Excerpt: .... With regard to that issue, the Court finds that Cross-Complainant is reasonably likely to prevail on her claim of trespass on the basis that Cross-Defendants' conduct exceeded the scope of consent reflected in the subject agreement when they undertook to authorize replacement of the subject irrigation valve affecting the flow of water to Cross-Complainant's property, resulting in the risk of irreparable injury in that regard. (Code Civ. Proc. �...

Excerpt: ...otion, particularly in view of the apparent existence of controverting evidence in the depositions of Mr. Hensel and Mr. Pilgrim, and Defendant's failure to identify and address the same. Had Defendant properly identified such items of evidence, Defendant would not have been able to carry its burden herein. In any case, assuming arguendo that Defendant has met its initial burden, the Court finds that Plaintiffs have satisfied their obligation to ...

Excerpt: ...fendant has established that there are no issues of material fact and no evidence to support Plaintiffs' causes of action herein. In the absence of any opposition, Plaintiffs have failed to offer evidence which raises a triable issue of material fact as to any theory of liability as against the moving defendant. Therefore, the motion for summary judgment is granted and judgment shall be entered in favor of Defendant Doctors Medical Center of Mode...

Excerpt: ...ature of the argument between the parties herein, i.e. the Plaintiffs' entitlement to obtain information and documentary evidence which may assist them to identify additional class members herein and the notice requirements, if any, which apply to protect such third parties' privacy interests at this pre-certification stage of the litigation. With regard to this issue, the Court finds that the holding in Belaire-West Landscape, Inc. v. Superior C...

Excerpt: ...ify Respondent's appraiser. With regard to Petitioner's request that the Court appoint a neutral umpire pursuant to Ins. Code §2071, the Court finds that the parties' disagreement over Mr. Andrews' qualifications to serve as Respondent's party appraiser appears to have impeded the appraisers' abilities to meaningfully confer as to possible agreement on this issue. In addition, the petition does not conform to the requirements of CCP §1286.1, in...

Excerpt: ...laintiff to provide answers, without objection, to the subject discovery within 30 days. With regard to Requests for Admissions, Set One, the Court finds that Plaintiff has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §§2033.280(a). Accordingly, the Court has no discretion but to grant Petitioner's request. (Code Civ. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2...

Excerpt: ...t it was the failure to provide billings that constituted the malpractice complained of. In fact, Cross-Complainants argue that the failure to provide billings covered up malpractice. They have properly alleged that they could not have discovered malpractice until they received the bill sometime after this matter was filed. As to the Ninth Cause of Action, for Fraud – Concealment, the Court SUSTAINS the Demurrer, with leave to amend. Cross-Comp...

Excerpt: ...just. (Serrano v. Unruh (1982) 32 Cal.3d 621, 639.) Hours Reasonably Worked – Regarding the lodestar fees calculation, the Court finds, on the basis of Mr. Watts' declaration, that the hours claimed through September 2019 were reasonably incurred and substantially contributed to the ultimate successful result on the contract claims. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 1...

Excerpt: ..., California courts have recognized that "where an amendment does not add but simply corrects a misnomer by which an 'old' defendant was sued, case law recognizes an exception to the general rule of “no relation back." (Hawkins v. Pacific Coast Bldg. Products Inc. (2004) 124 Cal.App.4th 1497.) Plaintiffs seek to correct a misnomer by which Defendant BBVA USA aka Compass Bank was named in the original complaint. Therefore, a First Amended Compla...

Excerpt: ...position that some of the interrogatory responses were not accurate. Plaintiffs were dilatory in bringing the motion by waiting until ten days before the discovery cut off to depose defendant's PMQ, and then delaying to file its motion, such that it would have been heard less than 30 days before trial. However, the new trial date eliminates any concern of delay of that trial due to the granting of this motion. Moreover, defendant is not blameless...

