Excerpt: ...der compelling Defendant Moorpark Unified School District to provide further responses to its requests for production, set one and production of all responsive documents (opposed). Tentative Ruling: Plaintiff's Requests for Production Nos. 32, 34, 35, 36, and 61 seek information related to his alleged assailant's school records. Plaintiff's Form Interrogatory Nos. 12.1, 12.2 and 12.3 seek information related to potential witnesses. Plaintiff's mo...

Excerpt: ...Sue Ahn to Appear for Deposition and to Produce Documents, and Monetary Sanctions is GRANTED. Cross-Defendant Ahn is required to appear for deposition and produce documents within 30 days of this order. Cross-defendant Ahn is also ordered to pay Cross-complainant Kagoshima's counsel monetary sanctions in the amount of $300.00 within 30 days of this order. Background: The Complaint was filed on May 28, 2019 and a First Amended Complaint was filed ...

Excerpt: ...posed) 2. Motion to compel Plaintiff Faustino Bautista Luna ("Luna") to provide further responses to Fl Nos. 9.1, 9.2, and 50.2 and for $1,320 in monetary sanctions against Luna (opposed) 3. Moton to compel Martinez to provide further responses to Special Interrogatories ("S'") Nos. 3, 6, and 13 and for $1,320 in monetary sanctions against Martinez (opposed) 4. Motion to compel Luna to provide further responses to Sl Nos. 3, 6, and 13 and for $1,...

Excerpt: ... was not the proximate cause of plaintiff's injuries. Background: Plaintiffs Cruz Espinoza, Catalina Espinoza, Cassandra Espinoza, Christina Espinoza, Carina Espinoza, and Carisa Espinoza filed a Complaint for Wrongful Death against Defendants Marc Reinoso, MD and Community Memorial Hospital, pleading causes of action for (1) medical malpractice/wrongful death and (2) survivor's claim. The Complaint alleged that Defendants' treatment of decedent ...

Excerpt: ...ing the qualifications of Phoenix Class Acton Administration Solutions and the basis for the payment of up to $14,500. Additionally, the Court intends to reduce the incentive payment to the class representative to $5,000 as the amount requested is not justified by the declarations submitted. Background: This is a putative class action. As alleged in the Complaint, Defendant Success Valley Farms LLC ("Success") operates a farm in Oxnard, Californi...

Excerpt: ... not pled adequate facts to support the application of the delayed discovery rule. (Fox v. Ethicon Endo-surgery, Inc. (2005) 35 Cal.4th 797, 808-809.) Plaintiff has not alleged the exception provided by Bus. & Prof. Code, S 25602.1 to the immunity provided by Bus. & Prof. Code, S 25602(b). The motion to strike is denied as moot. The requests for judicial notice are denied. Defendant's evidentiary objections to the declaration of attorney Ellery S...

Excerpt: ...tions in the amount of $3,561.55 against Defendant and its Counsel. (Opposed) Tentative Ruling: Plaintiffs' Motion to Compel Supplemental Responses to Form Interrogatories — General is GRANTED, subject to clarification of the term "INCIDENT" as set forth in the discussion below. Defendant Pleasant Valley School District is required to prov-de supplemental responses to Plaintiffs Form Interrogatory nos. 12.1, 12.2, 12.3, 14.1, and 14.2 subject t...

Excerpt: ... Documents to Plaintiffs' Requests for Production of Documents and for Sanctions in the amount of $3,561.65 against Defendant and its Counsel. (Opposed) Tentative Ruling: Plaintiffs' Mohon to Compel Further Responses to and Production of Documents to Plaintiffs' Requests for Production of Documents and for Sanctions in the amount of $3,561.65 against Defendant and its Counsel is GRANTED in part and DENIED in part. The motion to compel further res...

Excerpt: ...The agreement was explicitly voluntary and Plaintiff's declaration does not support a basis to find procedural unconscionability. As to any substantive unconscionability, the Court severs the confidentiality provision in 5 which, while mutual, could limit discovery. The parties are ordered to submit all claims to arbitration. Status conference re: arbitration is set for December 13, 2024 at 8:35 AM in Department 41. Plaintiff was hired by VS Medi...

Excerpt: ...ly unconstitutional in violation of California Constitution, Art. WI, S 6. AB 218 does not create a new basis for liability against VLISD for childhood sexual abuse by a government official; instead, it revives a liability that was extinguished by virtue of the running of the statute of limitations and relieves Plaintiff of the requirement of filing a government claim. In cases where courts have held that the legislature made a gift out of public...

Excerpt: ...esponsive to some of these RFPs. However, it is not clear whether this constituted a complete response or whether any RFPs are still at issue. The parties should be prepared to address this at the hearing. Additionally, if it has not already done so, GM should comply with Code Civ. Proc„ S 2031.280, subd. (a): "Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identifi...

Excerpt: ...ows: Defendants Francisco Gonzalez and Noemi Apodaca Gonzales' Motion for Award of Attorneys' Fees against Plaintiffs Robert Golden and Nicole Golden, is GRANTED, subject to a reduced hourly rate of $450 per hour and a reduction of time to 190 attorney hours, for a net attorneys' fee award of $85,500. The Court finds that Plaintiffs did not comply with the requirements under the residential sales contract to mediate this matter before proceeding ...

