Excerpt: ...e, allows a party to bring a special motion to strike a meritless SLAPP suit at an early stage of the litigation. Rusheen v. Cohen, supra, at pp. 1055–1056; Gerbosi v. Gaims, Weil, West & Epstein, LLP (2011) 193 Cal.App.4th 435, 443. Code of Civil Procedure section 425.16 prescribes a two‐step process for courts to follow in determining whether a cause of action constitutes a SLAPP. Navellier v. Sletten (2002) 29 Cal.4th 82, 88. In the first ...

Excerpt: ...3 cases where Plaintiff Castillo may not have seen the commencement of the injury‐producing event but she perceived it while it was occurring and understood her child was being injured. Thus, the facts sufficiently support bystander NIED as against a demurrer. 1Zuniga v Housing Authority (1995) 41 Cal.App.4th 82 2Ortiz v. HPM Corp.(1991) 234 Cal.App.3d 178 3 In re Air Crash Disaster Near Cerritos (9th Cir. 1992) 967 F.2d 1421 Defendants' Motion...

Excerpt: ...levant to the analysis; how Plaintiff characterizes the incident in question and the statements Mr. Halpern makes are not offered for the truth but as background to the motion. Motion: The motion is granted to the extent that Mr. Justin Monical, as the person most knowledgeable, is ordered to comply with the deposition notice and make reasonable efforts, within the District, to obtain information related to the categories in the Deposition Notice...

Excerpt: ...te the action is initially set for trial, whichever is later, unless the court otherwise permits.” However, this motion could not have been brought earlier because the decision Defendants cite as barring the first three causes of action was only recently decided on April 7, 2022, three days after the initial trial date. Since Code of Civil Procedure section 438, subdivision (e) provides the court discretion to allow for a latefiled motion (impo...

Excerpt: ...l briefing be filed and served according to Code. No further briefing has been filed and the Court interprets this as each party's request that the Court now decide the motion based on the prior pleadings filed. Motion: The motion is granted. Whether a defendant is subject to personal jurisdiction in the forum state involves two separate factors. Namely, (1) the basis for jurisdiction or the existence of a constitutionally‐sufficient basis for ...

Excerpt: ...h 486 [holding arbitration was proper for claims against both the manufacturer and retailer under an arbitration provision with language the same as the one currently at‐issue].) The agreement is not unconscionable. The Fourth District Court of Appeal has taken the position that “[t]o describe a contract as adhesive in character is not to indicate its legal effect.... [A] contract of adhesion is fully enforceable according to its terms [Citat...

Excerpt: ...d failures to act—the alleged failure to maintain the hotel, failure to inspect and keep the hotel free of bed bugs, and failure to warn Plaintiffs the room being rented to them was infested with bedbugs. To hold that these allegations support the intentional tort of battery would be to greatly expand battery to include most negligence claims, as virtually all negligence injuries involve some sort of harmful or offensive contact resulting from ...

Excerpt: ...FAC) comprised of over 1121 paragraphs (not including the 186 paragraph Prayer of the FAC), seeks to hold Seller's Choice and Reyes, an escrow officer and escrow company, liable based upon a series of loan transactions. According to Plaintiffs' FAC, Plaintiffs entered into various loans with co‐defendant Kevin Zhang and/or his entities, and that Plaintiffs suffered damages because Plaintiffs did not receive the loan monies, and instead the loan...

Excerpt: ...hat the allegations are ambiguous, uncertain and unintelligible pursuant to Code of Civil Procedure section 430.10, subdivision (f) is overruled, because based upon a review of Plaintiffs' First Amended Complaint (FAC), and taking the allegations of Plaintiffs' First Amended Complaint as a whole, Plaintiffs' FAC and specifically, Plaintiffs' Fifth, Sixth, Tenth, and Eleventh Causes of Action contained therein are not so vague or so ambiguous or u...

Excerpt: ...g the motion in his Report Number 11. On March 4, 2022, Plaintiff filed a request for Oral Argument on this Motion before the Referee and on April 27, 2022, in Report #12, the Referee recommended that the Court deny the request. Plaintiff then directly requested that the Court consider oral argument on the Motion and the Court granted it. After considering the written papers filed in support and in opposition, the Court's tentative is to grant th...

Excerpt: ...G's initial deposition even without prior knowledge of the purported new evidence. Alternative causation is virtually a ubiquitous defense in personal injury cases. (See e.g. the District's answer to the complaint.) As a result, good cause has not been shown for a second deposition as to topics “a,” “b,” and “e.” The “additional information” topic is simply too broad and therefore good cause has not been shown for topic “h.” M...

