Excerpt: ...ndation Health Plan v. Superior Court (2012) 203 Cal.App.4th 696, 704; citing Thurman v. Turning Point of Central Cal. (2010) 191 Cal.App.4th 53, 63.) Even “nonintentional torts” may form the basis for punitive damages when the conduct constitutes a conscious disregard of the rights or safety of others (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902; citing Peterson v. Superior Court (1982) 31 Cal.3d 147, 158.) “Nonintentional conduc...

Excerpt: ....) Plaintiff's motion to certify the subclass of non‐exempt employees of DD's Pizza who worked one or more work periods in excess of three and a half (3 ½) hours without receiving a paid ten (10) minute rest break during which the class member was relieved of all duties is GRANTED. (Code Civ. Proc., § 382.) Plaintiff has established the existence of an ascertainable and sufficiently numerous class, a well‐defined community of interest, and ...

Excerpt: ...168 Cal.App.3d 399, 404‐405; Code Civ. Proc., § 437c, subd. (c); see, e.g., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 [“In ruling on the motion, the court must consider all of the evidence and all of the inferences reasonably drawn therefrom…and must view such evidence and such inferences…in the light most favorable to the opposing party.”]; UMFs 5‐12, 14‐15.) Defendant's motion for summary adjudication as to the...

Excerpt: ... acceptance of such offers to defendants. (Code Civ. Proc., § 998, subd. (a); Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486, 491; State v. Agostini (1956) 139 Cal.App.2d 909, 915; Koehler decl., ¶¶ 3‐4, Exhibit 2.) Plaintiffs have failed to establish that entry of judgment should be entered nunc pro tunc to February 3, 2020. However, the Court enters judgment nunc pro tunc to October 6, 2020, as the accepted 998 offers were filed...

Excerpt: ...ns, LLC's articles of organization filed by the California Secretary of State is GRANTED. (Evid. Code, §§ 452, subds. (c), (h); 453.) Motions for summary judgment A moving defendant may obtain summary judgment by showing that an essential element of plaintiff's claim cannot be established. (Code Civ. Proc., § 437c, subd. (p).) A defendant does so by presenting evidence that plaintiff does not possess and cannot reasonably obtain needed evidenc...

Excerpt: ... (Nordstorm decl., ¶¶ 4, 16, Exhibit B, § 22.17.) Leisureville never agreed to a lower rental amount for rent due after the expiration of the 90‐day period. (Ibid.; see also Krogh decl., ¶¶ 7‐9.) Therefore, the Court orders plaintiff to pay the outstanding amount of $1,310.00 to Leisureville by no later than June 14, 2021. Based on plaintiff's declaration stating that he “will have fully vacated the property no later than the end of da...

Excerpt: ...ery obligations as well as this Court's order that she comply with her discovery obligations and pay monetary sanctions. (Mileikowsky v. Tenet Healthsystem, supra, at pp. 279‐280.) No lesser sanction such as striking pleadings or staying proceedings would be effective to obtain her compliance with her discovery obligations. It has become clear that Castellanos has no intention of answering discovery, filing papers, or complying with this Court'...

Excerpt: ...and as guardian ad litem for her natural child Logan Weishaar, and Micah Weishaar, or plaintiffs' counsel have violated. (Cal. Rules of Court, rule 2.30(c)(1).) Defendants have not established that plaintiffs violated this Court's order of November 12, 2020 which adopted the Tentative Ruling dated September 17, 2020 but inadvertently omitted an updated date by which plaintiffs were to pay sanctions to defendants. (Code Civ. Proc., § 177.5.) In a...

Excerpt: ...cial notice of exhibits 2‐88, as these documents are irrelevant to the Court's determination of the instant motion. (People v. Rowland (1992) 4 Cal.4th 238, 268 fn. 6.) Plaintiff ‘s demurrer as to defendants' first, seventh, ninth, and tenth is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.20, subd. (a).) As to the first affirmative defense (estoppel), defendants do not allege facts establishing the elements of equitable estoppel...

Excerpt: ...failed to state why the Court is permitted to take judicial notice of this document. (See, e.g., Evid. Code, § 452.) Defendant Alan Wei, an individual and dba Agri‐Analysis, LLC's request for judicial notice is GRANTED. (Evid. Code, § 451.) Defendant Alan Wei, an individual and dba Agri‐Analysis, LLC's special motion to strike plaintiff's entire complaint and all causes of action under Code of Civil Procedure section 425.16 is DENIED. (Code...

Excerpt: ...lication[ ] for the same order” as defendant's previous motion, defendant failed to submit an accompanying affidavit stating what application was made before, when and to what judge, and what order or decisions were made. (Graham v. Hansen (1982) 128 Cal.App.3d 965, 970; Code Civ. Proc., § 1008, subd. (b).) Further, defendant failed to file and serve the instant motion within two years after entry of a default judgment against him. (Code Civ. ...

Excerpt: ...n, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.020, subd. (a); see also Code Civ. Proc., § 2019.030.) Additionally, plaintiff has shown good cause justifying the production of the documents sought. (Code Civ. Proc., § 2025.450, subd. (b)(1).) The Court notes that the notice of deposition incorrectly refere...

Excerpt: ...compel further responses to form interrogatories, set one, and demand for inspection and production of documents and things, set one: Plaintiff's motion to compel further response to FROG 4.1 is GRANTED. Defendant has failed to set forth the efforts he made to obtain the information requested. (Devo v. Kilbourne (1978) 84 Cal.App.3d 771, 782‐783, superseded by statute on a different point.) Defendant has not explained why he would need to subpo...