Excerpt: ...emonstrating a material factual dispute. Plaintiff has failed to meet her burden in this regard, as there is no evidence of a contract supporting the subject cause of action as a matter of law. Therefore, the Motion is GRANTED as to the Second Cause of Action. As to the Third Cause of Action for Negligent Infliction of Emotional Distress, the Court finds that Defendants, as the moving parties, have met their initial burden of demonstrating prima ...

Excerpt: ...r and employee' or ‘independent contractor' for statutory purposes, including, but not limited to, withholding taxes on wages and for purposes of unemployment compensation, shall be governed by Section 650 and Sections 13000 to 13054, inclusive, of the Unemployment Insurance Code.” Section 650 of the Unemployment Insurance Code sets forth that no employment relationship exists if three criteria are met, all of which are met here. The Court re...

Excerpt: ...ucing evidence demonstrating the existence of material factual disputes, specifically with regard to whether harassing conduct directed against him by Defendant based on his sex continued into the early months of 2014, which would render the December 2014 administrative complaint and, in turn, the Complaint herein, timely. (See, at a minimum, Plaintiff's Additional Material Facts 7, 8, 9, 12, 14, 15 and supporting evidence.) Therefore, the motion...

Excerpt: ...) With regard to the issue of valuation as it pertains to the amount of the undertaking required by Code Civ. Proc. §515.010 et seq., the Court is inclined to find that Defendant possesses no interest in the property; therefore, no undertaking is required of Plaintiff herein. (Code Civ. Proc. §515.010(b).) However, Defendants shall be required to file an undertaking in the amount of $188,668.74 as a redelivery bond. (Code Civ. Proc. §515.020.)...

Excerpt: ...sistent with the State's goal of benefitting the public through enforcement of its labor laws. Specifically, the motion lacks a discussion of the reasonableness of the proposed settlement as compared to the maximum potential liability on the part of Defendant herein. In fact, it appears that the motion fails to identify the maximum penalties for the various Labor Code violations alleged in the First Amended Complaint, each of which may arguably g...

Excerpt: ...e that claim due to its failure to seek injunctive or other extraordinary relief as required by Gov't. Code §3309.5(d)(1). Moreover, it is Plaintiff's burden to establish how the pleading may be properly amended, and the Court finds that Plaintiff has failed to meet that burden in this context. Specifically, Plaintiff fails to provide any authority establishing that he is entitled to assert a claim for extraordinary relief, i.e. by way of petiti...

Excerpt: ...ting 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 appearing to the satisfaction of the Court, the proposed settleme...

Excerpt: ...sponse did not comply with Code Civ. Proc. §2031.240 et seq. Moreover, the items appear to be reasonably related to the subject matter of the suit herein and the proper subject of discovery. Finally, Plaintiff has the burden of demonstrating why the existing protective order is inadequate to address its expressed privacy and confidentiality concerns and has failed to make any showing in that regard. Therefore, Plaintiff shall provide a further v...

Excerpt: ...as was the cause of action) was “incidental” to the primary claims set forth in their petition. See Regalado v. Regalado (1961) 198 Cal.App.2d 549. The primary purpose of Petitioners' claims was not partition – thus there is no basis for apportionment of their attorney's fees under Code of Civil Procedure Section 874.010 et seq. Additionally, Petitioners seek to impose costs of proof under Code of Civil Procedure section 2033.420 on the bas...

Excerpt: ...ller for the relevant time period. Based on the supplemental declaration of counsel submitted in connection with this matter, the Court now makes the following ruling with regard to the fees and costs sought herein: As previously noted, Defendant does not dispute the moving party's entitlement to post-stipulation fees under the above-referenced statutes, but contests the reasonableness of the hours claimed. The successful party is normally entitl...

Excerpt: ...ails to allege that Defendants knew or should have known that the driver to whom the vehicle was entrusted was incompetent to drive. (Jen-Weld, Inc. v. Superior Court (2005) 131 Cal.App.4 th 853, 864.) Moreover, the Complaint fails to plead any acts or omissions which Plaintiff claims to have constituted Defendants' alleged negligence. (Berkley v. Dowds (2007) 152 Cal.App.4 th 518, 527; Guilliams v. Hollywood Hospital (1941) 18 Cal.2d 97, 101.) ...