Excerpt: ...t while corporations are nominal defendants in shareholder derivative suits, they are actually plaintiffs. (Forrest, supra, 58 Cal.App.4th at p. 74; Blue Water, supra, 192 Cal.App.4th at p. 489 [explaining such corporate entities are “actually plaintiffs in the eyes of the law.”].) Defendants' opposition is premised almost entirely on Opinion 1999‐153 (attached to Exh. B to Sichi's declaration) and its interpretation of what is now rule 1.1...

Excerpt: ... Court (Ingrassia) (2003) 114 Cal.App.4th 475, 480‐81) the privacy right is personal to the individual and “does not survive but dies with the person.”1 (Lugosi v. Universal Pictures (1979) 25 Cal.3d 813, 821‐22, overruled by statute on other grounds per Timed Out, LLC v. Youabian, Inc. (2014) 229 Cal.App.4th 1001, 1008; Catsouras v. Department of California Highway Patrol (2010) 181 Cal.App.4th 856, 869‐70; Flynn v. Higham (1983) 149 C...

Excerpt: ...finition of "professional negligence" in Code Civ. Proc., § 340.5, has four elements: (1) a negligent act or omission to act by a health care provider in the rendering of professional services; (2) which act or omission is the proximate cause of injury or wrongful death; (3) provided that such services are within the scope of services for which the provider is licensed; and (4) which are not within any restriction imposed by the licensing agency...

Excerpt: ...Inc. v. Goldman Sachs Group, Inc. (2014) 231 Cal.App.4th 471, 487, fn.8 [“Filing a document makes it a part of the permanent court file, whereas lodging a document makes it only temporarily a court record.”]; Beltone Electronics Corp. v. Superior Court (1978) 87 Cal.App.3d 452, 455 [Lodging documents is “the temporary deposit of the documents in conjunction with a motion to file, until the court determines them to be relevant. In the event ...

Excerpt: .... § 2032.320, subd. (a).) The notice of motion must state the time, place, identity and specialty of the examiner, and the manner, conditions, scope and nature of the examination. (Code Civ. Proc. § 2032.310, subd. (b).) Defendants' motion does not contain any Notice of Defense Medical Exam and there is no indication one has ever been served. The motion identifies the specialties of the examiners, but it does not state the time, place, or ident...

Excerpt: ...h Lindsey Defendants seek to enforce arbitration is not demonstrated. As for compelling arbitration of Richard and Dorothy Landsverks' claims, the 2012 Agreement is an agreement with “LFG Family Office Services” and the Lindsey Defendants do not provide any analysis or discussion of the basis under which they may compel arbitration under the 2012 Agreement. As for the 2018 Agreement between the Landsverks and Lindsey Financial, Inc., the othe...

Excerpt: ...ndant District served its responses and on February 11, 2021, it served a supplemental response to one of the at‐issue RFPs. (Halpern Decl. at ¶¶2‐3; Miller Decl. at ¶¶1‐2, Exh. B.) Plaintiff's Motion to Compel was filed on June 24, 2021. This discovery dispute was reviewed and considered by a discovery referee. On March 3, 2022, the Court granted Plaintiff Nicole's Motion for Reconsideration of the ruling by the Discovery Referee. A mo...

Excerpt: ...ce to Plaintiff of the continued date but there is no notice in the court's file. In considering the merits, the Court notes that the action was originally set for trial on May 25, 2021 for a trial date of February 7, 2022. This was well within the two year statute for discretionary dismissals. This trial was only continued, again on the Court's own motion as a result of COVID. Defendants filed their motion prior to the February trial date and th...

Excerpt: ...onsider the Court's file without judicial notice. 1. Demurrer to Second Cause of Action for False or Fraudulent Registration: The demurrer is overruled. The new cause of action is not necessarily inconsistent with the Court's ruling on the prior demurrer. Rather than allege infringement of their own validly registered mark, Cross‐ Complainants now allege that Plaintiff and Cross Defendant committed fraud in the procurement of the federal and st...

Excerpt: ...riting.” (Code Civ. Proc., §§2030.300, subd. (c); 2031.310, subd. (c); 2033.290, subd. (c).) After a telephonic meet and confer it was agreed Defendant would have three weeks to respond to the meet and confer letter with a commensurate extension for Plaintiff to bring his motion to compel. This was confirmed via an email exchange on August 26, 2021. (Carter Decls., ¶5; Exh. D.) This would extend the deadline to Thursday, September 23, 2021. ...

Excerpt: ...The Court reserves the right to exclude any such evidence upon proper objection or allow the evidence during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. As to any motion granted, the parties are ordered to refrain from conveying to the jury any of the evidence excluded without first obtaining permission of the Court outside the presence of the jury. Furthermore, it is the obligation of...

