Excerpt: ...sition of liability. The traditional elements of duty, breach of duty, causation, and damages apply. (6 Witkin, Summary of Cal. Law (9th ed. 1988) Torts, S 838, p. 195, Marlene F. v. Affiliated Psychiatric Med. Clinic, Inc., (1989) 48 cal. 3d 583, 588). The Court finds that a cause of action for Negligent Infliction of Emotional Distress does not exist in this Damages for severe emotional distress, rather, are recoverable in a negligence action w...

Excerpt: ...s not prejudiced by said service. In the interests of equity, the Court holds such service valid. The Court finds that AB 218 (Code of Civil Procedure S 340.1) expressly exempts Plaintiff from complying with the claims presentation requirement of Government Code S 905. The Court further finds that AB 218 does not constitute an unconstitutional gift or appropriation of public funds, to the benefit of particular individuals based on an exception to...

Excerpt: ...s Inc. to Provide Responses to Special Interrogatories, and for an Award of Monetary Sanctions Against Defendant and Attorney; d) Plaintiff's Motion to Compel Defendant Brunk Industries Inc. to Provide Responses for Production of Documents, and for an Award of Monetary Sanctions Against Defendant and Attorney (a) GRANTED, unopposed. The Court finds that Defendant has entirely failed to respond to Plaintiff's Request for Form Interrogatories, (Gen...

Excerpt: ... with Cal. Rules of Ct., rule 3.769(c). The class counsel, class representatives, and claims administrator are hereby preliminarily approved and appointed as set forth in the motion. However, the Court is not convinced that the proposed payment structure for enhancement payments to the representative plaintiffs is justified; specifically, the Court does not believe that the moving papers and supporting evidence support the proposed award of $18,5...

Excerpt: ... newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. Defendant claims that since the first motion for summary judgment was filed, new facts have emerged which show that Mr. Amin did not exercise control over phases of the construction of the building, and the Court of Appeal has established a new standard for constructive notice of dangerous defects. However, the "newly disco...

Excerpt: ...ntiff regarding the sums claimed in respect of Agreement Nos. 4368/4193 and the total sum due on said agreements, the Court is inclined to GRANT the application on the basis that Plaintiff has established the requirements for issuance of a writ of possession and a turn over order against Defendant, subject to the filing of an undertaking. (Code Civ. Proc. 5512.060.) With regard to the issue of valuation as it pertains to the amount of the underta...

Excerpt: ...d not dispute the amount in either its opposition or its response to the separate statement. (See UMF's 44-45) As such, the Court is mandated to grant the motion. The Court orders Plaintiff to prepare an amended order consistent with this ruling. The Court also adopts its prior tentative ruling, as follows: Defendants do not dispute that the loan, lease and guaranty agreements were entered into or that the defendants have not fulfilled their obli...

Excerpt: ...340.1 (a)(2) in respect of Plaintiff's alleged claims of sexual abuse by Defendants Calvin and William Shook that occurred after Plaintiff's alleged first report of sexual abuse to Defendant made around 1995 or thereabouts. Accordingly, Defendant's Demurrer to Plaintiff's Third and Fourth Causes of Action are hereby overruled. The Court further finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter...

Excerpt: ...rties to the marriage, and the Family Code does not address real property disputes involving third parties, as does this dispute. Therefore, a declaratory relief cause of achon involving not only the parties to the marriage but also a third party is properly before this Court. The Fourth Cause of Action for Breach of Fiduciary Duty This cause of action is asserted against Adam Vanderpool, but not Diane Neufeld. Family Code section 1101(a) provide...

Excerpt: ...rs, including, but not limited to, appointment notices, diagnoses, doctor's notes, bills, and correspondence, for pur physical, mental damage or emotional distress, since January 1, 2012. RFP No. 43 — For the health care practitioners identified in Interrogatory No. 5, a fully executed HIPAA Authorization for Release of Medical, Psychiatric, and/or Psychological Records, by you for all medical and associated billing records for visits and treat...

Excerpt: ...in their favor. Specifically, the express language of the Property Management Agreement dictates that the contractual terms were effective at the time of Plaintiff's injury. (See, e.g., UMF 8.) In interpreting an express indemnity agreement, the courts look first to the words of the contract to determine the intended scope of the indemnity agreement. (Centex Golden const. co. v. Dale Tile co. (2000) 78 cal.App.4th 992, 996-997, citation omitted.)...

Excerpt: ...tends that as the contract is not attached and the allegations are insuffciently precise, the complaint as a whole fails. Defendant further alleges that a lack of specificity as to which Defendant did which things is fatal. Defendant is correct. The Demurrer The First Cause of Action for Declaratory Relief This cause of action is based on the parties' respective rights under the insurance contract, and therefore the sufficiency of the allegations...

