Excerpt: ... paragraph; and must state whether the challenge is to the entire pleading or to some specific cause of action therein. (Cal. Rules of Court, rule 3.1320(a).) Here, although Defendant's notce of hearing and memorandum contain passing references to uncertainty, Defendant's demurrer only includes a single ground for demurrer—that Plaintiff failed to plead facts suffcient to state a cause of action. (See Dem 3.)1 Thus, the Court construes Defendan...

Excerpt: ...attorney's fees are "allowable costs." (Code Civ. Proc., 51033.5, subds. (a)(10)(A), (8), & (C); Santisas v. Goodwin (1998) 14 Cal.4th 599, 606.) Page | 2 Costs statutes are to be strictly construed. (Sequoia Vacuum Systems v. Stransky (1964) 229 Cal.App.2d 281, 289.) If the items appearing on a costs bill appear to be proper charges, the party seeking to tax costs bears the burden of showing they are not reasonable or necessary. If the items are...

Excerpt: ... legal cause; and (4) damage to plaintiff. (George A. Hormel & Co. v. Maez (1979) 92 Cal.App.3d 963, 965; 4 Witkin Cal. Proc. Plead S 537.) Page | 2 In this case, the form-SAC contains the cursory elements of a negligence claim as the pleading indicates all defendants owed a duty, breached the duty, and that the breached caused negligence. (See SAC at pp. 23-26.) In the demurrer, the focal point is whether a duty of care was owed between Ferra an...

Excerpt: ...tal responses to each form of discovery on January 31, 2023. (Fields Decl., 98; Exh. 4.) Fields then initiated scheduling the IDC, which was heard on March 24, 2023. Directly following the IDC, Fields requested an extension of the motion deadline, which Abdeljawad declined. (Fields Decl., 910.) Abdeljawad declares in opposition he never agreed to extend the deadline. (Abdeljawad Decl., 914.) The motion was due to be filed within 45 days after the...

Excerpt: ...o enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the...

Excerpt: ... v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Zhang alleges the negligently handled her request for landscape changes by: (1) failing to incorporate and u#ate the CC&Rs to comply with state and federal law; (2) misleading Zhang to change her lawn to sand without first obtaining approval; (3) failing to effectively communicate with Zhang; (4) failing to conduct a meeting in a safe and effective manner to resolve issues and failing to allow ...

Excerpt: ...rrez v. State Ranch Servs. (1983) 150 Cal.App.3d 83 [prejudgment interest stricken because Civil Code S 3291 was not yet in effect.) Stater Page | 3 Bros. argues that because, as of June 1, 2023, Vaughn has not made a S 998 offer, then she is not entitled to prejudgment interest and it must be stricken from the complaint. Civil Code S 3291 states the following: In any action brought to recover damages for personal injury sustained by any person r...

Excerpt: ...C; MTV Holdings, LLC; and Bubba Likes Tortillas, LLC (Plaintiffs) then commenced the underlying lawsuit against the City and its City Manager, Andrea Miller, alleging defendants engaged in a "pay for play" scheme; committed government waste; failed to provide the full scoring rubrics used to determine the licenses; the scoring was not conducted rationally; and defendants failed to follow proper procedure and the Brown Act. Overall, the complaint ...

Excerpt: ...29; Robinson Helicopter co., Inc. v. Dana corp. (2004) 34 cal.4th 979, 989-90.) The supreme Court stated, Page | 2 "[T]he duty that gives rise to tort liability is either completely independent of the contract or arises from conduct which is both intentional and intended to harm." (Erlich v. Menezes (1999) 21 Cal.4th 543, 552.) In certain instances, an exception has been permitted under professional service contracts (e.g., a claim against an att...

Excerpt: ...this court adjudicate the following issues in favor of Defendant: Page | 4 Issue 1: Defendant had no reasonable notce of the condition that caused Plaintiff's incident. (UMF Nos. 1-9.) Issue 2: Defendant owed no duty to Plaintiff because the item involved in her incident was open and obvious. (UMF Nos. 1-9.) Statement of the Law: Legal Authority for Motion for Summary Judgment: "The purpose of the law of summary judgment is to provide courts with...

