Excerpt: ...declaration as follows: a. Objection Nos. 1, 5‐8 – Overrule b. Objection No. 2 – Sustain (lack of foundation) c. Objection Nos. 3, 4 – Sustain (secondary evidence rule). 3. The Court sustains all of Plaintiff's 16 evidentiary objections to unauthenticated documents contained in Defendant's compendium of evidence as lacking foundation and hearsay. 4. The Court sustains Plaintiff's objection to Defendant's Undisputed Fact No. 10 because it ...

Excerpt: ...nts for a breach of contract are (1) the existence of a contract, (2) the plaintiff's performance or excuse for performance, (3) the defendant's breach, and (4) resulting damages. (Wall Street Network Ltd. v. N.Y. Times Co. (2008) 164 Cal.App.4th 1171, 1176.) identified as parties to the contract. Plaintiffs contend that they have adequately alleged Defendants Cobb are bound and obligated to each other under the contract. Here, the SAC alleges Co...

Excerpt: ...Court is bound by the ruling. Page | 2 Motion to Dismiss Defendant TransAm seeks a discretionary dismissal on the basis that it be permitted to deposit $30,000 with the Court, as this is the maximum liability it faces under Vehicle Code section 17150. Defense counsel, Dawn B. Eyerly, provides a declaration stating that following the appellate opinion, she sent an email to Plaintiff's counsel agreeing to stipulate to TransAm's liability (under the...

Excerpt: ...nts an undue burden on the court and staff to process. Motion: The motion is granted in part. The Court determines that Plaintiff is the prevailing party and entitled to an award of reasonable attorneys' fees. The Court has carefully scrutinized the motion, the supporting Declarations and the billing, the Opposition and Declarations and Exhibits, and reviewed the Court's file and the pleadings. A. Attorney's Fees: In determining a proper fee awar...

Excerpt: ...the deadline in order to have the parties attempt to resolve this dispute without filing a motion. It is also undisputed that Fonseca served the deposition notice, no formal objections were served, and Hammonds failed to appear. Walmart also failed to file a motion for protective order. This is significant since the cases upon which Walmart primarily relies to avoid the deposition under the apex witness doctrine involve a motion for protective or...

Excerpt: ...et, the defendant must show a triable issue of one or more material facts exist. (Code Civ. Proc., §437c, subd. (p)(1); Aguilar, supra, 25 Cal.4th at pp. 849‐51.) The defendant may not rely on his answer. (Code Civ. Proc., §437c, subd. (p)(1).) The summary judgment motion must be supported by affidavits, declarations, discovery responses (e.g., admissions and interrogatories), depositions, and matters judicially noticed. (Code Civ. Proc., §4...

Excerpt: ...e of action. 3rd Cause of Action – Injunctive Relief Thomas states he has now dismissed the third cause of action and the demurrer is moot. The dismissal does not yet appear in the Register of Actions. If the dismissal has not been filed, then the demurrer to the third cause of action is sustained without leave to amend given that Thomas concedes this cause of action. 4 th Cause of Action – Breach of Fiduciary Duty Thomas alleges Collyer was ...

Excerpt: ...ir initial burden of showing a legitimate basis for the termination. (Fact No.'s 7‐12; see also Fact No. 248.) However, substantial responsive facts and evidence have been submitted upon which pretext could be found. Namely, the termination occurred within a few months after Jaramillo's complains about harassment; just after the complaint her job duties were changed, suggesting she was set up for failure; the evidence of the harassment from Con...

Excerpt: ...nterpretation covering the asserted dispute.” (Rice v. Downs (2016) 248 Cal.App.4th 175, 185.) However, ordinary principles of contract interpretation apply, meaning the court must determine whether the parties agreed to arbitrate the claims at issue, the scope of the arbitration clause, and the terms of the arbitration clause. (Ibid.) In determining the applicability of an arbitration agreement, the court should attempt to give effect to the p...

Excerpt: ... A plaintiff must allege facts showing a legal duty to use due care, breach of the duty, causation, and damages. (Regents of University of California v. Superior Court (2018) 4 Cal.5th 607, 618 (Regents); Vasilenko v. Grace Family Church (2017) 3 Cal.5th 1077, 1083 (Vasilenko).) “In general, each person has a duty to act with reasonable care under the circumstances.” (Regents, supra, at p. 619; accord, Vasilenko, supra, at p. 1083 [“Civil C...

Excerpt: ...ITAL OF MONTCLAIR, a business organization form unknown; COMMUNITY CONVALESCENT CENTER OF MONTCLAIR, INC., a corporation; PINKY BONOAN, an individual; JOHN POWERS, JR., an individual; JOSHUA POWERS, an individual; AMANDA POWERS, an individual; CHRISTINA AGUILAR, an individual; ROBERT GOMEZ, an individual; DOMINIQUE MELENDES, an individual; MARIAH REYES, an Page | 2 individual; AMERICA REYES, an individual; and DOES 1‐100, inclusive. Motion: (1)...

Excerpt: ...tality of the circumstances, the court may look at the frequency of the conduct, as well as its severity, whether it is physically threatening or humiliating or a mere offensive utterance, and whether it unreasonably interferes with an employee's job performance. (Miller v. Department of Corrections (2005) 36 Cal.4th 446, 462.) Although teasing, offhand comments, and isolated incidents are generally not sufficient to create a hostile work environ...

Excerpt: ... Code section 452, subdivision (d), but denies judicial notice of the entry of dismissal in another state court proceeding as irrelevant. Plaintiff Mercado requests judicial notice of Ngo v. BMW of North America, LLC (9th Cir. 2022) 23 F.4th 942 (Exh. 1) and a tentative ruling on compelling arbitration in Celiceo v. Nissan North America, San Diego Superior Court, case no. 37‐2022‐00006556‐CU‐BC‐CTL (Exh. 2). The Court denies judicial no...

