Excerpt: ... Second Amended Response to Plaintiff Barrios' Inspection Demands, served after the filing of the instant motion. (Kaufmann Decl., Exh. F at pp. 2 -5, 9 -17, 21 -34, 42- 45.) Plaintiff Barrios' reply, in acknowledging Defendant's amended responses, also appears to acknowledge that those responses “comply with at least some of its discovery obligations.” (Reply at 1.) The court recognizes that Plaintiff Barrios remains dissatisfied with the ...

Excerpt: ...wer purchase agreements (PPAs) between the parties. Defendants have assured plaintiffs and the court that they will not seek to enforce the pre -dispute waiver of a jury trial set forth in section 15.5 in the PPAs. In light of these assurances, the court grants defendants' motion to stay this action for forum non conveniens. The court has examined the sealed exhibits to the declaration of attorney Rugani and can confirm that the amended and rest...

Excerpt: ...e Rutter Personal Injury §9:230) Based on the pleadings filed, grant the motion. The court finds that bifurcation of liability from damages would promote judicial economy and would not unduly prejudice plaintiff. In reply to plaintiff's contention that this motion is premature, trial is set for 7/22/24. A motion for bifurcation must be heard 30 days before trial. (CCP 598; Rutter Personal Injury §9:224) The moving papers would have to be fil...

Excerpt: ...g & Water Purchasing, LLC and Pacific Boring, Inc., as stated more specifically below. A protective order will not issue at this time. As an initial matter, the court finds that Sandridge does not adequately establish its objections based on trade secrets or privacy, due to the failure to sufficiently identify the alleged trade secrets or proprietary information to be protected. (Code Civ. Proc. §2031.240 [requiring sufficient factual informatio...

Excerpt: ...re of the proposed amendment; (3) the validity of the proposed amendment, subject to certain limitations; (4) the proximity to trial; and (3) whether prejudice to the opposing party will result. (Weil & Brown, Civil Procedure Before Trial ¶¶6:638-6:653.) Motions for leave to amend the pleadings are directed to the sound discretion of the court and such discretion will usually be exercised liberally to permit amendment of the pleadings. (Howard ...

Excerpt: ...nowledge. (§340.6, subd. (a) [discovers or through use of reasonable diligence should have discovered the facts constituting the wrongful act or omission].) In this case, plaintiff signed partnership amendments in 2014 that clearly informed her that, if signed, she would be required on her death to distribute her entire general partnership interests to EG Farming Trust, and that the beneficiaries of that trust were Gary Esajian's daughters. ((UM...

Excerpt: ... any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the ...

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 ...

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...

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...

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...

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. ...

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...

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...

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...

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 ...

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 ...

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, ...

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...

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...

Excerpt: ...ttendance and testimony, and the production for inspection of any document, electronically 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.” Section 2025.410(a) provides that a party may serve a written objection to a deposition notice, specifying th...

Excerpt: ...ion for judgment on the pleadings with leave to amend, a plaintiff may amend his or her complaint only as authorized by the court's order. (Harris v. Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023; People ex rel. Dept. Pub. Wks. v. Clausen (1967) 248 Cal.App.2d 770, 785.) In the order, the court specifically directed Plaintiff to amend the complaint “in order to include allegations that give rise to a theory of liability for elder abuse...

Excerpt: ...2) 5 Cal.App.4th 1480, 1486.) In particular, the Complaint fails to include adequate facts with respect to the alleged disclosure to the social worker, the perpetrator's “propensity” for the conduct which caused injury to Plaintiff and the foreseeability of the abuse, as well as the nature of the social worker's visits with Plaintiff and the alleged “chronic, unmitigated, systematic, and pervasive problem” of sexual assaults and abuse of ...

Excerpt: ...der are allowed where the failure was willful. (Weil & Brown, § 8:2147; Aghaian v. Minassian (2021) 64 Cal.App.5th 603, 618-619 [“absent unusual circumstances, nonmonetary sanctions are warranted only if a party [acts] willfully”]; Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 605-606; Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545.) The appellate courts have agreed with trial court determinat...

