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...

Excerpt: ...e issue of material fact. With regard to the moving defendant's motion challenging Plaintiff Evan Mays' causes of action for negligence (2 nd) and joint and several liability (3 rd): The Court finds that Defendant has met the initial burden with regard to the absence of a dangerous condition at the location of the plaintiff's accident. However, Plaintiffs have identified material factual disputes which prevent summary adjudication of this issue. ...

Excerpt: ...ject of the motion in conjunction with the supporting material facts claimed to be without dispute with respect to each such defense (subd. (d)(1)). The Court finds that this failure amounts to more than a technical oversight, as it prevents the Court from being able to determine whether all relevant material facts have been identified by the moving party and to reach the merits of the challenges presented herein. Such procedural defects in the s...

Excerpt: ...s never served on the custodian; therefore, it appears there is no effective subpoena at issue. Lastly, Defendants have demonstrated that the subject records were previously obtained via an earlier subpoena without objection from Plaintiff; therefore, the issue of waiver is implicated herein. b) The Court finds that Defendants' disclosure of Dr. Mann does not meet the requirements for supplemental expert designation set forth in Code Civ. Proc. �...

Excerpt: ...ticularly in view of the parties' stipulated protective order. Even assuming arguendo that P can establish the above‐described elements, Defendant has demonstrated that the subject discovery is directly relevant to the claims herein and that less intrusive methods are unavailable, based on Plaintiff's own conduct with regard to other methods of discovery in this action. ...

Excerpt: ...D; c) Defendants' Motion for Summary Judgment, or in the Alternative, for Summary Adjudication –SUMMARY JUDGMENT DENIED; SUMMARY ADJUDICATION GRANTED, in part, and DENIED, in part. (a), (b) The Court is inclined to consider the appointment of a discovery referee in this matter, based on the numerous time‐consuming discovery issues requiring resolution as well as the history of discovery disputes and the parties' inability to informally resolv...

Excerpt: ...ures contemplated by Dr. Rogers is insufficient to allow the Court to draft the order with the degree of specificity required by law. (Code Civ. Proc. §2032.320(d); Carpenter v. Superior Court (Yamaha Motor Corp.) (2006) 141 Cal.App.4 th 249.) Therefore, counsel shall appear at the hearing to present such information to the Court. In addition, counsel shall meet and confer with regard to an anticipated date of the exam to be included in the orde...

Excerpt: ...f in His Complaint –SUMMARY JUDGMENT GRANTED, and unopposed. a) Defendant, as the moving party, has demonstrated entitlement to judgment on the claims asserted in Plaintiff's Complaint. Based the declarations of Rudy Baca, Xavier Baca, Robert Fores, the evidence submitted therewith, and the matters subject to judicial notice, and in the absence of opposition, the Court concludes that Defendant owed no duty to Plaintiff based on the fact that he...

Excerpt: ...f in His Complaint –SUMMARY JUDGMENT GRANTED, and unopposed. a) Defendant, as the moving party, has demonstrated entitlement to judgment on the claims asserted in Plaintiff's Complaint. Based the declarations of Rudy Baca, Xavier Baca, Robert Fores, the evidence submitted therewith, and the matters subject to judicial notice, and in the absence of opposition, the Court concludes that Defendant owed no duty to Plaintiff based on the fact that he...

Excerpt: ... will not be prejudiced by the proposed amendment, particularly in view of the fact that Defendant would have no ability to conduct further discovery on the newly alleged claims should the amendment be allowed. Lastly, the Court notes that the motion fails to comply with the requirements set forth in Cal. Rules of Ct., rule 3.1324 in that Plaintiffs failed to identify by page, paragraph and line number any additions/deletions from the previous ve...

Excerpt: ... to the subject discovery and all objections are waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2030.290(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2030.290(c), 2023.010(d), 2023.030(a); Cal. Rules of ...

Excerpt: ...on of public property. As to the former, defendant has established the absence of evidence that any City employee is liable for any omission or commission relative to the identified sidewalk, and thus no basis for respondeat superior. Plaintiff has presented no evidence to create a triable issue of fact hereon. As to the latter, while plaintiff does present a triable issue of fact regarding the existence of a dangerous condition of public propert...

Excerpt: ...g discovery thus far confirms that she has percipient knowledge about the entity defendants' handling of the issues presented by P's claims in this case. Additionally, as it appears that the discovery conducted thus far has not been effective in revealing the extent of Ms. Cunliffe's knowledge or involvement regarding such issues, Plaintiff has demonstrated that Ms. Cunliffe possesses superior or unique knowledge of the same. Counsel shall meet a...

Excerpt: ...monstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...

