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61 Results

Location: Kings x
2020.09.17 Motion for Summary Judgment 274
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.09.17
Excerpt: ...iable issue of fact that the trailer was defective or contributed to the motor vehicle accident in any way. (Reply Separate Statement Facts ## 4, 5, 7 Torres Deposition at pages 22 [when you work for yourself as a truck driver, how do you find work] 24-25 [language interpreter questions how to define rental of trailer, but response was Torres was renting trailer from Rivera and Torres owned the tractor] 26 [Torres did not always accept work from ...
2020.08.13 Motion for Preliminary Injunction 435
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2020.08.13
Excerpt: ... to any further funds from the sale of his partnership interest in order to pay for his criminal defense. The court agrees with plaintiff that paragraph 6.1 exaggerates the partnership's “contingent liabilities” from the wrongful death action (17C0009). This litigation was stayed due to a motion brought by plaintiff. It was alleged that plaintiff was in the course and scope of employment with the partnership when the wrongful death occurred. ...
2020.08.11 Demurrer 917
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.08.11
Excerpt: ...ff failed to timely file a government claim. This failure would preclude plaintiff from raising any state law tort claims, if leave to amend was granted. The FAC purports to be a complaint for violation of plaintiff's federal civil rights as a result of the alleged perjury by Officer Welch at his trial for driving in excess of the speed laws on a state highway. The perjury is alleged to have stemmed from the officer's assertion that a traffic and...
2020.08.06 Motions to Compel Further Responses 190
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.08.06
Excerpt: ...he continued hearing date. Plaintiff's motion to compel further responses was continued from 7/30/20. The same tentative ruling set forth below applies. The parties appear to be in agreement that defendant has set forth in verified discovery responses that: 1) defendant admits liability for the accident; 2) defendant admits having driven while intoxicated; 3) defendant admits she was convicted of one misdemeanor drunk driving charge stemming from...
2020.07.30 Motion to Compel Further Responses 190
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.07.30
Excerpt: ...t after the accident with plaintiffs. The discovery requests have been reviewed by the court with an aim at balancing the plaintiff's right to discovery against the defendant's right to privacy and the fact that at trial, it would be error to allow evidence of the circumstances of the accident, when defendant has admitted liability and the only issue is the extent of plaintiff's injury. ( Boler v Superior Court (1987) 201 Cal.App.3d 467, 472; Fue...
2020.07.30 Motion for Judgment on the Pleadings 301
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.07.30
Excerpt: ...asserts that no claim has been made under the FEHA. Plaintiff agrees that the claim for conversion set forth in the 10th Cause of Action does not state facts sufficient to state a cause of action. (Voris v Lampert (2019) 7 Cal.5th 1141 [failure to pay wages due under the Labor Code does not support a tort claim for conversion].) The motion for judgment on the pleadings is granted without leave to amend as to the 10th cause of action. Given that p...
2020.07.23 Motion for Summary Judgment, Adjudication 001
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.07.23
Excerpt: ...ts and manipulated data from the lab supervisor, Mr. Fleming. Labor Code §1102.6 sets for the burden of proof for recovery of damages under this code section. The plaintiff must demonstrate, by a preponderance of evidence, that the activity proscribed under 1102.5 was a contributing factor in the alleged prohibited action against the employee. The employer then has the burden of demonstrating by clear and convincing evidence that the termination...
2020.07.15 Motion to Compel Further Responses 190
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.07.15
Excerpt: ...e court makes the following observations: Defendant has represented and the court accepts that defendant has (or is willing to) set forth in verified responses to the discovery that defendant admits liability for the accident, that defendant admits having driven while intoxicated, defendant admits she was convicted of one misdemeanor drunk driving charge stemming from the accident with plaintiff, defendant asserts she has not been charged or conv...
