Excerpt: ...ns and portions of the Tenth Cause of Action for Unfair Business Practices which reference other similarly-situated employees and the general public, on the grounds that the allegations are irrelevant and improper. Punitive Damages Plaintiff agrees that he cannot recover punitive damages for his wage claims (the first, second, third and fourth causes of action) or for his tenth cause of action for unfair businesses practices. Civil Code S 3294 se...

Excerpt: ...tes that the excess length of Plaintiff's motion is relatively insubstantial and chooses not to issue sanctons for that or other violations. Plaintiff is cautioned to review the Rules of Court. The Court is limited to the sanctions requested by the motion, and Defendant Derek Taylor Sr. has met the Court's and counsel's patience with failures to perform basic functions. The Court anticipates those issues raised in the reply brief will be remedied...

Excerpt: ...3, 447, fn2; Rule of Court 8.1115.) The reference to "this Court" and the same agreement caused me to look up the trial case; it was a different judge who did so. These rules are in place because it is not persuasive authority for an unpublished case of any stripe unless it falls under one of one of the narrow exceptions. This is not one of them. under the judicial canons, I am not to be swayed by citations to common practice or other judges' rul...

Excerpt: ... those questions; the Court will accept oral argument at the May 3 hearing on any issue. (a) As a preliminary matter, the Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service ofa copy of the file-stamped judgment did not specify that it was performed by order of the court or pursuant to Code Civ. Proc. 5664.5; therefore, the same did not constitute notice of e...

Excerpt: ...itlement to judgment herein. (Code Civ. Proc. Specifically, Defendant has demonstrated, at a minimum, that Plaintiffs cannot establish the element of causation against the moving defendants herein. b) GRANTED, and unopposed Based on a review of the moving papers and supporting evidence, and in view of Plaintiffs' notice of non- opposition to the instant motion, the Court finds that Defendant, as the moving party, has met the burden of demonstrati...

Excerpt: ...ost by Dr. Huang and by Hospitalists of Modesto Medical Group, Inc. was within the standard of care. Pursuant to CCP Section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving parties, the defendants bear the burden of persuasion that there is no triable issue of materia...

Excerpt: ... habit are to award attorney fees only when some element of bad faith is present; I do not want to, for instance, award attorney fees to a respondent where the evidence was simply insufficient to meet the clear and convincing burden. Here, Petitioner failed to note the existence of case FL-23-220, which she now concedes was part of the motive to seek this restraining order. This order was sought to contravene Judge Mumford's order in the other ca...

Excerpt: ...ched to the moving papers. The Court notes that Plaintiff's choice to refer to this as "an unprecedented injustice," does not clarify the geographic or temporal limits of "unprecedented" and invites Plaintiff to explain its position further. Plaintiff was uncareful in its submissions and the Court has questions as to exactly what has occurred. It does not appear to the Court that its clerical staff made any errors....

Excerpt: ...d Property Law to be held in the name of the Settlement Class Member. The Court finds that the settlement was entered into in good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The Court takes the Motion to Dismiss set for July 14, 2023, at 8:30 a.m. off-calendar, and sets a complian...

Excerpt: ... 2023, seeking a total of $6,825.50 in costs: $1,ff9.50 for trial court costs, and $5,155.90 for appellate costs. Mr. Limon timely filed a Motion to Tax Costs. Circle K claims costs of $4,716.70 under Item No. 6 of the Memorandum of Costs on Appeal for transmitting, filing, and serving of record, briefs, and other papers. See Stiller Declaration, Exhibit B, Memorandum of Costs on Appeal. Mr. Limon is challenging $4,489.20 of these costs as unreco...

Excerpt: ...ion." People v. Hutchinson (1969) 71 Cal.2d 342, 350. Ms. Engebretsen was the only juror who the award was not sufficient, and Ms. Engebretsen's observations concerning what the other jurors allegedly said concerning non-economic damages are not corroborated by any of the other jurors, none of whom have come forward, but only by plaintiff's counsel. The Court therefore finds that Ms. Engebretsen's observations are insufficiently to support a find...

Excerpt: ...on v. Mohamad, case No. CV-22-00032. The Court views it as likely that it will DENY the motion and stay the Hodgson case. The Court is somewhat confused in that all of the pleading reference a jury trial. However, demands for specific performance are not entitled to a jury (See: Darbun Enterprises v. San Fernando Community Hospital (2015) 239 cal.App.4± 399.) If Khan is successful, Hodgson would have a right to have the remainder of the case hea...

