Excerpt: ...ally: The Court notes that the October 2020 demurrer involved John Doe's allegations while the May 2021 and instant ruling pertains to Ms. Miramontes, who is in a different position and therefore, results in a different outcome. The Fourth Amended Complaint added allegations pertaining to what Ms. Miramontes learned about John Doe's treatment. This still does not constituted intentional infliction of emotional distress when she was not present fo...

Excerpt: ...upported by facts and evidence, albeit disputed. Both experts stated their opinions were “within a reasonable degree of medical certainty [or probability].” Both experts cited the standard of care. The Court has discretion to consider Plaintiff's additional brief discussing the failure to address UMF 22. Plaintiff is correct that the Court has discretion to consider the overlooked issue, despite its importance to the case. (Leep v. Am. Ship M...

Excerpt: ... was a car provider which was involved in renting cars to people, inclusive of acting as a middleman between individuals who owned GM cars and persons wishing to rent them. In this case, Maven rented out a car owned by a different General Motors subsidiary, GCar Titling Limited. Maven provided a car to Logan Shapiro in exchange for a fee. Shapiro got in a collision, injuring Plaintiff, who was in another vehicle. For the purposes of this motion, ...

Excerpt: ...UMF 3.) Plaintiff sustained serious burn injuries when he picked up the burning frying pan with his bare hands and took the pan outside. Plaintiff's Complaint alleges two causes of action against moving defendants: general negligence, and premises liability. Premises liability is a specific form of negligence: the owner of premises is under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to a...

Excerpt: ...is reviewed de novo. (Gerwig v. Gordon (2021) 61 Cal.App.5th 59.) The Court addresses the legal contentions first. Petitioner's Objection to Mr. Keokot's Testimony on the Second Blood Test is SUSTAINED. The same objection was raised at the administrative hearing and overruled. The Hearing Officer's ruling was a harmless error. In Borger v. DMV (2011) 192 Cal.App.4th 1118, the Court held that testimony that a blood-alcohol testing instrument with ...

Excerpt: ...se as available dates. 2. GRANTED as to the Belaire-West Notice for RFP 10: the disputed sentence shall state “You have no obligation to speak with the attorneys for Plaintiff or Defendant.” The cases Defendant cites are not precisely applicable, and the objected-to line does not say that employees have no obligation to speak to their employer generally. McGrory v. Applied Signal Technology Inc. (2013) 212 Cal.App.4 th 1510 relates to Cal. Go...

Excerpt: ...Defendant has provided declarations that it has no revenue from California customers, no employees in the state, no office or place of business in California, no bank account in California, and is not a registered business entity in California. In short, the international shoe does not fit. Given the state of the evidence, providing time for discovery appears unproductive. This dispute also appears to be bound by Arkansas law. If the Court had di...

Excerpt: ...ief) Causes of Action. Factual Background This action arises out of Plaintiff's employment with Foster Farms. He started his employment on July 25, 2013. His employment was temporarily halted for a couple of months, but he otherwise remained a full-time employee until he signed a resignation letter in connection with his worker's compensation settlement on January 12, 2017. The worker's compensation case and the crux of the allegations in this ca...

Excerpt: ...red only by the extent the parties have agreed. (Ajamian v. CantorCO2e, LP (2012) 203 Cal.App.4th 771.) An arbitration agreement contained within the employee handbook is generally enforceable, particularly when the acknowledgement form specifically refers to the arbitration agreement. (See, Harris v. TAP Worldwide, LLC (2016) 248 Cal.App.4th 373.) Here, Defendant has demonstrated an arbitration agreement exists (within the employee handbook and ...

Excerpt: ...which has been ruled on by Judge Freeland. The Court cannot revisit those rulings. The First Cause of Action for abuse of process fails to state a cause of action because there is no allegation that any legal action was filed by Wells Fargo. Rather, the First Amended Complaint alleges nonjudicial foreclosure proceedings. This cause of action cannot be amended without contradicting the original and amended complaint. The Demurrer as to the First C...

Excerpt: ...ause of Action, for Intentional Infliction of Emotional Distress (IIED), relies on authority where the employer's conduct consisted of “common supervisory actions.” The Court must accept as true the allegations properly pled by Plaintiff in deciding a pleading motion. As such, allegations that Defendants made derogatory comments directed to Plaintiff's weight and physical appearance, and that Defendants only hired females who met a certain �...

Excerpt: ...Objections: 1. To Paragraph 7 of Mr. Martin's expert declaration on the basis of lacks foundation. OVERRULED. Mr. Martin identified the rules at Paragraphs 13 and 15 and Exhibit D, referenced in Paragraph 4. As to misstating the evidence of the “photo,” OVERRULED. While the Court agrees the Declaration is misleading as to it being a still photograph, the videos from which the still was captured were introduced into evidence, to which there is...

Excerpt: ...hibit and the exhibit contradicts the allegations of the complaint, “those in the exhibit are given precedence.” (Sarale v. Pac. Gas. & Elec. Co. (2010) 189 Cal.App.4th 225, 245.) Defendant requested judicial notice of the Conditions of Agreement [“COA”], to which Plaintiff seemingly concurs, or at least, does not object. The Court will take judicial notice of the COA. Both parties also seek judicial notice of various trial court or unpub...