Excerpt: ...shall state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds be inconsistent. Defendant has not stated specific facts in support of any of its affirmative defenses. The defendant makes factually unsupported allegations, such as the County has not established a right to take the Pro...

Excerpt: ...t 23. The Court notes that the parties' efforts have resulted in Defendant's service of two sets of amended responses to date, the latest of which was provided while the instant motions were pending. Therefore, it appears to the Court that the potential exists for the parties to further narrow and/or resolve the issues presented herein with the pursuit of additional meet-and-confer efforts conducted in faith. The hearing is continued for this pur...

Excerpt: ...he status of the arbitration. Plaintiff Entered Into the Arbitration Agreement, and the Agreement Covers the Dispute A valid and enforceable agreement requiring the resolution of employment-related disputes through arbitration precludes the employee's right to pursue claims in the judicial context. Circuit City Stores, Inc. v. Adams (2001) 532 U.S. 105, 123. The only prerequisite for a court to order arbitration is a determination that the partie...

Excerpt: ... the parties and finds that Defendant has not provided sufficient evidence relative to the ownership of the phone account to justify his claim that disclosure will unduly violate the privacy rights of non-parties herein. Nevertheless, the Court acknowledges that Defendant himself likely has some level of privacy interest in the sought-after phone records, butthe motion herein has not sufficiently demonstrated that Defendant's privacy interests ou...

Excerpt: ...al.App.5* 933, 941; Sanchez v. Kern Emergency Medical Transportation Corp. (2017) 8 Cal.App.5* 146, 165.) In this regard, the Court notes that Dr. Chang relies, in part on a purported declaration from Dr. Roubach explaining his choice of an alternative lens during the initial cataract procedure on 2-11-20; however, the information described by Dr. Chang in this regard does not appear in the evidence submitted with the instant motion. In addition,...

Excerpt: ...fails to survive the statute of frauds, because the FAC is based on an alleged oral contract to purchase real property, which under Civil Code secton 1524(a)(3) is required to be in writing. However, an exception to the statute of frauds is the doctrine of partial performance, pursuant to which an oral agreement for the transfer of an interest in real property is enforceable when the buyer has taken possession of the property, and either makes a ...

Excerpt: ...Judicial Notice - DENIED. As to Plaintiff's requests for judicial notice, none need be taken for the Court to consider published state or federal cases. The California cases are legal authority, and the federal case may be persuasive. The Court finds Defendant's request for judicial notice of unpublished state court cases disingenuous at best. There is a case directly on point. (TBG Ins. Service Corp. v. Superior Court (2002) 96 Cal.App.4th 443, ...

Excerpt: ... by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The Motion does not comply with Code Civ. Proc. secton 1008(a), because plaintiff has not shown any new or different facts, circumstances or law. Pla...

Excerpt: ...lity is required by law, court records are presumed to be open to the public (CRC 2.550(c)). Therefore, pleadings, evidence (including that obtained in discovery), and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. [CRC 2.551(a); see H.B. Fuller co. u Doe (2007) 151 cal.App.4th 879, 888]. Plaintiffs recently filed redacted versions of the relevant pleadings and evidence with th...

Excerpt: ...ly, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the maximum and practical exposure of Defendant on the claims asserted herein. Likewise, with regard to the PAGA claim, the information provided is insufficient for the Court to determine whether the proposed settlement provides for relief that is genuine, meaningful, and consistent with the State's goal of benefitting the public through enforcement ...

Excerpt: ...ferred the three parcels to his daughters, and petitioner has not shown that Arnaldo did not have the authority to do so. As a result of Arnaldo recording the Affidavit of Surviving Spouse, the daughters' parcels were arguably Mr. Avila's separate property as a matter of law pursuant to Probate Code section 13540 (the property shall be free of the rights of the state of the deceased spouse or of the devisees or creditors of the deceased spouse to...

Excerpt: ...that interest accrues at the rate of 10% per year through December 31, 2022, and thereafter interest accrues at the rate of 5% per year. Thus, the judgment only accrued interest at the rate of 5% per year between January 1, 2023, and March 22, 2023. Therefore, the total interest is $7,831.46, not $7,861.41, and the total renewed judgment is $15,819.58, not $15,834.53. Plaintiff asks that the Court use a 10% interest rate through the date of the r...

Excerpt: ...f Tree Guys, would cut and/or trim some palm trees on certain real property in lieu of a cash payment so Tree Guys could store some tree cutting equipment at a yard owned by defendant Eagle Valley Investment. Declaration of Larry Buehner, paragraphs 2 and 3. Thus, it cannot be determined as a matter of law that Tree Guys did not owe a duty to plaintiff Brandon Garcia. Allis-Chalmers Corp. v. Superior Court (1985) 168 Cal. App. 3d 1155, dæs not m...