Excerpt: ..., 39, 47, 51, 52, 53, 65, 66, 67, 77, 78, 79, 81, 82, 83, 84, 85, 86, 88, 89 and 90. Page | 2 Legal Authority for Motions to Compel Further Responses to RFP#I: If a party to who document production requests and interrogatories are directed, responds with objections or incomplete answers, the propounding party's remedy is to serve a motion to compel further answers within 45 days after the responses were served. (Code Civ. Proc., S 2030.300, subds...

Excerpt: ...requires the mistake, inadvertence, or surprise to be reasonable. 1 Mistake of fact is proper when the defendant was mistaken as to some fact material to the defendant's duty to respond. (See e.g. Lieberman v. Aetna Ins. Co. (1967) 249 Cal. App. 2d 515, 523-24). Mistake of law requires the Court to determine (a) the reasonableness of the misconception and (b) the justifiability of the defendant's failure to determine the correct law. (City of Ont...

Excerpt: ...ons were already answered, there is no need to compel further answers. The Court denies the motion as to these questions. Question 48. Question 48 asks: "On what basis did you instruct pur attorney to issue three-day notices to tenants?" Smith objects under the Fifth Amendment privilege against self- incriminaton and attorney client privilege. Page | 2 A client has a privilege to refuse to disclose a confidential communication between client and ...

Excerpt: ...ed a Category 1 offense. The representation was false, and Plaintiff's behavior at issue was a Category 2 offense, which is not cause or does not result in termination. Through Defendants' actions, customs, and procedures and practice to have progressive disciplinary process, STIJs, PIPS, along with the list of infractions and punishments codified in the Owner's Manual, and Plaintiff's longevity of service, Defendant developed an implied covenant...

Excerpt: ...osing separate statement; excerpts from the depositions of Trenholm, Jauregui, and Ramsey; the appendix manual for the project; the FAC; a declaration from Ramsey; photos of the scene; a declaration from expert Ryan Radebach and attorney Page | 2 Kristen Gray; a public works memorandum; the contract for the park and an adopted capital improvement program; and the order denying the City's demurrer (of which judicial notice is properly sought). The...

Excerpt: ...ndisputed that Act 1 inspected the fence the Friday before the inc:ident, the fence was cut by the third person(s) over the weekend, and Act 1 was unaware. (Fact No.'s 12-17, 22, and 56; Ramsey Decl. [condition discovered upon returning to the site on Mondayl.) Given the absence of knowledge regarding the condition itself, Act 1 cites to the general rule that "the owner is not the insurer of the visitor's personal safety" and as such "the owner's...

Excerpt: ...aim. However, the jury found in favor of Plaintiff and against Defendant Cohen on the breach of fiduciary duty, promissory fraud, and financial elder abuse claims. The jury awarded $276,524.37 in economic damages and $93,620.00 in noneconomic damages. The jury further found Cohen engaged in conduct with malice, oppression, or fraud toward Plaintiff. In its verdict in the second phase of the trial on May 19, 2022, the jury awarded $25,000 in punt-...

Excerpt: ...andez") on March 29, 2023 challenging the suspension of his driver's license. The petition alleged on December 31, 2021 at4:4q a.m„ Officer J. Andrade arrested Petitioner for driving under the influence. Petitioner retained counsel and requested an Administrative Per Se (APS) hearing within the statutory Page 2 time and obtained a stay of the suspension. DMV Hearing Officer P. Sims provided over the hearing which concluded on February 27, 2023....

Excerpt: ...on of the first two causes of action on the ground that Plaintiff purchased the vehicle used. It moves for summary adjudication of the third cause of action on the ground that Plaintiff only presented the vehicle for warrantable concerns once prior to the expiration of the warranty. Facts Set Forth in the Parties' Separate Statements Defendant proffered 15 facts which it contends are undisputed and material (UMFs). Plaintiff proffered six additio...

Excerpt: ...pertaining to Code of Civil Procedure section 1010.6, subdivision (3)-(6) and certified court reporter trial transcripts of 1 "Judicial notice is the recognition and acceptance by the court, for use by the trier of fact or by the court, of the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof of the matter." (Kilroy v. state of California (2w-4) 119 cal.App.4th 140, 145.) Page | 2 12/19...

