Excerpt: ...12.4, subd. (c), the board has 45 days to act on the claim. If the board does not act on the claim, the claim is deemed rejected. Under Government Code § 945.6 (a)(2), if notice of rejection is not given, a plaintiff has two years from accrual of the cause of action to sue. The original complaint herein was filed on October 2, 2020, a date less than two years from accrual of the cause of action. Because facts were alleged in the FAC asserting th...

Excerpt: ...Cal.4th 1, 12.) Any fraud or perjury alleged to have taken place within a civil suit may be addressed through jury instructions, or by other measures. (Id. at 11-13.) Defendant's motion to compel plaintiff's deposition; Plaintiff's motion to quash or modify plaintiff's deposition The court intends to set the deposition of plaintiff. The parties shall be prepared to discuss dates and whether the deposition will be by zoom, or some other means nece...

Excerpt: ..., 61-64) Plaintiff was following GPS map information on his cell phone. (UMF 11, 12.) As plaintiff was driving, he was looking from his cell phone in his left hand to the road. (UMF 11) Plaintiff was driving too fast for conditions. (UMF 13) Plaintiff did not successfully navigate a 90 degree turn in the private road, left the roadway and hit the tank. (UMF 13.) Plaintiff has sued defendants for liability based on negligence and premises liabilit...

Excerpt: ... insignificant, risk of injury when the property is used with due care in the manner in which it is reasonably foreseeable it will be used. Government Code §830.2 states a condition is not dangerous if the court after review of all the evidence most favorable to plaintiff determines as a matter of law that the condition was of such a minor or insignificant nature that no reasonable person would conclude it created a substantial risk of injury. T...

Excerpt: ...urity for the loan. The court is unable to determine from the pleadings if defendant lender participated in this fraud. The court is of the opinion that the merits of this motion to expunge lis pendens cannot be resolved without oral testimony. It is apparent that plaintiff was kept in ignorance about the foreclosure action and was even induced to pay over $27,000 in property taxes after the property had been lost in foreclosure. The defendant le...

Excerpt: ...nd considers itself a third party beneficiary of the agreement between the plaintiff and the Franchisee. The fact that the complaint names Denny's Inc as a defendant, but the agreement is not signed by a representative of Denny's Inc, does not preclude court resolution of the franchisee's motion to compel arbitration. (Boucher v Alliance Title Co (2005) 127 Cal.App.4 th 262, 271-273 [a nonsignatory of an arbitration agreement may compel its terms...

Excerpt: ...e documents are to be identified by the last four numbers of the employee's social security number (or other mutually agreed “unique qualifier.”) The parties are also to enter into a protective order to provide further confidentiality to these records. The court does not find merit to defendant's objection that this precertification discovery is premature. Defendant argues that this discovery should not be permitted until the conclusion of th...

Excerpt: ...ivery (or downloaded on a thumb drive and physically delivered to plaintiff counsel) at least 24 hours before the deposition is scheduled to commence. The documents are to be identified as responding to the specific category of document requested in the notice of deposition (## 1-48.). The parties shall be prepared to designate potential deposition dates at the hearing on the motion. The court intends to specify a deposition date at the hearing. ...

Excerpt: ...ions of law and fact that are common to the class. (Beckstead v Superior Court (1971) 21 Cal.App.3d 780, 784.) If there is a reasonable possibility the plaintiffs can plead a prima facie community of interest among class members, the preferred course is to defer decision on the propriety of the class action until an evidentiary hearing has been held on the appropriateness of class litigation. (Tucker v Pacific Bell Mobile Services (2012) 208 Cal ...

Excerpt: ...ion for reconsideration was served by mail on petitioner on July 16, 2019 (Complaint ¶14.) The petition for writ of administrative mandamus was filed in this court on July 8, 2020. The demurrer is on the grounds that this writ petition is time barred under that part of Government Code section 19630 that provides, “Any petition for a writ challenging a decision of the board shall be filed within six months of the date of the final decision of t...

Excerpt: ...the privacy rights of its personnel and to deter any others from surreptitiously recording confidential conversations with personnel in the future. This purpose could have been achieved by handing over the prosecution of a potential violation of Penal Code §632 to the District Attorney. Attorney fees under CCP §12021.5 will only be awarded when private enforcement was necessary and public enforcement was not sufficiently available. (Collins v C...

Excerpt: ...mpanying plaintiff's government claim, or personal knowledge with respect to the mailing of the 8/6/2019 letter advising the claimant of the insufficiency of the claim and the requirement to submit a $25 filing fee. Defendant's motion for summary judgment is denied. A triable issue of fact exists if plaintiff sent the $25 filing fee with the government claim. (Plaintiff's additional fact ##1-5 and the declaration of the law firm's long-time paral...

Excerpt: ...jected to in the motion ( in part due to defendant's submission of the documentation supporting the costs requested). Both parties recognize that travel expenses to attend depositions are allowed under Code of Civil Procedure section 1033.5, subdivision (a)(3) (C). However, plaintiff objects to the hotel room expenses incurred before some of the depositions which were described as having been incurred for deposition prep. The parties are to meet ...

