Excerpt: ...n for Negligent Hiring, Retention and Supervision WITHOUT LEAVE TO AMEND. Plaintiff may file and serve a Second Amended Complaint no later than Friday, March 19, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, March 2, 2021 unless, by no later than 4:00 p.m. on Monday, March 1, 2021 a party to the action notifies both (1) the Court by emailing [email protected], and (2) all opposing counsel o...

Excerpt: ...f Action for Rescission of Written Contract WITHOUT LEAVE TO AMEND. The Court GRANTS IN PART WITH LEAVE TO AMEND and DENIES IN PART Plaintiff's Motion to Strike. Defendant may file and serve an Amended Cross-Complaint no later than Friday, March 19, 2021. This tentative ruling will automatically become the Court's final order on Tuesday, March 2, 2021 unless, by no later than 4:00 p.m. on Monday, March 1, 2021 a party to the action notifies both ...

Excerpt: ... harassment claims against Defendant, his former employer. STANDARD OF LAW On a Motion to Seal Records under CRC Rule 2.551, the following rules from CRC Rule 2.550 apply: (d) Express factual findings required to seal records The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding inter...

Excerpt: ...aintiff's Second Amended Complaint ("SAC") alleges that in 2013, the Tang Defendants approached Plaintiff to enter into an oral partnership with them to purchase a property at 1800-1806 E. 24th Street, Oakland (the "Subject Property"), a four-unit residential rental property. The deal, regarding which the parties do not appear to dispute, was that Plaintiff would get a 25% ownership interest in the Subject Property and the Tang Defendants would g...

Excerpt: ...ions, and motions to compel discovery, for late submissions of expert lists, and to compel expert depositions, and to serve a demand for disclosure of experts, to exchange expert lists, to complete discovery, and to complete depositions of non-supplemental experts, prior to trial are hereby extended and will now be based on the new trial date. STANDARD OF LAW "To ensure the prompt disposition of civil cases, the dates assigned for a trial are fir...

Excerpt: ...ended responses have been served or will be served. Courtesy copies of the status report or reports should be emailed to Department 514 at the time of filing. If the parties are able to resolve their dispute, Plaintiffs should contact the Court promptly to take the motion off calendar. BACKGROUND Plaintiffs commenced this action on February 24, 2020 for alleged violations of the Song-Beverly Consumer Warranty Act, Civil Code section 1790, et seq....

Excerpt: ...later than thirty-five (35) days from the date of entry of this Order, unless the parties mutually agree in writing otherwise. This tentative ruling will automatically become the Court's final order on Friday, February 19, 2021 unless, by no later than 4:00 p.m. on Thursday, February 18, 2021, a party to the action notifies both: (1) the Court by emailing [email protected]; and (2) all opposing counsel or self-represented parties, tha...

Excerpt: ...action alleged in the Cross-Complaint are time-barred based on the 12/20/2019 date of filing of the Complaint in this action. However, the Court notes that, based on the allegations of Plaintiff's Complaint at ¶¶ BC-1 through BC- 4, Plaintiff's breach of contract action also appears to be time-barred pursuant to CCP § 337. Defendant may file and serve an amended Cross-Complaint no later than Tuesday, March 9, 2021. IF ANY PARTY WISHES TO CONTE...

Excerpt: ...eto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agre...

Excerpt: ...s: . . . [w]hen it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually," "[w]hen pecuniary compensation would not afford adequate relief," and/or "[w]here it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief....

Excerpt: ...ugh first noticed the deposition of Plaintiff for October 8, 2019, but took the deposition off calendar when Plaintiff failed to respond to written discovery. On September 30, 2020, McCullough served another deposition notice for October 27, 2020. On October 16, 2020, Plaintiff acting in pro per, canceled the deposition and stated she was unavailable. On November 16, 2020, McCullough served a third deposition notice for December 11, 2020, which w...

Excerpt: ...elected the proper venue." (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) MOTION TO TRANSFER VENUE Plaintiff Jack Steen ("Plaintiff") brought this action against Defendant, asserting claims of general negligence and premises liability based on a March 2, 2019 incident wherein an automatic door at the entrance of a Safeway store in Napa, California, automatically closed on him, striking his right shoulder and causing him to fall on ...

Excerpt: ...representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer." (Cal. R. Prof. Conduct, R. 4.2(a) [comments to rule states: "This rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is on...

Excerpt: ...eto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outlined by statute. (CCP § 1281.2.) The Court will not order arbitration of the controversy if: (a) the right to compel arbitration has been waived by the petitioner; (b) grounds exist for the revocation of the agre...

