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...