Excerpt: ... at 8:30 a.m. in Department 24. This is a residential tenancy dispute commenced by way of complaint on August 12, 2021. The Court notes this is the first of thirty‐two (32) discovery motions – on calendar in this matter through February 9, 2022. The eight (8) motions on calendar on this date are brought to compel further responses to every inquiry included in Plaintiffs' first set of Judicial Council Form Interrogatories. The separate stateme...

Excerpt: ...ual abuse by a nurse (causing emotional distress), neglect and abandonment by failing to bring plaintiff food and leaving him in the shower (causing emotional distress), and pharmaceutical abuse (causing plaintiff to fall in the shower). Defendant's demurrer and motion to strike are directed at most of the charging averments in the operative Fourth Amended Complaint. The demurrer is based on the failure to state, as well as on grounds of uncertai...

Excerpt: ...�related claims to arbitration. Plaintiff does not deny signing the agreement and provides no evidence to support his contention that the agreement was “required” as a condition of his employment with Defendant or that he was otherwise compelled to sign the agreement. There is no evidence of procedural unconscionability. While at the time Defendant moved to compel arbitration of Plaintiff's individual claims, the operative complaint did not c...

Excerpt: ...that does not meet the requirements set forth in Code Civ. Proc. §437c(f)(2). Upon review of the papers related to that issue, the Court finds that Defendant has demonstrated that the instant motion is based on a different legal theory and changed circumstances from the first motion and is, therefore, permissible in the exercise of the Court's discretion. As Mr. Shaw submitted no substantive opposition to the defense's undisputed material facts ...

Excerpt: ...motional distress, and public nuisance. (Code Civ. Proc. §430.10(e).) The amendments included in the present version of the pleading are minimal and appear to consist only of contentions and conclusions rather than additional factual allegations supporting the same. Therefore, based on the allegations in the Second Amended Complaint, it appears that the action sounds in negligence. As Plaintiff has failed to demonstrate the ability to allege any...

Excerpt: ...s not require production of the data requested by Plaintiff in connection with the contemplated exam. (Code Civ. Proc. §2032.610; Roe v. Superior Court (2015) 243 Cal.App.4 th 138.) In addition, the defense examiner, Dr. Glidden, has expressed concerns about the implications of the requested production with regard to his professional ethical obligations, and the law recognizes the trial court's discretion in evaluating such concerns. (See, e.g. ...

Excerpt: ... damages. Specifically, the declarations of Steven Fugaro, M.D. and Jay Solnick, M.D. raise disputed factual issues with regard to whether Dr. Akmal's alleged failures in rendering treatment to Plaintiff Witter fell below the standard of care and proximately resulted in the Plaintiffs' claimed injuries. (See, at a minimum, Plaintiffs' evidence in response to UMFs 5‐7.) Plaintiffs' objections to Defendant's evidence are OVERRULED as to Items 1�...

Excerpt: ...ion of Public Policy: Plaintiff has met the minimal threshold to demonstrate a prima facie case of discrimination based on race related to the shift schedules and assignments of less‐desirable tasks. (Material Fact ## 2, 3, 14; Additional Material Fact ## 82, 89, 96, 97,101, 102.) Defendant has met its burden to explain the legitimate non‐discriminatory basis for these business decisions. (Material Fact ## 9, 10, 11, 12, 13, 162.) Plaintiff h...

Excerpt: ...mages. Specifically, the declarations of Steven Fugaro, M.D. and Jay Solnick, M.D. raise disputed factual issues with regard to whether Dr. Naing's alleged failures in rendering treatment to Plaintiff Witter fell below the standard of care and proximately resulted in the Plaintiffs' claimed injuries. (See, at a minimum, Plaintiffs' evidence in response to UMFs 5‐7.) Plaintiffs' objections to Defendant's evidence are OVERRULED as to Items 1‐6 ...

Excerpt: ...essor‐in‐interest. (b) The Court finds that the Motion to Strike should be GRANTED as to Items 1, in part (page 7, line 17), and 4 relative to the request for treble damages under the provisions of Civ. Code §3345. The Court finds no authority for application of that section in the instant context, and Plaintiff does not oppose the removal of these allegations. The motion is DENIED as to the remaining portions of Item 1 (page 7, lines 15‐1...

Excerpt: ...for each element of the stated claim. (Zuniga v. Housing Authority (2002) 41 Cal.App.4 th 82.) As the allegations suggest that Plaintiff may be able to plead such facts in order to overcome demurrer, the Court grants leave to amend in this regard. Plaintiff shall submit his Second Amended Complaint within 20 days. (a) Plaintiff cannot pursue a claim for damages under Civ. Code the Unruh Act against a public school district as a matter of law. (Se...

