Excerpt: ...INUED, on the Court's own motion . (a ) There is no dispute between the parties as to Defendant's entitlement to the re que st e d discove ry. In the absence of demonstrated justification for said presence, the Court finds that Plaintiff's Counsel is not entitled to be present for said Independent Medical Examination. ( Golfland Entertainment Centers, Inc. v. Superior Court (2003) 108 Ca l.Ap p .4 t h 7 3 9 ; Vin s o n v. Su p e r io r Co u r t (...

Excerpt: ...evidence conclusively disproves each element necessary to support Plaintiffs' recovery for wrongful death and survival premised upon professional negligence - breach of duty, causation, and resultant damages, and also conclusiv ely disproves the elements of causation and resultant damages that are necessary to support Plaintiffs' recovery for either wrongful death or survival premised upon professional negligence . Further, Defendants' evidence e...

Excerpt: .... Dept . of Fin., (2022) 79 Cal. App. 5th 431,), as modified on denial of reh'g (May 31, 2022), review denied (Aug. 10, 2022) . The Court also finds that said alleged agreement, were same enforceable, is violative of the Statute of Frauds in that it relates to “An agreement for the le asing for a longe r pe riod than one ye ar, or for t he sale of re al prope rt y, or of an interest therei n.” but was not in writing. (Civ. Code § 1624; M...

Excerpt: ...tes the indemnitor to reimburse the indemnitee for any damages the indemnitee becomes obligated to pay third persons —that is, it relates to third party claims, not attorney fees incurred in a breach of contract action between the parties to the indemnity agreement itself. ( Alk i Pa rt ners, LP v. DB Fund Servs ., LLC, (2016) 4 Cal. App. 5th 574 ; Ca rr Bus. Ent erprises, Inc. v. Cit y of Chowchilla , (2008)166 Cal. App. 4th 14) . The Court fu...

Excerpt: ... 2017.010 and 2030.300 ; W illia m s v. Su p .Ct . (Ma r s h a lls o f CA, LLC) 3 Cal.5th 531, 541 Em e r s o n Ele c . Co . v. Su p .Ct . (Gra ys o n ) (1997) 16 Cal. 4th 1101; Obregon v. Sup.Ct. (Cimm's, In c . ) (1998) 67 Cal.4th 424, 434) . Regarding Defendant's claims of attorney client privilege and attorney work product the Court finds that Defendant did not provide sufficient factual in f o r m a t io n t o p e r m it a n e v a lu a t...

Excerpt: ... of Anaheim ,(1994) 25 Cal. App. 4th 11, 35,); Da rr v. Lone St a r Industries , Inc., (1979) 94 Cal. App. 3d 895, 900,) . The Court also finds that the conveyance of the dominant tenement transfers all appurtenant easements to the grantee, even though the easements are not s p e c if ic a lly m e n t io n e d in t h e d e e d . ( Moyla n v. Dyke s , (1986)181 Cal. App. 3d 561, 568). Furthermore, an appurtenant easement is a part of, and cannot b...

Excerpt: ...s, based on “what was, or should have been, known t o settlor at time questioned settlement was mad e ”, that the settlement entered by the parties was within the reasonable range of Ms. Gregg's proportional share of c o m p a r a t iv e lia b ilit y f o r p la in t if f ' s in ju r ie s b a s e d o n t h e in f o r m a t io n a v a ila b le a t the time of settlement. This finding is regardless of wheth er the settlement date was in Nove...

Excerpt: ...Cra ne v. R. R. Cra n e In v. Co rp ., (2022) 82 Cal. App. 5th 748, 298 citing Tr a h a n v. Tr a h a n , (2002) 99 Cal. App. 4th 62, 75; Go v. P a c ific He a lt h Se r vic e s , In c . (2009) 179 Cal.4th 522, 529 -532; Cot t on v. Expo Power Syst ems, Inc. (2009) 170 Cal.4th 1371, 1381- 1382) . The Court notes that the statutory buy -out procedure to avoid involuntary d is s o lu t io n o f a c o r p o r a t io n w h ic h in v o lve s t h e a p...

Excerpt: ... , § 1 2 8 1 ) . The Court finds that Plaintiff was not compelled to sign the arbitration agreement as a condition of employment and also had the option to opt out of said agreement. Therefore, the Court finds that said arbitration agreement was not a contract of adhesion. Civil Code section 1670.5; Armendariz v. Foundation Health Psychca re Services, Inc. (2000) 24 Cal.4th 83, 102 ; Pardee Construction Co. v. Superior Court (2002) 100 Cal.App.4...

Excerpt: ...unt of time investment by Counsel. ( Ketchum v. Moses (2001) 24 Cal.4th 1122, 1133). The Court therefore awards Plaintiff attorney's fees of $84, 535.00 and costs of $3,336.27 . The Court also finds that regardless of Defendants' opposition to said partition, it m a y b e c o n s id e r e d a s b e n e f it in g f r o m s a id p a r t it io n . ( St ut z v. Da vis (1981), 122 Ca l.Ap p .3 d 1 ; O r i e n v . Lu t z (2017) 16 Cal.App. 5 th 957; Ri...