Excerpt: ...is state that amendments shall be liberally allowed.” (Weil & Brown, Civil Procedure Before Trial ¶6:636; Vogel v. Thrifty Drug Co. (1954) 43 Cal.2d 184, 188; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; California Cas. Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 278.) The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of...

Excerpt: ...determine with any certainty which responses to production remain outstanding as of the date of this ruling and whether there is any need for any further order by the court in regard to such matters. To aid in the parties' discussions, the court—with the exception of Request for Production of Documents No. 5—rejects Plaintiff's contention that Defendant Hanfordidence fails to provide the requisite statement of compliance. Except for Request f...

Excerpt: ...er form of assistance, the FAP fails to state sufficient facts to impose CEQA-related obligations upon Angiola.” (¶12.) With respect to Angiola, the SAP alleges that Sandridge informed Petitioner that the Project was for use by Angiola. (¶8.) The SAP further alleges that Angiola board members have financial ties to John Vidovich and Sandridge and that such members have at various times communicated with Sandridge. (¶¶15, 21.) The SAP also a...

Excerpt: ...e Trial ¶6:636; Vogel v. Thrifty Drug Co. (1954) 43 Cal.2d 184, 188; Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; California Cas. Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 278.) The policy favoring amendment is so strong that denial of leave to amend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend...

Excerpt: ...[alleged by plaintiff] more likely than not'—that is, evidence that would prevent a finding of that material fact. (Barber v. Southern California Edison Co. (2022) 80 Cal.App.5th 227, 242 [quoting Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 851].) The moving party must satisfy this initial burden before the opposing party must controvert anything. (Id. [quoting Y.K.A. Industries, Inc. v. Redevelopment Agency of City of San Jose (20...

Excerpt: ... that its October 12, 2022 Order allowed for the filing of a motion to compel further responses upon Defendant's failure to timely comply. For the reasons addressed below, Plaintiff's motion for terminating, issue and/or evidentiary sanctions is premature and unwarranted. However, the court finds that further responses to the discovery requests should be ordered and monetary sanctions are warranted. Generally, the court “may make those orders t...

Excerpt: ...ing a protective order but he asserts in his reply that Defendant has not moved for one and that Defendant thus cannot assert objections based on commercially sensitive, trade secret, or private information. However, Plaintiff has not stated any objections to the entry of a protective order and has not addressed Defendant's contention that Plaintiff's review of and response to the draft protective order remains outstanding. Neither party has pres...

Excerpt: ...to adequately intervene or effectively care for Martinez by either providing additional care instructions to Hacienda Post-Acute, reporting the abuse and neglect to Adult Protective Services, in order to prevent further falls. As with the FAC, the allegations in the SAC are not adequately specific with respect to the alleged manner in which Dr. Nagavalli is supposed to have been made actually aware of the care home's purported neglect and abuse a...

Excerpt: ...at Plaintiff's evidence in opposition to the motion creates a triable issue of fact with respect to whether Defendants breached the standard of care. (Reply at 2, 3 n.1.) Accordingly, the court does not address this issue further in its ruling but accepts, for purposes of this order, that there exists a triable issue of fact as to whether Defendants breached the standard of care during labor and delivery. As for causation, Defendants present the ...

Excerpt: ...ries to prisoners with certain statutory exceptions. (Gov. Code §844.6 [a public entity is not liable for an injury to any prisoner]; Lawson v. Superior Court (2010) 180 Cal.App.4th 1372, 1383 [“Although a public entity may be vicariously liable for the acts and omissions of its employees (Gov. Code §815.2), that rule does not apply in the case of injuries to prisoners.”].) Among these exceptions is the liability of a public entity where an...