Excerpt: ...of defendant San Antonio Ambulatory Surgical Center (SAASC). Defendant Dr. John Oakley Page | 2 (Oakley) was the attending anesthesiologist. Defendant Concentra, Inc. (Concentra) is alleged to be the entity operating occupational health services and urgent care centers in Rancho Cucamonga. Todd alleges that as a result of negligent care, he suffered serious nerve damage and long‐term right shoulder/arm/hand loss of use and severe pain to his ri...

Excerpt: ...cation Movant(s): Defendant American Automobile Association of Northern California, Nevada and Utah Respondent(s): Plaintiffs Estate of Gabriel Machado Castro, by and through its Successor in Interest, Humberto Machado Llanes, an Individual; Gabriela Machado Castro, an Individual; and Humberto Machado Llanes, an Individual Rulings The Court rules as follows: (1) Plaintiffs' 20 Evidentiary Objections to the Declaration of Matthew Hoskins are Overr...

Excerpt: ...emurrer to Plaintiff's First Amended Complaint Plaintiff's First Amended Complaint (FAC) against Defendant contained 14 employment‐related causes of action: (1) FEHA age, race, and disability discrimination; (2) FEHA retaliation; (3) FEHA failure to accommodate; (4) FEHA failure to engage in interactive process; (5) FEHA failure to prevent discrimination, harassment, or retaliation; (6) negligent hiring, supervision, and retention; (7) “breac...

Excerpt: ...hom remain only Skanska USA Civil West California District, Inc. and Skanska‐Rados. Through the operative fourth amended, Plaintiff alleges that she owns real property that Defendants improperly trespassed upon in completing the I‐215 widening project and in reconstructing of the 16th Street Bridge. Defendants' use of Plaintiff's property was unauthorized and by its encroachment Defendant removed a tree, stripped vegetation, placed an unstabl...

Excerpt: ...3) Plaintiffs Respondent: (1)‐(2) Plaintiffs (3) Defendants The People of the State of California, acting by and through the Department of Transportation Page | 2 I. MOTION FOR SANCTIONS a. Statement of Law – Motions for Sanctions Pursuant to Code of Civil Procedure sections 128.5 and 128.7 Code of Civil Procedure1 section 128.7 provides for the imposition of sanctions for filing “frivolous” pleadings. However, the awarded sanctions are n...

Excerpt: ... separate statement. 2. The Court grants Defendant Hyundai's motion for summary judgment. Hyundai demonstrates Plaintiff is bound by the class action settlement under which she released her claims. Further, the first and second causes of action are time‐barred. (Evidentiary Basis: Defendant Hyundai's Undisputed Facts Nos. 2‐16, 21, 23; Settlement Agreement (Exh. B); District Court Order Granting Final Settlement Approval (Exh. C); Amended Sup...

Excerpt: ...Special Interrogatories (2) Motion to Deem Requests for Admissions Admitted (3) Motion to Compel Responses to Requests for Production (4) Motion to Compel Response to Form Interrogatories Movant: Plaintiffs Keri Bedol and David Lawrence Respondent: Montclair Royal Senior Living, Inc. The moving party has filed moving papers requesting a ruling from the Court re a Discovery issue. A Discovery Conference Order (herein after DCO) was given in this c...

Excerpt: ...nswer as provided in Section 430.30, to the pleading on any one or more of the following grounds: … (e) The pleading does not state facts sufficient to constitute a cause of action. (f) The pleading is uncertain. As used in this subdivision, ‘uncertain' includes ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subds. (e) & (f)1 ; see § 430.50, subd. (a) [demurrer may be taken to whole pleading or to any of the causes of action s...

Excerpt: ...malice under Section 3294 if performed under circumstances which disclose a conscious disregard of the probable dangerous consequences.” (Taylor v. Superior Court (1979) 24 Cal.3d 890, 892.) The court in Taylor directed the trial court to reinstate the punitive damage allegations in plaintiff's complaint because there were allegations of defendant's history of alcoholism, his prior arrest and convictions for drunk driving, his prior accident at...

Excerpt: ... utilized to attack a response containing objections, an agreement to comply that is incomplete, or a statement of inability to comply that is incomplete or evasive. (Code Civ. Proc., § 2031.310, subd. (a).) A motion for an order compelling further responses “shall set forth specific facts showing good cause justifying the discovery sought by the demand.” (Code Civ. Proc., § 2031.310, subd. (b)(1); Kirkland v. Sup.Ct. (Guess?, Inc.) (2002) ...

Excerpt: ...porting Policy, exhibit 7 to Green's Deposition [Exh. D], (4) a handwritten note, exhibit 7 to Green's Deposition [Exh. D], (5) the October 5, 2017, email, exhibit 10 to Green's Deposition [Exh. D], (6) table with notes, exhibit 9 to Green's Deposition [Exh. E], and (7) table with notes, exhibit 14 to Spina's Deposition [Exh. G] on the grounds of lacks foundation, irrelevant, hearsay, and/or improper opinion: The Court sustains (irrelevant). Anal...

Excerpt: ... to seize. The vehicle had been subject of a recall, but Defendants failed to advise Plaintiff of the same. Plaintiff confronted Defendants about the recall and was advised the vehicle was not eligible due to the mileage restriction. Defendant thereafter learned the mileage restriction had been extended, but Defendants did not disclose this to Plaintiff. (FAC, ¶¶37‐41.) During matching of the engine crankshaft and crankpins, metal shavings ma...