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: ...) 252 Cal. App. 2d 256, 269; Thomas v. Doorley (1959) 175 Cal. App. 2d 545, 549; Ayer v. Robinson (1958) 163 Cal. App. 2d 424, 428–429. Demurrer The plaintiff has requested, and the court grants, plaintiff leave to amend to separate out the claims of the father from the claims of the son. The demurrer to the 4 th cause of action for NEID is sustained with leave as to the son. Given the physical injury suffered by the father, the claim for NEID ...