Excerpt: ...iccinini Trust utd March 18, 2002 and Louis J. Giraudo, in his capacity as Trustee of the Robert M. Piccinini Trust ("Defendants"), but allowed Plaintiffs the opportunity to file a motion to reopen evidence regarding damages. At the hearing on Plaintiff's ex parte application, the court indicated it was interested in the question of whether the court should reopen evidence on the limited issue of whether the March 31, 2015 valuation of the Piccin...

Excerpt: ...on. Having considered the moving papers and the record on file in this matter, including evidence of Plaintiff's failure to obey the court's order of February 28, 2019, and for good cause shown, IT IS HEREBY ORDERED: 1. The Complaint filed by Plaintiff on June 26, 2018, is hereby STRICKEN and Plaintiff's affirmative action against Defendants is DISMISSED with prejudice. (See C.C.P. §§ 2030.290(c) and 2023.030(d)(1).) 2. Plaintiff and its counse...

Excerpt: ...une 14, 2019, Crossroads filed this renewed motion for summary adjudication pursuant to Code of Civil Procedure § 1008(b). The only "new" fact identified in the moving papers is that on May 20, 2019, Crossroads took the deposition of Brianne Pitchford, designated by Triangle as its person most qualified on some topic not disclosed in the moving papers. (See the Declaration of Nathan Verbiscar-Brown at paragraphs 34 and 47-48.) At her deposition,...

Excerpt: ... opposition. Further, the motion makes a sufficient showing for the requested relief. More specifically, the motion seeks reconsideration of the court's order of June 27, 2019, stating as follows: "The Request for Default Judgment is rejected and NOT ENTERED for the following reason(s): NO valid proof of service on file for service of Cross Complaint on Pacific Construction & Design[]. Appears to have been served by mail which is not proper servi...

Excerpt: ...ate facts sufficient to constitute a cause of action against it, for all the reasons discussed in the memorandum of points and authorities. (See C.C.P. § 438(c)(1)(B)(ii).) Such reasons include, without limitation the following. First, although the motion addresses the complaint designated as "Amended (Number): 3," filed on March 11, 2018, in fact the operative complaint appears to be the complaint designated as "Amended (Number): 1," filed on O...

Excerpt: ...al connection between the negligent conduct and the resulting injury" and the "actual loss or damage resulting from the professional's negligence." (Budd v. Nixen (1971) 6 Cal.3d 195, 200.) As currently pleaded, the cause of action is deficient in at least some of the above respects. Preliminarily, the cause of action does not comply with CRC 2.112, subdivisions (2), (3) and (4), by stating its "nature," the party or parties asserting it, or the ...

Excerpt: ...the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be." (Del E. Webb Corp. v. Structural Materials Co. (1981) 12...

Excerpt: ...o correct any defect has not been [previously] given."].) Plaintiff shall file an amended complaint no later than September 17, 2019. (See CRC, R. 3.1320(g).) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine "whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense." (Id.) "As ...

Excerpt: ..., 2019. Trial is currently set for November 12, 2019. The court may grant leave to a party who has engaged in a timely exchange of expert witness information to "do either or both of the following: (1) Augment that party's expert witness list and declaration by adding the name and address of any expert witness whom that party has subsequently retained. (2) Amend that party's expert witness declaration with respect to the general substance of the ...

Excerpt: ...., Vanil, Inc., Vanmel, Inc., Vansh, Inc., Varris Management, Inc., Yadav, Inc., Yadav Enterprises, Inc. aka JIB Management, Inc.) and Anil Yadav (collectively, "Defendants" or "Settling Defendants"). The operative pleading is a Second Amended Class Action Complaint recently filed by stipulation of the parties. To protect the interests of absent class members, class action settlements must be reviewed and approved by the Court. (Duran v. Obesity ...

Excerpt: ...ries by unknown third parties due to their failure to control the crowd and ensure security of guests at the event, inadequate staffing, lack of competently trained staff, and sub-standard security. (FAC ¶¶ 20-23.) Plaintiffs seeks summary adjudication against sixteen affirmative defenses asserted by AEG: Second Affirmative Defense (Third Party Liability); Third Affirmative Defense (Statute of Limitations); Fourth Affirmative Defense (Fault of ...

Excerpt: ..."FAC") filed on October 17, 2018. The FAC pleads three causes of action. Defendant is named only under the first cause of action for professional negligence and the second cause of action for wrongful death. Defendant did not meet his initial burden of production. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 848-855.) Defendant did not negate the essential element of breach of the standard of care in the sense of entirely disproving ...

Excerpt: ...cation as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owe...

