Excerpt: ...ra 15 identified this motion. On 9/3/21, the CMC statement of PDG National at para 15 did not identify this motion. On 9/8/21, plaintiff filed a notice that PDG National had not opposed the motion. On 9/14/21, the parties appeared, and the Court set a briefing schedule. To date, no additional briefing has been received pursuant to said schedule. On 9/27/21, plaintiff filed a notice that PDG National had not opposed the motion. On 9/30/21, PDG Nat...

Excerpt: ...(Code of Civil Procedure ["CCP"] § 576; see also CCP § 473(a)(1) [allowing amendments to pleadings after notice to adverse party].) This Court should be "liberal in allowing the amendment of pleadings at any stage of the proceedings where the amendment does not cause prejudice to the rights of other parties." (McGuan v. Endovascular Technologies, Inc. (2010) 182 Cal.App.4th 974, 987.) Leave to amend should be granted unless there is "unwarrante...

Excerpt: ... B. Mitchell oppose the motion. In their reply brief, however, Plaintiffs concede that Questions 3, 4, 15, 17, 18, 19, 31, and 32 were satisfactorily answered during the deposition notwithstanding counsel's instruction not to answer. The Court accordingly considers the motion withdrawn as to those questions. Plaintiffs point to several questions to which the witnesses were instructed not to provide an answer on the grounds of irrelevance, specula...

Excerpt: ...tion. Defendants argue that inquiries into a treating physician's thoughts and opinions that were formed outside of Plaintiff's actual treatment are irrelevant as a matter of law when the treating physician has not been designated as an expert witness. (See County of Los Angeles v. Superior Court (1990) 224 Cal.App.3d 1446, 1455-1456 [vacating order compelling treating physicians must testify at deposition as to their present opinions of the medi...

Excerpt: ..., N.A. v. Superior Court of San Diego County (2019) 2019 WL 4309684 at *4; Tanguilig v. Bloomingdale's, Inc. (2016) 5 Cal.App.5th 665, 671.) A person asserting a claim on behalf of the LWDA under PAGA must obtain court approval for any settlement. Labor Code 2699(l)(2) states: "The superior court shall review and approve any settlement of any civil action filed pursuant to this part. ?The proposed settlement shall be submitted to the agency at th...

Excerpt: ...omplaint filed 8/26/21 alleges claims for (1) sexual assault/battery and for intentional infliction of emotional distress against nurses Fulgar R.N. and Jose, R.N. based on allegations that Fulgar touched Plaintiff's vagina under the pretense of taping her catheter. FIRST CAUSE OF ACTION - SEXUAL ASSAULT / BATTERY CACI 1300 and 1301 set out the elements of assault and of battery. The court disregards the references to the Penal Code and to federa...

Excerpt: ...aintiffs oppose. This matter first came for hearing on September 14, 2021. Plaintiffs argued that the Court should overrule the demurrer to the FAC's causes of action one through four and seven and eight. Defendants argued that the demurrer to the FAC's ninth and tenth should be sustained without leave to amend and the demurrer to the FAC's eleventh causes of action should be sustained. The Court considered those arguments and the authorities cit...

Excerpt: ...., Case No. CGC-18-568984), which, like this action, seeks only civil penalties on behalf of the state Labor and Workforce Development Agency pursuant to the Labor Code Privat Attorneys General Act of 2004 ("PAGA") (Lab. Code, §§ 2698 et seq.). Although filed in the Superior Court for the City and County of San Francisco, it is currently part of a coordinated proceeding, Mercy Housing Wage and Hour Cases (Judicial Council Coordination Proceedin...

Excerpt: ...record materials is outside the scope of discovery because not reasonably calculated to lead to the discovery of admissible evidence. But a party to an administrative record case may still use the Civil Discovery Act to discover materials if there is reason to believe they were omitted from or rightly ought to be included in the administrative record. Defendants argue that Requests 27-36 and 62-70 seek communications with Children's Hospital, dis...

Excerpt: ...aintiffs oppose. OVERVIEW OF ALLEGATIONS The FAC challenges that adoption of a county sales and use tax measure known as "Measure W" based on its designation on the 2020 general election ballot. Measure W allegedly received 358,123 voted in favor and 356,812 votes against. The County allegedly then declared that the measure had been passed and the tax would be adopted. Petitioners argue that Measure W is a "special tax" for purposes of California...

Excerpt: ...ubd. (f)(1).) There is one exception to this rule, contained in subdivision (t) of Section 437c. If the parties on both sides of the issue stipulate to an early resolution of a legal issue (or claim for damages) by the Court on a motion for summary adjudication, they may stipulate to such a motion being heard. (Id. at subd. (t)(1).) Before filing a motion under subdivision (t), the parties must file a "joint stipulation" accompanied by sworn decl...

Excerpt: ...which does not fully address the Court's concerns. First, the Court expressed concern that Plaintiff's counsel provided only an estimate of 566.3 hours of work on this case. The Court noted that this amount of hours is unusually high for a relatively straightforward PAGA action. The Court noted that Plaintiff's counsel's fee request was supported only by declarations conclusorily alleging that counsel's time was reasonably and efficiently incurre...

