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245 Results

Location: Kings x
2024.03.12 Demurrer 401 (2)
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.03.12
Excerpt: ...l.App.4 th 197, 201.) Defendants argue that there can be no defamation because the statements expressed an opinion about plaintiff's job performance, and was not a statement of fact. The first amended complaint alleged at ¶ 91 that the defamatory statements were understood as assertions of fact, not opinion. Case law holds that a statement that an employee is incompetent implies a knowledge of facts which leads to this conclusion, that such fact...
2024.03.12 Motion for Summary Judgment, Adjudication 309
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.03.12
Excerpt: ...edge, improper legal conclusion) Defendants' objections to the declaration of plaintiff are sustained for the reasons set forth in the objections. Defendants' objections to the plaintiff deposition citations are sustained for the reasons set forth in the objections. Defendants' motion to strike the entirety of plaintiff's additional material facts is denied. Summary of facts On 11/24/21, Plaintiff filed a FAC for gender and race discrimination, w...
2024.02.13 Motion for Summary Judgment, Adjudication 309
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.02.13
Excerpt: ...dge, improper legal conclusion) Defendants' objections to the declaration of plaintiff are sustained for the reasons set forth in the objections. Defendants' objections to the plaintiff deposition citations are sustained for the reasons set forth in the objections. Defendants' motion to strike the entirety of plaintiff's additional material facts is denied. Summary of facts On 11/24/21, Plaintiff filed a FAC for gender and race discrimination, wo...
2024.02.13 Demurrer 401
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.02.13
Excerpt: ....App.4 th 197, 201.) Defendants argue that there can be no defamation because the statements expressed an opinion about plaintiff's job performance, and was not a statement of fact. The first amended complaint alleged at ¶ 91 that the defamatory statements were understood as assertions of fact, not opinion. Case law holds that a statement that an employee is incompetent implies a knowledge of facts which leads to this conclusion, that such facts...
2024.02.08 Demurrer 365
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.02.08
Excerpt: ... true all material facts properly pleaded. (Blatty v New York Times Co (1986) 42 Cal.3d 1033, 1040.) Whether plaintiff will be able to prove the pleaded facts is irrelevant to ruling on the demurrer. (Stevens v Superior Court (1986) 180 Cal.App.3d 605, 609-10.) Accordingly, the court has disregarded all the “facts” asserted by defendants. The points and authorities in support of the demurrer consisted of four paragraphs that merely recite tha...
2024.02.05 Motion to Quash Notice to Consumer and Deposition Subpoena 368
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2024.02.05
Excerpt: ...g & Water Purchasing, LLC and Pacific Boring, Inc., as stated more specifically below. A protective order will not issue at this time. As an initial matter, the court finds that Sandridge does not adequately establish its objections based on trade secrets or privacy, due to the failure to sufficiently identify the alleged trade secrets or proprietary information to be protected. (Code Civ. Proc. §2031.240 [requiring sufficient factual informatio...
2024.02.01 Motion for Class Certification 284
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.02.01
Excerpt: ...t meal period, second meal period, rest period, late final wages, and facially deficient wage statement are also certified, together with the derivative claims. Defendants' objections to Plaintiffs' evidence presented in support—including the declarations, deposition excerpts, and employee handbook excerpts—are overruled. The supplemental compendium of evidence cures the objections related to translated declarations and electronic signatures....
2024.01.26 Demurrer 365
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.26
Excerpt: ... prove the pleaded facts is irrelevant to ruling on the demurrer. (Stevens v Superior Court (1986) 180 Cal.App.3d 605, 609- 10.) Accordingly, the court has disregarded all the “facts” asserted by defendants. The points and authorities in support of the demurrer consisted of four paragraphs that merely recite that the terms of an alleged oral contract must set forth the essential contract terms and must allege the elements of a breach of contr...
2024.01.23 Motion to Compel Arbitration and Stay Case 282
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.23
Excerpt: ...action. As an initial matter, the FAA applies based on the express provision that the Arbitration Agreement (“Agreement”) is “made pursuant to and shall be governed by and construed in accordance with the procedures set forth in the Federal Arbitration Act[.]” (Mayorquin Decl. Exh. C, ¶4(a).) Alternatively, the FAA applies due to Defendant's involvement in interstate commerce. (Holland Decl. ¶¶4-5; Guiliano v. Inland Empire Personnel, ...
2024.01.23 Motion for Summary Judgment, Adjudication 227
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.23
Excerpt: ...laintiff's 2023 death and this wrongful death/ survivor action was filed in its place. (Def UMF 13 [separate statement date of death listed as 5/5/23 however May 7, 2023 is the date of death in the death certificate].) Defendant contends that it cannot be held liable to plaintiffs because the alleged dangerous condition of a just mopped floor was “open and obvious” and because decedent had “full and actual notice” of the danger. In terms ...
2024.01.11 Demurrer 259
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.11
Excerpt: ...al.App.4th 968, 994.) The city's request that the court take judicial notice of the cases related to the tank explosion in Lemoore on June 2, 2021 is denied. The court may take judicial notice of the filing of the litigation, but not the facts alleged in the litigation. (Sosinsky v Grant (1992) 6 Cal.App.4th 1548, 1551.) The city's demurrer to the cross-complaint for declaratory relief filed by Everest is overruled. The city (obligee) sued Everes...
2024.01.09 Motion to Amend Complaint 258
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.09
Excerpt: ...oposed amendment, subject to certain limitations; (4) the proximity to trial; and (3) whether prejudice to the opposing party will result. (Weil & Brown, Civil Procedure Before Trial ¶¶6:638-6:653.) Motions for leave to amend the pleadings are directed to the sound discretion of the court and such discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428...
