Excerpt: ......

Excerpt: ...ch to predicate Be dolla and City's alleged liability for negligence. Bedolla demurs to the SAC's second cause of action for negligent interference with prospective economic relations on the grounds that the second amended complaint fails to allege the existence of a business relationship between Plaintiffs and their commercial landlord Jospeh Sanchez containing the probability of future economic benefit to Plaintiffs in the form of fire insuranc...

Excerpt: ...the face of the Resolution of Necessity pursuant to Code of Civil Procedure section 1245.230, subdivision (a). Specifically, the court found that the Resolution of Necessity failed to identify the statute giving Plaintiff authority to condemn. The court construes the October 10, 2024 ruling “dismiss[ing] the case without prejudice” to be a conditional dismissal as set forth in Code of Civil Procedure section 1260.120, subdivision (c)(2). (See...

Excerpt: ...torney work -product doctrine. The privilege log shall provide a specific factual description of each document sufficient to substantiate the claim of privilege. The motion to produce additional substantive responses and to produce documents is GRANTED as to Request No. 41 and DENIED as to Request Nos. 1, 3, 5, and 6. Plaintiff is ordered to produce a further response to Request No. 41, and documents responsive thereto, no later than 14 calendar ...

Excerpt: ...ndant School District had notice of unspecified bullying and intimidation somewhere on the school grounds at some unspecified time and notice that unsupervised trips to the restroom required the minor plaintiff to cross paths with unspecified bullies. If the Cause of Action is alleging that the school should have provided an escort for the Plaintiff minor at all times the Plaintiff minor was on school premises, Plaintiff must allege facts establi...

Excerpt: ...ute or claim in law or equity arising out of [the] Agreement [between Petitioner and Respondent], or any resulting transaction including, without limitation, any all disputes regarding liquidated damages, representations by [Respondent] or [Petitioner's] specific performance, the existence and extent of any defects in the property or Project, the limited warranty, any statutory warranties, and the extent of any damages, sustained.” Petitioner's...

Excerpt: ...tion 2025.280, subdivision (a) states “[t]he service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying.” [emphasis added] (Cal. CCP § 2025.280(a).) While subdivision (b) provide...

Excerpt: ...E TO AMEND. The Demurrer to the Second Cause of Action for failure to state a claim pursuant to Sectin 2923.6, for failure to allege the changes in circumstances stated in the opposition, and failure to allege submission of a complete loan modification form is SUSTAINED WITH LEAVE TO AMEND. The Demurrer to the Third Cause of Action for failure to state a claim pursuant fo Section 2923.7 for failure to plead around the admissions in prior pleading...

Excerpt: ... into the action. The Court sets the matter for a Case Management Conference on January 15, 2025, at 8:30 a.m. in Dept. A, for the purpose of confirming that MEL has been served. If proof of service is filed prior to the hearing, the Court will vacate the CMC. If not, Universal is ordered to file a CMC Statement no later than January 13, 2025, updating the Court on service efforts. Defendant Universal moves, pursuant to Code of Civil Procedure Se...

Excerpt: ...e provided declarations as to efforts to meet and confer, adequate meet and confer efforts have not been shown by Plaintiff. The declaration of Plaintiff's counsel provides that a letter was sent to Defendant to meet and confer on August 20, 2024. (Rabieian Decl. ¶ 6) A follow up letter to Defendant was sent on September 6, 2024, as Plaintiff's counsel had not received a response from Defendant. (Rabieian Decl. ¶ 7) It was only after Plaintiff'...

Excerpt: ... judgment on the pleadings, or alternatively, for dismissal of the Second Amended Complaint (“SAC”) filed by Plaintiff Reyna Magallon (“Plaintiff”) without leave to amend, as well as to award sanctions in the form of attorneys' fees in an amount up to $5,775.00 as well as costs against Plaintiff and her counsel. (Notice, p. 2.) Defendants contend that the allegations in the SAC are false and a sham, do not state a viable cause of action, ...

Excerpt: ... is continued for sixty (60) days to allow for additional meet and confer efforts. The court is inclined to find that Plaintiff did not adequately meet and confer based on the circumstances of this specific case. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 432 - 433.) While Plaintiff has provided a declaration stating that certain emails demanding discovery responses were left unanswered and resulted in bringing the instant motions, Def...