Excerpt: ...ned Motion to Transfer: The motion is denied. Defendant failed to meet her burden of demonstrating no exception to the general venue rule applies, in particular Code of Civil Procedure section 395, subdivision (b).1 Subdivision (b) provides another “statutory exception to the general venue rule …” in cases involving certain consumer obligations. (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.) It is undisputed that the recovery...

Excerpt: ... the parties on notice that should this occur again, the Court will continue the hearing and consider the issuance of sanctions against the non‐ complying party. First Cause of Action for Negligent Infliction of Emotional Distress (NIED): The demurrer is overruled. Plaintiff concedes that this cause of action is based only on direct liability for negligent infliction of emotional distress as opposed to a claim based upon bystander liability. In...

Excerpt: ...mit Defendants to only filing an Answer even though the proposed pleading was an Answer. Therefore this objection is overruled. First Cause of Action for Fraud: The demurrer is sustained, with thirty days leave to amend. The allegation that Defendants knew the promises were false when made is absent or what representations were made by whom and what authority either defendant had to speak on behalf of the entity. Second Cause of Action for Conver...

Excerpt: ...does not alter this limitations period. The Mexia Court only found that the latent defect did not have to be discovered within one year of the purchase to be actionable but did not hold that the implied warranty period could be extended indefinitely past the four‐year limitations period which begins at the time of sale. Further, because an implied warranty is one that arises by operation of law rather than by an express agreement of the parties...

Excerpt: ...e information is relevant for discovery purposes on the causes of action for Disparate Treatment and Retaliation. The information on hours and days worked by employees appears to the Court to be also an employer record and to this extent is not protected by an individual's privacy interests. Even if it is, this is a minimal intrusion as other employees observe when other employees are present at work and when they are not. The fact that an indivi...

Excerpt: ...important ways. The answer “I do not recall” does not definitively answer the question about whether or not any such conversations were actually had but he does not recall the substance. I do not recall may also mean – I do not recall if we ever HAD any discussions or it may mean yes we had conversations but I do not recall the content. Furthermore, a responding party's obligation when answering propounded interrogatories is to answer the i...

Excerpt: ...ugh it is of concern to the Court that Defendant cites many cases not originally cited in its moving papers, denying Plaintiff the opportunity to meaningfully respond. These cases should have been cited in its original moving papers. The motion is denied. Defendant Segway, Inc. has failed in its burden to establish that there was ever an agreement between Plaintiff and Defendant to arbitrate; or that Plaintiff ever received the alleged agreement ...

Excerpt: ...d within 30 days of service of the complaint is permissive and not mandatory. In addition, it is in the court's discretion to consider the filing so long as the court's action does “‘not affect the substantial rights of the parties.'” Moreover, as the court concluded in Clark v. Stabond Corp. (1987) 197 Cal.App.3d 50, 58‐59, “lack of timely service is waived when the party discusses merits despite its objection”, which Plaintiff has d...

Excerpt: ...ute as to the latter but Plaintiff has met his burden as to the former. Defendant concedes that certain amounts are owed but that the amount of the lien is incorrect. Furthermore, “ * * * a lien claimant may include in the mechanics' lien an amount for the reasonable value of the labor, services, equipment, or materials furnished based on the owner's breach of contract, even if based on oral modifications to the contract.” (44 Ca Jur Mechanic...

Excerpt: ... a stipulated Protective Order which the parties have entered into and claim to have been filed with the Court on October 20, 2021. The Court record does not show such a protective order was ever filed by the parties or signed by the Court. TRULINE moves for (1) an order compelling Plaintiff Excel Packaging System, Inc. (EXCEL) to serve further responses to all 38 of the RFPs propounded by TRULINE on it and (2) an order compelling Cross‐Defenda...

Excerpt: ... Defendants' Reply Separate Statement as the summary judgment statute does not provide for a ‘Reply Separate Statement'. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. 2 Before Trial § 10:220.6, citing Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 252.) Renumbered Separate Statement: In the opposition to the separate statement, instead of citing additional material facts, Plaintiff renumbered the original facts from Defendants and ad...

Excerpt: ...ent, the proper surgical procedures, and medical supplies/devices (e.g., wheelchairs, cane), adequate food and water, and housed in an ADA compliant unit (¶¶62‐78, 109‐125). Defendants argue Plaintiff and/or Decedent have no evidence that the purported discrimination was because of Decedent's disability. Under both the ADA and Rehabilitation Act, the plaintiff must show the exclusion from a program was solely because of his disability. (Wei...

Excerpt: ...2, the Court, at defendant's request, granted a continuance of the hearing on Plaintiff's motion for a preliminary injunction. The Court did not, however, grant permission for any further briefs to be filed. On January 18 and 19, 2022, Defendant filed identical additional Reply briefs. In the exercise of the Court's discretion, the Court considers the Reply filed January 18, 2022. Notwithstanding this consideration, the Court grants the prelimina...

