Excerpt: ...re section 2034.610 permits a party to seek to "[a]mend that party's expert witness declaration with respect to the general substance of the testimony that an expert previously designated is expected to give." (See also Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1039 [stating that a trial court's determination to grant relief will not be disturbed absent a showing of abuse of discretion].) In deciding a motion made under section 2034.61...

Excerpt: ...or all purposes. The separate action is currently being prosecuted by Ms. Fisher's successor in interest. Plaintiff Morken alleges that the sales representatives of Vivint Solar, Inc. and Vivint Solar Developer, LLC prey upon individuals who do not know their legal rights. In this case, after Plaintiff's elderly mother expressed interest in having solar panels installed on her roof, Tyler Williams, Defendants' Regional Vice President of Sales Wes...

Excerpt: ...cation as to each of the First through Eighth Causes of Action therein. Because summary judgment may be granted only if Defendants are entitled to judgment as to each and every cause of action (see C.C.P. § 437c(c)), the court proceeds by addressing the motion for summary adjudication as to each such cause of action. A. First Cause of Action The motion for summary adjudication as to the First Cause of Action is GRANTED. This cause of action alle...

Excerpt: ...se of action or discloses a complete defense." (Id.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593...

Excerpt: ...ready amended its pleading once as a matter of right. (See CCP sec. 472.) Nonetheless, the Court now deems the SAC filed, as of October 15, 2019. As the SAC is the operative pleading, ILTS LLC's demurrer to the FAC is MOOT. ILTS LLC shall respond to the SAC, by answer, demurrer, or other procedural device permitted by the Code of Civil Procedure, no later than December 5, 2019. The Court does not reach the substantive arguments of the present dem...

Excerpt: ...n 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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading against a d...

Excerpt: ...nt with leave to amend. Cross-Complainant filed its First Amended Cross-Complaint on September 3, 2019. Cross-Complainant substantially supplemented its factual allegations in support of its claim of delayed discovery. Cross-Complainant also added allegations that Clark Smith, the Managing Member of CrossLink Networks, LLC, made representations that led Cross-Complainant to believe that it did not need to file a lawsuit to recover the amount owed...

Excerpt: ...Trust (Dated August 20, 1997) is DISMISSED. STANDARD OF LAW FOR DEMURRER "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; see also CCP sec. 438 [discussing motions for judgment on the pleadings]; Cloud v. Northrup Grumman Corp. (1998) 67 Cal.App.4th 995, 999 [same].) The Court must determine "whether the complaint alleges facts sufficient to state a c...

Excerpt: ...d Ali (collectively, "Defendants") based upon the failed short sale of real property located in Berkeley, California (the "Property"), wherein Plaintiffs entered into an agreement to purchase the Property and allege that Defendants mishandled the lender approval process for the short sale. Plaintiffs allege claims for breach of fiduciary duty, professional negligence and negligent misrepresentation. Plaintiffs and Defendants entered into a settle...

Excerpt: ...ary Judgment is granted because it has made the required prima facie showing that no triable issues of material fact remain regarding Plaintiff's claim that the City had actual or constructive notice that the tree or tree branches that fell on her vehicle were in a dangerous condition. See Govt. Code § 835; and Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. The City has counted approximately 200,000 trees in its parks and along it...

Excerpt: ...)(1).) "A party may move for summary adjudication 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 . . . ...

Excerpt: ...ME after it had started without good cause. The court is not convinced that the failure to come to an agreement on the conditions of the examination constitutes a waiver of Defendant's right to move to compel an IME by Dr. Strassberg. The court therefore compels that Plaintiff participate in an IME with Dr. Strassberg, subject to the following conditions discussed below. After reviewing the evidence presented in support of the motion and the decl...

Excerpt: ...ny pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amendment of the pleadings, and it is a rare case in which denial of leave to amend can be justified. (See, e.g., Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) "[I]t is an abuse...

Excerpt: ...uses 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 owed or did not owe a duty to ...

