Excerpt: ... concealed a known defect from Plaintiff—the defective PowerNet Electrical Architecture, which consists of a computer, fuses, and internal relays. It is responsible for controlling and distributing electrical power throughout the vehicle. (Id. ¶148.) Plaintiffs alleges that because the electrical architecture controls power a wide variety of essential vehicle systems, including safety and security systems, the defect often leaves vehicles inca...

Excerpt: ... October 15, 2020 [Exhs. D‐F to Katz's Decl.]: GRANT judicial notice per Evidence Code section 452, subdivision (d). Discussion In Sullivan's Notice of Motion and Motion, he seeks to adjudicate the prayer for treble damages and attorney fees. This is impermissible. An MSA on damages concerns only adjudicating the recovery of punitive damages: Accordingly, the current version of the statute, like the former version, contains parallel independent...

Excerpt: ...¶¶3‐5, Exhs. 7‐9; Mills Decl. at ¶¶3, 5‐ 7, 9‐10, 12, Exhs. 1‐2, 4‐6, 8‐10.) Plaintiff M&Y timely moves to compel Deponent MLR to comply with the deposition subpoena. DISCUSSION Statement of the Law Code of Civil Procedure section 1987.1, subdivision (a) states: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the ...

Excerpt: ...n in Violation of Labor Code § 1102.5; (3) Discrimination in Violation of FEHA; (4) Failure to Prevent Discrimination in Violation of FEHA; (5) Harassment in Violation of Page 2 of 25 FEHA; (6) Failure to prevent Harassment in Violation of FEHA; (7) Retaliation in Violation of FEHA; (8) Failure to Engage in the Interactive Process; (9) Failure to Provide Reasonable Accommodation; and (10) Sick Leave Retaliation/Labor Code § 233. The Complaint g...

Excerpt: ...ed in their entirety; (3) Plaintiff's six evidentiary objections to paragraphs 5 and 7‐9 of the Declaration of Jason Dalton are Overruled in their entirety; 2 (4) Plaintiff's four evidentiary objections to the Deposition testimony of Laureano Alvarado are Overruled in their entirety; (5) Plaintiff's six evidentiary objections to the Deposition testimony of Deonna Floyd are Overruled in their entirety; (6) Plaintiff's evidentiary objection to pa...

Excerpt: ...l. It cannot be said that a creditor has been injured unless the transfer puts beyond his reach property he otherwise would be able to subject to the payment of his debt.' [Citations.]” (Mehrtash v. Mehrtash (2001) 93 Cal.App.4th 75, 80 (emphasis added).) In Mehrtash, the Court of Appeal held the plaintiff‐creditor failed to show injury where the fraudulently transferred property was heavily mortgaged and there was no evidence “the value of...

Excerpt: ...action was arguably meritorious, the legal conclusion is that the party's motive was probably not solely to harass or cause unnecessary delay, Page 2 of 6 such that sanctions are not warranted. (Bach v. McNelis (1989) 207 Cal.App.3d 852, 876.) Under section 128.7, a court may impose sanctions if it concludes a pleading was filed for an improper purpose or was indisputably without merit, either legally or factually. [Citation.] Here, the court did...

Excerpt: ...ial. Plaintiff must address: (1) the reasonable probability it will prevail on the merits at trial, and (2) whether the harm to it from refusal to grant a preliminary injunction outweighs the harm to Defendant from the imposition of the preliminary injunction. Also, Plaintiff's supporting evidence is defective. Allegations declared to be true on “information and belief” will typically not support an injunction. (Riviello v. Journeymen Barbers...

Excerpt: ...licitly provides in pertinent part at section 4(A), “Cash Payment”, “In no event will any additional money be paid by or on behalf of Defendants to the Beverly Plaintiffs or their attorneys.”1 (The court does not have authority to modify the terms of the agreement on a motion to enforce a settlement. (J.B.B. Investment Partners, Ltd. v. Fair (2014) 232 1 Friedman Decl., Exh. A, at p. 7 of 19, § 4(A). 2 Cal.App.4th 974, 984.) The reply do...

Excerpt: ...response. (Code Civ. Proc., §§ 2031.310, subd. (c), 2016.050; see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745.) The 45‐ day time limit is mandatory and “jurisdictional” such that the Court has no authority to grant a late motion. (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410 [late‐filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers].) However, the...

Excerpt: ...quested documents. Procedurally, the motion shall establish good cause justifying the production of the inspection of the demanded documents and shall be accompanied by a meet and confer declaration, or, where the individual failed to appear and produce requested documents, a declaration stating that the individual was contacted for inquiry about the non‐appearance. (Code Civ. Proc., §2025.450, subd. (b).) If a deponent fails to answer any que...

Excerpt: ...defenses are not predicated upon a factual inquiry. The 15th affirmative defense concerns compliance with Code of Civil Procedure § 425.13. The facts surrounding the compliance are information needed to determine whether compliance occurred or not. Similarly, the 19th affirmative defense concerns the factual question of whether Decedent's injury and damages arise from professional negligence versus neglect. A factual inquiry would be necessary i...

