Excerpt: ... the amount of $1,060.00 against Defendant and Defendant's Counsel – GRANTED, and unopposed; c) P la in t if f 's M o t io n t o Compel Further Responses to Demand for Production, Set One from Defendant, Mid Valley Agricultural Services, Inc; Request for Sanctions in the amount of $1,060.00 against Defendant and Defendant's Counsel – GRAN TED , a n d unopposed; d) Plaintiff's Motion to Compel Further Responses to Request for Admissions, Set O...

Excerpt: ...f demonstrating that Plaintiff does not possess the evidence to conclusively establish that said asphalt grindings were spilled by an employee/ contractor working on the Teichert / Caltrans Highway 99 jobsite on the date of Plaintiff's accident. (Code of Civil Procedure § 473c; Ag u ila r v . At la n t ic Ric h fie ld Co . , 25 Cal.4th at 850). (Defendants/ Cross Defendant's UMFs Nos. 20 - 23). However, the Court also finds that the available ev...

Excerpt: ... timekeepers, the nature of the work performed, the customary billing rate for each timekeeper, and the prevailing rate for comparable legal services in the co mmunity. ( Serrano v Unruh (Serrano IV) (1982) 32 Cal.3d 621, 643; Serra no v Priest (Serra no III) (1977) 20 Cal.3d 25, 48.) The Court itself has e xp e r ie n c e f r o m h is y e a r s in t h is c iv il la w a s s ig n m e n t r e v ie w in g a n d d e t e r m in in g attorney fee motio...

Excerpt: ...he substance of the fee request, the Court notes that Plaintiff primarily contests the reasonableness of the hours claimed by Defendant herein. The successful party is normally entitled to a fully compensatory fee, which may be reduced only where special circumstances render the same unjust. ( Se rra no v. Unruh (1982) 32 Cal.3d 621, 639. ) Regarding the lodestar fees calculation, the Court finds, on the basis of the declarations submitted by Mr....

Excerpt: ...ccessful party is normally entitled to a fully compensatory fee, which may be reduced only where special circumstances render the same unjust. ( Serra no v. Unruh (1982) 32 Cal.3d 621, 639. ) Regarding the lodestar fees calculation, the Court finds, on the basis of Ms. Spiezia's declaration, that the hours claimed herein were reasonably incurred and substantially contributed to the ultimate successful result on the subject contract c la im s . ( ...

Excerpt: ...nt to be the prevailing party under the attorneys' fees provisions contained in the subject contracts. (Civ. Code § 1717.) Since the instant lawsuit involves adjudication of claims based on multiple, independent contracts, Civ. Code § 1717 requires the determination of a prevailing party as to each contract, without reference to which party prevails in the lawsuit as a whole. (See, e.g. Arntz v. St. Paul Fire & Marine Insurance Co. (1996) 47 Ca...

Excerpt: ... . (a ) The Court finds that Plaintiff entirely failed to respond to the subject discovery a n d a ll o b je c t io n s a r e w a iv e d . (Code Civ. Proc. § 2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without ob jection, within 14 days. (Code Civ. Proc. § 2030.290(b). ) The Court further finds that Defendant is entitled to an award of monetary sanctions in connection with this ...

Excerpt: ...hen shifts t o Cross-Complainant to demonstrate the probability that she will prevail on the merits of the subject cause of action as it relates to the protected activity. The Court finds that the application of the litigation privilege prevents Cross- Complainant from relying on the filing of the instant action as the basis for her breach of contract claim; therefore, she is unable to meet her burden on the instant motion. As a result, the Court...

Excerpt: ...ed in the opposition, the motion is DENIED . First, there is no separate statement as required by rule 3.1345(a)(2) of the California Rules of Court. The failure to file a separate statement is in and of itself sufficient grounds to deny the motion. (See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409 n.14; cf. Mills v. U.S. Ba nk (2008) 166 Cal.App.4th 871, 893. ) Second, the supporting decla...

Excerpt: ...int are subject to the 2 -ye ar lim it a t io n s p e r io d s e t f o r t h in Co d e Civ . P r o c . § 3 3 5 .1 . As the action was filed outside that period, it is time -barre d. Plaintiff contends that she has adequately pleaded late discovery because she did not know how she had been injured until the BBS reports and findings issued in November 2022 . “In order to rely on the discovery rule for delayed accrual of a cause of action, ‘[a]...