Excerpt: ...covery responses, and in the exercise of the court's discretion, the Court considers the motion notwithstanding the defects. 2. The objections are all without merit. There is no evidence supporting the unduly burdensome objections and evidence is required to sustain such an objection. (W. Pico Furniture Co. v. Superior Court (1961) 56 Cal.2d 407, 418.) The requests are also not overbroad and they seek relevant information since the requests are c...

Excerpt: ...: 1. First Cause of Action for Breach of Contract: The motion is denied. The allegations are sufficiently alleged. 2 2. Second and Third Causes of Action for Negligent and Intentional Misrepresentation: The motion is denied as to the Third Cause of Action but granted as to the Second Cause of Action, with thirty days leave to amend. In the Complaint, Plaintiff Connelly alleges Defendant Sherman misrepresented that she would pay for the purchased ...

Excerpt: ... intentionally caused the flooding or plumbing issues—only that Defendant failed to keep the subject property in a habitable condition, and Defendant acted unreasonably in delaying the repairs with the recognition that Plaintiffs would likely suffer annoyance or discomfort while being unhoused for an extended period of time with their young children. (See, e.g., Stoiber v. Honeychuck, supra, 101 Cal.App.3d at p. 921; Erlach v. Sierra Asset Serv...

Excerpt: ... of Court, rule 2.550(a)(3) [stating sealed record rules do not apply to discovery motions].) Here, given what is at issue in the special interrogatory motion, the specific names are not necessary for consideration of the motion and the names should have been redacted. Plaintiff could have just provided a description of the exhibits as providing lists of names and the number of names. The Court orders Exhibits 1 and 2 attached to Eric J. Goodman'...

Excerpt: ... The demurrer is overruled. The allegations that Plaintiff refused to discriminate when he was told that he was hiring too many black employees coupled with the removal of job duties is sufficient to allege Plaintiff Martinez engaged in a protected 2 activity and as a result, suffered from an adverse employment action– i.e. complaining to supervisors regarding instructions to engage in discriminatory hiring practices – and that as a result of...

Excerpt: ...There is a split of authority regarding whether a demurrer may be properly sustained on the ground that a cause of action is duplicative. (Compare Palm Springs Villas II Homeowners Assn., Inc. v. Parth 2 (2016) 248 Cal.App.4th 268, 290 [demurrer properly sustained to cause of action for “breach of governing documents” on ground that cause of action was duplicative of cause of action for breach of fiduciary duty], with Blickman Turkus, LP v. M...

Excerpt: ...rden of proof in showing that Plaintiff's Motion for Relief for Mistake of Law or Fact was frivolous, without factual or legal merit, and was filed primarily for improper purposes to delay this action and harass Defendant in violation of Code of Civil Procedure section 128.7. Initially, Plaintiff filed an Ex Parte Application to Vacate Judgment which was denied, without prejudice, on March 23, 2021 as there was no judgment on file with the Court....

Excerpt: ...0 a.m. in Department S29. The trial attorneys shall personally appear at the TRC – no court call. The trial document exchange is on or before March 31, 2021 (which is a non‐appearance date) and the trial documents filing date is April 11, 2022, except that motions in limine shall be filed and served in accordance with the local rules. The parties are ordered to comply with the Court's Trial Setting Order which is attached to this Order and wi...

Excerpt: ...ated evidentiary objections. (Hartwell Corp. v. Superior Court (2002) 27 Cal. 4th 256, 279 fn.12; Jolley v. Chase Home Finance, LLC (2013) 213 Cal. App. 4th 872, 889 [“no ‘official web site' provision for judicial notice in California”].) 2 Defendants' Evidentiary Objections: 1‐14. “Facts” ‐ Overruled. Separate statements are not evidence. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 178, fn. 4.) Because undisputed f...

Excerpt: ...of the settlement agreement. The Court is authorized to enter judgment pursuant to the settlement regardless of whether the settlement's obligations were performed or excused. (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1184‐1185.) Regardless, Plaintiff filed this motion to enforce payment of the settlement funds, which was undisputedly overdue. Defendant's failure to respond to Plaintiff's counsel's emails prior to the motion, and its prompt ...

Excerpt: ...onvention was required. Plaintiff has demonstrated that the requirements of the Hague Convention need not be followed in this instance. (See Kott v. Superior Court (1996) 45 Cal.App.4th 1126.) In the reply, Defendant Zhang argues that Plaintiff Chu did not exercise reasonable diligence in attempting to obtain her address. Zhang asserts Chu never asked her counsel for her address, but this is not established in any declaration. In the supplemental...

