Excerpt: ... not have jurisdiction to step into ongoing arbitrations to “enforce” anything short of a final award. The general rule is this: jurisdiction does not migrate from the arbitrator to the trial court unless the arbitrator has made a ruling disposing of all the issues. See Maplebear, Inc. v. Busick (2018) 26 Cal.App.5 th 394, 402-405; Kaiser Foundation Health Plan, Inc. v. Superior Court (2017) 13 Cal.App.5 th 1125, 1139-1140; Cinel v. Christoph...

Excerpt: ...ts' Demurrer to the Second Amended Complaint, based on the pleadings, accompanying exhibits, and the briefs of both parties, the Court finds as follows: As to the Second Cause of Action for Fraud as to Cross-Defendant Nora Herrera, the allegations of the Second Amended Cross-Complaint does not plead facts with sufficient particularity as to the specific conduct by the named cross-defendant. Particularity means pleading facts which “show how, wh...

Excerpt: ...tting the Truth of Unanswered Requests for Admission, Compelling Verified Further Responses to Written Discovery, and Request for Sanctions – a) GRANTED, in part; DENIED, in part With regard to Requests for Admissions, Set One, the Court finds that Plaintiffs have entirely failed to respond to the information requested in #1-4, despite acknowledging their “inadvertent” omission and promising to rectify the same in May 2019. Therefore, the C...

Excerpt: ...plaint on its face states facts sufficient to constitute a cause of action for general negligence in subrogation and that the Defendant's Answer on its face fails to state sufficient facts to constitute either any denial of Plaintiff's allegations or a meritorious affirmative defense. (Code Civ. Proc. § 438(c)(1)(A); Bezirdjian v. O'Reilly (2010) 183 Cal.App.4 th 316, 321 [matters subject to mandatory judicial notice deemed part of pleading and ...

Excerpt: ...ain insufficient. (As just one example, Plaintiff's further response to Request for Production No. 3 is: “I do not have the documents.” This is not a code-complaint response.) Therefore, based on all of the pleadings and papers in the file, the Court GRANTS the Defendant's motion to compel further responses to Form Interrogatories, General, Set One Nos. 2.7, 4.1, 7.1 – 7.3, 8.3, 8.8 and 17.1, as well as Requests for Production of Documents,...

Excerpt: ...is Plaintiff's employer) and Defendant HSI, who contends it is not. Defendant HSI seeks only to sequence the discovery in this matter to achieve this goal, not to impose a complete, permanent ban on any particular topic of discovery. Defendant HSI has demonstrated good cause for such an order. Notably, precluding production of an HSI “class list” at this time will further the interests of justice in that it will prevent an entirely unwarrante...

Excerpt: ...nfidence and when the client suspects and questions the good faith of his attorney the attorney should be permitted to withdraw from the case unless some very compelling reason exists for forcing him to continue with the ungrateful task.” (Heple v. Kluge (1951) 104 Cal.App.2d 461, 462.) While the court is sympathetic to plaintiff's predicament, his inability to find substitute counsel is not a “very compelling reason” to deny counsel permis...

Excerpt: ...is Plaintiff's employer) and Defendant HSI, who contends it is not. Defendant HSI seeks only to sequence the discovery in this matter to achieve this goal, not to impose a complete, permanent ban on any particular topic of discovery. Defendant HSI has demonstrated good cause for such an order. Notably, precluding production of an HSI “class list” at this time will further the interests of justice in that it will prevent an entirely unwarrante...

Excerpt: ..., Richards, Wilson & Co. v. Insurance Communicators Marketing Corp. (1993) 12 Cal.App.4 th 1249, 1263.) Had Plaintiff's dismissal of three of the four causes of action she originally alleged, including the cause of action on which the Court found a triable issue of material fact on the earlier MSJ/MSA, occurred before the issuing of a ruling on the earlier MSJ/MSA, the Court likely would have reached the merits of Defendant's arguments instead of...

Excerpt: ...ust that Dabblicious may have breached oral agreements, but also that it beached the contract itself by failing to conduct batch testing and allow remediation as allegedly required by industry standards. Dabblicious's attack on the third cause of action for fraud fails because, although JDI did not provide the name of the employee who met with its representative to discuss the processing agreement, it gave a month, year and location for the meeti...

