Excerpt: ...that all categories within the subject subpoena are confidential; however, defendant has met its burden of showing that documents pertaining to plaintiff's wage and hour complaints made to prior employers are relevant to the present matter. (Cal. Const., Art. I, § 1; Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 35, 37 – 40; Williams v. Superior Court (2017) 3 Cal.5th 531, 552; Valley Bank of Nevada v. Superior Court (1975) 15...

Excerpt: ...City of Alhambra v. Superior Court (1980) 110 Cal.App.3d 513, 520; O'Connor v. McDonald's Restaurants (1990) 220 Cal.App.3d 25, 30; Felix v. Asai (1987) 192 Cal.App.3d 926, 932–933.) Plaintiff's motion to compel defendant's further responses to request for admissions, set one, is DENIED. (Code Civ. Proc., § 2033.290.) The Court finds that defendant's responses to requests 18, 22 and 23 comply with the requirements of the Code of Civil Procedur...

Excerpt: ...e overruled. A landlord is not liable for injuries resulting from third party conduct over which he has no control. (Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504, 512.) In determining whether a duty exists, the court analyzes multiple factors, including: social utility of the activity; risks of the activity; workability of a rule of care; persons involved and their relationship; financial considerations; moral considerations; prophylactic eff...

Excerpt: ... Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) The Court also finds that defendant's separate statement fails to comply with the California Rules of Court. (Cal. Rules of Court, rule 3.1345; Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) The Court finds defendant failed to: (1) provide the text of plaintiff's original responses; (2) pr...

Excerpt: ...sanctions of dismissing the action or entering default judgment are justified. (Code Civ. Proc., § 2023.030, subd. (d); Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796; Lopez v. Watchtower Bible & Tract Soc. of New York, Inc. (2016) 246 Cal.App.4th 566, 604 [discovery statutes evince an incremental approach, starting with monetary sanctions and ending with ultimate terminating sanction].) Defendant's request for evidentiary sanctions is GRANTED....

Excerpt: ...arch 9, 2020 is GRANTED IN PART. Plaintiff's request for issue sanctions is DENIED. A court may impose an issue sanction on a party who violates an order compelling discovery. However, the court's discretion must be exercised in a manner consistent with the basic purposes of such sanctions: to compel disclosure of discoverable information. Discovery sanctions cannot be imposed to punish the offending party 3 of 3 or to bestow an unwarranted “wi...

Excerpt: ...f action in defendant Thomas Rutaganira's (“Rutaganira”) cross‐complaint or (b) that Rutaganira's cross‐complaint does not state facts sufficient to constitute causes of action against plaintiff. (Ibid.) The stipulation, by its terms, does not bar the present action. (Plaintiff's RJN, Exhibit 2.) Moreover, the cross‐complaint asserts different causes of action than the unlawful detainer case and seeks to resolve different issues than re...

Excerpt: ...l resolution” of the discovery disputes prior to filing the instant motions. (Code Civ. Proc., §§ 2016.040, 2031.310, subd. (b)(2); Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1438; Clement v. Allegre (2009) 177 Cal.App.4th 1277, 1294; Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) Plaintiff's request for sanctions is DENIED. (Code Civ. Proc., §§ 2023.010, 2030.300, 2031.310.) Plaintiff was not successful in bringing ...

Excerpt: ...y of default when such a motion is brought within the time to file a responsive pleading or motion. (See Code Civ. Proc., §§ 412.20, subd. (a)(3), 585, 425.16; Kunysz v. Sandler (2007) 146 Cal.App.4th 1540, 1543 [noting that “the purpose of the anti‐SLAPP statute is to dismiss meritless lawsuits designed to chill the defendant's free speech rights at the earliest stage of the case.”]; see also Weitz v. Yankosky (1966) 63 Cal.2d 849, 854�...

Excerpt: ...13) 220 Cal.App.4th 217, 230‐231.) Plaintiff has failed to allege facts showing how, when, where, to whom, and by what means the representations were made. (West v. JP Morgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 793.) The demurrer is sustained with leave to amend as there is a reasonable possibility plaintiff could cure the defect by amendment. (Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967.) Defendants' demurrer to plain...

Excerpt: ...nded Complaint. The Supreme Court has extended absolute immunity to certain persons who perform functions closely associated with the judicial process. (See Cleavinger v. Saxner (1985) 474 U.S. 193, 200.) Judges (and by analogy, court personnel performing tasks integral to a judicial function) will not be deprived of immunity for conduct that was “was in error, was done maliciously, or was in excess of…authority,” but will only be deprived ...

Excerpt: ...tes an order compelling discovery. However, the court's discretion must be exercised in a manner consistent with the basic purposes of such sanctions: to compel disclosure of discoverable information. Discovery sanctions cannot be imposed to punish the offending party or to bestow an unwarranted “windfall” on the adversary. (Code Civ. Proc., § 2023.030, subd. (b); Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 793; Motown Record Corp. v. Superi...

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: ...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: ...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: ...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: ...�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...