Excerpt: ...fter that. In fact, it appears that plaintiff's counsel has been prosecuting this personal injury claim without a client or a bona fide representative for quite some time. According to plaintiff's counsel, in February of 2023, the dispute was settled for $95,000 (again, without plaintiff's involvement). As it turns out, the “settlement” is reflected only in a unilateral Release of All Claims sent to plaintiff's counsel by Sedgwick CMS examine...

Excerpt: ...ial breach of the trust, labors under a springing conflict of interest, is easily susceptible to undue influence, demands excessive compensation, or for "other good cause." See Trolan v. Trolan (2019) 31 Cal.App.5th 939, 958 -960; Estate of Cairns (2010) 188 Cal.App.4th 937, 949 -950; Claypool v. Wilson (1992) 4 Cal.App.4th 464, 676 -677. Before the Court this day are four (4) discovery motions, all filed by the current trustee (Respondent herein...

Excerpt: ...ability. Befor e the Court this day are several discovery motions. Discovery in this case has been arduous. In some respects, this has been quite the David v. Goliath show. The pending discovery disputes permit the inference that the HOA is going a bit overboard here. Form Interrogatories – Sanctions Denied, Responses in 15 days On 09/17/2024, HOA caused to be served upon Trakhter a set of form interrogatories. He provided verified written resp...

Excerpt: ...he flooring repo rtedly stolen the week prior. According to the arrest warrant, law enforcement confirmed the theft – and the identity of 2 of the 3 involved – after viewing store surveillance video, private cell phone video, and information pertaining to the getaway vehicle(s). Plaintiff was charged with various crimes. See CRF58586. However, two years later, all charges against plaintiff were dismissed in the interests of justice. The court...

Excerpt: ... leave to amend. Per CCP §1019.5(a), and this Court's specific instructions, defense counsel was to give notice of that ruling. Since plaintiff did not waive notice, the 30 window to amend did not begin until such notice was actually provided. CCP §472b; Robbins v. Los Angeles Unified School Dist. (1992) 3 Cal.App.4th 313, 318. There is nothing in the court file confirming when notice was actually provided to plaintiff, but since a signed order...

Excerpt: ...P §§ 1286.2 and 1286.6), confirmed after a round of supplemental filings. No judgment was ever submitted or entered, so the case presently sits in limbo. The procedural posture of this case was always somehow “odd” to this Court, a feeling expressed in prior Minute Orders. Additional evidence was requested, and while the attorneys complied with the strict letter of the request, at no time did counsel seize the opportunity or obligation to c...

Excerpt: ...ts filed in cour t and used at trial or submitted as a basis for adjudication. Substantive courtroom proceedings in ordinary civil cases, and the transcripts and records pertaining to these proceedings, are presumptively open. NBC Subsidiary (KNBC –TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, 1208 –1209. As such, a party requesting that a record be filed under seal must file a motion accompanied by a memorandum and a declaration contai...

Excerpt: ...ss -claims for n uisance, harassment, intentional infliction of emotional distress, and premises liability (for a slip/fall at the community playground). Before the Court this day is the HOA's motion for summary judgment or adjudication. Although the HOA describes its motion as “unopposed,” there is skeletal tardy opposition thereto (filed 02/07/25). Because the issues are sufficiently explored in the moving papers, and not challenged with an...

Excerpt: ...ities for ha ving him charged with crimes. It was alleged that on 11/03/18, plaintiff went to the Lowe's here in Sonora with a few friends, and helped himself to flooring, tools, laundry supplies, “for rent” signs and a bottle of Pepsi. They fled the store with roughly $1,600 worth of unpaid merchandise. One week later, plaintiff was at Lowe's trying to return or exchange some of the flooring reportedly stolen the week prior. According to the...

Excerpt: ... a defense mot ion for sanctions against plaintiff due to his failure to permit depositions to proceed via Zoom. Finally, though technically set for hearing next week, defendant also has in the queue a motion to bifurcate which can be easily dispensed with at this time (there being no opposition, and the time for that having passed). Pertinent Factual Background On February 4, 2022, plaintiff commenced employment with defendant as a back -up, on ...

Excerpt: ...r “plaintiff”). Before the Court this day is a motion by co -defendant Sierra Mountain Construction , Inc. (hereinafter “Sierra”) to summary adjudicate in its favor all of the claims asserted against it by co -defendant California Department of Transportation (hereinafter “Caltrans”) in the latter's operative cross -complaint (filed 10/11/2024). At issue is whether Sierra should shoulder any direct blame for allowing workers on the sh...

Excerpt: ...to accommodate t he current trial date. Pursuant to CCP §2034.280(a), “any party who engaged in the exchange may submit a supplemental expert witness list containing the name and address of any experts who will express an opinion on a subject to be covered by an expert designated by an adverse party to the exchange, if the party supplementing an expert witness list has not previously retained an expert to testify on that subject.” By statute...