2020.07.10 Motion for Summary Judgment, Adjudication 336
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.07.10
Excerpt: ...has dismissed without prejudice defendant Ceja. The remaining defendants' motions for summary judgment are denied. Defendants' motions for summary adjudication as to each cause of action are discussed below. Defendant Topete and defendant Gonzalez' motions for summary adjudication of the first cause of action for sexual harassment are denied. (Gov Code §12940 (j)(3) [an employee is personally liable for sexual harassment].) There is a triable is...
2020.07.06 Demurrer 379
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.07.06
Excerpt: ...ched as an exhibit. The note allowed for a line of credit up to $81,000 and required minimum monthly payments of $75. The note provided that the final payment was due 10/10/16. Plaintiff cites authority that even though it was a sold out junior due to the foreclosure of the first lien on the property, it may still seek collection on the promissory note. (Bank of America v Graves (1996) 51 Cal App. 4th 607, 611.) The parties are in disagreement wh...
2020.06.30 Demurrer 435
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.06.30
Excerpt: ...ement, breach of fiduciary duty in not properly representing the true value of the partnership assets] . These allegations are not necessarily inconsistent, or result in a finding that a complaint is a sham pleading. (Steiner v Rowley (1950) 35 Cal.2d 713, 718-719 [complaint may plead inconsistent causes of action/ or counts, if there are no contradictory or antagonistic facts].) The demurrer to the second cause of action for illegal and unfair b...
2020.06.30 Demurrer 227
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.06.30
Excerpt: ...ions under Section 1102.5 are predicated upon an employer/employee relationship. See Cal. Lab Code § 1102.5. The relevant portions of the statute clearly indicate that the statute is meant to establish prohibited activity by employers, rather than individuals]; Jones v Lodge at Torry Pines Partnership (2008) 42 Cal.4th 1158, 1173 [Retaliation under the FEHA].) The demurrer to the 4th and 5th causes of action on the grounds of failure to file a t...
2020.06.23 Demurrer 428
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.06.23
Excerpt: ...se documents in support of its demurrer. The court sustains petitioner's lack of foundation objection to the note, deed of trust, and certificate of death and sustains the hearsay, improper opinion testimony, and matter not capable of judicial notice under Evidence Code §451 and 452 objections as to the letter. The court does not find merit to the argument that this court does not have jurisdiction of the dispute due to the absence of an adminis...
2020.06.18 Motion to Continue Hearing 150
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.06.18
Excerpt: ...of proving that party's liability for the loss or damage. Here, the discussion of defendant's financial situation was in the context of why plaintiff reasonably believed that defendant intended to continue to discuss settlement of this class action lawsuit. The statements may be considered in this motion in accordance with Evidence Code §1120 (b)(2) [an exception to the mediation privilege is if it relates to an agreement to extend the time to a...
2020.06.10 Motion to Compel Further Responses 265
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.06.10
Excerpt: ...re due 10 days after service of the notice of ruling. The court has considered the submission of plaintiff's supplemental responses which were forwarded to opposing counsel on the same day the motions to compel further responses were filed. The offer to consider further responses made by defendant counsel related to answers without objections. (Letter dated May 12, 2020.) The supplemental responses for the most part continue to object to the requ...
2020.06.02 Motion to Quash Service of Summons 394
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.06.02
Excerpt: ...that, “I was not impeded by security.” If the process server had an escort, it is likely this would be described in the declaration. Defendants also dispute the assertion that the process server served Jane Doe as a person “apparently in charge” in an office left of the secretary in what the process server believed were defendants' administrative offices. Defendants assert in a declaration from the casino's chief financial officer, that t...
2020.05.29 Motion for Summary Judgment, Adjudication 336
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.05.29
Excerpt: ...ause of action are discussed below. Defendant Topete and defendant Gonzalez' motions for summary adjudication of the first cause of action for sexual harassment are denied. (Gov Code §12940 (j)(3) [an employee is personally liable for sexual harassment].) There is a triable issue of fact if the daily sexual comments and frequent physical touching of plaintiff by Topete (8 to 10 times a day) was sufficiently pervasive and severe to constitute sex...
