Excerpt: ...ents in Response to Plaintiff's First Set of Document Requests is DENIED. The motion is untimely pursuant to Code of Civil Prc„cedure section 2031.310, subdivision (c). Additionally, the meet and confer was inadequate and the separate statement was defective. a. The motion is untimely. Ctxle of Civil Procedure section 2031.310, subdivision (c) provides: "[u]nless notice of this motion is given within 45 days of the service of the verified respo...

Excerpt: ...98, the only published state court case that had dec:ided the arbitrability of a nearly identical arbitration clause under similar circumstances at that time. Since then, other decisions have been published disagreeing with and/or critiquing Felisilda. Plaintiff moved on July 12, 2023 for the Court's reconsideration of its ruling granting the motion to arbitrate based on new cases disagreeing with Felisilda. The Court denied Plaintiff's request, ...

Excerpt: ... a participant or beneficiary to recover benefits due under the terms of the plan, to enforce rights under the terms of the plan, or to clarify rights to future benefits under the terms of the plan. (29 U.S.C.A. S 1132, subds. The Court intends to overrule the demurrer to the extent it is based on Code Civ. Proc., S 430.10, subd. (b) as there is no argument or indication that plaintiff lacks the legal capacity to sue. The Court intends to overrul...

Excerpt: ...(3) Defendant's Motion to Have Matters Deemed Admitted, and $960 in sanctions. (4) Defendant's Motion to Compel Responses to Special Interrogatories, and $960 in sanctions. (unopposed) Tentative Rulings: The Court intends to rule as follows: Defendant Casey Dean Pfankuchen's Motion to Compel Plaintiff Ulises Reyna's Responses to Form Interrogatories (Set One) is unopposed and is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Speci...

Excerpt: ...pany's complaint in Allied v. Edwards, 55-2016 -W477571-CU-lC-VTA. Tentative Ruling: The Court intends to deny the motion for summary adjudication of the fourth issue, going to the second cause of action in Allied's complaint filed in case no. 201500477571 on 1/25/16. Defendants have failed to meet their burden of demonstrating that Allied will be unable to establish one of the elements of the cause of action or that they have a complete defense ...

Excerpt: ...ond amended Cll (opposed) Tentative Ruling: The Court intends to overrule Defendants in Intervention's Demurrer to the Second Amended Complaint In Intervention's third cause of achon for express contractual indemnity. Background: Complaint for breach of contract, conversion, UCL, and account stated filed by Nancy Faries, as trustee for Cyril L. and Nancy L Faries Family Trust, on 5/25/22. After a demurrer and motion to strike were filed, a First ...

Excerpt: ... Water Quality Control Board, Los Angeles Region ("Regional Board") (opposed) (3) Joinder to the motion to dismiss and the demurrer by Real Party In Interest The Boeing Company ("Boeing") Tentative Rulings: Boeing's joinder is GRANTED. DTSC's motion to dismiss is GRANTED. Plaintiffs failed to timely file a request for a hearing pursuant to Public Resources Code section 21157.4. No separate request for hearing was filed in the first 90 days of thi...

Excerpt: ...33, 34, 35, 36, 27, 38, 39, 40, 41, 42, 43, 44, and 45. Defendants' Material Facts that are undisputed, but not established: LIMF No. 9. Defendants' Material Facts that are disputed, but otherwise established: LIMF Nos. 8, 10, 20, and 27. This case involves a cause of action for against defendants, Francisco and Noemi Apodaca Gonzalez, and the Gonzalez's real estate broker, Richard Ballard dba RE Ballard Company. The gravamen of this action is Pl...

Excerpt: ...sly sued as Sares Regis Management Co. LLC ("Sares") is DENIED. There is a factual dispute as to whether Knolls and Sares had knowledge of the dangerous propensity of the dog prior to the incident giving rise to Plaintiff's claims. Plaintiff proffered testimony of a witness who claims he notified property management of both the dangerous propensity of the dog and identifying information about the owner of the dog prior to the incident in this cas...

Excerpt: ...ke the delayed discovery rule such that the claim is not necessarily barred by the statute of limitations. Moreover, the cause of action is pled with the required level of specificity, and the facts alleged establish an adequate transactional relationship giving rise to a duty to disclose. The Defendant's Motion to Strike is denied because the FAC pleads facts sufficient to support a claim for punitive damages on the basis of fraud, malice, and/o...

Excerpt: ...ndant order to provide service of the new date and time forthwith. Defendant failed to provide adequate notce of the moton. (Code Civ. Proc., SS 418.10, subd. (b); 1005, subd. (b).) Analysis: 1. Proof of Service Code of Civil Procedure section IIN5, subdivision (b) requires that "all moving and supporting papers shall be served and filed at least 16 court days before the hearing." This time #riod is extended by 5 days for mailing within the State...

Excerpt: ...etermination of Good Faith Settlement is GRANTED. The court finds that the settlement between Plaintiff and Cross-Defendant Topp End Enterprises, lnc„ meets the factors for finding a good faith settlement under Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Background: On 1/9/20, Plaintiff was contacted by a representative of Toppers Pizza to provide service for a refrigeration unit on the roof of Mission Village, LLP. Pla...

