Excerpt: ...n ‐ Other, 11/24/2021 stolo Grant as to IN 120 (as explained). Deny as to 121, 122, 123, 124, 125 and 126. 120 asks about parties to prior slips and falls. Third party privacy is not absolute. Litigation discovery is a relevant and significant factor. The Court tentatively orders defendant to send notice to those prior claimants that their identity is being sought in presently pending litigation, and will be provided unless they object in writi...

Excerpt: ... FILED: Motion to Compel, 11/24/2020 stolo Grant as to interrogatory 71 (Caltrans admits that they did not answer this). Deny as to 8,9, 53, 55‐58 and 60 ‐ Caltrans states that it does not control, own or maintain Balcom Canyon Road. If plaintiff had asked about SR 118, the perspective is changed entirely. Deny at to 130‐132 ‐ Same analysis. Deny. Deny as to 122‐124, 126‐128, 134‐136, and 138‐140. These interrogatories are duplica...

Excerpt: ...nt the City's initial request for judicial notice. Grant plaintiff's RJN of the existence of the documents, but not the truth of their content. Grant City's reply request for JN. All UMF's except 5 and 57 are established. Grant motion. City has met its burden of producing evidence showing that Henderson was not its employee and was not engaged in City business at the time of the accident. Plaintiff has offered no evidence that would create a tria...

Excerpt: ...nt from a breast reduction. Alleging that some breast tissue was removed does not change that. Pl alleges that she was a 34DD before and after the procedure. It is a question of fact as to the nature of the surgery which was done. The 3rd c/a is for battery. Duplication is not a grounds for demurrer. See Blickman v. MF Downtown, 162 CFal.App.4th 858, 890. The 4th and 5th C/a are for IIED and NIED. What is "outrageous" conduct is best left for the...

Excerpt: ...gment is denied as is explained below. It does not dispose of the entire complaint. All requests for judicial notice are granted, although only court orders and judgments can be noticed for the truth of their contents. Plaintiff's evidentiary objections are overruled. Documents cannot be filed under seal by stipulation per CRC 2.551(a). Defendants motion for SAI as to issues 3 and 4 is deemed moot in view of plaintiff's statement in his o...

Excerpt: ...fendant Helena Horak's motion for summary judgment. Motion denied. The declaration of Dr. Vilke satisfies Horak's burden as to both standard of care, and causation. The declaration of DFr. Goldwebber, as submitted by the plaintiff, is sufficient to establish triable issues of fact as to both of those elements. There is some confusion in the physician's notes which Dr. Goldwebber highlights. At 12:03 there is a note stating that sympto...

Excerpt: ...r uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states ...

Excerpt: ...5/2018 stolo Deny MSJ and MSA. When Micheal Rudney was transferred from Defendant Simi Valley Care Center to Simi Valley Hospital, SVCC (and its director, defendant Dr. Lauritzen) admit that they did not maintain a bed for Mr. Rudney. Defenddants concede that they violated the seven‐day bed hold that is afforded to patients at skilled nursing facilities. (UMF 10). Defendants cite no law that would allow them to discharge Rudney simply because o...

Excerpt: ...otion ‐ Other, 07/27/2018 stolo Motion for terminating, issue and monetary sanctions. No opposition filed as of 8/31. Motion granted in part, and denied in part. Discovery sanctions are generally imposed on a graduated basis. As such, it is too early to jump to terminating or issue sanctions. The motion should be granted to the extent of requiring further deposition of the Hospital's PMK on Topic of Inquiry No. 6 and the production of docum...

Excerpt: ...ontract. Plaintiff alleges various bad acts and broken promises on the part of the defendant, but never specifically pleads what their agreement was. What was plaintiff obligated to do? Overrule as to the other causes of action. Grant MTS as to attorney fees, deny as to punitive damages. Plaintiff's fraud cause of action survives demurrer, and is sufficient to support a prayer for punitive damages. Twenty days leave to amend. ...

Excerpt: ... motion for fees and costs is denied. The Court finds that the anti‐SLAPP motion was not frivolous, or solely intended to cause unnecessary delay. Although ultimately unsuccessful, Defendant's motion was supported by legal argument and citations to legal authority. The fact that this Court and the Court of Appeals subsequently disagreed with Defendants' arguments and distinguished this case from Hailstone does not demonstrate that the m...

Excerpt: ... showing oppressive conduct. No allegations of corporate ratification. Allegations are those of negligence or perhaps gross negligence, but this is insufficient for punitive damages. If something turns up in discovery, plaintiff can move to amend to allege punitive damages. ...

