Excerpt: ...LED. (Complaint at ¶ 15.) Plaintiff was performing the work at the CVC facility undertaken SolarLED. (Complaint at ¶¶ 14, 16.) Plaintiff was injured while performing the work within the course and scope of his employment with SolarLED. (Defendant's Undisputed Material Facts (“UMF”) # 3 [based on Plaintiff's verified Responses to Special Interrogatories, Set One, No. 3] and undisputed by Plaintiff.) The scope of the work undertaken by Solar...

Excerpt: ...rent outcome. Plaintiff alleges that she was subject to emotional distress to learning of the treatment of her son and being unable to remove him. This does not constitute intentional infliction of emotional distress when she was not present for the adverse events. Plaintiff further alleges three specific events that she says constitute intentional infliction of emotional distress: 1. The arrest by the police. 2. A telephone call in which the cal...

Excerpt: ...n which CCP section 128.7 is based applies only when an entire pleading is frivolous, not when one sub-part is baseless. Plaintiff has provided no specific evidence of what additional costs will be incurred if affirmative defenses 1-5, 7-8, 10- 16, 18-21, 23-28, 31-38, and 40 are pursued. There is also no evidence the affirmative defenses lacked factual support at the time the Answer was filed. If this sort of piecemeal motion were permissible, a...

Excerpt: ... and to the opposition show that while defense counsel originally offered that both parties' discovery dispute be resolved simultaneously, Plaintiff's counsel declined. Thereafter, the extensions of time to file a motion to compel were expressly limited to Plaintiff's deadline to file such a motion(s) against Defendant(s). Both parties affirmatively identified such express limitation in January 2021. The deadline for Defendant to file the instant...

Excerpt: ...address reasonably known to Plaintiff. This new evidence appears to perhaps go to actual knowledge, which the Court did not, and does not, believe is relevant. Plaintiff further claims that “Despite clear notice of her intent to provide evidence at the hearing, the Court neither permitted Plaintiff's testimony nor her additional documentary evidence to be considered, nor did the Court grant a continuance to allow full hearing on the matter with...

Excerpt: ...viously awarded $395 an hour to Davis Boat's counsel for its trial court attorney fees (exs. 5 and 9), Davis Boat requests the same $395 per hour for its appellate counsel's work.” Marshall Cole's Declaration in Support of the Motion for Attorney's Fees after the jury trial, filed March 10, 2020, identifies $385 per hour as the rate this Court awarded to lead counsel. Additionally, Exhibit 3 to Mark Schaeffer's Declaration estimates 10 (ten) ad...

Excerpt: ...acts. The Court has considered the following Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488 factors: 1. The amount in question operates as a relatively small percentage of the claimed damages. Walsh & Simmons' argument regarding lost income appears sound, but special and general damages remain substantial. Nonetheless, it is unclear what liability there is or what the chances of success are at trial. The supplemental filings ...

Excerpt: ... property in the separate statement. This view appears mistaken. An allegation of interference with the property is not the same as an allegation of full conversion. 2. Plaintiff contends that the quiet title action would not affect easements. In fact, quiet title is often used against adverse easement claims. (See: Hansen v. Sandridge Partners, L.P. (2018) 22 Cal.App.5th 1020, 1033-1034: quiet title judgment for prescriptive easement establishes...

Excerpt: ...ials.” The documents to be produced pursuant to the subpoenas are otherwise to be produced with the following modifications: Report cards, student transcripts, scholastic testing records, and teacher comment cards are limited to January 1, 2015 through the present. Office visits, disciplinary records, absence records, incident reports, medical records, and counseling evaluations are limited in scope to the same extent the parties have already a...

Excerpt: ...ers 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, and 53 are GRANTED. Responses and production, if any, are due served within 20 days of the signed order. Request for Production numbers 17, 18, 29, 30, 31, 32, 50, 51, and 52 are DENIED. These requests seek documents protected from disclosure based on the taxpayer privilege and third-party constitutional rights to privacy. (Cal. Const.,...

Excerpt: ...s filed in bad faith or for the purposes of harassment. Bad faith is “only” found if it is demonstrate that the pleading was filed due to “the conscious doing of wrong because of dishonest purpose or moral obliquity…it contemplates a state of mind affirmatively operating with furtive design or ill will.” (United States v. Manchester Farming Partnership (9th Cir. 2003) 315 F.3d 1176, 1183.) The issue of standing appeared to be treated as...

Excerpt: ...much smaller incursion toward the rear of the property. The location and degree of incursion are represented on a map prepared by Plaintiff. Defendants engage in some regular use of the subject property. The Court, in order to impose summary judgment on the Quiet Title action, would have to rule on the easement issues which are likely to involve literal line-drawing. For the reasons outlined below, there remain contestable issues of fact on both ...

Excerpt: ... at deposition is GRANTED as to Requests 2 through 6 and DENIED, without prejudice, as to Request 1. 3. Defendants' objections to the document request are OVERRULED as to Requests 2 through 6 and SUSTAINED as to Request 1. 4. It appears no issues remain as to the prior motions. As to the deposition, it appears that Defendant has offered deposition dates and Plaintiff has not chosen to go forward pending the motions to compel documents. Unless Def...

