Excerpt: ...uest for Sanctions in the amount of $2,280.00 a) GRANTED IN PART. Defendant Winco Holdings, Inc. is ordered to serve a verified further response by no later than June 30, 2023, limited to FEHA-based actions filed in the last ten years involving disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, retaliation and wrongful termination in violation of public policy. Discl...

Excerpt: ... 6, 2023. No additional filings by either plaintiff or by defendants concerning this Mohon are allowed. b) GRANTED. Attorney's fees of $2,800.00 are awarded in fawr of Narinderpal Sandhu and Rajwant Sandhu and against Van Rorabaugh as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4,1992. Van Rorabaugh, as the Successor Trustee of The Ruth M. Maples Revocable Trust dated March 4, 1992, is ordered to execute and deliver to...

Excerpt: ... by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App. 4th 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for him to...

Excerpt: ...created by the law without regard to the intention of the parties, which is designed to restore the aggrieved party to his or her former position by return of the thing or its equivalent in money. Unilab Corp. v. Angeles-IPA (2016) 244 Cal. App.4*' 622, 639. In addition, the theory of quasi-contractual recovery is that one party has accepted and retained a benefit with full appreciation of the facts, under circumstances making it inequitable for ...

Excerpt: ...denied as to these requests except as to the records from Kaiser Permanente Dale Road Medical Offices that concern plaintiff's mental health conditions, as admitted by plaintiff in response to Special Interrogatory No. 5. Request for Production No. 44— GRANTED. Plaintiff Wendy Speakman is ordered to serve verified amended responses to Request for Production of Documents No.'s 12 and 43, without objections, but only as to the medical records ide...

Excerpt: ...uling by the California Supreme Court in Adolph v. Uber Technologies, Inc., whichever occurs first. In the Sacramento County cases which are the subject of defendant's Request for Judicial Notice the court granted the motions to compel arbitration as to plaintiff's individual claims and stayed the acton as to the representative claims. In the Merced County and Fresno County cases (Exhibits K and L) the court compelled arbitration and dismissed th...

Excerpt: ... The Court continued the hearing to May 9, 2023, and ordered petitioner Lisa Judd to file a Sur-Repl',' by no later than April 21, 2023. The Court allowed this because the respondents had made a new substantive argument in their Reply concerning the lack of proof by the petitioner as to the "probable validity" of her real property claim. Lisa Judd timely filed and served a Sur-Reply on April 21, 2023. Although not specifically allowed by the Cour...

Excerpt: ...iff's counsel to request a hearing. The Court continued the hearing to May 5, 2023, and ordered counsel for both parties to file declarations by April 28, 2023, regarding who from their office made contact with opposing counsel giving notice of their respective requests for a hearing, and also to specifically state in the declarations what part of the tentative ruling they oppose. 80th counsel timely filed declarations. It is apparent to the Cour...

Excerpt: ...Collins; John E. Gish; and the Estate of Conrad G. Sanchez individually and collectively, as follows: $231,124.39 in reliance damages, $154,542.15 in costs, and $104,436.73 in interest through February 20, 2023, for a total judgment amount of $490,103.27, plus interest of 8% per year from February 20, 2023 through May 3, 2023. Code Civ. Proc. section 1285 provides as follows: Any party to an arbitration in which an award has been made may petitio...

Excerpt: ... January 5, 2016 to October 20, 2021. The records are to be produced by no later than Friday, May 26, 2023. The original subpoenas dated March 2,2023, issued to Aseracare Hospice, Hy-Lond Healthcare, and Sutter Gould Medical Foundation, for decedent Donna Lee Warner's medical records, sought medical records from Ms. Warner's date of birth through the present. The original subpoenas were clearly overbroad as to tme. The amended subpoenas issued on...

Excerpt: ...sition of Mr. Quijas. Mr. Quijas is ordered to make himself available for and attend and testify at his deposition. On March 15, 2023, the Court granted plaintiffs' Motion to Compel the Deposition of defendant Adolfo Torres Quijas. The Court ordered plaintiffs' counsel and defense counsel to meet and confer in good faith and set the deposition of Mr. Quijas. The Court also ordered Mr. Quijas to make himself available for and attend and testify at...

Excerpt: ...n good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The proposed settlement terms are as follows: (1) Gross Settlement Amount of $590,000.00; (2) $50,000.00 allocated for PAGA Penalties under the Private Attorney General Action of 2004 ("PAGA"), distributed 25% ($12,500.00) to the A...

