Excerpt: ...dds allegations regarding all of the Defendants save Kaiser Foundation Hospitals, Defendants are required to file amended answers. Defendants shall respond to the TAC, after it has been served, as provided by the Code of Civil Procedure. IT IS FURTHER ORDERED that Defendant Permobil, Inc.'s ("Permobil") motion for summary judgment or summary adjudication, which is based on Plaintiff's Second Amended Complaint ("SAC") and is currently scheduled to...

Excerpt: ...rogatories, Set No. 1, which were originally served on Defendant on May 29, 2019. The date for Plaintiff's compliance with this Order is 10 days from the date of service of notice of entry of this order, as modified for method of service under Code of Civil Procedure section 1013. In regards to Special Interrogatory No. 2, Defendant's present response is inadequate, as Defendant has made an insufficient attempt to discern the information requeste...

Excerpt: ...ne, the decision of the arbitrator is final and "shall" be confirmed by the court upon the petition or motion of a party to the arbitration, subject to the narrow exceptions set forth in Code of Civil Procedure sections 1286 et. seq. (See Moncharsch v. Heily & Blase (1992) 3 Cal. 4th 1, 11-12.) Here, although they have opposed the petition, Defendants/Cross-Complainants Mark Gimle and Tina Gimle ("Defendants") have not identified an exception und...

Excerpt: ...omplaint fails to state a cause of action upon which relief can be granted against Defendant Ukoha-Ajike. (See CCP § 430.10(e); but see Angie M. v. Sup. Ct. (1995) 37 Cal.App.4th 1217, 1227 ["Liberality in permitting amendment is the rule, if a fair opportunity to correct any defect has not been [previously] given."].) "A demurrer tests the legal sufficiency of the factual allegations in a complaint." (Redfearn v. Trader Joe's Co. (2018) 20 Cal....

Excerpt: ... "seek[] information protected by the work product doctrine." Although the parties resolved their disputes as to the other interrogatory responses, they did not resolve their disputes as to these, as to which the instant motion was timely served based on a written extension of time. Though there was an email requesting an informal discovery conference, Department 520 does not require such conferences. As to No. 12.5, the motion is GRANTED. Amtrak...

Excerpt: ...ns" was filed on April 23, 2018, attaching an "Amended Notice of Lis Pendens" recorded in the official records of Alameda County as instrument number 2018073458 on April 12, 2018. The amended notice refers to a prior instrument recorded on August 31, 2017, as instrument # 2017191876. The Lis Pendens and Amended Notice of Lis Pendens were recorded on behalf of Plaintiffs The Hutton Group, Inc. ("Hutton"), Endvest Holdings, LLC and Endvest, LLC ("E...

Excerpt: ...ice and Amended Proof of Service filed on June 19, 2019.) Despite such timely service, Defendant has not filed any opposition. Further, the motion makes a sufficient showing that WFB is entitled to judgment against Defendant on the two causes of action in the complaint filed by WFB on December 13, 2018. The First Cause of Action (breach of contract) alleges that WFB and Defendant entered into a written contract attached as Exhibit 1 to the compla...

Excerpt: ...discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case." (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855, 868.) "The showing should include some explanation of 'what additional facts [plaintiff] expects to uncover....'" (1-800 Conta...

Excerpt: ...9, but that they were rejected for lack of reservation number, which Defendants unsuccessfully requested on May 17, 2019. The brief delay in filing as a result of this difficulty does not appear to have affected Plaintiff's ability to prepare opposition on the merits. The same is true as to the objection based on email service. Though Plaintiff asserts the parties did not have an agreement to accept such service, and that the papers were not serv...

Excerpt: ...aragraphs are irrelevant and prejudicial, citing Evidence Code sections 1155 and 352. Were it not for the lack of relevance discussed below, the court likely would not exercise its discretion to strike these paragraphs based solely on sections 1155 and 352. Those statutes pertain to admissibility of evidence at trial rather than imposing a limit on what may be pleaded in a complaint. Further, section 1155 precludes evidence of insurance only "to ...

Excerpt: ...f Action for failure to prevent disability discrimination. Because summary judgment may be granted only if the moving party is entitled to judgment as to all causes of action, the court addresses the motion for summary adjudication as to each cause of action in turn. A. First Cause of Action This cause of action alleges that Roadrunner "discriminated against Plaintiff by terminating his employment because of Plaintiff's disability status." (Compl...

Excerpt: ...notice of motion was not specific as to the grounds on which the motion pertaining to Mr. Cuturic was based, "the supporting memorandum addressed the allegations as to Mr. Cuturic...." Thus, the court understood this to mean Mr. Cuturic was moving separately for summary judgment on all causes of action as to him. Nevertheless, because Plaintiffs argued at the hearing that the lack of specificity caused them to focus on Dr. James's asserted liabil...