Excerpt: ...satisfaction of the Court, the class is certified for settlement purposes only in accordance with Cal. Rules of Ct., rule 3.769(c). Th e class counsel, class representative, and claims administrator are hereby p r e lim in a r ily a p p r oved and appointed as set forth in the motion. The Court sets the following deadlines relative to this matter: 3-26 - 24 Defendant shall provide Class List and Data Report to Administrator 4-5-24 Administrator s...

Excerpt: ...ll Co. v. Cit y of Ana he im ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Indust ries , Inc., (1979) 94 Cal. App. 3d 895, 900) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568) . Furthermore, an appurtenant easement is a par...

Excerpt: ...finds that the opposing parties have met their burden in this regard. With regard to the existence of a dangerous condition, the opposing evidence demonstrates material factual disputes about the nature and severity of the subject condition which prevent this issue from being adjudicated as a matter of law. (See, at a minimum, Plaintiff's response to UMF 11 and Plaintiff's Additional Facts.) With regard to the issue of notice, the opposing eviden...

Excerpt: ...iate for determination on demurrer. Moreover, the instant demurrer is not the proper procedural vehicle for a challenge to Plaintiffs' ability to claim punitive damages. (See, e.g. Grieves v. Superior Court (Leonard L. Fox) (1984) 157 Cal.App.3d 159, 163.) Defendants' Request for Judicial Notice is GRANTED as to the existence and contents of the subject court records. (Sosinskyv. Grant (1992) 6 Cal.App.4th 1548.) However, the Court finds that the...

Excerpt: ... efforts to meet and confer with regard to the disputed requests. Counsel are reminded that discovery is intended to be self-executing and are instructed to continue to meet and confer in good faith, in person or by telephone, with the goal of narrowing and/or resolving the disputes herein. In addition, the Court recognizes the relevance of the requested discovery with regard to the identification of information and materials concerning other stu...

Excerpt: ...irst Amended Complaint. Therefore, the Court finds that the Second Amended Complaint fails to state facts supporting the 2nd, 5th 6th 7th 8th 9th, 12th, 13th, 14th, 15th, 16th, and causes of action 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. ...

Excerpt: ...e the above-mentioned procedural deficits, the Court has reviewed the substance of the moton and finds that Plaintiff, as the moving party, has failed to meet her initial burden of demonstrating entitlement to judgment herein. Specifically, expert medical testimony is required to support Plaintiff's claim for medical negligence in this context, and no such testimony has been provided. (Hanson v. Grode (1999) 76 cal.App.4± 601, 605-607.) Further,...

Excerpt: ...esentation that responses would be served no later than 12-15-23; Counsel shall appear to confirm whether this was accomplished. In addition, the Court is inclined to award sanctions against Defendant Craven Farming Company and its counsel in favor of Plaintiff in connection with the instant motion, which appears to have been necessary in order to elicit the required responses. Therefore, sanctions are awarded in the amount of $460, to be paid to...

Excerpt: ...82; Cal. Rules of rule 3.769.) Good cause appearing to 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 motion and supporting papers, as follows: Fees and costs of Settlement Administrator: $9,500 Payment to Class Representatives: $17,500 PAGA allocation to LWDA (75%): $15,000 Class Counsel's attorney's fees: $325,000 Class Counsel's costs:...

Excerpt: ...scovery Act under which Plaintiff seeks relief in this instance. Moreover, while the Court presumes that Plaintiff may be attempting to obtain an order suppressing the June 2023 deposition pursuant to Code Civ. Proc. S 2025.520(g), Plaintiff has failed to demonstrate the meet-and-confer efforts required by that section. Moreover, the Court questions whether Plaintiff brought the instant motion seasonably, as it appears she delayed in this regard ...

Excerpt: ...bitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement." Petitioner Central Valley — Sierra Associates ("CVSA") is correct in contending that there is an overarching lev...

