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...