Excerpt: ...mpton College Dis trict, 127 Cal.App.4th 954/962-963. Govt Code section 45264 establishes that Plaintiff is a classified employee of the District, even though her work is supervised by the Commission. Plaintiff's descriptions of her employment are consistent with the des cription of a classified District employee who worked as a Commission staff member. Her allegations qualify for inclusion under the continuing violation doctrine. Defendant doe...

Excerpt: ....220 or is unable to do so as provided by CCP 2031.230. the one exception is that in response to a particular request, Honda's further response may also set forth any privilege objections provided that a privilege log accompanies its further responses. Donlen, Doppe s and Santana allow the type of discovery being sought by Plaintiff. The language of the particular RFP's from the first set of discovery is not the same as the language in RFP's 1 a...

Excerpt: ...aningful efforts to meet and confer with GM before filing this motion. GM's objections will be almost universally overruled, and did not justify the failure to appear for the deposition on 11/29/23. Plaintiff's meet and confer letter is detailed and adequately addresses the objections raised by GM. While GM offered to produce a PMQ with strictly imposed limitations on subject matter and document production, it failed to provide any dates for such...

Excerpt: ...motions and ex parte applications to regulate discovery. The Court was an eye witness to the pre-trial disputes as well as the trial itself. There is nothing about the costs being claimed which appear unnecessary or unreasonable. The Court offers the following: there is nothing which requires that a deposed party or witness testify at trial to justify taking the deposition; the cost of exhibits (and enlargements) was necessary to properly demonst...

Excerpt: ..., 51 Cal.App.4th 1513. Additionally, Defendant correctly points out that Plaintiff failed to meet and confer before filing this motion. However, under the circumstances presented in the moving papers and Defendant's opposition, the Court concludes that further meet and confer efforts after service of Defendant's first Supplemental Responses to the RFA's would have been fruitless, as the parties' positions are quite firm. Accordingly, Defendant's ...

Excerpt: ...ificity facts which amount to more than medical negligence. Sustain demurrer to the 3rd cause of action (Elder Abuse —Gino Lancelot-b) with leave to amend as to defendants Adventist Health So. California Medical Foundation, Adventist Health Physicians Network and Adventist Health Foundation. "Plaintiffs cannot bring a claim for neglect under the Elder Abuse Act unless the defendant health care provider has a caretaking or custodial relationship...

Excerpt: ...e. (2) Local Rule 8.10A assumes a joint request for an informal discovery conference. There has been no such joint request here. (3) The Opposition was one day late. No prejudice is apparent. The Court considers the opposition. The motion is granted. Defendants are ordered to provide verified, code compliant Further responses without objection to interrogatories 14.1, 15.1 and 17.1 and special interrogatories 5-8, 13, 14, 17, 34-37, 4147 and 49 w...

Excerpt: ...gligence. All of these causes of action are based on a claim that the apartment she was renting had a variety of habitability issues including waterproofing, electrical problems and mold. These same conditions were alleged as affirmative defenses in an unlawful detained filed by Prime Peninsula (the defendant in this action) in this court as case 56-2022-565942. That action went to trial as was resolved in favor of Prime Peninsula. This included ...

Excerpt: ..., 13, 15, 16, 22, 28, 29, 31, 32, 38, 44, 45, 47, and 48 are disputed and not established. Plaintiff's AUMF's 1-21 are undisputed and established. GLM admits it keeps no record/reports of the maintenance they complete at LMD 39, or any record of sprinkler schedules or settings. Plaintiff cannot be expected to have records that do not exist. Weather data for Oxnard shows that in January of 2020 there was a total of .25 inches of rainfall in the 24...

Excerpt: ...theories he is alleging. Unlike many summary judgment motions, the issue is one of law as opposed to one of fat. There is no dispute that Calvin Lin paid Ray Bowen a total of $11,288.50 for attorneys fees in connection with Bowen's efforts to secure reimbursement for the damage to the Lin's office suite caused by non-party (to this action) Lau. There is no dispute that Calvin's mother, Yvonne Lin, reimbursed her son for these payments. Bowen argu...

Excerpt: ...se at 22 Cal.App.5th 1198 discusses inverse condemnation as a remedy at some length. Private property may be taken or damaged by a public entity only when the owner is paid just compensation pursuant to secton 19 of the California constitution. As applied, however, this excludes damage caused by law enforcement, and includes circumstances involving public works and/or eminent domain. Other than those circumstances, a citizen's remedy is in tort. ...

Excerpt: ...tient was expecting a laparoscopic procedure. The demurrers for duplication are each and all overruled. All causes of action arise from medical treatment, but the theories of recovery are different. The demurrer to the second cause of acton for fraud is overruled. The intent element of fraud in inducing plaintiffs reliance can be found in the allegation that Dr. Aimaq 'knew that plaintiff was relying on his advice". The demurrer to the third caus...

Excerpt: ...mages. The ultimate conclusion is that there was not sufficient compliance, and the motion for summary judgment should be granted. This is an action for medical malpractice against the Ventura County Medical Center and its physicians. Plaintiff's attorney sent two items to the Hospital which he contends qualify as substantial compliance with the claims requirement. The first was a request for medical records. The second was a CCP 364 notice of In...

