and her counsel of Record, Crabtree Schmidt – GRANTED. a) The moving party has demonstrated entitlement to an order compelling further responses to the subject interrogatories. The responses provided do not comply with the requirements of Code Civ. Proc. §2030.220 and 2031.320. Defendant shall provide further verified responses wi...

Excerpt: ...ify Respondent's appraiser. With regard to Petitioner's request that the Court appoint a neutral umpire pursuant to Ins. Code §2071, the Court finds that the parties' disagreement over Mr. Andrews' qualifications to serve as Respondent's party appraiser appears to have impeded the appraisers' abilities to meaningfully confer as to possible agreement on this issue. In addition, the petition does not conform to the requirements of CCP §1286.1, in...

Excerpt: ...laintiff to provide answers, without objection, to the subject discovery within 30 days. With regard to Requests for Admissions, Set One, the Court finds that Plaintiff has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §§2033.280(a). Accordingly, the Court has no discretion but to grant Petitioner's request. (Code Civ. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2...

Excerpt: ...ng papers do not demonstrate sufficient meet and confer efforts with regard to these issues. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone, with regard to potential compromise on the disputed issues herein, including but not limited to the date and location for the requested deposition to proceed. If the dispute cannot be resolved by continued good faith efforts, the parties shall file ...

Excerpt: ...t it was the failure to provide billings that constituted the malpractice complained of. In fact, Cross-Complainants argue that the failure to provide billings covered up malpractice. They have properly alleged that they could not have discovered malpractice until they received the bill sometime after this matter was filed. As to the Ninth Cause of Action, for Fraud – Concealment, the Court SUSTAINS the Demurrer, with leave to amend. Cross-Comp...

Excerpt: ...just. (Serrano v. Unruh (1982) 32 Cal.3d 621, 639.) Hours Reasonably Worked – Regarding the lodestar fees calculation, the Court finds, on the basis of Mr. Watts' declaration, that the hours claimed through September 2019 were reasonably incurred and substantially contributed to the ultimate successful result on the contract claims. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 1...

Excerpt: ..., California courts have recognized that "where an amendment does not add but simply corrects a misnomer by which an 'old' defendant was sued, case law recognizes an exception to the general rule of “no relation back." (Hawkins v. Pacific Coast Bldg. Products Inc. (2004) 124 Cal.App.4th 1497.) Plaintiffs seek to correct a misnomer by which Defendant BBVA USA aka Compass Bank was named in the original complaint. Therefore, a First Amended Compla...