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...

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...

Excerpt: ...facts requisite to a valid service].) Defendant has filed a declaration challenging the purported substitute service on the casino and the individual defendants on the basis of: 1) failure to supply details as to why the process server believed he had served a person apparently in charge in light of defendant's declaration that no person described by the process server was employed by defendant and could have been considered a person in charge an...

Excerpt: ...ement provided any dispute was to be construed under Colorado law; there is no equivalent statute in Colorado; 3) by its unambiguous language, indemnity for defense costs is not precluded under Labor Code §3864. For the reasons discussed below, the court declines to consider the first or second argument as a basis for its ruling. Instead, the court finds that by its unambiguous language, Labor Code §3864 does not prevent a third party from seek...

Excerpt: ...should be taken into consideration in setting the date and conditions of the deposition.) No sanctions are ordered. ...

Excerpt: ...of 2019. The FAC alleged that a false and defamatory blacklist letter was placed in plaintiff's personnel file with the intent to prevent plaintiff from pursuing a career as a firefighter. It was alleged that the placement of this letter in plaintiff's personnel file without giving plaintiff the opportunity to challenge the facts alleged therein was contrary to defendant's written policy and procedures. The court finds that the discovery of the f...

Excerpt: ...drawn there from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) In making this determination, trial courts usually follow a three‐step analysis: identifying the issues as framed by the pleadings; determining whether the moving party has established facts negating the opposing party's claims and justifying judgment in the movan...

Excerpt: ...oreign taxpayer in this state may be forfeited, if a taxpayer fails to file a tax return required by this part].) Plaintiff has not submitted any documentation which would rebut this inference. Instead, plaintiff argues that its suspended/ forfeited status was known before it renewed its sister state judgment and should have been raised within the 30 day period provided by Code of Civil Procedure section 1710.40, subdivision (b ). Plaintiff argue...

Excerpt: ...1048 (b) ]The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross–complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.] Th...

Excerpt: ...ill accept as true the proof of service that reflects service on that date. The court finds that the right to object was not waived by plaintiff. However, the court orders plaintiff to produce a privilege log as to any document in plaintiff's possession or control that is privileged as a result of work produce, attorney client privilege, which objection plaintiff asserted in response to requests ##76-81 and 83-92. The privacy objection made as to...

Excerpt: ...t exists if responding to telephone calls on plaintiff's days off was “required” by defendant employer. ( Cochran v Schwans Home Serv (2014) 228 Cal.App.4th 1137, 1145.) Plaintiff testified to receiving telephone calls of five minutes or so several times a week. The court has reviewed the additional plaintiff deposition excerpts, which reflect that plaintiff did not always answer the telephone call from defendant. Sometimes she would listen t...

Excerpt: ... complained they could not see. The lights were not turned back on. (FAC ¶ 12) Another danger was that there were no accessible walkways through the premises to a parking area for persons in a wheelchair. (FAC ¶15) A five to six inch lip between the gravel parking lot and street had to be negotiated by plaintiff. Plaintiff was forced to travel backwards in his wheelchair due to the fact it was the easiest way for him to maneuver through gravel....

Excerpt: ... fee could never be determined until after the patient is evaluated and for this reason, the law does not require a hospital to provide an estimate of the cost of treatment at an emergency room. (H&SC §1339.585.) The court has already found that the legislature has spoken as to the requirements of a hospital to disclose its charges for fees and services. (H&SC §1339.51.) Plaintiff concedes that she is not alleging that defendants failed to comp...

Excerpt: ...rino for injury to an employee of Collins Air. (Ex 5) The answer to the cross- complaint does not expressly raise Labor Code 3864 as an affirmative defense. The cross complaint does raise an affirmative defense of failure to state facts sufficient to state a cause of action. The motion for summary adjudication seeks an order that Collins Air is contractually liable for the defense costs incurred by Leprino. Summary adjudication of the duty to def...