Excerpt: ...rnia Rule of Court 3.1350, subdivision (h). Although the motion was noticed, in the alternative, as one for summary adjudication, neither the notice nor the separate statement explicitly listed the issues for determination. (Cal. R. Ct. 3.1350, subd. (b).) Moreover, Levelset's motion was filed without any supporting affidavits, declarations or other evidence. "Code of Civil Procedure section 437c requires supporting declarations be filed in order...

Excerpt: ...osp. v. Mercury Constr. Corp. (1983) 460 U.S. 1, 24.) "California law, like federal law, favors enforcement of valid arbitration agreements." (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) The California Arbitration Act requires courts to enforce arbitration clauses. (Code Civ. Proc., §§ 1280 et seq.) California does not have a "policy compelling persons to accept arbitration of controversies which they hav...

Excerpt: ... The objections of defendants to portions of the declaration of plaintiff expert Michael Braun are OVERRULED. The objections of defendants to portions of the deposition of Rafael Cubero are OVERRULED. The Court's consideration of the evidence is limited to the motion for summary judgment and should not be construed as an indication of admissibility in future motions or at trial. BACKGROUND This is summary judgment, so the court takes all factual ...

Excerpt: ...change v. Superior Court (2004) 116 Cal.App.4th 446, 452; Ponderosa Homes, Inc. v. City of San Ramon (1994) 23 Cal.App.4th 1761, 1767-1768.) The Court may grant leave to amend to remedy any defects identified by a motion for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (h).) The Court may grant leave to amend to remedy any defects identified by a motion for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (h).) "Liberality...

Excerpt: ...Ms. Le and cut off Ms. Le. Ms. Ryles again followed Ms. Le and again cut off Ms. Le. When Ms. Ryles cut off Ms. Le the second time Ms. Ryles exited her car and took a photo of Ms. Le. Throughout the incident, Ms. Le's car was recording the incident. (PX 3) The day after the incident, Ms. Le reported the incident to the police. (PX 1, FI response 12.6) The Hayward Police cited Ms. Ryles for reckless driving under VC 23103(A). (PX 1, FI response 14...

Excerpt: ...n." (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) Defendant is a public entity and "A public entity is not liable for an injury arising out of the alleged act or omission of the entity except as provided by statute." (Govt Code 815.) Claims against public entities be specifically pleaded regarding the relevant statute or regulation. (Lehto v. City of Oxnard (1985) 171 Cal.App.3d 285, 292-293.) Claims against public entities must ...

Excerpt: ...here was a water incident at the property. The water damage was covered by the policy. Plaintiff promptly notified defendant. On 4/20/20, defendant assigned an adjuster to the claim. On 4/24/20, the adjuster inspected the property. On 4/28/20, the claim settled for approximately $20,000. The adjuster told plaintiff she needed to complete remediation within 30 days. On 5/30/20, plaintiff invoked insurance arbitration. As a result of COIVID complic...

Excerpt: ...Agency pursuant to the Labor Code Privat Attorneys General Act of 2004 ("PAGA") (Lab. Code, §§ 2698 et seq.). Although filed in the Superior Court for the City and County of San Francisco, it is currently part of a coordinated proceeding, Mercy Housing Wage and Hour Cases (Judicial Council Coordination Proceeding No. 5015). The coordinated action currently includes one other case, Freeman v. Mercy Services Corp., (Super. Ct. for Sacramento Cty....

Excerpt: ...opportunity to purchase the property. Mother and Father had two daughters - Plaintiff Lian and Defendant Leshing. Leshing has her own daughter - defendant Granddaughter Tao Yu. Daughter Lian asserts that in 1993 she gave money to Mother for the purchase of the property, that Mother bought the property, and that Mother held the property in trust for Daughter Lian. (Lian Supp Dec, para 23-28, 35.) Daughter Lian has not produced a written trust docu...

Excerpt: ...nction preventing a nonjudicial foreclosure sale by Defendant Cenlar Capital Corporation. (See Order of March 16, 2020.) That injunction and the passage of time have together mooted some of her original claims under HBOR. The HBOR provides that, before a foreclosure sale has been finalized, a borrower may bring suit to enjoin a lender's material violation of certain specified protections. (Civ. Code, § 2924.12, subd. (a)(1) [providing for pre-fo...

Excerpt: ...er a new trial date has been set." (Code Civ. Proc., § 2024.050, subd. (a).) When ruling on such a motion, the Court considers any relevant facts, including but not limited to (1) the necessity of, and the reasons for, the requested discovery, (2) the diligence of the party seeking the extension and the reasons why discovery was not completed earlier, (3) the likelihood that hearing the motion will result in delay of trial, (4) the length of tim...

Excerpt: ....] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.]" (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A special demurrer for uncertainty is strictly construed because ambiguities of pleading can be resolved through modern discovery procedures. (Chen v. Berenjian (2019) 33 Cal.App.5th 811, 822; Khoury v. Maly's of Cal., Inc. (1993) 14 Cal.App.4th 612, 616.) A demurrer for unc...

Excerpt: ...arties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute." (Miller v. Fortune Commercial Corporation (2017) 15 Cal.App.5th 214, 220, citing Aguilar v. Atlantic Richfield Co. (2001) 25 Cal. 4th 826, 843.) Summary judgment is proper only when "there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." (Code of Civil...