Excerpt: ...Jones. The severance for purposes of trial and discovery was discussed during the severance motion heard 2/24/20. The stay on Jones' case was due to the pending criminal prosecution. The order encompassed a stay on discovery directed to Jones. The defendant has failed to present persuasive evidence that Jones is a critical witness in the Weaver case, and that trial in the Weaver case cannot go forward without taking Jones' deposition. In terms of...

Excerpt: ...ication: Plaintiff's motion is denied on procedural grounds. 1) Plaintiff LLC lacks the requisite standing to initiate this case as it is currently plead, 2) The Declaration of Jerald Munn fails to comply with the necessary requirements for a declaration Page 5 of 5 executed in the State of California pursuant to CCP Section 2015.5. Based on the deficiency, any evidence supported by the declaration is inadmissible, 3) The Separate Statement of Un...

Excerpt: ...cussions improperly included in the cross-complaint in violation of Evidence Code §1152. These paragraphs also set forth Patino's legal assertions in support of their claim to the disputed strip of land, but these legal arguments are not “ultimate facts” that are required to be alleged to state the causes of action asserted by the cross-complaint. (Code Civ. Proc. §425.10, subd. (a)(1) [a complaint shall set forth a statement of facts const...

Excerpt: ... limit the scope of time from 2010 to the present. The court finds this offer reasonable, given that Form interrogatories ## 11.0 and 11.2 go back 10 years from the present. Moreover, as noted by defendant, one plaintiff had an MRI of his spine in 2013 due to complaints of back pain with radiating pain down his body. This is a physical condition at issue in this case. The request for medical records relating to plaintiffs' physical conditions at ...

Excerpt: ...not capable of judicial notice. (People v Jones (1997) 15 Cal.4th 119, 171 fn.17, disapproved on another ground in People v Hill (1998) 17 Cal.4th 800, 823 Fn1.) The traffic collision report was properly objected to on the basis of lack of relevance (Evid. Code §350), hearsay (Evid. § Code 1200) , lack of personal knowledge (Evid. Code §702), and lack of foundation (Evid. Code §702). Plaintiff's objection to the mental competency report from ...

Excerpt: ...ation and the correspondence between the parties is not supported by statutory or case law. Claimants set forth the amount of principal and interest in their timely claims to excess tax sale proceeds submitted pursuant to R&TC §4675. The County approved payment of the principal, but not the interest. Claimants are entitled to accumulated interest on the note; the interest did not become unsecured on the death of the trustor/obligor. (Huckell v M...

Excerpt: ...of negligence (duty, breach of duty, causation and damage) but also 1) actual or constructive knowledge of the peril to be apprehended 2) actual or constructive knowledge that injury is probably, as opposed to possible result of the danger and 3) conscious failure to act to avoid the peril. It is not just a mere absence of care, but a more positive intent to harm another or act with a positive, active and absolute disregard of its consequences. (...

Excerpt: ...ty on whose behalf the complaint was filed, nor does it specify facts to support plaintiff's standing to bring the complaint. The court sustains the demurrer for uncertainty and for lack of standing. (Cloud v Northrop Grumman Corp. (1998) 67 Cal. App. 4th 995, 1004.) The demurrer to the two- paragraph complaint is also sustained on the grounds that defendant has no obligation to produce documents under any of the legislation alleged i.e. the Publ...

Excerpt: ...mage to the real property may have been caused by the trespass and possibly also the market value cost of the water diverted from the Kings River. (Complaint at ¶9 alleged that the identified users of the Kings River included the District, but not Verboon or Van Groningen.) The court agrees with defendant that if the prayer in the complaint was to be amended, this would require responsive pleadings to the First Amended Complaint be filed, as wel...

Excerpt: ...k v Kirwan (1985) 39 Cal.3d 311, 318.) The court does not find that the underlying basis for the first three causes of action is a sham, or that the allegations set forth in ¶31 and ¶39 in the FAC are fatally inconsistent. Plaintiff alleged that his termination was substantially motivated by his perceived disability and/or engagement in protected activities. The emphasis in the FAC that the complaints about not receiving meal and/or rest breaks...

Excerpt: ...at only a writ of mandate may be brought to resolve this dispute are distinguishable. In the cases relied on by defendant, an administrative remedy existed which the court found had to be exhausted before the dispute could be brought before the court. Here, defendant conceded no such administrative remedy exists. The parties are in agreement that the standard of review of defendant's interpretation of the Vehicle Code §34501.2 is set forth in Ya...

Excerpt: ...dency of the litigation that party may recover only costs actually incurred by a party or in its behalf in prosecuting or defending the case.) The declaration of plaintiff counsel supports the finding that apart from the first appearance fee by Ceja, the remaining costs were the total costs incurred by all four defendants, three of whom remain in this litigation. The cost bill is reduced from $8,165.24 to $2,367.55. Plaintiff sought a reduction t...