Excerpt: ...o have a contractual duty to defend M id -Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connection with Commercial Specialty Inc.'s work on the property located at 2600 Spengler Way, Turlock Ca lif o r n ia , except “to the extent the claims arise out of, pertain to, or relate to the active negligence or willful misconduct of that general contractor, construction manager, or other subcontracto...

Excerpt: ... litigation privilege of Civil Code §47 and §425.16 . (Brown v. Dep't of Corr ., (2005) 132 Cal. App. 4th 520; Briggs v. Ede n Council for Hope & Opportunity (1991) 19 Cal 4 th 1106 115. The Court further finds that Plaintiffs have not demonstrated the probability that they will prevail on the merits of their alleged causes of action. The Court finds that Plaintiffs have failed to meet their burden particularly as there is no evidence that ...

Excerpt: ...ly or dependent adults, regardless of their professional standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) “Recklessness” refers to a subjective state of culpability greater than simple negligence, which has been described as a “deliberate disregard” of the “high degree of probability” tha...

Excerpt: ...ing that has been amended after a demurrer to an earlier version of the pleading was sustained shall not demur to any portion of the amended complaint, cross-complaint, or answer on grounds that could have been raised by demurrer to the earlier version of the complaint, cross-complaint, or answer." (Ca. Law and Motion Authorities S 29:5A). Furthermore, if a demurrer is sustained and the complaint is amended, no subsequent demurrer can be brought ...

Excerpt: ...y and as Plaintiff would not have an opportunity to respond to said issue, considerations of fairness require the Court to decline to consider that issue. Reichardt v. Hoffman (1997) 52 Cal.App.4th 754, 765 ; United Grand Corp. v. Malibu Hillbillies, LLC, (2019) 36 cal. App. 5th 142.) The court also notes that Defendant's request for judicial notce was not, as is required, made by a separate document listing the items for which notice is requeste...

Excerpt: ...iled a Private Attorneys General Act (PAGA) action comprised of individual and non-individual claims, an order compelling arbitration of individual claims does not strip the plaintiff of standing to litigate non-individual claims in court. (Adolph v. Uber Techs., Inc., (2023) 14 Cal. 5th 1104; Cal. Lab. Code S 2699(c)).Accordingly, the Court finds that Plaintiff herein may still maintain his non-individual claims in state court. However, in relia...

Excerpt: ... against all claims by Super Store Industries arising out of or in connec
Ÿon with Top Quality and Fireplace's work on the property located at 2600 Spengler Way, Turlock California. , except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontractor, or their other agents, other servants, or other independent contractors...

Excerpt: ... are also uncertain as to the moving defendants. (CCP S 430.10(e) & (f), California Rules of Court, Rule 2.112, Khoury v. Maw's of Calif, Inc. (1993) 14 Cal.4th 612, 516, (citing text); A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 cal.5th 577, 695, Williams u Beechnut Nutrition corp. (1986) 185 cal.3d 135, 139). Furthermore, due to the inconsistent allegations contained in Plaintiff's complaint, specifically, Plaintiff's allegations ...

Excerpt: ...at Defendant Kevin Ray Zanders has failed to respond to Plaintiff's properly propounded Special Interrogatories, Set One, or at all, without justification. Accordingly, Plaintiff's application is hereby granted. Defendant shall provide verified responses to the propounded discovery without objection within fourteen (14) days of the date of the Court's order. Any objections by Defendant to said discovery are hereby waived. (Code of Civ. Proc. SS 2...

Excerpt: ...es to have a contractual duty to defend Mid-Cal Constructors Inc., from and against all claims by Super Store Industries arising out of or in connec
Ÿon with A+ Innova
Ÿve Drywall Inc.'s work on the property located at 2600 Spengler Way, Turlock California, except “to the extent the claims arise out of, pertain to, or relate to the ac
Ÿve negligence or willful misconduct of that general contractor, construc
Ÿon manager, or other subcontract...

Excerpt: ...rged his burden of demonstrating that he is entitled to the requested discovery. (Code of Civ. Proc., "2017.010, 2030.290(b); (Appleton v. Superior Ct., (1988) 206 Cal. App. 3d 632; Steven M. Garber & Associates v. Eskandarjan (2007) 150 Cal.App.4th 813). Furthermore, the Court finds, in view of the upcoming motions for summary judgment filed by other Defendants herein against Plaintiff on calendar for February 2024, Plaintiff will be prejudiced ...

Excerpt: ...sed by P from American Chevrolet (GM UMF 1) and as to the lack of a new Limited Vehicle Warranty issued by Defendant accompanying said sale. (GM UMF4, UMF6 and UMF 7). (Rodriguez v. FCA US, LLC, (2022).77 cal. App. 5th 209). Accordingly, Defendant's application for summary judgment is hereby granted. Plaintiff's request for a continuance is denied on grounds that Plaintiff already possess the evidence it alleges supports its claim that a new vehi...

