Excerpt: ...in Civ. Code §47(b)(1) does not apply, as the subject “allegation or averment” concerning BEST was made by an officer of the court under penalty of perjury and appeared on its face to be relevant and material to the issues in the matter wherein it was made. Therefore, the First Amended Complaint fails to state facts sufficient to constitute the subject causes of action. (Code Civ. Proc. §430.10(e).) Due to the application of the privilege, ...

Excerpt: ..., and plaintiffs did not need to meet and confer about the responses before filing this motion. (Cf. Code Civ. Proc., § 2031.300[no meet and confer needed if no response] with Code Civ. Proc., § 2031.310, subd. (b)(2) [meet and confer declaration required for motion to compel further responses to discovery].) Because defendant is obligated to provide responses that are as “as complete and straightforward as the information reasonably availabl...

Excerpt: ...ounts, and/or reasonableness of such costs, thereby shifting the burden to Defendant to show that the items charged were for matters necessarily relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court further finds that Defendant has offered adequate substantiation as to certain of the challenged costs b...

Excerpt: ...Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division is, except as specifically provided in this section, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment. . .”].) Here, plaintiff argues Labor Code section 3601 cannot bar his claim for negligence ...

Excerpt: ...Where the conditions of compensation set forth in Section 3600 concur, the right to recover such compensation, pursuant to the provisions of this division is, except as specifically provided in this section, the exclusive remedy for injury or death of an employee against any other employee of the employer acting within the scope of his or her employment. . .”].) Here, plaintiff argues Labor Code section 3601 cannot bar his claim for negligence ...

Excerpt: ...have demonstrated material disputes of fact concerning, at a minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 13-16, 19, 29-30, 36-40 and Plaintiffs' Additional Material Facts 16(a)-(y) and 19(a)-(t). The parties' objections to the expert declarations of Richard Haygood and Dale Dunlap are OVERRULED. ...

Excerpt: ...laintiff has established the probable validity of the claim and is entitled to the relief requested. Therefore, the Court is inclined to order that default judgment be entered and the writ of possession issued as requested in the moving papers. The above information is provided as a general description of the Court's view of the matter based on the papers submitted. However, the law requires a hearing on the application before the writ can be iss...

Excerpt: ... for the purpose of establishing an official record or evidentiary fact by law, such as the court records and documents evincing title. (Code Civ. Proc. § 430.70; Cal. Rules of Ct., rule 3.1113(l); Ross v. Creel Printing & Publishing Co., Inc. (2002) 100 Cal.App.4th 736, 743; Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Regarding the first cause of action, for violation of Civil Code section 2937, the Court's judicial notice of the existence of ...

Excerpt: ...ary injunction at this time. Therefore, the preliminary injunction shall issue, enjoining the Defendant Gina Bosio from the actions enumerated in the notice of the instant motion. The injunction shall remain in effect until final resolution of this action. Further, the issuance of the preliminary injunction is conditioned upon the Plaintiff's filing of an undertaking in the amount of $2,500 and filing proof thereof, in order to protect Defendant ...

Excerpt: ... for the purpose of establishing an official record or evidentiary fact by law, such as the court records and documents evincing title. (Code Civ. Proc. § 430.70; Cal. Rules of Ct., rule 3.1113(l); Ross v. Creel Printing & Publishing Co., Inc. (2002) 100 Cal.App.4th 736, 743; Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Regarding the first cause of action, for violation of Civil Code section 2937, the Court's judicial notice of the existence of ...

Excerpt: ... were for matters necessary relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th 111, 131; Oak Grove School Dist. v. City Title Ins. Co.(1963) 217 Cal.App.2d 678, 698.) The Court acts within its discretion in determining whether costs are excessive and should be reduced. (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4 th 807, 816-817.) Therefore, after considering the arguments and ev...

Excerpt: ...egations regarding service. The court declines defendant's invitation to revisit this issue, since the ground defendant asserts is the same that supported the motion the court partially granted on January 25, 2019, when the court vacated the default and ordered defendant to answer. The court declined to quash service of summons, as well, and will not entertain an untimely request to<0003008600030014001300 13001b000f0003[ subd. (a).) ...

Excerpt: ...e and import of federal preemption. Federal preemption, contrary to Defendant's assertion, is not merely a sub-species of “choice of law.” To the contrary, it goes to a trial court's fundamental subject matter jurisdiction, i.e., where federal law preempts state law it is not simply a question of which law one “chooses” to employ; it is instead a binary mandate that state law be disregarded in favor of federal law by virtue of the Suprema...

Excerpt: ...s that Plaintiff has established a reasonable excuse for the delay in amending the complaint to substitute Nathan Conner and Tisa Conner for DOES 1 and 2. Accordingly, the demurrer is overruled. b) Defendant's Motion to Strike Portions of First Amended Complaint – GRANTED, without leave to amend. A defendant may challenge the adequacy of punitive damages allegations by a motion to strike. (PH II, Inc. v. Superior Court(1994) 33 Cal.App.4th 1680...

