Excerpt: ...Civ. Proc. §§ 2030.260 subd. (a). 1010.6 subd. (4)(B).) The motion was filed prior to the date that the responses were due. Sutter health Sacramento Sierra Region's request for sanctions is GRANTED. (Code Civ. Proc., §§ 2023,010, subd. (h), 2033.280, subd. (b).) There is no substantial justification for plaintiff's filing this motion prior to the date the responses were due. Plaintiff shall pay defendant Sutter Health Sacramento Sierra Region...

Excerpt: ...efendant WUSD has provided adequate responses and proper objections to these discovery requests. Plaintiff's motion to compel further responses to special interrogatories, set two, from defendant WUSD is GRANTED IN PART. (Code Civ. Proc., § 2030.300.) While defendant WUSD's vague and overbroad objections are proper, a responding party must answer an interrogatory to the extent possible. (Code Civ. Proc., § 2030.220, subd. (b).) Accordingly, def...

Excerpt: ...tiz's request for judicial notice is GRANTED. (Evid. Code, §§ 452, 453.) Defendants' demurrer to plaintiffs' complaint is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiffs' complaint was timely filed under the Government Tort Claims Act, given the applicability of Emergency Rule 9. (Gov. Code, § 945.6, subd. (a)(1); Emergency Rule 9.) Further, plaintiffs have alleged statutory authority establishing liability for the City of Woodl...

Excerpt: ...4th 189, 198–199; Complaint, ¶¶ 4‐7, 46‐49.) Defendant General Motors LLC's demurrer as to the third cause of action for fraudulent inducement‐concealment is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has pled his fraud cause of action with sufficient particularity, given that he is asserting defendant's nondisclosure of information. (Alfaro v. Community Housing Improvement System & Planning Assn.,...

Excerpt: ...(p)(1).) Triable issues of material fact exist as to the amount of money that defendant owes plaintiff and whether the amounts on plaintiff's statement of account were sent to defendant. (Code Civ. Proc., §§ 337a; Trafton v. Youngblood (1968) 69 Cal.2d 17, 25; UMF 2‐4.) The Court does not consider the additional evidence attached to plaintiff's reply because it was not authenticated and plaintiff failed submit this evidence with its moving pa...

Excerpt: ... 438.) Plaintiff's third cause of action for fraudulent inducementconcealment is barred by the economic loss rule because plaintiff has failed to plead facts “demonstrat[ing] harm above and beyond a broken contractual promise.” (Food Safety Net Services v. Eco Safe Systems USA, Inc. (2012) 209 Cal.App.4th 1118, 1130; Complaint, ¶¶ 159‐ 179.) Absent allegations of affirmative misrepresentations, plaintiff's third cause of action does not s...

Excerpt: ...of the sixty‐day notice to quit (Exh. 1) is DENIED. (Evid. Code, § 452.) Plaintiff's objection to defendant's request for judicial notice of the sixty‐day notice to quit (Exh. 1) is SUSTAINED. (Evid. Code, §§ 452, 1200.) Plaintiff's request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).) Defendant Krista Mitchell's motion for summary judgment is DENIED. (Code Civ. Proc., § 437c, subd. (p)(1).) Defendant fails to establish...

Excerpt: ... discovery above the 35 statutory amount is necessary in this action. On July 16, 2020, defendant served unverified responses to form interrogatories, set one. As defendant prepared answers to the form interrogatories the motion for protective order is MOOT. Defendant shall serve plaintiff with the verification for the form interrogatories on plaintiff by August 11, 2020. Defendant served some responses to the request for special interrogatories,...

Excerpt: ...terial facts show that plaintiff cannot establish that defendant breached the contract/settlement agreement as a matter of law. (UMF 1‐130.) Plaintiff cannot establish a cause of action for breach of the covenant of good faith and fair dealing. “[a]bsent those limited cases where a breach of a consensual contract term is not claimed or alleged, the only justification for asserting a separate cause of action for breach of the implied covenant ...

Excerpt: ... amendment is necessary and proper, and why the request for amendment was not made earlier. (Cal. Rules of Court, Rule 3.1324(b); Dec. of Thomas, ¶¶ 1‐3.) Additionally, the proposed amendment fails to state a valid cause of action. (California Cas. Gen. Ins. Co. v. Sup. Ct. (1985) 173 Cal.App.3d 274, 280‐281 (disapproved on other grounds by Kransco v. Am Empire Surplus Lines, Co. (2000) 23 Cal.4th 390; Dec. of Thomas, Exh. 1; Settlement Agr...

Excerpt: ...s must show that as the director she specifically authorized, directed, or personally participated in the allegedly tortious conduct (United States Liab. Ins. Co. v. Haldinger‐Hayes, Inc. (1970) 1 Cal.3d 586, 595), or that she specifically knew or reasonably should have known that some hazardous condition or activity under her control could injure plaintiff, and that she negligently failed to take or order appropriate action to avoid the harm. ...

