Excerpt: ...ck by a boat while a paying visitor on property owned, leased, rented, managed, operated, possessed, and/or controlled by Defendants.” (Compl., pp. 4, 5.) As a result of the incident, she alleges she suffered severe injuries to her leg requiring medical intervention and resulting in permanent disfigurement, discoloration, and scarring. Pending is defendants' motion to compel plaintiff to respond to Request for Production of Documents (Set Three...

Excerpt: ...tion to the motion. Code of Civil Procedure § 598 provides that “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, … make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case .…” (Ibid.) Further, Code of Civil Procedure § 1048 provides that “[t]he ...

Excerpt: ...ned by the trial court.” (Getz v. Superior Court (2021) 287 Cal.Rptr.3d 722, 740.) Pending is petitioner's motion for attorney fees and costs. (See Gov. Code § 6259(d).) 1. Preliminary Matters Petitioner's request for judicial notice of Exhibits 1, 3, and 4 is granted. (Evid. Code § 452(d)(1), (h).) Petitioner's objection numbers 1–6 to the Declaration of Lynn Garcia, counsel for respondent, are overruled. 2. Attorney Fees Under the CPRA, �...

Excerpt: ...is bound by a written agreement to arbitrate. 1. LEGAL PRINCIPLES The California Arbitration Act (“CAA”), Code of Civil Procedure §§ 1280, et seq., sets forth “a comprehensive scheme regulating private arbitration in this state.” (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 9.) California has a “ 'strong public policy in favor of arbitration as a speedy and relatively inexpensive means of dispute resolution.' [Citations.]” (Ibid....

Excerpt: ...class and found that the class is sufficiently numerous and ascertainable to warrant certification for the purpose of approving the settlement. There is no reason for the court to reconsider its decision granting certification of the class. Therefore, the court intends to certify the class for the purpose of final approval of the settlement. 2. SETTLEMENT 2.1 Legal Principles “When, as here, a class settlement is negotiated prior to formal clas...

Excerpt: ...ing is the City's demurrer to the FAC. 1. STANDARD OF REVIEW A demurrer is directed at the face of the complaint and to matters subject to judicial notice. (Code of Civ. Proc. § 430.30(a).) “It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he describes the defendant's conduct. A demurrer tests only the legal sufficiency of the pleading.” (Comm'n on Children's Television...

Excerpt: ...ivil Procedure § 437c(h). That subsection provides: “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The application t...

Excerpt: ...thew Cossoul, and Matthew Cossoul, individually, commenced this action in October 2018. In 2019, Matthew and Nolann dismissed their claims to the complaint, with prejudice. As such, the only remaining cause of action is plaintiff's 1st C/A for negligence/premises liability/failure to warn. Pending is defendant Kirkwood Community Association's (“KCA”) Motion for Summary Judgment or Adjudication, made on the following grounds: (1) primary assum...

Excerpt: ...ell the Property by private sale. Pending is the Referee's report of sale and motion to confirm sale. The motion is opposed by defendant. 1. Laws Re: Partition and Sale of Real Property Notice of the sale must be given in accordance with Code of Civil Procedure (“CCP”) §§ 873.640 and 873.650, “which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the prin...

Excerpt: ...ng the litigation would be promoted thereby, … make an order … that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case .…” (Ibid.) Further, Code of Civil Procedure § 1048 provides that “[t]he 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 cause of action, ...

Excerpt: ...Vail”) at Vail's resort locations or mountain facilities in the United States, moves for an order provisionally certifying the settlement class1 and preliminarily approving the class Settlement Agreement resolving their claims under the federal Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et seq., and the laws of 16 states. A. SUMMARY OF CLAIMS For purposes of settlement, the parties have agreed to consolidate all claims to be resol...

Excerpt: ...rn, (2) dangerous condition of property (Gov. Code § 835), (3) negligence (Gov. Code § 815.2), and (4) negligent infliction of emotional distress/bystander liability. On June 12, 2019, Matthew and Nolann dismissed their claims to the complaint, with prejudice. As such, the only remaining cause of action is Tanguy's 1st C/A for negligence/premises liability/failure to warn. Pending are motions for summary judgment from the following defendants: ...

Excerpt: ...th leave to amend, Raley's demurrer and granted the motion to strike punitive damages from the Complaint, with leave to amend. Plaintiffs' First Amended Complaint (“FAC”), filed May 3, 2021, asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) retaliation, and (4) breach of the covenant of good faith and fair dealing. Pending is Raley's demurrer to the FAC and motion to strike puniti...

Excerpt: ...l Memorandum. The court notes there is very little change between the draft Memorandum that defendant sent to plaintiff and the final Memorandum. Although procedurally irregular, the premature filing does not appear to have affected the arguments made by plaintiff in support of her motion or defendant's arguments in opposition. As such, the court will proceed with consideration of the motion. “Except as otherwise expressly provided by statute, ...

