Excerpt: ...ona slant as the original moton Boilerplate usage should be clearly case related. Use of ALL CAPS is strongly disfavored. Bolded portions should be bolded for a reason. The Court intends to rule on the matter despite the late filing of the meet-and-confer letter. The Defendant's internal records are suggested to be a proper record for judicial notce. However, there is no evidence provided that the records do not reflect a claim being made. This r...

Excerpt: ...t for production was served by electronic means on Friday, March 24, 2023. Powers Declaration, paragraph 4. Plaintiff's responses to the requests were received on April 25, 2023. Powers Declaration, paragraph 5. Pursuant to Code Civ. Proc. S 2031.260(a), responses were due 30 days after service. Pursuant to Code Civ. Proc. S any right or duty to make any response within any period after the service of the document, which time period or date is pr...

Excerpt: ...arch 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10, 11 and 14. How...

Excerpt: ... personal jurisdiction, the default judgment is void; such a judgment can be challenged at any time. (CCP S 473(d); Strathva/e Holdings v. E.B.H. (2005) 126 Cal.App.4th 1241, 1249.) Where a defendant challenges the court's personal jurisdiction on the ground of improper service, the burden is on the plaintiff to prove the existence of jurisdiction due to effective service. (Summers v. McClanahan (2006) 140 Cal.App.4tH 403, 413.) However, a filed ...

Excerpt: ...6 concerning incidences of Covid- 19 infections during August, September, October, November, and December of 2020, and January of 2021, with all patient information, relative information, or other identifying information redacted from the documents. Defendant is also ordered to produce, by no later than July 12, 2023, all documents responsive to Request No. 7 sent to governmental authorities regarding incidences of Covid-19 infections in August, ...

Excerpt: ...e Civ. Proc. S 430.41 A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. SKF Farms v. superior court (1984) 153 cal.App.3d 902, 905. Defendant states that the Complaint exceeds the three-year statute of limitations, but defendant does not cite to a specific statute in support of this assertion that a three-yea...

Excerpt: ...overy requests as one involved with the events at issue in the subject lawsuit. The Munoz declaration is facially defective as it does not contain either the location of the signing nor the words "under the laws of the state of California," and is therefore stricken. Nonetheless, the Court has questions, especially to determine if sanctions are appropriate. b) HEARING REQUIRED. The Court has the concerns raised above and knows of no authority tha...

Excerpt: ...ong period of tme and there is some inference that they were coordinated. Additionally, the alleged statements by both named Ruijssenaars indicate some knowledge regarding the ongoing issues and the persons responsible. The Court rejects the argument that Ms. Ruijssenaars was the parent of Does 1-50, as this is not pled. As to the Eighth Cause of Action, the Court independently raises its own concerns that injunctive relief is not a cause of acti...

Excerpt: ...udge Begen on March 24, 1999, as Exhibit A to the Complaint. Plaintiff's conclusion that this judgment vacated his 1996 conviction is not accurate. Complaint, paragraph 10. The judgment terminated Plaintiff's probation and converted the original restitution order of $46,993.00 toa civil judgment. Complaint, Exhibit A. Plaintiff alleges that defendants' actions in garnishing his bank account caused him emotional distress. Complaint, paragraphs 10,...

Excerpt: ...efendant correctly points out some errors in the Court's earlier calculations. The Court does not believe it has authority to correct the judgment at this stage, as Defendant correctly observes. (a) The Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service of a copy of the file-stamped judgment did not specify that it was performed by order of the court or purs...

Excerpt: ...fs, to be paid by Cashman Creek Ranch LLC and Longstreth to plaintiffs' counsel Keric Cushing if Defendants accept this ruling. Otherwise, Defendants will be given additional time to respond to Plaintiff's late-filed detailed records. Plaintiffs' Request for Judicial Notice is GRANTED. Civil Code S 1717(a) provides in pertinent part that in any action on a contract, where the contract specifically provides that attorney's fees and costs, which ar...

Excerpt: ...s, Defendant was in possession of the full report. At the last hearing the Court attempted to discern why the initial report sent from Plaintiff's law firm was incomplete in a manner which led Defendants to err in their appraisal of the situation. Defendants also explained to the Court's satisfaction why the Defendant's representatives signed off on the prior admissions. Code Civ. Proc. S 2033.300 prov-des a safe harbor when the admission was the...

Excerpt: ...ferences for arbitration. (See: St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal. 4th 1187, 1195; and Engal/a v. Permanente Medical Group, Inc. (1997) 5 cal. 951, 971-972.) But the Court enforces only the "Applicant Statement and Agreement," which contains a PAGA carve-out. The alleged superseding clause in one of the other agreements can't overcome a separate agreement made at the same tme. The Applicant Statement and Agreement...