Excerpt: ...sexual abuse by the Perpetrators on Plaintiff which was reported to Defendant between January 1, 1997- 2001. The Court finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter under Penal Code 511164-11174.3, Child Abuse and Negligent Reporting Act (CANRA), when Plaintiff allegedly made his second report of sexual abuse by William and David Shook to Defendant. Accordingly, Defendant's Demurrer to Pla...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: ...on. (White Lighting Co. u Wolfson, (1968) 68 Cal. 2d 335, 344). The Court finds that Plaintiff's claim herein has probable validity. (Code of Civil Procedure section 481.190; Loeb and Loeb v. Beverly Glen Music, Inc. (1985) 166 cal.App.3d 1110). The Court additionally finds that an attachment may not be issued herein on grounds that Plaintiff's claim herein is not readily ascertainable, based on Plaintiff's failure to provide evidence of the hour...

Excerpt: .... Atlantic Richfield Co. (2001) 25 cal. 4th 826, 850). Accordingly, Defendant's motion for summary adjudication as to the lack of Defendant's liability to Plaintiff as a matter of law because Kevin Ray Zanders was not acting within the scope of his employment he engaged in tortious conduct towards Plaintiff, is hereby granted. (Aores v. AutoZone W„ Inc., (2008) 161 cal. App. 4th 373, Mary M. u City ofLos Angeles (1991) 54 cal.3d 202). The Court...

Excerpt: ...ff's Motion for Orders Compelling Responses to Requests for Admission Set One and Awarding Sanctons of $2,600.00 Against Defendants and Their Attorney of Record Michael Warda —GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to plaintiffs second set of form i...

Excerpt: ... in its previous order of 10/4/23 warned Defendant that further failure to comply with the Court's orders could result in the imposition of more stringent sanctions up to and including terminating sanction. (Cornerstone Realty Advisors, LLC v. Summit Healthcare Reit, Inc., (2020), 56 Cal. App. 5th 771). Accordingly, Plaintiff's application for issue sanctions to be imposed against Defendant is hereby granted. The allegations of Plaintiffs complai...

Excerpt: ... for Admissions Set No. Admitted and Request for Order Awarding Monetary Sanctions Against Defendant— GRANTED, unopposed. a) The Court finds that Defendant failed to timely respond to the requested discovery or at all. Accordingly, Plaintiffs unopposed motion to compel defendant to prov-de full and complete responses, without objections, to Plaintiff's Request for Production of Documents, Set One, is granted pursuant to Code of Civil Procedure ...

Excerpt: ...p.4th 118). The Court finds that Plaintiff, as the prevailing buyer under Code of Civil Procedure 51794 (d), is entitled to the award of reasonable attorney's fees incurred in the prosecution of Plaintiff's Song Beverly Act Claim herein. The Court also finds that the pre-engagement activity undertaken by Plaintiff's Counsel prior to signing Plaintiff on as a client is compensable. (Hogar Dulce Hogar v. Cmty. Dev. Com. of City of Escondido, (2007)...

Excerpt: ...ffs Eliseo Rivera, by and through his guardian ad litem Elvia Rivera and Elvia Rivera's First Cause of Action for Medical Malpractice fails because the care provided to Ms. Rivera by Memorial's nursing staff met the applicable standard of care include the following: Whether Defendant's nurses operated below the appropriate standard of care in failing to obtain an estimated fetal weight (E W) upon Plaintiff's admission to Defendant's hospital. (Pl...

Excerpt: ... towards a finding of procedural unconscionability, may not by itself lead to a finding of procedural unconscionability. (Lane v. Francis Cap. Mgmt. LLC, (2014) 224 cal. App. 4th 676, citing Peng v. First Republic Bank (2013) 219 cal.App.4th 1452, 1472). The Court therefore finds, in combination with the voluntary nature of Plaintiff's signing of said arbitration agreement, and the prominent notice at the top of said arbitration agreement requiri...

Excerpt: ...ugh a fee request should generally be documented in detail, a judge may properly base a fee award on the attorney's declaration, in the absence of tme records and billing statements. (Cruz v Fusion Buffet, Inc. (2020) 57 cal.5th 221, 237; Bender v county ofLosAnge/es, (2013) 217 cal.4th at 987). The court considering an attorney's fee award may require a defendant to produce records sufficient to provide a proper basis for determining how much ti...

Excerpt: ...that Defendant's provision to Plaintiff of new admission paperwork and a new arbitration agreement for execution upon each occasion of Plaintiff's readmission to Almond Vista's facility, particularly after the 2016 arbitration agreement between the parties permits an inference that any previous arbitration agreement between the parties was accordingly revoked and or terminated. Accordingly, Plaintiff's refusal to sign the 3/14/19, 6/11/19, 2/12/2...

Excerpt: ... Court finds, upon the application of the factors listed in Tech-Bilt Inc. v Woodward-Clyde Associates, that Settling Defendants application demonstrates the good faith nature of the settlement between Plaintiffs and Settling Defendants. (Tech-Bilt Inc. v Woodward-Clyde Associates (1985) 38 Cal.3d 488, code of Civil Procedure SS 877, 877.6). The Court also finds that said settlement amount of settlement is within reasonable range of Settling Defe...

Excerpt: ...siness and Professions Code. Specifically, plaintiff has pled sufficient facts demonstrating a loss or deprivation of money or property sufficient to qualify as an injury in fact, i.e., economic injury, and that said economic injury was result of, i.e., caused by, the unfair business practice. (Cal. Bus. & Prof. Code S 17204, Prager Univ. v. Google LLC, (2022), 85 Cal. App. 5th 1022, review filed Jan. 17, 2023). Additionally, Plaintiff has allege...

