Excerpt: ...y Jail. Plain tiff avers he was using a walker to move from the bunk to the toilet when he slipped and fell on water leaking from the toilet/sink, causing him to fall to the floor. He claims to have suffered injuries as a result. This suit follows. Procedurally, two d ays before the County's motion for summary judgment, Plaintiff filed an amendment to the complaint naming two deputies for Does 1 & 2. (R. Aviles, A. Arrendondo) who then filed a...

Excerpt: ... Duty of L oyalty; 4) Fraud; 5) Slander Per Se (Civ. Code §46); 6) Interference with Prospective Economic Advantage; 7) Promissory Note; 8) Implied Contract. 5 -29 -24 Plaintiff's SAC: 1) Fraud; 2)Conversion; 3) Unjust Enrichment;4)Accounting; 5)Breach of Fiduciary D uties; 6) Involuntary Dissolution of LLC; 7) Appointment of Receiver; 8) Rescission of Operating Agreement; 9) Extortion; 10) Negligent Misrepresentation; 11) Negligence;12) Nuisanc...

Excerpt: ...ssed) Defendant: Charles Edwin Manning FAC filed 7 -15 -24: On 12 -11 -22 at approximately 3:26 a.m. Decedent was driving southbound on I -101, south of Cannon Rd in San Benito County when one or more eucalyptus trees fell or had fallen on the roadway. The Decedent's vehicle collided with the fallen tree(s) on the roadway, and as a result of the incident, the Decedent sustained injuries resulting in his death. This action follows. Plaintiff (Dec...

Excerpt: ...ourtroom Assist ant, Wendy Guerrero, at (831) 636 -4057 x129 or [email protected] with any objections or concerns. in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears r easonably calculated to lead to the discovery of admissible evidence.” (Cal. Civ. Proc. §2017.010.) An individual's medical records are protected by the constitutional right...

Excerpt: ...ntial. It must be of direct and immediate character such that the nonparty will either gain or lose by the direct legal operation and effect of the judgment. (People v. Sup. Ct. (Good) (1976) 17 Cal.3rd 732,737.) The statute is intended to promote fairness and ensure the maximum involvement of all interested and affected persons, as it protects the interests of others affected by the judgment and obviates delay and multiple suits. (Ibid.) Here th...

Excerpt: ...s to resolve t he case in its entirety, as to all causes of action and all parties to the case. A summary adjudication may address individual causes of action or as related to particular defendants, but the same underlying analysis and procedural requirements are impose d for both. Both motions are statutory in nature and authorized pursuant to California Code of Civil Procedure section §437c. As such both motions must follow the requirements of...

Excerpt: ...tion. Whil e agreeing to both the arbitration and the stay of proceedings pending arbitration, but notes that the current iteration of the agreement, as attached, states that the party filing the claim must select either JAMS or AAA as the administrator. Notably , AAA is more cost effective. Pursuant to AT&T Mobility, LLC. v. Concepcion (2011) 563 U.S. 33,347, fn 6, states must treat arbitration provisions as binding contracts, and a statute is ...

Excerpt: ...raining order f or a period of five years, including personal conduct orders, orders not to harass, strike, or threaten, disturb the peace , surveil, among other acts, the Plaintiff and other protected parties. Defendant was restrained from contacting the protected perso ns and ordered to stay 5 yards away from the protected parties, their home, workplace, vehicle, children's school or childcare, and the Petitioner is permitted to record all unl...

Excerpt: ...nd safety co ncerns. The proposed site of the development is adjacent to the TriCal industrial chemical plant. The Plaintiffs have requested certain public records regarding the development, related ballot initiatives regarding land use, and other communications regar ding the proposed project. Responding party denies the Plaintiffs' characterization of the requests for public records as “basic” and denies the assertion that they have withhel...

Excerpt: ...nses, interest as allowed by law, reasonable attorneys' fees, costs of suit, and any other relief the court deems just. The underlying facts are that the Plaintiff became owner of the written contract between Defendant and Plaintiff's assignor for the Defendant's purchase of a 2020 GMC Sierra 1500, as identified, including timely payment of all amounts due under the contract. Plaintiff is thus effectively the legal owner of the vehicle pursuant ...

Excerpt: ...quests by set and number.” (Cal. Rule of Court 3.1345(d).) Here, the motions fail to identify such information. Moreover, the separate statements fail to comply with Ca served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.” (Ibid.) The contents of the separate statement are to provide a summary of each relevant do cuments, including the ...

Excerpt: ...amen d the complaint to add a new cause of action without having obtained permission to do so, unless the new cause of action is within the scope of the order granting leave to amend. (Ibid.) The Third and Fourth Causes of Action are unrelated to an distinct from the other causes of action that were asserted in the original Complaint. They require different analyses of the facts, have different essential elements to establish a prima facie case, ...

