Excerpt: ...Schmidt possesses the “special knowledge, skill, experience, training, or education sufficient to qualify [her] as an expert” with regard to the issues presented herein. (Evid. Code, § 720(a).) As noted by the Court previously, “Whether [Dr. Schmidt's] knowledge in these areas would be sufficient to convince a trier of fact is irrelevant at this stage of the proceedings.” (See Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 970.) Therefo...

Excerpt: ...de Civ. Proc. §§2025.450(a).) Therefore, Plaintiff shall appear on November 1, 2019 pursuant to the current notice of deposition served by the defense. The Court also finds that Defendant is entitled to an award of monetary sanctions in the amount of $1,633.40 in connection with the above-described failures to appear, necessitating this motion. While the Court recognizes that Plaintiff's counsel describes extenuating circumstances underlying hi...

Excerpt: ...ege claims that are not available against individual supervisory employees. (Reno v. Baird (1998) 18 Cal.4 th 640, 647.) As a foundational matter, the viability of the Sixth Cause of Action for Intentional Infliction of Emotional Distress in this context rests on Plaintiff's ability to sufficiently plead underlying FEHA claims against the individual defendants. (See, e.g. Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4 th 243, 288.) As Plaint...

Excerpt: ... therein. The Court has reviewed the entire Arbitration Agreement and concludes that it is enforceable. With regard to waiver, the Court notes there is no evidence presented by the Plaintiff that the Defendants "stretched out the litigation process, gained information about [the] plaintiff's case they could not have learned in an arbitration, or waited until the eve of trial to move to compel arbitration." See e.g. Khalatian v. Prime Time Shuttle...

Excerpt: ...e causes of action against Defendant. Plaintiff is reminded that it is her burden to demonstrate a “reasonable probability” that she can cure the defects in her Complaint via amendment. See Schnall v. Hertz Corp, (2000) 78 Cal.App.4th 1144, 1151. “Leave to amend should not be granted “where, in all probability, amendment would be futile.”” See Vaillette v. Fireman's Fund Ins. Co., (1993) 18 Cal.App.4th 680, 685. “It is the plaintiff...

Excerpt: ...19-000641 – In re Bosio Revocable Trust Dated September 15, 1993 (Filed 6/14/19); and UD-19-000830 – Richard Bosio v Gina Bosio, et al. (Filed 6/28/19). Upon review, the Court intends to GRANT the motion to consolidate these three matters as it appears that consolidation would avoid repetitive trails of the same “common issues” and thus avoid “unnecessary costs and delays” to the Court and to the parties; as well as avoiding the subst...

Excerpt: ... compliance with the law and as required by the Court's order granting preliminary approval. Having considered the unopposed 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...

Excerpt: ...ualifies as a written contract involving interstate commerce. Lastly, Plaintiff' has failed to demonstrate that the agreement is unenforceable due to unconscionability. While the mandatory nature of the agreement demonstrates some measure of procedural unconscionability, the Court finds no other indicia of procedural or substantive unconscionability in connection with the terms of the agreement. Therefore, the matter is subject to arbitration as ...

Excerpt: ...ting there is a likelihood she will prevail on her request for a civil harassment restraining order. Petitioner presents evidence which, if credited, demonstrates that she was the victim of a “knowing and willful course of conduct” that “seriously alarm[ed], annoy[ed], or harasse[d]” her and which “serve[d] no legitimate purpose.” (Code of Civil Procedure § 526.7, subd. (b).) ...

Excerpt: ...uestions of law and fact predominate over questions affecting individual class members; 5) the class representative has claims typical of the class and subclass members; and 6) the class representative and class counsel will fairly and adequately represent the class and subclasses. It appears adjudication of this matter as a class action is superior to other methods of adjudication and the action is manageable as a class action. Plaintiff Zachary...

Excerpt: ...c)), and it appears to the Court that Plaintiff is unable to add any factual allegations to overcome the demurrer in this regard. The Demurrer to Plaintiffs' cause of action for general/gross negligence is SUSTAINED without leave to amend. The facts alleged appear to describe a claim for professional negligence/ veterinary malpractice; therefore, Plaintiffs' attempt to assert an additional cause of action for general negligence is improper in thi...

Excerpt: .... The amount of fees awarded does not include a multiplier of 1.5, as requested by Gabriel Ashlock. The Court does not believe a multiplier is justified at this stage of the proceedings, as the uniqueness and complexity of the issues confronted during the pre-trial and trial stages no longer existed during the appellate proceedings. b) Fourth Petition for Attorneys' Fees and Costs: At this time the Court DENIES the petition without prejudice. Ini...