Excerpt: ..., no such statement had been filed as ordered and the Court again re-issued the order to file the joint status statement and again continued the hearing to this date in order to determine compliance. (Minute Order of 10/3/23.) As of this posting, the Court's docket does not reflect that any such joint status statement has been filed and Plaintiffs moton has not been withdrawn nor has a notice of settlement been filed with the Court. Accordingly, ...

Excerpt: ...cial Interrogatories, Plaintiff's instant application is now moot. The Court declines to impose monetary sanctions on grounds that Defendant's Counsel's calendaring error constitutes substantial justification for failingto respond to said Special Interrogatories. (Code of Civ. Proc. section 2023.030 (a)). b) GRANTED. The Court finds that Defendant has substantially complied with Plaintiff's propounded discovery. Further, that Defendant's failure ...

Excerpt: ... Mann v. Pacific Greyhound Lines (1949) 92 Cal.App.2d 439, 446. Continuances should be granted sparingly and only on a proper showing of good cause. County of San Bernardino v. Doria Mining & Engineering Corp. (1977) 72 Cal.App.3d 776, 781. "To ensure the prompt dispositon of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain." [CRC 3.1332(a); see also CRC 3.1332(c)—...

Excerpt: ..., Defendant may reasonably be held to have exhibited a conscious disregard for the safety of others and thereby establishing the required malice element for Plaintiffs' claim for punitive damages herein. (Cal. Civ. Cade S 3294(c)(1), Kingv. U.S. Bank Nat'l Ass'n, (2020), 53 Cal. App. 5th 675, as modified on denial of reh'g (Aug. 24, 2020), Taylor v. Superior Ct., (1979) 24 Cal. 3d 890). Accordingly, Defendant's motion to strike is hereby denied...

Excerpt: ...inds that per said arbitration agreement, Plaintiff, as the party electing arbitration is entitled to choose between the American Arbitration Association (AAA), JAMS or any other reputable arbitration organization as the arbitration forum. The Court further finds that Plaintiff has elected the American Arbitration Association (AAA) as the arbitration forum for this dispute. Accordingly, Plaintiff's claims are ordered to arbitration with the Ameri...

Excerpt: ...D, in part. a) The Court finds that Defendant failed to timely respond to Plaintiff's Requests for Production, Set One, propounded by Plaintiff on August 2, 2022, and further failed to comply with the Court's order of June 15, 2023, to produce all outstanding discovery. All objections to the requested discovery are hereby waived. Code of Civ. Proc. 52031.300(a)). Defendant is hereby ordered to produce all the requested documents within fifteen (1...

Excerpt: ...appearing Councils. (Corporations Code S6020(a). This would include any debt or liability attributable to any of the constituent Councils to said merger. Furthermore, a plaintiff could sue a dissolved corporation for damage or injury caused by the corporation's predissoluton activities even though the plaintiff sustained or discovered the damage or injury after the corporation had dissolved. (Penasquitos, Inc. v. Superior Court, (1991) 53 Cal.3d ...

Excerpt: ...t was not a condition of Plaintiff's employment. The Court further finds, in combination with the voluntary nature of Plaintiff's signing of said arbitration agreement and the PAGA opt-out clause, that said arbitration agreement exhibits a low degree of procedural unconscionability. (Kinney v. United Healthcare Servs., Inc. (1999) 70 Cal. App. 4th 1322, 1329.) The Court also finds that any elements of substantive unconscionability that may exist ...

Excerpt: ...-Acute Healthcare Center of Modesto and Plaintiff Marcus Nichols. (Souza v. Westlands Water Dist., (2005) 135 Cal. App. 4th 879) The Court further finds that although a party to a contract may rescind a contract if the consent of the party rescinding was given by fraud, when the rights of others have intervened and circumstances have so far changed that rescission may not be decreed without injury to those parties and their rights, rescission wil...

Excerpt: ... December 2019, been put on inquiry, if not actual notice, of defects with her vehicle for her cause of achon for fraudulent concealment to have accrued so as to begin the tolling of the three year statute of limitations on her claim for fraudulent concealment. (Cal. Civ. Proc. Code S 338). The Court therefore finds that Plaintiff's cause of action, which was first filed on January 23, 2023, is time barred. The Court also finds that Plaintiff's c...

Excerpt: ...art, unopposed; c) Plaintiff Douglass Montgomery's Motion to Compel Responses to Request for Production of Documents, Set One from Defendant Animal Health International, Inc., and Request for Monetary Sanctions — a) The Court finds that Defendant has failed entirely to timely respond to Plaintiff's Request for Form Interrogatories, Set One, propounded on 5/8/23. Therefore, all objections to same are accordingly waived. Plaintiff is therefore en...

Excerpt: ...e that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible to prove negligence or other wrongdoing" l; Bell v. Bayerische Motoren Werke Aktiengesellschaft (2010) 181 Cal.App.4th 1108 [Evidence that a person was insured against liability for another person's injury is irrelevant to both the question of liability and the amount of damages for neglige...