Excerpt: ...y for recovery, versus a new factual claim [Hagan Decl. at ¶27]. No demonstrated prejudice lies by allowing its addition. Third, while collection of a possible judgment is not a justified basis for adding decedent's wife as a party, the proposed allegation that Janet Thompson was aware, accepted, approved, and benefited from the acts and services rendered1 implicates Family Code § 914, subdivision (a), which states: “[A] married person is per...

Excerpt: ...pare Stephens Compl. ¶¶16‐67, with Leach Compl. ¶¶15‐66.) Plaintiffs even copy/paste allegations regarding the evidence needed to prove both cases. (See Stephens Compl. ¶53; Leach Compl. ¶52.) [“Evidence for DEFENDANTS' indifference for the acuity levels of the FACILITY'S patient population can be found through a comparison of the average registered nurses to resident ratios in California facilities verses the FACILITY.”].) 2 While ...

Excerpt: ...atement was filed by Plaintiff in support of the motion but again it was not in compliance with the Court rules which require that all the text of all responses (original and supplemental) be included and the reasons justifying compelling further responses. The reason for this is so the Court does not has all of the information in one document. Nonetheless, the Court will rule on the motion but 2 admonishes Plaintiff's counsel that any further vi...

Excerpt: ...nst him. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616 [citations omitted].) 2. Demurrer to First Cause of Action ‐ Fraud: The demurrer is overruled. The allegations are sufficient as against a demurrer. 3. Demurrer to Second Cause of Action ‐ Negligent Misrepresentation: The demurrer is overruled. The factual allegations regarding the misstatements and omissions are sufficient for the fraud cause of action, and Defenda...

Excerpt: ...) 40 Cal.App.4th 608, 615; Jones v. Otero (1984) 156 Cal.App.3d 754, 759. On the one hand, despite arguably being aware he filed a lawsuit that would require his participation, Plaintiff Jordan has gone quiet. His silence leaves Target with no means to defending against the lawsuit. And his failure to 2 respond to his Counsel could show a lack of diligence that can equate to willfulness. On the other hand, due to Jordan going quiet, and no eviden...

Excerpt: ...Roxana Yonessi: Sustained. Declarations by the moving party's counsel as to essential facts are generally objectionable and inadmissible as hearsay, except where the lawyer somehow has personal knowledge of the facts. (Star Motor Imports, Inc. v. Sup.Ct. (Shake) (1979) 88 Cal.App.3d 201, 204.) A verification cannot be based on information and belief. (Id.; cf. Schoendorf v. U.D. Registry, Inc. (2002) 97 Cal.App.4th 227, 236 [declaration in suppor...

Excerpt: ...ontext and applicability are important factors which the Court cannot determine by motion. Motion in Limine #11 – Exclude reference to Publicized Accounts of other sexual assault incidents: How is this different from Motion in Limine #8? As with that motion, this motion is denied. This motion is denied. It is not specific enough as to what evidence Defendants seek exclusion of. This motion requires the Court to rule in a vacuum and perhaps even...

Excerpt: ... value. (See Harrott v. County of Kings (2001) 25 Cal.4th 1138, 1148.) 2 Plaintiff's Request for Judicial Notice: The Request is denied. Decisions of the six district courts are not matters the Court can judicially notice the contents of and it is unnecessary to request judicial notice of California appellate decisions which the Court can consider independent of any request for judicial notice. Motion: The motion is denied. FCA moves to compel ar...

Excerpt: ...or set forth the objectionable statement or material.” Objections may be made only to evidence. California Rules of Court, rules 3.1352 and 3.1354 both state they apply to “objections to evidence,” and Code of Civil Procedure section 437c, subd. (b)(5), also refers to “[e]videntiary objections.” Separate statements are not evidence. (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 178, fn. 4.) Because undisputed facts in a s...

Excerpt: ...those related to the alleged medical malpractice, the Complaint also contains allegations indicating defendants were negligent in failing to properly ensure the character, quality, ability, and competence of the individuals treating patients that as a direct and proximate result, plaintiff suffered injuries. When these allegations are viewed in the context of plaintiff's claim that she should have been treated rather than discharged, a valid clai...

Excerpt: ...llegations are not uncertain and are sufficient for purposes of demurrer. 3. Demurrer to First Cause of Action – Breach of the Implied Warranty of Habitability: The demurrer is overruled. There is no requirement in this cause of action that a landlord be given time to correct deficiencies and Plaintiff alleges notice and damages. (paragraphs 12 and 23). Knight v. Hallsthammar (1981) 72 Cal.3d 46, 55. 4. Demurrer to Second Cause of Action _ Brea...

Excerpt: ... extent, what evidence will be presented and that issues are germane, which may not turn out to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. 2 As to any motion granted, the parties are ordered to refrain from conveying to the jury any of the evidence excluded without first obtaining permi...

