Excerpt: ...cessary because the majority of the communications between Ms. Brody and attorney Kevin Crockett were in writing, Ms. Brody is a witness to the purported settlement agreement. For this reason, Plaintiff is entitled to take her deposition. However, the Court agrees with Defendant that the scope of the deposition should be limited to Ms. Brody's communications (both written and oral) with attorney Kevin Crockett between May 5, 2020 and August 5, 20...

Excerpt: ...ts pursuant to Code of Civil Procedure § 1032 and attorneys' fees incurred prior to July 1, 2019 as allowed by California law and to be determined by the Court to be necessary and reasonable for the prosecution of this action. 7. It is expressly understood that only those attorneys' fees and costs incurred prior to July 1, 2019 are eligible to be awarded. There shall be no allowance for fees and costs incurred for the mediation or for submitting...

Excerpt: ...murrer to the Fifth Cause of Action is sustained, with leave to amend. All of the elements are not pled and a statutory basis for liability needs to be pled as well. 3. The demurrers to the Second and Sixth Causes of Action are overruled. As to the Second Cause of Action, the allegations are sufficient and as to the Sixth 2 Cause of Action, Defendants have failed to cite any legal authorities to support their demurrer.1 Defendant Bertrand Christo...

Excerpt: ...motion and still has not filed verified supplemental/further responses to Plaintiff's FRG#1. Defendant filed Oppositions on the grounds that on February 25, 2021, Defendant served its Further Responses to FRG#1. In her Reply, Plaintiff agrees that Defendant served its Further Responses to FRG#1, however, those responses were unverified and provided the same “n/a” responses although in same cases with an add clarify. Also in her Reply, Plainti...

Excerpt: ...rt takes the matter off calendar and the movant can refile when a code compliant meet and confer is accomplished. In doing the above, the Court suggests the parties discuss the following: As the loss of consortium is a common law cause of action, it cannot lie against CalTrans. In opposing, Plaintiff Guadalupe points to two cases. In Salas v. Department of Transportation (2011) 198 Cal.App.4th 1058, 1066, fn. 3, the Court of Appeal held in conjun...

Excerpt: ... such as Mr. Hernandez. Defendant still seeks monetary sanctions, however, based on the time expended litigating the issue while Mr. Hernandez was still a named plaintiff. The motion, however, is untimely because the parties stipulated that section “2031.010 et seq. shall apply to the responses . . . for all intents and purposes.” As such, the deadline for filing a further response is based on the document production requests, which expired, ...

Excerpt: ...s treated as a admission that the motion is meritorious.) As a result, the parties failure to oppose the Demurrer is construed as an admission that there are no fact that could be alleged to cure the defects in the pleadings and that the Demurrer is meritorious. The Demurrer is sustained with 10 days leave to amend. The Motion to Strike is moot based upon the demurrer ruling. Date _ Judge ...

Excerpt: ...re‐Angel on March 18, 2021. Therefore, despite overlap in the two cases, Filamore‐Angel is no longer “another action pending.” Nevertheless, claims asserted in the Allen matter may be barred under the doctrine of res judicata due to their resolution in the Filamore‐Angel matter. But that is not the ground on which defendant demurred. Even though the underlying issues may be the same—whether claims asserted in Allen extend farther back...

Excerpt: ...ction subject to the requirements of this article, whether through oversight, inadvertence, mistake, neglect, or other cause, may apply to the court for leave to amend his pleading, or to file a cross‐complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint, t...

Excerpt: ...may apply to these different work‐environments, but plaintiff is entitled to ascertain the underlying facts. Plaintiff's letter to the LWDA was not restricted to dry depot employees. Plaintiff sought temperature data going back ten years, while defendant proposed a cut‐off date of January 15, 2018. Plaintiff offered a compromise of five years. Five years is reasonable. Even though temperatures pre‐dating the PAGA period (one year before fil...

Excerpt: ...ntersection of Lone Pine Canyon Rd. Plaintiff Suzi was a passenger in Garrett's vehicle. Also driving eastbound on SR 138 was Gautier in a tractor‐trailer owned by CR England. Due to Gautier traveling at an unsafe speed and failing to yield to stop traffic, a collision occurred between him and the Plaintiffs, causing Plaintiffs to sustain injuries (¶¶9‐13). At issue is a motion to quash subpoenas for records regarding Plaintiffs' gun owners...

