Excerpt: ... have corrected the dangerous condition. (Gov. Code §835.) The complaint alleged that plaintiff slipped and fell on a wet floor that had been recently mopped. The employees were alleged to have mopped the floor during visiting hours, and failed to place warning signs of the wet floor. The court accepts these facts as true and finds that the TAC adequately alleged facts sufficient to state a cause of action under Government Code section 835. (Zel...

Excerpt: ...ne if some of the medical expenses incurred by plaintiff related to plaintiff's prior medical condition, and the report of defendant's IME, which discounted permanent damage to plaintiff's muscles or back. The court finds that the objections and answer were adequate responses to the interrogatory. Plaintiff's sanction request is denied. Requests for admission As to Defendant Vargas (Some of the questions have been summarized/ shortened) #5 asks d...

Excerpt: ...d with the motion to intervene].) Leave to file a complaint in intervention containing a caption naming intervenors as substituted class representatives is granted. Case law supports a motion to intervene by putative class members when the initially named class representative is found unsuitable. (La Sala v American Savings & Loan (1971) 5 Cal.3d 864, 872 [in the present case, the superior court did not find that plaintiffs were not, at the comme...

Excerpt: ...kly Admin Inc v Superior Court (2020) 9 Cal.5 th 279, 326.) Defendant argues breach of fiduciary duty is a fact issue for a jury, but a breach of fiduciary duty will be treated as an equitable action when an accounting is required. (Van de Kamp v Bank of America (1988) 204 Cal.App.3d 819, 864 [Where an accounting is required, the action is equitable; An accounting is necessary where the fiduciary becomes liable for various sums of money and plain...

Excerpt: ...tives. On these facts, we conclude that dismissal of the action requires prior notice to the class]; Jaimez v Daiohs USA Inc (2010) 181 Cal.App.4th 1286, 1308 [ As leave to amend is routinely granted and because the class presented two new class representatives (in direct response to the trial court's concern regarding the adequacy of Jaimez as a class representative), we conclude the trial court abused its discretion in denying leave to amend].)...

Excerpt: ...ve not been resolved. In plaintiff's points and authorities at page 6, plaintiff has agreed to limit deposition category #4 to documents reflecting the number of 2018 Ford Fiesta vehicles repurchased or replaced by Ford under California's Lemon Laws (limiting the request from “any state or federal lemon law.”) Plaintiff also agreed to limit the request to repurchases or replacement due to similar warranty non-conformities as the subject vehic...

Excerpt: ...n order to recover under this code section, plaintiff must first prevail on her claim of discrimination or harassment. (Carter v Cal. Dept of Veteran Affairs (2006) 38 Cal.4 th 919. 925 Fn 4. ) The California Supreme Court has found that this code section describes a separate unlawful employment practice, rejecting the argument that an independent cause of action had not been stated. (Ibid.) This court overrules the argument that plaintiff did no...

Excerpt: ...or should have known of the conduct and fails to take immediate and appropriate corrective action]) and the 7th cause of action for intentional infliction of emotional distress. Within ¶25 of the second cause of action, plaintiff seeks recovery for emotional distress due to the sexual harassment against her by her supervisor. Punitive damages are also being sought against Duran in the second cause of action. The only way to reconcile the cases c...

Excerpt: ...laintiffs are simply requesting the addition of a survival claim for damages incurred by decedent before his death, such as personal property damages and medical expenses. Plaintiff's SAC is to be filed within 10 days of the court hearing. ...

Excerpt: ...hat the repairs to conform the vehicle to applicable warranties were not commenced within a reasonable time, nor completed within 30 days. The complaint did not allege the number of days the car was in the shop for repairs. This information is included within the repair history (and was recited in the opposition P&A). Given the specificity of the facts required to state a cause of action and the conclusory allegation of its violation, the court f...

Excerpt: ...o support the defense. (See's Candy Shops Inc v Sup Ct (Silva) (2012) 210 Cal. App. 4 th 889, 900.) If the plaintiff does not make this showing, it is unnecessary to examine the [defendant's] opposing evidence and the motion must be denied. (Ibid.) In connection with its summary adjudication motion, plaintiff did not present an expert opinion, or any other evidence contradicting defendant's affirmative defenses based on comparative negligence, su...

Excerpt: ...West Management Group. The FAC does not allege that Inspire Brands entered into a continuing guaranty agreement. Absent such an allegation, the obligations of Inspire Brands terminated on the assignment of the lease to Far West Management Group. (Central Building LLC v Cooper (2005) 127 Cal.App.4 th 1053, 1059.) On that basis, the FAC fails to state facts sufficient to state a cause of action. The motion to strike the punitive damage and attorney...

Excerpt: ...e FAC filed by plaintiff contains paragraphs requesting punitive damages (¶¶ 34, 59, 76) and a prayer for punitive damages was added in the FAC (#5). In addition to having been filed beyond the time for amendment, the FAC was also filed in direct contradiction to the court order on the motion to strike. The court sua sponte moves to strike the FAC. The court renews its prior order that the punitive damage claims are stricken without prejudice. ...