Excerpt: ...UD action was c ommenced in 2022. There is no opposition filed to the motion. However, there is no Proof of Service accompanying the papers to show that the defendants have notice of plaintiff's request. Before addressing the motion itself, and whether there is any good cause for abandoning yet another trial date in this seemingly never -ending saga, it is important to review the salient fact to understand why more time is not warranted. The sali...

Excerpt: ...erest) and “step -son” (standing unclear) to compel the facility to permit an inspection of the facility. Largely at issue is the layout of the memory care wing, including the proximity of the nursing station. Although a schematic layout would undoubtedly suffice for the trier of fact, defendants have agreed to allow the on -site inspection with conditions plaintiffs do not like. Pursuant to CCP §2031.010, a party in a civil action may obtai...

Excerpt: ...ff apparently agreed to purchase APN 034 -031 -047, a reasonably modern 2,000 sq ft home on a 13 -acre parcel near Flume Road, for $650,000. In conju nction therewith, plaintiff entered into a buyer's agent agreement in which she agreed to pay her agent a commission of 3%. As the escrow period came to a close, plaintiff reportedly learned for the first time that the 3% commission she agreed to pay her agent was on top of whatever amount she agree...

Excerpt: ...i, hereinafter “p laintiff”). Before the Court this day is a motion by co -defendant Sierra Mountain Construction, Inc. (hereinafter “Sierra”) to summary adjudicate in its favor all of the claims asserted against it by co -defendant California Department of Transportation (hereinafter “Caltrans”) in the latter's operative cross -complaint (filed 10/11/2024). At issue is whether Sierra should shoulder any direct blame for allowing work...

Excerpt: ... subpoenas to a. The DMV b. Plaintiff's former employers; 2. Filed 12/06/24: plaintiffs' motion to compel further resp onses to SRogs; 3. Filed 12/06/24: plaintiffs' motion to compel further responses to RPD. In the coming week or two, additional motions are scheduled: defendants' motion to compel inspection of decedent's cell phone (filed 12/10/24); and defendants' motion to compel compliance with third -party subpoena (filed 12/23/24). Given th...

Excerpt: ...s non -relative live -in caregiver (see PR12029). During that administration, James died, leaving his own intestate estate to be administered (see PR12267). Meanwhile, John's live -in caregiver (Christi) has filed this civil action claiming that John promised her that if she moved in and provided him with care/comfort in his waning years, that upon his passing he would gift her his home. Since James caused that property to be inventoried as part ...

Excerpt: ...ummary adjudica tion/judgment on plaintiff's complaint (although there are two plaintiffs, the analysis will refer to plaintiff in the singular given that consortium claims are entirely derivative); and a motion to seal medical records used by Sonora to secure summary adjudication/judgment. The purpose of the law of summary adjudication is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, desp...

Excerpt: ...fled the store w ith roughly $1,600 worth of unpaid merchandise. One week later, plaintiff was at Lowe's trying to return or exchange some of the flooring reportedly stolen the week prior. According to the arrest warrant, law enforcement confirmed the theft – and the identity of those involved – after viewing store surveillance video, private cell phone video, and information pertaining to the getaway vehicle(s). Plaintiff was charged with va...

Excerpt: ...eciate. Decedent 's family secured a medical transfer to the local Adventist Health emergency room, where decedent was assessed as having a serious brain bleed and a skull fracture. Decedent was transferred to a trauma facility in Modesto, which effectively concluded that decedent was at end -stage dementia. Soon thereafter, decedent was transferred to a private hospice provider in Stanislaus. Decedent passed away on 12/10/22 from acute respirato...

Excerpt: ...nce a petition to compel contractual arbitration is granted, the action at law sits in the twilight zone of abatement with the arbitrator taking over and the trial co urt retaining merely vestigial jurisdiction. Arbitration has a life of its own outside the judicial system. The arbitrator decides questions of procedure and discovery, and all questions needed to determine the controversy. During this time, under its ‘vestigial' jurisdiction, a c...

Excerpt: ...cedent. The school responded with a blanket objection, citing pupil privacy as codified by 20 USC §1232g and CA Education Code §49073 et seq. Plaintiffs have not filed any motion to quash said subpoena, nor have they filed any opposition to the pending motion to compel. Plaintiffs did file an initial objection on 08/16/24, but parties may not stop the discovery train involving non -consumer records with a mere objection. See Monarch Healthcare ...

Excerpt: ...nce a petitio n to compel contractual arbitration is granted, the action at law sits in the twilight zone of abatement with the arbitrator taking over and the trial court retaining merely vestigial jurisdiction. Arbitration has a life of its own outside the judicial system. The arbitrator decides questions of procedure and discovery, and all questions needed to determine the controversy. During this time, under its ‘vestigial' jurisdiction, a c...

Excerpt: ...his action w as ostensibly commenced with the filing of a Complaint on 09/25/2023. The Complaint does not include a signature from either counsel or plaintiff. See Page 3. A Complaint which does not include a signature “shall be stricken” unless the omission is promptly cured. See CCP § 128.7; Board of Trustees of Leland Stanford Jr. Univ. v. Superior Court (2007) 149 Cal.App.4th 1154, 1167; Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768. ...