Excerpt: ...as submitted conditionally under seal) does not comply with the requirements of Code Civ. Prtw S 2015.5; therefore, it does not presently constitute admissible declaration evidence. Therefore, defense counsel shall be prepared to submit such evidence in a Code-compliant format at the time of the hearing. In addition, defense counsel shall be prepared to meaningfully discuss the potential effectiveness of a brief further continuance on Mr. Burchel...

Excerpt: ...uses of Action of Plaintiff's Complaint— GRANTED in part and DENIED; d) Plaintiff's Verified Application of Samuel A. Harding to Appear as Counsel Pro Hac Vice and Take Part in Case with Local Counsel —HEARING REQUIRED. a) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted in compliance with California Rules of Court, rule 9.40. b) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted...

Excerpt: ...CM991. On November 17, 2022, the Court dismissed Case No. PR-22-W021 without prejudice. The moving and opposing papers were only filed in Case No. not in the active case, which is Case No. PR-21- OW991. Therefore, the Court is ordering the clerk to image the moving and opposing pa#rs in Case No. PR-21-cm991. Petitioner is appealing the Court's denial of petitioner's Motion to Set Aside the Spousal Property Order. See Opposition, Exhibit A - The C...

Excerpt: ... the basis of medical records now available to Plaintiff and submitted to the Court, that Plaintiff was admitted to Defendant Almond Vista Healthcare Center's facility on June 29, 2022, and that the arbitration agreement between the parties was dated June 29, 2022. The Court also finds that Plaintiff has clarified that his allegations of elder abuse, specifically, the allegations of the unnoticed development of maggots in Plaintiff's wound, arose...

Excerpt: ...without leave to amend on demurrer, or a motion for summary judgment, on the ground the complaint does not adequately raise that legal theory of liability. (Smith v. Wells Fargo Bank, N.A. (2005), 135 Cal.App.4th 1463, modified on denial of rehearing, review denied, on remand 2007 WL 5165852). Consequently, the Court finds that Plaintiff's failure to raise a Labor Code section 558.1 legal theory in his complaint is not fatal and is not a basis to...

Excerpt: ...SUSTAINED. The assertions are vague as to the manner in which this was received. Objection 4: The Foundational objection is SUSTAINED. The Court notes that the declaration asserts without evidence that this is a picture prior to the breaking of the dial. Plaintiff has demonstrated Mr. Buske's status as a retained consultant to Plaintiff's counsel prior to the designation of experts in the matter. Therefore, Defendants' right to obtain discovery f...

Excerpt: ...D, and unopposed; sanctions reduced. (a) The Court finds that Defendant entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. SS 2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 30 days. (Code Civ. Proc. SS 2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connect...

Excerpt: ...ject discovery and all objections have been waived. (Code Civ. Proc. "2030.290(a).) Therefore, Petitioner is entitled to an order compelling Mr. Bazan to provide answers, without objection, to Form Interrogatories, Set One within 30 days of service of notice of entry of the Court's order. (b) The Court finds that the Claimant, Gabriel Bazan, has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Pr...

Excerpt: ... Court is mandated to seriously consider even unreasonably late amendments and to assess the potential prejudice of granting such an amendment. Defendants outline additional discovery that would need to be undertaken but concede that those issues would be resolved with a continuance of the trial date. Given the slight or non-existent prejudice due to the lateness of the filing, the Court believes it is constrained to grant the motion. There is a ...

Excerpt: ...s: At any time after notice of pendency of achon has been recorded, any party...with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. ...Evidence or declarations may be filed with the motion to expunge the notce. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affect...

Excerpt: ...s' withdrawal of this portion of their motion leaves only the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. at issue. As to the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. the Court GRANTS the Defendants' motion to compel responses, as modified to "all grower statements/invoices from 2011 to present evidencing the amounts charged to and paid by Stewart Ranches Partnership a...

Excerpt: ...party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code S 2025.310). The Court finds that Plaintiff's remote deposition will not inhibit Defendant's Counsel's ability to confer with Defendant in the course thereof or during breaks. The Court further finds, in light of Plaintiff's expressed concerns about Defendant's physical presence causing her anxiety and emotional distress, that...

Excerpt: ...egal duty, breach of that duty by the Defendant, and damages caused by the breach. Plaintiff's complaint fails to state facts sufficient to state the necessary elements of her presumed cause of action (or any cause of action). Additionally, a cause of action for personal injury accrues at the time of the injury. (Wassmann v. South Orange County Community College District (2018) 24 Cal.App.5th 825). A two-year limitations period applies to an acti...