Excerpt: ...ifically addressed the issues needed for supplemental responses, demonstrated willingness to address privacy concerns through a confidentiality stipulation, and provided extensions and additional time. Plaintiff allowed approximately a full six weeks from the most recent communication from defense counsel before filing the motion. Additionally, the parties appear to have engaged in additional meet and confer efforts as ordered by the court on Nov...

Excerpt: ...e date and shall take precedence over all other cases, except older matters of the same character, and matters to which special precedence may be given by law.” Cross-Defendants have presented no persuasive or binding authority that the appeal of the preliminary injunction precludes Cross-Complainants from trial preference. Further, the court notes that even where preference is granted, the right to preference may expire if the case is mooted a...

Excerpt: ...rogatories (Set One) and for Monetary Sanctions November 29, 2022 at 10:30 a.m. in D-8, J. Chrissakis Defendant's motions to compel are granted. Plaintiff is ordered to provide verified responses, without objections to Defendant's Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) within thirty (30) days of service of this Order. Additionally, if verified responses to Defendant's R...

Excerpt: ...re shown to have vacated the premises. Plaintiff has demonstrated that the requisite notice to terminate the subject tenancy was provided. A thirty‐day written notice is adequate to terminate a month‐to‐month commercial tenancy. (Civ. Code §1946.) A thirty‐day notice does not have to state the reason for the eviction and may be without cause. (Ibid.) Here, the notice was provided by mail on July 13, 2022, indicating the tenancy was to be...

Excerpt: ...e restrained party if the final determination is that the plaintiff was not entitled to the injunction. (Code Civ. Proc. § 529; see also TopCat Productions, Inc. v. Michael's Los Feliz (2002) 102 Cal.App.4th 474, 478.) “[T]he trial court's function is to estimate the harmful effect which the injunction is likely to have on the restrained party, and to set the undertaking at that sum.” (ABBA Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 14;...

Excerpt: ...asis of personal knowledge by one who is competent to testify as to the facts involved. (Kendall v. Barker (1988) 194 Cal. App. 3d 619, 624.) Regarding John, he contests proper service of the Complaint and Summons and further attests that he was not required to respond based on lack of service. John states in his declaration that he was never personally served with the Complaint and Summons and instead found a copy in his mailbox, without postage...

Excerpt: ...the Workers' Compensation Act bears the burden of pleading and proving, as an affirmative defense to the action, the existence of the conditions of compensation set forth in the statute which are necessary to its application.” (Doney v. Tambouratgis (1979) 23 Cal.3d 91, 96.) “An exception to this general rule of pleading and proof by the defendant appears in the situation where the complaint affirmatively alleges facts indicating coverage by ...

Excerpt: ...trate disputes “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2; AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339.) The court's role under the FAA is limited to determining (1) whether a valid agreement to arbitrate exists and, if so, (2) whether the agreement encompasses the dispute at issue. (Chiron Corp. v. Ortho Diagnostic Systs.,...

Excerpt: ...” under the heading “Renter” is sufficient to establish Defendant Corey as the exclusive renter, while Plaintiff asserts that this receipt is insufficient to demonstrate a lack of rental relationship or liability on Tahler's behalf. In the court's view, the receipt appears to relate primarily to the payment for the claim arising from the subject collision and does not establish the parties to the rental agreement or the terms with respect t...

Excerpt: ...of these conditions was met. (Hopkins & Carley v. Gens (2011) 200 Cal. App. 4th 1401, 1410.) Declarations must be made on the basis of personal knowledge by one who is competent to testify as to the facts involved. (Kendall v. Barker (1988) 194 Cal. App. 3d 619, 624.) Defendants seek relief on the basis of mistake, i.e., that they believed there was no requirement to respond until all defendants had been served with the Complaint and Summons. Wit...

Excerpt: ...04) 32 Cal.4th 771, 790.) A plaintiff must demonstrate that defendant is guilty of something more than negligence; he must show reckless, oppressive fraudulent or malicious conduct. (Delaney v. Baker (1999) 20 Cal.4th 23, 31 [recklessness refers to a subjective state of culpability, which has been described as a "deliberate disregard" of the "high degree of probability" that an injury will occur].) "Recklessness, unlike negligence involves someth...

