Excerpt: ...nt Anne J. Levesque's mesothelioma. Plaintiff's Complaint, filed on December 1, 2017, pleaded seven causes of action for negligence, strict liability, negligent misrepresentation, fraud by nondisclosure, vicarious liability based on respondeat superior, premise owner/contractor liability, and loss of consortium. The Complaint also demands punitive damages. Defendant now seeks summarily judgment, or, in the alternative, summary adjudication of the...

Excerpt: ... truck. The complaint was not served on Martinez until 5/10/2019. On 5/15/2019 Martinez filed an answer in pro per. Martinez retained counsel and a verified answer to the complaint for defendant TSTT was filed on 8/28/2019. Defendants TTST and Martinez filed this motion for leave to amend answer on 10/4/2019. The proposed amended answer simply consolidates the respective answers filed by Martinez and TTST. The proposed amended answer is in all ot...

Excerpt: ...mplaint alleging the same causes of action. A second Amended Complaint was filed on 6/14/2019. Plaintiffs allege that they were working at a construction site when the elevated platform on which they were working collapsed, causing them to fall and sustain serious injuries. It is unclear from the complaint precisely what role the defendants had in causing plaintiffs' injuries, as defendants are not plaintiffs' employer. It appears defendants prov...

Excerpt: ... accounts. While the injunction is in place, should Defendant wish to make a withdrawal related to his services as medical director or for any other purpose, Defendant must first present the request to the full Board of Directors. Only upon written approval of the full Board of Directors may the withdrawal be made. The court does not impose as a condition of the preliminary injunction a bond or undertaking. (See CCP sec. 529(a).) In deciding whet...

Excerpt: ... equitable grounds even if statutory relief is unavailable." (Rappleyea v. Campbell (1994) 8 Cal. 4th 975, 981.) "One ground for equitable relief is extrinsic mistake-a term broadly applied when circumstances extrinsic to the litigation have unfairly cost a party a hearing on the merits." (Id.; see also Weitz v. Yankosky (1966) 63 Cal. 2d 849, 854-855.) In order to receive equitable relief for extrinsic mistake, the moving defendant must meet thr...

Excerpt: ... closing arguments made at trial readily support the jury's findings against defendant on the issues of whether substantial evidence supports the jury's verdict, and whether the specific amounts of damages awarded by the jury were excessive. In addition, the Court rejects defendant's assertions that new trial is warranted due to purported errors of law, orders of the court, or claimed abuses of discretion and irregularities in the proceedings, wh...

Excerpt: ...l, causing injury. Plaintiff subsequently brought this action against Defendant, who he alleges owns and operates the Altamont Landfill. Plaintiff's Complaint alleges three causes of action against Defendant - negligence, premises liability, and negligence per se - each of which sound in negligence and carry the elements of duty, breach, causation, and damages. Defendant now moves for summary judgment, arguing all of the Complaint's causes of act...

Excerpt: ...ial Interrogatory No. 19; Special Interrogatories, Set Three, Special Interrogatory No. 20; Special Interrogatories, Set Three, Special Interrogatory No. 21; and Special Interrogatories, Set Three, Special Interrogatory No. 22. The further responses must be served within 30 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. Defendant's primary argument in o...

Excerpt: ...duled for January 27, 2020. As noted in the moving papers, a motion for summary adjudication generally must be heard at least 30 days before trial. (See CCP sec. 473c(a)(3).) However, the Court for good cause can order otherwise. (See id.) Here, the Court finds several reasons constituting good cause for allowing the hearing on the motion for summary adjudication to be heard less than 30 days before trial. Defendants have provided evidence that t...

Excerpt: ...) on the grounds that Plaintiffs failed to timely file an amended complaint, failed to seek leave of court to do so after the permitted time expired, and failed to provide the Court with a valid reason for the delay. (See Ntc. of Mtn., p. 2; Def.'s Memo., pp. 3-4.) Defendants have submitted evidence that Plaintiffs failed to timely file their SAC after Defendants' demurrer to the First Amended Complaint ("FAC") was sustained, and that Plaintiffs'...

Excerpt: ...d to be heard in January of 2020. By providing an ample amount of time to amend, the Court is attempting to allow Plaintiffs the opportunity to prepare, file, and serve a single amended complaint that takes into account each of the orders on the various motions to strike, including this motion and the other pending motions. This action arises out of an alleged incident that occurred on a moving walkway installed at a supermarket by the Moving Def...

Excerpt: ...rosecuting Plaintiff as part of People of the State of California v. Harrison, Alameda County Superior Court case no. A132658 (the "Criminal Case"), which resulted in Plaintiff's conviction in 2011. Specially, in this civil action, Plaintiff alleges the Moving Defendants' prosecutorial conduct in the Criminal Case has violated Plaintiff's rights to a fair trial, due process, and a constitutional right to a speedy trial. The Moving Defendant now s...

Excerpt: ...Defendant argues the Courts of the State of Alaska would be a better jurisdiction for Plaintiff's claims to be heard. "Forum non conveniens is an equitable doctrine invoking the discretionary power of a court to decline to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere." (Investors Equity Life Holding Co. v. Schmidt (2011) 195 Cal.App.4th 151...

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: ...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: ...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: ...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: ...response to the Tenth Cause of Action or additional affirmative defenses related to the Tenth Cause of Action. Defendant is not permitted, at this time, to amend any other portion of her previously-filed Answer. "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 o...

Excerpt: ... rough approximation of plaintiff's total recovery and the settlor's proportionate liability, the amount paid in settlement, . . . a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial, . . . the financial conditions . . . of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants." (Tech-Bilt, Inc. v. Wo...

Excerpt: .... . . ." Defendant has not filed any opposition to the motion or made any argument contesting Plaintiff's right to recover principal in the amount of $2,898.00. (See CCP sec. 438.) Should Defendant submit a late-filed opposition, the Court exercises its discretion to disregard any such late-filed document. (Cal. R. Ct., Rule 3.1300(d).) Plaintiff's motion is GRANTED WITHOUT LEAVE TO AMEND. Although the motion also seeks costs pursuant to the Memo...

Excerpt: ...e policy favoring leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purposes of Plaintiffs' proposed amendment is to assert an affirmative defense based on waiver and estoppel. (See Dec. K. Jones, para. 7.) Trial in this matter is set for October 13, 2020, almost one year away. While Plaintiffs accuse Defendant of delay, the amount of time between the initial Answer and the filing of this mo...

Excerpt: ...(See CCP sec. 430.10(e), (f).) "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 a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true. . . ." (Del E. ...

Excerpt: ...ing OE3 as the ACMEA Union; (c) representing OE3 as the current representative of AMCA members regarding the terms and conditions of employment; (d) representing ACMEA and ACMEA members regarding corporate affairs, elections, and terms and conditions of employment, other than the notice of transfer of files and preservation of deadlines during the transfer; (e) obstructing ACMEA's demand to turn over files regarding representation of ACMEA member...

Excerpt: ...ndant's current responses to Form Interrogatory 17.1 to be incomplete (and possibly evasive) in that they are not responsive to the interrogatory and the requests for admissions that were actually posed. The interrogatory and corresponding requests for admission ask Defendant to state all facts regarding whether pilot salaries and pilot benefits had been invoiced "at cost" or "marked up." Defendant's responses merely reference certain sections of...

Excerpt: ... to determine the order of proof in the interests of judicial economy." (Grappo v. Coventry Financial Corp. (1991) 235 Cal.App.3d 496, 504.) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial . . . of any . . . issues . . . ." (CCP sec. 1048(b).) The "court may, when the convenience of witnesses, the ends of justice, or the economy and ef...