Excerpt: ...grants Plaintiff Moni ca Hull's request for an order compelling Defendant Knights of Columbus of Oxnard (“Knights”) to provide a further response to special interrogatory no. 43 (set no. 3). Knights shall serve Plaintiff's counsel, by no later than September 19, 2024, with a ve rified further response without objections to request for admission no. 43 that (a) responds to the request for admission as it is stated; and (b) fully complies with ...

Excerpt: ... Defendant's demurrer on the g rounds of uncertainty is OVERRULED. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Defendant's demurrer on the grounds of failure to state a claim based on preemption is SUSTAINED, without leave to amend. [However, if Plaintiff can articulate specific facts that could be pled to avoid preemption, Plaintiff should be prepared to identify those facts at the hearing so that the Court can...

Excerpt: ...dence Code section 452(d). Defendant LHT Flowers, =nc.'s Motion to Dismiss For Plaintiff 's Failure to Bring Case to Trial Within Five and One -:alf Years is GRANTED pursuant to Code of Civil Procedure sections 583.310 and 583.360. The entire case is dismissed without pr ejudice. The deadline to bring this matter to trial expired on August 6, 2024. Plaintiff filed his petition for writ of mandate on August 15, 2024. That petition was denied by th...

Excerpt: ...ses of action fo r abuse of process, ==ED and conspiracy to commit abuse of process against Defendants. (Code Civ. Proc., § 430.10, subd. (e).) At the hearing, Plaintiff shall be prepared to identify specific facts that can be pled to cure the deficiencies identified in th e demurrers. =f Plaintiff is unable to identify such facts, the demurrers will be sustained without leave to amend. Defendants to give notice. The Court notes that the parties...

Excerpt: ... payment of P AGA penalties negotiated by the parties in this action and for an order dismissing the action without prejudice with jurisdiction to be reserved pursuant to Code of Civil Procedure, section 664.6. The Private Attorneys General Act of 2004, Labor Code secti on 2698 et seq. (“PAGA”) requires that the Court approve the penalties negotiated by settlement reached by the parties. (See Labor Code section 2699(l)(2).) PAGA also mandates...

Excerpt: ...n to Stay Pro ceedings was previously granted on a temporary basis. (See August 8, 2024 Minute Order.) Defendants Well Oak Tenant LLC's, Oakmont Management Group LLC's, Welltower Propco Group LLC's, and Welltower =nc.'s Petition to Compel Arbitration is GRANTED. Defen dants have successfully met their burden by identifying the existence of a valid arbitration agreement. Plaintiff Diana Weekes has failed to meet her burden of establishing that the...

Excerpt: ...t 8:20AM. Plaintiff Dineley is required to show that the settlement was submitted to the Labor Workforce Development Agency. (Labor Code, § 2699, subd. (s)(2).) Further, Plaintiff Dineley the evidence offered in support of the motion is inadequate. The Court needs to review the settlement agreement to confirm its terms, which claims are released, and how th e PAGA award compares to the settlement amount of other claims. The Court sees no basis f...

Excerpt: ...that has been since corrected under penalty of perjury. No other evidence suggests Plaintiff did not receive service of the instant motion. Plaintiff did not meet his burden of establishing the preliminary facts necessary to support the exercise of the attorney -client privilege. Plaintiff 's objections based on attorney -client privileged are OVERRULED. :e is ordered to sit for a third session of deposition and answer the questions identified in...

Excerpt: ... Cross- Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. Judgment is entered in the amount of $856,964.79 plus $280,051.21 in interest. For purposes of this motion only, the UMFs are established and all objections to evidenc e are overruled. Background: The Complaint was filed by Plaintiff Montalvo Square Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant�...

Excerpt: ...t Plaintiff f ails to allege ultimate facts indicating that Defendant Centeno's conduct rose to the level of “extreme and outrageous” conduct. (See Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494- 496.) Any first amended complaint shall by filed and served by no later than September 4, 2024. Analysis: A. Demurrer Centeno demurs generally to the fourth cause of action for IIED in Plaintiff's Complaint. Centeno contends that the IIED claim ...

Excerpt: ... class action, or a cause of action in a class action, or a party requires court approval. (Dunk v Ford Motor Co. (1996) 48 Cal.App.4th 1794). It is the duty of the court, before finally approving the settlement, to conduct an inquiry into the fairness of the propo sed settlement. (Cal. Rules of Court, rule 3.769(g)). The trial court has broad discretion in determining whether the settlement is fair. In exercising that discretion, it normally co...

Excerpt: ...oss -Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. For purposes of this motion only, the UMFs are established and all objections to evidence are overruled. Background: The Complaint was filed by Plaintiff Montalvo Squar e Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant” or “Fitness”) on May 24, 2022. The Complaint alleged causes of action for (...

Excerpt: ... denied. Pla intiff's counsel acquiesced to the omission of CACI 431. (See Defendant's Ex. D, pp. 939 -931.) Additionally, the omission of CACI 431 was not prejudicial because the concept of multiple causes and substantial causation was adequately covered by the other instructions. Additionally, while the moving papers argue that the jury could have reached a different conclusion as to whether the collision caused Plaintiff's injuries, the papers...