Excerpt: ... liberally construed so the Court will consider this and the remaining motions in limine brought by Defendant Esther Garcia (GARCIA). 2. The motion is granted. No evidence concerning the fact of the investigation of the California Commission on Teacher Credentialing (CTC) regarding GARCIA (including but not limited to, the complaint, investigation, investigative reports, findings, committee recommendations or administrative appeals) shall be ment...

Excerpt: ...ched to the Request for Judicial Notice filed September 13, 2021 but denies judicial notice of Exhibit I as irrelevant. 2 Demurrer to Second Amended Complaint: All demurrers are overruled. The elements of an infringement claim under California statutory and common law are plaintiff's earlier and continuous use of a trademark, defendant's subsequent use of a confusingly similar trademark, and likelihood of confusion in the minds of the public that...

Excerpt: ...ng a stipulation to strike the treble damage allegation and prayers. (Gillen Decl. at ¶3.) That is not a meet and confer. Nevertheless, the Court elects to exercise its discretion and consider the motion as the trial is a week away and a continuance for compliance is impossible. Additionally, it is unlikely a meet and confer will result in a consensus on the matter. 2. Plaintiff further asserts that the motion under Code of Civil Procedure §100...

Excerpt: ...CA Assoc.”], (2) Western Assoc. of Schools & Colleges [“Western Assoc.”], (3) Fiscal Crisis Management Assistance Team, CSIS Office [“Fiscal Team”], (4) Lindero Canyon Middle School [“Lindero”], (5) Los Angeles World Affairs Council [“LA Council”], (6) A.E. Wright Middle School [“AE Wright”], (7) Las Virgenes Unified School District [“Las Virgenes”], (8) Brandeis Hillel Day Schools (San Francisco) [“Brandies‐San Fran...

Excerpt: ...arbitrate. Additionally, the arbitration section of the Employee Handbook contemplates a signature from the employee separate and apart from that required in the employee acknowledgment, suggesting a separate and severable agreement. Here, as in Romo v. Y‐3 Holdings, Inc. (2001) 87 Cal.App.4th 1153, there is no evidence that Plaintiff ever signed the arbitration section of the Handbook or the Acknowledgment of Receipt and Review. 2 In Mitri v. ...

Excerpt: ... to be the case. The Court reserves the right to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. As to any motion granted, the parties are ordered to refrain from conveying to the jury any of the evidence excluded without first obtaining permission of the Court outside the presence of the jury. Furthermore, it is the obligation of the ...

Excerpt: ...ched to the Request for Judicial Notice filed September 3, 2021. The Court denies judicial notice of Exhibits B‐D as irrelevant. Defendant's Evidentiary Objections: Declaration of Larry Peroni: 9. sustained 10. – 11. overruled 2 15. – 20. overruled 21. – 23. overruled1 24. – 31. overruled Plaintiffs' Evidentiary Objections: Declaration of Donald Zimring: 1. – 10. overruled 11. sustained 12. – 15. overruled 16. – 17. sustained 18. ...

Excerpt: ...the Court will consider the issuance of sanctions against the non‐complying party. 1 These sections require a meet and confer in person or by telephone. 2 Demurrer: The demurrer2 to the Fifth Cause of Action is sustained with thirty days leave to amend. The cases cited by each party demonstrate that to rise to the level of “willful” and “malicious” conduct, the conduct on the part of the defendant must be more than mere negligence, as u...

Excerpt: ...deemed waived and/or abandoned (Boblitt v. Boblitt (2010) 190 Cal.App.4th 603, 609 [“[E]very brief should contain a legal argument with citation of authorities on the points made. If none is furnished on a particular point, the court may treat it as waived, and pass it without consideration. Contentions supported neither by argument nor by citation of authority are deemed to be without foundation, and to have been abandoned.”]) 2. Demurrer to...

Excerpt: ...comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or co...

Excerpt: ... declaration are overruled; 2 3. Defendant General Tool, Inc.'s evidentiary objections 9‐14 and 17‐23 to the Mortimer declaration are sustained as lacking foundation, but objections 15 and 16 are overruled; and 4. Defendant General Tool, Inc.'s evidentiary objections 1 and 2 to the Childs' Declaration are sustained. Requests for Judicial Notice: The Court grants General Tool's Request for Judicial Notice of Exhibits 1 and 2 and Duenna, Inc.'s...

Excerpt: ...ms appear barred by the three year statute of limitations. Plaintiffs attempt to plead delayed discovery as applied to the applicable statute of limitations. However, Plaintiff have not plead sufficient facts to invoke the delayed discovery rule. In order to rely on the discovery rule for delayed accrual of a cause of action, ‘[a] plaintiff whose complaint shows on its face that his claim would be barred without the benefit of the discovery rul...

