Excerpt: ...ablished rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory." (Easton v. Superior Court (1970) 12 Cal. App. 3d 243, 245-46.) Here, Defendant has established that the proper venue for the action is in Contra Costa County given that a...

Excerpt: ...intiff's venue selection is not proper under any of the statutory grounds." (Id.) "It is a long established rule that a motion for change of venue must satisfy two requirements: (1) It must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory." (Easton v. Superior Court (1970) 12 Cal. App. 3d 243, 245-46.) Here, De...

Excerpt: ...th 581, 596; (citing text); Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) The underlying complaint involves a claim for personal injury based on premises liability and negligence regarding an ankle injury due to Plaintiff tripping on debris and rubble on the walkway at Defendant's property. (Complaint at Pages 4-5.) Plaintiff seeks to add three unrelated causes of action for Breach of Contract, Breach of Quiet Enjoyment, Civil...

Excerpt: ...o substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The trial court also may consider matters of which it may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); City of Atascadero v. ...

Excerpt: ...icient responses and supplemental responses. The request to compel further verifications to discovery served on Walmart, Inc., Jessica Meadows and Jeff Cox is DROPPED AS MOOT in light of Plaintiff's representation in the reply papers that properly executed verifications were received. (Plaintiff's Reply at Page 10-16.) The court denies Plaintiff's request to deem the admissions at issue admitted by each of the Defendants. The notice of the motion...

Excerpt: ...trial court by focusing it on the facts essential to the resolution of the motion. It is not the presentation of all facts in a two column format. The court has considered all the evidence submitted. All objections to evidence are OVERRULED. Plaintiff made targeted objections. Defendants made objections to categories of evidence. The Court refers counsel to Demps v. San Francisco Housing Authority (2007) 149 Cal.App.4th 564, 578 fn 6, regarding t...

Excerpt: ...n to the motion. SEVENTH CAUSE OF ACTION In reviewing the First Amended Complaint, the court agrees that Plaintiff has not adequately alleged sufficient facts in support of its cause of action for Intentional Infliction of Emotional distress, which requires showing "(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's sufferi...

Excerpt: ...hose personal injuries a recovery is being sought except on a showing of exceptional circumstances." GOOD CAUSE FOR MENTAL HEALTH IME The court finds good cause for a mental health IME. Plaintiff has placed his current mental health in controversy. Doyle v. Superior Court (1996) 50 Cal.App.4th 1878, 1887, states: " The mental condition of a person who is suffering ongoing mental distress is clearly "in controversy" in an action seeking damages fo...

Excerpt: ...iff dismissed the claims against Hilary Altman. On 6/9/21, Hilary Altman' reply observed that although the Anti-SLAPP motion was moot, it was nevertheless relevant because the court must determine the merit of the SLAPP motion to determine whether Hilary Altman is entitled to reasonable fees under CCP 425.16(c). (Moore v. Liu (1999) 69 Cal.App.4th 745, 750-751.) The order of 6/16/21 directed the parties to meet and confer on the issue of fees in ...

Excerpt: ...e ASI's Election Code waives Plaintiff's right to challenge the election in court. The court has addressed this deficiency in detail in its prior orders on the other Defendants' demurrers. Plaintiff attached the Candidate Acknowledgement Form as Exhibit 1 to the original Complaint, but he did not attach it to the First Amended Complaint and instead alleges that he was unaware that when he executed the Candidate Acknowledgment Form that ASI and CS...

Excerpt: ...pra, 39 Cal.3d at p. 318, Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) The trial court may consider matters of which it may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) When ruling on a demurrer, it is improper for the court to consider extrinsic evidence. (See, e.g., Ion Equip. Corp. v. Nelson (1980) 110 Cal.App...

Excerpt: ...to all defendants. DEMURRER BASED ON APPLICABILITY AND CONSTITUTIONALITY OF C.C.P. 340.1 Defendant Oakland Unified School District ("District") and the individual defendants Ronald Solis, and Katherine McLane, demurrer to Plaintiff's First Amended Complaint on the grounds that expanded statute of limitations does not apply to situations where the repeated sexual assault was perpetrated by students and not "an employee, volunteer, representative, ...

Excerpt: ... records related to the Defendant's status as sole proprietors of the New Breach Company from 2014 to the present. In responding to the Request No. 6, Defendants indicated that they would produce the documents. Plaintiffs argue that the production is incomplete because Defendants have not produced their tax returns including Schedule C. Tax returns are generally considered privileged from disclosure. (Webb v. Standard Oil Co. (1957) 49 Cal.2d 509...

Excerpt: ... records related to the Defendant's status as sole proprietors of the New Breach Company from 2014 to the present. In responding to the Request No. 6, Defendants indicated that they would produce the documents. Plaintiffs argue that the production is incomplete because Defendants have not produced their tax returns including Schedule C. Tax returns are generally considered privileged from disclosure. (Webb v. Standard Oil Co. (1957) 49 Cal.2d 509...

Excerpt: ...to constitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. ) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (...

Excerpt: ... both in the products liability cause of action and in the claim for exemplary damages, referring to the Doe defendants generally as Defendants along with the other named defendants. In order to state a prima facie claim for punitive damages, a complaint must set forth the elements as stated in the general punitive damages statute, Civil Code section 3294. (College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory eleme...

Excerpt: ...nt must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The court may consider all material facts pleaded in the complaint and those arising by reasonab...

Excerpt: ...Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-67; Blank v. Kir...

Excerpt: ...Investigation Report dated March 2, 2018, including the approximate 30,000 emails, near verbatim transcripts/notes of witness interviews invoices and a spreadsheet listing people who had access to the applicable facility, among other documents, no later than August 31, 2021, in order to provide a further opportunity for this defendant to eliminate the prejudice caused by this spoliation of evidence. Additionally, the court hereby sets an ORDER TO...

Excerpt: ...ant Timothy Low, whose claims appear to be barred by the Government Tort Claims Act. The causes of action related to Mr. Low do not demonstrate either a special relationship, or a mandatory duty to disclose, either by statute or in common law. The claims are similar to Plaintiff's unsuccessful request for adjudication of its claims based on a failure to disclose raised in Plaintiff for Motion for Summary Adjudication, which this court denied. (Va...

Excerpt: ... plaintiff's cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proc. §?437c, subd. (p)(2).) Once defendant makes this showing, the burden shifts to plaintiff to show the existence of a triable issue of fact regarding the cause of action or defense. (Id.) "There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying...

Excerpt: ...stitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v....

Excerpt: ...stitute a cause of action upon which relief may be based. (Code Civ. Proc., § 430.10, subd. (e); Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238) The complaint must be "liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc. § 452.) The court gives the complaint a reasonable interpretation, and treats the demurrer as admitting all material facts properly pleaded. (Aubry v....

Excerpt: ...n ("Decedent") while at work at the Department of Industrial Relations, Division of Worker's Compensation. The complaint alleges that the decedent's suspicious death was related to the work she performed for her employer, the California Department of Industrial Relations. (Complaint at ¶10-23, 28-37.) Defendants' demurrer to the Complaint on the grounds that the workers compensation system provides Plaintiff with the exclusive remedy for recover...

Excerpt: ...ol during school hours. Plaintiff alleges that Defendant improperly called the police and reported that Plaintiff would not leave the Elementary school campus. (Complaint at 18-23) Plaintiff was arrested for violation of a court order by the police, off campus. Defendant then later sent an email to other individuals at the Livermore Valley Joint Unified School District stating that Plaintiff had broken a court order and was asked to leave "multip...