Excerpt: ...008) 166 Cal.App.4th 871, 893.) Further, on balance, the Court concludes that non‐party Rebecca Kozlowski's privacy interest in her financial documents is outweighed by the sought documents' direct relevance and unavailability through less intrusive means. (SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 754‐755; Barrett decl., ¶¶ 9‐12, Exhibits 8‐12.) However, the Court finds the requests overbroad as to time. (See...

Excerpt: ...WFB. (Code Civ. Proc., § 438, subd. (c)(1)(B); Drum v. San Fernando Valley Bar Ass'n (2010) 182 Cal.App.4th 247, 256‐ 257; Camacho v. Automobile Club of Southern California (2006) 142 Cal.App.4th 1394, 1399‐1403; Cel‐ Tech Commc'ns, Inc. v. L.A. Cellular Tel. Co. (1999) 20 Cal.4th 163, 180‐185; see also Le Francois v. Goel (2005) 35 Cal.4th 1094, 1108‐ 1109; TAC, ¶¶ 18‐40, 194.) Defendant Specialized Loan Servicing LLC's Motion in ...

Excerpt: ...te statement fails to: (1) provide the text of each response, answer, or objection; (2) provide a statement of the factual and legal reasons for compelling further responses, answers, or production as to each matter in dispute; (3) provide the text of all definitions, instructions, and other matters required to understand each discovery request and the responses to it; and, (4) set forth the text of other responses where the reasons a further res...

Excerpt: ...v. Proc., § 1048.) The Court finds that Case Nos. CV‐2018‐243 and CV‐2018‐1444 involve common questions of law and fact. (Ibid.) Specifically, in Case No. CV‐2018‐243, plaintiffs Capay Valley Floriculture, Casey Boosalis, Mara Getz, and Eric Parise's first amended complaint seeks relief for conversion of the same property identified in plaintiff First Centaur's conversion cause of action for Case No. CV‐2018‐1444. (Compare defend...

Excerpt: ...009) 171 Cal.App.4th 1356, 1384; SAC, ¶¶ 51‐53, 77‐85.) Further, plaintiff has adequately stated facts alleging “safety concerns posed by the vehicle.” (Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836; SAC, ¶¶ 16‐17, 36.) However, plaintiff's third cause of action is barred by the economic loss rule because plaintiff has failed to plead facts “demonstrat[ing] harm above and beyond a broken contractual p...

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: ...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: ...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: ...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: ...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: ...efendants have agreed to dismiss their first, sixth, eleventh, and twelfth affirmative defenses. Further, regarding the second, fourth, seventh, and tenth affirmative defenses, defendants' answer fails to state facts sufficient to constitute these defenses to the complaint. (Ibid; FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384; Metropolis Trust & Sav. Bank v. Monnier (1915) 169 Cal. 592, 596.) As to defendants' seventh affirmat...

Excerpt: ...plaintiffs Cesar Caballero and Miwok Nation (Tribe)'s objection to defendant's request for judicial notice exhibit 5 is OVERRULED AS MOOT. Plaintiffs Cesar Caballero and Miwok Nation (Tribe)'s request for judicial notice is DENIED. (Evid. Code, §§ 452, 453.) The proffered documents are not relevant to the Court's determination of the instant motion. (Rowland, supra, 4 Cal.4th at p. 268 fn. 6.) Therefore, defendant Robert Chavez's objections to ...

Excerpt: ...le outcome of the litigation is the determination that the disputed property is in fact Indian trust land. If that outcome is possible, then a state court is barred from assuming jurisdiction of the case.” (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1152.) In the case of section 1360(b) the concern is not whether a federal question exists that would allow a federal court to assume jurisdiction, but rather whether a dispute over Indian l...

Excerpt: ...al.App.3d 864, 872; Peterson v. Superior Court (1982) 31 Cal.3d 147, 160; Civ. Code, § 3294; Complaint, pp. 4‐5.) While “the act of operating a motor vehicle while intoxicated may constitute an act of ‘malice' under [Civil Code] section 3294,” plaintiffs have not alleged “circumstances which disclose a conscious disregard of the probable dangerous consequences” as required. (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892 & 899; D...

Excerpt: ...ions is GRANTED, in the amount of $660.00 against plaintiff Yeimi Lopez. (Code Civ. Proc., §§ 2023.010, 2023.030; Marques decl., ¶ 7.) Plaintiff has failed to provide evidence that the imposition of a sanction against her would be unjust. (Code Civ. Proc., § 2023.030, subd. (a); Johns decl., ¶ 3.) Given the relative simplicity of the motion, the Court finds the requested attorney's fees unreasonable. Therefore, the Court awards sanctions for...

Excerpt: ...c. (2009) 171 Cal.App.4th 1356, 1384; FAC, ¶¶ 50‐52, 77‐83.) Further, plaintiff has adequately stated facts alleging “safety concerns posed by the vehicle.” (Daugherty v. American Honda Motor Co., Inc. (2006) 144 Cal.App.4th 824, 836; FAC, ¶¶ 15‐16, 35‐36.) However, plaintiff's third cause of action is barred by the economic loss rule because plaintiff has failed to plead facts “demonstrat[ing] harm above and beyond a broken con...

Excerpt: ...gence, negligence per se, and negligent entrustment against defendant. (FAC, pp. 4‐7.) Further, plaintiff has alleged negligence by defendant to overcome the Graves Amendment. (49 U.S.C. § 30106, subd. (a); Defendant's RJN; FAC, pp. 4‐7.) Specifically, as to the fourth cause of action for negligent entrustment, a “rental car agency is prohibited from renting a car to an unlicensed driver, and must ‘make a reasonable effort' to determine ...

Excerpt: ...t is well established that a former employer may properly respond to an inquiry from a potential employer concerning an individual's fitness for employment, and if it is not done maliciously such response is privileged.” (Neal v. Gatlin (1973) 35 Cal.App.3d 871, 877; see also Civ. Code, § 47, subd. (c).) The FAC alleges that defendant's response to the inquiry from a potential employer was reckless and malicious. (FAC ⁋⁋ 58‐ 65.) Defenda...

Excerpt: ...dlord shall be precluded from recovering COVID‐19 rental debt in connection with any award of damages.” Rental Debt is defined in Code of Civil Procedure section 1179.02 subdivision (c) as “[u]npaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.” The covered time period is between March 1, 2020 and January 31, 2021. (Code Civ. Proc., § 1179.02, subds. (a).) In res...

Excerpt: ...2, Exhs. C‐ F.) County of Yolo's motion to compel further response to requests for admissions, set one, is DENIED. (Code Civ. Proc., § 2033.290, subd. (a).) The Court finds that plaintiff Virgrow Organics, Inc.'s supplemental responses were sufficient under the Discovery Act. County of Yolo's motion to compel further response to form interrogatories is GRANTED IN PART, only as to the request that plaintiff Virgrow Organics, Inc. produce suffic...

Excerpt: ... challenged for its fee award. With regard to the declaration of Raymond Boucher in support of plaintiff's motion for attorneys' fees, costs and expenses, the Court overrules objections 1‐2, 29‐39. The Court sustains objections 3‐28, 40. With regard to the declaration of Arielle E. Brown in support of defendant FCA's opposition to plaintiff's motion, the Court overrules all objections. With regard to the declaration of Arrielle E. Brown in ...