Excerpt: ...A motion for judgment on the pleadings has the same function as a general demurrer but can be made after the time for demurrer has expired. Pursuant to CCP Section 439, before filing a motion for judgment on the pleadings the moving party shall meet and confer with the party who filed the pleading for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion. Defense counsel has shown that he me...

Excerpt: ...e Code Section 1304(a). Samuel Orozco et al.'s Petition for Order Construing Trust Instrument, Determining Rights and Powers, Ascertaining Beneficiaries, Instructing Trustee, Quieting Title and Removing Trustee (“The Petition for Order Construing Trust Instrument”) is appealable under Probate Code Sections 1303(f) and 1304(a). Samuel Orozco et al.'s Petition for Removal of Henry Orozco as Personal Representative of the Estate of Guadalupe Oro...

Excerpt: ...ms related to the buyers' purchase of the property, including those against the broker; (2) all claims related to the deposits/holdbacks that were part of the purchase of the property; and (3) all claims related to the purchase contract and SIP (“Seller License to Remain in Possession Addendum”) between the Trust and the buyers pursuant to the Court‐approved settlement agreement. Motion, page 12, lines 6 – 9. Plaintiff argues that the Com...

Excerpt: ...arty, the court may grant leave to complete discovery closer to the initial trial date or to reopen discovery after a new trial date has been set. The date initially set for trial was October 4, 2022, so discovery originally closed on September 4, 2022, and the last day to hear a discovery motion was September 19, 2022. However, plaintiff filed an ex parte application to continue the trial date and “related dates thereto”. In the ex parte app...

Excerpt: ...al facts are in dispute. The fact that World International is no longer represented by counsel is not a reason for the Court to delay in making its ruling, because the Court has given World International sufficient warning and time to obtain new counsel and/or to request a continuance of the hearing. On October 6, 2022, the Court granted defendant World International's counsel's Motion to be Relieved as Counsel. Carmen Millan, an accountant for W...

Excerpt: ...the Court granted Plaintiff's Motion to Deem Requests for Admission Admitted as to Angels Crossing. As a result of the Court's ruling Angels Crossing is deemed to have admitted that as the owner of the subject properties it is obligated to pay the special taxes, that it has not paid any of the special taxes, that the special taxes for tax years 2018/2019 and 2019/2020 have not been paid, and that the special taxes are delinquent. There are no Iss...

Excerpt: ...d severally. The fact that World International is no longer represented by counsel is not a reason to cause the Court to delay in making its ruling, because the Court has given World International sufficient warning and time to obtain new counsel and/or to request a continuance of the hearing. On October 6, 2022, the Court granted defendant World International's counsel's Motion to be Relieved as Counsel. Carmen Millan, an accountant for World In...

Excerpt: ... Southwest made a global settlement proposal on March 8, 2021. Cohen Declaration, Exhibit A, pages 7 and 22. In an e‐mail dated March 9, 2021, Alamo and APMI agreed to the amounts, and proposed that there be a time limit to receive the settlement checks and an enforcement mechanism under CCP Section 664.6. Id. at page 19. Southwest agreed to this in an e‐mail of March 9, 2021, but then stated that Mr. Goldstein had to confirm his clients' (Dr...

Excerpt: ...) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would be available to the public entity if it were a private person. Government entity liability for premises liability and the dangerous condition of public property is governed by Government Code Section 835, which provides as follo...

Excerpt: ...five years of the seizure of the property. On October 19, 2021, the Court granted the People's discovery motions, including the Motion to Deem Requests for Admission admitted. Motion, Exhibit B. Pursuant to this Order, Mr. Cruz has admitted that the money at issue was furnished or intended to be furnished by a person in exchange for a controlled substance within five years of the date of its seizure, that the money is proceeds traceable to an exc...

Excerpt: ...es a non‐ parent. …a trial court has the responsibility to protect the rights of a minor who is a litigant in court, and in this role the court has the inherent authority to make decisions in the best interests of the child, even if the parent objects. This judicial protection of minors encompasses a court's authority to select a guardian ad litem who is not the parent or general guardian. Williams v. Superior Ct. (2007) 147 Cal. App. 4th 36,...

Excerpt: ... contain new or different facts which could not with reasonable diligence have been presented at the trial of the action. The moving party must provide a satisfactory explanation for the failure to produce the evidence at an earlier time. CCP Section 1008; Shiffer v. CVS Corp. (2015) 240 Cal. App. 4th 246, 255. Mr. Orozco states that the new evidence and facts include 15 confirmed documented instances of false and contradictory trial testimony, n...

Excerpt: ...g proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. The Motion was not timely filed by Project‐Mate, Inc. On September 13, 2021, Project‐Mate, Inc. filed a Request for Dismissal of the Cross‐Complaint it had filed on March 10, 2021. Even if Project‐Mate, Inc. could show tha...