Excerpt: ... to service on international defendants) and should therefore be quashed. Koki's General Manager of Human Resources and Administration, Hiroshi Kawakami (Kawakami), declares Koki is a Japanese company; not incorporated Page | 2 anywhere in the United States and maintains no offices here; does not have any registered agents in California; etc. (Kawakami Amended Decl. filed 8/29/22, "3-14.) In opposition, Plaintiff does not contest the prior servic...

Excerpt: ...Pe
Ÿ
Ÿoner abandoned his writ pe
Ÿ
Ÿon by failing to Þle an opening brief; (2) the City's response to Pe
Ÿ
Ÿoner's CPRA request was
Ÿmely (as the result of a government holiday); and (3) the pe
Ÿ
Ÿon is moot because the City
Ÿmely produced all responsive documents. Page | 2 Abandonment The City cites Cal. Rules of Court, rule 3.1113(a) and Black Historical Society v. City of San Diego (2005) 134 Cal.App.4th 670, 678 to support its co...

Excerpt: ....4th 1409, 1419-1420 [equitable estoppel doctrine required employee who signed arbitration agreement with predecessor corporation to arbitrate claims against nonsignatory successor corporation (employees who continued working after merger impliedly accepted successor corporation's decision to contnue existing terms of employment, including arbitration agreement)].) "Under California law, a non signatory may invoke arbitration if the party can sho...

Excerpt: ...nce the Court will grant La Paz's motion to file a cross-complaint. Code of Civil Procedure section 428.50 provides: (c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action. Admittedly, the La Paz has not filed this cross claim within the time required by Code of Civil Proced...

Excerpt: ...y; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) under her first cause of action for negligence, Plaintiff alleges the District "knew or should have reasonably known" Allen "had or was capable of" sexually abusing Plaintiff or other victims. (Comp'. 998.) Plaintiff further alleges the District breached its duties by failing to superv...

Excerpt: ...duty; (3) defendant's breach was a substantial factor in causing the damages; and (4) plaintiff was damaged. (Ladd v. County of San Mateo (1996) 12 Cal.4th 913, 917.) Under her first cause of action for negligence, Plaintiff alleges the District “knew or should have reasonably known” Allen “had or was capable of” sexually abusing Plaintiff or other victims. (Compl. ¶98.) Plaintiff further alleges the District breached its duties by faili...

Excerpt: ...emed a limited civil case. (Gov. Code, §53069.4.) In limited cases, discovery is permissible but limited on the total number of interrogatories, document demands, and admission requests that can be propounded. (Code Civ. Proc., §94.) As a limited civil case authorizes discovery, and the appeal is treated like a limited civil case, it cannot be said that Appellants are denied the right of limited discovery. Arguably vague, Interrogatory #21, the...

Excerpt: ... current resume of 7 employees. In their initial responses, Walmart's initial responses consisted of boilerplate objections: relevancy, privacy, Page | 2 vague and ambiguous, and unduly burdensome. Subsequently, Walmart served identical supplemental responses to Request Nos. 57-65, each of which states: There are no documents responsive to this request in Defendant's possession, custody, or control. Plaintiff argues that relevancy is not a valid ...

Excerpt: ...ockton v. Superior Court (2007) 42 Cal.4th 730, 734.) The purposes of the claim presentation is to provide public entities with sufficient information to enable them to investigate the merits of claims while the evidence is still fresh and the witnesses are available; to prevent public funds from being consumed in “needless” litigation by affording public entities an opportunity to settle claims before incurring litigation expenses; to provid...

Excerpt: ...Interrogatories (SRG), Request for Production of Documents (RFPs), and Request for Admissions (RFAs), which Hussain opposed. On October 5, 2022, the Court heard Plaintiff's Motion to Compel Hussain's Initial Responses to Form Interrogatories (FRG), Special Interrogatories (SRG), Request for Production of Documents (RFPs), and Request for Admissions (RFAs) and made the following findings and rulings: Page | 5 (1) The Court granted Plaintiff's Moti...

