Excerpt: ...ioned Ricardo Alexander Ocampo, individually, and on behalf of all others similarly situated v. NorCal Beverage co., Inc., case No. 30-2021-01226173-CU-OE-CXC. is GRANTED. (Evid. code, S 452, subd. (d); RJN, Ex. A.) Defendant's request for judicial notce of plaintiff Ricardo Alexander Ocampo's first amended complaint is GRANTED. (Evid. Code, S 452, subd. (d); RJN, Ex. A.) Defendant's motion to stay is GRANTED. The Orange County Superior Court exe...

Excerpt: ...eminent domain action is DENIED as not relevant to a material issue before the Court. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422.) Plaintiff Sierra Northern Railway's moton for partial consolidation and phased trial is GRANTED IN PART and DENIED IN PART WITHOUT PREJUDICE. (Code Civ. Proc., S 1048; Cal. Rules of Court, rule 3.350.) This Court grants the moton to consolidate cases CV2022-0479 and CV-2022-1546 based upo...

Excerpt: ... of defendant's motion. (Code Civ. Proc., S 437c, subd. (q).) The Court rules upon defendant's motion for summary adjudication as follows: The Court GRANTS defendant's moton as to the first cause of action in the second amended complaint ("SAC") for disparate treatment. (Code Civ. Proc., S 437c, subd. (f)(l).) The Court finds that defendant has met its initial burden of negating an element of this cause of action — that plaintiff was performing...

Excerpt: ...l 2 court days required for electronic servicel.) This motion needed to be filed on or before February 16, 2023, but was not filed until February 24, 2023. This motion needed to be served on or before February 14, 2023, but was not served until February 24, 2023. If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notce is required. Sky Webb's mo...

Excerpt: ...st cause of action for harassment within plaintiff's verified second amended complaint (“SAC”) is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e); see Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The Court finds that plaintiff failed to exhaust administrative remedies as to Estrada. (Gov. Code, § 12960, subd. (c); Okoli v. Lockheed Technical Operations Co. (1995) 36 Cal.App.4th 1607, 1613; citing Martin v. Lockheed Mi...

Excerpt: ...herein. (Code Civ. Proc. § 437c, subd. (d); Evid. Code, §§ 403, subd. (a)(1) & (2), 702; see Tropeano Decl., ¶¶ 1 – 13.) The Court SUSTAINS plaintiff's objections 14 – 16 to the Declaration of Piero Tropeano on the ground the declarant failed to properly lay a foundation for/authenticate Exhibits B, C and E through G. (Evid. Code, §§ 403, subd. (a)(3), 1400; see Tropeano Decl., ¶ 14.) The Court SUSTAINS plaintiff's objection to Exhibi...

Excerpt: ...hicle that caused injury to plaintiff. (See Dodge Center v. Superior Court (1988)199 Cal.App.3d 332, 341; see also Blake v. Moore (1984) 162 Cal.App.3d 700, 706; CACI 724.) However, given Zipcar's concession, and plaintiff's argument that the requested documents could lead to the discovery of admissible evidence, Zipcar shall produce all documents regarding the termination of any Zipcar membership of any Zipcar member for violating Zipcar's polic...

Excerpt: ...ce. (Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 793.) Moving defendants have challenged jurisdiction by bringing a motion to quash. Plaintiff's opposition does not set forth that moving defendants were served by personal service, or that moving defendants were served by substitute service at any defendant's dwelling house, usual place of abode, or his usual place of business, or usual mailing address, or that moving def...

Excerpt: ...¶ 1‐13, Exs. A‐J; plaintiff's separate statement; Code Civ. Proc., § 2031.310, subds. (b)(1), (2).) Code compliance Plaintiff argues that this Court should compel further response to multiple requests for production on the basis that defendants' responses do not comply with the requirements of the Discovery Act. The instant motion to compel further response pertains to requests for production of documents served June 15, 2022 and demanding ...

Excerpt: ... to provide responses to form interrogatories – set one, and for sanctions; 2 of 3 • Motion to compel Shazia Jabeen to provide responses to special interrogatories – set one, and for sanctions; • Motion to compel Shazia Jabeen to provide responses to requests for production of documents – set one, and for sanctions; • Motion to deem admitted Muhammad Younas Malik's requests for admission, set one, to Ahsan Iqbal, and for sanctions; �...

Excerpt: ...s' Service (2000) 81 Cal.App.4th 39, 43; Aubry v. Tri‐City Hospital Dist. (1992) 2 Cal.4th 962, 967.) The Court finds that plaintiff has failed to state any facts regarding an interest claimed by RD 2035 that is adverse to plaintiff's ownership and possession of the subject property sufficient to constitute this cause of action. (Code Civ. Proc., § 760.010, et seq.; South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 740; see West v. J...

Excerpt: ...inds that: (1) plaintiffs have established every element of the fourth cause of action in plaintiffs' second amended complaint against National for negligence; and, (2) National has failed to show that a triable issue of one or more material facts exists as to this cause of action, or a defense thereto. (Code Civ. Proc., § 437c, subd. (p)(1); Civ. Code, § 1714; Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ladd v. County of San ...