Excerpt: ...cted on the purported “claim form” published by the District. Moreover, absent evidence of delivery or mailing to the appropriate recipient, it is Plaintiff's burden to establish actual receipt and no such evidence has been presented herein. Assuming arguendo that receipt by the appropriate recipient can be established, the Court nevertheless finds that the subject correspondence in June 2018 failed to constitute a claim because it omitted th...

Excerpt: ...s. Nor is such a claim preempted by ERISA; the new cause of action is not entirely dependent upon Explanations of Benefits, but refers to other behaviors as well. Under these circumstances, Morris B. Silver M.D. Inc. v. International Longshore & Warehouse (2016) 2 Cal.App.5th 793, does not require a finding of federal preemption. b) Just as it was appropriate to consolidate the first two cases brought by Plaintiff against Defendant based upon the...

Excerpt: ...ecifically, Defendant's purported evidence consists, in part, of inadmissible hearsay in the form of unauthenticated credit report documents. Defendant has failed to demonstrate how such documents might fall within a recognized hearsay exception. Moreover, even if the Court were to consider the proffered reports, the information contained therein does not definitively establish the fact asserted by Defendant, i.e. that Plaintiffs obtained the cre...

Excerpt: ... review of the papers and supporting evidence submitted in conjunction with both petitions, the Court finds that no statutory grounds exist to vacate the arbitration award issued on 10-8-19. (Code Civ. Proc. §1286.2.) While the Court recognizes that the determination of the arbitrator operates to deprive Plaintiff of the ability to pursue his statutory employment claims on the merits, the Court has reviewed the arbitrator's decision and finds it...

Excerpt: ...0, 685.080.) Therefore, as a foundational matter, the scope of the motion is impermissibly broad to the extent it seeks recovery of fees and costs incurred prior to 11-17- 17. While Defendant does not dispute the recoverability of reasonable fees and costs in connection with Plaintiffs' post- stipulation enforcement efforts, Plaintiffs have not provided sufficient information for the Court to calculate the lodestar figure, which is fundamental to...

Excerpt: ...ces, Inc. v. TAT Capital Partners, Ltd. (2016) 5 Cal.App.5 th 69, 92; Sidney v. Superior Court (1988) 198 Cal.App.3d 710, 717; Trindade v. Superior Court (1973) 29 Cal.App.3d 857, 860.) Therefore, leave to amend is GRANTED as to Boer & Sons, Inc. However, there is no tolling or “relation back” to save cross-complaints against third parties brought into the action by the defendant. (Boyer v. Jensen (2005) 129 Cal.App.4 th 62, 70; Sidney v. Sup...

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: ...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: ...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: ...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: ...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: ...ine whether Defendant is the prevailing party under the practical approach set forth in Castro v. Superior Court (2004) 116 Cal.App.4 th 1010, 1022-1023. Therefore, the Court has considered the moving and opposing arguments and evidence and finds that the moving party would have prevailed on the instant motion on the basis that the Complaint does not set forth a real property claim sufficient to support the recording of a lis pendens under Code C...

Excerpt: ...nth, Ninth and Twelfth causes of action allege claims that are not available against a public entity as a matter of law. (Gov't. Code §815(a); Miklosky v. Regents of the Univ. of Calif. (2008) 44 Cal.4 th 876, 900-901; Shoemaker v. Myers (1990) 52 Cal.3d 1, 23-24.) The Sixth and Eighth causes of action appear to assert claims that are not properly pleaded under FEHA and are, in any case, duplicative of the First and Second Causes of action and, ...