Excerpt: ...: "All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section.... The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case...

Excerpt: ...ative defenses to the six causes of action in the complaint, including pleading "ultimate facts" (not just legal conclusions) supporting each affirmative defense and "refer[ring] to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished." (C.C.P. § 431.30(g); see also FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384 [affirmative defenses should be "averred as carefully...

Excerpt: ...t his address of record, and Plaintiff has not submitted any opposition. Further, the demurrer sufficiently demonstrates that Plaintiff's complaint, filed on April 19, 2019, does not state facts sufficient to constitute a cause of action on any of the three theories asserted in the complaint for all the reasons discussed in the demurrer and supporting memorandum, which cites legal authority supporting Defendants' arguments. Without limitation of ...

Excerpt: ...oherent and concise manner that allows the court or Plaintiff to identify the facts supporting each affirmative defense. Instead, they are in the nature of broad and general arguments about the claims. This does not comport with C.C.P. § 431.30(b), which states: "The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controverted by the defendant[; and] (2) A statement of any new ...

Excerpt: ...oticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision." The "good cause" required by the statute generally requires the plaintiff to show "that a defendant or witness possesses evidence needed by plaintiff to establish a prima facie case." (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855, 868.) "The showing should include some explanation of 'what a...

Excerpt: ...ing to keep two distinct and different transactions apart. In addition, consolidation could lead to prejudice for the parties as the juries form opinions arising from one transaction which includes additional third parties and transpose those opinions onto the second transaction which includes other and distinct third parties. PLEASE NOTE: The above tentative ruling will automatically become the court's final order on June 13, 2019, unless, by no...

Excerpt: ...5 Amador St., Hayward. Prior to the hearing, counsel shall telephonically confer to address, among other things, the court's following inclinations or observations about the disputes raised in the motion. (1) Plaintiff's opposition memorandum focuses largely on the asserted "tax return privilege" described in Webb v. Standard Oil Co. of Cal. (1957) 49 Cal.2d 509, 513- 514. This appears to be implicated as to RPDs Nos. 55 (which seeks the work pap...

Excerpt: ...ranted only if the entire "action has no merit" - i.e. where "there is no triable issue as to any material fact and ... the moving party is entitled to judgment as a matter of law" as to the entire complaint. (C.C.P. § 437c(a) and (c).) "On a motion for summary judgment, if a single issue of fact is found, the trial court is powerless to proceed and must allow such issue to be tried." (Lynch v. Spilman (1967) 67 Cal.2d 251, 271.) Because summary...

Excerpt: ...on (violation of Penal Code § 496) the demurrer is SUSTAINED, pursuant to C.C.P. § 430.10(e), WITH LEAVE TO AMEND to allege facts sufficient to constitute a cause of action for damages under Penal Code § 496, including facts to the effect that Cross-Defendants received property "that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained," or concealed, sold or ...

Excerpt: ...urrer sufficiently demonstrates that Plaintiff's complaint, filed on January 29, 2019, does not state facts sufficient to constitute a cause of action and is uncertain for all the grounds addressed in the demurrer and accompanying memorandum, which grounds are amply supported by the cited authority. (See Memo., pp. 1-15, and authority cited therein.) The court incorporates such arguments by reference herein instead of repeating them in their enti...

Excerpt: ...n was not specific as to the grounds on which the motion pertaining to Mr. Cuturic was based, "the supporting memorandum addressed the allegations as to Mr. Cuturic...." Thus, the court understood this to mean Mr. Cuturic was moving separately for summary judgment on all causes of action as to him. Nevertheless, because Plaintiffs argued at the hearing that the lack of specificity caused them to focus on Dr. James's asserted liability not on that...

Excerpt: ...court construes it as a motion to set aside entry of default rather than default judgment. The motion seeks to set aside the entry of default on three grounds: (1) it was entered through "extrinsic mistake as is set forth in the attached declaration of Cathy Perez, claims adjuster of Mercury Insurance"; (2) it is void based on a "questionable proof of service"; and (3) it is void based on the failure by Plaintiff Otis Duckett ("Plaintiff") to "fi...

Excerpt: ...as purportedly attached as Exhibit A. Exhibit A, however, did not contain responses to WFB's Requests for Admissions, Set One, which are the subject of the instant motion. (See Decl. of Shiv Samtani, Exh. A.) Defendant also filed a separate document on April 3, 2019, captioned as "Defendant's Responses to Plaintiff's Special Interrogatories, Set One." As stated in the court's order of May 15, 2019, those responses were to WFB's interrogatories ra...