Excerpt: ... declarations prov-ded by Defendants authenticate the pictures themselves. OVERRULED. SUSTAINED. OVERRULED. OVERRULED. SUSTAINED as to the "I am informed and believe" statement only. OVERRULED. see number 2. SUSTAINED. Defendants Evidentiary Objections to the Declaration of Lori Sicard: 2. 3. 4. 5. SUSTAINED. OVERRULED. The reason for the delay in pursuing the matter has raised. OVERRULED. See below. The parties raise issues in a manner that is u...

Excerpt: ..., and as to costs the Motion is ruled on under the Court's Tentative Ruling on Carol Sue Hamilton's Motion to Tax Costs. Ms. Hamilton claims that Ms. DiFazio lacks standing to file the Motion because at the time the Mohon was filed Ms. Hamilton was only the proposed administrator. However, Probate Code Section 850 petitions may be brought by any interested person, and in any event now that Ms. DiFazio has been appointed as administrator she certa...

Excerpt: ...ithin the standard of care. Doctors Medical Center of Modesto, Inc. has filed a Motion to Compel plaintiff Bernadette Davoud to Respond to Supplemental Interrogatories, Set One, and a Motion to Compel plaintiff Bernadette Davoud to Respond to Supplemental Request for Production of Documents, Set One, both of which are set to be heard on May 3, 2023, in Department 22. The Court takes both of these motions OFF-CALENDAR as being moot due to the Cour...

Excerpt: ...ns and portions of the Tenth Cause of Action for Unfair Business Practices which reference other similarly-situated employees and the general public, on the grounds that the allegations are irrelevant and improper. Punitive Damages Plaintiff agrees that he cannot recover punitive damages for his wage claims (the first, second, third and fourth causes of action) or for his tenth cause of action for unfair businesses practices. Civil Code S 3294 se...

Excerpt: ...3, 447, fn2; Rule of Court 8.1115.) The reference to "this Court" and the same agreement caused me to look up the trial case; it was a different judge who did so. These rules are in place because it is not persuasive authority for an unpublished case of any stripe unless it falls under one of one of the narrow exceptions. This is not one of them. under the judicial canons, I am not to be swayed by citations to common practice or other judges' rul...

Excerpt: ...tes that the excess length of Plaintiff's motion is relatively insubstantial and chooses not to issue sanctons for that or other violations. Plaintiff is cautioned to review the Rules of Court. The Court is limited to the sanctions requested by the motion, and Defendant Derek Taylor Sr. has met the Court's and counsel's patience with failures to perform basic functions. The Court anticipates those issues raised in the reply brief will be remedied...

Excerpt: ... those questions; the Court will accept oral argument at the May 3 hearing on any issue. (a) As a preliminary matter, the Court finds that Plaintiff's cost memorandum was timely submitted. (Cal. Rules of Ct., rule 3.1700(a)(1).) Specifically, the clerk's service ofa copy of the file-stamped judgment did not specify that it was performed by order of the court or pursuant to Code Civ. Proc. 5664.5; therefore, the same did not constitute notice of e...

Excerpt: ... habit are to award attorney fees only when some element of bad faith is present; I do not want to, for instance, award attorney fees to a respondent where the evidence was simply insufficient to meet the clear and convincing burden. Here, Petitioner failed to note the existence of case FL-23-220, which she now concedes was part of the motive to seek this restraining order. This order was sought to contravene Judge Mumford's order in the other ca...

Excerpt: ...ched to the moving papers. The Court notes that Plaintiff's choice to refer to this as "an unprecedented injustice," does not clarify the geographic or temporal limits of "unprecedented" and invites Plaintiff to explain its position further. Plaintiff was uncareful in its submissions and the Court has questions as to exactly what has occurred. It does not appear to the Court that its clerical staff made any errors....

Excerpt: ... 2023, seeking a total of $6,825.50 in costs: $1,ff9.50 for trial court costs, and $5,155.90 for appellate costs. Mr. Limon timely filed a Motion to Tax Costs. Circle K claims costs of $4,716.70 under Item No. 6 of the Memorandum of Costs on Appeal for transmitting, filing, and serving of record, briefs, and other papers. See Stiller Declaration, Exhibit B, Memorandum of Costs on Appeal. Mr. Limon is challenging $4,489.20 of these costs as unreco...

Excerpt: ...on v. Mohamad, case No. CV-22-00032. The Court views it as likely that it will DENY the motion and stay the Hodgson case. The Court is somewhat confused in that all of the pleading reference a jury trial. However, demands for specific performance are not entitled to a jury (See: Darbun Enterprises v. San Fernando Community Hospital (2015) 239 cal.App.4± 399.) If Khan is successful, Hodgson would have a right to have the remainder of the case hea...

Excerpt: ...SUSTAINED. The assertions are vague as to the manner in which this was received. Objection 4: The Foundational objection is SUSTAINED. The Court notes that the declaration asserts without evidence that this is a picture prior to the breaking of the dial. Plaintiff has demonstrated Mr. Buske's status as a retained consultant to Plaintiff's counsel prior to the designation of experts in the matter. Therefore, Defendants' right to obtain discovery f...