Excerpt: ...tion of records as requested. Defendants have made much of the fact that the decedent was only in Defendants' care for one week and imply that they could not be responsible for any harm the decedent 1Judge Frangie is absent from the Court on April 1, 2021. In the event that both parties do not submit on the Court's tentative, the hearing shall be trailed to April 5, 2021. Please contact Judicial Assistant Teri Handyside in the event either party ...

Excerpt: ...addressed in the motion for which Respondent also asserted objections Page 4 of 12 on grounds of the attorney‐client privilege and the attorney work‐product doctrine. Petitioner appears to concede this point. With respect to the remaining documents at issue, Respondent has failed to meet its burden regarding the privilege. Generally, deliberations of government officials are entitled to a limited amount of protection against public disclosure...

Excerpt: ... Order of Dismissal. The Court also requested briefing as to whether Education Code section 44009 renders the Order of Dismissal moot for purposes of this writ, and supplemental briefing on the application of the Morrison factors. Motion to Augment Code of Civil Procedure section 1094.5, subdivision (e), provides: Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or t...

Excerpt: ...lated protective order in this action.” (Motion 15:8‐10.) The Court requires the information to evaluate the fairness of the proposed settlement, even at the preliminary stage. At the least, counsel must lodge evidence of the defendant's financial condition with the Court, conditionally under seal, along with a motion to have the information filed under seal. Counsel should also be prepared to address whether the information should be filed n...

Excerpt: ...rer, all facts pleaded in the complaint are assumed to be true however improbable they may be. (Aubry v. Tri‐City Hosp. Dist. (1992) 2 Cal.4th 962, 966‐967.) However, the Court does 2 “not accept as true contentions, deductions, or conclusions of fact or law.” (In re Ins. Installment Fee Cases (2012) 211 Cal.App.4th 1395, 1402, citing Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) B. Meet and Confer Requirement U...

Excerpt: ...t him or her through his or her mistake, inadvertence, surprise, or excusable neglect. (Code Civ. Proc., § 473, subd. (b).) 2 Under Section 473, subdivision (b), the motion must be made within a reasonable time, but in no case exceeding six months, and the proposed answer must be filed with such motion. The six‐month limit is jurisdictional in nature. (Maynard v. Brandon (2005) 36 Cal.4th 364, 372.) An application for relief under Section 473,...

Excerpt: ...For guidance for the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. 1 To establish “good cause” to compel further responses, the burden is on the moving party to show both r...

Excerpt: ...artinez, however, has not shown that his interests, or those of the putative class members in the Martinez case, are not adequately represented in this case. As part of the “community of interest” requirement for class certification (and approval of the proposed settlement), plaintiffs in this case must show they adequately represent the class. (Lockheed Martin Corp. v. Superior Court (2003) 29 Cal.4th 1096, 1104.) A class representative, thr...

Excerpt: ...taffing resumes. Substitution of attorney forms are not one of the exceptions. Therefore, at the OSC on December 10, 2020, the substitution of attorney form filed on October 9, 2020, was not present in the physical file. The court consulted the register of actions, however, which indicated that a substitution had been filed on behalf of plaintiff Bubba Likes Tortillas LLC, but erroneously omitted mention of plaintiffs Washington LLC and MTV Holdi...

Excerpt: ...oners, who were African American shoppers, claimed they had been beaten by a shopping center's security guards. (Fuller, supra, 87 Cal.App.4th at pp. 302‐303.) The petitioners sued, among others, the individual guards, and the petitioners noticed the guards' depositions. (Id. at p. 303.) The guards moved for a protective order to prevent the depositions from going forward, as the United States Attorney's Office and the FBI were investigating th...

Excerpt: ...,555.50 before or at the hearing. Absent substantiation, the cost award will be limited to $7,491.94. Administrator Fee: The motion states that administrator's fee is “estimated” to be $6,250.00. The Court preliminarily approved a maximum fee of $6,000.00. The Court cannot award more than $6,000.00, yet the actual fee may exceed that amount. The Court suggests that the additional $250.00 (or other amount charged by the administrator in excess...

Excerpt: ...at may be inferred from those expressly pleaded, and of any material facts of which judicial notice has been requested and may be taken. (Crowley v. Katleman (1994) 8 Cal. 4th 666, 672.) The court gives the pleading a reasonable interpretation by reading it as a whole and all of its parts in their context. (Moore v. Regents of Univ. of Calif. (1990) 51 Cal. 3d 120, 125.) Because the factual allegations are assumed to be true, the possibility that...