Excerpt: ...to Police Report No. 90-30042, are necessary and have substantial relevance to the legitimate need of Defendant to defend this action and Plaintiff to prosecute same. (CA ST FAM JUV Rule 5.552 (d)). The court hereby issues a protective order accompanying this authorized disclosure, discovery, or access according to the terms of the parties' proposed protective order. (CA ST FAM JUV Rule 5.552 (d)(8)). b) GRANTED. A record must not be filed under ...

Excerpt: ...al Interrogatories (Set One) on 12/12/22. Defendant's Moton to Compel Plaintiff's Responses to Special Interrogatories (Set One), is hereby granted. Defendant is accordingly hereby deemed to have waived all objections to same including those based on privilege and work product. (Cal. Civ Proc. 52030.290 (a)). Plaintiff is hereby ordered to provide full, complete, and verified responses to said Special Interrogatories, (Set One) without objections...

Excerpt: ...nd Second Amended Complaint to prevent the application of the Sham Pleading Doctrine against her. The Court therefore disregards the inconsistent allegations in Plaintiff's First and Second Amended Complaints. (Larson v. UHS of Rancho Springs, Inc., (2014) 230 cal. App. 4th 336, 343-344). The Court finds that even if said Sham Pleading Doctrine were not applicable, Plaintiff discovered, or through the use of reasonable diligence should have disco...

Excerpt: ... of litigation." (Hernandez v. City of Stockton, (2023) 90 Cal. App. 5th 1222, 1231) The Court also finds that a government tort claim need not contain the detail and specificity required of a pleading, but need only fairly describe what the entity is alleged to have done; the claims statute should not be applied to snare the unwary where its purpose has been satisfied. (Stockett v. Association of California Water Agencies Joint Powers Ins. Autho...

Excerpt: ...pre-emptive blanket order based on claims of attorney client privilege and or work product privilege. (Cal Code of Civ. Proc.S 2054.420, Nativi v. Deutsche Bank National Trust Co. (2014) Cal.App.4th 261, review denied). Accordingly, Plaintiff may proceed with the noticed depositions of Ms. Tudor and Mr. Kouba. Defendant may make any objections it deems necessary during said deposition. The Court declines to prohibit discovery of the documents req...

Excerpt: ... that the payment to the Class Representative and to the Class Members to be appropriate given all relevant factors of the settlement. The Court also finds the attorney's fees to be comparable to the award of fees generally issued by California Courts. The Court hereby grants final approval of the Class Acton Settlement herein. The class counsel, class representative and claims administrator are hereby approved and appointed as set forth in the m...

Excerpt: ...sition of liability. The traditional elements of duty, breach of duty, causation, and damages apply. (6 Witkin, Summary of Cal. Law (9th ed. 1988) Torts, S 838, p. 195, Marlene F. v. Affiliated Psychiatric Med. Clinic, Inc., (1989) 48 cal. 3d 583, 588). The Court finds that a cause of action for Negligent Infliction of Emotional Distress does not exist in this Damages for severe emotional distress, rather, are recoverable in a negligence action w...

Excerpt: ...s not prejudiced by said service. In the interests of equity, the Court holds such service valid. The Court finds that AB 218 (Code of Civil Procedure S 340.1) expressly exempts Plaintiff from complying with the claims presentation requirement of Government Code S 905. The Court further finds that AB 218 does not constitute an unconstitutional gift or appropriation of public funds, to the benefit of particular individuals based on an exception to...

Excerpt: ...s Inc. to Provide Responses to Special Interrogatories, and for an Award of Monetary Sanctions Against Defendant and Attorney; d) Plaintiff's Motion to Compel Defendant Brunk Industries Inc. to Provide Responses for Production of Documents, and for an Award of Monetary Sanctions Against Defendant and Attorney (a) GRANTED, unopposed. The Court finds that Defendant has entirely failed to respond to Plaintiff's Request for Form Interrogatories, (Gen...

Excerpt: ...ntiff regarding the sums claimed in respect of Agreement Nos. 4368/4193 and the total sum due on said agreements, the Court is inclined to GRANT the application on the basis that Plaintiff has established the requirements for issuance of a writ of possession and a turn over order against Defendant, subject to the filing of an undertaking. (Code Civ. Proc. 5512.060.) With regard to the issue of valuation as it pertains to the amount of the underta...

Excerpt: ...340.1 (a)(2) in respect of Plaintiff's alleged claims of sexual abuse by Defendants Calvin and William Shook that occurred after Plaintiff's alleged first report of sexual abuse to Defendant made around 1995 or thereabouts. Accordingly, Defendant's Demurrer to Plaintiff's Third and Fourth Causes of Action are hereby overruled. The Court further finds that Defendant has not pled sufficient facts to establish that Defendant was a mandatory reporter...

Excerpt: ...lity is required by law, court records are presumed to be open to the public (CRC 2.550(c)). Therefore, pleadings, evidence (including that obtained in discovery), and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. [CRC 2.551(a); see H.B. Fuller co. u Doe (2007) 151 cal.App.4th 879, 888]. Plaintiffs recently filed redacted versions of the relevant pleadings and evidence with th...

Excerpt: ...s for Payment Relief De IV LLC Motion to Compel Responses and Production of Documents; Request for Monetary Sanctions- GRANTED, in part, DENIED, in part, d) Defendant's, Fay Servicing LLC and Partners for Payment Relief De IV LLC Motion to Have Requests for Admission Deemed Admitted and Matters Deemed Genuine as Against Plaintiff; Request for Monetary Sanctions —GRANTED, in part, DENIED, in part, unop1H)sed. a) The Court finds that Plaintiff ha...

