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...