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 ...