Excerpt: ...” (Cholakian & Associates v. Superior Court (McDonold) (2015) 236 Cal.App.4th 361, 368.) The opinion cited by plaintiff, Howell v. Stetefeldt (1886) 69 Cal.153, appears to be premised on an obsolete version of the statute. 3. Merits: Crestwood Behavioral Health, Inc. v. Superior Court (Fragoza) (2021) 60 Cal.App.5th 1069, was published two days after this motion was filed. Crestwood holds that in a PAGA action, “venue is proper in any county ...

Excerpt: ...g of 18 U.S.C. § 1030. The Complaint alleges that Defendant intentionally and without authorization accessed such protected computer and, by destroying the contact information, caused damage and loss through such access. The Complaint also alleges that the loss by such unauthorized access meets or exceeds $5,000 in value. (Complaint, ¶¶ 70‐72.) It is further alleged that “In performing the unauthorized access, Defendants acted with malice,...

Excerpt: ...yet, however, Chavez does not appear to have agreed, at least not formally. Therefore, the motion to stay this case is granted, with the proviso that if Chavez does agree to plaintiff's proposal, that may provide a basis to lift the stay. Counsel can do so by stipulation or, in the absence of a stipulation, plaintiff can file a motion to lift the stay. ...

Excerpt: ...) 60 Cal.App.4th 171, 178 fn.4.) II. Plaintiff's Evidentiary Objection: Sustain Plaintiff's Objection to Supplemental Declaration of Jesus Navarrete, filed March 12, 2021. There is no basis to consider this late filing containing new evidence. III. Request for Judicial Notice: The request is denied. While the Secretary of State's official website may provide some modicum of reliability, there is no basis on which to grant judicial notice. Exhibit...

Excerpt: ... period is extended by five court days. (Code Civ. Proc., § 437c, subd. (a)(2).) Costco filed its MSJ on February 11, 2021. The proof service attached to the MSJ indicates Costco served its MSJ by mail on February 10th. Seventy‐five days beyond that date is Monday, April 26th. Adding the five court days for mail service results in a date of Saturday, May 1st. The hearing should have thus been noticed on or after Monday, May 3rd. Instead, it wa...

Excerpt: ... 411.2 which requires that the motion be filed and served at least 8 days before the TRC. 2. It is defective as not in compliance with Local Rule 415(a)(2) which provides, “(a) (2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that...

Excerpt: ...ct, where it is proven that the defendant is guilty of oppression, fraud, or malice, the plaintiff may recover punitive damages. It does not, however, automatically follow that because a plaintiff is entitled to compensatory damages he is also entitled to exemplary damages. (Silberg v. California Life Ins. Co. (1974) 11 Cal.3d 452, 461.) To establish a conscious disregard for the safety of others as a predicate for punitive damages, a plaintiff m...

Excerpt: ...Analysis Motion to Set Aside The Proof of Service of Summons pertaining to Keller Williams Big Bear indicates that service was made on “Michael Shawn Hoffman, Authorized to Accept Service.” Service was purportedly made on October 30, 2020, at 11:21 a.m. at 39374 Lodge Road, Fawnskin, CA 92333. However, Michael Hoffman was not the agent for service of process and, therefore, service was ineffective. With respect to Michael Shawn Hoffman, Teres...

Excerpt: ... is approved. The amount sought for incentive fees is high, but there were no objections raised by the any of the 555 class members and aggrieved employees. Furthermore, reducing the incentive awards would result in relatively small increases in the individual payments. The Court will schedule a hearing to confirm final distribution of funds approximately one year out. ...

Excerpt: ...e is denied as unnecessary. B. Motion: The unopposed motion for summary judgment is granted. The cross‐defendant has established it has no involvement in this litigation as it did not contract for, authorize or perform any work at the Subject 2 Property. (UMF 5 – 9; Declaration of Greg Moline; Deposition excerpts of Caryn Baitel). II. Defendant Greg Moline, individually and dba Triton Builder's Motion for Summary Judgment/Adjudication of the ...

Excerpt: ...s irrelevant and Plaintiffs are asking to accept the truth of statements therein, which is improper, as judicial notice would only be of the existence of the filed pleading, not the truth of the arguments asserted. Firstly, Defendants Dunagan offer no clear reason why an order to show re compliance should issue. Even if late, they do not dispute the bond was posted. Sayegh complied eventually so an order to comply appears unnecessary. Second, Dun...

Excerpt: ... Proc., §128.7, subd. (d); Malovec v. Hamrell (1999) 70 Cal.App.4th 434, 441.) Section 128.7, subdivision (b) states: By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circums...