Excerpt: ...den is to show that Plaintiff dæs not possess, and cannot reasonably obtain evidence to establish the element of causation. See Aguilar v. Atlantic Richfield, 25 Cal.4th 826, 854. Garcia does not establish that Plaintiff "cannot reasonably obtain" such evidence. The moton is granted as to the second cause of action for products liabil-ty. Garcia is not in the business of manufacturing, distributing, or selling products. Plaintiff's evidence is i...

Excerpt: ... the home was in need of significant repair and improvement. Plaintiff was concerned that if the relationship fizzled, he would not be compensated for his labor in renovating the home. Defendant says that she will make him a co-owner to protect his interest in his labor. She does, and Plaintiff sends her an itemized statement for his labor in the amount of $401,000.00. The relationship fails, and Plaintiff wants his one-half interest in the home....

Excerpt: ... evidence cited by Ironshore. "Under Privette, when an employee of an independent contractor is injured while performing inherently dangerous work, and is subject to workers' compensation coverage, the employee cannot sue the person who hired the contractor to recover damages for the same injuries that were compensable under workers' compensation." Horne v. Ahern Rentals, 50 Cal.App.5th 192/195. "The liability of the contractor, who is primarily ...

Excerpt: ...ntiffs as class representatives; 3) preliminarily appointing Jonathan Melmed, Kyle Smith, and Joanne Kim of Melmed Law Group P.C. as class counsel; 4) preliminarily approving the settlement as fair, adequate, and reasonable; 5) preliminarily approving payment of reasonable attorneys' fees in an amount not to exceed one-third of the Gross Settlement Amount (i.e., up to $116,666.67), plus necessary litigation costs not to exceed $15,000; 6) prelimi...

Excerpt: ...t Company, LLC, JBR Development Co., and JBR Company, Inc. This needs to be tightened up. What entities are being sued? Other than alleging that Defendant Rosenberg resides and does business in Ventura County, and lumping Rosenberg in with other "Rasmussen Defendants", there are no ultimate facts indicating who he is; what relationship, if any, he has to other Rosenberg defendants in general or JBR Development and JBR Management in particular; no...

Excerpt: ...10/05/2022 Plaintiff moves for summary adjudication of his second cause of action (declaratory relief), third cause of action(promissory estoppel), and fourth cause of action (equitable estoppel), The tentative ruling is to deny as to each. Second cause of action ‐ declaratory relief operates prospectively, and may not be used to address past wrongs. Plaintiff had a fully matured cause of action for monetary damages at the time his contract was...

Excerpt: ...4/2022 Deny motion. Deny sanctions. Pohlot and Ross have been designated as expert witnesses for Plaintiff. The contention that a fraud has beenperpetuated is groundless. The presence or absence of a signed retainer agreement is an issue between the expert witness and counsel retaining him/her. An expert can agree to serve as an expert without a signed retainer agreement. The prejudice claimed by defense counsel is illusory. The non‐appearance ...

Excerpt: ...murrer. The defendant can determinewhat they are being sued for. That's good enough. Sustain with leave to amend the general demurrer to the fist cause of action for misappropriation of computer dataonthe ground that Plaintiff fails to allege facts indicating that Defendants' alleged accessing of data was "without permission" (See Penal Code section 502(c)(1)). Sustain with leave to amend the general demurrer to the second cause of action for int...

Excerpt: ...22 Petition for Order Approving Second and Final Account and Report of Conservator; Petition for OrderApproving Attorney and Conservator Fees; Petition for Final Distribution of Funds to Intestate Beneficiaries ***** The Court notes the following deficiencies with the Second and Final account. Conservator to explain the following unusual items in a supplement. ‐ Why is the current fair market value so low compared to carry value of the brokerag...

Excerpt: ...First Amended Complaint. Overrule demurrer to the first cause of action based on uncertainty. Such demurrers are disfavored. Defendant candetermine what they are being sued for, and that's good enough. Overrule the demurrer based on sham pleading. The differences between the two pleadings here are not such that theFAC seeks to contradict harmful admissions in the original complaint. Correcting or modifying earlier allegations doesnot amount ot a ...

Excerpt: ...y Motions. Special Interrogatories ‐ Defendant to provide further answer to special interrogatories 12, 13, 18, 19, 20, 21 and26. The scope of interrogatories is broader than a deposition. Interrogatories require information within the knowledgeof the party, his attorney and his investigators subject to a valid claim of privilege. Objecting that no further answer is req'dbecause a deposition has been taken ignores this fundamental difference. C...

Excerpt: ... demurrer of LC Engineering Group is overruled as to the second cause of action for intentional misrepresentation, the third cause of action for negligent misrepresentation, and the fourth cause of action for Fraudulent concealment onthe grounds that (a) although a mere breach of contract cannot constitute a claim for fraud, where misrepresentationsand concealments relating to the contract otherwise satisfy the elements of a fraud claim, such a c...