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: ...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...

Excerpt: ... section 452 require s the Court to construe the allegations of pleadings liberally. (Porten v. Univ. of San Francisco (1976) 64 Cal.App.3d 825, 833.) In addition, in considering a Demurrer, the Court must accept as true all facts alleged in the Complaint. (Fundin v. Chicago Pneumatic Tool Co. (1984) 152 Cal.App.3d 951, 955.) As to the Fourth Cause of Action, Cross -Complainant has sufficiently pled facts to constitute a cause of action for wrong...

Excerpt: ...ry to its defense. (Rosenthal v. Great Western Fin. Securities Corp. (1995) 14 Cal. 4th 394, 413.) There is strong policy in favor of the arbitrability of contracts. (Eriksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak St. (1983) 35 Cal. 3d. 312, 323.) under both the Federal Arbitration act and the California Arbitration act, given the public policy objectives of the acts, "any doubts regarding arbitrability of a dispute are resolved i...

Excerpt: ...n 15 calendar days of this order. Defendant General Motors' Motion to Compel Defendant's Motion to Compel the Deposition of Plaintiff is DENIED. When a party is served with a deposition notice but fails either to appear for examination or to proceed with it, or to serve a written objection to the notice at least three calendar days before the scheduled date for the deposition, the party giving notice may move for an order to compel the deponent's...

Excerpt: ...emurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) The court does not look to a plaintiff's ability to prove the allegations in the complaint, or whether they will be able to make such proofs in assessing whether the complaint is legally sufficient. (Alcorn v. Anbro Eng'g, Inc. (1970) 2 Cal. 3rd 493,496.) A complaint "is suffic:ient if it alleges ulti...

Excerpt: ...sideration Defendant's Motion for Reconsideration is DENIED. A party may seek a reconsideration of a court's order or ruling within 10 days of the issuance of the order, on the basis that reconsideration is warranted by the discovery of new facts or new law. (Cal. Code of Civ. Proc. 51008.) There are no new facts or law presented in this motion, nor should the court exercise discretion to grant relief in the face of Defendant's ongoing failure to...

Excerpt: ...ndards Enforcement v. Davis Moreno Constr. Inc. (2011) 193 Cal.App.4th 560, 570.) Such a motion may be filed at any time. (See Manson, Inver & York v. Black (2009) 176 Cal.App.4th 36, 42.) However, a judge may deny the moton if the defendant has not exercised diligence in seeking relief after discovering the mistake and if the plaintiff has been prejudiced by the lack of diligence. (See Rappleya v. Campbell (1994) 8 Cal.4th 975, 983-984.) Here De...

Excerpt: ... Documents, Set One, on Caltrans. The requests at issue, generally, seek records and reports involving or occurring near the location of the incident that is subject to the current lawsuit. Caltrans replied to each request that, "despite a diligent search and reasonable inquiry into the requested documents, Defendant is unable to comply because the requested documents are not in Defendant's possession." Plaintiffs rely on the existence of a state...

Excerpt: ... 4th 758, 768.) Ordinarily, a request for the court to reconsider a prior decision must be made within ten days after the service of notice of the entry of the underlying order (CCPS1008(a).) However, this tme constraint is inapplicable when a party renews a motion or the court, sua sponte, reconsiders an order when there has been a change in law. Therefore, the court determines that based on the announcement of the decision in Garcia v. Superior...

Excerpt: ...ially and unilaterally scheduled, for October 13, 2022. Defendant served their objections to the foregoing on Plaintiff one day prior to the date scheduled for the deposition. Defendant objected to all of the areas of inquiry on the bases of relevance, over‐breadth, burdensomeness, privilege (attorney‐client), and trade secret information. On September 27, 2022, Plaintiff served Defendant by email with the Request for Production of Documents,...

Excerpt: ... would be produced, or are otherwise non-complaint. Similarly, Defendant requests monetary sanctions of $1800 pursuant to CCP §2023.010.2023.020. 2023.030, and 2033.290(c), representing the reasonable expenses including fees incurred as a result of non-compliant responses and the failure to meet and confer in good faith to informally resolve the dispute. In general, any party may obtain discovery by inspecting, copying, testing, or sampling docu...

Excerpt: ...e the court issued its order, the Objector has also failed to state new or different laws as a basis for the motion. In the absence of new or different facts, the motion for reconsideration must be denied. The Objector's motion to amend pleadings and set aside the order of May 26, 2022 pursuant to Code of Civil Procedure 473 is also DENIED. While the Objector is correct that the policy of the courts favors disposition of matters on their merits, ...

