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217 Results

Location: Kings x
2023.09.28 Motion to Quash Deposition Notice and Subpoena 046
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.09.28
Excerpt: ... L.P. (2000) 83 Cal.App.4th 74, 117- 123; Western States Petroleum Ass'n v. Superior Court (1995) 9 Cal.4th 559, 570-576.) Moreover, TLCC has failed to establish the relevancy of the evidence sought, namely, the deposition testimony of John Vidovich as to his knowledge regarding the Pipeline Project. As the Fifth District held in its opinion reversing the court's order denying the preliminary injunction, and which is therefore now the law of the ...
2023.09.28 Demurrer 064
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.09.28
Excerpt: ... with reckless disregard for the probability that plaintiff would suffer emotional distress, knowing that plaintiff was present when the conduct occurred, (3) plaintiff suffered severe emotional distress, and (4) defendant's conduct was a substantial factor in causing plaintiff's severe emotional distress. (CACI 1600; Christensen v. Superior Court (1991) 54 Cal.3d 868, 903; Davidson v. City of Westminster (1982) 32 Cal.3d 197, 209.) A defendant a...
2023.09.07 Motion to Compel Further Discovery Responses, for Sanctions 358
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.09.07
Excerpt: ...ious tentative ruling on the motion, Defendant GM has not demonstrated a valid objection to these requests. GM's arguments in its supplemental declaration filed August 21, 2023 do not address the information sought by RFP Nos. 37-41 and thus GM has presented no authority in opposition to the courts tentative ruling as to these requests. Because GM has not demonstrated a valid objection based on burden, overbreadth, irrelevance, trade secret, or o...
2023.09.01 Motion for Summary Judgment 121
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.09.01
Excerpt: ...ising from the jailor-inmate relationship. (Goc Code §815.2 [liability for acts of employees], 15 CCR §3004 [rights and respect of others and Giraldo v CDCR (2008) 168 Cal.App.4 th 231, 248. ) The second cause of action did not specifically allege medical malpractice, although allegations suggesting the same were alleged. (FAC ¶21 [knew or should have known plaintiff was a suicide risk], ¶ 22[failure to place plaintiff in a custodial environm...
2023.08.31 Motion for Judgment on the Pleadings 197
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.08.31
Excerpt: ...ection then discusses an exception where the lease defines late charges as “additional rent.” The landlord relies on these cases due to a provision in the subject lease that does define the $15 late charge as additional rent. However, a review of the cases reveal that a commercial/ business lease was at issue. Notice of rent due in commercial leases is governed by Code of Civil Procedure section 1161.1, which allows estimates of rent due in t...
2023.08.22 Motion for Summary Adjudication 332
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.08.22
Excerpt: ...set forth in Civil Code section 1793.22(e)(2) does not include a used car purchased from a retail seller simply because there is some balance remaining on the manufacturer's warranty. Here, the parties do not appear to dispute that the vehicle was previously owned at the time of sale with 11,521 miles on the odometer. As such, it does not fall within the definition of a “new motor vehicle” under the Song- Beverly Act. Plaintiff does not alter...
2023.08.22 Motion for Monetary, Evidentiary, and Issue Sanctions 158
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.08.22
Excerpt: ...eil & Brown, Civil Procedure Before Trial § 8:2200; Pember v. Sup.Ct. (Young) (1967) 66 Cal.2d 601, 604; Sauer v. Sup.Ct. (Oak Indus., Inc.) (1987) 195 Cal.App.3d 213, 228 [trial court's choice of sanctions subject to appellate review only for abuse of discretion].) The following factors may be relevant: the time that has elapsed since the discovery was served, whether the party received extensions of time to answer or respond, the number discov...
2023.08.10 Motion to Compel Further Responses 151
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.08.10
Excerpt: ... privilege log. (CCP §2031.240.) The document requests related to : GM's policies and procedures as to how a request for repurchase or replacement of a vehicle will be deemed eligible and the customer relation procedures and practices relating to the subject vehicle [1-6]. The document requests also sought documents reflecting communications to other repair dealers relating to the same defects in the same year, make and model vehicle, as reflect...