Excerpt: ...ain insufficient. (As just one example, Plaintiff's further response to Request for Production No. 3 is: “I do not have the documents.” This is not a code-complaint response.) Therefore, based on all of the pleadings and papers in the file, the Court GRANTS the Defendant's motion to compel further responses to Form Interrogatories, General, Set One Nos. 2.7, 4.1, 7.1 – 7.3, 8.3, 8.8 and 17.1, as well as Requests for Production of Documents,...

Excerpt: ...nfidence and when the client suspects and questions the good faith of his attorney the attorney should be permitted to withdraw from the case unless some very compelling reason exists for forcing him to continue with the ungrateful task.” (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.) While the court is sympathetic to plaintiff's predicament, his inability to find substitute counsel is not a “very compelling reason” to deny counsel permis...

Excerpt: ...� GRANTED, in part; DENIED, in part, subject to evidentiary hearing. The Court find that Plaintiffs have demonstrated entitlement to entry of default against the unknown parties designated in the Complaint as “the testate and intestate successors of Barbara Plant, deceased, and all persons claiming by, through, or under such decedent; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award th...

Excerpt: ...garding the lodestar fees calculation, the Court finds on the basis of Counsel's declarations and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award th...

Excerpt: ...in Civ. Code §47(b)(1) does not apply, as the subject “allegation or averment” concerning BEST was made by an officer of the court under penalty of perjury and appeared on its face to be relevant and material to the issues in the matter wherein it was made. Therefore, the First Amended Complaint fails to state facts sufficient to constitute the subject causes of action. (Code Civ. Proc. §430.10(e).) Due to the application of the privilege, ...

Excerpt: ...ounts, and/or reasonableness of such costs, thereby shifting the burden to Defendant to show that the items charged were for matters necessarily relevant and material to the issues involved in the action. (Nelson v. Anderson (1999) 72 Cal.App.4 th111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court further finds that Defendant has offered adequate substantiation as to certain of the challenged costs b...

Excerpt: ...iv. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2014) 223 Cal.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $220 against Defendant, to be paid to Plaintiff's counsel within 30 days. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rul...

Excerpt: ...l.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. b) Plaintiff's Motion for Evidence and Issue Discovery Sanctions – GRANTED, and unopposed. The Court finds that Defendant Roberto Chavez Alvarez has failed to comply with the Court's order dated 3-4-19 compelling discovery responses. Defendant's failure, coupled with the lack of any opposition to the instant motion, leads the Cou...

Excerpt: ...ause they lack standing, the Court should grant leave to amend the complaint to redefine the class or add a new class representative. (In re Tobacco II Cases (2009) 46 Cal.4th 298, 328). Accordingly, the Court deems filed the First Amended Complaint (1) alleging a PAGA claim; (2) naming Robert Moyes as PAGA representative; (3) re-defining the class to include PAGA employees; and (4) adding a cause of action for declaratory relief from settlement ...

Excerpt: ... 1131, 1135.) Any significant departure from the procedural requirements on new trial motions deprives the trial court of power to grant the motion. Strict literal compliance is required. (Telefilm, Inc. v. Superior Court (1949) 33 Cal.2d 289, 294; Sanchez-Corea v. Bank of America (1985) 38 Cal.3d 892, 899.) Here, Plaintiff has failed to file any supporting memorandum as required. (Code Civ. Proc. § 657; Cal. Rules of Ct., rule 3.1600.) While th...

Excerpt: ...rmit him to impair or destroy the client's cause of action or defense. (Seacall Develop. Ltd. v. Santa Monica Rent Control Bd. (1999) 73 Cal.App.4 th201; Orange Empire Nat. Bank, (1968) 259 Cal.App.2d 347.) Defendant shall file her answer within 20 days. ...

Excerpt: ...hth Causes of Action herein, to the effect that no trial of such issues shall be had until final determination of the family law action. (Code Civ. Proc. §597.) The Court notes, however, that the First Amended Complaint in the instant action asserts claims on behalf of an additional plaintiff, Behavioral & Educational Strategies & Training (“BEST”), which is not a party to the earlier action; the Court has no authority to order that the inst...