Excerpt: ... Exhs. C‐H.) The stipulation, paragraph 5, fails to cite any applicable Code of Civil Procedure and the provisions included in that paragraph appear to track Code of Civil Procedure section 2034.230, the initial disclosure not, section 2034.280 which provides for supplemental expert disclosure. It is also silent on the scope of the testimony of any supplemental expert. The focus of the stipulation concerns the re‐opening of discovery. (Dec. o...

Excerpt: ... judicial notice of the CHP report. Defendants have not identified which section of the Evidence Code would support taking judicial notice of the CHP report, and further, although existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable. (See Fremont Indemnity Co. v. Fremont General Corp. (2007...

Excerpt: ... negligence and negligence per se against defendant Washington Unified School District as a public entity. (Govt. Code, §§ 815, 815.6; Educ. Code, § 44807; M.W. v. Panama Buena Vista Union Sch. Dist. (2003) 110 Cal.App.4th 508, 518; C.A. v. William S. Hart Union High Sch. Dist. (2012) 53 Cal.4th 861, 877; see also Forgnone v. Salvadore Union Elementary School Dist. (1940) 41 Cal.App.2d 423, 425‐426.) Defendant's demurrer is GRANTED WITH LEAV...

Excerpt: ...ore v. Dickey (2015) 239 Cal. App. 4th 959, 966.) Dignity Health has shown plaintiff Rodriguez cannot establish actual agency or ostensible agency existed between Dr. Kayali and Dignity Health or between Dr. Erlich and Dignity Health. (Separate Statement of Undisputed Material Facts, p. 2‐3; UMFs 1‐9, 15‐18; Supplemental Separate Statement of Undisputed Material Facts, p. 2‐4; Supplemental UMFs 60‐63; Civ. Code, §§ 2299, 2300; see als...

Excerpt: ...to have discovered it is ordinarily a question of fact for the jury. (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, 1206‐1207; Bridgman v. Safeway Stores, Inc. (1960) 53 Cal.2d 443, 447.) If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rule of Court 3.1312 or further notice is required. ...

Excerpt: ...��10, Exhs. C‐H.) The stipulation, paragraph 5, fails to cite any applicable Code of Civil Procedure and the provisions included in that paragraph appear to track Code of Civil Procedure section 2023.230, the initial disclosure not, section 2023.280 which provides for supplemental expert disclosure. It is also silent on the scope of the testimony of any supplemental expert. The focus of the stipulation concerns the re‐opening of discovery. (D...

Excerpt: ... C. Alberson, Ph.D. is OVERRULED. Union Pacific and Brian Kline's evidentiary objections to Paxin's and defendant‐ crosscomplainant Granite Construction Company LLC's (“Granite”) evidence numbers 1 and 2 are SUSTAINED. (Evid. Code, § 1200.) Granite's objections 1‐9 to Union Pacific and Brian Kline's evidence are OVERRULED. Granite's motion for summary judgment or alternatively summary adjudication is DENIED. (Code Civ. Proc., § 437c, su...

Excerpt: ...p. (2015) 240 Cal.App.4th 22, 27, fn. 2 [taking judicial notice of the U.S. Department of Health & Human Services' report].) Therefore, respondent fails to cite adequate legal authority permitting judicial notice of such a document. Petitioner Richard Lauckhart's request for judicial notice is GRANTED. (Evid. Code, §§ 452, 453.) Respondent County of Yolo's demurrer to petitioner Richard Lauckhart's verified petition for writ of mandate is OVERR...

Excerpt: ... § 452; Code Civ. Proc., § 430.30, subd. (a).) Defendant Clark Pacific Corporation's demurrer or alternatively, motion to consolidate is OVERRULED as to the demurrer and GRANTED as to the motion to consolidate. (Code Civ. Proc., §§ 430.10, subd. (e), 1048.) The lead case will be CV CV 19‐644. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are j...

Excerpt: ...030.290, subd. (a).) However, defendant Sutter Health's objection that “a privilege log is unnecessary with regard to answering interrogatories seeking the identification of documents” is OVERRULED. (Best Products, Inc. v. Superior Court (2004) 119 Cal.App.4th 1181, 1191.) Best Products, Inc. v. Superior Court held that the existence of a document containing privileged information is not privileged, and interrogatories may be used to discover...

Excerpt: ...r, her dog, and her home. (Cross‐complaint, ¶¶ 15, 21, 27, 28, 36, 37, 43, 44, 55.) The cross‐complaint does not allege that cross‐ complainant should be reimbursed or held harmless based on cross‐defendant Pacific Bell Telephone Company's alleged actions. (Lab. Code, § 3864.) Further, the Court denies crossdefendants' request to issue an order severing the cross‐complaint. (Code Civ. Proc., § 1048, subd. (b).) Cross‐ defendants h...