Excerpt: ...Petitioner personally asserts that "l also believe that the ALJ was biased against me because she did not consider any of my evidence, but just accepted everything the accusers said." PROCEDURAL SUMMARY Petitioner operates a day care with one regular long-term employee, Kelly Buttram. Respondent intended to revoke her day care license, and a hearing was held in front of Administrative Law Judge Karen Reichmann on June 21 and June 22 of 2023. Judg...

Excerpt: ...nes and limitations should be placed? The Court will not continue this case again. Plaintiff gives a more substantially complete recitation of the procedural history. Defense expert Dr. Pereira examined Plaintiff on January 14, 2022 and issued a report on January 26, 2022, asserting expertise on Chronic Regional Pain Syndrome (CRPS) and asserting that Plaintiff likely did not suffer this condition. Plaintiff's expert, Dr. Ol_aughlin, examined Pla...

Excerpt: ...card by Plaintiff. (UMF 1.) Plaintiff sent Defendant a credit card with a copy of the customer agreement. (UMF 2.) under the terms set forth in the customer agreement, Defendant manifested his assent to the contract when he used the card. (UMF 3.) Pursuant to the terms of the customer agreement, Plaintiff extended credit to Defendant whereby Defendant could charge for goods or services or obtain cash advances. (UMF 4.) In exchange, Defendant was ...

Excerpt: ...inal fairness hearing and subject to final approval by this Court. Defendant's objection to Exhibit 5 attached to the 11/16/23 Mallison Declaration is OVERRULED, and the request to strike is DENIED. This is Plaintiff Kristeena Tinnin's own mediation brief, and Defendant failed to highlight any of its own confidential information in the document. Defendant therefore has no standing to object to the public filing of the brief. Defendant asserts tha...

Excerpt: ...ery and all objections have been waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Petitioner is entitled to an order compelling Mr. Joefield to prov-de answers, without objection, to the subject discovery within 30 days. (Code Civ. Proc. S 2030.290(b).) (b) The Court finds that Real Party in Interest has entirely failed to respond to the subject discovery and all objections have been waived (Code Civ. Proc. S 2031.300(a).) Therefore, Petitione...

Excerpt: ...aintiff Eileen Duarte filed a complaint for "reformation of deeds, cancellation of deeds and declaratory relief." Eileen alleges in the complaint that she is the sole trustee of the Duarte 1993 Trust, created by Joe and Mary Duarte. Eileen is one of Joe and Mary's three children — the other two are her sisters Defendants Irene (Duarte) Nelson and Kathleen (Duarte) Elliott. During Joe and Mary's lifetime, they transferred three parcels of proper...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...aises issues with regard to the state of the administrative record. The Court currently believes an "unofficial" transcript is likely to be sufficient but expects to give Respondent tme to review it for accuracy. The Court further anticipates permitting tme for a sur-reply rather than automatically striking the reply. Therefore, the Court is unlikely to be able to consider the merits of the writ petition and expects to contnue the hearing to a fu...

Excerpt: ...ch appears to include issues the Court has already resolved. Terry says the Court has no discretion to do anything other than grant her motion. She is wrong. First, she says that under Marriage of Woolsey (2013) 220 Cal.App.4th 881 at 898, the permissive "may" in S 664.6 becomes a "shall," if the Court finds the settlement enforceable. The Court was unable to find this language and is unconvinced. But more to the point, the Court has already foun...

Excerpt: ... to contain contract specifics inclusive of the date renders the complaint fatally vague. Second, the failure to allege a contractor's license causes the complaint to fail as currently pled. (See Phoenix Mechanical Pipeline, Inc. v. Space Exploration Technologies (2017) 12 Cal.App.5th 842.) The Court is skeptical that expert testimony is necessary. Plaintiff's contenton that the contractor's license is necessary is not supported by the Space X ca...

Excerpt: ...dly injured in the accident and the timeframe for the medical records to 15 years before the date of the accident. The request for a protective order is DENIED, as the specifics of a protective order were not addressed in the motion. If counsel wish to agree on a protective order, the Court is likely to enter one. The Court views the limitation at 15 years and the body parts involved as sufficient given the facts of the case. The initial request ...

Excerpt: ...Production of Documents; Request for Sanctons— GRANTED, and a) The Court finds that Plaintiff entirely failed to to the subject discovery and all objections are waived. (Code Civ. Proc. S 2030.290(a).) Therefore, Defendants are entitled to an order compelling Plaintiff to provide verified responses, without objection, within 14 days. (Code Civ. Proc. S 2030.290(b).) The Court further finds that Defendants are entitled to an award of monetary sa...

Excerpt: ... the arbitration proceedings. The representative claims in the class action complaint are dismissed. Both the individual and representative portions of the PAGA complaint are stayed pending arbitration. a) Defendant contends that California law is pre-empted in these complaints by the Federal Arbitration Act ("FAA"). Plaintiff does not dispute Defendant's contention that it is engaged in interstate commerce within the meaning of the FAA and thus ...