Excerpt: ...FAA there is a liberal policy favoring arbitration agreements. Perry v. Thomas (1987) 482 U.S. The arbitration agreement in the Lease Agreement (Maugeri Declaration, paragraph 5, Exhibit 4) prov-des that it is governed by the Federal Arbitration Act ("FAA"), which governs transactions involving commerce. 9 U.S.C. section 2. Courts interpret FAA's term "involving commerce" broadly, finding that the phrase is the functional equivalent of "affecting...

Excerpt: ...ms that defendant Karen Emily Johnson failed to see plaintiff in the crosswalk and hit him while he was in the crosswalk. PUMF, No.'s 2 and 3. There is a disputed issue of fact as to whether Mr. Lopez was actually walking in the marked crosswalk and whether or not Ms. Johnson is at fault. Ms. Johnson claims that Mr. Lopez was not in the crosswalk she did not see him there, and that prior to initiating her turning movement, she observed traffic an...

Excerpt: ... exist, and that plaintiff is entitled to summary judgment. Open Book Account Code Civ. Proc. section 337a defines "book account" as follows: The term "book account" means a detailed statement which constitutes the principal record of one or more transactons between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries a...

Excerpt: ...and confer with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. Defense counsel sufficiently met and conferred with plaintiff's counsel before filing this Motion. Moths Declaration, paragraphs 5 — 10. The Merits Code Civ. Proc. section 436 prov-des that the court may, upon a motion made pursua...

Excerpt: ...s a matter of law. Code Civ. Proc. section 437c(c). The allegations concerning theft by plaintiff of defendant's property, and the facts concerning the grievance process engaged in by plaintiff are not relevant to the issues in this Moton. Plaintiff returned the property which defendant thought he had stolen (PMF No. 9, Itkin Declaration, Exhibit 1 (Deposition of Defendant's PMQ) 27:19-28:10) and the grievance process is a separate process from t...

Excerpt: ...Proc. section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving party, the defendant bears the burden of persuasion that there is no triable issue of material fact in order to prevail on summary judgment. However, defendant is not required to conclusively negate an elem...

Excerpt: ...ost by Dr. Huang and by Hospitalists of Modesto Medical Group, Inc. was within the standard of care. Pursuant to CCP Section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving parties, the defendants bear the burden of persuasion that there is no triable issue of materia...

Excerpt: ...d Property Law to be held in the name of the Settlement Class Member. The Court finds that the settlement was entered into in good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The Court takes the Motion to Dismiss set for July 14, 2023, at 8:30 a.m. off-calendar, and sets a complian...

Excerpt: ...ion." People v. Hutchinson (1969) 71 Cal.2d 342, 350. Ms. Engebretsen was the only juror who the award was not sufficient, and Ms. Engebretsen's observations concerning what the other jurors allegedly said concerning non-economic damages are not corroborated by any of the other jurors, none of whom have come forward, but only by plaintiff's counsel. The Court therefore finds that Ms. Engebretsen's observations are insufficiently to support a find...

Excerpt: ...CM991. On November 17, 2022, the Court dismissed Case No. PR-22-W021 without prejudice. The moving and opposing papers were only filed in Case No. not in the active case, which is Case No. PR-21- OW991. Therefore, the Court is ordering the clerk to image the moving and opposing pa#rs in Case No. PR-21-cm991. Petitioner is appealing the Court's denial of petitioner's Motion to Set Aside the Spousal Property Order. See Opposition, Exhibit A - The C...

Excerpt: ...s: At any time after notice of pendency of achon has been recorded, any party...with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice. ...Evidence or declarations may be filed with the motion to expunge the notce. The court may permit evidence to be received in the form of oral testimony, and may make any orders it deems just to provide for discovery by any party affect...

Excerpt: ...found that Song-Beverly claims are arbitrable. Also, plaintiff has not shown that he would be prejudiced by the arbitration of his claims. The Motion as to Central Valley Nissan Defendant Central Valley Nissan has shown that on July 1, 2017, plaintiff Rodney Borba purchased the 2020 Nissan Titan at issue in this case from Central Valley Nissan, as memorialized by a Retail Installment Sale Contract—Simple Finance Charge (with Arbitration Provisi...

Excerpt: ...herwise to set aside the Trust or any of its dispositive provisions. The Court further does not find that Ms. Frey acted in bad faith. However, the Court awards attorney's fees of $52,789.43 ($49,289.43 for prior work and $3,500.00 for the current motion) and costs of $5,722.26 in favor of Carol Dupree, to be paid out of the Trust corpus, with no apportionment as to the beneficial interests. The Motion is timely in that it was filed within 60 day...