Excerpt: ...g the following portions of the complaint: lines 6 -7, at p. 2; line 10, at p. 4; lines 14 -20, at p. 6; and Plaintiffs' prayer for punitive damages, at line 7, no. 3, at p. 7. In response, Plaintiffs argue that “[t]he allegations sufficiently support a claim (and, if proven, a conclusion) that CCIC acted in conscious disregard of its insureds' rights and acted with oppression, fraud or malice” (Opp. at p. 3.) Plaintiffs further argue that CC...

Excerpt: ...y, December 6, 2024, the parties may file and serve by email, a brief not exceeding 10 pages, solely as to the issue identified below. The California Civil Courtroom Handbook And Desktop Reference (May 2024 Update), at section 14:18 provides in part, “[a] party moving to disqualify counsel must have standing, i.e., a legally cognizable interest that would be harmed by the attorney's conflict of interest. Courts have held that only former client...

Excerpt: ...yer as trial counsel, should it become apparent, after discovery, that Dyer is likely to be a witness at trial in this case. Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal servic...

Excerpt: ... are not included in costs collectible under this title unless otherwise provided by law. In this case, the lease agreement includes an attorney's fees provision. Specifically, section 40 provides: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall be entitled to reasonable attorney fees and costs, except as provided in paragraph 39A. Plaintiffs' Request for Judicial Notice , Exhibit ...

Excerpt: ...yer as trial counsel, should it become apparent, after discovery, that Dyer is likely to be a witness at trial in this case. Rule 3.7 of the California Rules of Professional Conduct states in part that: “(a) A lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness: (1) the lawyer's testimony relates to an uncontested issue or matter; (2) the lawyer's testimony relates to the nature and value of legal servic...

Excerpt: ...ffs DS Orchards LLC, Satya Chillara, and 1100 Acre Almond Orchard LLC contains eig ht causes of action including a Second Cause of Action for Trespass which alleges (1) Plaintiff is to oversee monetary, budgetary, and fiscal control of farming operations; (2) In January and March of 2021, Dilbag Khera resigned as a member of Plaintiff; (3) In March 2021, Plaintiff demanded Defendants immediately leave the Farming Operations and vacate the Propert...

Excerpt: ...vely Plaintiffs), or, in the alternative, summary adjudication in its favor on each of Plaintiffs' claims for Breach of Contract and Declaratory Relief. City so moves on grounds that “there are no triable issues of material facts for the first and second causes of action stated [the SAC] and that the City is entitled to judgment as a matter of law.” (Notice of Motion at 2:1 -4.) B. PRELIMINARY MATTERS 1. City's Request for Judicial Notice The...

Excerpt: ... (Code Civ. Proc. § 437c(p)(2).) A cause of action “cannot be established” if the undisputed facts presented by the defendant prove the contrary of the plaintiff's allegations as a matter of law. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1597.) Once the moving party meets that burden, the burden shifts to the party opposing MSJ to show, by reference to specific facts, the existence of a triable issue as to that affirmative defense or c...

Excerpt: ...iff's standing to maintain a representative PAGA action and after resolution of the individual plaintiff's wage and hour claims. In 2023 the California Supreme Court decided Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104. Plaintiff now moves for an order lifting the stay on Plaintiff's non -individual PAGA claims, pursuant to Balderas v. Fresh Start Harvesting, Inc. (2024) 101 Cal.App.5th 533 (Balderas). As noted by Plaintiff, a plainti...

Excerpt: ...ith the court and must be filed immediately pursuant to the order granting Leave to Amend. The Tentative Ruling ordered the complaint to be filed and the formal order purported to attach a complaint was was to be deemed filed, but no document was attached, and the court requires as actual First Amended Complaint to be filed so there can be no dispute as to what the allegations at issue might be. The Declaration of Lindsay L. Volle filed July 9, 2...

Excerpt: ... those objections is not relevant to the Court's ruling on the present motion and the Court has not relied on the objected -to portions of the Declaration of Martin Glickfeld in ruling. The Court rules on Plaintiffs' Request for Judicial Notice as follows: 5 1. DENIED. The document is not relevant to the Court's ruling on the motion. Although a court may take judicial notice of a variety of matters, only relevant material may be noticed. (See In ...

Excerpt: ...ion is scheduled. Here, while Defendant communicated its objections to the scope of the matters for examination ahead of the deposition, Defendant does not appear to have objected to any of the deposition notices, including how the notices failed to comply the requirements of the Code. (See Code Civ. Proc. §2025.220 [setting forth the required contents of the deposition notice].) Indeed, Defendant states it has agreed to produce its PMQ for thre...

Excerpt: ...“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this rel ief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a...