Excerpt: ...s for Payment Relief De IV LLC Motion to Compel Responses and Production of Documents; Request for Monetary Sanctions- GRANTED, in part, DENIED, in part, d) Defendant's, Fay Servicing LLC and Partners for Payment Relief De IV LLC Motion to Have Requests for Admission Deemed Admitted and Matters Deemed Genuine as Against Plaintiff; Request for Monetary Sanctions —GRANTED, in part, DENIED, in part, unop1H)sed. a) The Court finds that Plaintiff ha...

Excerpt: ...inistrator reports that all the distributions under the Settlement are complete and, if needed, an Amended Judgment is submitted to address distribution of any unclaimed funds in compliance with Code Civ. Proc. section 384. The settlement terms 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 tme from March 5, 2017 through September 30, 2022 (app...

Excerpt: ...irs, representatives, executors, administrators, successors and assigns" of parties to said agreement, Almond Vista Healthcare Center may enforce said arbitration agreement against Plaintiff. The Court 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...

Excerpt: ...certifying the merger. The merger is the sole issue that Defendants contest, and therefore the Court is required to give Defendants an opportunity to respond. However, the Court currently views the request as valid. Defendants do not dispute that the loan, lease and guaranty agreements were entered into or that Defendant have not fulfilled their obligations under the agreements. Defendants only dispute Plaintiff's contention that CIT Bank, N.A. w...

Excerpt: ...d Cause of Acton herein rests on the suffciency of the pleading with regard to the District's alleged violation of the Ralph Civil Rights Act (Civ. Code S 57.1) and the Tom Bane Civil Rights Act (Civ. Code S 52.1). With regard to Defendant's argument that the extended limitations period and revival provisions of Cade Civ. PrcL S 340.1 and the claim exemption provisions of Gov. Code S 905(m) do not apply to the Third Cause of Action herein, the Co...

Excerpt: ... had an existing SBA and construction loan agreement with ATI relative to its construction project at the hotel property but that the Bank served a notce of default against ATI based on a "negligent mischaracterization" of ATI's renovation project involving demolition of the hotel lobby as destruction of collateral which represented security for the loan. In addition, the Bank withheld further constructon funding it had promised to provide under ...

Excerpt: ...ien on Wells, as required by Civil Code sections 8416(c)&(d). Thus, pursuant to Civil Code 8415(e), the lien is unenforceable as a matter of law. Also, pursuant to Civil Code section 8118, when notice is given by mail, the claimant's declaration of proof of service shall be accompanied by certain documentation, and the recorded proof of service fails to include this required documentation. Lisa Declaration, paragraphs 42 —46, and Weber Declarat...

Excerpt: ...s some "certainty" in Section provision of a hard and fast date for valuation of a company when the majority shareholders invoke the buyout process. However, the statute explicitly allows for an alternate (or deferred) date where the moving party can show "good cause." While it is true Plaintiffs "knew what they were doing" when they filed their lawsuit for involuntary dissolution in 2020 — i.e. knew that if the corporation agreed to dissolutio...

Excerpt: ...laint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States. Keystone contracted with RGM to manage the property. Keystone's breach of contract cause of action in the cross-complaint against RGM concerns the amount of insurance obtained. The Property Management Contract contains an express defense and indemnity...

Excerpt: .... 5382; Cal. Rules of Ct., rule 3.769.) Good cause appearingto the satisfaction of the Court, the Court is inclined to find that the proposed settlement and the associated fees and costs are approved as set forth in the motions and supporting papers, as follows: The gross settlement amount is $170,000. Of that, $56, 666.67 is apportioned for attorney fees, $16,368.58 in costs, $7,500 for named Plaintiff, $8,972 in administrative fees, and $7,500 ...

Excerpt: ...ds should be stated with clearness and precision so that nothing is left to surmise. (Bernstein v. Piller(1950) 98 Cal.App.2d 441). The Court finds that Plaintiffs have not stated with clarity and precision essential facts on which their claims rely. More specifically, the Court finds that Plaintiffs' complaint is replete with long, disjointed, rambling, confusing, ambiguous allegations which make it difficult to comprehend said complaint or resp...

Excerpt: ...ona slant as the original moton Boilerplate usage should be clearly case related. Use of ALL CAPS is strongly disfavored. Bolded portions should be bolded for a reason. The Court intends to rule on the matter despite the late filing of the meet-and-confer letter. The Defendant's internal records are suggested to be a proper record for judicial notce. However, there is no evidence provided that the records do not reflect a claim being made. This r...