Excerpt: ...o the meet and confer letters of counsel are overruled. In ruling on a demurrer, this court is required to accept as true the allegations of the underlying pleading, but not contentions, deductions or conclusions of fact or law. (Blank v Kirwan (1985) 39 Cal.3d 311, 318.) Here, the first amended petition alleged respondents were engaged in a project consisting of the secret transport of water from wells near the City of Lemoore, to Blakeley Canal...

Excerpt: ...at is better than when the lease commenced].) Here, the SAC at ¶9 cited to the lease allegedly requiring inspection of the air conditioner on a monthly basis, and repair and replacement of defective conditions of the air and heating systems and roof. The court cannot say as a matter of law at the pleading stage whether plaintiff is entitled to recover damages for the alleged failure to inspect, repair or replace defects discovered after regainin...

Excerpt: ...willingness to consider the actions of Valdez in failing to follow her orders and completing job assignments supports plaintiff's harassment claims because evidence of discrimination based on protected status may be evidentiary support for the harassment claims. (Brennan v Townsend & O'Leary Enterprises Inc (2011) 199 Cal.App.4 th 1336, 1361[ The Supreme Court held that “discrimination and harassment claims can overlap as an evidentiary matter]...

Excerpt: ...s his agent. Defendant has also failed to present evidence that plaintiff's husband, the resident at defendant facility, took actions that would have led defendant to reasonably believe his wife was his agent, with authority to sign the arbitration agreement. (Flores, supra at 587‐ 88 [agency “can be established either by agreement between the agent and the principal, that is, a true agency [citation], or it can be founded on ostensible autho...

Excerpt: ...784.) Defendant is entitled to a verified response from plaintiff as to the medical care, examination and treatment received as a result of the accident. Defendant's motion to compel a further response to Form Interrogatory # 20.8 is granted. Plaintiff's objection that it is calling for expert information is overruled. Plaintiff's reference to the police report is inadequate. Defendant is entitled to a verified response from plaintiff as to the h...

Excerpt: ...cause of action do not address any facts underlying the lack of care plaintiff's decedent allegedly received from defendant. Defendant's demurrer to the second cause of action for medical negligence for failure to state facts sufficient to state a cause of action is sustained. The complaint is not directed to Dr. Magavalli, who was added as a Doe defendant eight months after the complaint was filed. Facts to support all elements of such a cause o...

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: ...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: ...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: ...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: ...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: ...e and electronic address. (Filed 3/24/21.) The opposition was timely filed. The opposition was served in the manner requested by defendant in its notice filed in March of 2021. There is no factual support for the request for a continuance to file a reply expert declaration. Defendant's motion for summary judgment or alternatively summary adjudication is denied. The declaration of plaintiff's expert filed in opposition to the motion creates a tria...

Excerpt: ...ve damages shall be filed 10 days after service of notice of ruling. The complaint alleged fraudulent concealment of a known “defective 6L80 MYC Hydra- Matic automatic transmission” based on GM's alleged failure to disclose this defect prior to the sale in its advertisements to the public about the vehicle. The plaintiff never directly communicated with GM. Knowledge of the defect by GM was based on “knew or should have known” allegations...

Excerpt: ...ms of the family trust and he should be protected from a dispute among family members as to entitlement to the lease payments. This lawsuit was filed on 2/5/20. Oliveira was not named as a defendant until the filing of the second amended complaint in November of 2020. This is Oliveira's first demurrer. A trial date has not been set. It appears to the court that how lease payments are to be paid during the pendency of this lawsuit is a matter that...

Excerpt: ...v Bales (1990) 221 Cal.App.3d 227, 230.) Cross-complainants argue the public policy protecting a lawyer from a lawsuit by the opposing party does not exist once the lawyer has been sued by the client and where participation in a fraud in the inducement claim has been alleged. However, cross-complainants have failed to cite to persuasive authority to support this argument. Little's duty and undivided loyalty were to plaintiff. As noted in the repl...