Excerpt: ...condition at the time of the injury.” (Gov. Code, § 835.) Instead, all Plaintiff alleges is that Gonzales and Erickson, both of whom are Chaffey employees, created the dangerous condition when they had Plaintiff run full speed throughout the gymnasium while blindfolded. (¶¶ 9‐10, 16, 20‐21, 30‐33.) While Plaintiff does generally allege the premises were “in a dangerous, defective and unsafe condition,” and that Chaffey “failed to...

Excerpt: ...s irrelevant and Plaintiffs are asking to accept the truth of statements therein, which is improper, as judicial notice would only be of the existence of the filed pleading, not the truth of the arguments asserted. Firstly, Defendants Dunagan offer no clear reason why an order to show re compliance should issue. Even if late, they do not dispute the bond was posted. Sayegh complied eventually so an order to comply appears unnecessary. Second, Dun...

Excerpt: ...he arguments raise afford the relief requested, whether under section 663 or otherwise. On this basis alone, the motion could be denied. (See Quantum Cooking Concepts, Inc. v. LV Associates, Inc. (2011) 197 Cal.App.4th 927, 931 [Trial court does not abuse its discretion by denying motion containing no discussion relating to the facts of the case or to the law cited].) The opening brief and supporting evidence were also filed late pursuant to the ...

Excerpt: ... argue the fraud causes of action are not pleaded with the requisite particularity. Defendants argue the allegations are conclusory. In opposition, Plaintiff references allegations from the Complaint and argues that she has pled sufficient facts to support her fraud claims. Plaintiff states that the special demurrer fails to specify in what particulars the pleading is uncertain. Analysis The elements of actionable fraud are: “(1) a false repres...

Excerpt: ...TORIES (SET #3): C. DEFENDANT ESTHER GARCIA'S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS RE DEMAND FOR PRODUCTION (SET #3): 2 In the exercise of the Court's discretion, the motions are granted. Preliminarily, it would be the height of pettiness for the Court to deny the relief (which has significant consequences for a party) because the caption was incorrect.1 The Court agrees with defense counsel that a plain reading of the statutes providing f...

Excerpt: ...evidence can be considered. (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881.) 2 For the purpose of testing the sufficiency of the cause of action, the demurrer admits the truth of all material facts properly pleaded, i.e., ultimate facts alleged, but not contentions, deductions, or conclusions of fact or law. (Serrano v. Priest (1971) 5 Cal.3d 584, 591; Adelman v. Associated Int'l. Ins. Co. (2001) 90 Cal.App.4th 352, 359.) Facts app...

Excerpt: ... fact or law, and may consider exhibits attached to the complaint. (Id. at 732‐33; Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924.) Specific factual allegations modify and limit inconsistent general statements. (Fin. Corp. of Am. v. Wilburn (1987) 189 Cal.App.3d 764, 769.) The court must interpret the complaint reasonably, reading it as a whole and considering all parts in their context. (Hale v. Sharp Healthcare (2010) 183 Ca...

Excerpt: ...or the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. Fireman's Fund Ins. Co. v. Superior Court (1991) 233 Cal.App.3d 1138, 1141. A protective Order will obviate, in most cases,...

Excerpt: ... precedential value, only one of them, an unsigned superior court tentative ruling, addresses the pivotal issue raised in this motion, which is whether the employer demonstrated the employee e‐signed the agreement. (See Ex. G.) Because analysis of that issue involves analysis of specific facts unique to each case, an unrelated trial court ruling is irrelevant. RANDSTAD/AIO Acquisition (AIO)'s Motion to Compel Arbitration: The motion is granted....

Excerpt: ...efendants opposed the motion and, inter alia, argued that the pleading was unclear as to what was sought to be amended. On January 19, 2021, the Court continued the motion to allow Plaintiffs to clarify the amendments and provide a red‐lined version of the changes to the current complaint, along with a clean version of the Amended Complaint. In addition, the Court requested further briefing on the issue of whether or not the Court had the power...

Excerpt: ...AMINATION Statement of Law – Compel Medical Examination A defendant can seek a medical examination with leave of court pursuant to Code of Civil Procedure section 2032.310. The notice of motion must set forth the time, place, identity, and specialty of the examiner, and the “manner, conditions, scope and nature of the examination.” (Code Civ. Proc., § 2032.310, subd. (b).) The moving party must include a declaration showing a good faith at...