Excerpt: ...Defendant's medical expert, Dr. Marks, on the issues of standard of care and causation are conclusory, speculative, and unsupported by a reasoned explanation of the factual bases for his stated conclusions. (See, e.g. Doe v. Good Samaritan Hospital (2018) 23 Cal.App.5th 653, 662.) In addition, assuming arguendo that Defendant's moving evidence was sufficient to shift the burden to Plaintiff to introduce admissible evidence demonstrating the exist...

Excerpt: ... case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement. Mr. Salazar requests that the Court not enforce the settlement agreement because he did not sign it, and because he has now changed his mind. However, changing one's mind about a...

Excerpt: ...4, 2023. Defendant is ordered to prepare a Judgment of Dismissal. On January 5, 2023, the Court continued the hearing on defendant's Motion for Issue, Evidence and/or Terminating Sanctions and for Monetary Sanctions to March 2, 2023, and ordered plaintiff to serve verified responses to the discovery requests without objections by no later than Friday, February 4, 2023, or the Court may dismiss the action and impose additional monetary sanctions. ...

Excerpt: ...e counsel has shown that he met and conferred with plaintiff's counsel prior to filing the Demurrer, as required pursuant to CCP Section 430.41, but that counsel were unable to reach an agreement. Declaration of Jack D. Polales, paragraphs 3 and 4. Pursuant to CCP Section 430.41(e)(1), a complaint shall not be amended more than three times, absent an offer to the trial court as to such additional facts to be pleaded that there is a reasonable pos...

Excerpt: ...hat party from this waiver on its determination that the party has subsequently served a response that is in substantial compliance with CCP Sections 2033.210, 2033.220, and 2033.2030, and the party's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. Pursuant to CCP Section 2033.280(b), the requesting party may move for an order that the genuineness of any documents and the truth of any matters spec...

Excerpt: ...tness fees) $175.00 (out of claimed costs of $8,520.69) Item No. 11 (court reporter fees) $17,007.38 Item No. 12 (models, photocopies) $1,402.20 Total Costs Allowed: $32,791.38 Pursuant to CCP Section 1033.5(c)(2)&(3), allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Item No. 1 – Filing and Motion Fees If the court determines that CCP Section 1033.5 ex...

Excerpt: .... Fischer seeks summary judgment or, in the alterative, summary adjudication concerning respondents' Objection to First Account and Report as to the following issues: 1. Whether Mr. Fischer has expended funds from the Morgan Stanley account without an order of the Court thereby being in violation of the September 27, 2016 Order, which allegedly requires that the funds of the Trust held by Morgan Stanley shall remain blocked until a further order ...

Excerpt: ...well Shaw & Garcia, jointly and severally; b) Defendants' Motion to Compel Plaintiff's Responses to Supplemental Request for Production of Documents, Set One, Request for Sanctions – is GRANTED as to the request to compel production, and GRANTED IN PART as to the request for sanctions. Plaintiff Alicia Espinoza Hernandez is ordered to serve defense counsel with verified responses with no objections, and copies of the requested documents, by no ...

Excerpt: ...s ordered to appear and show that, as ordered by the Court on January 31, 2023, he gave notice of this continued hearing. Also, Mr. Bravo is ordered to explain the status of plaintiff Avishak Davoud, as to whom Mr. Bravo has not moved to be relieved as counsel. The court admonishes counsel and the parties to refrain from making unnecessary derogatory and inflammatory comments about each other and possible witnesses. Motions to be Relieved as Coun...

Excerpt: ...to trial is suspended, with the result that less than six months remains of the five-year period when the suspension ends, the action shall not be dismissed if the action is brought to trial within six months after the end of the suspension period. At the time the appeals were filed on September 17, 2020, the five-year deadline was set to expire on October 22, 2020, just over a month later. The remittiturs were issued on December 20, 2022, which ...

Excerpt: ...can compel arbitration as a third‐party beneficiary of the Sales Contract under the doctrine of equitable estoppel, pursuant to which a nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations. Felisilda v. FCA U.S. LLC (2020) 53 Cal. App. 5th 486, 495. In Fe...

Excerpt: ...relieved as counsel. Motions to be Relieved as Counsel are governed by Rule of Court 3.1362. Plaintiffs' counsel has complied with all the requirements of this Rule. Plaintiffs' counsel has filed the completed mandatory judicial council forms for a Notice of Motion and Declaration, and has submitted a Proposed Order. Plaintiff's counsel has confirmed plaintiffs' address within the past 30 days by conversation and has timely served plaintiffs at t...