Excerpt: ...ration both relate to the substantive merits of the motion, and are not akin to the sort of blatant procedural mistakes that have been found tantamount to an involuntary dismissal or default. To the contrary, the attorney omissions in the case at bar—taken at face value—involve at best a misapprehension or misunderstanding as to the evidentiary rules, burdens and merits raised by the Defendants' motions for summary judgment. Accordingly, the ...

Excerpt: ... of Entry of Judgment. There is no extension of the deadline where service of the Notice of Entry of Judgment was by mail. (Code Civ. Proc. § 659(b).) As this is a jurisdictional requirement, the trial court has no power to entertain or act on the untimely motion; any purported grant of the new trial would be void. (Douglas v. Janis (1974) 43 Cal.App.3d 931, 936.) (b) The motion is untimely. A motion to vacate judgment requires filing of Notice ...

Excerpt: ...ntal Declaration of Mark Romano) and supporting exhibits, including time records, that the majority of the hours claimed were reasonably incurred and substantially contributed to the ultimate successful result. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1132; Horsford v. Board of Trustees of Calif. State University (2005) 132 Cal.App.4th 359, 394.) However, the Court declines to award the time claimed for hours not expended at the time of the fili...

Excerpt: ...h on Civ. Code §2100, pertaining to common carriers, as well as under Civ. Code §1714 and the common law principles articulated in Rowland v. Christian(1968) 69 Cal.2d 108, 113.) While the Court notes that the existence of a statutory duty under Pen. Code §11164 et seq. is asserted in this matter, it appears that neither party was able to provide additional authority clarifying Defendant's status under that statute. Therefore, the Court looks ...

Excerpt: ...ed Complaint – DENIED. The Court finds that the prayer for attorney's fees is supported by the statutory provisions governing the First Cause of Action. (Civ. Code §56.35.) ...

Excerpt: ...l to the determination of the amount to be awarded and therefore mandatory. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48; Press v. Lucky Stores, Inc. (1983) 34 Cal.3d 311, 322-324.) Specifically, the Court finds a substantial discrepancy between the number of hours Plaintiff's counsel claimed in Mr. Romano's correspondence to defense counsel on 12-18-18 and the number of hours counsel now claims for the same time period, based on the ...

Excerpt: ...re, Plaintiff is entitled to an order compelling Defendants to provide answers, without objection, to the subject discovery and to produce the requested documents within 14 days from service of entry of the Court's order. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $610 against Defendants and their counsel herein, to be paid to Plaintiff's counsel within 14 days. (Code Civ. Proc. §§2030...

Excerpt: ...ms of evidence which are not set properly forth in a declaration. (Code Civ. Proc. §2015.5; Cal. Rules of Ct., rule 3.1306.) Even setting these deficiencies aside and assuming arguendo that the Court is authorized to entertain Defendants' request here, the Court finds that Defendants have not made a sufficient showing that the matter is appropriate for complex case designation pursuant to Cal. Rules of Ct., rule 3.400. ...

Excerpt: ...ue of material fact. (Code Civ. Proc. §437c(p)(2).) The Court finds that Plaintiff has failed to meet his burden in this regard. Specifically, the undisputed facts establish that the written lease agreement and subsequent amendment set forth specific terms and conditions for Plaintiff's effective exercise of the purchase option at issue, that the parties agreed thereto, and that Plaintiff failed to fulfill such terms with regard to the subject p...

Excerpt: ...r burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs' theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017...

Excerpt: ...r burden in this regard. Specifically, Plaintiffs have failed to demonstrate facts establishing that Defendant had actual or constructive knowledge of the alleged latent defect on the premises. Moreover, the law does not support Plaintiffs' theory that notice was imputed to Defendant in connection with alleged defects in the original design and/or construction of the premises under the circumstances in this case. (RSB Vineyards, LLC v. Orsi (2017...