Excerpt: ...red televisions which Decedent allegedly serviced as a television repairman at some point in time between 1951 and 1956. (Def.'s Sep. Stmt. of Undisp. Mtr. Facts ["UMF"] Nos. 1-5.) Plaintiffs' operative First Amended Complaint ("FAC"), filed August 7, 2018, alleges three causes of action for negligence, strict liability, and conspiracy. Only the first two are alleged against Defendant. Defendant has moved for summary judgment and in the alternati...

Excerpt: ...h and Safety Code section 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $3,000.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of ...

Excerpt: ...e categories in ruling on the motion. A. Discovery Potentially Relevant to Punitive Damages 1. RFAs The motion is DENIED as to RFAs Nos. 1, 2 and 7-9. Plaintiff International Currency Technologies ("Plaintiff") objected that these RFAs are not reasonably calculated to lead to the discovery of admissible evidence, which the court finds to be a valid objection. The court already excluded evidence of the trademark application and registration based ...

Excerpt: ...n Williams ("Defendant") had not served any responses to these interrogatories, despite several reminders that the due date had passed, which resulted in his waiver of any objections to those interrogatories. (See C.C.P. § 2030.290(a).) In his opposition filed on August 14, 2019 (which is not accompanied by a proof of service), Defendant attaches verified responses to the interrogatories, containing objections and incomplete responses. Where res...

Excerpt: ... of documents on the basis of "private property." (See Dec. K. Greene, para. 8, Ex. C.) However, Ms. Jiang's purported objection did not conform to the requirement s of section 1985.3 and is of no specific legal effect. Further, Ms. Jiang rebuffed Alvernaz's attempts to meet and confer regarding the issue. (See Dec. K. Greene, para. 10.) Substantively, the Court finds the right to privacy is not absolute, the documents sought by the subpoenas are...

Excerpt: ...porting memorandum sufficiently supplies such details such that Plaintiff has sufficient notice of the requested relief and the matter is properly before the court. (See Carrasco v. Craft (1985) 164 Cal.App.3d 796, 808.) Further, though the memorandum has a typographical error in referring to the applicable statute, C.C.P. § 2024.050, the first two paragraphs of the argument section identify and quote from that statute, which is sufficient to ad...

Excerpt: ...dants have requested to join in this motion: Kelly-Moore Paint Company, Inc.; Caterpillar, Inc.; Daimler Trucks North America LLC; Detroit Diesel Corporation; Ford Motor Company; Mack Trucks, Inc.; Navistar, Inc.; Borgwarner Morse TEC LLC; The Pep Boys - Manny Moe & Jack of California; Honeywell International, Inc.; Transwest Truck Center LLC; Cummins Inc.; DCo LLC; BWDAC, Inc.; Inland Kenworth, Inc.; PACCAR, Inc.; 3M Company; and Pneumo Abex LLC...

Excerpt: ... insurance companies assigned White 50% fault and denied her claims, resulting in physical, emotional, and financial harm to White. Keeton appears by general demurrer and denies that the Complaint is sufficient to state a cause of action for breach of contract. White has not filed papers in opposition. For the reasons stated below, Keeton's demurrer is SUSTAINED WITH LEAVE TO AMEND. PROCEDURAL MATTERS White's appearance on her own behalf does not...

Excerpt: ...of Civil Procedure ("C.C.P.") section 391(b), subdivisions (1), (2) and (3). First, the records of which the court takes judicial notice show that Plaintiff, in propria persona, has filed and maintained at least five litigations in the last seven years that have been finally determined adversely to her. (See C.C.P. § 391.1(b)(1); Request for Judicial Notice ["RJN"] filed on June 28, 2019, Exhs. D through V, which is granted; Tokerud v. Capitolba...

Excerpt: ...is tried to a jury regarding liability and is tried to a judge regarding the amount of penalties. Nationwide Biweekly Admin., Inc. v. Superior Court (2018) 24 Cal. App. 5th 438, recently analyzed whether UCL claims for statutory penalties should be determined by a jury. The appellate court found that while the "gist" of statutory causes of action are legal-"thereby giving rise to a right to jury trial"-"following the approach taken by the United ...

Excerpt: ...ent occurred, and there was no overhead street lighting at that location as a result of the construction project. (See Plaintiff's Additional Facts ("AF") Nos. 1-5 and the evidence cited in support.) Plaintiff had to maneuver his bicycle to avoid being hit by a car, and in doing so, Plaintiff hit a partially-filled trench and was thrown from his bicycle. (See AF Nos. 6-8 and the evidence in support.) Prior to the construction project, Portola Ave...

Excerpt: ...where the "complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint." (C.C.P. § 438(c)(1).) Although Defendant filed a general denial to the complaint on February 22, 2019, the court issued an order on June 21, 2019, stating that "the matters set forth in the Requests for Admissions, Set No. 1, served on February 28, 2...