Excerpt: ...GRANTED. There are no allegations of any written contract signed by both Alston and Northern California Nail Company by which the latter agreed to indemnify the former. (Nielsen Constr. Co. v. Int'l Iron Prod. (1993) 18 Cal.App.4th 863, 869: “The language of section 3864 clearly requires execution of the written agreement (i.e., signatures of all parties) before the injury.”) Alston has requested leave to amend to allege the existence of a wr...

Excerpt: ...bd. (c), against Plaintiff in the Amount of $660.00 – GRANTED, in part, and unopposed. a) Based on the information set forth in the moving and reply papers, and in the absence of opposition, the Court finds that responses to the subject discovery have now been served and the request for an order compelling the same has been rendered MOOT. However, the Court finds that Defendants are entitled to an award of monetary sanctions in connection with ...

Excerpt: ... public use and/or not necessary. Although there are instances in which a client list is proprietary, the Court finds that any such concerns are adequately protected by the stipulated protective order in place in this case. Therefore, the Motion to Compel Further Responses to Special Interrogatory Numbers 1, 23, 24, and 27 is GRANTED. Further responses are due within twenty (20) days of the Court signing this Order. The Burchell Nursery, Inc. see...

Excerpt: ...t Defendant failed to comply with his own promised deadline for service of substantive amended responses within one week of the Court's ruling denying the arbitration motion. Moreover, Defendant acknowledges that the partial amended responses he provided have not been verified. Unverified responses are tantamount to no response at all. (Appleton v. Superior Court (Cook) (1988) 206 Cal.App.3d 632, 636.) Therefore, all objections have been waived a...

Excerpt: ... Request for Sanctions in the Sum of $1,050 ‐ DROPPED, at the request of the moving party. (a) Based on the Joint Status Statement submitted on 4‐15‐22, the Court recognizes that the dispute with regard to Mr. Broussard's deposition has now been resolved and only the issue of Mr. Crenshaw's deposition remains at issue in the instant motion. Plaintiff has demonstrated that the subject deposition was properly noticed pursuant to the requireme...

Excerpt: ...jurisdiction to determine whether an employee was probationary or permanent. Contrary to Defendant's arguments, the Board did not make the finding that Plaintiff was a probationary employee. Plaintiff also applied to this court for permission to seek adjudication on the issue whether Plaintiff was entitled to Skelly due process as a permanent employee, which was granted. Defendant's claim that Plaintiff would not be entitled to Skelly regardless ...

Excerpt: ...ose CA; c) Motion to Expunge Lis Pendens and for Attorneys' Fees and Costs – 30 W Reed, San Jose CA; d) St Motion to Expunge Lis Pendens and for Attorneys' Fees and Costs – 425 N 7 th St, San Jose CA – a) Samuel Orozco's Motion to Expunge Lis Pendens Re: 458 N. 7th Street, San Jose CA – Continued from Tuesday, 2/1/22, to Wednesday, 2/9/22: Respondent Samuel Orozco's Motion to Expunge Lis Pendens filed against 458 N. 7 th Street, San Jose,...

Excerpt: ...tions are generally deemed substantial enough, particularly when deemed necessary to hire an outside investigator); and ii) the allegations were founded (i.e. discipline was imposed). (See, Marken v. Santa Monica‐Malibu Unified School Dist. (2012) 202 Cal.App.4th 1250, 1271‐1276; see also, Associated Chino Teachers v. Chino Valley USD (2018) 30 Cal.App.5th 530, 541‐ 543; see also, newly enacted 2019 statutes disfavoring withholding of sexua...

Excerpt: ...ty, has met the burden of demonstrating entitlement to judgment herein. Specifically, Defendant has demonstrated that Plaintiffs cannot establish the elements of negligence and causation against the moving defendant and cannot assert a theory of vicarious liability based on ostensible agency in this instance as a matter of law. ...

Excerpt: ...Plaintiffs' motion asserts that such forms have been provided, the correspondence attached to counsel's declaration does not confirm this information, and the defense indicates that such documentation has not been provided for Plaintiffs Rosa and Brian Cornejo. Counsel shall appear to advise the Court of the status of this exchange, as it appears the settlement can be concluded if such alternate documentation can be provided. ...

Excerpt: ...ima facie entitlement to adjudication of the subject causes of action based on the existence of a contractual release of liability executed by the decedent, the Court finds that Plaintiffs have met their burden of demonstrating the existence of material factual disputes precluding judgment on that basis. At a minimum, Plaintiffs have introduced admissible evidence supporting their assertion that the decedent lacked the capacity to enter into the ...

Excerpt: ...ion of Public Policy: Plaintiff has met the minimal threshold to demonstrate a prima facie case of discrimination based on race related to the shift schedules and assignments of less‐desirable tasks. (Material Fact ## 2, 3, 14; Additional Material Fact ## 82, 89, 96, 97,101, 102.) Defendant has met its burden to explain the legitimate non‐discriminatory basis for these business decisions. (Material Fact ## 9, 10, 11, 12, 13, 162.) Plaintiff h...

