Excerpt: ...ovides otherwise, the rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation.” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984–985.)” The Court is not unsympathetic to the fact that Plaintiff is attempting to represent himself in this matter – which is undoubtedly difficult for someone without a legal background. However, the law requires the Court to hold a self-represen...

Excerpt: ...y successful, the Court DENIES the Plaintiff's request for an award of monetary sanctions. b) Plaintiff's Motion to Compel Further Responses to Special Interrogatories, Set One, From Defendant Valley Subacute & Rehabilitation Center, LLC dba Valley Subacute & Rehabilitation Center and Request for Sanctions ($1,000) – (Continued from 12/28/18) - GRANTED, in part and DENIED, in part as follows. Defendant has now identified over 50 employees (both...

Excerpt: ...n award of monetary sanctions against Plaintiff and his counsel in connection with the issues represented in the instant motion, as well as the failure to meet and confer regarding the issues presented herein. (Code Civ. Proc. §§2030.300(d); 2023.010(f); 2023.020; 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendant's request for monetary sanctions is GRANTED in the amount of $500, to be paid to Defendant's counsel within 14 da...

Excerpt: ...iled to meet its burden of submitting admissible evidence to this Court to establish its prima facie entitlement to judgment as a matter of law. As pointed out in the opposition, Defendant is required to submit admissible evidence to support its purportedly undisputed facts. Here, Defendant fails to do so, and therefore the burden of producing any evidence to show that there are disputes of material fact was never passed to Plaintiff. Even if the...

Excerpt: ... or anything else. Therefore, on the face of the pleadings, the City of Modesto states a cross-claim for Equitable Indemnity, Apportionment of Fault and Contribution and Indemnity as against Cross-Defendant Honeywell International Inc. Cross-Defendant's answer to the Cross-Complaint shall be filed not later than February 8, 2019, pursuant to California Rules of Court, rule 3.1302(g). ...

Excerpt: ...laintiff's counsel. Under the circumstances, the Court finds that all matters currently on calendar for August 10, 2018 shall be continued to October 16, 2018. In order for Defendant's motion to be heard, however, proper service must be accomplished and proof service filed with the Court. (Code Civ. Proc. §1005; Cal. Rules of Ct., rules 1.21 and 3.1300.) ...

Excerpt: ... set forth appropriate material facts and states only allegations and legal conclusions, which are insufficient to support summary adjudication. Moreover, the Separate Statement fails to demonstrate the absence of material factual issues bearing on the existence of a contractual relationship between the parties. As to the Third Cause of Action for Breach of Fiduciary Duty, the Court finds that Defendants, as the moving parties, have met the burde...

Excerpt: ...Request for Admissions, Set One, are deemed admitted. ...

Excerpt: ...'s alternative arguments do not provide sufficient grounds for granting the motion. Leave of court is not required before filing an amendment pursuant to Code Civ. Proc. §474 in Stanislaus County. Under the circumstances, Defendant has not demonstrated sufficient prejudice to justify denial of Plaintiffs' ability to pursue their cause of action against Mr. Bauman on the basis of delay. ...

Excerpt: ......

Excerpt: ...laintiff's Motion to Compel Further Responses to Discovery Propounded on Defendants – Given the Court's ruling on the Defendants' Motion for Judgment on the Pleadings and the fact that the discovery at issue in this motion relates almost entirely to the current Fourth Cause of Action in Plaintiff's First Amended Complaint, it seems appropriate to wait to resolve the issues related to the discovery until the Fourth Cause of Action is sufficientl...

Excerpt: ...q Inc. dba Simons Auto Sales had no notice of it. Additionally, the terms of the parties' agreement as set forth in the operative complaint contain nothing about the award of attorneys' fees and costs in the event of litigation between them, so it would appear that the general rule that each party bear its own costs and fees should apply. ...

Excerpt: ...laintiff's Motion to Compel Further Responses to Discovery Propounded on Defendants – Given the Court's ruling on the Defendants' Motion for Judgment on the Pleadings and the fact that the discovery at issue in this motion relates almost entirely to the current Fourth Cause of Action in Plaintiff's First Amended Complaint, it seems appropriate to wait to resolve the issues related to the discovery until the Fourth Cause of Action is sufficientl...