Excerpt: ...plications for patents with the United States Patent and Trademark Office ("USPTO"), which resulted in the issuance of U.S. Patent No. 7,516,227 (the "'227 Patent") on April 7, 2009. Plaintiffs allege that Defendants also represented Plaintiffs in the subsequent amendments, corrections, and administrative challenges regarding the '227 Patent as late as February 18, 2016. Plaintiffs claim that they have since identified defects in the claims in th...

Excerpt: ...iled a First Amended Complaint that also asserted that his vehicle was equipped with a dash camera that recorded video of the traffic accident. On 7/30/19, the court ordered plaintiff to provide responses by 8/12/19. On 8/8/19, Plaintiff provided responses to the Form Interrogatories, but not to the request for documents. On 10/4/19, defendant filed this motion. On 10/28/19, plaintiff filed an opposition, asserting that on or about 3/28/19 the vi...

Excerpt: ...errogatory No. 17.1, to produce responsive documents, and for an award of monetary sanctions, is ruled upon as follows: Plaintiff concedes that it has not provided supplemental responses to Requests for Admission, Set Two, Nos. 163B-188, and corresponding Form Interrogatory No. 17.1. These requests relate to EPDM. Plaintiff asserts that it anticipates that responses to the Requests for Admission and Form Interrogatory No. 17.1 will be provided by...

Excerpt: ... (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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken." (Id.) "As a general rule in testing a pleading ag...

Excerpt: ...tained a traumatic brain injury as a result of the collision and currently has symptoms of a post-traumatic stress disorder. Counsel for Plaintiff and Defendant do not disagree about the necessity of a neuropsychological examination. Counsel simply disagree about the conditions that each side wants to impose on the examination. The Court met with counsel for an informal discovery conference on September 18, 2019. The Court begins by overruling th...

Excerpt: ... that were used during, and after, Serrato's employment with PDI, but the requests do not limit inspection to devices or cloud-based storage accounts that have been used in connection with Serrato's employment with PDI or whichcontain data relating to Serrato's employment with PDI. All of PDI's requests shall be limited to devices and cloud-based storage accounts that were used in connection with Serrato's employment with PDI or contain data rela...

Excerpt: ...imely filed. On 10/24/19, after this motion was filed, Defendant filed notice of an undertaking. Defendant urges the court to deny this motion on the ground that it was not served in accordance with the requirements of CCP §1005(b). Defendant's opposition addresses the motion's merits, and does not demonstrate any prejudice arising directly from the service issue. Accordingly, the court considers the motion on its merits. Cal.Labor Code §98.2(b...

Excerpt: ...or Fair Franchising v. Southland Corp. (2000) 85 Cal. App. 4th 1135.) In reviewing class settlements, the Court acts both as a neutral decision maker and as a guardian of the absent class members. (In re Warfarin Sodium Antitrust Litig. (3rd Cir. 2004) 391 F.3d 516, 534 ["the district court acts as a fiduciary who must serve as a guardian of the rights of absent class members"].) Class actions cannot be dismissed without Court approval. CRC 3.770...

Excerpt: ...ther, it is QUASHED. Tri-Center Health Center may produce its records related to Plaintiff in regards to August 13, 2018. Plaintiff has filed an action against Defendants alleging various causes of action related to injuries related to an allegedly defective food product she claims was sold to her by Defendants. In her First Amended Complaint ("FAC"), among other allegations, Plaintiff alleges, after purchasing the food product from Defendants sh...

Excerpt: ...motions for reconsideration. To the extent that they might be motions for reconsideration, the court exercises its discretion and will consider the motions on the merits. PLEADING SPECIFICITY A complaint must include "[a] statement of the facts constituting the cause of action, in ordinary and concise language." (CCP 425.10.) A complaint "ordinarily is sufficient if it alleges ultimate rather than evidentiary facts." It is adequate if the complai...

Excerpt: ...putes some of the facts in the Complaint but asserts no affirmative defenses. After Defendant failed to respond to Plaintiff's Requests for Admissions, the Court entered an order deeming the admissions admitted on March 14, 2019. STANDARD OF LAW FOR MOTION FOR JUDGMENT ON THE PLEADINGS A court may grant a motion for judgment on the pleadings "[i]f the moving party is a plaintiff," and "the complaint states facts sufficient to constitute a cause o...