Excerpt: ... Defendant entirely failed to respond to the subject discovery and all objections are waived. (Code Civ. Proc. §2030.290(a), 2031.300(a).) Therefore, Plaintiff is entitled to an order compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2030.290(b), 2031.300(b).) With regard to the request for sanctions, the Court finds that while defense counsel describes extenuating circumstances surroundi...

Excerpt: ... (Code Civ. Proc. §430.10(e).) Moreover, Plaintiff's opposition sets forth no additional facts that could be included in an amended pleading to overcome demurrer, and the Court is convinced that he is unable to do so. Additionally, the Third Amended Complaint remains fatally uncertain, unintelligible, and inconsistent with regard to essential factual information necessary to the subject causes of action. (Code Civ. Proc. §430.10(f).) (b) The Mo...

Excerpt: ...laint seeks monetary damages that are not available in an unlawful detainer proceeding. Specifically, the damages described in Paragraph 19, subd. (i) of the Complaint are not alleged to have resulted from the unlawful detention of the premises or to have accrued during that period. Therefore, they are not properly sought herein and the prayer for such damages shall be stricken from the Complaint. Defendant shall file an answer within 5 calendar ...

Excerpt: ...rder compelling Defendant to provide verified responses, without objection, within 15 days. (Code Civ. Proc. §§2031.300(b).) The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with this motion. (Code Civ. Proc. §§2031.300©, 2023.010(d), 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) Therefore, monetary sanctions in the amount of $310 are awarded against Defendant and his counsel, payable to P...

Excerpt: ...rting evidence on the issues of negligence and causation. Specifically, the Declaration of Judy Schmidt, M.D. raises disputed factual issues with regard to whether the Defendant's alleged failures in rendering treatment to Plaintiff's decedent fell below the standard of care and proximately resulted in the patient's death. (See Plaintiff's evidence in response to UMFs 10‐13 (Issue 1) and UMFs 2, 13‐17 (Issue 2). ...

Excerpt: ...se of action, as alleged by Plaintiff in his capacity as the decedent's successor‐in‐interest. To the extent that the pleading appears to allege the subject (First) cause of action by Plaintiff in his individual capacity, the law does not support such a claim in this context. Moreover, Plaintiff appears to concede this point in the opposition brief. Therefore, the demurrer is sustained without leave to amend on that limited issue. (b) The Cou...

Excerpt: ...intiff has failed to meet his burden in this regard and that no material factual dispute exists with regard to the issue in contention, i.e. the potential for liability on the part of Defendants for the accident at issue in this case. After review of the moving and opposing papers and evidence, including the deposition testimony of Ms. Lupekha and the declaration of Ms. Joiner, the Court concludes that the undisputed evidence reveals that Defenda...

Excerpt: ... of the instant settlement. In addition, the instant motion fails to disclose the date of re‐mailing of the 85 class notices that were initially returned as undeliverable; therefore, the Court is unable to determine whether those members had sufficient time to respond as set forth in the notice. Counsel shall be prepared to discuss these issues at the time of the hearing. Aside from the procedural issues identified above, and in the event they ...

Excerpt: ...ne, meaningful, and consistent 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 potential maximum and practical liability on the part of Defendant herein. For example, the motion fails to discuss the estimated potential recovery of penalties for the various Labor Code violations alleged in the Compl...

Excerpt: ...ndant, as the moving party, has failed to demonstrate sufficient grounds to justify the Court's imposition of a stay on the instant matter under the circumstances set forth in the moving papers. Specifically, the Court notes that the actions are not substantially identical with regard to the parties or the claims asserted, as the instant matter encompasses a broader putative class and includes multiple causes of action based on Labor Code violati...

Excerpt: ...d opposing papers whether certain of the disputed discovery requests have become moot with the recent submission of the Second Amended Complaint. Therefore, the hearing is continued and counsel are directed to continue to meet and confer in good faith in an attempt to resolve or narrow the issues identified in the motion. The parties are further instructed to submit a Joint Status Statement which describes these efforts and also clearly identifie...

Excerpt: ...nder the relevant agreement. Therefore, the demurrer is SUSTAINED as to the First Cause of Action with regard to both Cross- Defendants. As Cross-Complainants have not demonstrated the existence of additional facts supporting the viability of this claim, the Court denies further leave to amend in this regard. With regard to the Second and Third Causes of Action for Implied Indemnity and Equitable Indemnity, the Court notes that the previous demur...

Excerpt: ...ords. At the outset, the Court finds that the total amount of hours claimed in the moving papers is not consistent with the total amount of hours calculated from the information set forth for each billing attorney in Mr. Daghighian's declaration. Based on the lodestar calculations set forth for each biller by Mr. Daghighian, the Court finds that the appropriate amount of claimed hours totals only $38,620. Therefore, the Court begins its analysis ...

