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...