Excerpt: ...irs, representatives, executors, administrators, successors and assigns" of parties to said agreement, Almond Vista Healthcare Center may enforce said arbitration agreement against Plaintiff. The Court also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant's facility. Furthermore, the Court finds that...

Excerpt: ...ien on Wells, as required by Civil Code sections 8416(c)&(d). Thus, pursuant to Civil Code 8415(e), the lien is unenforceable as a matter of law. Also, pursuant to Civil Code section 8118, when notice is given by mail, the claimant's declaration of proof of service shall be accompanied by certain documentation, and the recorded proof of service fails to include this required documentation. Lisa Declaration, paragraphs 42 —46, and Weber Declarat...

Excerpt: ...s some "certainty" in Section provision of a hard and fast date for valuation of a company when the majority shareholders invoke the buyout process. However, the statute explicitly allows for an alternate (or deferred) date where the moving party can show "good cause." While it is true Plaintiffs "knew what they were doing" when they filed their lawsuit for involuntary dissolution in 2020 — i.e. knew that if the corporation agreed to dissolutio...

Excerpt: ...ds should be stated with clearness and precision so that nothing is left to surmise. (Bernstein v. Piller(1950) 98 Cal.App.2d 441). The Court finds that Plaintiffs have not stated with clarity and precision essential facts on which their claims rely. More specifically, the Court finds that Plaintiffs' complaint is replete with long, disjointed, rambling, confusing, ambiguous allegations which make it difficult to comprehend said complaint or resp...

Excerpt: ...est for Admissions propounded on 2/26/23. Defendant Hudson Insurance Company's request for an order deeming the truth of all ma
©ers speciÞed in Defendant's Request for Admissions, Set One is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents speciÞed in Defendant's Request for Admissions, Set One, is hereby deemed admi
©ed. (California Code of Civil Procedure §2033.280) Monetary sanc
Ÿons of $180 are a...

Excerpt: ...ating to Plaintiff's employment with and/or the cessation of employment with Defendants. Further, that Plaintiff's relationship with Defendant Penny Newman Grain is so intertwined with Plaintiff's relationship with Defendant Copper and Gold LLC that Defendants may rely on the doctrine of equitable estoppel to compel arbitration between Plaintiffs and Defendant Penny Newman Grain. The Court notes that Plaintiff, upon the Court's finding of a valid...

Excerpt: ...dice. The Court finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L....

Excerpt: ...rt finds that Plaintiff's Requests for Admissions, Nos. 1-3, 9-10 and 21 as currently phrased, justify the invocation by Defendant Fernandez of his 5TH Amendment privilege against self-incrimination and are not subject to discovery. The Court also finds that Defendant has established that "injurious disclosure could result" by showing a nexus between the information requested and the risk of criminal prosecution. (Siry Investment, L.P. v. Farkhon...

Excerpt: ... Production, Set One; Request for Sanctions; d) Plaintiff's Motion to Compel Further Responses to Form Interrogatories, Set One; Request for Sanctons a) GRANTED, conditionally and with limitations. The Court has reviewed and appreciates the respective supplemental declarations filed by counsel with regard to meet and confer efforts. The sole remaining dispute with respect to Defendant's motion to compel further production to Defendant's Demand fo...

Excerpt: ...and/or evidence to support this was only tendered in Defendant's Reply and references a declaration that was apparently never filed or served. (Reply, p. 8, In. 5-10 ["Declaration of Megan Tommasello"].) The Court believes that the present split of authority recognized by the California Supreme Court in granting review of Rodriguez v. FCA US LLC (2022) 77 cal.App.5th 209, review granted, cal.5th 295 Cal.Rptr. 351, may well depend on whether effec...

Excerpt: ...apposite. Likewise for the constructive filing upon receipt rule because what Plaintiff submitted could not have been filed as tendered and therefore required an entirely new filing, not simply compliance with a technical formatting issue. The same holds for Plaintiff's reliance on Code of Civil Procedure section 473, subdivision (d), since there was no "clerical mistake" in the entry of judgment, or renewal thereof, in the first place. Here, Pla...

Excerpt: ...at the final fairness hearing and final approval by this Court. The class counsel, class representative and claims administrator are hereby preliminarily approved and appointed as set forth in the moton. The Court sets the following deadlines relative to this matter: -23-23 efendant shall provide Class Information to Administrator -5-23 ministrator shall mail Class Notice to Class Members. -19-23 lass Deadline for Submission of Opt-out Notices or...

Excerpt: ...ion. The examination will be performed by Dr. Alex Huanphong Phan, MD. of Alpine Orthopedics in Stockton California, whose specialty is interventional pain management and by such assistants and colleagues as Dr. Phan may call upon to assist or to advise him in the examination. The examinaton will take place at 2488 N. California St„ Stockton, on June 27, 2023, beginning at 5pm and continuing for as long as is reasonably required but in no event...