Excerpt: ...f Prayer in Plaintiff's First Amended Complaint – GRANTED, in part, with leave to amend; DENIED, in part. The Motion to Strike is GRANTED, with leave to amend, as to the prayer for punitive damages. (Code Civ. Proc. §436.) The pleading fails to allege facts that amount to malice, fraud, or oppression within the meaning of Civ. Code §3294. The Motion is DENIED on all other asserted grounds. While the Court will grant leave to amend in this ins...

Excerpt: ... motion. However, as it appears to the Court that evidence may exist which supports Defendant's position herein, the hearing is continued to allow Defendant the opportunity to submit properly authenticated evidence for the Court's consideration. Defendant shall file and serve such evidence no later than November 27, 2019. Plaintiff may file and serve a brief response to such evidence by December 4, 2019. In addition, the Court notes that Defendan...

Excerpt: ...lic interest.” The social media posts that underlie the causes of action in the cross-complaint were made” in a place open to the public or a public forum.” (Code Civ. Proc., § 425.16, subd. (e)(3)); see Wilbanks v. Wolk (2004) 121 Cal.App.4th 883, 895-898 [finding the internet, generally, is a public forum]; Damon v. Ocean Hills Journalism Club (2000) 85 Cal.App.4th 468, 476 [finding an HOA newsletter was a public forum because it was “...

Excerpt: ...ness and Professions Code section 6148, subdivision (b). (Code Civ. Proc., § 403.30, subd. (a)). Moreover, defendant has provided no authority showing that compliance with Business and Professions Code section 6148 is a defense around which plaintiff must plead, and the court rejects this contention. ...

Excerpt: ...e and finds it needs additional information before it can enter an order that both adjudicates the MSJ/MSA and responds to the reference to a need for a state law determination that is contained in the remand order and related documents. The court therefore continues the MSJ/MSA. The court is aware that this continuance will interfere with the previously scheduled trial date, and the trial currently set for November 5, 2019, is hereby VACATED. Ea...

Excerpt: ...finds that Plaintiff has failed to meet her burden in this regard. Specifically, Plaintiff has failed to produce evidence of a factual dispute with regard to the issue of whether Defendant exercised ownership, possession, or control of the subject property at the time of the alleged injury. (See, e,g. Preston v. Goldman (1986) 42 Cal.3d.108). In fact, the undisputed evidence confirms that Plaintiff cannot establish this element. (UMF 13, 14.) The...

Excerpt: ...roduce the corporate records for inspection under Corp. Code §1602. However, the Court has the ability to impose just and proper conditions on the inspection (Corp. Code §1603(a)) if the corporation is able to demonstrate, by an evidentiary showing, that a protective order is necessary due to the presence of egregious circumstances, i.e. to prevent a tort against the corporation. (Saline v. Superior Court (2002) 100 Cal.App.4 th 909, 914-915.) ...

Excerpt: ...ving papers, the Court sustains the Demurrer in its entirety. Plaintiff acknowledges discovery of the facts underlying her alleged causes of action no later than 2007; therefore, the action is time-barred for Plaintiff's failure to comply with the requirements of the Government Claims Act. Despite the lack of opposition, the Court has reviewed the allegations of the Plaintiff's untimely-filed First Amended Complaint and finds no allegations there...

Excerpt: ...of $383 and Plaintiff has not submitted a cost bill or otherwise substantiated such items by declaration in connection with the motion. Therefore, Plaintiff's counsel shall submit a revised form of order and judgment without reference to the specific amount of the claimed costs. Plaintiff may pursue the recovery of same through the statutory procedures for submission of a cost bill. ...

Excerpt: ...er, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $360 against Plaintiff and her counsel herein, to be paid to Plaintiff's counsel within 14 days. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) b) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things and Request for Monetary Sanctions – GRANTED, and unopposed; The Cour...

Excerpt: ... and that Nichols has failed to meet his burden in opposition. 1. First cause of action for injunctive relief “Injunctive relief is a remedy, not a cause of action.” (City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293.) Because all causes of action fail as described below, there is no valid claim on which the base an injunction. 1. Second cause of action for inverse condemnation The first amended complaint...

Excerpt: ...lludes to in his Cross-Complaint. Therefore, Defendant Thomas Trombetta has leave to file an Amended Cross-Complaint not later than February 14, 2019. b) Plaintiff Sherry Trombetta's Motion to Strike Defendant Thomas Trombetta's Unverified Answer to Verified Complaint - GRANTED, with leave to amend, and unopposed. An Answer to a verified Complaint must itself be verified. Code of Civil Procedure section 446. Defendant Thomas Trombetta's Answer to...

Excerpt: ...y the Court. Moreover, the Court further finds that the Complaint fails to allege facts sufficient to state any cause of action against the demurring defendants and the Court does not believe that amendment of these causes of action is possible. Therefore, the Complaint is dismissed with prejudice. ...