Excerpt: ...on”). Pending is the Colorado Plaintiffs' motion to intervene pursuant to Code of Civil Procedure § 387 “to protect their interests, and those of the nationwide class and collective of current and former Vail employees they seek to represent in the Colorado Action.” (Mot. at 1:6–8.) The Colorado Plaintiffs request permission to file their Intervenors' Motion to Dismiss this action, without prejudice, pursuant to the “first filed” rul...

Excerpt: ...s against the moving defendants. 2. Defendants owed no duty to plaintiffs because any danger posed by the steps from which plaintiff Terri Haley fell was open and obvious. 3. Defendants owed no duty to plaintiffs because defendants had no notice of any falls or injuries caused by the landscaped stone pool steps. A. BACKGROUND This case arises from a “trip and fall” incident on October 13, 2017, at defendants' residence in El Dorado Hills, Cal...

Excerpt: ...A proof of service of summons was filed May 10, 2021, stating that Hall was personally served at a residence on Stockton Avenue in South Lake Tahoe on May 2, 2021. As defendant Hall challenges service, plaintiff bears the burden of showing that service was proper. (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1163.) The registered process server swore under penalty of perjury that she personally served Hall at 11:40 a.m. on May 2 at his residence in...

Excerpt: ... of justice, and on any terms as may be proper, allow a party to amend any pleading .…” (Code of Civ. Proc. § 473.) A trial court may allow the amendment of a pleading at any time up to and including trial. (Id. § 576.) “It is well established that ‘California courts “have a policy of great liberality in allowing amendments at any stage of the proceeding so as to dispose of cases upon their substantial merits where the authorization d...

Excerpt: ...d an order dismissing plaintiff's complaint on November 8, 2019. Judgment was entered in favor of defendant Tahoe Keys Property Owners Association on July 23, 2021. Pending is defendant's motion for attorney fees in the amount of $265,860 and costs in the amount of $1,155. Defendant also requests that the court add to the Judgment, nunc pro tunc, the principal sums of monetary sanctions still unpaid by plaintiff, with interest thereon from the da...

Excerpt: ...g plaintiff's counsel's motion to be relieved as counsel of record. On August 9, 2021, the court issued an ordering granting defendant St. Joseph's motion for summary judgment. Pending is the defendants Sierra Garden Apartments and Pacific Development Group's motion for summary judgment or, alternatively, summary adjudication. Plaintiff did not oppose the motion. STANDARD OF REVIEW The moving party bears the initial burden of making a prima facie...

Excerpt: ... verified responses were due on or about June 29, 2021. (Id., ¶ 3.) That deadline expired without plaintiff having served any responses or having requested an extension of time to respond. (Ibid.) While not required to meet and confer prior to filing the motion (Code of Civ. Proc. § 2033.280), defendant's counsel emailed plaintiff's counsel on July 8, 2021, to inquire about the status of the responses. (1 Burke Decl., ¶ 4 & Ex. B.) Plaintiff's...

Excerpt: ...rts. (Declaration of Justin P. Rodriguez in Support of Motion, Ex. C.) The matter was continued to January 22, 2021. In response to the court's order, plaintiffs' counsel sent additional correspondence to defendant's counsel in an effort to meet and confer. (Id., ¶ 4 & Exs. D, E.) Defendant's counsel did not respond. (Id., ¶ 4.) The matter was next on calendar January 22 and 29, 2021. In an order issued on January 29, 2021, the court granted ne...

Excerpt: ...and is based on the same or similar claims. On February 26, 2021, the court sustained defendant's demurrer to the original complaint, with leave to amend. Plaintiff timely filed a First Amended Complaint. The parties then stipulated to allow plaintiff to file a Second Amended Complaint. On June 18, 2021, the court sustained defendant's demurrer to the Second Amended Complaint, with leave to amend. Plaintiff's Third Amended Complaint (“TAC”), ...

Excerpt: ...swer states a defense is governed by the same principles which are applicable in determining if a complaint states a cause of action. [Citation.] “These well‐defined principles include the following: ‘A demurrer reaches only to the contents of the pleading and such matters as may be considered under the doctrine of judicial notice' [citations]; the allegations of the pleading demurred to must be regarded as true [citations]; a demurrer does...

Excerpt: ...2021, asserts causes of action for (1) disability discrimination, (2) failure to provide reasonable accommodation, (3) retaliation, and (4) breach of the covenant of good faith and fair dealing. Pending is Raley's demurrer to the verified complaint and motion to strike punitive damages from the verified complaint. A. DEMURRER TO VERIFIED COMPLAINT 1. Standard of Review A demurrer is directed at the face of the complaint and to matters subject to ...