Excerpt: ... from 1/8/2018 until 3/14/2019 (1 year 65 days). Neither party discussed the relevance of the right to amend a pending PAGA case. (Labor Code §2699.3 (a)(2)(c) and the impact of the fact that this case had been removed to federal court soon after it was filed, remanded back to this court on 1/22/20, and then subject to a motion to stay brought by defendant that was to be heard in March of 2020, but was not heard and granted until 9/2/20. The sta...

Excerpt: ... it is within defendant counsel's discretion to schedule a zoom deposition of plaintiff instead. The prejudice to Weaver if the trial is vacated outweighs any impact on defendants' trial preparations given the fact that the five year statue will require dismissal of this case in June of 2022. (This case transferred in from Fresno and was filed in Fresno on 6/29/2017.) ...

Excerpt: ...action and one in which the plaintiff ordinarily would have no right to jury trial; Santa Ana Mortgage & Investment Co v Kinslow (1938) 30 Cal App. 2d 107, 109 [ An action to quiet title and an action to cancel an instrument are equitable actions in which a trial by jury is not a matter of right].) As noted by plaintiffs, resolution of these causes of action may result in fact determinations that might preclude the need for a jury trial on the le...

Excerpt: ...ere obtained, and if defendant agrees to produce the same. (CCP § 2031.210 and 2031.230 [requirements of a code compliant response].) Defendant only agreed to produce those documents it “may have obtained” from the GM authorized repair facility. This is a vague and inadequate response. Any document subject to a trade secret objection shall be noted in a privilege log. (CCP § 2031.240) Thereafter, the court may be asked to resolve the trade ...

Excerpt: ...from plaintiff's medical care providers. There was no discussion of plaintiff's vaccination status or comorbidities. Plaintiff ‘s ex parte application for a protective order was also not supported by any relevant declarations and was recently denied. The defendant has assured plaintiff that the conference room will accommodate distance between the deponent and other persons. Masks will be worn when persons are not speaking. No good cause was sh...

Excerpt: ...ime period of 1/12/2019 through 6/9/21] and 17.1 [facts underlying response, identity and description of documents to all responses not an admission to request for admission] is granted in part. The reply contends that neither the original, nor supplemental responses were verified. The responses shall be verified within 15 days from service of the notice of ruling. (Responses contained objections and some fact specific answers. Case law has held ...

Excerpt: ...aintiff's vehicle was T-boned by a vehicle driven by defendant Lopez. The city asks this court to sustain its demurrer to the complaint without leave to amend and to dismiss this complaint against the city with prejudice on the grounds that on the face of the complaint, and existing state statutes, it can be found as a matter of law that the city of Hanford does not own, control or maintain Highway 198. (Goddard v Department of Fish and Wildlife ...

Excerpt: ...enter and it has within its ability the authority to determine the identity of any person who may have spoken with plaintiff about a refund or replacement under the Song Beverly Act. Further verified responses are due 20 days from service of notice of ruling. Plaintiff's motion to compel a further response to special interrogatories Plaintiff's motion to compel further verified responses to special interrogatories ##14, 26, 27, 40-45, 51-56, 57 i...

Excerpt: ...3 [disputed], #4-10.) The FAC at ¶20 and plaintiff's discovery responses alerted defendant to her claim that defendant's failure to inspect, maintain and replace the chairs it provided to visitors created the dangerous condition. This supports a claim under Government Code §835, subdivision (a), whereby a public entity will be liable for an injury caused by a dangerous condition due to a negligent or wrongful act or omission of an employee of t...

Excerpt: ...e only affirmative defense clearly summarized was the third. The defendant is ordered to provide a further verified response 20 days from service of notice of ruling specifying the facts behind the collective bargaining agreement affirmative defense, identifying the witnesses and documents relevant to this defense. Sanctions are not ordered. Plaintiff's motion to compel further responses to special interrogatories Plaintiff's motion to compel fur...

Excerpt: ...elt system (designed to remove hulls and trash from the product) was the sole cause of plaintiff's injury. (Campbell v Southern Pacific (1978) 22 Cal.3d 51, 56.) Opposition to the summary judgment motion was filed by both the plaintiff and cross-defendant Roman Electric (the entity that located and installed the emergency stop buttons on the conveyor belt system). It is undisputed that after McDowell designed, manufactured and installed the conve...

Excerpt: ...ervice representatives are trained to respond to consumer inquires for repurchase or replacement in California]. The burden objection is not specific to the document requests. Moreover, defendant failed to support its burden objection with facts as to the quantum of work required to produce the requested training materials, and why the requests are unduly burdensome in relation to the relevance of the requests. (West Pico Furniture Co v Super Ct ...