Excerpt: ... appropriately submitted within the timeline established by the agreement, subject to the agreed modification by the parties in the interest of allowing for extended informal discussions. Respondent's argument with regard to the viability of Petitioners' underlying claim is akin to a statute of limitations defense requiring inquiry into the substantive merits of the matter. Such determination falls within the purview of the arbitrator, not the co...

Excerpt: ... appropriately submitted within the timeline established by the agreement, subject to the agreed modification by the parties in the interest of allowing for extended informal discussions. Respondent's argument with regard to the viability of Petitioners' underlying claim is akin to a statute of limitations defense requiring inquiry into the substantive merits of the matter. Such determination falls within the purview of the arbitrator, not the co...

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. ...

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: ......

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

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: ...ithin the applicable statute of limitations based on delayed discovery, the Complaint contains only conclusory allegations in that regard, which are insufficient to withstand demurrer. (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4 th 797, 809; Cansino v. Bank of America (2014) 224 Cal.App.4 th1462, 1472.) However, the Court must grant leave to amend if the plaintiff demonstrates a reasonable possibility that the defect might be cured. (Fox, ...

Excerpt: ...reement to narrow down the number of disputed Special Interrogatories and Plaintiff's service of supplemental responses), the Court finds no evidence that the parties continued to engage in meet-and-confer discussions in the 2-week period prior to Defendants' filing the instant motion. The Court believes that continued efforts, carried out in good faith, may resolve the remaining issues. Therefore, the matter is continued and counsel are instruct...

Excerpt: ...y in Interest is MOOT. The People's request for removal of the Court's order imposing sanctions for failure to appear is DENIED. The Court notes that the People failed to appear for two consecutive proceedings (on 4-8-18 and 5-21-18); the Court's file demonstrates that appropriate notice to appear was served on the People in both instances. Therefore, the People have not established good cause for removal of the sanctions award. ...

Excerpt: ... and the underlying discovery requests are deficient and fail to accurately identify the subject discovery requests in a way that distinguishes them from previous discovery and resultant orders. Moreover, the notice refers to request for production, set one, while the document attached as Exhibit C to counsel's declaration is entitled “Request for Production of Documents, Set Two.” Counsel's meet-and-confer letter, attached to his declaration...

Excerpt: ...uant to Code Civ. Proc.§ 877.6, a dismissal with prejudice is entered in favor of SPIRIT HEATING & AIR, INC. as to any Complaints or Cross-Complaints presently on file, or deemed filed, against it. All existing or future claims by any party, joint tortfeasor, or co-obligor against SPIRIT HEATING & AIR, INC. for implied indemnity, equitable indemnity, equitable comparative contribution, partial or comparative indemnity, implied contractual indemn...

Excerpt: ...fforts on the disputed issues in good faith by either party. Moreover, the Court notes that the parties have engaged in settlement discussions which, if continued in good faith, may result in resolution of the matter. Therefore, the matter is continued and counsel are instructed to meet and confer in person or by telephone, particularly with regard to those items of outstanding discovery which may further assist the parties in their attempts to r...

Excerpt: ..., 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 appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...

Excerpt: ......

Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....

Excerpt: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

Excerpt: ...intiff on 7-13-18, fails to reflect the Defendant's Second Supplemental Responses, served on July 11, 2018, as to the following: Form Interrogatory 15.1, as concerns Defendant's responses to the allegations of the Complaint at paragraphs 7 and 13, and; Form Interrogatory 17.1, as concerns Defendant's responses to Request for Admissions 3 and 4. The Court recognizes that the timing of Defendant's service of her Second Supplemental Responses likely...

Excerpt: ...son entitled to make a claim as to the property – but does not discuss the disposition of Ms. Rios's estate and the possibility of other heirs, etc. This uncertainty was the exact reason the trustee determined a need to deposit these surplus funds with the Court in the first place. For the Court to issue an Order granting Mr. Rios's claim, he must first prove that he is who he says he is – counsel's inarticulate verification of that fact is i...

