Excerpt: ...ically, 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. Therefore, Plaintiff shall submit shall submit supplemental briefing addressing these issues no later than March 19, 2020. ...

Excerpt: ...cations as constructed and/or as it existed at the time of the subject accident. (See, e.g. UMFs 26-32.) The Court's determination as to Defendant's failure in this regard is based on the following rulings on Plaintiff's objections to Defendant's supporting evidence: Objections 1, 2, 5, 6 and 7 are sustained on the grounds stated. Objections 3 and 4 are overruled to the extent the subject testimony relates to the scope of the design of the subjec...

Excerpt: ...uses of Action); MOTION FOR JUDGMENT ON THE PLEADINGS DENIED, as MOOT. a) With regard to the Fourth Cause of Action, the motion is moot based on the Court's order granting summary adjudication of that claim in favor of Defendant on 10-9-2020. With regard to the Third Cause of action, the Court finds that the pleading states facts sufficient to support the stated cause of action. b) As a preliminary matter, the Court exercises its inherent authori...

Excerpt: ...ed almost entirely upon activity that is protected pursuant to Section 425.16. The protected activity relied upon was not “incidental” as Plaintiff argues – it was fundamental. Indeed, the fact that Plaintiff dismissed his SAC rather than oppose the special motions to strike is an admission of this fact. Whether broadly construed as part of the peer review process, or as statements and comments made as a matter of public interest – i.e. r...

Excerpt: ... Therefore, the Court finds that Plaintiff is entitled to a Code-compliant response in this regard as well as to the opportunity to conduct the requested inspection of the subject premises and/or items. Defendant shall serve a verified further response within 14 days and counsel shall meet and confer to select a mutually agreeable date for the further inspection, which shall be completed no later than March 31, 2021. The Court further finds that ...

Excerpt: ...strating that both the convenience of witnesses and the ends of justice will be promoted by the requested change. (Pearson v. Superior Court (1962) 199 Cal.App.2d 69.) Even if the motion were procedurally proper at this juncture, it appears that Defendant's request does not establish that a transfer is warranted in this instance. ...

Excerpt: ... Expectations, as enacted by the City and made applicable to the construction of single-family residences. This failure constitutes an abuse of discretion in the City's approval of Mr. Noordeweir's applications in April and June of 2020. Therefore, the Court finds that the requested writ of mandate should issue and the City should be directed to comply with the subject procedure in connection with Mr. Noordeweir's applications. In view of the Cou...

Excerpt: ...led to demonstrate that the arbitration provisions were intended to convey a benefit to Defendant. Lastly, Defendant has not demonstrated that the allegations against it are so intertwined with the contract between Plaintiff and her non- signatory employer, who is not a party herein, that arbitration should be compelled under the doctrine of equitable estoppel. ...

Excerpt: ... in the 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...

Excerpt: ...ifies as the prevailing party for the purposes of recovering her fees under the Court's holding in Santisas v. Goodin (1998) 17 Cal.4 th 599. While the Court recognizes that the voluntary dismissal of the action does not confer prevailing party status on Defendant on the contract claims under Civ. Code §1717(b)(3), the tort and contract claims arise from common issues, such that they are intertwined and apportionment is not feasible or necessary...

Excerpt: ...mely submitted (Code Civ. Proc. §2025.410(a)), did not state valid legal grounds for the refusal to appear, and Defendant has not sought a protective order, which requires a noticed motion. (Code Civ. Proc. §2025.420(a); see St. Paul Fire & Marine Ins. Co. v. Superior Court (1984) 156 Cal.App.3d 82.) Therefore, Plaintiff is entitled to an order compelling the appearance of Defendant's Person Most Knowledgeable as to the designated subjects of e...

Excerpt: ...annot dispute that he has received payments from the at-fault party and his workers' compensation carrier that exceed his $50,000 per person underinsured motorist (UIM) policy limit – even conceding that the settlement of the workers' compensation coverage lien reduced the amount of compensation paid to Petitioner. Section 11580.2 precludes Petitioner from recovering twice for the same injury. See e.g. Rangel v. Interinsurance Exchange (1994) 4...

Excerpt: ...ve a proper deposition notice in compliance with Code Civ. Proc. §§2025.270 and 1010.6(a)(4)(A). Accordingly, she has not demonstrated entitlement to the requested relief. 2. The Court finds that the Plaintiff's supplemental disclosure is improper under the circumstances, as the importance of expert testimony on the standard(s) of care applicable to the defendants herein and the calculation of repair damages appear to be fundamental issues whic...