Excerpt: ..., (5) Broadspire Services, Inc., and (6) Harco National Insurance Company. However, after the filing of the Motion, Defendant withdrew the subpoenas to Disney (No. 3), San Bernardino (No. 4), and Broadspire (No. 5). Further, Defendant has agreed to modify the subpoena as to Ace (No. 1). Therefore, the only subpoenas in dispute are Employers (No. 2) and Harco (No. 6). The motion to quash appears moot by virtue of the fact that the records of Emplo...

Excerpt: ...onable attorneys' fees. The Court has carefully scrutinized the motion, the supporting Declarations and the billing invoices and reviewed the Court's file and the pleadings. In determining what constitutes reasonable compensation for an attorney who has rendered services in connection with a legal proceeding, the trial court has broad discretion and wide latitude, and the court may make its own determination of the value of the services contrary ...

Excerpt: ...s. Defendant asserts the FAA applies without pointing to any particular supporting evidence. The agreements themselves (Starr Decl., Exhs. 1‐2) do not reference the FAA. The moving papers provide, without support, that Defendant is a California‐based nonprofit organization that works with school districts and local communities to offer extended learning programs for underprivileged and low‐income children. (Motion, 1:23‐24.) The moving 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...ecord … may sign and issue a subpoena … .” (Code Civ. Proc., § 1985, subd. (c).) Although District is correct that Thompson & Colegate is its “attorney of record,” it fails to recognize that since attorney Priscilla Hernandez is no longer an attorney at that firm, she no longer had the authority to engage in any actions on behalf of the firm. As a result, the deposition subpoena is invalid since it contains the signature of an attorney...

Excerpt: ... on May 14, 2021. It has been almost two months since the Court issued this Order and Plaintiff has willfully failed to comply or explain to the Court his failure to answer the three sets of discovery served upon him by Defendant Anji Logistics America Holdings, Inc. Plaintiff has also not contacted Defendant's attorney to request any extension or explain his lack of compliance with the Court's Order. Moreover, there have been four court hearings...

Excerpt: ... Court cannot handle all of the discovery motions and Informal Discovery Conferences filed and requested as it is underresourced even without the effects of the Pandemic.1 Plaintiff moved aggressively in filing the instant motion the very next business day after the deadline. It also appears that Defense counsel is also under‐resourced because the mistakes and missteps are frequent. The most important order of business at this point is ensuring...

Excerpt: ...trike to consider this motion. The transcripts are not necessary in light of the Court's ruling on the motion to strike setting forth the Court's reasoning, which this Court can consider without taking judicial notice. As for the LAUSD decision, it is unnecessary to for the Court to take judicial notice of its existence, because the District can simply cite it. Plaintiff's Request for Judicial Notice: The Court denies the request for judicial not...

Excerpt: ...Cal.App.4th 182, 194, quoting L.B. Research & Education Foundation v. UCLA Foundation (2005) 130 Cal.App.4th 171, 180, fn. 2. Demurrer: Civil Code §2100 elevates the duty of a common carrier to a higher affirmative duty. In Ingharm v. Luxor Cab Co. (2001) 93 Cal.App.4th 1045, the court noted that the “duty of due care does not necessarily end when the passenger alights safely from the carrier's vehicle; it ends only when the passenger is disch...

Excerpt: ... Plaintiff does not provide the Court with any authority for the Court to grant this relief by motion and not by a contested trial. “No partition can be had until the interests of all the parties have been ascertained and settled by a trial. Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599; see further Code Civ. Proc., §872.610. The motion is further defective for failure to join all necessary parties. In a partition action, the “plaintiff shall...

Excerpt: ... The demurrer is sustained, with thirty days leave to amend. To state a viable cause of action, facts must be alleged which affirmatively show non‐compliance with the ADA and 28 C.F.R § 36.302(e)(1)(ii). Since it may be permissible for a hotel to merely label its rooms, hotel, etc. as “accessible,” the burden is on plaintiff to allege facts demonstrating why that designation violates the ADA and related regulation (See Love v. Wildcats Own...

Excerpt: ...e grounds that no cause of action is stated is sustained. 1The Court interprets Plaintiff's non‐ opposition as a concession that the demurrers/motion to strike are well taken as to some or all of the grounds asserted by moving Defendant. (Los Angeles Equestrian Center, Inc. v. City of Los Angeles (1993) 17 Cal. App. 4th 432, 450, citing Biljac Associates v. First Interstate Bank (1990) 218 Cal App. 3d 1410, 1420, overruled on a different point....

