Excerpt: ...can Arbitration Association, … or any other organization to conduct the arbitration subject to our approval.” Plaintiff contends that this sentence makes AAA one of her choices, and that 2WIN's approval is required only if she chooses an entity other than AAA. Defendant contends that the sentence gives it absolute veto power over any choice Plaintiff might make. The Court concludes that the sentence is ambiguous, and therefore should be const...

Excerpt: ...ing of the Court is as follows: Pursuant to the Court's Order of September 17, 2019, the Court has read and considered the supplemental briefing and affidavits submitted in response to the Court's ruling. In light of the concerns and objections raised by the Public Defender's office as to production of the records concerning Defendant Brandon Patrick Whitton, who is also a defendant in a pending criminal prosecution in this forum, and in light of...

Excerpt: ...ing of the Court is as follows: Pursuant to the Court's Order of September 17, 2019, the Court has read and considered the supplemental briefing and affidavits submitted in response to the Court's ruling. In light of the concerns and objections raised by the Public Defender's office as to production of the records concerning Defendant Brandon Patrick Whitton, who is also a defendant in a pending criminal prosecution in this forum, and in light of...

Excerpt: ...lic interest.” The social media posts that underlie the causes of action in the cross-complaint were made” in a place open to the public or a public forum.” (Code Civ. Proc., § 425.16, subd. (e)(3)); see Wilbanks v. Wolk (2004) 121 Cal.App.4th 883, 895-898 [finding the internet, generally, is a public forum]; Damon v. Ocean Hills Journalism Club (2000) 85 Cal.App.4th 468, 476 [finding an HOA newsletter was a public forum because it was “...

Excerpt: ...e and finds it needs additional information before it can enter an order that both adjudicates the MSJ/MSA and responds to the reference to a need for a state law determination that is contained in the remand order and related documents. The court therefore continues the MSJ/MSA. The court is aware that this continuance will interfere with the previously scheduled trial date, and the trial currently set for November 5, 2019, is hereby VACATED. Ea...

Excerpt: ...th the Court's Minute Order of December 19, 2019, which did not confirm the tentative ruling but instead set the matter for contested long-cause hearing which has yet to occur. Consequently, moving party's motion to compel response to the subject discovery is hereby GRANTED. Opposing party shall serve complete, verified responses without objection within fifteen (15) days of this Order. That said, moving party does not dispute that the opposing p...

Excerpt: ...the causes of action set forth in Plaintiff's Complaint by producing evidence of each element of the respective causes of action asserted therein. (Code Civ. Proc. §437c(p)(1).) Therefore, Plaintiff is entitled to judgment as a matter of law. The Court notes that Plaintiff submitted a proposed order which includes a provision for awarding costs. However, no Memorandum of Costs or other description of the claimed costs has been filed to date. Mor...

Excerpt: ...present hearing. The Court considers that rejection on this purely procedural basis would be a substantial waste of judicial resources. Even worse, denial for this reason would simply result in additional subpoenas for the identical records being directed to the actual custodians, the most important of whom are in fact under the auspices of Defendant County, whose counsel would then interpose the exact evidentiary privilege raised in this proceed...

Excerpt: ...of material fact regrading whether Robert intended for his son, Joe, to receive trust distributions without the consent of the independent trustee.All evidentiary objections by either party are overruled, either on the merits or because they do not pertain to evidence that was essential to the court's analysis of MID's MSJ/MSA. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [encouraging parties and trial courts to focus only on “important...

Excerpt: ...of material fact regrading whether Robert intended for his son, Joe, to receive trust distributions without the consent of the independent trustee.All evidentiary objections by either party are overruled, either on the merits or because they do not pertain to evidence that was essential to the court's analysis of MID's MSJ/MSA. (See Reid v. Google, Inc. (2010) 50 Cal.4th 512, 532 [encouraging parties and trial courts to focus only on “important...

Excerpt: ...ition fees, or $4,328.10 * All of the mediation fees, or $2,925, because these costs do not appear “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Code Civ. Proc., § 1033.5, subd.(c)(2).) The court finds Borra's November 7, 2018 offer under section 998 was timely because subdivision (b)(3) of section 998 states: “A trial shall be deemed to actually commence at the beg...

Excerpt: ...llful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules.' ” (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App.4th 967, 994.) Plaintiff is to appear to update the court on his efforts to comply with his discovery obligations. The court grants the request for judicial notice of the complaint, minute orders dated August 23, 2018 and September 10, 2018, defendan...

Excerpt: ... admission numbers 23, 37 and 38, especially when the court considers the definition of, “YOU,” that Plaintiff used in the discovery requests, cannot be answered with enough accuracy to justify subjecting the Souzas to cost of proof sanctions should they decline to admit an act of which they may be unaware. Similarly, form interrogatory numbers 9.1 and 9.2 ask the Souzas to respond to a multitude of allegations, over many years, involving num...