Excerpt: ...ides as follows: Whenever a party in a civil action knows or learns that the action or proceeding is related to another action or proceeding pending, dismissed, or disposed of by judgment in any state or federal court in California, the party must serve and file a Notice of Related Case. Pursuant to CRC 3.300(e), the Notice of Related Case must be served and filed no later than 15 days after the facts concerning the existence of related cases bec...

Excerpt: ...n agreement can be reached that would resolve the objections to be raised in the demurrer. Defense counsel did not attempt to contact plaintiff's counsel until the day before the Demurrer was filed. Amaral Declaration, page 2, paragraph 3. While this was not timely, there was a good reason for this delay in that plaintiff's counsel had filed ex parte applications attesting to his medical issues. Id. at paragraphs 2 and 3. In any event, counsel we...

Excerpt: ... County, the Court is not prepared to conclude that Defendant has carried its burden under Code Civ. Proc. §397(b) at this time. Therefore, the Court chooses to follow the procedure which was approved by the appellate court in People v. Mackey (2015) 233 Cal.App.4th 32, deferring ruling on the instant motion until voir dire has commenced and the Court is able to assess whether the responses of potential jurors confirm the defense's assertions wi...

Excerpt: ...ms are as follows: (1) The settlement class is composed of all persons who are or were employed in California by defendant as non‐exempt employees at any time from March 5, 2017 through September 30, 2022 (approximately 2,615 persons); (2) The maximum settlement amount is $1,900,000.00; (3) Attorney's fees of $665,000.00 (35% of the maximum settlement amount); (4) $20,000.00 for costs and expenses; (5) An enhancement payment to the class repres...

Excerpt: ...6. Therefore, the Court finds that the pleading does not state facts sufficient to support a claim pursuant to Penal Code §496(c). Moreover, in light of the applicable law, the Court finds that the Plaintiff has failed to demonstrate that he is capable of amending the pleading to assert a viable claim in this context. Therefore, leave to amend is denied. ...

Excerpt: ...nsel Lawrence Knapp and defendant's counsel David Johnston are ordered to meet and confer in good faith by no later than Friday, January 21, 2023, to choose a date, time, and location for the taking of the deposition of Kevin Amin. CCP Section 2025.450(a) provides, in pertinent part, as follows: If, after service of a deposition notice, a party to the action… without having served a valid objection under Section 2025.410, fails to appear for ex...

Excerpt: ...on within 10 days after service of entry of the order granting relief from dismissal, pursuant to CCP Section 1008, instead of a demurrer. However, the Court is not limited to the restrictions of CCP Section 1008 but can reconsider its own rulings sua sponte. The language [of Section 1008] chosen by the Legislature strongly suggests it intended to restrict the actions of parties in bringing motions to reconsider, but did not contemplate restricti...

Excerpt: ...public sale of the Mobilehome. The Court enters judgment in the amount of $5,279.00 plus costs of $225.00, for a total judgment of $5,504.00 in favor of petitioner Country Western Mobile Home and RV Park LLC and against respondents Jerry Elmore, Gloria Keeney, Thomas Snow, and Neoma Snow, jointly and severally. Petitioner will be awarded attorney's fees according to proof submitted at the hearing. Petitioner has satisfied the requirements of Civi...

Excerpt: ...aken against a party based on mistake, inadvertence, surprise, or excusable neglect. The pertinent provisions of the statute provide as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied b...

Excerpt: ...l Defendant to Provide Responses to Special Interrogatories, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED; d) Plaintiff's Motion to Compel Defendant to Provide Written Responses and Documents to Request for Production of Documents, Set One, and Request for Monetary Sanctions in the Amount of $5,040.00 Against Defendant – GRANTED. a‐c) The Court finds that the requests were properly elect...

Excerpt: ...s, orders, or other proceedings based on mistake, inadvertence, surprise or excusable neglect. The pertinent statutory language is as follows: (b) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by ...

Excerpt: ...lidate must list all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of record, contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first, and be filed in each case sought to be consolidated. The notice of motion does not list the caption of the two cases with the lowest numbered case listed first, and the notice of motion has not been f...

Excerpt: ... substance of the objection, and whether the objection relates specifically only to allegations made in the supplement. In fact, respondent does not indicate when the supplement was even filed. It appears that no actual “supplement” was filed. An attorney declaration was filed on March 16, 2022, attaching Exhibits A through D, which were missing from the original petition. The objection is as to several paragraphs of the “supplement” (i.e...