Excerpt: ...llegations 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.) 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 ru...

Excerpt: ...nserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defens...

Excerpt: ... in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or ...

Excerpt: ...he 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.) 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 ha...

Excerpt: ...atewide policy throughout California, knowingly and intentionally failed to provide "all working employees with suitable seats when the nature of the work reasonably permits the use of seats." (First Am. Compl. ¶ 9.) Plaintiff's Special Interrogatories seek information regarding the total number of potentially aggrieved employees in California as well as Citistaff's policies in regards to providing suitable seating to California employees. Plain...

Excerpt: ...e or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP ...

Excerpt: ... 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.) 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 demur...

Excerpt: ...ourt clerk entered the default of all three defendants. Defendants move to set aside the defaults pursuant to CCP §473(b). Defendant Moheb acknowledges service, but argues defendants' failure to respond was excusable, because Moheb retained David Wiseblood, after he was served, to contact Homestreet and negotiate a settlement, believing he was a licensed attorney. (Moheb Decl., par.3-4.) The evidence shows, however, that Moheb retained Wiseblood...

Excerpt: ...amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit." (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047, citing Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Plaintiff has demonstrated that she wishes to add new causes of action and defendants based on new information gathered during discovery. (Declaration of Rosann Torres at ¶¶ 2-5.) It is unclear to the court whether Defend...

Excerpt: ...entitled pursuant to Civil Code section 2924j(b). Under that statute, "[i]n the event there is no dispute as to the priority of the written claims submitted to the trustee, proceeds shall be paid within 30 days after the conclusion of the notice period." (Civ. Code § 2924j(b).) "If the trustee has failed to determine the priority of written claims within 90 days following the 30-day notice period, then within 10 days thereafter the trustee shall...

Excerpt: ... DENIED. MOTION TO COMPEL PLAINTIFF'S DEPOSITION APPEARANCE "If, after service of a deposition notice, a party to the action . . . without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the de...

Excerpt: ...ession, custody or control within twenty-one (21) days from the date of this Order. Defendant's Request for Sanctions is DENIED. MOTION TO COMPEL PRODUCTION OF DOCUMENTS "If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it . . . [the party] waives any objection to the demand, including one based on privilege or on the protection for work product[.]" (CCP § 2031.300 (a).) "T...

Excerpt: ...tentative is uncontested. STANDARD OF LAW A court may only award attorney's fees where authorized by contract, statute or law. (CCP § 1033.5(10).) "If the buyer prevails in an action under [the Song-Beverly Consumer Warranty Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to ...

Excerpt: ...o which the documents respond. Shelby's Request for Sanctions Against Plaintiff Lawrence Chaudhary ("Lawrence") and His Counsel in the Amount of $1,110.00 is GRANTED. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,110.00 is payable by Lawrence and his counsel to Shelby no later than thirty (30) days from the date of this Order. MOTION TO COMPEL On July 21, 2020, Shelby served Request for Production on Lawrence, with responses due August...

Excerpt: ...atewide policy throughout California, knowingly and intentionally failed to provide "all working employees with suitable seats when the nature of the work reasonably permits the use of seats." (First Am. Compl. ¶ 9.) Plaintiff's Special Interrogatories seek information regarding the total number of potentially aggrieved employees in California as well as Citistaff's policies in regards to providing suitable seating to California employees. Plain...

Excerpt: ...party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge,...

Excerpt: ...D IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,500.00 is payable by Bridger to Plaintiffs no later than thirty (30) days from the date of this Order. Plaintiff served Form Interrogatories (General) upon Bridger on July 27, 2020. Bridger served its responses on August 27, 2020. After this Motion was filed and after filing its opposition, Bridger has since provided a supplemental response to Form Interrogatory No. 17.1. Thus, t...

Excerpt: ... a threshold matter, Plaintiff's opposition to this Motion was untimely filed on October 30, 2020, when it was required to be filed no later than October 27, 2020. (CCP § 437c(b)(2).) Further, Plaintiff failed to provide a memorandum of points and authorities in support of her opposition. However, as SPI Defendants were able to substantively respond to Plaintiff's opposition, the Court shall consider the evidence presented by Plaintiff. Plaintif...

Excerpt: ... a threshold matter, Plaintiff's opposition to this Motion was untimely filed on October 30, 2020, when it was required to be filed no later than October 27, 2020. (CCP § 437c(b)(2).) Further, Plaintiff failed to provide a memorandum of points and authorities in support of her opposition. However, as SPI Defendants were able to substantively respond to Plaintiff's opposition, the Court shall consider the evidence presented by Plaintiff. Plaintif...