Excerpt: ...r[s embraced by requests for admission asking him to admit he caused damage to defendant's property]” (Code Civ. Proc., § 2033.420, sub. (b)(3)), since the jury found plaintiff had been negligent but no causation was present. In addition, even if the evidence shows plaintiff should have admitted that he broke and/or removed from the ground some of defendant's vines, the court finds these particular admissions were “of no substantial importan...

Excerpt: ... the issue of whether the component part (i.e. the NRS cooler) constituted a separate product from the engine, such that application of the economic loss rule is barred by application of the factors articulated in KB Home v. Superior Court (Consolidated Industries Corp.) (2003) 112 Cal.App.4th 1076. (See Facts 2, 3 and Plaintiff's Additional Facts 17-21.) Therefore, the facts herein are not susceptible of only one legitimate inference, and the is...

Excerpt: ... the issue of whether the component part (i.e. the NRS cooler) constituted a separate product from the engine, such that application of the economic loss rule is barred by application of the factors articulated in KB Home v. Superior Court (Consolidated Industries Corp.) (2003) 112 Cal.App.4th 1076. (See Facts 2, 3 and Plaintiff's Additional Facts 17-21.) Therefore, the facts herein are not susceptible of only one legitimate inference, and the is...

Excerpt: ...If the parties, through counsel, are unable to agree on 3 potential appointees, then each party shall separately submit 2 such recommendations. Such recommendations for potential appointees, together with a statement of each individual's qualifications, shall be submitted to the Court within 20 days. b) Defendant's Motion for Stay of Civil Proceedings – GRANTED, in part. The Court has considered the nature and extent of the competing interests ...

Excerpt: ...he trust in Santa Clara County by virtue of his June 2016 “Petition for Settlement of Final Account” filed in Case No. 1-15-PR-177570; and the fact that Ms. Webb in her capacity as the current successor co-trustee plans to continue administration of the trust in Santa Clara County Case No. 1-15-PR-177570 by preparing an additional accounting of the trust and filing it in Santa Clara County. The motion to dismiss the petition is DENIED. Additi...

Excerpt: ...of $383 and Plaintiff has not submitted a cost bill or otherwise substantiated such items by declaration in connection with the motion. Therefore, Plaintiff's counsel shall submit a revised form of order and judgment without reference to the specific amount of the claimed costs. Plaintiff may pursue the recovery of same through the statutory procedures for submission of a cost bill. ...

Excerpt: ...er, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $360 against Plaintiff and her counsel herein, to be paid to Plaintiff's counsel within 14 days. (Code Civ. Proc. §§2030.290(c), 2023.010, 2023.030(a); Cal. Rules of Ct., rule 3.1348(a).) b) Plaintiff's Motion to Compel Responses to Demand for Production of Documents and Things and Request for Monetary Sanctions – GRANTED, and unopposed; The Cour...

Excerpt: ... and that Nichols has failed to meet his burden in opposition. 1. First cause of action for injunctive relief “Injunctive relief is a remedy, not a cause of action.” (City of South Pasadena v. Department of Transportation (1994) 29 Cal.App.4th 1280, 1293.) Because all causes of action fail as described below, there is no valid claim on which the base an injunction. 1. Second cause of action for inverse condemnation The first amended complaint...

Excerpt: ...'s alternative arguments do not provide sufficient grounds for granting the motion. Leave of court is not required before filing an amendment pursuant to Code Civ. Proc. §474 in Stanislaus County. Under the circumstances, Defendant has not demonstrated sufficient prejudice to justify denial of Plaintiffs' ability to pursue their cause of action against Mr. Bauman on the basis of delay. ...

Excerpt: ...'s alternative arguments do not provide sufficient grounds for granting the motion. Leave of court is not required before filing an amendment pursuant to Code Civ. Proc. §474 in Stanislaus County. Under the circumstances, Defendant has not demonstrated sufficient prejudice to justify denial of Plaintiffs' ability to pursue their cause of action against Mr. Bauman on the basis of delay. ...

Excerpt: ... set forth appropriate material facts and states only allegations and legal conclusions, which are insufficient to support summary adjudication. Moreover, the Separate Statement fails to demonstrate the absence of material factual issues bearing on the existence of a contractual relationship between the parties. As to the Third Cause of Action for Breach of Fiduciary Duty, the Court finds that Defendants, as the moving parties, have met the burde...

Excerpt: ...laintiff's counsel. Under the circumstances, the Court finds that all matters currently on calendar for August 10, 2018 shall be continued to October 16, 2018. In order for Defendant's motion to be heard, however, proper service must be accomplished and proof service filed with the Court. (Code Civ. Proc. §1005; Cal. Rules of Ct., rules 1.21 and 3.1300.) ...