2023.08.08 Motion for Trial Preference 198
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.08.08
Excerpt: ...t the party does not have a substantial interest in the case as a whole.” Plaintiff has established that she is under 14 years of age and the court declines to find that she does not have a substantial interest in the case as a whole. However, the court disagrees with Plaintiff that there are no other considerations to be made in the court's determination on the motion. “The underlying assumption behind section 36 is that the plaintiff has di...
2023.07.24 Motion to Strike 340
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.07.24
Excerpt: ...o which the motion should be directed. Furthermore, the basis for the moton is that the "only statutory authority for an award of pre-judgment interest is Civil Code section 3287" and that such an award is only available where there is no dispute as to the basis of computation of damages. However, the First Amended Complaint prays for prejudgment interest based on Civil Code section 3291, which provides, in pertinent part: In any action brought t...
2023.07.17 Motion to Compel Deposition of PMK 175
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.07.17
Excerpt: ...aintiff's exhibit reflects that defendant failed to send an objection in good faith under Code of Civil Procedure section 2025.410. Instead, the defendant refused to produce a PMK, refused to produce any of the documents requested and demanded that plaintiff agree to a “coordinated efficient discovery plan across all your cases.” (Ex 4 Letter date May 17, 2023.) Defendant repeated the refusal to participate in a PMK deposition in an email dat...
2023.07.11 Motion for Summary Judgment 121
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.07.11
Excerpt: ...iate medical care], or in Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code [biomedical research], a public entity is not liable for: (1) An injury proximately caused by any prisoner. (2) An injury to any prisoner.].) Plaintiff's First Amended Complaint was filed on 9/27/2019. The first cause of action was for failure to summon medical care for a serious and obvious medical condition requiring immediate medical care. (Gov Code ...
2023.07.05 Motion to Compel Deposition of PMQ 046
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.07.05
Excerpt: ...sonably calculated to lead to the discovery of admissible evidence.” (CCP §2017.010.) Based on the court's most recent ruling sustaining Angiola's demurrer to the TAP with leave to amend, Angiola remains a party to the action. TLCC's theory with respect to Angiola's liability under CEQA centers on whether Angiola's previous General Manager was authorized to execute the hold harmless letter on behalf Angiola, such that the repudiation of the pr...
2023.06.21 Motion to Compel Deposition of PMQ 394
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.06.21
Excerpt: ... stored information, or tangible thing described in the deposition notice “[i]f, after service of a deposition notice, a [party-affiliated deponent] without having served a valid objection under Section 2025.410, fails to appear for examination.” [Emphasis added.] Section 2025.410(a) provides that a party may serve a written objection to a deposition notice, specifying the error or irregularity at least three calendar days prior to the date f...
2023.06.15 Motion to Quash Service of Summons 054
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.06.15
Excerpt: ...ummons and complaint at a mailing address, “it shall be left with a person at least 18 years of age, who shall be informed of the contents thereof.” Here, Defendants present evidence in the form of sworn declarations from Defendant Kaur and her son, that the summons and complaint were left with her son, who is only sixteen years of age. This is sufficient to rebut the presumption that a registered process server's declaration is true. (Evid. ...
2023.06.05 Motion to Compel Further Discovery Responses, for Sanctions 358
Location: Kings
Judge: Edwards D2
Hearing Date: 2023.06.05
Excerpt: ...uments produced and thus Plaintiffs are unable to determine whether they are responsive to the subject requests. Under Code of Civil Procedure section 2031.280, subdivision ' '[a]ny documents _ _ _ produced in response to a demand for inspection _ _ _ shall be identified with the specific request number to which the documents respond." GM does not appear to contest Plaintiffs assertions and instead asserts it has already produced, pursuant to the...
