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: ...iff's counsel to request a hearing. The Court continued the hearing to May 5, 2023, and ordered counsel for both parties to file declarations by April 28, 2023, regarding who from their office made contact with opposing counsel giving notice of their respective requests for a hearing, and also to specifically state in the declarations what part of the tentative ruling they oppose. 80th counsel timely filed declarations. It is apparent to the Cour...

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: ...Collins; John E. Gish; and the Estate of Conrad G. Sanchez individually and collectively, as follows: $231,124.39 in reliance damages, $154,542.15 in costs, and $104,436.73 in interest through February 20, 2023, for a total judgment amount of $490,103.27, plus interest of 8% per year from February 20, 2023 through May 3, 2023. Code Civ. Proc. section 1285 provides as follows: Any party to an arbitration in which an award has been made may petitio...

Excerpt: ... January 5, 2016 to October 20, 2021. The records are to be produced by no later than Friday, May 26, 2023. The original subpoenas dated March 2,2023, issued to Aseracare Hospice, Hy-Lond Healthcare, and Sutter Gould Medical Foundation, for decedent Donna Lee Warner's medical records, sought medical records from Ms. Warner's date of birth through the present. The original subpoenas were clearly overbroad as to tme. The amended subpoenas issued on...

Excerpt: ...sition of Mr. Quijas. Mr. Quijas is ordered to make himself available for and attend and testify at his deposition. On March 15, 2023, the Court granted plaintiffs' Motion to Compel the Deposition of defendant Adolfo Torres Quijas. The Court ordered plaintiffs' counsel and defense counsel to meet and confer in good faith and set the deposition of Mr. Quijas. The Court also ordered Mr. Quijas to make himself available for and attend and testify at...

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: ...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: ...n good faith, that the settlement is fair, reasonable and adequate, and that the settlement satisfies the standards and applicable requirements for preliminary approval of class action settlements under California law. The proposed settlement terms are as follows: (1) Gross Settlement Amount of $590,000.00; (2) $50,000.00 allocated for PAGA Penalties under the Private Attorney General Action of 2004 ("PAGA"), distributed 25% ($12,500.00) to the A...

Excerpt: ...FAA there is a liberal policy favoring arbitration agreements. Perry v. Thomas (1987) 482 U.S. The arbitration agreement in the Lease Agreement (Maugeri Declaration, paragraph 5, Exhibit 4) prov-des that it is governed by the Federal Arbitration Act ("FAA"), which governs transactions involving commerce. 9 U.S.C. section 2. Courts interpret FAA's term "involving commerce" broadly, finding that the phrase is the functional equivalent of "affecting...

Excerpt: ...ms that defendant Karen Emily Johnson failed to see plaintiff in the crosswalk and hit him while he was in the crosswalk. PUMF, No.'s 2 and 3. There is a disputed issue of fact as to whether Mr. Lopez was actually walking in the marked crosswalk and whether or not Ms. Johnson is at fault. Ms. Johnson claims that Mr. Lopez was not in the crosswalk she did not see him there, and that prior to initiating her turning movement, she observed traffic an...

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: ... 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: ... exist, and that plaintiff is entitled to summary judgment. Open Book Account Code Civ. Proc. section 337a defines "book account" as follows: The term "book account" means a detailed statement which constitutes the principal record of one or more transactons between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries a...

Excerpt: ...and confer with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. Defense counsel sufficiently met and conferred with plaintiff's counsel before filing this Motion. Moths Declaration, paragraphs 5 — 10. The Merits Code Civ. Proc. section 436 prov-des that the court may, upon a motion made pursua...

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: ...s a matter of law. Code Civ. Proc. section 437c(c). The allegations concerning theft by plaintiff of defendant's property, and the facts concerning the grievance process engaged in by plaintiff are not relevant to the issues in this Moton. Plaintiff returned the property which defendant thought he had stolen (PMF No. 9, Itkin Declaration, Exhibit 1 (Deposition of Defendant's PMQ) 27:19-28:10) and the grievance process is a separate process from t...

Excerpt: ...Proc. section 437c(c), a motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. As the moving party, the defendant bears the burden of persuasion that there is no triable issue of material fact in order to prevail on summary judgment. However, defendant is not required to conclusively negate an elem...

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: .../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: ...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...