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...