Excerpt: ...law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591.) The Court also considers matters that can be judicially noticed. (Ibid.) The Court sustains the demurrer on the following grounds: (1) Plaintiff has not demonstrated that she complied with the Government Claims Act; (2) the pleading is barred by the statute of limitations; and (3) Defendant Lucas is protected by quasi-judicial immunity with regard to the allegations in the First Amended Complaint...

Excerpt: ...dant Fulmer Pursuant to California EVIDENCE Code Section 1043 - GRANTED in part and DENIED in part. a) Plaintiffs' motion is GRANTED in part and DENIED in part. Plaintiffs' motion to compel responsesto the three questions set forth in the notice of motion and motion is GRANTED. Any issues, questions, or "matters of first impression" arising during the meet and confer process which occurred after the Court initially heard the Plaintiffs' motion an...

Excerpt: ...tion of the application of the immunity provided in Civ. Code S 846 (UMFs 21, 24, 25 and Plaintiff's Additional Facts 33-38, 40, 43, 44), she has failed to meet her burden as to Defendant's actual or constructive notice of the allegedly dangerous condition and causation (UMF 9, 26-30). Therefore, the Court finds that Defendant is entitled to judgment in its favor on the grounds that Plaintiff cannot establish these elements of her cause of action...

Excerpt: ...efendant's motion argues that it is not liable to indemnify Cross-Defendant Nicklaus Rey Siguenza because it is not liable to Plaintiff, the fact that the Court concludes Defendant's motion should be denied — with regard to both primary and alternative relief — dispenses with any need to rule directly on issues raised by Defendant's motion as it pertains to Cross-Defendant Siguenza. The Court believes the Plaintiff's evidence of "substantiall...

Excerpt: ...ategories and documents specified in Plaintiff's deposition notice. To the extent that the latter issues are raised bythe instant motion, the Court finds that the motion is premature. In addition, the papers demonstrate insufficient meet-and-confer efforts on those issues. With regard to the scheduling of the deposition itself, the Court notes that the defense has indicated a willingness to produce a qualified witness at a "mutually agreeable dat...

Excerpt: ... are waived. (Code Civ. Proc. S 2031.3W(a).) Moreover, the Court finds that Plaintiff has not complied with the requirements for relief set forth in Code Civ. Prtw S 2031.3W(a). Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (CINIe Civ. Proc. S 2031.3w(b).) In addition, the Court finds that Defendant is entitled to an award of monetary sanctions in connection wit...

Excerpt: ...ourt also finds the unanimous rate of participation by class members to be a strong factor in approving this settlement. The Court also finds the awards to the Class Representatives and to the Class Members to be appropriate given all relevant factors of the Settlement. The Court also finds the attorney's fees to be comparable to the award of fees generally issued by California Courts. Therefore, the Class Class Representatives, and Class Counsel...

Excerpt: ...ars to identify factual issues with regard to whether the defect at issue triggered the potential for liability under the notce provisions of Modesto Municipal Code S 7-1.304. (See, e.g. UMF 12, 13, 18, 23-25.) In addition, Defendants' evidence does not support the conclusion that the subject defect was trivial as a matter of law. (See, e.g. UMF 24.) Assuming arguendo that Defendants had met the initial burden of establishing prima facie entitlem...

Excerpt: ...nd Blanca Padilla's Motion to Deem Admitted the Truth of the Matters Asserted in Requests for Admissions; Request for Monetary Sanctions — GRANTED, and unopposed. (a) The Court finds that Plaintiff, Viorica Jerrick, entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection...

Excerpt: ..., 1287.4.) In that event, judgment shall be entered in the amount of $4,925 plus interest at 10% per annum from 3-23-23 to the date of judgment. (b) Preliminarily, the Court notes that the “trial” referenced in the instant mo
Ÿon appears to reference the hearing on Pe
Ÿ
Ÿoner's request to conÞrm the contractual arbitra
Ÿon award issued on 2-23-23. In addi
Ÿon, the Court notes that the hearing on the subject pe
Ÿ
Ÿon was previously con...

Excerpt: ...in Department 23; With regard to Special Interrogatories 1, 4, 14, and 16, the Court finds that Defendant has provided Code-compliant responses and no further responses are required. With regard to Special Interrogatories 18 and 19, however, the Court is inclined to find that Defendant is entitled to the requested discovery, provided that the responsive information can be limited to avoid the disclosure of personal identifying information of non-...