Excerpt: ...Prof. Code §10023 applies to the relationship between Plaintiff and Defendants; that the criteria set forth in Unemp. Ins. Code §650 are met here; and that Lab. Code §2750.3 (d)(1), now enacted as Lab. Code §2778(b)(1), bars Plaintiff's claim. Likewise, the Court previously ruled that a challenge to the constitutionality of such legislation based on due process concerns fails because the newly enacted Labor Code provisions did not change the ...

Excerpt: ...Esq. Exhibits B-K thereto lack authentication and are inadmissible as described due to lack of foundation and lack of personal knowledge of the declarant. (Evid. Code §403, 702.) Exhibits L-M are not submitted in compliance with the requirements set forth in Cal. Rules of Ct., rule 3.1116. For instance, in Defendants' Separate Statement, Undisputed Fact Nos. 11-43 cite exhibits, and only exhibits, supporting the facts. Those exhibits are referre...

Excerpt: ...es not oppose Defendant's evidence establishing that the nurses and technicians in its employ met the standard of care with regard to her treatment, and Defendant is entitled to adjudication of that issue. Plaintiff opposed the motion on the sole issue of whether the hospital might nevertheless be held liable for Dr. Brock's conduct under an ostensible agency theory. In that regard, Plaintiff submitted evidence that the hospital's notice to her r...

Excerpt: ...ue with regard to the scope of Plaintiff's authority to agree to the subject arbitration provisions pursuant to the power of attorney she held for her mother. The law dictates that, regardless of the inclusion of a delegation clause in the subject agreement, this foundational issue must be determined by the Court. (Bruni v. Didion (2008) 160 Cal.App.4 th 1272, 1285.) Therefore, the Court finds that the power of attorney authorized Plaintiff to en...

Excerpt: ... of Starstone National Insurance Company – DENIED. a) Defendant, as the moving party, appears, on the face of the moving papers, to have met its burden of demonstrating entitlement to adjudication of the challenged causes of action herein. The Court has concerns, however, with regard to the narrow scope of evidence provided in support of the motion, particularly in view of the apparent existence of controverting evidence in the deposition of Mr...

Excerpt: ...set forth in Corp. Code §800(b). Moreover, matters subject to judicial notice demonstrate that the composition of the corporate entity's board of directors changed after the submission of the original Complaint, such that Plaintiff is now required to demonstrate compliance with Corp. Code 800(b) with regard to the board as currently comprised. (Apple, Inc. v. Superior Court (2017) 18 Cal.App.5 th 222.) Therefore, the allegations are insufficient...

Excerpt: ...nds that Defendant, as the moving party, has met the burden of establishing its entitlement to judgment on the entire action herein. Plaintiff has not established a statutory basis upon which to pursue a negligence theory against Defendant under the facts alleged herein. Assuming arguendo that the City of Oakdale Municipal Code §4-13 represents the duty alleged in this matter, this Court cannot conclude that such duty is mandatory within the mea...

Excerpt: ...y improper and deprived Plaintiff of an opportunity to respond to Defendant's arguments in that regard. Nevertheless, the Court finds that a determination as to the enforceability of the delegation clause is foundational to the permissible scope of the Court's decision with regard to the other issues presented by the instant motion. (Aanderud v. Superior Court (Vivint Solar Developer, LLC) (2017) 13 Cal.App.5 th 880.) Therefore, the hearing shall...

Excerpt: ...y improper and deprived Plaintiff of an opportunity to respond to Defendant's arguments in that regard. Nevertheless, the Court finds that a determination as to the enforceability of the delegation clause is foundational to the permissible scope of the Court's decision with regard to the other issues presented by the instant motion. (Aanderud v. Superior Court (Vivint Solar Developer, LLC) (2017) 13 Cal.App.5 th 880.) Therefore, the hearing shall...

Excerpt: ...equired element of notice. (Gov. Code §835(b).) The Court notes that Plaintiff argues constructive notice on the basis of evidence that the City performed routine maintenance procedures at the park which, when carried out with reasonable diligence, allegedly should have uncovered the defect. (See Plaintiff's evidence in opposition to UMF 3.) However, Plaintiff has failed to produce any evidence on the foundational issue of whether the defect exi...

Excerpt: ...ed 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 settlement and the associated fees and costs are approved as set...

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. �...