2023.05.24 Motion to Compel Deposition of PMQ 288
Location: Kings
Judge: D'Morias, Melissa
Hearing Date: 2023.05.24
Excerpt: ... stored information, or tangible thing described in the deposition notice ' '[i]f, after service of a deposition notice, a [party-affiliated deponent] without having served a vaitd objection under Section 2025.410, fails to appear for examination." Under the Code, a party may serve a written objection to a deposition notice, specifying the error or irregularity at least three calendar days prior to the date for which the deposition is scheduled. ...
2023.05.03 Demurrer to TAC 046
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.05.03
Excerpt: ...on Angiola_ (CaL Pub. Resources 521065; Cal. Code Regs. , tit. 14, 515378, subd_ (a)_) The TAP alleges that Angiola "has engaged in sustained, direct support of and assistance to the Project, including, without limitation, the offer to Petitioner of complete indemnity, as clearly expressecl in [the hold harmless letter signed by former Angiola General Manager Mark Grewal]." (144.) However, the TAP recognizes, as did the prior iterations of the pe...
2023.04.28 Motion for Preliminary Injunction 087
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.04.28
Excerpt: ... temporary restraining order evicting Defendant from the Property would not serve to preserve the status quo until a final determination of the merits could be had. (Order at 4.) The court did find, however, that the interim harm each party was likely to sustain was significant for both parties and issued the following orders, in relevant part: (1) Defendant was restrained from dumping trash/toxic waste and/or storing old tires and other items on...
2023.04.27 Demurrer, Motion to Strike 086
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.04.27
Excerpt: ...he demurrer to the SAC. (801 F _ App'x 519, 521 ["[U]nder any reasonable reading of the statute, 51793.2(b) requires only that [the facility] complete any single repair attempt within 30 days."]_) Plaintiffhas made no changes from the SAC in the TAC's allegations with respect to this claim and again fails to allege a single repair facility visit lasting longer than thirty days. Instead, Plaintiff now argues that because the repair facility visits...
2023.04.19 Motion for Summary Adjudication 034
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.04.19
Excerpt: ...Civil Code section 1793.22, subdivision (e)(2), does not include a used car purchased from a retail seller unaffiliated with the manufacturer simply because there is some balance remaining on the manufacturer's warranty. To the extent Jensen can be construed as presenting conflicting authority, the court views Jensen's view in light of the particular facts surrounding the vehicle at issue in that case and the affiliation of the manufacturer with ...
2023.04.17 Demurrer, Motion to Strike 019
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.04.17
Excerpt: ...lternative and cumulatively, that trenching through the canal without having first secured permits for the entire project and without having completed environmental review as required by state and local statutes [including CEQA as set forth in both California's Codes and the California Code of Regulations] is an undue burden on the easement regardless of what effect the trenching will have on Tulare Lake Canal's use of the easement and operation ...
2023.04.13 Motion to Compel Responses 158
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.04.13
Excerpt: ...otions are granted. Plaintiff counsel's declaration establishes that the discovery requests were properly served and that no response was timely made to those requests even after an agreement to extend the time to respond by more than six months. Additionally, no opposition has been made to the motions. Defendant Agler's and Defendant Bookwalter's verified responses without objection to the Form Interrogatories, Set One, Special Interrogatories, ...
2023.03.22 Motion to Open Discovery 046
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.03.22
Excerpt: ... is made as to whether the propounding party has complied with the pre-motion requirements under the Discovery Act. (Code Civ. Proc. "2016.040 [meet and confer declaration required in support of discovery motion], 2025.480 [motion to compel answers if deponent fails to answer or produce], 2030.300 [motion to compel further responses to interrogatories], 2033.290 [untimely responses to interrogatories].) Without deciding the propriety ofthese disc...
2023.03.14 Demurrer 028
Location: Kings
Judge: Chrissakis, Valerie R
Hearing Date: 2023.03.14
Excerpt: ...wner shall first give notice of the violation to the tenant with an opportunity to cure the violation.” (Code Civ. Pro. § 1946.2, subd. (c).) Once the violation is not cured, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy. (Ibid.) Here, the 3-day notice attached to the Complaint includes a statement that the tenants have been previously notified of an alleged breach and that the brea...

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