Excerpt: ...plaint on its face states facts sufficient to constitute a cause of action for general negligence in subrogation and that the Defendant's Answer on its face fails to state sufficient facts to constitute either any denial of Plaintiff's allegations or a meritorious affirmative defense. (Code Civ. Proc. § 438(c)(1)(A); Bezirdjian v. O'Reilly (2010) 183 Cal.App.4 th 316, 321 [matters subject to mandatory judicial notice deemed part of pleading and ...

Excerpt: ...ain insufficient. (As just one example, Plaintiff's further response to Request for Production No. 3 is: “I do not have the documents.” This is not a code-complaint response.) Therefore, based on all of the pleadings and papers in the file, the Court GRANTS the Defendant's motion to compel further responses to Form Interrogatories, General, Set One Nos. 2.7, 4.1, 7.1 – 7.3, 8.3, 8.8 and 17.1, as well as Requests for Production of Documents,...

Excerpt: ...nfidence and when the client suspects and questions the good faith of his attorney the attorney should be permitted to withdraw from the case unless some very compelling reason exists for forcing him to continue with the ungrateful task.” (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.) While the court is sympathetic to plaintiff's predicament, his inability to find substitute counsel is not a “very compelling reason” to deny counsel permis...

Excerpt: ...is Plaintiff's employer) and Defendant HSI, who contends it is not. Defendant HSI seeks only to sequence the discovery in this matter to achieve this goal, not to impose a complete, permanent ban on any particular topic of discovery. Defendant HSI has demonstrated good cause for such an order. Notably, precluding production of an HSI “class list” at this time will further the interests of justice in that it will prevent an entirely unwarrante...

Excerpt: ...is Plaintiff's employer) and Defendant HSI, who contends it is not. Defendant HSI seeks only to sequence the discovery in this matter to achieve this goal, not to impose a complete, permanent ban on any particular topic of discovery. Defendant HSI has demonstrated good cause for such an order. Notably, precluding production of an HSI “class list” at this time will further the interests of justice in that it will prevent an entirely unwarrante...

Excerpt: ..., Richards, Wilson & Co. v. Insurance Communicators Marketing Corp. (1993) 12 Cal.App.4 th 1249, 1263.) Had Plaintiff's dismissal of three of the four causes of action she originally alleged, including the cause of action on which the Court found a triable issue of material fact on the earlier MSJ/MSA, occurred before the issuing of a ruling on the earlier MSJ/MSA, the Court likely would have reached the merits of Defendant's arguments instead of...

Excerpt: ...ust that Dabblicious may have breached oral agreements, but also that it beached the contract itself by failing to conduct batch testing and allow remediation as allegedly required by industry standards. Dabblicious's attack on the third cause of action for fraud fails because, although JDI did not provide the name of the employee who met with its representative to discuss the processing agreement, it gave a month, year and location for the meeti...

Excerpt: ... Lind's motion described him, an industrial medicine doctor. However, Dr. Schwartz has presented evidence that she and Dr. Lind both practice “general medicine,” and as a physician she “has special knowledge, skill, experience, training, or education sufficient to qualify [her] as an expert on” (Evid. Code, § 720, subd. (a)) that topic. (See Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 970.) “Whether [her] knowledge in these areas w...

Excerpt: ...� GRANTED, in part; DENIED, in part, subject to evidentiary hearing. The Court find that Plaintiffs have demonstrated entitlement to entry of default against the unknown parties designated in the Complaint as “the testate and intestate successors of Barbara Plant, deceased, and all persons claiming by, through, or under such decedent; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...quately specific. Also, because it alleges staff failed to follow doctor's orders regarding skin breakdown despite knowledge of the harm posed to decedent, the first amended complaint pleads acts that could constitute actionable neglect of an elder. (Sababin v. Superior Court (2006) 144 Cal.App.4th 81, 90.) However, plaintiffs' references to decisions by unnamed “management” of defendant are insufficient to allege the type of ratification req...

Excerpt: ... including the declaration of Will Harris and the exhibits thereto, the Court finds that no material disputes of fact exist with regard to Plaintiff's entitlement to judgment on the sole cause of action for breach of contract herein. Specifically, the Court finds that there is no evidence of a valid amendment or extension of the fixed lease term as provided in the governing lease agreement. Therefore, Defendant is liable, as the guarantor on the ...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of 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.) However, the Court declines to award th...

Excerpt: ... including the declaration of Will Harris and the exhibits thereto, the Court finds that no material disputes of fact exist with regard to Plaintiff's entitlement to judgment on the sole cause of action for breach of contract herein. Specifically, the Court finds that there is no evidence of a valid amendment or extension of the fixed lease term as provided in the governing lease agreement. Therefore, Defendant is liable, as the guarantor on the ...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of 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.) However, the Court declines to award th...

Excerpt: ...iv. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2014) 223 Cal.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $220 against Defendant, to be paid to Plaintiff's counsel within 30 days. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rul...

Excerpt: ...59(h); se e.g. Maldonado v. Superior Court (2002) 94 Cal.App.4 th 1390, 1398.) As no subpoena was issued, the Court is without the ability to compel his attendance in this instance. Moreover, the court notes that the parties are continuing to meet and confer with regard to Mr. Hampton's deposition and believes it is likely that the issues herein will be resolved through additional good faith efforts on the part of counsel. Lastly, the Court notes...

Excerpt: ...l.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. b) Plaintiff's Motion for Evidence and Issue Discovery Sanctions – GRANTED, and unopposed. The Court finds that Defendant Roberto Chavez Alvarez has failed to comply with the Court's order dated 3-4-19 compelling discovery responses. Defendant's failure, coupled with the lack of any opposition to the instant motion, leads the Cou...

Excerpt: ...ore, future failures to oppose dispositive motions could result in Plaintiff losing the right to amend her pleading to attempt to allege additional facts to support her stated causes of action. ...

Excerpt: ...ause they lack standing, the Court should grant leave to amend the complaint to redefine the class or add a new class representative. (In re Tobacco II Cases (2009) 46 Cal.4th 298, 328). Accordingly, the Court deems filed the First Amended Complaint (1) alleging a PAGA claim; (2) naming Robert Moyes as PAGA representative; (3) re-defining the class to include PAGA employees; and (4) adding a cause of action for declaratory relief from settlement ...