Excerpt: ... On December 21, 2020, the Court overruled Defendants' demurrer to Plaintiff's complaint. The Court ordered Defendants to file their answer within 30 days. On January 19, 2021, Defendants answered. On February 9, 2021, SCITC and Spectrum (“Moving Defendants”) filed this motion for leave to file a cross‐complaint against Plaintiff and a third‐party, Katya Linky. DISCUSSION Code of Civil Procedure section 428.50 provides: (a) A party shall ...

Excerpt: ...s, fluoroscopy procedures had been conducted at Hospital by staff who do not hold the requisite fluoroscopy permits, under the direction and supervision of a certified supervisor or operator. (¶44.) Accordingly, Hospital violated Health and Safety Code section 1071110, and is liable for $5,000 per offense, for an estimated $3.6 million. (¶¶47‐48.) At issue is a motion for judgment on the pleadings. 2 DISCUSSION Statement of Law – Motion fo...

Excerpt: ...aphs 10, 13, 15, and 16 are contractually binding and enforceable. (DF ##35‐36; Susan Morales (SUSAN1 ) Declaration at ¶17, Exh. 3, p. 3.) While Defendants dispute this, asserting in her deposition SUSAN testified that she did not believe the letter of intent was a contract. However, Defendants do not offer any legal authority that the subjective testimony of a corporate officer to an agreement 1 Since both individual Plaintiffs have the same ...

Excerpt: ... to raise a triable issue of material fact. This is immaterial because the moving party Page | 2 bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co., (2001) 25 Cal. 4th 826, 850‐851. Where the plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. Cod...

Excerpt: ... to raise a triable issue of material fact. This is immaterial because the moving party Page | 2 bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlantic Richfield Co., (2001) 25 Cal. 4th 826, 850‐851. Where the plaintiff seeks summary judgment, the burden is to produce admissible evidence on each element of a cause of action entitling him or her to judgment. Cod...

Excerpt: ...portion of the purchase price of PWT. Under its terms, Rees agreed not to compete with Plaintiff without Plaintiff's written consent anywhere in the United States. Rees was to protect all confidential information and not disclose or use for his own account. Rees was not to employ any of Plaintiff's employees or encourage them to leave Plaintiff's employ. (Complaint, ¶¶147‐151.) Plaintiff further alleges Rees breached when he started Vazza onl...

Excerpt: ...ion of documents to Request for Production of Documents (Set 1): All motions are granted. Defendant BaronHR West Inc.'s remedy upon receiving the discovery was to seek a protective order that it need not respond until the issue of arbitration is determined. It did not do that. Defendant has not sought to compel Flores to arbitration. Defendant does not offer any case law or authority that it can hide behind it holding a signed arbitration agreeme...

Excerpt: ...fore the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. (b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (a), the employee or consumer m...

Excerpt: ...up, LLC as that party was dismissed on February 11, 2021.The unopposed demurrer to the Tenth Cause of Action (Quantum Meruit) is sustained as to Cross‐defendant PRG SANS, LLC. Unless Cross‐complainant EAGLE can make an offer of proof as to how the cause of action may be amended to state a viable cause of action, the demurrer is sustained, without leave to amend. In that event, moving party shall submit a Judgment of Dismissal prior to the nex...

Excerpt: ...he employment paperwork, and had to do so on his cell phone as he did not have a computer at home. The documents were not explained to him and no copies were sent. (Hunkin Decl. at ¶2.) Contracts of adhesion in the arbitration setting of this nature constitute only modest procedural unconscionability. Da Loc Nguyen v. Applied Medical Resources Corporation (2016) 4 Cal.App.5th 232, 248. [4th Dist.] The significant impediment to arbitration is the...

Excerpt: .... 4th 442, 447 [78 Cal. Rptr. 2d 101]; see also Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 221 [197 Cal. Rptr. 783, 673 P.2d 660].)6 (original emphasis) The non‐disclosure agreements are the type of agreements that can establish a trust relationship imposing confidential duties on the parties. 2. The demurrer to the Fourth Cause of Action on grounds of failure to state facts sufficient to constitute a...

Excerpt: ...filed with the California Secretary of State on January 31, 2017, and (2). The Court grants the City's request for judicial notice pursuant to Evidence Code section 452, subdivisions (b) and (c). The City's Demurrer The City demurs to Plaintiffs' entire FAC on the grounds the FAC fails to allege sufficient facts to constitute a cause of action. Further, the City demurs to the first cause of action for violation of Labor Code, section 1102.5, on t...