Excerpt: ...n is DENIED as to Issue No.'s 1, 2, and 4, and GRANTED as to Issue No. 3. Defendants' Request for Judicial Notice is granted. Plaintiffs' Evidentiary Objections are sustained as to objections no.'s 2, 5, 10, 49, 55, 56, and 57, and are otherwise overruled. Defendants' Evidentiary Objections are sustained as to objection no.'s 1 and 2 and overruled as to objection no.'s 3 – 11. Issue No. 1 – At the time when the subject accident occurred, defe...

Excerpt: ...CCP Section 386 and Rutter's Guide to Civil Procedure Before Trial, Ch. 2‐F (2019) at 2:470. The fact that plaintiff, by virtue of an attorney lien, may have a right to a portion of the $25,000.00, does not mean that plaintiff can simply deduct the amount it believes it has a right to before interpleading the remaining funds. The amounts which plaintiff and each defendant are entitled to must be determined by the Court. ...

Excerpt: ...20 and 22, and sustained as to No.'s 18 and 21. The liability of the Dragon defendants is based on whether or not the Dragon defendants can be liable as successors in interest to Vantage Trailer, Inc. Plaintiff's Response to Defendants' UMF No. 3. Defendants have shown that no issues of material fact exist which support a successor in interest claim. The Agreement called for Vantage Trailers to sell certain assets to Dragon Products related to th...

Excerpt: ...onally, reconsideration of the denial of a summary judgment motion cannot be sought on the 10‐ day notice period set forth in CCP Section 1008, because this would bypass the procedural protections of CCP Section 437c afforded to parties opposing summary judgment, such as the requirement of 75 days' notice. Torres v. Design Group Facility Solutions, Inc. (2020) 45 Cal. App. 5th 239, 243. Finally, the Court finds that it did not err in denying de...

Excerpt: ...ration, based on the U.S. Supreme Court's holding in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906. The Court further notes that Plaintiff does not appear to oppose the application of Viking River Cruises, supra, with regard to the individual claim. Therefore, the motion is GRANTED in that respect. However, the issue of whether Plaintiff retains any ability to pursue a representative PAGA claim despite the existence of the arbitrati...

Excerpt: ... same damages as the claim for breach of contract, with the result that no separate claim has been sufficiently stated. (See, e.g. Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1395.) Therefore, the demurrer is SUSTAINED with regard to this cause of action; however, the Court will grant Plaintiff leave to amend the pleading in this regard. With regard to the Third Cause of Action for Common Counts, the Court f...

Excerpt: ...ky Stores, Inc. (2000) 79 Cal.app.4th 1081,1086.) There are thirty‐seven issues for adjudication which all boil down to whether each allegation in the complaint were sufficiently alleged in the LWDA Notice. The first three issues address the entirety of the PAGA cause of action. The remaining issues address a “claim within his PAGA cause of action.” California Code of Civil Procedure 437c allows summary adjudication “only if it completely...

Excerpt: ... PERB. (UMF #.) Ms. Trevethan was Plaintiff's direct supervisor and Barney Gordon was a member of the Board of Trustees viewed as Ms. Trevethan's supervisors. (UMF 4.) Therefore, there remains a triable issue of material fact as to whether Defendants were “supervisory employees.” (See, Hartnett v. Crosier (2012) 205 Cal.App.4th 685; see also, Caldecott v. Sup. Ct. (2015) 243 Cal.App.4th 212, 223.) The Tort Claim does not have to identify caus...

Excerpt: ...le Dam Blvd. E in Oroville. (Undisputed Material Fact [hereinafter, “UMF”] 1 and 11; Complaint at 4‐5.) Defendant Wright applied for a position with Foodmaxx on April 2, 2016. (Ex. F.) He denied any felonies and had prior work experience without any adverse employment actions. (Id.; UMF 5). He had not been in any physical altercations prior to the subject incident. (UMFs 4, 22.) He was a meat clerk that did not include any physical altercat...

Excerpt: ...ba Alexander Cohen Hospice House's Demurrer to Plaintiff's First Amended Complaint – OVERRULED, part; SUSTAINED, in part, with leave to amend. a) With regard to the First Cause of Action for Elder Abuse and/or Neglect, the Third Cause of Action for Wrongful Death, and the Fifth Cause of Action for Violation of Patient's Rights, the Court finds the allegations sufficient at the pleading stage to state the challenged claim. Therefore, the demurre...

Excerpt: ...s to the Third Cause of Action for Harassment. The Court addresses the issues in numerical order. Issue #1 [First Cause of Action]: While discrimination claims are subject to a three‐step burden‐shifting paradigm, establishing a prima facie case is not particularly onerous. (Guz v. Bechtel Nat'l, Inc. (2000) 24 Cal.4th 317, 354‐355.) Here, Plaintiff is Laotian/Mien/Asian, and therefore, within a protected class. He was treated differently f...

Excerpt: ...ust establish that the employee committed a tort within the scope of employment. (Pierson v. Helmerich & Payne Internat. Drilling Co. (2016) 4 Cal.App.5th 608, 618.) Pursuant to the well‐known “coming and going rule,” an employee's commute to and from work is not considered to be within the scope of employment unless a specific exception applies. (Anderson v. PG&E (1993) 14 Cal.App.4th 254, 258.) CEI's employees, such as Plaintiff and Defen...