Excerpt: ...ntiff shall produce a copy of the banking documents to Tang Defendants at Plaintiff's expense, or (2) Tang Defendants shall send a copy service to Plaintiff's counsel's office to make copies at Tang Defendants' expense, but Plaintiff shall not charge for Plaintiff's counsel's time to supervise the copy service. Plaintiff's Request for Monetary and Evidentiary Sanctions is DENIED. As a threshold issue, Tang Defendants' opposition brief was untimel...

Excerpt: ...n conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-co...

Excerpt: ...D IN PART. IT IS FURTHER ORDERED THAT sanctions in the amount of $1,500.00 is payable by Bridger to Plaintiffs no later than thirty (30) days from the date of this Order. Plaintiff served Form Interrogatories (General) upon Bridger on July 27, 2020. Bridger served its responses on August 27, 2020. After this Motion was filed and after filing its opposition, Bridger has since provided a supplemental response to Form Interrogatory No. 17.1. Thus, t...

Excerpt: ...whether the complaint alleges facts sufficient to state a cause 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, however improbable...

Excerpt: ... 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.) 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...

Excerpt: ...uest for Monetary Sanctions is GRANTED. IT IS FURTHER ORDERED that sanctions in the amount of $1,170.00 is payable by Plaintiff to Safe Auto no later than thirty (30) days from the date of this Order. MOTION TO COMPEL Plaintiff filed this action on March 24, 2017, arising from a vehicle accident that took place on March 30, 2017. Plaintiff began proceeding in pro per on April 16, 2019, and Plaintiff served Defendants with the Complaint on Novembe...

Excerpt: ...eadlines in any future filings or the Court may not consider Plaintiff's papers in the future. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an orde...

Excerpt: ...hall file and serve any amended complaint. STANDARD OF LAW "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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be...

Excerpt: ... and may, on motion of either party after notice to the other party, set aside any void judgment or order." (CCP § 473(d).) MOTION TO VACATE ENTRY OF DEFAULT Plaintiff Hong Kong Longhigh Industrial Investment Co. Ltd. ("Plaintiff") filed this action against Samuel and Kontech USA, Inc. ("Kontech")-alleging that Samuel managed and operated Kontech-on February 5, 2020, asserting claims against Samuel for fraud - no intention to perform, fraud - co...

Excerpt: ...uding assault, battery intentional infliction of emotional distress), general negligence, and punitive damages. While the allegations are unintelligible in parts, the Court discerns the following: Plaintiff alleges that Defendant Robert Burns McCullough ("Robert Burns") was under the influence of Defendant William McCullough ("William"), Defendant's son, who allegedly physically and mentally abused Defendant, and his other son, Robert Joseph, who...

Excerpt: ...ccess to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Plaintiff seeks to seal confidential portions of its Answer to California...

Excerpt: ... 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.) 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...

Excerpt: ...h of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest." (CCP § 377.31.) "The person who seeks to commence an action or proceeding or to continue a pending action or proceeding as the decedent's successor in interest . . . shall execute and file an affidavit or a dec...

Excerpt: ... is a defendant's "burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that p...

Excerpt: ...fenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages . . . , or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs." (CCP § 437c(f)(1).) "A motio...

Excerpt: ...t." (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.) 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...

Excerpt: ...order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint. (CCP § 431.10(b).) MOTION TO STRIKE On December 20, ...

Excerpt: ...for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to m...

Excerpt: ...nd shall include all of the following: (1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property claimed. If the basis of the plaintiff's claim is a written instrument, a copy of the instrument shall be attached[;] (2) A showing that the property is wrongfully detained by the defendant, of the manner in which the defendant came into possession of the property, and, according to the best k...

Excerpt: ...o the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." (CCP § 1008(a).) "The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Id.) "A party filing a renewed application must, among other things, submit an ...

Excerpt: ...twenty-one (21) days from the date of this Order. STANDARD OF LAW "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists," except under certain situations outli...

Excerpt: ...rer and motion to strike. Plaintiff shall file separate responsive briefs to each of Defendant's motions in all future filings. STANDARD OF LAW "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.) The Court assumes...

Excerpt: ... 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.) 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 t...

Excerpt: ...tled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of produc...

Excerpt: ...le and serve the proposed Cross-Complaint without the Second Cause of Action for Quiet Title based on prescriptive easement no later than fourteen (14) days from the date of this Order. STANDARD OF LAW "A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint." (CCP § 428.50(a).) "A party shall obtain ...

