Excerpt: ...ivil Procedure sections 430.41 and 435.5 prior to filing their Page | 2 demurrer and motion to strike. Attorney Garrett B. Stanton states that he sent several email correspondences to Plaintiff's counsel in an attempt to schedule a time to telephonically meet and confer regarding Plaintiff's FAC. Mr. Stanton also made two telephone calls to Plaintiff's counsel in order to meet and confer, but he was told that Plaintiff's counsel was not available...

Excerpt: ...rty for payments Travelers has made, those rights are transferred to Travelers. Subject to a reservation of rights, Travelers agreed to Fernrock Page | 2 under the policies against the claims made in this action. Among other things, Travelers reserved its right to seek reimbursement of defense expenses from potentially liable third parties. To date Travelers has incurred in excess of $370,000 in defense costs on Fernrock's behalf. To date, Copp h...

Excerpt: ...ommunity Solutions, dba Youth Build Inland Empire (2) Defendant Richard Wallace (3) Defendant Dee Goins Meet and Confer Requirement‐ Demurrer Under Code of Civil Procedure § 430.41, before filing a demurrer, the objecting party shall meet and confer with the opposing party in person or by telephone for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. During the meet ...

Excerpt: ...1242, 1249.) A court may grant a continuance upon an affirmative showing of good cause. (CRC, Rule 3.1332(c); Lazarus, supra, 64 Cal.App.4th at p. 1249–50.) Page | 2 Whether to grant a continuance generally rests within the trial court's broad discretion. (Color‐Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603; Hernandez v. Superior Court (2004) 115 Cal.App.4th 1242, 1246 (“The trial court has discretion in ruling on requests to extend ...

Excerpt: ...rises, LLC and YTC Investments, LLC a. Discussion Plaintiff City seeks an order of prejudgment possession of the property it seeks to condemn for a permanent easement and a temporary construction easement for a period of twelve months. Defendants THM Enterprises and YTC Investments (for this motion, “Defendants”) oppose the motion, asserting Page | 2 resolution of necessity does not establish the right to take, and the City failed to make the...

Excerpt: ... term “affecting commerce,” which is a term of art that ordinary signals the broadest permissible exercise of Congress's commerce clause power. (Citizens Bank v. Alafabco, Inc. (2003) 439 U.S. 52, 56.) Defendant bears the burden of demonstrating FAA coverage by declarations and other evidence. (Shepard v. Edward Mackay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1101; Woolls v. Superior Court (20050 127 Cal.App.4th 197, 213‐ 14.) Here, t...

Excerpt: ...ant's wooden deck and suffered injuries. Plaintiff alleges the following causes of action: (1) general negligence; and (2) premises liability. On March 13, 2021, Plaintiff filed an Amendment to Complaint naming Real Estate FTL as Doe 1. Now before the Court is Defendant's motions to compel further responses to Form Interrogatories, Set Two, and Request for Admissions, Set One. At issue are Form Interrogatory No. 17.1 and RFA Nos. 5 and 9. Plainti...

Excerpt: ...Stanford University School of Medicine and the Vice Chair for the Department of Emergency Medicine at Stanford. He states he is familiar with emergency medical practices and procedures including foot injuries such as suffered by Shelton. Dr. Shen states he has reviewed Shelton's medical records and imaging studies from Adventist Health Selma (AHS) and RCH. Dr. Shen states Shelton presented to AHS' Emergency Department on July 11, 2019 for complai...

Excerpt: ... the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof ...

Excerpt: ...nnot support his negligence cause of action; (ii) there is no admissible proof that Nguyen breached his duty of ordinary care and caused the subject vehicle collision; and (iii) based on the evidence, if Plaintiff was driving in a safe and reasonable manner, he would have had sufficient time to avoid the subject collision. Defendants further argue that however, due to Plaintiff's inattention and unsafe driving, he collided with the rear of Defend...

Excerpt: ...f witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any p...