Excerpt: ...urt finds that the settlement meets the factors for finding a good faith settlement pursuant to Tech—Bilt, Inc. v. Woodward—Clyde & Associates (1985) 38 Cal.3d 488. Grounds: Defendants/Cross-Defendants/Cross-Complainants Gary Pugh and Barbara Pugh move the court for an order, pursuant to Code of Civil Procedure section 877.6, determining that the $300K settlement between Plaintiff and moving parties is made in good faith. Such a determination...

Excerpt: ...provided any new fact, circumstances or law that was previously unknown that would warrant reconsideration. The moton also fails to include the required affidavits under Code of Civil Procedure section Background: Plaintiffs filed a complaint against Defendants James E. Miller Jr., and Susan D. Miller Trustees of the Miller Trust; James E. Miller Jr, an individual and Susan D. Miller, an individual. The complaint alleged causes of action relating...

Excerpt: ...e claim submi
©ed by Pe
Ÿ
Ÿoner to the Rio School District was brought within one year of the event upon which the claim is based, and Pe
Ÿ
Ÿoner was a minor during all relevant
Ÿmes. Government Code sec
Ÿon 946.6, subdivision (c)(2) provides that the Court shall relieve the pe
Ÿ
Ÿoner from the requirements of Government Code sec
Ÿon 945.4 if the court Þnds that the applica
Ÿon to the board under Sec
Ÿon 911.4 was made within a reas...

Excerpt: ...2698 et seq regarding overtime, meal and rest breaks, minimum wage, termination pay, wage statements, etc. The parties reached settlement in June 2023. underthe Settlement Agreement, attached as Ex. 2, Defendant agrees to pay a common fund settlement of $33,000 in two installments. The Settlement Fund is inclusive of payments to the LWDA and Allegedly Aggrieved Employees, Plaintiff's Counsel Payment and Settlement Administrator Costs. No portion ...

Excerpt: ...Plaintiff, as a registered nurse, does not qual-fy as a licentiate under Bus. & Prof. Code, S and therefore does not qualify as a "health care professional" for purposes of Bus. & Prof. Code, 5510 and 5510(h) in particular. Plaintiff has not suggested that he could plead any facts which would qualify him as a "health care professional" under the statute's definition. The Court intends to overrule the demurrer to the fourth cause of action. Defend...

Excerpt: ...posed motion for attorney fees, costs and enhancement award. Moving parties shall modify the final order to indicate payment to the class administrator and the source of such payment. Background: This is a class action complaint filed on 10/10/22 arising out of a purported data breach. The class members assert causes of action for: 1) negligence; 2) negligence per se; 3) Violation of California's Consumer Records Act Cal. Bus. Code S 1798.80, et ...

Excerpt: ...acated. An order of dismissal, with prejudice, will be entered. Background: This is a limited civil achon for breach of contract. Plaintiff Professional Medical Careers Institute of California, LLC ("Plaintiff") filed the complaint on 9/23/16. The complaint alleges that Defendant breached a contract by failing to pay fees and charges for her fourth semester in nursing school. Default was entered but was set aside earlier this year. Defendant file...

Excerpt: ...t, Trustee of the T&S Bluestone Trust Dated 05/15/19 ("Plaintiff"); or, alternatively, for reconsideration of the ruling on 5/1/23 that a cross-complaint is required for Defendant to pursue affirmative defenses concerning Plaintiff's negligence Tentative Ruling: Defendant's moton for leave to file a cross-complaint is DENIED. A court may properly deny leave to file a cross-complaint where the proposed "cross-complaint was demurrable." (Glogau v. ...

Excerpt: ...terprises, Inc.'s Motion for Determination of Good Faith Settlement 30 days so that moving party can file a supplemental declaration that addresses the first, second and fourth factors under Tech—Bilt, Inc. v. Woodward—cyde & Associates (1985) 38 Cal.3d 488, 499: "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement ... and a recognition that a settlor should pay less in ...

Excerpt: ...scovery requests, the Court finds sufficient cause and grants the Motions. Defendants are to provide further responses, without objection, within 10 days. The Court overrules Defendants' objections on grounds that the terms "discuss," "evidence" or "relate" are overbroad or vague, finding that the requests are sufficiently particular to describe the categories of documents/information at issue. Likewise, the objection on grounds that the requests...

Excerpt: ... rule 3.1113.) Plaintiff has not asserted any ground for demurrer that is permitted under CCP section 430.20. Even if the Court overlooks these defects, Plaintiff's arguments lack merit. Defendant is granted leave to amend to correct the typographical misspelling of Plaintiff's name. Background: This is an action for breach of contract, common counts, fraud, and IIED. Defendant filed an answer on July 13, 2023, asserting a general denial and vari...

Excerpt: ...uest for a continuance to conduct discovery is denied. The Court grants the motion to quash service of summons. Analysis: On a defendant's moton to quash service of summons for lack of jurisdiction, the burden of prtnf is on the plaintiff to establish minimum contacts between the defendant and the forum. (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial 53:384 citing Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710 ["[W]hen jurisdicti...

Excerpt: ...ce with service and hearing date requirements. Respondent has the burden of proof as to the validity of the lien but has not responded or offered any proof. The Court intends to grant the Petiton releasing the property from the mechanic's lien and awards $3,745.20 in fees and costs to Petitioner. Background: According to the verified Petition, Respondent Bear Plumbing & Rooter, Inc. recorded a mechanic's lien on Pettioner's property, 161 West Bow...