Excerpt: ...ight to exclude any such evidence upon proper objection during the trial depending upon what occurs at trial. The denial or grant of these motions is without prejudice. Motion in limine #1 – Exclude Evidence of Defendant Daniel Radoccia's Military Service: Grant. Motion in limine #2 – Reference to Medi‐Cal Insurance and other requests: Grant in part. Evidence that Plaintiff receives medi‐Cal insurance benefits is precluded. Evidence that ...

Excerpt: ...nd the records contained there so a formal request is unnecessary. (See Columbia Cas. Co. v. Northwestern Nat'l Ins. Co. (1991) 231 Cal.App.3d 457, 473.) The Court has reviewed its file, Exhibits A 2 through D, as well as the Petitions for Guardian ad Litem and Orders for: Jane LLN Doe, entered September 6, 2019; Jane LSC Doe entered August 16, 2019; Jane LSK Doe entered September 25, 2019; Jane LHE Doe entered July 27, 2020, and Jane LGD Doe ent...

Excerpt: ...of oral contract or an implied in fact contract sufficient as against a general demurrer. Paragraph 83 specifically provides in exchange for payment of tuition, Director Lopez promised ALCS could handle Lucas4 , would not send him home during the day, and it does not expel students. The alleged agreement not to send Lucas home was definite, and Plaintiffs clearly allege breach. Consideration is also clearly pled—payment of tuition. Just because...

Excerpt: ...upport of the motion on February 24, 2021. MOTION: 1. Law to Be Applied in A Summary Judgment Motion: “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite 2 their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) Summary judgment is proper where the...

Excerpt: ...erson Most Qualified (PMQ). The fact that Defendant asserts in its Opposition that it agrees to all but one of the categories yet argues the other categories is also telling. Finally, this Court would never require a party to re‐produce documents already produced in other discovery. 2 Both counsel are experienced in this area of law and by now should know of and cooperate with each other as to each's discovery needs and save only the real dispu...

Excerpt: ...nts requested judicial notice of are attached to the Declaration of Moses S. Bardavid, Esq.1 and Plaintiff does not object on this ground so the Court will entertain this Request. Plaintiff objects to Defendants' request on the ground that the interrogatory responses are not proper subjects of judicial notice for purposes of ruling on this demurrer. The objection based on hearsay is easily resolved as there is an exception to the hearsay rule whe...

Excerpt: ...ns have been withdrawn by Plaintiffs; therefore, no ruling is made. Motion to Compel Further Responses to Production of Documents (Set 3) Against Defendant Esther Garcia: In the Joint Statement, Defendant Esther Garcia agreed to serve an amended Privilege Log. No such amended Privilege Log has been provided to the Court so the 2 Court asks the parties how it can evaluate a log that is not before the Court? The Court, however, agrees with Plaintif...

Excerpt: ... withdrawn by Plaintiffs; therefore, no ruling is made. Motion to Compel Further Responses to Production of Documents (Set 3) Against Defendant Esther Garcia: In the Joint Statement, Defendant Esther Garcia agreed to serve an amended Privilege Log. No such amended Privilege Log has been provided to the Court so the 2 Court asks the parties how it can evaluate a log that is not before the Court? The Court, however, agrees with Plaintiffs that the ...

Excerpt: ...ed 2 Motion: The motion is denied, without prejudice. Where a motion for prejudgment possession is opposed, the moving party is required to establish each of the following: (1) the plaintiff is entitled to take the property by eminent domain, (2) the plaintiff has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article, (3) there is an overriding need for the plaintiff to posses...

Excerpt: ...sustain 28. overrule B. Declaration of Floyd E. Clark (Exhibit C): 1. overrule 2. sustain 3. overrule 4. overrule 5. overrule 6. overrule 7. overrule 8. overrule 9. sustain C. Deposition of Bryan Shropshire (Exhibit 1): 1. – 2. overrule 3. sustain 4 4. ‐ 8. overrule 9. sustain D. Deposition of Arthur Andres (Exhibit 2): 1. ‐ 2. overrule 3. sustain 4. ‐ 9. overrule E. Deposition of Michael Pelletier (Exhibit 3): 1. ‐ 5. Overrule F. Depos...

Excerpt: ...te hearing, the Court set the matter on noticed motion, since it advised the parties that the March 22 trial would have to be continued due to COVID and the rules in place for social distancing. Once continued, it was hoped that the parties would come to some mutual agreement and have these depositions noticed by agreement once a new trial date is set at the TSC which will not occur until January, 2022 or later. After being called by the Court's ...

Excerpt: ... that ruling be exhausted or waived, both FedEx Office and the Team Member nevertheless waive their right to proceed before a jury, meaning all actions shall proceed only before a judge.” Plaintiff's claims of procedural unconscionability are not persuasive. There is no evidence that Plaintiff was unaware of the arbitration agreement or that he did not understand it. There is no evidence Plaintiff specifically asked about the arbitration agreem...