Excerpt: ...oper, may allow the amendment of any pleading.” Once an answer has been filed, leave or court is required before an amendment to the pleading is allowed. The policy favoring liberal amendments is strong. (Mac v. Minassian (2022) 76 Cal. App. 5th 510.) Page 3 of 5 **Please contact Judicial Courtroom Assistant, Wendy Guerrero, at (831) 636- 4057 x129 or [email protected] with any objections or concerns. Here, the motion for leave to a...

Excerpt: ...ross of CA. (2016) 245 Cal App 4th 821, 834.) Because a demurrer only challenges the defects on the face of the complaint, it can only refer to matters outside the pleadings which are subject to judicial notice. (Tenet, supra, at 831.) When any ground for objection to a complaint…appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer ...

Excerpt: ...Inc. (1999) 20 Cal.4th 1135, 1145, citing Code Civ. Proc., § 128, subd. (a)(5).) Rule 1.10(b) of the Rules of Professional Conduct states,“(w)hen a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer and not currently represented by the firm, unless: (1) the matter is the same or...

Excerpt: ... the factual ac curacy or truth of the facts alleged. The court must assume the truth of all properly pled allegations. The process of a demurrer does not serve to test the merits of the Plaintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal. App 4th 821, 834.) Because a demurrer only challenges the defects on the face of the complaint, it can only refer to matters outside the pleadings which are subject to judicia...

Excerpt: ...the collec tion of money owed pursuant to a written credit card agreement. 9 -28 - 23 an unverified answer was filed with a general denial and numerous affirmative defenses. Argument: Plaintiff asserts that the Plaintiff issued Defendant a credit card pursuant to writ ten agreement on or about 9 -16- 2011. After using the card for a number of years, Plaintiff asserts that Defendant failed to make further payments after 7 -31 -2022, with an outs...

Excerpt: ...e the October 17, 20 23 order claiming that Defendant's exemption and redaction logs omitted “any of the information needed to justify a claim of exemption or privilege. There is no description of the documents; there is no explanation for why the claimed privileges and exemp tions apply to each document; there are thousands of emails on the logs (identifiable by the “.msg” ending to the file name) with no information on the sender and re...

Excerpt: ...oes not ser ve to test the merits of the Plaintiff's case. (Tenet Health System Desert Inc. v. Blue Cross of CA. (2016) 245 Cal App 4th 821, 834.) Because a demurrer only challenges the defects on the face of the complaint, it can only refer to matters outside the pl eadings which are subject to judicial notice. (Tenet, supra, at 831.) When any ground for objection to a complaint…appears on the face thereof, or from any matter of which the cour...

Excerpt: ...or Judicial Noti ce Defendant Agromin's Request for Judicial Notice of the transcript of the Deposition of Timothy Lee DeCarlo, submitted as Exhibit A to the Declaration of Frank Peretta, pursuant to Evidence Code §§452(d)(1) and 453, is GRANTED. As part of the Court's file, judicial notice may be taken of this transcript. However, though the existence of statements contained in a deposition transcript filed as part of the court record can be...

Excerpt: ...2,77.) The com plaint must sufficiently allege every element of the cause of action and state the Plaintiff's standing to sue to properly state a cause of action. (Shaeffer v. Califa Farms, LLC (2020) 44 Cal. App. 5th 1125, 1134.) The pleading must state ultimate facts which, when taken as a whole, apprise the Defendant of the factual basis of the claim. While the court must assume the truth of all facts properly pled, or judicially noticeable fa...

Excerpt: ...der Green (City of Hollister) Defendant: Dana Alden Fox, Alexander Green (Pedro Galvan) Other: California Insurance Co (Christopher Capalbo) This case arises from a motor vehicle collision occurring on or about April 30, 2018. While driving at night, in San Benito Co unty, when the Defendant Galvan, driving a backhoe tractor truck, owned by Defendant City of Hollister, was involved in the collision with Plaintiff's vehicle. This case follows. Pla...

Excerpt: ...n. 9 -7 -22 Complaint filed seeking damages, declaratory relief, injunctive relief, punitive, and exemplary damages, and other relief, based on the following causes of action: 1) Larceny; 2) Conversion; 3) Breach of Implied Covenant of Good Faith and Fair Dealing; 4) Breach of Fiduciary Duty; 5) Fraud and Intentional Deceit; and 6) Constructive Fraud. 10 -27- 23 First amended Complaint is filed seeking damages, declaratory relief, injunctive re...

Excerpt: ...hat t he parties acted with substantial justification. Page 2 of 5 **Please contact Judicial Courtroom Assistant, Wendy Guerrero, at (831) 636 -4057 x129 or [email protected] with any objections or concerns. Motion 2 Plaintiff's Motion to Strike Prel iminary Statement from ACCO Engineered Systems' Untimely Responses to the First Set of Special Interrogatories is DENIED. To properly respond to each discovery request, each answer or obj...

Excerpt: ...son most qual ified to respond to a discrete area of inquiry. While it is true that natural persons may only be deposed once without leave of court or consent of the deponent, governmental entities, such as Defendant are not natural persons. Moreover, the person most k nowledgeable is not deposed as a natural person, but rather as the voice of the entity in question, whether that be a corporation, an association, or as here, a governmental entit...