Excerpt: ...ation was not given. The failure to give the notice made the notice void. (Civil Code 1946.2 (d) (4) [An owner's failure to strictly comply with this subdivision shall render the notice of termination void]. The absence of a notice of termination is not a defect in the complaint that can be cured by amendment. (Berkowitz v Palm Springs La Quinta Development Co (1940) 37 Cal.App.2d 249, 251 [It is thoroughly settled that plaintiff's cause of actio...

Excerpt: ...loud v Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) The motion for judgment on the pleadings may rely on discovery admissions by the opposing party, but only if they are clear and unambiguously inconsistent with the allegations of the complaint. (Del E. Webb Corp v Structural Materials Co (1981) 123 Cal.App.3d 593, 604.) The responses attached to the declaration of defendant counsel consist of checks from plaintiff to defendant in a su...

Excerpt: ...selecting a continued hearing date. The tentative ruling on the future continued hearing is set forth below. In a supplemental brief, defendants requested that the court take judicial notice of verified discovery responses from plaintiff. Defendants contend that plaintiff received the trust documents within two months of her husband's death, so that the one year statute of limitations set forth in Code of Civil Procedure section 366.3 applies to ...

Excerpt: ... the court finds that the reduction of duplicate costs of litigation and discovery, and the need to avoid inconsistent results, supports the stay of the PAGA claims (which appear to be based on the same or similar employment practices to be litigated in the arbitration proceeding). ...

Excerpt: ...rth Amendment to the trust, which is contrary to defendants' interpretation. (Estate of Williams (2007) 155 Cal.App.4th 197, 215 [In construing the writing, the court looked not only at the four corners of the document but also considered extrinsic evidence. “If the prerequisite testamentary intent does not appear from the face of the instrument itself,” the court wrote, “reference may be made to the circumstances of its execution, and the ...

Excerpt: ...s have not filed a motion to amend to date. (CRC 3.1324 [motion to amend requirements].) The plaintiff's failure to have insurance (if true) would also impact relevant discovery. (Civil Code §3333.4.) At present, however, the court is not in a position to find plaintiff's discovery outside the scope of proper discovery. (CCP §2017.010.) Alfred Perez has served verified responses before the hearing in substantial compliance. The motion to deem r...

Excerpt: ...arches in the presence of the 40 inmates and the defendants. (¶¶ 37, 40, 70.) It was alleged that these searches were only conducted when there was a transgender inmate present. (¶28) Specific intent to violate plaintiff's well established constitutional rights was alleged. (¶35, 39, 41, 42.) The strip searches made plaintiff a target for sexual violence and signaled to others that she could be sexually harassed without consequence. (¶34, 35...

Excerpt: ...ractices, breach of fiduciary duty, intentional misrepresentation, promissory fraud, unjust enrichment, constructive trust, injunctive relief and declaratory relief. The action against the moving party defendant was dismissed on 8/27/20. The motion for attorney fees as costs relied on the Second Amended and Restated Partnership Agreement which contained an attorney fees clause as follows: “Should any litigation be commenced between the parties ...

Excerpt: ...rified responses are due 15 days after service of notice of ruling. Plaintiff failed to respond to defendant's meet and confer attempts and plaintiff has not corrected or verified the responses that were provided. Defendant's request for sanctions in the sum of $1965 is granted. Defendant's motion to compel verified responses to economic litigation form interrogatories CCP §2030.030 (a )(2) provides that a party may ask any additional number of ...

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: ... to any further funds from the sale of his partnership interest in order to pay for his criminal defense. The court agrees with plaintiff that paragraph 6.1 exaggerates the partnership's “contingent liabilities” from the wrongful death action (17C0009). This litigation was stayed due to a motion brought by plaintiff. It was alleged that plaintiff was in the course and scope of employment with the partnership when the wrongful death occurred. ...