Excerpt: ...aintiff's argument that the communications regarding the multiple extensions of time afforded Defendant established Defendant's waiver of objections is not correct; none included an express waiver. (Code Civ. Proc., S 2031.270(c).) Plaintiff's further argument that the initial, objections-only response were tantamount to no response because these were unverified is also incorrect; objections only need be signed by counsel. (Code Civ. Proc., S 203...

Excerpt: ...anted. Responses shall be provided within fifteen (15) days. The request for monetary discovery sanctions is denied without prejudice. The Court finds that a good faith argument regarding the private and/or confidential nature of the discovery sought renders the imposition of discovery sanctions unjust. That said, this is the second motion to compel that Plaintiff's were required to bring and discovery is designed to be self-executing. Repeated d...

Excerpt: ...rt (Cole National Corp.) (2004) 122 Cal.App.4± 1060, 1078.) Plaintiffs' generic reference to the "State of California" does not provide sufficient information to put the relevant agency or department on notce of the claim(s) against it herein. Moreover, Plaintiffs' argument in opposition, i.e., that the subject property is designated as "open irrigated land" under the California Land Conservation Act, appears insufficient to support the purporte...

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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ... with his claimed injuries, based on the undisputed evidence that Defendant did not own, possess, or exercise control over the property where the injury occurred, nor did Defendant have actual notice of any dangerous condition on the subject adjacent property. The burden then shifts to Plaintiff to produce admissible evidence establishing a material factual dispute preventing judgment against him. In view of the lack of opposition, Plaintiff has ...

Excerpt: ...t-and-confer efforts on the disputed issues in good faith. For example, the Court notes that the parties were able to agree to the terms of a protective order and that Defendant indicated the intenton to produce further documentation pursuant to the same, but it is unclear whether such additional production occurred or whether additional communication was had on those issues. Therefore, the Court believes that, with additional efforts expended in...

Excerpt: ...t the video footage is inconsistent with Cross-Defendant's declara
Ÿon tes
Ÿmony on these issues and does not support her prima facie en
Ÿtlement to judgment. Assuming arguendo that Cross-Defendant fulÞlled her ini
Ÿal burden herein, the burden would then shi
L to Cross-Complainant to introduce admissible evidence demonstra
Ÿng the existence of a triable issue of material fact. (Code Civ. Proc. § 437c(p)(2).) The Court Þnds that Cross-Com...

Excerpt: ...ns of the secton entitled Mediation and Arbitration of Disputes in the Amended Buy-Sell Agreement for Blue Tech Water, Inc., entered into on August 26, 2019. The court action is stayed pending completion of the arbitration. Respondent Anthony Delgado's Motion to Compel Further Responses to Requests for Production of Documents, Set One, which is set for June 15, 2023, and the Case Management Conference set for July 24, 2023, are taken OFF-CALENDAR...

Excerpt: ... submitted in connecton with Defendants' Memorandum of Costs, the Court finds that Plaintiff has met her burden of demonstrating that certain of the costs claimed are unrecoverable under Code Civ. Proc. S 1033.5 or are excessive and/or unreasonable, such that the burden shifts to Defendants to show that the items charged were for matters necessarily relevant and material to the issues inwlved in the action. (Nelson v. Anderson (1999) 72 cal.App.4...

Excerpt: ...judgment based on the submitted evidence demonstrating its lack of actual or constructive notice. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. S 437c(p)(2).) The Court finds that Plaintiff has met his burden in this regard, at a minimum, with regard to the issue of constructive notice. (Gov't. Code S 835(b).) Plaintiff's evidence supports an in...

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: ...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: ... 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: ...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: ... regardless of the inclusion of a delegation clause in the subject agreement, these types of foundational issues must be determined by the Court. (Bruni v. Didion (2008) 160 Cal.App.4 th 1272, 1285.) The Court finds that Defendant has failed to meet its burden of establishing the existence of a valid arbitration agreement in this instance, based on the fact that none of the purported evidence submitted by the defense has been properly authenticat...

