Excerpt: ...rapy was unnecessary. As to harm, Dr. Schmidt at paragraph 20 asserts as follows: "Ms. McCoy's harm from the administration of neoadjuvant chemotherapy/radiation therapy included incontinence, fatigue, and depression. She claims also to spend at least 4 hours per day on the toilet with diarrhea. None of these conditions she claims to have had prior to being administered the chemotherapy/radiation therapy, according her declaration and these condi...

Excerpt: ...ant Second Amended Complaint, which eliminated the Sixth and Seventh Causes of Acton from the pleading altogether. Therefore, the instant demurrer attacks causes of action to which the defense's previous demurrer was overruled, purportedly on the "new" ground that Plaintiff fails to sufficiently allege exhaustion of administrative remedies, as is required prior to bringing claims based on FEHA. This argument was raised in Defendant's reply brief ...

Excerpt: ...to Police Report No. 90-30042, are necessary and have substantial relevance to the legitimate need of Defendant to defend this action and Plaintiff to prosecute same. (CA ST FAM JUV Rule 5.552 (d)). The court hereby issues a protective order accompanying this authorized disclosure, discovery, or access according to the terms of the parties' proposed protective order. (CA ST FAM JUV Rule 5.552 (d)(8)). b) GRANTED. A record must not be filed under ...

Excerpt: ...ration is that Plaintiff is worried about Defendants' financial stabil-ty. There is no indication that Defendant is in a precarious financial situation or has refused without explanation to pay a disputed claim. To support a writ of attachment Plaintiff needs to allege more than that Defendant owes it money and hasn't paid Plaintiff should submit evidence of Defendant's "past dishonesty, failure to meet obligations, or concealment of assets." Wes...

Excerpt: ...al Interrogatories (Set One) on 12/12/22. Defendant's Moton to Compel Plaintiff's Responses to Special Interrogatories (Set One), is hereby granted. Defendant is accordingly hereby deemed to have waived all objections to same including those based on privilege and work product. (Cal. Civ Proc. 52030.290 (a)). Plaintiff is hereby ordered to provide full, complete, and verified responses to said Special Interrogatories, (Set One) without objections...

Excerpt: ...nd Second Amended Complaint to prevent the application of the Sham Pleading Doctrine against her. The Court therefore disregards the inconsistent allegations in Plaintiff's First and Second Amended Complaints. (Larson v. UHS of Rancho Springs, Inc., (2014) 230 cal. App. 4th 336, 343-344). The Court finds that even if said Sham Pleading Doctrine were not applicable, Plaintiff discovered, or through the use of reasonable diligence should have disco...

Excerpt: ...days of the Court's order. The responses shall conÞrm that Pe
Ÿ
Ÿoner will produce all non-privileged documents responsive to Respondent's demands that are in his possession, custody, or control. Pe
Ÿ
Ÿoner shall also produce all non-privileged documents responsive to Respondent's Demand for Produc
Ÿon of Documents Nos. 1-25 and 27-46 that are in his possession, custody, or control within ten (10) days of the Court's order. Pe
Ÿ
Ÿoner sha...

Excerpt: ...When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order and based upon new or different facts, circumstances, or law make application to the same judge or court that made the order, to reconsider the matter and modify, amend, re...

Excerpt: ... of litigation." (Hernandez v. City of Stockton, (2023) 90 Cal. App. 5th 1222, 1231) The Court also finds that a government tort claim need not contain the detail and specificity required of a pleading, but need only fairly describe what the entity is alleged to have done; the claims statute should not be applied to snare the unwary where its purpose has been satisfied. (Stockett v. Association of California Water Agencies Joint Powers Ins. Autho...

Excerpt: ...pre-emptive blanket order based on claims of attorney client privilege and or work product privilege. (Cal Code of Civ. Proc.S 2054.420, Nativi v. Deutsche Bank National Trust Co. (2014) Cal.App.4th 261, review denied). Accordingly, Plaintiff may proceed with the noticed depositions of Ms. Tudor and Mr. Kouba. Defendant may make any objections it deems necessary during said deposition. The Court declines to prohibit discovery of the documents req...

Excerpt: ...e to Mr. Broderick-villa's supplemental declaration on August 4, 2023. The Court has decided to consider Mr. Broderick-villa's supplemental declaration because Mr. Eighmey has had time to file a responsive pleading on the merits and because the Court wishes to rule on the merits. Ms. Vega claims that Strategic Legal Group's fees are being paid by adverse party Miguel Duran Jr., which constitutes a violation of California Rule of Professional Cond...

Excerpt: ... that the payment to the Class Representative and to the Class Members to be appropriate given all relevant factors of the settlement. The Court also finds the attorney's fees to be comparable to the award of fees generally issued by California Courts. The Court hereby grants final approval of the Class Acton Settlement herein. The class counsel, class representative and claims administrator are hereby approved and appointed as set forth in the m...