Excerpt: ... Lind's motion described him, an industrial medicine doctor. However, Dr. Schwartz has presented evidence that she and Dr. Lind both practice “general medicine,” and as a physician she “has special knowledge, skill, experience, training, or education sufficient to qualify [her] as an expert on” (Evid. Code, § 720, subd. (a)) that topic. (See Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 970.) “Whether [her] knowledge in these areas w...

Excerpt: ...� GRANTED, in part; DENIED, in part, subject to evidentiary hearing. The Court find that Plaintiffs have demonstrated entitlement to entry of default against the unknown parties designated in the Complaint as “the testate and intestate successors of Barbara Plant, deceased, and all persons claiming by, through, or under such decedent; and all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...regard to Requests for Admissions, Set One, the Court finds that Plaintiffs' responses to #3 and 24 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to Form Interrogatories, Set One, the Court finds that Plaintiffs' responses to #8.7, 8.8, 9.1 and 9.2 are evasive and incomplete. Therefore, Defendants are entitled to verified further responses. With regard to #12.1-12.6, 13.1 and 13.2, the C...

Excerpt: ...tice of termination of the agreement. Moreover, even if the Court were to find Plaintiff's evidence sufficient on the above issues, Defendant has submitted controverting evidence and additional facts which demonstrate the existence of disputed material issues, including but not limited to the nature of the consideration for the parties' agreement (see Plaintiff's Fact 14 and Defendant's Additional Facts 20, 21, 25, and 26); the question of whethe...

Excerpt: ...th regard to the alleged existence of a dangerous condition at the subject intersection. Specifically, Plaintiffs have demonstrated material disputes of fact concerning, at a minimum, Defendant's Separate Statement of Undisputed Material Facts 3, 8, and 9. For example, the Court finds that factual issues exist as to whether the traffic controls in place at the intersection at the time of the accident were out of compliance with applicable regulat...

Excerpt: ...LC has entirely failed to respond to the subject discovery and all objections have been waived. (Code Civ. Proc. §§2030.290(a).) Therefore, Defendant shall provide answers, without objection, within 14 days of service of notice of entry of the order. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in connection with Defendant's failure to respond to the above-described discovery requests. (Code Civ. Proc. �...

Excerpt: ...n this case. No declaration of any kind accompanies the motion, which does not contain the information that was supposed to be included in the declaration. The court is therefore missing facts essential to its determining the motion. In addition, the court agrees with the opposition that plaintiff has failed to articulate a viable theory of damages to support a cause of action for either trespass or conversion. ...

Excerpt: ...quately specific. Also, because it alleges staff failed to follow doctor's orders regarding skin breakdown despite knowledge of the harm posed to decedent, the first amended complaint pleads acts that could constitute actionable neglect of an elder. (Sababin v. Superior Court (2006) 144 Cal.App.4th 81, 90.) However, plaintiffs' references to decisions by unnamed “management” of defendant are insufficient to allege the type of ratification req...

Excerpt: ...iv. Proc. §2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2014) 223 Cal.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. Further, the Court finds that Plaintiff is entitled to an award of monetary sanctions in the amount of $220 against Defendant, to be paid to Plaintiff's counsel within 30 days. (Code Civ. Proc. §§2023.010 et seq.; 2033.280(c); Cal. Rules of Ct., rul...

Excerpt: ...59(h); se e.g. Maldonado v. Superior Court (2002) 94 Cal.App.4 th 1390, 1398.) As no subpoena was issued, the Court is without the ability to compel his attendance in this instance. Moreover, the court notes that the parties are continuing to meet and confer with regard to Mr. Hampton's deposition and believes it is likely that the issues herein will be resolved through additional good faith efforts on the part of counsel. Lastly, the Court notes...

Excerpt: ...l.App.4 th 762, 777-778.). Therefore, the matters contained in Request for Admissions, Set One, are deemed admitted. b) Plaintiff's Motion for Evidence and Issue Discovery Sanctions – GRANTED, and unopposed. The Court finds that Defendant Roberto Chavez Alvarez has failed to comply with the Court's order dated 3-4-19 compelling discovery responses. Defendant's failure, coupled with the lack of any opposition to the instant motion, leads the Cou...