Excerpt: ...o the issues of whether Defendants breached their duty to provide Plaintiff with safe premises and whether Defendants' actions substantially contributed to Plaintiff's injuries. (See, at a minimum, Plaintiff's Additional Facts 72-77.) Plaintiff's objection to Exhibit E to Defendants' moving evidence (excerpts from Plaintiff's medical records) is SUSTAINED on the grounds stated. Plaintiff's objection to the Declaration of Anita Benjamin in support...

Excerpt: ...law enforcement officers who crashed in their police cruiser. Plaintiffs generally contend that the crash occurred because the cruiser was designed in such a way as to permit carbon monoxide to seep into the cabin, rendering both of them unable to avoid the fatal crash. Defendants counter that there is no defect with the subject cruiser, and even if there was, carbon monoxide was not a legal cause of crash. Defendants' motion for summary adjudica...

Excerpt: ...n driving to an accident victim and providing medical care to the victim. (See, e.g., Aldana v. Stillwagon (2016) 2 Cal.App.5th 1, 8 – A paramedic's exercise of due care while driving is not necessary or otherwise integrally related to the medical treatment and diagnosis of the patient, at least when the patient is not in the vehicle.) Moreover, the cited immunities expressly apply to medical services rendered at the “scene of an emergency,�...

Excerpt: ...asonably and necessarily incurred. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Therefore, Cross‐Complainant's request that the claimed costs be stricken in their entirety is denied. However, the Court finds that Cross‐Complainant has properly objected to certain of the costs claimed herein, such that the burden shifts to Cross‐Defendant to show that the items charged were for matters necessarily relevant and material to the issues ...

Excerpt: ...ading at this point in time is the First Amended Complaint filed on 9‐21‐22. As the arguments set forth in the supporting papers are directed against the claims contained in the amended pleading, the Court presumes that the moving document inadvertently failed to identify the First Amended Complaint in this regard. With regard to the Second and Fourth Causes of Action, for Professional Negligence and Negligent Infliction of Emotional Distress...

Excerpt: ...n order compelling the appearance of Defendant's Person Most Qualified at the location chosen by Plaintiff within the statutory mileage limitations. (Code Civ. Proc. §§2025.250, 2025.450(a).) Counsel shall meet and confer to select a mutually agreeable date to complete the deposition, which should occur no later than February 15, 2023. With regard to specific issues presented by Defendant's objections to certain categories of testimony and docu...

Excerpt: ...has failed to meet his burden in this regard. Specifically, Plaintiff has failed to demonstrate the existence of a material factual dispute with regard to (1) his independent contractor status as defined by the factors set forth in Labor Code §2750.5, or (2) Defendant's alleged retained control over the work. Therefore the Court finds that Defendant has established the absence of liability for Plaintiff's claimed injuries in this context as a ma...

Excerpt: ...y Process – DENIED; c) Defendant City of Oakdale's Motion to Compel Responses and Further Responses to Plaintiff Fernando Jaquez's Responses to Special Interrogatories, Set One; Motion for Monetary Sanctions for Misuse of the Discovery Process – DENIED; d) Defendant City of Oakdale's Motion to Compel Further Responses to Plaintiff Fernando Jaquez's Responses to Request for Admissions, Set One; Motion for Monetary Sanctions for Misuse of the D...

Excerpt: ...cks standing, he cannot state a claim for violation of the Act, and therefore granting Plaintiffs the ability to amend the complaint would be futile. Initially, the Court notes that it GRANTS Defendant's request for judicial notice of the Retail Instalment Sales Contract (RISC) and vehicle registration card in this matter. Plaintiffs did not oppose the Defendant's request for judicial notice and the RISC, most importantly, establishes that Plaint...

Excerpt: ...iew of Estrada, supra, in June 2022, explicitly allowing the opinion to continue to be cited both for persuasive value and for the limited purposed of establishing the existence of a conflict in authority which supports the exercise of the trial courts' discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456 to choose between sides of such a conflict. (See Standing Order Exercising Authority Under California Rules of ...

Excerpt: ... a material factual dispute preventing judgment thereon. Plaintiff has failed to carry this burden. Specifically, Plaintiff has failed to demonstrate that the additional insured endorsement for completed operations coverage in the 2010‐2012 policies covered Plaintiff's insured, since the definition of an additional insured under that endorsement and the related schedule requires reference to the terms of the subcontract between the parties' ins...