Excerpt: ...ective Order to Modify the Subpoenas to: 1. Memorial Medical Center, 2. Memorial Medical Center/Billing Dept., 3. Memorial Medical/Radiology Dept., 4. Sutter Physical Services/Recovery Dept. TPL Unit, and Request for Sanctions in the amount of $1,810.00 against defendants and its attorney of record; c) Plaintiffs' Motion to Quash Defendant's Subpoenas for Medical Records; or in the Alternative for a Protective Order to Modify the Subpoenas to: 1....

Excerpt: ...sing statement and the referenced declarations and supporting exhibits. However, Defendants' failure in the first instance to supply sufficient evidence to negate the existence of a triable issue regarding the third cause of action for fraudulent inducement/concealment obviates further consideration of the evidentiary objections by either party. In each case, Defendants' proffered “fact” consists instead of a litany of conclusory and conteste...

Excerpt: ...ich may be resolved by summary judgment. (Ibid.) The evidence and inferences are in conflict in this case. Accordingly, the Court finds Defendant has failed to show there are no triable issues of fact. b) Plaintiff's Motion for Sanctions for Defendants' Refusal to Withdraw Frivolous Motion for Summary Judgment – HEARING REQUIRED. ...

Excerpt: ...bility theory. (Chavers v. Gatke Corp. (2003) 107 Cal.App.4th 606, 617; La Vista Cemetery Assoc. v. Am. Sav. & Loan Ass'n (1970) 12 Cal.App.3d 365, 369.) The same holds true for Plaintiff's “aiding and abetting” theory. (Casey v. U.S. Bank Nat'l Ass'n (2005) 127 Cal.App.4th 1138, 1145.) The Third Cause of Action, as amended, fails to allege and plead with particularity the facts required for a conspiracy theory for the reasons set forth in De...

Excerpt: ... 1131, 1135.) Any significant departure from the procedural requirements on new trial motions deprives the trial court of power to grant the motion. Strict literal compliance is required. (Telefilm, Inc. v. Superior Court (1949) 33 Cal.2d 289, 294; Sanchez-Corea v. Bank of America (1985) 38 Cal.3d 892, 899.) Here, Plaintiff has failed to file any supporting memorandum as required. (Code Civ. Proc. § 657; Cal. Rules of Ct., rule 3.1600.) While th...

Excerpt: ...cause of action or issue that is the subject of the motion in conjunction with the supporting material facts claimed to be without dispute with respect to each such cause of action or issue. (Cal. Rules of Ct., rule 3.1350(d)(1).) As such, the Separate Statement does not conform to the format specified by Cal. Rules of Ct., rule 3.1350(h). Such deficiencies are particularly troubling in the context of the moving defendant's alternative request fo...

Excerpt: ...r, the Court finds that Defendant/Cross-Complainant is not entitled to recover attorney's fees incurred in connection with the conversion cause of action in the Complaint or the defamation cause of action in the Cross-Complaint (on which she did not prevail at trial). Therefore, the court is inclined to reduce the lodestar amount of attorney's fees claimed by Defendant/Cross-Complainant herein by one-third in order to more accurately reflect the ...

Excerpt: ...ration both relate to the substantive merits of the motion, and are not akin to the sort of blatant procedural mistakes that have been found tantamount to an involuntary dismissal or default. To the contrary, the attorney omissions in the case at bar—taken at face value—involve at best a misapprehension or misunderstanding as to the evidentiary rules, burdens and merits raised by the Defendants' motions for summary judgment. Accordingly, the ...

Excerpt: ...and/or unreasonable, such that the burden shifts to Plaintiff to show that the items charged were for matters necessarily relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th 111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court acts within its discretion in determining whether costs are excessive and should be reduced. (Levy v. Toyota Motor Sales, U.S....

Excerpt: ... notice of its preparation by the reporter from the raw shorthand marks, and arguably not until signed and/or certified as such by the reporter itself. The intended use of the transcript is for trial and the reporter's sealing and certification are part and parcel of use and admiss<005700030049004c005100 47005600030057004b00480003> motion timely as the deposition was re-noticed, obligating objections to have been served upon such re-noticing, abs...

Excerpt: ...on Defendants Southern California Permanete Medical Group and the Permanete Medical Group, Inc.'s Demurrer to Plaintiff's First Amended Complaint The Court grants Defendants Southern California Permanete Medical Group and the Permanete Medical Group, Inc.'s Request for Judicial Notice. Evidence Code § 452(h). Judicial Notice is taken of Defendants' Exhibit A. The court sustains Defendants Southern California Permanete Medical Gro...