Excerpt: ...ncluding but not limited to the costs of his medical care, wage loss, and loss of earning capacity. (Complaint ¶¶ 7,8.) Based on the alleged damages Defendant subpoenaed records on February 7, 2022 from Marine Diving Solutions, LLC, the company which Plaintiff is both owner and employee. The subpoena was accompanied by a notice to consumer or employee and for objections. The Defendant received neither objections nor the requested documents by M...

Excerpt: ...earing date on the motion, which defeats the motion to deem admitted. (St. Mary's v. Superior Court (2014) 223 Cal. App. 4th 762, 776‐ 778.) Defendant's motion to be relieved from waiver of all objections for lack of timely response to discovery is GRANTED. Review of the correspondence recounting counsel's communication to extend time to respond to discovery shows an intent to stay formal discovery until thirty days (30) after mediation had occ...

Excerpt: ...nctions is denied. The court finds that the deponent and counsel acted with substantial justification and that monetary sanctions would be unjust. Although the substitution of counsel occurred on the eve of the deposition, Mr. Stockton was only given less than two full business days to respond with new dates. The evidence presented indicates that the witness was ill and therefore unavailable for the deposition. Finally, on multiple occasions, Mr....

Excerpt: ...ent. (See Medix Ambulance Serv. Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 118.) Regarding the Third Cause of Action, there is no private right of action for civilly enforcing Penal Code section 653.2. (See Cal. Penal Code §637.2.) As for the Fourth Cause of Action: False Light Invasion of Privacy, the words and phrases allegedly used by Defendant Resendiz are non‐actionable for purposes of this particular cause of action. False light �...

Excerpt: ... action were made without leave of court and beyond the scope of the order permitting leave to amend and Plaintiff failed to seek leave to amend beyond the scope of the order. For these same reasons, the Motion to Strike is GRANTED as to the newly named defendant, San Benito County Board of Supervisors. Demurrer The demurrer is SUSTAINED with leave to amend as to Plaintiff's Amended Complaint. Plaintiff must file and serve any amended complaint n...

Excerpt: ...p.3d 1071, 1081 (emotional and mental distress, pain and suffering, humiliation, and damage to reputation); Cooper v Jevne (1976) 56 Cal.App.3d 860, 871 (fraud); Shelton v Superior Court (1976) 56 Cal.App.3d 66, 82 (loss of consortium); Miller v Hoagland (1966) 247 Cal.App.2d 57, 60 (slander); Collins v County of Los Angeles (1966) 241 Cal.App.2d 451, 454 (false arrest and imprisonment); Tietz v Los Angeles Unified Sch. Dist. (1965) 238 Cal.App.2...

Excerpt: ...wing that a cause of action has not merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant...

Excerpt: ...ensome. Regarding Form Interrogatory No. 17.1, the court is not persuaded that a party is prohibited from asking a party to prove a negative. The language of Form Interrogatory essentially allows for that since the interrogatory allows one party to ask another for proof in support of a negative response to a request for admission. Regarding the claim that the requests seek to obtain trade secrets or attorneyclient privilege, the Defendants fail t...

Excerpt: ...ain a statement of facts constituting the cause of action, in ordinary and concise language (Cal. Civ. Proc. §425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) In determining whether a complaint states facts sufficient to constitute a cause of action, the judge may consider all material facts pleaded in the complaint a...

Excerpt: ... Medix Ambulance Serv. Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 118.) Plaintiff shall file any amended complaint within 20 days. Motion to Strike First amended complaint is stricken without leave to amend as to Defendants Velazquez and the City of Hollister. Defendants are entitled to mandatory attorneys' fees in the amount of $9,694.50. (Cal. Civ, Proc. §425.16(c)(1).) Plaintiff cannot amend the complaint to reallege the same cause of ...

Excerpt: ...Superior Court (2002) 97 Cal.App.4th 109, 118.) Plaintiff shall file any amended complaint within 20 days. Motion to Strike First amended complaint is stricken without leave to amend as to Defendants Velazquez and the City of Hollister. Defendants are entitled to mandatory attorneys' fees in the amount of $9,694.50. (Cal. Civ, Proc. §425.16(c)(1).) Plaintiff cannot amend the complaint to reallege the same cause of action against defendants after...