Excerpt: ... submit admissible evidence demonstrating the existence of a material factual dispute preventing judgment thereon. Cross‐Complainant has failed to carry this burden. Specifically, the undisputed evidence demonstrates that Cross‐Defendants complied with the requirements of the parties' agreement with regard to the provision of general liability insurance covering Cross‐Complainant as an additional insured. Therefore, Cross‐Complainant cann...

Excerpt: ...sition Testimony and Request for Sanctions – DENIED, without prejudice; d) Cross‐Defendants Staffing Solutions, Inc. and Balance Staffing Workforce LLC's Motion to Compel Attendance of Deposition and Testimony of Gailann Stargardter – DENIED. (a) The motion demonstrates insufficient efforts to meet and confer with opposing counsel in good faith toward an informal resolution of the stated issues. (Code Civ. Proc. §2025.420(a).) Discovery is...

Excerpt: ...ering claim generally seen in a personal injury case. However, the Court is mindful of the law's protection of a plaintiff's privacy interest in records reflecting physical or mental conditions unrelated to the issues in the subject suit and of the Court's duty to balance the respective rights of the parties in this situation to reach a proper resolution of the issue. Therefore, the Court finds that the scope of the subject subpoena should be lim...

Excerpt: ...ion, within 15 days. (Code Civ. Proc. §§2030.290(b), 2031.300(b).) The Court further finds that Defendants are entitled to an award of monetary sanctions in connection with Plaintiff's failure to respond to the subject discovery, necessitating this motion. (Code Civ. Proc. §§2030.290(c), 2031.300(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount of $235 are awarded against Plaintiff,...

Excerpt: ...arbitration, based on the U.S. Supreme Court's holding in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. Therefore, the stay is lifted with regard to that portion of Plaintiff's PAGA claim and the motion is GRANTED in that respect. However, the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitration agreement appears to be an open question under California law. Th...

Excerpt: ...es/officers of the entity Plaintiff, counsel for Plaintiff, percipient witnesses on essential disputed issues, and non‐retained expert witnesses on behalf of Plaintiff, the Court has concluded that the informed‐consent exception contained in California Rule of Professional Conduct 3.7 is inapplicable under the circumstances, due to the risk of prejudice to the defendants and to the integrity of the judicial process. In reaching this conclusio...

Excerpt: ...e Court and found to be insufficient in connection with Cross‐Defendants' demurrers to the original and First Amended Cross‐Complaints. Additionally, the Court notes that the motion is procedurally deficient in that it fails to comply with the requirements of Cal. Rules of Court, Rule 3.1324. Lastly, Cross‐Complainants fail to explain the reason for the delay of over three years since the filing of the original cross‐complaint in April 20...

Excerpt: ...ath, 4) negligent infliction of emotional distress, and 5) violation of patient's rights. Defendant's moving separate statement sets forth thirty‐nine (39) undisputed material facts (UMFs) – many of them repeated for each cause of action – focusing on two legal issues – first, that the Defendant met the applicable standard of care, and second, that Defendant did not cause the injuries Plaintiffs complain of in their complaint. Defendant a...

Excerpt: ...state cannot bring suit on its own but must proceed through the appropriate trustee, executor, or administrator. (See, e.g. Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, 1344.) Moreover, as to the claims based on the subject contract (deed of trust), the Homeowner's Bill of Rights, and the foreclosure sale, the individual plaintiffs have failed to allege sufficient facts demonstrating their capacity to assert these claims herein. As Plaintiffs ...

Excerpt: ...rovided. Therefore, the request for an order compelling the same is DENIED, as MOOT. With regard to the request for sanctions, however, it appears that Plaintiffs' failure to comply with the statutory provisions for responding to the subject discovery necessitated the instant motion and Plaintiffs have not demonstrated substantial justification for their failures in that regard. Therefore, the Court finds that Defendant is entitled to an award of...

Excerpt: ...bridge's Further Responses Requests for Admissions, Set One and Request for Sanctions – GRANTED, in part; DENIED, in part, as MOOT. 1. The Court finds the substance of the dispute over Plaintiff's responses to be moot, based on Plaintiff's service of verified further responses herein. To the extent that Defendant believes such further responses remain insufficient, meet and confer efforts should be undertaken and Defendant may seek judicial int...