Excerpt: ...Roe 1's Motion to Consolidate Related Cases for Discovery and Pretrial Hearing Purposes Only is DENIED. The Court finds that the requested consolidation will not tend to avoid unnecessary costs or delay. (Code Civ. Proc., § 1048). Grounds: Plaintiffs John Roe 1 and John Roe 2, through their GAL Jane Roe, move the court to consolidate this case (2023CUCR009593) with the following related cases for discovery and pretrial hearing purposes:  Jan...

Excerpt: ... Sanctions (Oppo sed) Tentative Ruling: Plaintiffs Tristan Te r r y -Burciaga's and Rose Burciaga -Terry's request for an order compelling the deposition of Defendant American Honda Motor Co., Inc.'s (“Honda”) “person(s) most qualified” and custodian of records (“PMQ”) is grant ed. The deposition shall take place on or before October 1, 2024. To the extent Plaintiffs seek an order compelling production of documents at the PMQ deposit...

Excerpt: ...iana Weeke s by and through her Power of Attorney, Cheryl Mae Bichler (“Plaintiff”) against Defendants Well Oak Tenant LLC dba Oakmont of Simi Valley; Oakmont Management Group, LLC dba Oakmont of Simi Valley; Oakmont Management Group, LLC; Welltower Propco Group, LLC ; and Welltower, Inc. (“Defendants”). The complaint alleges causes of action for (1) elder abuse and neglect, (2) negligence/willful misconduct and (3) negligence. Analysis: ...

Excerpt: ...t denies the re quest for monetary sanctions. Grounds: Code Civ. Proc., § 2023.030. Defendant seeks an order terminating this action and for $1,860 in sanctions for Plaintiff's failure to comply with the court's 5/22/24 order. Discussion: If a party fails to obey an ord er compelling responses to discovery, the court may impose whatever sanctions are just, including: 1) issue sanctions (ordering that designated facts be “taken as established�...

Excerpt: ...ellow public safety members who are jointly engaged in the discharge of their responsibilities are not liable for injury to other public safety members. Focusing, as the court must, on the actions of the deputies, the court finds that these actions were undertaken in t he joint discharge of the parties' responsibilities in responding to Lucero. It was Lucero's alleged drunk and belligerent conduct that both necessitated the presence of Plaintiff...

Excerpt: ...rkshi re Operating Company, L.L.C. Plaintiff filed the complaint on 7/18/22. On 4/24/24, Defendants filed a substitution of attorney. On 6/25/24, Plaintiff filed this motion. No trial date has been set. The proposed FAC contains a single new cause of action fo r PAGA civil penalties. Discussion: I. California Rules of Court, Rule 3.1324 Defendants argue that the motion should be summarily denied because Plaintiff's counsel's declaration does n...

Excerpt: ...en ‘a second suit involves (1) the same cause of action (2) between the same parties [or their privies] (3) after a final judgment on the merits in the first suit.” (Samara v. Matar (2018) 5 Cal.5th 322, 326–327.) The party asserting claim preclus ion “has the burden to show from the record of the prior action that the asserted issue was previously litigated and determined. [Citation].” (Landeros v. Pankey (1995) 39 Cal.App.4th 1167, ...

Excerpt: ...gs, not the truth of facts set forth therein. (See Evid. Code, § 452, subd. (d); see also Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal.App.4th 875, 882.) Plaintiff's Objections: Plaintiff asserts objections in the separate statement that ar e not in the proper format and are directed at Defendant's UMFs, not the supporting evidence. Plaintiff's objections to the facts in the separate statement are improper and ar...

Excerpt: ...10) OVERRULED; (11) OVERRULED; (12) OVERRULED; (13) SUSTAINED —hearsay as to statements made by Mr. Sewell; (14) OVERRULED; (15) SUSTAINED —hearsay as to statements made by Mr. Sewell; (16) SUSTAINED —hearsay as to statements made by Mr. Sewell; (17) OVERRULED; (18) OVERRULED; (19) OVERRULED; (20) SUSTAINED —hearsay as to statements made by Mr. Sewell; (21) SUSTAINED —hearsay as to statements made by Mr. Sewell; (22) OVERRULED; (23) OVE...

Excerpt: .... Plaintiff' s claim appears to be valid and all requirements for issuing the order have been established. The claim upon which the application is based is one upon which an attachment may be issued, the attachment is not being sought for an invalid purpose, and Defend ants have not shown that any of the described property is exempt from attachment. The Court grants the application in the amount requested and for the property described, with the ...

Excerpt: ...LP is required to file and serve the current parties in this action with the proposed First Amended Cross -Complaint within 10 days of this ruling. New party BrightView Landscape Services, Inc. shall be served with the summons and First Amended Cross- Complaint in complianc e with the Code of Civil Procedure. Grounds: Defendant/Cross - Complainant Premium Outlet Partners, LP moves the court for an order granting it leave to amend its cross compl...

Excerpt: ...ectronic fil ing or service is granted in part. The Court will allow Defendant PCM to recover $120 of costs for electronic filing or service and strikes the remaining costs. The motion to tax or strike item 16 ($216) for CourtCall costs is granted. Discussion: “'In c ontrast to the American rule that parties to a lawsuit ordinarily pay their own attorney fees, litigation costs have been traditionally awarded to the prevailing party. “Costs ...