Excerpt: ...ts Amirfar and David arise out of protected activity, i.e. reports to law enforcement agencies. The burden then shifts to Plaintiff to demonstrate the probability that he will prevail on the merits of the subject causes of action. The Court finds that Plaintiff has failed to meet his burden and has failed to submit any admissible evidence beyond his own self‐ serving allegations in that regard. Therefore, the Court finds that the following port...

Excerpt: ... (White v. Lieberman (2002) 103 Cal.App.4th 210, 220.) Therefore, the Court finds that Defendant has met the initial burden of demonstrating that the claims asserted in Plaintiff's Amended Verified Claim arise out of protected activity, i.e. litigation‐related conduct. The burden then shifts to Plaintiff to demonstrate the probability that she will prevail on the merits of the subject causes of action. The Court finds that Plaintiff has failed ...

Excerpt: ...v. Lieberman (2002) 103 Cal.App.4 th 210, 220.) Therefore, the Court finds that Defendant has met the initial burden of demonstrating that the claims asserted in Plaintiff's Amended Verified Claim arise out of protected activity, i.e. litigation‐related conduct. The burden then shifts to Plaintiff to demonstrate the probability that she will prevail on the merits of the subject causes of action. The Court finds that Plaintiff has failed to meet...

Excerpt: ... fairness and adequacy of the settlement amount, such that the Court is unable to conclude that the proposed settlement provides for relief that is genuine, meaningful, and consistent 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 fac...

Excerpt: ...fails to allege sufficient facts to support the stated claim, and this argument is more appropriately raised on demurrer. (Code Civ. Proc. §430.10(e).) However, the Court also has authority to consider such a motion as a judgment on the pleadings under such circumstances. (Pierson v. Sharp Memorial Hospital Inc. (1989) 216 Cal.App.3d 340, 342-343.) In either case, the Court finds that Defendants have failed to demonstrate that the challenged cla...

Excerpt: ...s discovered that its ruling on the motion concerning the responses to Requests for Admissions, Set Two was incomplete and requires correction. Specifically, the Court's denial of the motion was intended to be directed only to Requests 20-23 and 35. While the motion also sought to compel further responses to Requests 36-47, the ruling was not directed at those requests and was incomplete in that regard. Therefore, the Court finds that the relief ...

Excerpt: ...terrogatories 16.2 – 16.5 and rules as follows: Plaintiff has demonstrated that Defendant's responses do not comply with the requirements of Code Civ. Proc. §2030.220. Despite the possibility that later-acquired discovery may further inform and support Defendant's contentions in the case, the Code requires that the responding party provide responses that are as complete as possible based on the information that is reasonably available. Therefo...

Excerpt: ...e parties appear to be in agreement that responses to certain of the requests at issue turn on the implementation of a stipulated protective order regarding the nature of the materials to be disclosed; therefore, they are instructed to continue their efforts to reach a resolution of this issue which may, in turn, resolve certain of the arguments herein. Moreover, Defendant has demonstrated that some of the requests at issue have not previously be...

Excerpt: ...d Banke were not employees or agents of the hospital during the time period at issue in this action; (2) That the staff employed by the hospital met the standard of care in their treatment of Plaintiff; and (3) That no act or omission of the staff employed by the hospital caused or contributed to the injuries claimed by Plaintiff. The burden then shifts to Plaintiff to submit admissible evidence demonstrating the existence of triable factual disp...

Excerpt: ...in part; MOOT, in part. a)While Defendant has demonstrated that Plaintiffs failed to appear for their properly noticed depositions, the motion fails to comply with Code Civ. Proc. §2025.450(b)(2) in that Defendant does not demonstrate any efforts to contact Plaintiffs' counsel to discuss the non-appearances. Therefore, the motion is DENIED. Counsel are admonished regarding the Court's disfavor for the practice of resorting to law and motion proc...

Excerpt: ...action. (Nelson v. Anderson (1999) 72 Cal.App.4 th 111, 131; Oak Grove School Dist. V. City Title Ins. Co. (1963) 217 Cal.App.2d 678, 698.) The Court further finds that Plaintiffs have offered adequate substantiation as to certain of the challenged costs but have failed to offer adequate substantiation as to other challenged costs. The Court acts within its discretion in determining whether costs are excessive and should be reduced. (Levy v. Toyo...

Excerpt: ...e of material fact. With regard to the moving defendant's motion challenging Plaintiff Evan Mays' causes of action for negligence (2 nd) and joint and several liability (3 rd): The Court finds that Defendant has failed to meet his initial burden with regard to the application of the recreational use immunity prescribed by Civ. Code §846. Defendant fails to submit evidence that Plaintiff Evan Mays was trespassing on Defendant Price's property or ...