2020.05.28 Demurrer 026
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.05.28
Excerpt: ...d to the complaint as an exhibit, and no facts were alleged or implied that the hospital offered a paid trainee position to plaintiff in its hospital science lab for the 2018 semester. All the communications in the email chain, obtained by defendant after meet and confer discussions with plaintiff, were between plaintiff and SJSU. The plaintiff presents an alternative theory of liability, but no facts are contained in the complaint to support a c...
2020.05.08 Motion to Compel Arbitration 381
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.05.08
Excerpt: ...ng papers at footnote 3 page 5 also asserted hospital is engaged in interstate commerce. (Patterson v Tenet Healthcare Inc (8th Cir 1997) 113 Fed 3d 832, 835-37 [FAA governs arbitration of disputes of employees involving interstate commerce [excluding maritime or railroad employees]; Willis v Prime Healthcare Services Inc (2014) 231 Cal.App.4 th 615, 626 [payments of Medicare or Medicaid funds are transactions involving commerce; receipt of Medic...
2020.05.01 Motion to Set Aside Default, Judgments 184
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.05.01
Excerpt: ... are persuasive that the process server could not have obtained service by serving Mr. Nolan at the address on the loan documents. Mr. Nolan denies being present at the alleged service address. Mr. Nolan denies being an agent for service of process for the company. There is no declaration from the process server to contradict these assertions. The few facts set forth in the process server's declaration of due diligence concerning the appearance o...
2020.04.20 Motion to Sever 400
Location: Kings
Judge: Burns, Robert S
Hearing Date: 2020.04.20
Excerpt: ...mplaint and cross-complaints. To the extent the declaration is based on information and belief, and not personal knowledge, it is inadequate to support the argument that severance for discovery and trial is needed to reduce the prejudice, delay and unnecessary expense to NSP3 (and Borga Steel) while at the same time not causing undue prejudice to the remaining parties. (Pelayo v JJ Lee Management Co Inc (2009) 174 Cal.App.4 th 484, 494 [key is if...
2020.04.16 Motion to Strike Punitive Damages 190
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.04.16
Excerpt: ...arent from the delay in filing. The court takes judicial notice of 17CM0213 in accordance with Evidence Code section 452, subdivision (d). Defendant was convicted of a misdemeanor drunk driving charge stemming from the accident at issue. Prior convictions were not alleged. The defendant was ordered to complete a first offender 3 month DUI program. This contradicts the allegation in the first amended complaint that plaintiff was a DUI repeat offen...
2020.04.07 Motion for Summary Judgment 010
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.04.07
Excerpt: ...ffirmative defenses in defendant's 3/29/19 answer. Plaintiff's motion fails to address the statute of limitation defense. Due to the above defects, the plaintiff's motion for summary judgment did not shift the burden to defendant. The motion for summary judgment must be denied. (Rawlings v DM Oliver Inc (1979) 97 Cal.App.3d 890, 896.) ...
2020.04.07 Demurrers 061
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.04.07
Excerpt: ...ity against a concurrent tortfeasor, 'there can be no indemnity without liability].; Civ. Code §2778 (2) [the person indemnified is not entitled to recover without payment thereof].) This applies to the first three causes of action in the cross- complaints for equitable indemnity, equitable apportionment, declaratory relief. The claims set forth in the cross-complaints in any event duplicate affirmative defenses in the answers of defendants/cros...
2020.04.06 Demurrer 140
Location: Kings
Judge: Ciuffini, Kathy
Hearing Date: 2020.04.06
Excerpt: ...nahue v State of California (1986) 178 Cal.App.3d 795). The claim in Donahue was premised on the theory that the Department of Motor Vehicles negligently permitted an uninsured driver to take a licensing test. The complaint alleged that the testing officer failed to use due care in directing the operation of the vehicle. Donahue is distinguishable. A claimant need only include a general description of the loss, so far as it may be known at the ti...

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