Excerpt: ...ing leave to amend is strong. (See Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 760-761.) Here, the main purpose of Plaintiffs' proposed amendment is to add a cause of action for retaliation alleging she was forced to resign a faculty position by Defendant in retaliation for seeking to enforce her rights. Plaintiff does not seek to add additional defendants to the action. Trial in this matter has not yet been scheduled. Given the length of t...

Excerpt: ...e 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. Woodward-Clyde and Assocs. (1985) 38 Cal. 3d 488, 499.) The Court finds the settlem...

Excerpt: ... 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. Webb Corp. v. Structural Materials Co. (1981) 1...

Excerpt: ...endant's counsel 38.8 megabytes of digital images containing over 148 files of business records responsive to the request for production of documents at issue in this motion. (See Dec. C. Brose in Opp. to Motion to Compel Further Resp. to Doc. Prod., filed 10/17/2019 ["Dec. C. Brose"], para. 1, Exh. C.) This production was verified and was in addition to 1,100 pages of documents earlier served in this action. (Id. at para. 6.) Puzzlingly, Defenda...

Excerpt: ...opposition to this motion to compel its deposition. On October 17, 2019, Romesh Inc. did file a declaration in opposition to a separate pending motion to compel, but that declaration did not specifically address the deposition at issue here. (See Dec. C. Brose in Opp. to Motion to Compel Further Resp. to Doc. Prod., filed 10/17/2019 ["Dec. C. Brose"].) Accordingly, in the absence of any information to the contrary, the Court presumes Romesh Inc.'...

Excerpt: ... of action alleges that within the last four years Defendant became indebted to Plaintiff on an open book account for money due, and count 2 of the second cause of action alleges that within the last four years Defendant became indebted to Plaintiff because an account was stated in writing between the parties in which it was agreed that Defendant was indebted to Plaintiff. (Complaint, para. CC-1(a)(1), (2).) In the instant motion, Plaintiff intro...

Excerpt: ... Tejon Real Estate, LLC v. Los Angeles (2014) 223 Cal.App.4th 149, 156 [holding that a demurrer is properly sustained where a plaintiff "fail[s] to adequately plead exhaustion of administrative remedies."].) Here, Plaintiff admits the administrative process is ongoing in his FAC. (See FAC, para. 88 [discussing the "pending administrative proceedings"].) Administrative exhaustion is jurisdictional. (Campbell v. Regents (2005) 35 Cal. 4th 311, 321....

Excerpt: ...ted service. Service of summons can be completed by substituted service, whether the party to be served is an individual or an entity. (See CCP sec. 415.20.) However, if the party to be served is an individual, the plaintiff must demonstrate reasonable diligence in attempting personal service first, before substituted service on that defendant can be effective. (See CCP sec. 415.20(b).) Here, Defendant has submitted evidence that it is not a corp...

Excerpt: ...iff's request is DENIED AS MOOT. The parties appear to be in agreement that further responses to these interrogatories were served shortly prior to or on the same day as Dr. Ereso's opposition to this motion. (See Pltf.'s Reply, p. 1; Def.'s Sep. St.) If Plaintiff remains unsatisfied with Defendant's responses and further responses to these interrogatories, Defendant must first make attempts to reinitiate the meet and confer and Informal Discover...

Excerpt: ...n his motion, Plaintiff seeks a protective order under section 2025. 420, arguing he himself is not competent to testify, due to the injuries he suffered in the incident that is the subject of this lawsuit. Therefore, Plaintiff argues, the Court should issue an order preventing or limiting the other parties' ability to depose him. Evidence Code section 701(a) provides that "[a] person is disqualified to be a witness if he or she is: (1) Incapable...

Excerpt: ...e demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties." Here, on October 2, 2019, Plaintiff elected to file and serve a First Amended Complaint ("FAC") rather than oppose Defendant's pending Demu...

Excerpt: ...ction 25249.6; (C) the reimbursement for fees and costs to be paid to Plaintiff's counsel pursuant to the CJ is reasonable under California law; (D) the civil penalty of $2,500.00 to be paid pursuant to the CJ is reasonable based on the criteria set forth in Health and Safety Code section 25249.7(b); and (E) and the allocation of any additional settlement payments to Plaintiff is in the public interest as set forth in Code of Regulations, title 1...