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: ...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: ...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: ... 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: ...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: ...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...