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...