Excerpt: ...ate determinant of good faith is whether the settlement is grossly disproportionate to what a reasonable person at the time of settlement would estimate the settlor's liability to be." (City of Grand Terrace v. superior court (1987) 192 cal.App.3d 1251, 1262.) The Court finds that Settling Defendant's application does not meet the requirements listed in Tech-Bilt Inc. v Woodward-Clyde Associates and does not proVde the Court with enough informati...

Excerpt: ...023. (California code of Civil Procedure "2025.280(a), 2025.410 and 2025.420). The Court also finds that Plaintiff made reasonable and good faith efforts to meet and confer with Defendant through Plaintiff's multiple inviting Defendant to meet and confer with Plaintiff, as well as the multiple extensions given to Defendant to respond to said meet and confer invitatons. The Court further finds that Plaintiffs request for testimony and d G„cument...

Excerpt: ... of relevant and admissible evidence with regard to Plaintiff's earnings, disciplinary matters substantially similar to those Defendant alleges were the basis for Plaintiffs termination in this case, and whether Plaintiff's separation from employment with the non-party deponent was voluntary or involuntary. The tme period for discoverable documents should be from start date to date of separation of employment. The motion to quash is therefore den...

Excerpt: ...fficient at the pleading stage to state the challenged causes of acton. In pleading, the essential facts on which a determination of the controversy depends should be stated with clearness and precision so that nothing is left to surmise. (Bernstein u Piner (1950) 98 Cal.App.2d 441). The Court finds that Plaintiff has not stated with clarity and precision essential facts on which a determination of the controversy depends such as the term of the ...

Excerpt: ...es to Plaintiffs Special Interrogatories, Set One; and for Monetary Sanctions— GRANTED, in part, DENIED, in part, unopposed. a) Plaintiff's request for an order establishing the truth of all facts and genuineness of all documents specified in Plaintiff's Request for Admissions, Set One against Dora Palominos is hereby granted. Accordingly, the truth of all facts and the genuineness of all documents specified in Plaintiff's Request for Admission...

Excerpt: .../or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,051.65; c) Plaintiff's Motion to Compel Responses to Request for Production of Documents, Set One against Defendant Budget Inn and Requests for Costs, Sanctions, and Attorney Fees against Defendant Budget Inn and/or its Counsel of Record The Law Office of Clark Hill LLP in the amount of $3,061.65; d) Plaintiff's Motion to have Request for Admissions, Set One, Deemed Ad...

Excerpt: ...itlement to judgment herein. (Code Civ. Proc. Specifically, Defendant has demonstrated, at a minimum, that Plaintiffs cannot establish the element of causation against the moving defendants herein. b) GRANTED, and unopposed Based on a review of the moving papers and supporting evidence, and in view of Plaintiffs' notice of non- opposition to the instant motion, the Court finds that Defendant, as the moving party, has met the burden of demonstrati...

Excerpt: ...uses of Action of Plaintiff's Complaint— GRANTED in part and DENIED; d) Plaintiff's Verified Application of Samuel A. Harding to Appear as Counsel Pro Hac Vice and Take Part in Case with Local Counsel —HEARING REQUIRED. a) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted in compliance with California Rules of Court, rule 9.40. b) The Application of Geordan Logan for admission as Counsel Pro Hac Vice is granted...

Excerpt: ... the basis of medical records now available to Plaintiff and submitted to the Court, that Plaintiff was admitted to Defendant Almond Vista Healthcare Center's facility on June 29, 2022, and that the arbitration agreement between the parties was dated June 29, 2022. The Court also finds that Plaintiff has clarified that his allegations of elder abuse, specifically, the allegations of the unnoticed development of maggots in Plaintiff's wound, arose...

Excerpt: ...without leave to amend on demurrer, or a motion for summary judgment, on the ground the complaint does not adequately raise that legal theory of liability. (Smith v. Wells Fargo Bank, N.A. (2005), 135 Cal.App.4th 1463, modified on denial of rehearing, review denied, on remand 2007 WL 5165852). Consequently, the Court finds that Plaintiff's failure to raise a Labor Code section 558.1 legal theory in his complaint is not fatal and is not a basis to...

Excerpt: ...s' withdrawal of this portion of their motion leaves only the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. at issue. As to the subpoenas to Patterson Nut Company, Inc. and Patterson Nut Marketing Company Inc. the Court GRANTS the Defendants' motion to compel responses, as modified to "all grower statements/invoices from 2011 to present evidencing the amounts charged to and paid by Stewart Ranches Partnership a...

Excerpt: ...party or Counsel may, but is not required to be physically present at the location of the deponent. (Cal. Civ. Proc. Code S 2025.310). The Court finds that Plaintiff's remote deposition will not inhibit Defendant's Counsel's ability to confer with Defendant in the course thereof or during breaks. The Court further finds, in light of Plaintiff's expressed concerns about Defendant's physical presence causing her anxiety and emotional distress, that...

Excerpt: ...egal duty, breach of that duty by the Defendant, and damages caused by the breach. Plaintiff's complaint fails to state facts sufficient to state the necessary elements of her presumed cause of action (or any cause of action). Additionally, a cause of action for personal injury accrues at the time of the injury. (Wassmann v. South Orange County Community College District (2018) 24 Cal.App.5th 825). A two-year limitations period applies to an acti...