Excerpt: ...pt sanctions. As to the discovery dispute, the Court intends to grant Plaintiff's remaining requests in full. Plaintiff's requests for the search terms seems entirely reasonable, and the other requests for responsive documents appears to have been met with non-responsive additions. The Court does not issue discovery sanctons in this case, as meet and confer efforts prior to the initial hearing date were insuffcient. Importantly, Defendant argues ...

Excerpt: ...6) 44 Cal.App.4th 194, the existence of a valid written contract renders invalid claims of unjust enrichment or implied-in-fact contract. Because of this, it is unclear which specific theory Plaintiff is electing. The Court finds that the pleading fails to allege conduct beyond the failure to pay the subject rebates as promised; therefore, the present allegations do not support the Cause of Action for Breach of the Implied Covenant of Good Faith ...

Excerpt: ...Sur-Reply below. Rulings on Defendants' objections: 2. 3. 4. OVERRULED. This is a bare assertion. SUSTAINED. OVERRULED. OVERRULED. The Court has two motions before it: One is styled as a Motion to Compel Defendants' Responses to Plaintiff's Special Interrogatories, Set One, and the other as a Motion to Compel Defendants' Responses to Plaintiff's Request for Documents, Set One, both filed October 18, 2023 (all dates are in 2023). Neither motion ha...

Excerpt: ...quest, itemize the deductions. The Court "shall" make whole Plaintiff and his counsel. The Court finds the rates cited as reasonable and notes that Plaintiff's counsel appears to have not contributed adversely to the substantial delay this case has suffered. This amount is to be paid within 30 days. The Court further issues a $750 penalty payable to the Court under Code Civ. Proc. S 473(c)(1)(A). This matter has taken more of the Court's time tha...

Excerpt: ...-8: OVERRULED. It is not entirely clear that these statements are based on direct knowledge, but the Court assumes they are. Objection 9: OVERRULED. The Court takes this as a statement of opinion. Objection 10: SUSTAINED. Plaintiff Bettencourt filed a Complaint in this action on July 6, 2021, alleging negligence by various defendants including Fletcher K and Escalera (UMF 1-2.). Plaintiff alleged that she tripped on a bush stump. (UMF 3). Fletche...

Excerpt: ... adjacent to Alcantar's property, and it is disputed whether Alcantar had responsibility for the sidewalk. After he was sued, it was determined that the insurance company was not paid via the accounts. As to the Third Cause of Acton for Negligence, Cenlar's strongest argument is the economic loss rule. But as noted in Southern California Gas Leak Cases (2019) 7 Cal. 5th 391, the primary exception to the general rule of no-recovery for negligently...

Excerpt: ...nably entitled to $24,756 in attorney's fees, $3258.33 in costs and $760 in unpaid sanctions awarded by the Court on 3/8/23. (Nightingale v. Hyundai Motor America (1994) 31 cal.App.4th 99, 104) b) As a general rule, the Court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Danko v. O'Reilly (2014) 232 Cal. App. 4th 732, Cade Civ. Proc. S 187.) Furthermore, Code of Civil Procedure S 187 which g...

Excerpt: ...sk Manager to "accept, negotiate, settle and pay general liability and worker's compensation claims up to" and respectively, whereas Plaintiffs claim notice was for The Court therefore finds that said Human Resources Director and Risk Manager were not authorized to reject Plaintiff's claim. The Court accordingly finds the rejection emanating from the City of Modesto dated 5/12/22 to be invalid and ineffective. Accordingly, Defendant's demurrer to...

Excerpt: ...mages The Court grants the MS] on the following -ssues: Issue 5: Discrimination. Issue 6: Retaliation. PROCEDURAL ISSUES: The language and numbering of the issues is not exactly parallel in the notice of moton and the separate statement. As such, the Court has the discretion to deny the moton on that basis. The Court declines to do so. EVIDENTIARY ISSUES: Plaintiff's objections to Defendant's evidence: 1-3: Overruled. These objections go toward w...

Excerpt: ...ly. The Court finds that there is no excusable neglect, which is the only grounds cited in the Notice of Moton or Motion itself. Further, there was no Answer attached to the motion, which renders the Court without authority to proceed. The Court cannot rule on the motion effectively made in the reply brief without giving Plaintiff an opportunity to respond, which is one option. If Plaintiff elects to have the motion for mandatory relief heard wai...

Excerpt: ... neurological examination." It then lists some issues the doctor will check and concludes that he will do other medically necessary tests. This is facially deficient. The Court considers the assertions raised first in the reply brief only to note that this still isn't sufficient. code Civ. Proc. SS 2032.220(c), 2032.320(d), and carpenter v. superior court (2006) 141 cal.App.4± 249, 260 outline the requirement to specify the procedures in detail,...

Excerpt: ...Court is unpersuaded that conversations prior to the filing of the complaint about the dispute are sufficient to give actual notice of the lawsuit. As Plaintiff concedes, the request for relief under S 473.5 is timely. Defendant asserts that he was not given actual notice despite multiple mailings and efforts to contact him. The assertion of lack of knowledge is unconditional. Sanctions are only available under S 473, and not S 473.5. In this cas...