Excerpt: ..., the burden shifts to the plaintiff to establish his probability of prevailing on the claim. (HMS Capital, Inc. v. Lawyers Title Company (2004) 118 Cal.App.4th 204, 211.) A defendant meets his initial burden by demonstrating the act underlying the plaintiff's cause of action fits one of the categories spelled out in section 425.16, subdivision (e). (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) The “focus is not the form of the plaintiff's c...

Excerpt: ...ules of Court. Defendants cite to no authority providing for lodging exhibits in support of a summary judgment/adjudication motion. Therefore, the Court orders the exhibits filed and admonishes Defense Counsel in the future to file the evidence they would like the Court to consider. 1 Lodged exhibits are exhibits merely being temporarily placed or deposited with the court but not filed, and until it is filed, it is not part of the court's permane...

Excerpt: ...ourth Cause of Action is overruled. 3. The demurrer to the Fifth Cause of Action is overruled. A party at the pleading stage may plead alternative remedies. 4. The demurrer is sustained without leave to amend as to the Sixth Cause of Action. The Court finds the federal cases persuasive. Motion to Strike: Defendants' motion to strike is denied as to the civil penalty allegations under the SongBeverly Act. The Court cannot tell from the face of the...

Excerpt: ...ay agree with Caltrans that the initial application may have been lacking the criteria for a good faith settlement, (leaving out many of the Tech‐Bilt considerations,) the declaration submitted by Dale Dunlap, P.E. with the reply is sufficient for this Court to approve the good faith settlement. Plaintiffs did not list the rough approximation of the Plaintiffs' total recovery, Kemira and Flores' proportionate share of liability, Kemira's financ...

Excerpt: ...ol. The Court asks the Plaintiff to address the issue regarding a bond to be posted. DENY the preliminary injunction in all other respects. Plaintiffs have not demonstrated a probable success on the merits with respect to imposing a constructive trust on Defendant's bank accounts by presenting evidence that particular funds in her possession are clearly traceable to the accounts. Normally injunctions do not issue where only money is involved and ...

Excerpt: ...rant. Plaintiff Miguel Guadarrama is ordered to serve verified answers, without objection, to the Form Interrogatories (Set #1) on Defendant Omnitrans on or before March 19, 2021. Motion to Compel Responses to Request for Admissions (Set #1): Grant. The truth of matters specified in Request for Admissions (Set #1) 1‐8, is deemed admitted against Plaintiff Miguel Guadarrama. Motion to Compel Responses to Request for Production of Documents (Set ...

Excerpt: ... 361, 367.) “Ordinarily, the proper county for trial of a transitory action is the county in which the defendants or some of them reside. (Id. at p. 368.) “Where there are several defendants who reside in different counties, the law gives plaintiff the option and right of commencing the action in the county where any one of the defendants may reside. [Citation.]” (Taff v. Goodman (1940) 41 Cal.App.2d 771, 776.) “A corporation is properly ...

Excerpt: ...mental inspection demands. They cite judicial decisions defining “good cause” in other discovery contexts. The cited decisions, however, did not address these particular Code sections and did not arise from cases designated and handled as complex litigation under California Rules of Court, rule 3.750 et seq. Good cause is a flexible concept that allows for considerable discretion by this Court. (Greyhound Corp. v. Superior Court (1961) 56 Cal...

Excerpt: ...mmary Judgment (MSJ), arguing it complied with the standard of care, and it did not cause or contribute to Plaintiff's injuries and damages. Plaintiff's Opposition was due November 30, 2020. (Code Civ. Proc., § 437c, subd. (b)(2).) On December 7, 2020, Defendant filed a Notice of Non‐Opposition, confirming no opposition was filed or served on Plaintiff's behalf. Based on Defendant's evidence, i.e., the declaration of Dr. Prober (along with Pla...

Excerpt: ...A. The demurrer is overruled on the ground that this claim is not fairly reflected in the Government Claim. A complaint will be allowed if the Government Claim alleges a basic factual theory, but fails to mention additional facts that are later alleged in the complaint and that are fairly included within the facts in the claim, or alleges a closely related legal theory of liability that is based on the same facts as the theories stated in the cla...

Excerpt: ... was filed on January 15, 2021, making the motion untimely. The court would overrule the demurrer as improperly filed, and order the parties to answer. If after filing an answer Defendants wish to bring a motion for judgment on the pleadings, they must comply with the procedural requirements to do so. Plaintiffs to give notice ...