Excerpt: ...laintiff's counsel. Under the circumstances, the Court finds that all matters currently on calendar for August 10, 2018 shall be continued to October 16, 2018. In order for Defendant's motion to be heard, however, proper service must be accomplished and proof service filed with the Court. (Code Civ. Proc. §1005; Cal. Rules of Ct., rules 1.21 and 3.1300.) ...

Excerpt: ... set forth appropriate material facts and states only allegations and legal conclusions, which are insufficient to support summary adjudication. Moreover, the Separate Statement fails to demonstrate the absence of material factual issues bearing on the existence of a contractual relationship between the parties. As to the Third Cause of Action for Breach of Fiduciary Duty, the Court finds that Defendants, as the moving parties, have met the burde...

Excerpt: ...'s alternative arguments do not provide sufficient grounds for granting the motion. Leave of court is not required before filing an amendment pursuant to Code Civ. Proc. §474 in Stanislaus County. Under the circumstances, Defendant has not demonstrated sufficient prejudice to justify denial of Plaintiffs' ability to pursue their cause of action against Mr. Bauman on the basis of delay. ...

Excerpt: ...q Inc. dba Simons Auto Sales had no notice of it. Additionally, the terms of the parties' agreement as set forth in the operative complaint contain nothing about the award of attorneys' fees and costs in the event of litigation between them, so it would appear that the general rule that each party bear its own costs and fees should apply. ...

Excerpt: ...int adequately alleges four causes of action for professional negligence, breach of fiduciary duty, fraud and breach of contract. Further, the Defendant and Cross-Complainant's amendment of the cross- complaint to allege “delayed discovery” was entirely appropriate and does not constitute a “sham pleading” nor “bad faith” filing. Liberally construed and assuming the truth of the matters alleged therein, the causes of action are suffic...

Excerpt: ...�2030.290(a). Therefore, Defendants are entitled to an order compelling Plaintiff to provide answers, without objection, to Judicial Interrogatories, Set One within 14 days. Further, the Court finds that Defendants are entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff is ordered to pay $265.00 in monetary sanctions to Defendants' counsel within 14 day...

Excerpt: ...�2030.290(a). Therefore, Defendants are entitled to an order compelling Plaintiff to provide answers, without objection, to Judicial Interrogatories, Set One within 14 days. Further, the Court finds that Defendants are entitled to an award of monetary sanctions. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff is ordered to pay $265.00 in monetary sanctions to Defendants' counsel within 14 day...

Excerpt: ...tion. The employer may rebut the presumption by producing evidence that its action was taken for a legitimate, nondiscriminatory reason. If the employer discharges this burden, the presumption of discrimination disappears. The plaintiff must then show that the employer's proffered nondiscriminatory reason was actually a pretext for discrimination, and the plaintiff may offer any other evidence of discriminatory motive. The ultimate burden of ...

Excerpt: ...y, has failed to demonstrate adequate efforts to meet and confer as required by Code Civ. Proc. §430.41. Moreover, the Court's review of the papers suggests that the potential exists for the parties to narrow the issues raised herein with additional time and effort expended in good faith. Accordingly, the hearing is continued on that basis. Defendant's counsel shall file a supplemental declaration describing such efforts and the issues remaining...

Excerpt: ...2014) 223 Cal.App.4 th 762, 777- 778; Allen-Pacific Ltd. V. Superior Court (Chan) 57 Cal.App.4 th 1546, 1551, disapproved on unrelated grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4 th973.) Therefore, the motion is GRANTED, and the matters contained in Request for Admissions, Set One, are admitted. Plaintiff is awarded monetary sanctions against Defendant in the amount of $310, to be paid to Plaintiff's counsel. ...

Excerpt: ... in this context. 2. The request is denied as premature. The Fifth Amendment cannot be invoked by a non-party deponent as blanket protection against discovery in a civil proceeding. The affected deponent must claim the privilege with specific reference to particular questions or documents requested, at which time the trial court is required to undertake a particularized inquiry. The burden rests on the witness claiming the privilege to demonstrat...

Excerpt: ...moving defendants “stood in the shoes” of PVC as its successors-in interest, and if Plaintiffs had prevailed on such causes they would have been entitled to seek attorney's fees from Defendants herein under the contractual provisions. (Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128.) Having reviewed the declarations and evidence submitted with the moving papers, as well as the supplemental declarations of Lewis Soffer, Amy Mathews,...