Excerpt: ...6 Cal.App.4th 443, 447, fn2.) There are good reasons for this rule; the Court does not have access to every trial court ruling, and cherry-picking is unhelpful. Further, I have an ethical obligation to be an independent jurist. FACTUAL SUMMARY A separate case filed on November 14, 2019 by Brianna Dennis in Santa Clara Superior Court involved the same Defendant and similar issues. This case was filed on June 22, 2020. Ross answered on July 23, 202...

Excerpt: ...nds that the papers demonstrate insufficient meet-and-confer efforts prior to submission of the instant motion. For example, it appears that the defense has proposed a stipulated protective order which would arguably permit the production of several of the items in dispute. Therefore, the Court has concluded that the parties have not yet exhausted the potential for them to further narrow and/or resolve the issues presented herein with the pursuit...

Excerpt: ...te of judicial judgment. (See, e.g. Britz, Inc. v. Alfa-Laval Food & Dairy Co. (1995) 34 Cal.App.4th 1085, 1106– 1107.) Moreover, the Court Þnds that Pe
Ÿ
Ÿoners have demonstrated their en
Ÿtlement to recover costs in the amount of $17,140, represen
Ÿng the a
©orney's fees awarded by the arbitrator and the Þling fees incurred in connec
Ÿon with this ac
Ÿon. However, the Court lacks power to award arbitra
Ÿon costs that should have bee...

Excerpt: ...1, 2022, or January 1, 2023, and the action was filed on January 11, 2023. Defendant is mistaken as to the time when the action was filed. The Complaint, naming only Doe's, was filed on December 19, 2022, which was within the three-year statutory revival period as set forth in 340.1(q). Ten days later, on December 29, 2022, the Certificate of Merit required by Code Civ. Proc. section 340.1(g)(3) was filed, which was well within the 50 days allowe...

Excerpt: ...ication for an order has been made to a judge, or to a court, and granted ...any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The Motion does not comply with Code Civ. Proc. secton...

Excerpt: ...oot as to him. The Court anticipates that the motion as to Aurora is not being pursued given the opportunity afforded to speak to her on August 9. Under Code Civ. Proc. S 2024.020, any party shall be entitled as a matter of right to complete discovery proceedings on or before the day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial, and except as provided in S 2024.050, a continuan...

Excerpt: ...mpetent expert testimony that they acted at all times within the applicable standard of care. Ko Declaration, paragraphs 5 — 11; and Monjazeb Declaration, paragraphs 6 — 11. This expert testimony is sufficient to shift the burden under Code Civ. Proc. section 437c(p)(2) to plaintiffs to provide evidence of breach of the standard of care. Causation must be proven within a reasonable medical probability based on competent expert testimony. Broo...

Excerpt: ...and conditions set forth therein and the Gross Settlement Amount and the allocation of payments. The proposed settlement terms are as follows: (1) Gross Settlement Amount of $480,000.00; (2) Attorney's Fees of $160,000.00 (1/3 of the Gross Settlement Amount) and costs of up to $10,000.00; (3) Settlement administration costs of approximately $10,500.00; (4) $10,000.00 allocated for PAGA Penalties under the Private Attorney General Acton of 2004 ("...

Excerpt: ...rt (Cole National Corp.) (2004) 122 Cal.App.4± 1060, 1078.) Plaintiffs' generic reference to the "State of California" does not provide sufficient information to put the relevant agency or department on notce of the claim(s) against it herein. Moreover, Plaintiffs' argument in opposition, i.e., that the subject property is designated as "open irrigated land" under the California Land Conservation Act, appears insufficient to support the purporte...

Excerpt: ...sition of liability. The traditional elements of duty, breach of duty, causation, and damages apply. (6 Witkin, Summary of Cal. Law (9th ed. 1988) Torts, S 838, p. 195, Marlene F. v. Affiliated Psychiatric Med. Clinic, Inc., (1989) 48 cal. 3d 583, 588). The Court finds that a cause of action for Negligent Infliction of Emotional Distress does not exist in this Damages for severe emotional distress, rather, are recoverable in a negligence action w...

Excerpt: ...s not prejudiced by said service. In the interests of equity, the Court holds such service valid. The Court finds that AB 218 (Code of Civil Procedure S 340.1) expressly exempts Plaintiff from complying with the claims presentation requirement of Government Code S 905. The Court further finds that AB 218 does not constitute an unconstitutional gift or appropriation of public funds, to the benefit of particular individuals based on an exception to...

Excerpt: ...s Inc. to Provide Responses to Special Interrogatories, and for an Award of Monetary Sanctions Against Defendant and Attorney; d) Plaintiff's Motion to Compel Defendant Brunk Industries Inc. to Provide Responses for Production of Documents, and for an Award of Monetary Sanctions Against Defendant and Attorney (a) GRANTED, unopposed. The Court finds that Defendant has entirely failed to respond to Plaintiff's Request for Form Interrogatories, (Gen...

Excerpt: ... with Cal. Rules of Ct., rule 3.769(c). The class counsel, class representatives, and claims administrator are hereby preliminarily approved and appointed as set forth in the motion. However, the Court is not convinced that the proposed payment structure for enhancement payments to the representative plaintiffs is justified; specifically, the Court does not believe that the moving papers and supporting evidence support the proposed award of $18,5...