2024.01.03 Demurrer to FAC 338
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.03
Excerpt: ...ent allegations than those contained in the initial complaint. However, upon further review of the amended pleadings, the opposition to the instant demurrer, and case law, in particular C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861 (“C.A.”), the court finds the complaint adequately alleges the County's actual or constructive notice that Plaintiff was being sexually abused by the perpetrator in the foster home and faile...
2024.01.03 Motion to Reopen Fact Discovery 158
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.03
Excerpt: ...e diligence or lack of diligence by the party seeking discovery, and the reasons why the discovery was not completed, (3) whether permitting the discovery or granting the discovery moton will likely prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar or prejudice any other party, and (4) the length of time elapsed between any date previously set and the date presently set for trial. (Code Civ. Proc...
2024.01.03 Motion for Leave to File SAC 340
Location: Kings
Judge: Edwards D2
Hearing Date: 2024.01.03
Excerpt: ...ors: (1) the liberal policy favoring amendment such that denial is rarely justified; (2) the nature of the proposed amendment; (3) the validity of the proposed amendment, subject to certain limitations; (4) the proximity to trial; and (3) whether prejudice to the opposing party will result. (Weil & Brown, Civil Procedure Before Trial ¶¶6:638-6:653.) Motions for leave to amend the pleadings are directed to the sound discretion of the court and s...
2023.12.15 Demurrer to FAC 338
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.12.15
Excerpt: ...t allegations than those contained in the initial complaint. However, upon further review of the amended pleadings, the opposition to the instant demurrer, and case law, in particular CA. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861 ("C.A."), the court finds the complaint adequately alleges the County's actual or constructive notice that Plaintiff was being sexually abused by the perpetrator in the foster home and failed to pr...
2023.12.12 Demurrer, Motion to Strike 424
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.12.12
Excerpt: ...he exception to the no-duty- to-protect rule for cases in which the defendant has a special relationship with either the dangerous third party or with the victim].) Other than the conclusory allegation that “a special relationship existed between Entity Defendants and DOE 3,” (¶¶62, 83) the complaint does not otherwise contain sufficient facts to demonstrate DOE 1 had any control over the plaintiff's welfare or that plaintiff had a right to...
2023.12.11 Motion to Compel Compliance of Production of Docs, for Sanctions 048
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.12.11
Excerpt: ...der section 2031.320. According to Plaintiff, there is no dispute that Defendant was required to produce the telephone numbers, payroll records, and timecards of the putative class once the Belaire-West notice procedures were completed. (Memo. in Support at 5; Reply at 3.) The court disagrees. Defendant's July 5, 2023 responses to RFP Nos. 1 through 3, each state, in pertinent part: “Defendant further objects to this integratory [sic] because i...
2023.12.07 Demurrer to FAC 188
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.12.07
Excerpt: ...vertime pay, and for which they did not receive the proper compensation under the law.” (¶97.) On demurrer, Defendant argues that the allegations do not constitute a cause of action as the pleadings set forth a legal standard with regard to minimum wage that is inconsistent with the only applicable IWC Order, No. 14-2001. (Demurrer at 2.) Defendant cites that the minimum wage stated in the Labor Code differs from the minimum wage established b...
2023.12.01 Motion for Judgment on the Pleadings 340
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.12.01
Excerpt: ...re of the proposed amendment; (3) the validity of the proposed amendment, subject to certain limitations; (4) the proximity to trial; and (3) whether prejudice to the opposing party will result. (Weil & Brown, Civil Procedure Before Trial ¶¶6:638-6:653.) Motions for leave to amend the pleadings are directed to the sound discretion of the court and such discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard ...
2023.11.28 Motion for Summary Judgment 215
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.11.28
Excerpt: ...nowledge. (§340.6, subd. (a) [discovers or through use of reasonable diligence should have discovered the facts constituting the wrongful act or omission].) In this case, plaintiff signed partnership amendments in 2014 that clearly informed her that, if signed, she would be required on her death to distribute her entire general partnership interests to EG Farming Trust, and that the beneficiaries of that trust were Gary Esajian's daughters. ((UM...
2023.11.06 Motion to Augment Expert Witness Designation 333
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.11.06
Excerpt: ...nt continuance of the trial date, with the apparently shared understanding that the 6-month pandemic extension results in an extended date of May 13, 2024. (See Defendant's May 16, 2023 Ex Parte Application to Continue; Declaration of Ron Torem in Support, filed May 17, 2023.) The court denies Defendant's request to continue the trial date at this time, without prejudice to a noticed motion to continue trial or another stipulation, subject to any...
2023.10.25 Motion for Judgment on the Pleadings 409
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.10.25
Excerpt: ...rwood letter). It is now undisputed that the only communication from December 2018 to the present is the one Sherwood letter. (UMF 11.) Nevertheless, a motion for summary judgment was the appropriate motion to file, given the allegations in the complaint. The court finds that a triable issue of fact exists if the Sherwood letter was in violation of 15 USC §1692c and §1692e. The declaration of plaintiff notes that his letter refusing to pay the ...
2023.10.24 Motion for Attorney Fees After Appeal 046
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.10.24
Excerpt: ... any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the ...
2023.10.23 Motion to Compel Further Production of Docs 159
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.10.23
Excerpt: ... Inc (Hereafter CVM Holding) ( a party to this lawsuit), the deponent admitted that he searched for insurance policies for CVM Holding and found one excess policy but believes there is another policy. He is attempting to retrieve a copy of this excess policy from the insurance broker. (Decl Beecher Ex 3 page 20-21 ecourt page 329 et seq) The opposition did not address this document request. Absent assurances the document will be provided, the mot...

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