Excerpt: ...ed the work at Cross‐ Defendants' store. Page | 2 Business and Professions Code section 7031 provides, in pertinent part, “Except as provided in subdivision (e), no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is requir...

Excerpt: ...of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amend...

Excerpt: ...rrect. The matter is continued and in addition a Motion for Contempt Sanctions against American General Life Insurance and its attorneys will be set on the same day. Notwithstanding, the Court offers the following comments: Judicial Notice1 Defendant American General requests judicial notice of the Court of Appeal decision in Williams v. National Western Life Insurance Company (2021) 65 Cal.App.4th 436. DENY as unnecessary in that it is a binding...

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: ... 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: ...issue of fact precluding summary judgment. While Defendants make much of Plaintiff seeing no liquid or food and no food or liquid being on the floor, Plaintiff does contend she slipped on a slippery substance. She has also created an issue of fact as to how long the condition existed due to Defendants not having a sweeping protocol as testified to by Makridis (See, PAF, #2‐7). As stated in Ortega v. Kmart Corp.(2001) 26 Cal.4th 1200 at 1203: Th...

Excerpt: ...n. (See In re A.C. (2017) 13 Cal.App.5th 661, 672‐673 [When a party “fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived”]; see Provost v. Regents of University of Cal. (2011) 201 Cal.App.4th 1289, 1300 [Where a party failed to provide any reasoned legal analysis or authority to support a position, they are forfeited].) It is also no excuse that Plaint...

Excerpt: ...etween the protected activity and the employer's action. (Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 138.) Plaintiffs specifically allege a violation of Subdivision (b) of Labor Code section 1102.5, which provides: An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a...

Excerpt: ... alternatives within five business days after recordation of the notice of default. Civil Code, section 2924.9, subdivision (a), indicates “[u]nless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in Section 2923.6, within five business days after recording a notice of default pursuant to Section 2924, a mortgage servicer that offers one or more foreclos...

Excerpt: ...ionally under seal until further order of the Court. The party who requests the document be filed under seal shall prepare the necessary order in compliance with CRC 2.550 and 2.551.” Instead of following the court rule for obtaining such order, Plaintiff filed under seal his opposition, separate statement, and all evidence, even though it appear that at best what triggered this is that Harkins produced as confidential, documents attached to th...

Excerpt: ... had been presented to the Court but had not yet been processed. (Minutes 3/3/21.) Plaintiff requested a Mandarin interpreter, but there was none available at the time. The Court continued the hearing to May 12th so Chen could file an amended expert declaration. On March 10, 2021, Defendants filed an amended declaration of Dr. Sung.5 On May 12, 2021, at the continued MSJ hearing, the Court granted Plaintiff's request for another continuance of th...

Excerpt: ...she tripped and fell (Wall case). Plaintiff asserts that after her accidents her physical condition deteriorated and she has since developed neuropathic pain and Complex Regional Pain Syndrome. Therefore, she asserts, her medical records overlap. The Justice Declaration filed in support of the motion only was filed in the Wall case. He states that he is attaching copies of medical records to reveal how two doctors are treating Plaintiff for both ...

Excerpt: ...ntinued to October 18, 2021, and the parties agreed “the cut‐off dates tied to the trial date will not be extended to the new trial date with the exception of expert discovery and the ability to serve supplemental discovery pursuant to CCP sections 2030.070 and 2013.050.” [See, Bennett Decl., Exh. A.] The corresponding Order echoed the language in the Stipulation, and ordered: “The statutory discovery cut‐off with respect [to] supplemen...

Excerpt: ...2017, the employee named CMA as a defendant. Mr. Jones eventually dismissed CMA from his lawsuit. (Compl. ¶¶7‐8.) Prior to the accident, WJE used Defendant Genesis as an insurance broker to obtain motor carriers insurance coverage. (Compl. ¶4.) In the Jones action, CMA tendered its defense to WJE and its insurer State National Insurance Company, which was refused. As a result, CMA incurred attorney's fees and costs in defending the Jones act...