Excerpt: ...the Cotton project. Notice was not given by Soligent to any lender. Soligent is not asserting a stop notice or claim against a payment or performance bond, or bringing any claim against a construction lender. No authority is cited that a supplier may not file a mechanic lien under these circumstances. Soligent supplied the solar panels installed by AHE on a residence owned by Cotton. As a material supplier, Soligent has a statutory right to file ...

Excerpt: ...ailing party under Civil Code section 1717. The enforcement of this judgment was resisted by Pinedale. Pinedale asserted illegality of the contract between the parties and made a rescission argument. The City of Fresno is a prevailing party in its suit to enforce the judgment. The city is entitled to its attorney fees and costs under Civil Code §1717, CCP 1032, CCP §685.070 (a )(6) and §685.040. The authority cited by Pinedale to the contrary ...

Excerpt: ...he subpoena noting that it was subject to criminal penalties for releasing tax documents without a court order or consent from the taxpayer. Defendant contends this was not an “objection,” so this motion, directed to plaintiff after plaintiff failed to respond to letters seeking consent, filed 67 days after the CPA letter is not barred by the 20 day time limitation. No other code section was cited in support of the motion. The court does not ...

Excerpt: ...rastate business is not being conducted by a foreign limited liability company when it takes actions in California to collect a debt. (Conseco Marketing LLC v IFA & Ins Services (2013) 221 Cal.App.4 th 831, 840 [the SSFMJA does not contain a requirement that a judgment creditor which is a foreign corporation or foreign limited liability company, such as judgment creditor here, needs to qualify with the Secretary of State as a precondition to invo...

Excerpt: ...eed of trust. Defendant's demurrer to the 4 th and 6 th causes of action brought by Khodadad on the basis of lack of standing is sustained. The FAC at paragraph 55 alleges that Khodadad lost his investment and equity in Cashera as a result of the alleged fraud and wrongful foreclosure. The sole authority cited by plaintiff in opposition to the demurrer is distinguishable. (Munger v Moore (1970) 11 Cal.App.3d 1, 8 [a successor in interest to prope...

Excerpt: ... injury suffered by plaintiff could have been caused by the x-ray equipment due to an issue with the sensor and/or the wire connecting it to the computer. Defendants objected to Dr. Smith's declaration on the grounds that it lacked foundation because Dr. Smith did not state he had examined the x-ray machine and because Dr. Smith merely speculated that there was a possibility the digital detector and its attachments could have been the source of t...

Excerpt: ...: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 9:106 at 9(i)-90.) The court finds that all parties stipulated that the code would be followed with reference to what would happen following the premature conclusion of plaintiff's deposition. (RT 104- 105.) CCP 2025.520 provides that the deponent has 30 days after notice by the deposition officer that the transcript is available to read, correct and sign the transcript. The deponent may �...

Excerpt: ...ve authority to accept service of process on behalf of the CHP. Accordingly, the motion to quash service of summons and complaint is granted. ...

Excerpt: ...oposed judgment submitted by the City of Fresno. Respondent objects to the court consideration of the City's motion for attorney fees and argues that the motion is premature. The court has no objection to continuing the hearing on the motion until after the statement of decision is filed and judgment is entered. (CRC 3.1700.) The parties may select a hearing on the motion. In the interest of expediency, the court has reviewed the pleadings of the...

Excerpt: ...was not given by Soligent to any lender. Soligent is not asserting a stop notice or claim against a payment or performance bond, or bringing any claim against a construction lender. No authority is cited that a supplier may not file a mechanic lien under these circumstances. Soligent supplied the solar panels installed by AHE on a residence owned by Cotton. As a material supplier, Soligent has a statutory right to file a mechanic lien for the non...

Excerpt: ...must be established to support the heightened need for supervision before school and during recess as set forth in the minor's IEP due to the minor's “challenged motor skills, energy level and his tendency to lose his balance and fall when accidently pushed or fatigued.” The extent of the minor's disabilities before the fall will necessarily be part of the evidence at the liability phase of trial. Any prejudice to defendant from jury sympathy...