Excerpt: ...found that Song-Beverly claims are arbitrable. Also, plaintiff has not shown that he would be prejudiced by the arbitration of his claims. The Motion as to Central Valley Nissan Defendant Central Valley Nissan has shown that on July 1, 2017, plaintiff Rodney Borba purchased the 2020 Nissan Titan at issue in this case from Central Valley Nissan, as memorialized by a Retail Installment Sale Contract—Simple Finance Charge (with Arbitration Provisi...

Excerpt: ...regardless of their professional stand-ng, to carry out their custodial obligations. (Cal.Welf. & Inst.Code S 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) "Recklessness" refers to a subjective state of culpability greater than simple negligence, which has been described as a "deliberate disregard" of the "high degree of probability" that an injury will occur (BAJI No. 12.7...

Excerpt: ... Discovery Referee— a) Plaintiff Harpreet Dhaliwal's Motion to Com#l Responses to Form Interrogatories, Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee being appointed by the Court on this date. b) Plaintiff Harpreet Dhaliwal's Motion to Compel Responses to Requests for Production of Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee appointed by the Court on this date. c) Plaintiff Har...

Excerpt: ... preventing judgment or adjudication of the subject claims. With regard to the Second and Third Causes of Action, the Court finds that Plaintiff has failed to carry his burden with regard to the element of causation. Specifically, Plaintiff submitted no admissible evidence establishing that the Defendant's alleged negligence proximately caused the death of Plaintiff's decedent. Therefore, the motion for summary adjudication is GRANTED as to those...

Excerpt: ...a) The judgment may not be enforced; (b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease; and (c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished. As an alternative to filing an application for renewal of judgment, Code Civ. Proc. § 683.050 allows for the bringing of an action on a judgment within the 10-year deadline as specified in Code ...

Excerpt: ...Dunes. Although Hisun settled with plaintiffs, Hisun remains a party to the action by virtue of its cross-complaint against L&K, as well as L&K's cross-complaint against Hisun. Before the Court this day is the continued hearing on Hisun's motion to “sever” (more accurately, to bifurcate) the cross- complaints. Bifurcation services two principal purposes: first, to prevent a waste of time and money resulting from a trial of unnecessary issues;...

Excerpt: ...Defendant's medical expert, Dr. Marks, on the issues of standard of care and causation are conclusory, speculative, and unsupported by a reasoned explanation of the factual bases for his stated conclusions. (See, e.g. Doe v. Good Samaritan Hospital (2018) 23 Cal.App.5th 653, 662.) In addition, assuming arguendo that Defendant's moving evidence was sufficient to shift the burden to Plaintiff to introduce admissible evidence demonstrating the exist...

Excerpt: ...CACI 204 at trial. The use notes of CACI 204 encourage case-specific instructions. This may not have been intentional, but the evidence is likely sufficient for the issue to be analyzed by the jury. The history appears to be as follows: Crash: December 16, 2016. Traffic photos taken by ID tech Lavonne Nicolai: Same day. Traffic collision report provided to Plaintiffs: January 26, 2017. Plaintiff's counsel requested all Nicolai photographs from MP...

Excerpt: ...herwise to set aside the Trust or any of its dispositive provisions. The Court further does not find that Ms. Frey acted in bad faith. However, the Court awards attorney's fees of $52,789.43 ($49,289.43 for prior work and $3,500.00 for the current motion) and costs of $5,722.26 in favor of Carol Dupree, to be paid out of the Trust corpus, with no apportionment as to the beneficial interests. The Motion is timely in that it was filed within 60 day...

Excerpt: ...the action.” (California Code of Civil Procedure, 2024.020). The Court also finds, on the basis of the supporting and opposing declarations, that Plaintiffs have not established there is a substantial probability they will prevail on their punitive damages claims. (California Code of Civil Procedure Sections 3294 & 3295). The Court further finds Defendant's financial records are publicly available. Plus, in conjunction with said publicly availa...

Excerpt: ... case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Mr. Salazar requests that the Court not enforce the settlement agreement because he did not sign it, and because he has now changed his mind. However, changing one's mind about a...

Excerpt: ...y the judge, issues of fact shall be tried to the jury. Code of Civil Procedure section 592. Plaintiffs seek to bifurcate what they describe as issues of law – however, in reality what Plaintiffs seek to bifurcate are mixed issues of fact and law. Additionally, as noted by Defendant in its opposition, the issue of whether Defendant's pre-litigation offer was “sufficient” is not a “defense” in this mater – rather it is an essential ele...