Excerpt: ...regardless of their professional stand-ng, to carry out their custodial obligations. (Cal.Welf. & Inst.Code S 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011) "Recklessness" refers to a subjective state of culpability greater than simple negligence, which has been described as a "deliberate disregard" of the "high degree of probability" that an injury will occur (BAJI No. 12.7...

Excerpt: ... Discovery Referee— a) Plaintiff Harpreet Dhaliwal's Motion to Com#l Responses to Form Interrogatories, Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee being appointed by the Court on this date. b) Plaintiff Harpreet Dhaliwal's Motion to Compel Responses to Requests for Production of Set One, From Defendant Matthew Bradford — REFERRED to the discovery referee appointed by the Court on this date. c) Plaintiff Har...

Excerpt: ...Dunes. Although Hisun settled with plaintiffs, Hisun remains a party to the action by virtue of its cross-complaint against L&K, as well as L&K's cross-complaint against Hisun. Before the Court this day is the continued hearing on Hisun's motion to “sever” (more accurately, to bifurcate) the cross- complaints. Bifurcation services two principal purposes: first, to prevent a waste of time and money resulting from a trial of unnecessary issues;...

Excerpt: ...the action.” (California Code of Civil Procedure, 2024.020). The Court also finds, on the basis of the supporting and opposing declarations, that Plaintiffs have not established there is a substantial probability they will prevail on their punitive damages claims. (California Code of Civil Procedure Sections 3294 & 3295). The Court further finds Defendant's financial records are publicly available. Plus, in conjunction with said publicly availa...

Excerpt: ...y the judge, issues of fact shall be tried to the jury. Code of Civil Procedure section 592. Plaintiffs seek to bifurcate what they describe as issues of law – however, in reality what Plaintiffs seek to bifurcate are mixed issues of fact and law. Additionally, as noted by Defendant in its opposition, the issue of whether Defendant's pre-litigation offer was “sufficient” is not a “defense” in this mater – rather it is an essential ele...

Excerpt: ...tion of the State Route 108/North County Corridor Phase 1 Project, and all uses necessary, incidental and convenient thereto. However, the Court finds that at this time, the balance of hardship weighs in Defendant's favor as the Relocation Assistance Program has not effectively discharged its obligations to “assure that the unique circumstances of any displaced person are taken into account” and to “assure that a person shall not be require...

Excerpt: ...standing, to carry out their custodial obligations. (Cal.Welf. & Inst.Code § 15610.57(b), Carter v. Prime Healthcare Paradise Valley LLC, (2011), 198 Cal. App. 4th 396, as modified (Aug. 24, 2011). Neglect includes failure to assist in the provision of food and to protect from health and safety hazards. (CACI 3103, Welfare & Institutions Code § 15610.57). “Recklessness” refers to a subjective state of culpability greater than simple neglige...

Excerpt: ... the burden of demonstrating (1) an arbitration agreement covering the controversy, (2) a demand for arbitration consistent therewith, and (3) a refusal by the other party to arbitrate. The burden rests with the party seeking to compel arbitration to establish these three prerequisites by a preponderance of the evidence. Sandquist v. Lebo Automotive, Inc. (2016) 1 Cal.5th 233, 244; Martinez v. BaronHR, Inc. (2020) 51 Cal.App.5th 962, 967. The Cou...

Excerpt: ... composed of accounts receivable in the sum of $703,938. Plaintiffs also seek to levy Defendant's bank accounts. Defendant's accounts receivable and bank accounts are not subject to a writ of possession. An application for a writ of possession “shall include a particular description of the property and a statement of its value”. (Code of Civil Procedure § 512.010). The Court finds that some items sought to be levied against are not listed wi...

Excerpt: ...eks summary adjudication as to the following issues: 1. Petitioners' claim that Mr. Fischer has not filed the accounting as ordered by the Court; 2. Petitioners' claim that Mr. Fischer has not complied with the March 3, 2020 Order appointing him as successor trustee and has not filed any response to the Motion to Tax Costs; 3. Petitioners' claim that Mr. Fischer, in spite of having acknowledged service as a defendant in Case No. PR-19-000546, has...

Excerpt: ...ties as a going concern are all issues that are only relevant under Corporations Code 2000. The Court further finds that to date, Defendants have not invoked their right to purchase Plaintiff's shares under said Corporations Code thereby rendering any expert witness testimony relating to the fair value/valuation of the Stuart and Jasper Orchards properties or of the possibility of selling off the Stuart and Jasper Orchards properties as a going c...

Excerpt: ...ts were provided by percipient witnesses two (2) years ago about incidents that occurred 30 years ago and there is significant potential for such statements to be used as impeachment evidence. Accordingly, the Court hereby grants Defendant's request that Plaintiff respond further to the Defendant's request for production by producing the ten (10) witness statements. The witness statements are to be produced to Defendant's Counsel within (10) ten ...

Excerpt: ...also finds that the arbitration agreement entered into by the parties is not unconscionable as Plaintiff was not required to sign said arbitration agreement as a condition of being admitted to Defendant's facility. Furthermore, the Court finds that said arbitration agreement demonstrates a modicum of bilaterality. (Little v. Auto Stiegler, Inc., (2003) 29 Cal. 4th 1064) The new issues and evidence raised in Defendant's reply will not be considere...