Excerpt: ...rtence, surprise, or excusable neglect,” within the meaning of Code Civ. Proc. §473(b). ...

Excerpt: ...intiff on 7-13-18, fails to reflect the Defendant's Second Supplemental Responses, served on July 11, 2018, as to the following: Form Interrogatory 15.1, as concerns Defendant's responses to the allegations of the Complaint at paragraphs 7 and 13, and; Form Interrogatory 17.1, as concerns Defendant's responses to Request for Admissions 3 and 4. The Court recognizes that the timing of Defendant's service of her Second Supplemental Responses likely...

Excerpt: ...minimum, the issues set forth in Defendant's Separate Statement of Undisputed Material Facts 30, 31, 34, 36, and Plaintiff's additional Disputed Material Facts 53, 63, 65, 66, 77, 78, and 79. With regard to the issue of the application of the statute of limitations, the Court finds that Plaintiff has demonstrated the existence of disputed factual issues that are material to the determination of when the attorney-client relationship ended. (See e....

Excerpt: ......

Excerpt: ..., 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 appearing to the satisfaction of the Court, the proposed settlement and the associated fees and costs are approved as set forth in the motion and supporting papers. In addition, the Court orders that Notice of the Court's Order Granting Final Approval and Jud...

Excerpt: ...he undertaking requirement is waived as to Plaintiff and to require Defendant(s) to file an undertaking in the amount of $31,516.53 as a redelivery bond. (Code Civ. Proc. §§515.010(b), 515.020.) Subject to those terms, the Court is inclined to order that the writ shall issue and Defendant NBS Auto of California shall be directed to transfer possession of the subject property to Plaintiff; failure to do so may subject said Defendant to being hel...

Excerpt: ...004) 32 Cal.4 th. 771, 790; Country Villa Claremont Healthcare Center v. Superior Court (2004) 120 Cal.App.4 th 426, 433-434.) ...

Excerpt: ...ANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel within ...

Excerpt: ...is GRANTED, and the matters contained in Request for Admissions, Set One, are deemed admitted. The Court finds that Plaintiff is entitled to an award of monetary sanctions for Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rule 3.1348(a).) Plaintiff's motion for monetary sanctions is GRANTED in the amount of $260, to be paid to Plaintiff's counsel wi...

Excerpt: ...ly construed so that parties may ascertain the strength of their case and truth may be determined at trial. (Williams v. Superior Court (2017) 3 Cal.5 th 531, 538.) Nevertheless, the Court recognizes that discovery of employee contact information serves a different purpose in the context of an individual discrimination case, as here, than in cases involving class action or PAGA claims, where “sweeping disclosures” have generally been approved...

Excerpt: ...scovery and settlement negotiations more efficient and effective. Therefore, the motion to consolidate is GRANTED and the controlling case number will be 2024005. All further papers/pleadings shall be filed under the controlling case number. The Case Management Conference will remain on calendar for the consolidated actions on August 6, 2018 at 9:00 a.m. in Department 23. ...

Excerpt: ...ys of the hearing of this matter. The Court further orders that the hearing date on the Court's Motion to Dismiss is continued, on the Court's own motion, to August 22, 2018 at 8:30 a.m. in Department 23. ...

Excerpt: ...additional documents were produced by Defendant after the instant motion was filed. Under the circumstances, it appears to the Court that, with additional time and effort, the disputed issues may be resolved by mutual good faith. Therefore, the matter is continued and the parties are instructed to file a Joint Status Statement no later than 5 court days before the continued hearing date. The Joint Status Statement should explain the parties' furt...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...

Excerpt: ... action has the power to bring before it all necessary parties, to litigate all issues, and to grant all relief to which any parties might be entitled. (Plant Insulation Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 786- 788.) Therefore, an interlocutory judgment shall be entered in favor of Defendant WIS International herein to the effect that no trial of other issues shall be had until final determination of Case No. RIC 1801185. (Code Civ...