Excerpt: ...abuse ‘after considering the totality of the circumstances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.' [Citation.]” (Ibid.) “It is well established ‘the purpose of discovery sanctions “is not ‘to provide a weapon for punishment, forfeiture and the avoidance of a trial on the merits,'” ... but to ...

Excerpt: ...ler also does not argue that the amendment would be time barred or address whether the new claims should relate back to the initial filing. (Opposition at 2:6-7 [defendant will not analyze the proposed pleading as that would be improper in connection with the motion for leave].) Page | 2 What Miller does argue is that the motion is not timely as Whitten was aware of the Suicas' purported percipient status in November 2020 and he fails to explain ...

Excerpt: ...n the judgment. (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280 [“Highland Springs”].) The addition of an alter ego is an equitable procedure based on the theory that the court can insert the correct name of the real defendant. (Ibid.) Page | 2 The request to amend should be by a notice motion. (Highland Springs, supra, 244 Cal.App.4th at p. 280.) The Court need not hold an evidentiary hearing...

Excerpt: ...rbitration agreement may compel or be compelled to arbitration in six circumstances: (1) thirdparty beneficiary, (2) incorporation by reference, (3) agent, (4) equitable estoppel, (5) alter ego/pierce the corporate veil, and (6) assumption. (Young Seck Suh v. Superior Court (Cha Hollywood Medical Center, L.P.) (2010) 181 Cal.App.4th 1504, 1513; Boucher v. Alliance Title Company, Inc. (2005) 127 Cal.App.4th 262, 268.) Equitable estoppel associated...

Excerpt: ...d proposed amended complaint be deemed filed and served as of the date this motion is granted. The proposed First Amended Complaint seeks to add a claim for punitive damages based upon the fact that Defendant disclosed in discovery that he was looking down at his cell phone when he rear‐ end Plaintiff's vehicle. The additional allegations added in the proposed First Amended Complaint are located in the following paragraphs: (1) Paragraphs 9‐1...

Excerpt: ... 130050.) As a public utility commission, SBCTA is authorized to exercise the power of eminent domain. (Cal. Const., art. 1, §19, subds. (a), (e)(2); Pub. Util. Code, §§130220.5, 130809, subd. (b)(4).) A public entity may not commence an eminent domain proceeding until its governing body has adopted a resolution of necessity. (Code Civ. Proc., §1245.220.) The “Resolution of Necessity” must contain a general statement of the public use for...

Excerpt: ...h ‘costs' and ‘expenses.' Examining the language of the statute [citation], it is clear the Legislature intended the word ‘expenses' to cover items not included in the detailed statutory definition of ‘costs.'” (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 137.) Costs are recoverable Page | 2 by the plaintiff if they were “reasonably incurred by the buyer in connection with the commencement and prosecution” of the...

Excerpt: ...intiff claimed $536.80 for filing the complaint. Defendants seek to tax $101.80 from the complaint filing fee as in excess of the first paper filing fee of $435.00. Plaintiff concedes the filing fee is $435.00, but she is claiming $101.80 for messenger and copying fees for filing with the court. Messenger fees are Page | 2 not expressly authorized by statute, but may be allowed in the court's discretion. (Ladas v. California State Auto. Assn. (19...

Excerpt: ...ising to provide further responses to the interrogatories at issue and to also provide a substantive response to Plaintiff's extensive meet and confer efforts to narrow the disputes. According to the Declaration of Plaintiff's attorney, Melinda Jane Steuer, these promises were also made to the Court at the IDC. (Steuer Supp. Decl. [filed 12/23/22], ¶ 2.) Yet now, with a motion pending, Mr. Crosby filed a single‐page Page | 2 Opposition pointin...

Excerpt: .... Proc., § 472, subd. (a).) However, once an answer has been filed, the plaintiff must file a noticed motion for leave to amend in order to make substantive amendments. (See id., § 473, subd. (a)(1).) Here, Plaintiffs filed their FAC without first obtaining leave of court. Plaintiffs' FAC adds three causes of action and new theories of liability. Because Plaintiffs failed to follow the noticed motion procedure, their FAC was not filed in confor...