Excerpt: ...laimed Checks Non-Reversionary: State Controller's Office, Unclaimed Property Division, in name of each unclaimed payee. This is a wage and hour dispute. A separate case against Defendant had an approved PAGA settlement on July 29, 2022, which appeared to preclude many of Plaintiff's PAGA claims in this case. For good cause shown, the class is certified for settlement purposes only. (Cal. Rules of Ct., rule 3.769(c).) Based on the moving papers, ...

Excerpt: ...4, 2023. Defendant is ordered to prepare a Judgment of Dismissal. On January 5, 2023, the Court continued the hearing on defendant's Motion for Issue, Evidence and/or Terminating Sanctions and for Monetary Sanctions to March 2, 2023, and ordered plaintiff to serve verified responses to the discovery requests without objections by no later than Friday, February 4, 2023, or the Court may dismiss the action and impose additional monetary sanctions. ...

Excerpt: ...e counsel has shown that he met and conferred with plaintiff's counsel prior to filing the Demurrer, as required pursuant to CCP Section 430.41, but that counsel were unable to reach an agreement. Declaration of Jack D. Polales, paragraphs 3 and 4. Pursuant to CCP Section 430.41(e)(1), a complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable pos...

Excerpt: ...e 2020 ICF Report at the time the project was approved. Counsel now asserts this was in error. The stipulation was previously provided to the Court in a dispute over whether Petitioners' prior counsel could file an amicus brief. A party may not offer a fact for one purpose to its advantage, and then later ask the Court to disclaim that fact; if it were one party, it would be a judicial admission, but in this case both parties stipulated to the fa...

Excerpt: ...t is entitled to a greater amount of deposit. What evidence do I have to support either figure? The Court view the hardship on Plaintiff to be substantial and likely outweighs the hardship on Defendants. However, the County asserts in its reply that granting an extension to leave the house until August, 2023 will cause it hardship. What specific construction issues has the County shown that cause this to be unreasonable? The County must prove “...

Excerpt: ...hat party from this waiver on its determination that the party has subsequently served a response that is in substantial compliance with CCP Sections 2033.210, 2033.220, and 2033.2030, and the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. Pursuant to CCP Section 2033.280(b), the requesting party may move for an order that the genuineness of any documents and the truth of any matters spec...

Excerpt: ...tion of the State Route 108/North County Corridor Phase 1 Project, and all uses necessary, incidental and convenient thereto. However, the Court finds that at this time, the balance of hardship weighs in Defendant's favor as the Relocation Assistance Program has not effectively discharged its obligations to “assure that the unique circumstances of any displaced person are taken into account” and to “assure that a person shall not be require...

Excerpt: ...ntiff's acknowledgement that she is aware of the identities of the relevant witnesses, and it appears that any information they have to offer is readily available to Plaintiff via civil discovery procedures, which should be effective and easily accessible as a means of obtaining relevant evidence in this action. The Court's ruling is made without prejudice to future consideration of the above-referenced competing interests in this regard at a tim...

Excerpt: ...urisdiction to make the finding. If Alvarenga Transport LLC wishes to argue that matter, the Court will hear it despite the lack of filed opposition. The Court finds that the notice of settlement, application for good faith determination and proposed order were timely filed and properly served, with proof of service timely filed, as provided by law. (Code Civ. Proc., § 877.6(a)(2); Cal. Rules of Ct., rule 3.1382.) The time in which any non-settl...

Excerpt: ...tness fees) $175.00 (out of claimed costs of $8,520.69) Item No. 11 (court reporter fees) $17,007.38 Item No. 12 (models, photocopies) $1,402.20 Total Costs Allowed: $32,791.38 Pursuant to CCP Section 1033.5(c)(2)&(3), allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Item No. 1 – Filing and Motion Fees If the court determines that CCP Section 1033.5 ex...

Excerpt: .... Fischer seeks summary judgment or, in the alterative, summary adjudication concerning respondents' Objection to First Account and Report as to the following issues: 1. Whether Mr. Fischer has expended funds from the Morgan Stanley account without an order of the Court thereby being in violation of the September 27, 2016 Order, which allegedly requires that the funds of the Trust held by Morgan Stanley shall remain blocked until a further order ...

Excerpt: ...standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011). Neglect includes failure to assist in the provision of food and to protect from health and safety hazards. (CACI 3103, Welfare & Institutions Code § 15610.57). “Recklessness” refers to a subjective state of culpability greater than simple neglige...

Excerpt: ... the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. The Cou...