Excerpt: ...s not considered plaintiff's unauthorized Supplemental Reply filed on June 22, 2023. Code Civ. Proc. section 1048(a) provides for the consolidation of actions: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to...

Excerpt: ...est for Admissions propounded on 2/26/23. Defendant Hudson Insurance Company's request for an order deeming the truth of all ma
©ers speciÞed in Defendant's Request for Admissions, Set One is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents speciÞed in Defendant's Request for Admissions, Set One, is hereby deemed admi
©ed. (California Code of Civil Procedure §2033.280) Monetary sanc
Ÿons of $180 are a...

Excerpt: ...ant are not competitors — in business or any other forum it is decidedly Defendant's burden to demonstrate "good cause" for the AEO designation of any document produced during discovery. If the Defendant's proposed protective order were entered, and Plaintiffs did not "catch" an AEO designation immediately (or later determined a document was improperly designated AEO), that designation would be "final" without any analysis of the "good cause" f...

Excerpt: ...t for production was served by electronic means on Friday, March 24, 2023. Powers Declaration, paragraph 4. Plaintiff's responses to the requests were received on April 25, 2023. Powers Declaration, paragraph 5. Pursuant to Code Civ. Proc. S 2031.260(a), responses were due 30 days after service. Pursuant to Code Civ. Proc. S any right or duty to make any response within any period after the service of the document, which time period or date is pr...

Excerpt: ...ating to Plaintiff's employment with and/or the cessation of employment with Defendants. Further, that Plaintiff's relationship with Defendant Penny Newman Grain is so intertwined with Plaintiff's relationship with Defendant Copper and Gold LLC that Defendants may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant Penny Newman Grain. The Court notes that Plaintiff, upon the Court's finding of a valid...

Excerpt: ... 9th, 12th, 13th, 14th, 15th, 16th, and 17th causes of achon stated therein. With regard to the claims based on Plaintiff's alleged disability, the pleading lacks specific factual allegations establishing that Plaintiff suffered from a condition that constituted a disability, as that concept is defined by FEHA. In addition, the pleading lacks specific factual allegations of discrimination, retaliation, and harassment arising from Plaintiff's incl...

Excerpt: ...suffcient to enable the district to investigate and settle, if appropriate, Plaintiff's negligence causes of action. (Stockett v. Association of California Water Agencies Joint Powers insurance Authority (2004) 34 Cal.4th 441.) To the extent that the defense arguments herein rely on the assertion that Plaintiff's claim was missing information required by Gov. Code S 910, this consttutes an attack on the claim's sufficiency, which was waived by th...

Excerpt: ...arch 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10, 11 and 14. How...

Excerpt: ...conference for Thursday, August 24, 2023, at 8:30 a.m. in Department 22. Clerk to give notice of the Court's ruling. Due to the amount of time which has elapsed since the entry of default judgment, the Court cannot grant relief pursuant to Code Civ. Proc. section 473(b), Code Civ. Proc. section 473.5, or Civil Code secton 1788.61. However, Civil Code section 1788.61(e) prov-des that 1788.61 shall not limit the equitable authority of the court or ...

Excerpt: ... personal jurisdiction, the default judgment is void; such a judgment can be challenged at any time. (CCP S 473(d); Strathva/e Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.) Where a defendant challenges the court's personal jurisdiction on the ground of improper service, the burden is on the plaintiff to prove the existence of jurisdiction due to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4tH 403, 413.) However, a filed ...

Excerpt: ...hursday, July 13, 2023. a) Ms. Vega filed a Reply at 5:22 p.m. on Friday, June 16, 2023. According to the proof of service attached to the Reply, it was served by electronic mail and regular mail on June 15, 2023. On June 20, 2023, Ms. Yciano filed an objection to the Court considering the Reply because it was filed and served three days after the final day to file and serve as set by the Court on May 12, 2023. The Court was very clear at the hea...

Excerpt: ...to the subject discovery and all objec
Ÿons have been waived. (Code Civ. Proc. § 2030.290(a).) Therefore, Pe
Ÿ
Ÿoner is en
Ÿtled to an order compelling Ms. Lunardi to provide answers, without objec
Ÿon, to the subject discovery within 30 days. (Code Civ. Proc. § 2030.290(b).) b) The Court Þnds that Real Party in Interest has en
Ÿrely failed to respond to the subject discovery and all objec
Ÿons have been waived (Code Civ. Proc. § 2031....

Excerpt: ...6 concerning incidences of Covid- 19 infections during August, September, October, November, and December of 2020, and January of 2021, with all patient information, relative information, or other identifying information redacted from the documents. Defendant is also ordered to produce, by no later than July 12, 2023, all documents responsive to Request No. 7 sent to governmental authorities regarding incidences of Covid-19 infections in August, ...