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 ...

Excerpt: ... 3 rd and 6 th causes of action is SUSTAINED, with leave to amend. The Court finds that the pleading fails to state facts sufficient to support the stated causes of action and is uncertain. (Code Civ. Proc. §430.10(e), (f).) With regard to the 3 rd Cause of Action for Medical Battery, Plaintiff's opposition suggests an intent to proceed on a conditional consent theory, but the Second Amended Complaint does not sufficiently plead the elements of ...