Excerpt: ...) 15 Cal.4th 51, 64– 65.) However, plaintiff has failed to establish that the damages awarded were “certain, or capable of being made certain by calculation.” (Civ. Code, § 3287, subd. (a); Watson Bowman Acme Corp. v. RGW Construction, Inc. (2016) 2 Cal.App.5th 279, 293‐294.) Specifically, the issues of liability and damages were significantly intertwined, requiring the Court to make a judicial determination on amount of damages awarded ...

Excerpt: ...scribed in subdivision (e) of Section 1985.3, or by the consumer's written authorization to release personal records described in paragraph (2) of subdivision (c) of Section 1985.3.” (Code Civ. Proc., § 2020.510, subd. (c).) Second, plaintiff has not submitted proof that the following documents were served on defendant Presort Center of Fresno, LLC, Beekoz Direct Marketing, Integrated Voting Solutions, and Integrated Voting Systems as the cons...

Excerpt: ...quitable claims and try their unfair competition law claim first is GRANTED. (Code Civ. Proc., §§ 598, 1048.) “Generally, in mixed actions, the equitable issues should be tried first by the court.” (Darbun Enterprises, Inc. v. San Fernando Community Hospital (2015) 239 Cal.App.4th 399, 408–409 [“Darbun”]; Dills v. Delira Corp. (1956) 145 Cal.App.2d 124, 128– 129.) Indeed, California courts have found “that the better practice is f...

Excerpt: ... party. [Citations.] (Frio v. Superior Court, supra, 203 Cal.App.3d at p. 1498, 250 Cal.Rptr. 819.) Where, as here, there is no allegation of counsel's bad faith, a claim of inadequate verification is without merit. (Ibid.)” (League of Women Voters v. Fong (1992) 7 Cal.App.4th 649, 656.) In this case, plaintiff does not allege any bad faith on the part of defendant's counsel in verifying his client's answer. The Court finds that the ends of jus...

Excerpt: ...damages, issue of duty, or affirmative defense that is the subject of the motion. (Cal. Rules of Court, rule 3.1350(d), emphasis added.) Moving defendants Good2Go Health, Daniel Genovese, and David Genovese in their separate statement have identified five issues for adjudication, but their supporting UMFs are not tailored with respect to their identified issues. Moving defendant American Redstone dba LUX in its separate statement identifies four ...

Excerpt: ...urden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence.” (Code Civ. Proc., § 2017.020, subd. (a); see also Code Civ. Proc., § 2019.030.) Plaintiff has shown good cause justifying the production of the documents sought. (Code Civ. Proc., § 2025.450, subd. (b)(1).) The deposition, on all categories set forth in plaintiff's notice of depos...

Excerpt: ... of the University of California's motion for summary adjudication as to the first cause of action for violation of the California Disabled Persons Act is GRANTED. (Code Civ. Proc., § 437c, subds. (f)(1), (p)(2).) Defendant has shown that plaintiff cannot establish an essential element of her first cause of action: that she was disabled. (Civ. Code, § 54, subd. (a), 54.6; Gov. Code, § 12926; Cal. Code Regs., tit. 2, § 11065, subds., (d)(8), (...

Excerpt: ...1) 231 Cal.App.3d 457, 468–469; Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540, 549 [33 Cal.Rptr.2d 646, 650] disapproved on other grounds by Black Sky Capital, LLC v. Cobb (2019) 7 Cal.5th 156.) Plaintiff Cavalry SPV I, LLC's unopposed motion for judgment on the pleadings is GRANTED on the grounds that the complaint states facts sufficient to constitute plaintiff's first and second causes of action against the defendants and...

Excerpt: ...�Clyde & Associates (1985) 38 Cal.3d 488, 499.) Given the conflicting declarations of Mr. Melcher and Mr. Braun, Granite has failed to make an evidentiary showing that the proposed settlement is within the “ballpark” of Granite's proportionate liability. (Mattco Forge, Inc. v. Arthur Young & Co. (1995) 38 Cal.App.4th 1337, 1350‐1352 [“Mattco”]; Krenzin decl., ¶ 13, Exhibit I; Swadley decl., ¶ 8, Exhibit 6.) While Granite does not need...

Excerpt: ...aintiff's evidentiary objections to unnumbered paragraphs 2 and 3 of defendant Alan Wei's declaration. The grounds for a motion to strike must appear on the face of the challenged pleading or from matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437, subd. (a).) The challenged paragraphs do not constitute a valid basis for this Court to grant defendant's motion to strike. Defendant Alan Wei's motion to strike pl...

Excerpt: ...tablished that the parties met and conferred in good faith. (Code of Civ. Proc., § 2025.450, subd. (b)(2).) Actual damages are claimed in the complaint. Plaintiff should know the extent of actual damages caused by defendant's alleged conduct in violation of the CC&Rs and the nuisance cause of action. Defendant's discovery request seeks relevant documents and defendant is entitled to discovery regarding evidence of those claimed actual damages. T...

Excerpt: ...judicial notice of “non‐exclusive right of way” language contained in exhibits 3‐5 because the legal effect of this language is not clear from the face of the documents. (Scott, supra, 214 Cal.App.4th at p. 755; StorMedia Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9.) Therefore, to the extent that the Court declines to take judicial notice of the requested documents, defendants Kresta Daly and Don Hutchins' objections to plain...