Excerpt: ...t Pacifica Senior Living Management LLC; Request for Sanctions in the Amount of $1,660.00; d) Plaintiffs' Motion to Compel Responses to Interrogatories from Defendant St Pauls Modesto, LP; Request for Sanctions in the Amount of $1,660.00; e) Plaintiffs' Motion to Compel Responses to Interrogatories from Defendant St Pauls Way, LLC; Request for Sanctions in the Amount of $1,660.00; f) Plaintiffs' Motion to Compel Responses to Interrogatories from ...

Excerpt: ...fees order is void. Plaintiff appears to wish to elect to retain the remaining award, but is entitled to reject the remaining award with the provision that the default will be set aside. Thus, unless Plaintiff elects to essentially restart the case, the court will enter an amended default judgment of $13,649.38. The court denies attorneys' fees on the instant motion. Rationale: Here, the defaults were entered in January of 2020 but Defendants' mo...

Excerpt: ...unauthorized, the Court could simply strike the pleading. However, it appears that the amended complaint at least partially addresses the issues Defendant raises. Moreover, Defendant's demurrer and motion to strike omitted controlling authority that public entity liability for statutory or constitutional claims outside the TCA are not subject to the claim presentation requirement. (See, i.e., Civ. Code, §§ 3479-3503 [nuisance], Nestle v. City o...

Excerpt: ... sustained with leave to amend. Accordingly, the general demurrer is moot and need not be addressed. Defendant Yasini shall be given thirty (30) days leave to file a first amended answer as follows: first, all affirmative defenses shall be separately numbered, with one title for each defense; second, regarding the statute of limitations, Defendant shall either cite the particular statutory section and, if applicable, the particular subdivision, w...

Excerpt: ... is therefore untimely even in the absence of formal opposition. (Code Civ. Proc., § 435(b); Cal. Rules of Ct., rule 3.1322(b); Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial (TRG 2021) Ch. 7(I)-B, § 7:166.1 [Presumably, because a motion to strike and a demurrer must be brought at the same time, a motion to strike must be filed within 10 days after service of the answer].) If the motion were timely filed, the Court would be inclined to d...

Excerpt: ...ry is overdue, but claim that a combination of circumstances from clerical error to pandemic-related quarantine delayed timely responses. Defendants do not, however, address why appropriate extensions were not first requested and, if not forthcoming, why leave of court was not sought to extend the deadlines, as provided in the Civil Discovery Act. While the Court notes Defendants' claim that compliant responses will be provided, Plaintiffs' Reply...

Excerpt: ...r is continued to coincide with the Motion to Compel Deposition of PMK. The Court finds that the meet and confer efforts on both sides were insufficient. Counsel are therefore ordered to revisit this dispute in an effort to resolve it in good faith, keeping in mind the following parameters: first, the Court does not consider that any of the requests at issue are outside the broad scope of civil discovery; second, an objection that a request is va...

Excerpt: ... Plaintiffs. The question is whether under these unusual circumstances, the “determinations” to be made are those interpreted by the contract. The broad language of the contract appears to intend for arbitration to be inclusive. Plaintiffs have filed an arbitration demand pursuant to Section 20 of the policy to resolve disputes over six specific determinations by NAU. Once those determinations are made, the parties may return for further proc...

Excerpt: ...bitration initially now constitutes a waiver of any opposition in this proceeding is unnecessary for decision because the relevance of Plaintiffs' pre-litigation demand for arbitration is that it removes any dispute over the existence and bilateral nature of the contractual provisions. Thus, the key issue is whether the claims raised in Plaintiffs' First Amended Complaint arise out of and are subject to said arbitration provisions. The Court find...

Excerpt: ...party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state or local agency.” (Bixby v. Pierno (1971) 4 Cal.3d 130, 137) In reviewing administrative proceedings under section 1094.5 that do not affect a fundamental right, such as an attempt to obtain a license to engage in a profession or business, the trial court reviews the whole administrative record to determine whether the findings are ...

Excerpt: ...action is hereby stayed pending conclusion of arbitration proceedings. (Code Civ. Proc., § 1284.1.) b) It is well-settled and not disputed in this motion that any PAGA claims raised by Plaintiff in the case at bar are not subject to contractual waiver by a binding arbitration agreement or otherwise. (Iskanian v. CLS Trans. Los Angeles (2014) 59 Cal.4th 348; of ZB, N.A. v. Superior Court (2019) 8 Cal.5th 175, 181-182.) Rather, the dispute is whet...

Excerpt: ...rder Deeming Admitted Truth of Facts against Cecil Mata and Request for Sanctions; d) Defendant's Motion to Compel Responses of Plaintiff Cecil Mata to Request for Production of Documents and Request for Sanctions; e) Defendant's Motion to Compel Responses of Plaintiff Cecil Mata to Request Special Interrogatories and Request for Sanctions – Motions (a - (e — HEARING REQUIRED. The Court's current inclination is to grant all motions to compel,...