Excerpt: ...mmad A. Zareh, D.D.S. cannot be liable for the acts of his corporation unless he was directly involved in the treatment of Plaintiff Myrna Yanez, which he was not [UF #4‐5, 7‐9 and cited evidence: Zareh's Declaration]; b. Defendant Mohammad A. Zareh, D.D.S. Inc. dba Cityview's expert opines that no act or omission by the treating dentists fell below the 2 standard of care and caused Plaintiff Yanez's injuries. As a result, vicarious liability...

Excerpt: ... 997; and, American Drug Stores, Inc. v. Stroh (1992) Cal.App.4th 1446, 1453); (2) Defendants' evidentiary objections to the Declaration of Raymond Babaian are Overruled in their entirety; (3) Defendants' evidentiary objections to Plaintiff's Exhibits 1‐3, 4, 6, 11‐13, 22, 24‐27 and 29‐30 are Overruled in their entirety; (4) Defendants' procedural and evidentiary objections to Plaintiff's Separate Statement of disputed facts are Overruled...

Excerpt: ... Due to the Pandemic caused by COVID, the clerk's office has been seriously short‐staffed and there is a massive backlog of documents which require filing and proceeding. With few exceptions, the Court instituted drop boxes for the filing of pleadings and documents to avoid in person contact. On the date a pleading or document is placed in the drop‐box it is stamped “received”.1 This is the ultimate filing date the clerk will use when it ...

Excerpt: ...ived by the petitioner, (b) Ground exists for the revocation of the agreement, or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The party may also seek a stay of pending litigation either by itself or in conjunction w...

Excerpt: ...efore unfairly prejudice the defendants with respect to the Page 2 of 2 CVS26073021 claims of other plaintiffs who do not claim corruption, although the City, as the moving party, is apparently unconcerned about that. Nevertheless, the differing motivations attributed to the City could be challenging for the trier of fact to parse. Some plaintiffs have demanded jury trials, while others have not. If the cases are tried together, with the jury sit...

Excerpt: ...on as reasonably practical once the necessity for the continuance is discovered.” (Cal. Rules Page 2 of 14 of Court, rule 3.1332(b); see Super. Ct. San Bernardino, Local Rules, rule 418 [“The Court adopts California Rule of Court, rule 3.1332, with respect to requests for continuances”]; Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468.) “Although continuances of trials are disfavored, each request for a continuance must b...

Excerpt: ... Cal.3d 920, 939.) If a 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; and, where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error, but an abuse of discretion. (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Thus, the policy to allow amendm...

Excerpt: ...ough Plaintiff dismissed her claim for Failure to Provide Accommodation for Lactation, testimony is still relevant for the failure to engage in interactive process and failure to accommodate. Additionally, the testimony may be relevant to show discrimination of her pregnancy [the need to continue lactating at the office]. 6.‐10. 21. 23. Overruled The testimony is relevant as the employer cited staffing costs as the legitimate business reason fo...

Excerpt: ...igures may differ from the estimates if the court adjusts the amounts of other deductions from the gross settlement funds.) Counsel has provided an estimate for the Snow fund, although the figure seems too low. The court has not located estimates for the other two settlements. Page 2 of 2 CVS26073021 2. Counsel should provide the number of aggrieved employees for each settlement fund (insofar as the number differs from the number of class members...

Excerpt: ...ust 8, 2017 and (B) Certified Judgment filed August 22, 2017 in Sacramento County Superior Court, SuperShuttle, etc., et al. v. Henning, et al. No. 34‐2014‐80001841 Although a court may take judicial notice of the existence of judicial opinions, court documents, and verdicts reached, it may not take judicial notice of the truth of hearsay statements in other decisions or court files, or of the truth of factual findings made in another action....

Excerpt: ...ise to the cause of action. (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 108‐09; Integral Development Corp. v. Helmut Weissenbach (2002) 99 Cal.App.4th 576, 583‐84.) The plaintiff bears the initial burden of “demonstrating facts by a preponderance of the evidence justifying the exercise of jurisdiction in California.” (In re Automobile Antitrust Cases, supra, 135 Cal.App.4th at p. 110.) The necessary facts are by...

Excerpt: ...e, however, was the request for dismissal filed by Helaire on April 20, 2021, purporting to have the case dismissed as to her without prejudice. That request for dismissal, which the clerk acted on and entered the dismissal on the same date, does not comport with the orders made by the court on April 9, 2021. The transcript from that hearing (Exb. C to the request for judicial notice) demonstrates clearly and unambiguously, that the dismissal was...

Excerpt: ...were due, Akbar Razavi Sayed Razavi served verified supplemental responses to all the discovery responses. Therefore, the motions are moot except with respect to the issue of monetary sanctions. For purposes of evaluating the request for sanctions only, the following rulings are those that would have applied to the original responses had verified supplemental responses not been served. The court has not considered the supplemental responses. The ...