Excerpt: ...Order to Reflect an Accurate Amount of Attorney Fees [CCP 1008(a)] (Opposed) Tentative Ruling: Cross-complainants Rashid Hameed and Gurmit Singh's Moton to Reconsider and Revoke Order Dated 12/1/23 Granting Attorney's Fees to a Losing Party, Or, Alternatively, to Modify The Order to Reflect an Accurate Amount of Attorney Fees is DENIED. The motion fails to meet the requirement of the statute to show "new or different facts, circumstances, or law....

Excerpt: ... to Category 6, the motion is granted only to the extent that production of responsive materials shall be subject to a protective order limiting the use and disclosure of any produced materials. The parties are ordered to meet and confer regarding a stipulated proposed protective order and to submit one to the court for approval. Discussion: Code Civ. Proc., S1987.1(a) provides: " If a subpoena requires the attendance of a witness or the producti...

Excerpt: ...it has jurisdiction to enforce the settlement agreement. It does not appear from the register of actions that the parties ever filed or otherwise presented to the court their settlement agreement, which included their agreement that the court retain jurisdiction under CCP 564.6. Instead, a notice of settlement was filed and a request for dismissal was subsequently filed and entered. Sayta v. Chu (2017) 17 Cal .App.5th 950 appears to be directly o...

Excerpt: ...5, 9, 12, 21, 28, and 29. The following facts are disputed but nonetheless established: 3, 6, 8, 10, 14, 15, 18, 19, 20, 24, and 27. The following facts are disputed and not established: 7, 11, 13, 15, 17, 22, 23, 25, 26, and 30. As a preliminary matter, Plaintiff's separate statement fails to set forth headings as required by California Rules of Court, rule 3.1350(b). The court exercises its discretion to overlook this procedural defect in this ...

Excerpt: ...).) Since Plaintiff has not opposed the motion, he failed to show a probability of prevailing. In any event, the face of the complaint, exhibits attached thereto, and Defendant's evidence strongly suggest that Plaintiff cannot establish a likelihood of prevailing. The litigation privilege bars the claims arising from the allegedly false statements. The allegations related to the video are not actionable as either a violation of Civil Code section...

Excerpt: ...n December 29, 2023. Background: This is an action for breach of contract related to a loan. Plaintiff filed the complaint on 8/11/23. On 9/26/23, Defendant served an unfiled answer on Plaintiff. Plaintiff's counsel believed it was deficient, and commenced "meet and confer" efforts with defense counsel. On 10/4/23, Defendant filed a different unverified answer containing denials and affirmative defenses but did not serve it on Plaintiff. On 11/14...

Excerpt: ...vision, indica
Ÿng only that a student “may” be liable for fees and costs if the student fails to repay the loan, is in the nature of a cau
Ÿonary admonishment and not an enforceable a
©orney's fees provision. The use of the permissive “may” suggests that condi
Ÿons would apply to recovery of the costs and fees, but those condi
Ÿons are not iden
ŸÞed anywhere in the contract. The Court notes that recovery of costs to a prevailing p...

Excerpt: ...dant Bee Investment, Inc.'s Motion to Compel Cross-complainant Tsutomo Kagoshima's Further Responses to Special Interrogatories, Set One, is MOOT. However, the Court orders Cross-complainant Tsutomo Kagoshima to pay Cross-Defendant Bee Investment, Inc.'s counsel monetary sanctions in the amount of $540 by January 5, 2024. 1. The motion to compel is moot; the request for sanctions is not Cross-Defendant Bee Investment, Inc. ("Bee"), moves for an o...

Excerpt: ...r the court's review or any entitlement to review under a motion for reconsideration. Plaintiffs have failed to identify any new or different facts, circumstances, or laws that could not have been presented to the court earlier. Plaintiffs filed their first motion for reconsideration on September 8, 2023. On October 16, 2023, the court denied that motion on the following grounds: (1) the court has no jurisdiction to rule on the motion for reconsi...

Excerpt: ...ition, including concerning the alleged lack of evidence that Plaintiff signed the Dispute Resolution Agreement. (See Alliant Ins. services, Inc. v. Gaddy (2008) 159 cal.App.4th 1292, 1307-1308; sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 794.) There is adequate foundation for the statements made in Shin's Reply Declaration at '195-6. Plaintiffs other evidentiary objections are also overruled. The Court intends to grant Defendants' Motion to ...

Excerpt: ...�) moves for an order (i) compelling Cross-Complainant M & Tony's Touch, Inc.'s (“M & Tony”) further responses to special interrogatories (set no. 1); and (ii) awarding Bee $2,620 in sanc
Ÿons against M & Tony. On November 16, 2023, M & Tony Þled a “No
Ÿce of Service of Response in Lieu of Opposi
Ÿon…” to Bee's mo
Ÿon, in which M & Tony (a) indicated that it had served Bee with veriÞed further responses to the subject special inte...

Excerpt: ...ng: Plaintiff American Express National Bank's Motion to Vacate the Conditional Dismissal and Enter Judgment Pursuant to Code of Civil Procedure Section 664.6 is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 564.5. Judgment is entered jointly and severally against Defendants Hector Galindo and Hg Tools, LLC in the amount of $32,015.61. Order and Judgment signed this date. Moving party to give notice of the Co...

Excerpt: ...he description of work performed by each class representative is generic enough that the exact same description is used for representatives. It is unclear why an award of $10,000 is warranted, and no updated declarations were provided. The Court did not previously flag this as an issue, so if the parties wish to contnue the hearing and prov-ded updated declarations, the Court can accommodate that request. Otherwise the Court intends to award $5,0...