Excerpt: ....) Plaintiffs' motion for leave to file a first amended complaint is GRANTED. (Code Civ. Proc., § 473.) Trial courts are vested with the discretion to allow amendments to pleadings in furtherance of justice. (Code Civ.Proc., § 473.) That trial courts are to liberally permit such amendments, at any stage of the proceeding, has been established policy in this state since 1901. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 488–489.) The fa...

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: ...rally prevents creditor from taking actions against property of the bankruptcy estate, the debtor and the debtor's property. The blanket injunction continues until a bankruptcy court order lifting the stay has been entered or the stay has been expired. (11 U.S.C. § 362; In re Mellor (9th Cir. 1984) 734 F.3d 1396, 1398.) Unless an exception to the stay applies, ‘[o]nce triggered by a debtor's bankruptcy petition, the automatic stay suspends any...

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: ...nt's, Alan J. Bornt's, and Mary Bornt's demurrer to all of plaintiff Timothy, Stewart & Lekos Seed Company's causes of action for failure to plead sufficiently alter‐ego liability is OVERRULED. Plaintiff has pleaded sufficiently underlying facts to establish the required prongs of alter‐ego liability. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 411; Complaint, ¶¶ 8‐ 12.) Defendants' demurrer to plaintiff's first cause of action for breach...

Excerpt: ..., §§ 2023.010, 2023.030.) The Court also declines to award defendant reimbursement for the claimed no show/cancellation fee, as defendant has failed to provide sufficient legal or factual support for the request. The monetary sanctions requested by plaintiff do not apply to discovery motions. (Code of Civ. Proc., § 128.5, subd. (e).) Finally, the Court declines to impose sanctions against defendant for unsuccessfully bringing a motion to compe...

Excerpt: ...antive responses to form interrogatories numbers 2.6, 6.3‐6.7, 8.1‐8.8, 9.1, 9.2, 10.1‐10.3, 11.1, 11.2 and 12.1 by June 15, 2020. Defendant The Regents of the University of California's request for sanctions is GRANTED. (Code Civ. Proc., §§ 2023.030, 2030.300, subd. (d).) Plaintiff shall pay defendant $900 by June 15, 2020. Plaintiff Danielle Kassalty's motion for protective order is GRANTED IN PART. (Code Civ. Proc., 2030.090.) The spec...

Excerpt: ...good faith and fair dealing, fourth cause of action for bad faith – failure to properly investigate, fifth cause of action for negligence, thirteenth cause of action for fraud/deceit: concealment, fifteenth cause of action for assault, sixteenth cause of action for battery, and seventeenth cause of action for false imprisonment is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Plaintiff has sufficiently alleged facts to support these cause...

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: ...auses of action is SUSTAINED WITH LEAVE TO AMEND. (Code Civ. Proc., § 431.10, subd. (e).) 2 of 2 Plaintiff fails to state sufficient facts to state a cause of action for declaratory relief, breach of fiduciary duty, or negligence against defendant. (Nally v. Grace Community Church (1988) 47 Cal.3d 278, 293; Code Civ. Proc., § 1060; Lockheed Corp. v. Continental Ins. Co. (2005) 134 Cal.App.4th 187, 221.) If no hearing is requested, this tentativ...

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: ...paragraph 38 are SUSTAINED for lack of personal knowledge and hearsay. (Evid. Code, §§ 702, 1200.) FCA US LLC's objections to the Declaration of Steve Mikhov, paragraphs 8 and 27‐37 are OVERRULED. FCA US LLC's evidentiary objections to the Declaration of Sepehr Dghighianin, paragraphs 4‐6 are OVERRULED. FCA US LLC's evidentiary objections to the Declaration of Sepehr Dghighianin, paragraph 8 is SUSTAINED. (Evid. Code, §§ 400 et seq, 702, ...

Excerpt: ...orious and cause for its denial…”].) Plaintiff is also reminded that a proper proof of service of the moving papers must be filed no later than five court days before the hearing. (Code Civ. Proc., § 1013a, subd. (1); Cal. Rules of Court, rule 3.1300(c).) Defendant The Regents of the University of California's requests for judicial notice are GRANTED. (Evid. Code, § 452, subd. (d).) Plaintiff's motion to quash subpoena duces tecum as to U.C...

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: ...irst cause of action for fraud is DENIED. (Code Civ. Proc., § 437c, subd. (f)(1).) There is a triable issue of material fact as to whether defendant knew and failed to disclose or intentionally misrepresented that the anchor tenant would not be able to perform under the lease agreement prior to the close of escrow. (Biakanja v. Irving (1958) 49 Cal.2d 647; Lingsch v. Savage (1963) 213 Cal. App. 2d 729, 735‐738; UMF nos. 1, 4,‐7, 9‐10, 14�...

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: ...ts of litigation are “merely incidental” to the cross‐complaint's causes of action. (Baral v. Schnitt (2016) 1 Cal.5th 376, 394.) Further, cross‐defendant does not establish that the seventh and eighth causes of action arise from the constitutional right of free speech in connection with an issue of public interest. (Code Civ. Proc., § 425.16, subd. (e)(4); Nygard, Inc. v. Uusi‐Kerttula (2008) 159 Cal.App.4th 1027, 1042.) As this first...

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...