Excerpt: ...D as to the Streets and Highway Code and the City Ordinances. The Request is DENIED as to the Google Maps street image and City of Modesto Public Works website. City's Objections to Evidence are SUSTAINED as to 1‐8 pertaining to Zachary Moore's Declaration. The objections are OVERRULED as to numbers 9 and 10 pertaining to Maxine and Felix Bracero's Declarations. Church's objections to evidence are SUSTAINED as to 1‐ 12 pertaining to Zachary M...

Excerpt: ...ant must allege the names of the persons who allegedly made the fraudulent representations, their authority to speak, to whom they spoke, what was said and when. (See, e.g. Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.App.4 th 153, 157.) As Cross‐Complainant has represented the ability to amend the pleading to correct these deficiencies, the Court will grant leave to amend in this regard. Cross‐Complainant shall submit an amended ple...

Excerpt: ...as demonstrated that Defendant's responses to Form Interrogatories, Set One, Nos. 16.2, 16.3, 16.4, 16.5, 16.6, and 16.10 do not comply with the requirements of Code Civ. Proc. §2030.220. Despite the possibility that later‐acquired discovery may further inform and support Defendant's contentions in the case, the Code requires that the responding party provide responses that are as complete as possible based on the information that is reasonabl...

Excerpt: ...property and the reasons therefore and facts demonstrating probable cause for Plaintiff's belief that the subject equipment is located at the address set forth in the application. (Code Civ. Proc. §512.010(a)(2),(4).) Plaintiff shall be prepared to present admissible evidence on these issues at the time of the hearing. In addition, the application does not contain admissible evidence establishing the purported value of the items sought to be rec...

Excerpt: ...o monetary sanctions and submitting to deposition. Further, the Court finds that Plaintiff has engaged in a willful pattern of deliberate non‐compliance and obfuscation with the Court's procedural orders regarding prosecution of the action with due diligence and with the Court's orders regarding discovery, resulting in a prior order to show cause re dismissal where the Court allowed Plaintiff a reprieve after admonishing that continued obstruct...

Excerpt: ...e was $6,500. There is no indication whatsoever that the amount was a total from two different sources/contributors. Nor is there a different attorney's name on the pleadings – the pleadings are signed by counsel bringing the current motion. The motion for acceptance of expenses is CONTINUED on the Court's own motion to November 18, 2021, at 8:30 a.m. On or before November 9, 2021, the guardian will provide a declaration signed under penalty of...

Excerpt: ... Defendant Motor Parts Distributors Inc.'s Motion to Bifurcate; d) Plaintiff's Motion for Bifurcation and for Order Granting Priority Over Plaintiff's Main Case; e) Cross‐Defendant/Cross‐Complainant Express Services, Inc.'s Motion to Bifurcate Trial – Motion (a)—DENIED. While the Court is not inclined to reject or strike moving party's separate statement of undisputed facts, opposing party's objection is well‐taken in that the manner in...

Excerpt: ... broad and includes matters that are reasonably calculated to lead to the discovery of admissible evidence. Here, moving parties sufficiently establish the relevance and discoverability of the desired information as bearing on issues related to vicarious liability, comparative fault and indemnity. Accordingly, the deponent is ordered to respond to the subject questions but any further deposition is expressly limited to the matters raised in this ...

Excerpt: ...ted factual matters or hearsay assertions not within exception. (Evid. Code, §§ 452(c), 453.) The documents speak for themselves and establish matters of corporate disclosure required by law and the applicable dates thereof. Nothing more is required for purposes of the Court's tentative ruling. Regarding the merits, Plaintiff's Complaint asserts causes of action including, as pertinent here, breach of contract and breach of promissory note, aga...

Excerpt: ...n to which the litigation privilege was previously raised is improper and an abuse of the discovery process for which sanctions are warranted. As to the text messages, Defendant Moody technically, albeit in the narrowest sense possible, complied with the September 1, 2021 Order by contacting Metro PCS and asking if the text messages could be retrieved. However, Plaintiff's counsel aptly noted in the further meet and confer process that the custom...

Excerpt: ...Parents) only on the Fourth Cause of Action for violation of Government Code section 11135. SUSD moves for summary judgment of this cause of action on the basis that section 11135 et seq. only provides for a private right of action for equitable relief, not monetary damages, as a matter of law. (Gov't Code § 11139.) SUSD is correct. Moreover, SUSD has met its burden to demonstrate that there is no triable issue of material fact that Parents were...

Excerpt: ...Plaintiff's Motion for an Order Deeming the Truth of Facts and Matters in Request for Admissions, Set One, Propounded to Defendant, Maria Islas; Request for Monetary Sanctions of $3,035 – Motions a), b), c) and d)—SANCTIONS DENIED. Pursuant to the Minute Order of August 31, 2021, motions (a.), (b.) and (c.) were granted, in part, and continued to the present with respect to monetary sanctions against Defendant Islas, only, with the opportunit...

Excerpt: ...ttlement agreement. Therefore, the Court finds that the circumstances supporting entry of a preliminary injunction preventing Petitioner from “selling, transferring, or otherwise encumbering” the real property located at 10501 Alvarado Road, Oakdale, California no longer exist. The preliminary injunction shall therefore be dissolved. With regard to the other pertinent points made by the parties in their briefing, the Court finds as follows (a...