Excerpt: ...ice states that the Motion was timely served via personal service. Accordingly, the Court shall consider the Motion on its merits. Gardiner also argues that Plaintiff's opposition was untimely as it was filed on September 16, 2020 when it should have been filed no later than September 14, 2020. However, Gardiner was able to substantively respond to the opposition, so the Court shall consider the opposition brief as well. MOTION TO COMPEL On Novem...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense...

Excerpt: ...rer and motion to strike. Plaintiff shall file separate responsive briefs to each of Defendant's motions in all future filings. STANDARD OF LAW "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.) The Court assumes...

Excerpt: ...otion Contesting Good Faith Settlement on September 10, 2020. Forni Defendants then filed an opposition to Aquino Defendants' on September 23, 2020. Finally, Aquino Defendants filed a reply in support of the Motion on October 5, 2020. As a threshold issue, Forni Defendants argue that the Motion filed by Aquino Defendants is untimely. "Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal servi...

Excerpt: ...plaint no later than fourteen (14) days from the date of this Order. STANDARD OF LAW "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.) The Court assumes "the truth of the properly pleaded factual allegations, fa...

Excerpt: ...rriding interest that overcomes the right of public access to the record; (2) [t]he overriding interest supports sealing the record; (3) [a] substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) [t]he proposed sealing is narrowly tailored; and (5) [n]o less restrictive means exist to achieve the overriding interest." (Cal. Rules of Court, Rule 2.550(d).) MOTION TO SEAL Defendant seeks to s...

Excerpt: ... finds the Stipulation of Settlement to be unambiguous. The net proceeds of the Hayward Property sale were to be held in escrow or a similar account for later division. (¶ 1.) The Lathrop Property would then be appraised, and the difference between the two properties' values ("the difference") would then be calculated. (¶ 2.) Charnjit would then be paid (or owe, as it turns out) half that difference to the escrow account. (¶ 4.) Robin is then ...

Excerpt: ...laintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of th...

Excerpt: ...ne "whether the complaint alleges facts sufficient to state a cause 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, however improb...

Excerpt: ...ief until after Siteworks filed a Notice of Non-Opposition on September 28, 2020. Accordingly, the Court shall not consider Plaintiff's untimely opposition papers. Siteworks makes this Motion to enforce the Court's previous order on November 19, 2019 compelling Plaintiff's responses to discovery requests served on August 23, 2019. (Declaration of Anna J. Niemann ["Niemann Dec."] ¶¶ 6-7, Ex. A.) On November 21, 2019, the Court ordered that "Plai...

Excerpt: ...tled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of produc...

Excerpt: ...ed this action against Union and other defendants on September 22, 2015. On April 7, 2017, Plaintiff filed an alleged proof of service stating that he mailed a copy of the Complaint and amended summons, and a case management order through certified mail on April 6, 2017. However, Union states that Plaintiff did not include with the mailing two copies of the notice of acknowledgment. (Declaration of David M. Fujimoto, Ex. B.) Union states that no ...

Excerpt: ... with Special Interrogatories, Set Two on May 12, 2020. After multiple extensions were granted on the basis that substantive responses would be provided rather than objections, responses were due July 14, 2020. However, on July 15, 2020, Plaintiff electronically served unverified responses with purportedly meritless objections. Plaintiff then served verifications on July 16, 2020. Plaintiff's counsel represented that the responses were untimely d...

Excerpt: ... STANDARD OF LAW "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.) The Court assumes "the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and...

Excerpt: ...y sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP § 2033.280(c).) "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to s...

Excerpt: ...laintiff's venue selection is not proper under any of the statutory grounds." (Id.) "In opposing the motion to change venue, '[t]he plaintiff may bolster his or her choice of venue with counter affidavits consistent with the complaint's theory of the type of action but amplifying the allegations relied upon for venue.'" (Id.) "The presumption is, in the absence of an affirmative showing in that particular, that the county in which the title of th...

Excerpt: ...of the opposition and reply briefs which were not timely scanned for consideration prior to the original hearing date. STANDARD OF LAW "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion i...

Excerpt: ... notice[.]" (CCP § 877.6(a).) "A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault." (CCP § 877.6(c).) To determine whether a settlement is entered into in good faith, the Court...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense...

Excerpt: ...shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (F...