Excerpt: ...nfer argument is not persuasive, and is not grounds per se to overrule a demurrer The demurring parties came into the picture well after the allegedly improper representations were made. Centeno and Cruz were the bad actors, and they have no connection at call with Trojan or Special Default. Irregularities in assignments may be an issue between beneficiaries, but the borrowers typically have no standing if there is such a dispute. Maria Bravo has...

Excerpt: ...or judicial notice is granted. Champion's demurrer to the first and third causes of action for uncertainty is overruled. There are no uncertainties which cannot be cured by discovery. The demurrer for failure to state a cause of action to the first cause of action is sustained with leave to amend. CBD has not alleged that it has paid damages to Marquart. The declaration of counsel is insufficient to establish that. A demurrer focuses on the c...

Excerpt: ... The three knives were in plain sight. It is foreseeable that teen age boys might carelessly play with them. This ruling establishes a duty. It does not decide that any of the defendants breached that duty. Determination of whether an Intervening act is foreseeable is a question of fact unless under the undisputed facts there is no room for a reasonable difference of opinion. (See Schrimsher v. Bryson, 58 Cal.App.3d 660).. ...

Excerpt: ...to all are based on LC 1102.5. This requires the reasonable belief in a statutory violation by the defendant. Plaintiff has not pleaded what statute, regulation, etc. was violated. Plaintiff need to do this. ...

Excerpt: ...e cross‐complaint occurred before the filing of the complaint. The cross‐ complaint is not based on plaintiff's protected free speech or her petitioning activity. The cross‐ complaint simply does not fall within the ambit of CCP 425.16. ...

Excerpt: ...liminarily, the court vacates its order of April 23rd finding that the settlement is on good faith. That was prematurely entered, and without knowledge that the instant motion had been filed. The motion to contest the application for a good faith finding is denied. The settlement is for Michel's policy limits. That is an important factor, especially where those limits are in the amount of $100,000.00. Wood Ranch filed its answer on September ...

Excerpt: ...ims that the defendants use of a company truck nullifies the normal exemption from the going and coming rule, i.e. defendants were covered by workers compensation (and thus nor eligible for underinsured motorist benefits). That is an oversimplification. Use of an employers vehicle does not per se keep the employee in the course and scope of his/her employment. Was the vehicle provided on a regular basis? Was it part of the employment agreement? T...

Excerpt: ...She had 100 days from that date to file a motion to vacate the award. That was not done. This motion is a collateral attack on the arbitration award. Furthermore, there is no showing of a defense on the merits to the award. ...

Excerpt: ...ant fires her for a non‐discriminatory reason, i.e. he has eliminated her position. Plaintiff contends that she was fired for "associational" discrimination, i.e. spending time with her disabled mother. Plaintiff does not offer evidence to raise a triable issue of fact as to the reason for the termination of her employment. Defendant's evidence as submitted with its reply is not considered. It should have been part of the moving pap...

Excerpt: ...o Motion to compel further answers to form interrogatories: Deny as to 2.3 and 2.4 ‐ Possession of a drivers license has no apparent relevance in a wrongful death action; Deny as to 3.6 and 3.7 ‐ this is a wrongful death action. A dba or a corporation cannot be an heir, so no apparent relevance; Deny as to 11.1 and 11.2 ‐ no apparent relevance as to whether a wrongful death heir has previously filed an action to recover damages for injury t...

Excerpt: ...9; motion for summary judgment/summary adjudication is denied. Defendants have met their initial burden by presenting evidence to negate the essential elements of breach of duty and causation. (See Defendants' UMF 5‐17, 22‐34, 39‐51, 56‐68 and 73‐85: Ex. C [Garcia depo]; Ex. D [Curtis depo]; Ex. e [Wright depo]). Specifically, Defendants' evidence is sufficient to show that Garcia did not breach his legal duty or cause the subje...

Excerpt: ...or judgment on the pleadings. Deny motion. There have been three demurrers in this case. In ruling on one of them in November of 2016, the court found that the cause of action for fraud did not state a cause of action, but that the remaining causes of action (which are the subject of this MJOP) did allege facts sufficient to maintain the various causes of action. CCP 438(g) requires that a moving party allege new facts or new law to reexamine a c...

Excerpt: ...Defendants XP Systems and Fiserv move for summary judgment and/or summary adjudication of issues. Tentative is to deny. The factual background of this personal injury case is that plaintiff Christopher Clanton fell through a skylight on a construction site. Defendants XP and Fiserv, the owners of the property, move for SJ/SAI based on Privette, and move alternatively for SAI on their lack of duty for the open and obvious condition (a skylight) wh...