Excerpt: ... through their legally mandated breaks. (¶¶ 9‐11.) On or about March 18, 2020, Castellon was told he was the subject of a two‐week investigation, led by Fuentes, because Castellon had allegedly allowed his dockworkers to work through their lunch breaks. (¶ 12.) There is no allegation in the Complaint that, during this March 18, 2020 meeting, Castellon explained to Leal that he and his dockworkers were forced to work through their breaks by...

Excerpt: ...the first cause of action for harassment under FEHA, with 15 days leave. a. There are no facts showing severe and pervasive conduct. (Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 283‐ 284 [indicating that to be actionable the harassment must arise to that level].) (3) Overrule the demurrer to the second cause of action for retaliation. a. It is not dispositive that there was no harassment since the plaintiff need only r...

Excerpt: ...s misconduct, and no facts constituting authorization or ratification have been alleged. Plaintiff opposes the motion, asserting the claim is well pled. Page | 2 Elder Abuse and Dependent Adult Civil Protection Act (“the Act”, Welf. & Inst. Code, § 15600, et. seq.). The elements required to establish a violation of Act are: 1. The defendant had a substantial caretaking or custodial relationship with the plaintiff, involving ongoing responsib...

Excerpt: ...matter of policy the ruling of the trial court in such matters will be upheld unless a manifest or gross abuse of discretion is shown.” (Record v. Reason (1999) 73 Cal.App.4th 472, 486.) This is a purely discretionary motion for the Court. (WEIL Page | 2 & BROWN, CALIFORNIA PRACTICE GUIDE: CIVIL PROCEDURE BEFORE TRIAL [The Rutter Group] ¶ 6:637.) Rodriguez v. FCA US, LLC (2022) 77 Cal.App.5th 209, 225 states in pertinent part: Having examined ...

Excerpt: ...d Proposed Amended Complaint be deemed filed and served as of the date this motion is granted. Plaintiff properly discloses what the amendments are in the proposed Second Amended Complaint. (See Decl. Shan, Exhibit 1.) Plaintiff moves for leave to file a Second Amended Complaint to add Chevron U.S.A. Inc. dba Chevron Products Company as a defendant, as it has been uncovered through discovery that Chevron U.S.A. Inc. dba Chevron Products Company i...

Excerpt: ... recovery and the settlor's proportionate liability CareMore argues that the total recovery is limited by the MICRA limit of $250,000 against medical providers, and the amount of the confidential settlement is $165,000. (Confidential Decl. of Wendy Coulston at ¶¶5‐6.) The single cause of action against CareMore is for wrongful death by medical malpractice. The complaint alleges the medical malpractice defendants, including CareMore, negligent...

Excerpt: ... for Judicial Notice Included in Defendant's appendix of evidence is a request for judicial notice of three government claim forms submitted by Plaintiff to Defendant. (RJN Exs. A‐C.) Defendant's request is unopposed. Page | 2 Government claims are generally proper subjects of judicial notice. (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376 [“If a plaintiff alleges compliance with the claims presentation requirement, but the pub...

Excerpt: ...ubalcaba are Overruled in their entirety; (3) Defendants' Sixteen Evidentiary Objections to Declaration of Francesca Sparks‐Copeland are Overruled in their entirety; Page | 2 (4) Defendants' 118 Evidentiary Objections to Declaration of Dr. Melda Gaskins are Overruled in their entirety; (5) Defendants' Ten Evidentiary Objections to Declaration of Taylor M. Prainito are Overruled in their entirety; (6) Defendants' Evidentiary Objections to Plaint...

Excerpt: ...bligations of an LLC, defendants completely ignore the alter ego allegations within the complaint. (Compl. at ¶ 7.) Page | 2 Under the alter ego doctrine “where a corporation is used by an individual or individuals, or by another corporation, to perpetrate fraud, circumvent a statute, or accomplish some other wrongful or inequitable purpose, a court may disregard the corporate entity and treat the corporation's acts as if they were done by the...

Excerpt: ...t any fellow employee responsible for injuries “arising out of and in the course of employment.” (See Labor Code, §§ 3600‐3602, 5300.) Workers' compensation is generally the exclusive remedy for disabling injuries, whether physical or mental, arising from employment (or termination of employment), unless: (1) the injury results from employer conduct that falls “outside the normal course of employment”; or (2) the employer's conduct fa...