Excerpt: ...han the date for filing an opposition to the demurrer or motion to strike." (CCP § 472.) "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading[.]" (CCP § 473(a)(1).) "[T]rial courts are to liberally permit such amendments, at any stage of the proceeding[.]" (Hirsa v. Superior Court (1981) 118 Cal. App. 3d 486, 488-89.) A court's discretion is usually exercised liberally to permit amend...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ...CKEN. The Court shall sign and enter Government Defendants' [Proposed] Order. STANDARD OF LAW "Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof[.]" (CCP § 435(b)(1).) "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . ...

Excerpt: ...triable issue of material fact and that he is entitled to judgment as a matter of law." (Aguilar v. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 850.) "That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon." (Id.) Further, "the party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of...

Excerpt: ...t must determine "whether the complaint alleges facts sufficient to state a cause 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, ...

Excerpt: ...ed by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection ...

Excerpt: ...lose Defendant's intent to apply the opposition to all three motions. Defendant shall comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "When an application for an order has been made to a judge, or to a court, and . . . granted . . . any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different...

Excerpt: ...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.) 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 g...

Excerpt: ...n or filed in conformity with the laws of this state, a court rule, or an order of the court." (CCP § 436.) An "irrelevant matter," or "immaterial allegation," means: (1) an allegation that is not essential to the statement of a claim or defense; (2) an allegation that is neither pertinent to nor supported by an otherwise sufficient claim or defense; or (3) a demand for judgment requesting relief not supported by the allegations of the complaint...

Excerpt: ...y sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220." (CCP § 2033.280(c).) "It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to s...

Excerpt: ...resolve the matter without having to resort to filing a cross-complaint. Defendant asserts that liability and the facts as to how the subject accident occurred and the fault of the parties involved are still contested. Defendant states that due to alleged obstruction by Plaintiff State Farm Mutual Automobile Insurance Company, and due to previously unknown facts, Defendant only now has grounds to file a cross- complaint. This Motion is unopposed....

Excerpt: ...Court. Plaintiff is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "The court may, upon a motion . . . or at any time in its discretion, and upon terms it deems proper: (a) [s]trike out any irrelevant, false, or improper matter inserted in any pleading[;] . . . [and/or] (b) [s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of thi...

Excerpt: ...f is advised to comply with all applicable Rules of Court and the Code of Civil Procedure in all future filings. STANDARD OF LAW "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.) The Court assumes "the truth of ...

Excerpt: ...o merit or that there is no defense to the action or proceeding." (CCP § 437c(a)(1).) "A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense...

Excerpt: ...e to the complaint." (CCP § 438(c)(1)(A).) "A motion by a plaintiff for judgment on the pleadings is in the nature of a general demurrer to the answer, and the motion must be denied if the answer raises a material issue or sets up affirmative matter constituting a defense." (Barasch v. Epstein (1957) 147 Cal. App. 2d 439, 442.) "Where the answer, fairly construed, suggests that the defendant may have a good defense, a motion for judgment on the ...

Excerpt: ...g party is statutorily authorized to recover his or her attorney's fees from the losing party, the lodestar method is the primary method for establishing the amount of recoverable fees." (Glaviano v. Sacramento City Unified Sch. Dist. (2018) 22 Cal. App. 5th 744, 750- 51.) "Under the lodestar method, the trial court must first determine the lodestar figure-the reasonable hours spent multiplied by the reasonable hourly rate-based on a careful comp...

Excerpt: ...." (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.) 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 ...

Excerpt: ...s, Special Interrogatories, Demand for Documents and Requests for Admissions that were served on October 29, 2019. Plaintiff's Motion for Sanctions is GRANTED IN PART. STANDARD OF LAW "[A] civil litigant's right to discovery is broad." (Yelp Inc. v. Superior Court (2017) 17 Cal. App. 5th 1, 15.) "[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if th...

Excerpt: ...shall grant if the court makes both of the following findings: (1) [t]he party has a substantial interest in the action as a whole[, and] (2) [t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation." (CCP § 36(a).) "The standard under subdivision (a), unlike under subdivision (d), which is more specific and more rigorous, includes no requirement of a doctor's declaration." (F...

Excerpt: ...g party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction[.]" (CCP § 2033.280(b).) "The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial complian...

Excerpt: ...ne "whether the complaint alleges facts sufficient to state a cause 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, however improb...

Excerpt: ..., Plaintiff seeks to depose FCA's PMQ, but FCA has refused to produce a witness until late 2020 and only with respect to noticed matters of examination 1 (service and warranty history and repairs for subject vehicle) and 2 (communications between the parties), of but not the remaining topics regarding communications with third parties about the subject vehicle, other 2015 Fiat 500E vehicles repurchased or replaced pursuant to lemon laws by FCA, s...