Excerpt: ...r, but the trial court may proceed upon any other matter embraced in the action and not affected by the judgment or order.” (Emphasis added.) See also Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 190 (an appeal from the denial of a motion to compel arbitration automatically stays all further trial court proceedings on the merits). Based on the Court's review of the facts here, the appeal involves “matters embraced in or affe...

Excerpt: ... to meet his burden herein. His proffered evidence fails to identify any material factual disputes as to whether the defendant facility had a duty to prevent Plaintiff's voluntary departure from the premises or to prevent his apparent suicide attempt on the night in question. Therefore, Plaintiff has not demonstrated a material factual dispute sufficient to overcome the moving defendants' evidence on these issues. Plaintiff's objections to Defend...

Excerpt: ...its, the Court finds that Defendants, as the moving parties, met the initial burden of establishing prima facie entitlement to judgment based on the submitted evidence. The burden then shifts to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiff has failed to meet his burden herein. His proffered evidence fails to establish any po...

Excerpt: ...o sufficiently state the elements of intentional infliction of emotional distress to support Nataley's claim. In addition, it appears to the Court that Plaintiffs' claims for harassment and Ryta's claim for intentional infliction of emotional distress are not viable as a matter of law. If, however, Plaintiffs believe the pleading can be amended to state viable claims in this regard, they shall also be prepared to advise the Court of the authoriti...

Excerpt: ...ount of $1,050.00 – GRANTED, and unopposed; c) Defendant, United Parcel Service's Motion to Compel Responses, without Objections, to Requests for Production of Documents (Set One); Request for Sanctions against Plaintiff Christine Cole as Guardian Ad Litem for Tanner Cole and Sierra Cole in the Amount of $1,050.00 – GRANTED, and unopposed. a) The Court finds that Plaintiff entirely failed to respond to the subject discovery and all objections...

Excerpt: ...tration under CCP §1281 et seq, the moving party has the burden to demonstrate (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. Thereafter, the burden shifts to the opposing party to show (a) the right to compel arbitration has been waived, (b) grounds exist for rescission of the agreement, or (c) some overriding California policy justifyi...

Excerpt: ...eclaration is insufficient to authenticate the subject agreement. In addition to the deficiencies noted above, the Court finds that an order compelling arbitration in this instance would create the possibility of conflicting rulings on common factual and/or legal issues involved in Plaintiffs' action against the other defendants, as the allegedly arbitrable claim arises out of the same transaction(s) as the non‐arbitrable claims. Therefore, ass...

Excerpt: ... by Plaintiff herein. Therefore, Defendant has failed to demonstrate the absence of disputed factual issues with regard to the elements of Plaintiff's claim. (Code Civ. Proc. §437c(c).) Assuming arguendo that Defendant had submitted sufficient evidence to shift the burden to Plaintiff to produce admissible evidence demonstrating the existence of a triable issue of material fact (Code Civ. Proc. §437c(p)(2)), the Court finds that Plaintiff has m...

Excerpt: ...tempted to identify additional available sources of information (such as family members, co‐workers, neighbors, property records, etc.) for use in accomplishing service by another method. (See, e.g. Watts v. Crawford (1995) 10 Cal.4 th 743, 749, fn. 5.) ...

Excerpt: ... Complaint – GRANTED, and unopposed. (a) With regard to the single cause of action set forth in the First Amended Complaint, the Court finds that the factual allegations are sufficient, at this stage, to state a cause of action based on the negligence of school personnel and resultant vicarious liability on the part of the District pursuant to Gov't. Code §815.2. (See, e.g. C.A. v. William S. Hart Union High Sch. Dist. (2012) 53 Cal.4th 861.) ...

Excerpt: ...ction with the Third Cause of Action for Breach of Due Process Rights arises out of protected activity, i.e. the exercise of their constitutional rights in connection with their participation in the writ proceedings previously before this Court. The burden then shifts to Plaintiff to demonstrate the probability that he will prevail on the merits of the subject cause of action. The Court finds that Plaintiff has failed to meet that burden with reg...