Excerpt: ...OVID‐19 NOTICE: The Court encourages all attorneys and self‐represented parties in law and motion hearings to appear via Court Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐6878. Please check in by 8:20 AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig's secretary, Isabel Alarcon, at 805‐477‐ 8790. If a part...

Excerpt: ...y theory. (Cal. Civ. Pro. §452; Knickerbocker v. City of Stockton (1988) 199 Cal.App.3d 235, 245; Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) The facts stated in a complaint and any exhibit attached thereto are presumed true when faced with an attack on demurrer. (Saxer v. Phillip Morris, Inc. (1975) 54 Cal.App.3d 7, 18; Cross-Talk Productions, Inc. v. Jacobson (1998) 65 Cal.App.4th 631, 635.) Generally, California requires only a genera...

Excerpt: ...ees entirely, but exercises its discretion under Cal. Civ. Pro. Section 1033.5(a)(4)(D) to determine an appropriate cost. Dr. Allman's testimony is a more difficult subject. Efforts were made by both counsel to reduce the costs involved. Given the technical hurdles, Plaintiff's counsel was legitimately unable to generate a remote appearance despite the stipulation by counsel and agreement by the court. Dr. Allman's costs and fees were actually in...

Excerpt: ...is code section in his opposition. Plaintiff asserts in his Third Amended Complaint that based on the conduct reported, the county was necessarily negligent in performing a mandatory duty to impose placement. Becerra v. County of Santa Cruz (1998) 68 Cal.App.4 th 1450 holds that placement decisions in the foster care realm are subject to immunity for discretionary acts. To the extent probation controls placement, that placement would be discretio...

Excerpt: ... Judge Claster's thoughtful and thorough review of the legal and factual issues in the related case. The Court asks counsel to be prepared to address the following issues: 1. What is the current schedule for all Orange County hearings? 2. Is Plaintiff estopped from arguing that the Zimmers case does not extinguish this case given his explicit argument that counsel should be paid $144,375 because his case would be extinguished and these efforts le...

Excerpt: ...e Court is relying on the application for late claim for that timeline, which Respondent agrees with. The Court believes the actual deadline to file would have been on or near January 17, 2021 (Cal Gov't Code section 911.2; Executive Orders N-35-20, N-71- 20.) Petitioner located the Del Puerto Health District, spoke to people at the district, spoke to the police, and spoke to the City of Patterson in an effort to determine the best course of acti...

Excerpt: ...Defendant agreed to dismiss his claims for negligence and intentional tort and filed an “Amendment to Complaint to Add Verified Petition for Writ of Mandate.” On March 2, 2020, Judge Dougherty ordered that Defendant “be allowed to file his petition for Writ of Mandate.” This document, while proffered as an addition to the existing complaint, did not contain any other claim other than the Writ of Mandate. The claims for negligence and inte...

Excerpt: ...Cause of Action for Negligent Infliction of Emotional Distress are SUSTAINED, without leave to amend. Defendants' Demurrers as to the Second Cause of Action for Violation of the Elder Abuse and Dependent Adult Civil Protection Act, CA Welfare and Institutions Code §§15600, et seq. are SUSTAINED, with leave to amend. Negligent Infliction of Emotional Distress is but a form of negligence. Burgess v. Superior Ct. (1992) 2 Cal.4th 1064, 1071-1072.)...

Excerpt: ... response under oath unless the response contains only objections.” (Cal. Civ. Pro. 2030.250 [interrogatories], 2031.250 [requests for production], 2033.240 [requests for admission].) The statutes provide that objections are to be signed by the attorney. The responses at issue that contained only objections were signed by the attorney and served on their due dates. As to Form Interrogatory 17.1, it is not covered by the Notice of Motion. Furthe...

Excerpt: ...the plaintiff may amend his or her complaint only as authorized by the court's order. (People ex rel. Dep't. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785, [leave to amend complaint does not constitute leave to amend to add new defendant].);” see also, Patrick v. Alacer Corp. (2008) 167 Cal.App.4th 995, 1015. Since this demurrer addresses the Unruh Act cause of action, not the IIED cause of action, it is not moot. The Flowers v. Prasad (2...

Excerpt: ...ara Office of Education (1990) 220 Cal.App.3d 702, 711 suggests the Court has the authority to make a finding of timeliness or untimeliness, and there may be cases in which that finding is premature. In this case, the Court has insufficient evidence to make a determination as a matter of law. The Court notes the issues are intertwined, but failure to present evidence of timely filing at this stage is not fatal to that issue, while failure to pres...

Excerpt: ...he discovery in this instance. The issue of Civil Code section 128.7 sanctions for the filing of the case has been ruled on. The issue of sanctions for the bringing of the appeal is not before this court. The case is ripe for final judgment, and has been so for some time. There is no issue outstanding for this court for which the RFA's will provide admissible evidence. Therefore, the Motion for Protective Order is GRANTED. The set of admission re...