Excerpt: ...im, upon which his motion is based, is highly unlikely. In light of the fact that the proposed relief, halting Defendants' operations and management of the facility, is a substantial change in the status quo, the balance of the hardships does not favor the Plaintiffs. The request for a Temporary Restraining Order is DENIED. The Plaintiffs' request for temporary order is grounded in his claim that Defendants are trespassing. The elements of trespa...

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: ...been filed. The motons are GRANTED. Generally speaking, all forms of written discovery are due within thirty days. (CCPSS2030.260, 2031.260, 2033.250(a).) The time to respond is automatically extended by two days based on electronic service, (CCPS1010.6.) or five days based on service by postal mail. (CCPS1005.) A failure to provide a timely response to a discovery request authorizes a motion to compel responses. Service of untimely response does...

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: ...04. The building rented to various tenants conducting various businesses on the premises. Plaintiff's father had purchased an insurance policy with Allstate Insurance through a local insurance broker, BishopLusink Insurance Agency which covered the premises. Plaintiff maintained this policy without alteration after the close of escrow and thereafter. Subsequently, on July 12, 2020, Plaintiff's building caught fire resulting in substantial damage ...

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: ...icial notice pursuant to Ev. Code §§452(h), 453. The Court noted that Defendant, City of Hollister, was the prevailing party, including on appeal. The Defendant's entitlement to prevailing party attorney fees was thus supported by a straightforward analysis based on the clear language of the attorney's fees provision in the subject Annexation Agreement as well as the mandatory reciprocal fees language found at Civ. Code §1717. The Court must l...

Excerpt: ...oore1 was removed as trustee of the Frank Sanchez Living Trust (hereafter, the Trust) in 20172 . Subsequently, Mary filed a new civil complaint on 5‐12‐22 alleging she was not properly compensated for her prior work as the Trustee of the Trust, and raising additional issues relating to the internal administration of the probate trust. Defendant argues that their demurrer to the Plaintiffs causes of action should be sustained because there is ...

Excerpt: ...e Plaintiffs, but entry of the same was stayed to allow the Defendants to complete the terms of the agreement as defined in paragraphs 4‐8, inclusive, of the stipulation. The parties reserved the court's jurisdiction to set aside the dismissal and enter judgment upon a showing that Defendants failed to complete the terms of the settlement. The Plaintiff now asserts that Defendant has defaulted on the parties' written settlement agreement. On Au...

Excerpt: ...tlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bot...

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: ... 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: ...ttlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bo...

Excerpt: ...uses of action for both General Negligence, and Premises Liability, alleging negligence and willful failure to warn, and claims that that Van Unen was an employee of the Defendants, that he was intoxicated at the time of the incident, that the golf cart which struck him on was owned by the Defendants, and that they and each of them ratified Van Unen's presence and use of the golf cart on 9‐14‐19. Defendants, except Van Unen, collectively move...

Excerpt: ...iff then attempted to file an Answer on April 26, 2021, which was stricken by court order on 11/09/2021. (Court file, Order Striking Answer file stamped November 9, 2021.) Plaintiff and Cross‐Defendant LCR Asset Management, LLC, has now moved to set aside entry of default. Code of Civil Procedure section 473(b) states there is a six‐month window in which a party may seek to set aside a default or other order entered against a party due to tha...

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...