Excerpt: ...ngh – GRANTED, and unopposed; d) Defendant's Motion for Order Establishing Admissions and Monetary Sanction to Plaintiff Bikrant Singh ‐ GRANTED, and unopposed; e) Defendant's Motion to Compel Responses to Special Interrogatories, Form Interrogatories, and Monetary Sanction to Plaintiff Sati Singh ‐ GRANTED, and unopposed; f) Defendant's Motion for Order Establishing Admissions and Monetary Sanction to Plaintiff Sati Singh ‐ GRANTED, and ...

Excerpt: ...c)(1)(B)(ii).) Therefore, the motion is GRANTED on that basis at this juncture, without reference to Defendants' additional arguments about the sufficiency of the allegations supporting the asserted claims, and without prejudice to such arguments being asserted in connection with any future challenges to the same, if appropriate. The Court grants Plaintiffs leave to amend the pleading to attempt to assert additional facts supporting their allegat...

Excerpt: ...38(c)(1)(B)(ii).) Moreover, the Court does not believe that any reasonable possibility for amendment exists which would result in viable claims being asserted with regard to these issues. Therefore, the Motion is GRANTED without leave to amend as to the Second, Third, and Seventh causes of action in the Complaint. The Court also finds that the Complaint fails to state facts sufficient to constitute the First, Fourth, Fifth, Sixth, Eighth and Nint...

Excerpt: ...elling Plaintiff, Thomas Monaco to (1) Respond to Demand for Production, Set No. One; and (2) Pay Costs and Sanctions in the Amount of $504.00 –GRANTED, and unopposed. a) The Court finds that Plaintiff entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Defendant is entitled to an order compelling Plaintiff to provide verified responses, without objection, within 15 da...

Excerpt: ...approval and the subsequent order revising the same pursuant to the parties' stipulation. 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 ap...

Excerpt: ...�778.). The matters contained in Request for Admissions, Set One, are deemed admitted. The Court further finds that Defendants are entitled to an award of monetary sanctions in connection with Plaintiff's failure to respond to the subject discovery. (Code Civ. Proc. §§2033.280(c), 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, Defendants are awarded monetary sanctions in the amount of $230 against Plaintiff and her att...

Excerpt: ... Esq. and Hinshaw & Culberston LLP – GRANTED; c) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things; Request for Sanctions in the amount of $1,100.00 against Defendant David Greer and his Attorney of Record Attorney Bradley M. Zamczyk, Esq. and Hinshaw & Culbertson LLP – GRANTED; d) Plaintiff's Motion to have Request for Admissions Deemed Admitted or in the Alternative for an Order Compelling Answers; Requ...

Excerpt: ...lement to judgment on the Plaintiffs' Complaint. Specifically, Defendant's evidence demonstrates that liability is barred by the immunity provisions of Gov. Code §831.8 and that Defendant did not own or control the subject drain, roadway, or the shoulder separating the two. The burden then shifts to Plaintiffs to demonstrate the existence of disputed issues of material fact that defeat judgment in Defendant's favor. While Plaintiffs have provide...

Excerpt: ...ses that are the subject of the instant motion. The failure to comply with this requirement constitutes a sufficient ground for denial of the motion, in the Court's discretion. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 892.) Nevertheless, Defendants have acknowledged that supplemental responses and production of documents are necessary and indicates that the same are in the process of being provided. Therefore, the hearing is continued and ...

Excerpt: ...TED. Judgment shall be entered on the underlying debt in the amount of $65,872.40. In addition, Plaintiff has established entitlement to costs, but no admissible evidence of the amount of costs has been submitted. Therefore, Plaintiff may submit a cost bill within the time prescribed by statute. The Court will sign the proposed order submitted by Plaintiff. Counsel shall submit a revised form of judgment consistent with the Court's ruling herein....

Excerpt: ...uirements of the Code of Civil Procedure, and the moving party has not demonstrated that any substantive responsive information has been withheld. Moreover, the cases cited by the moving party do not demonstrate its entitlement to an order compelling further responses in the context of allegedly unmeritorious objections that are nevertheless accompanied by complete and substantive responsive information. Therefore, it appears there is nothing fur...