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: ...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: ...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: ...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: ... 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...