Excerpt: ...ess was. This issue was addressed at length in Lasalle v. Vogel (2019) 36 Cal.App.5th127 [4th Dist.] where a judgment was reversed based on a default where the only notice that default would be taken was sent by email and a letter demanding an answer be filed the following day, noting that Code of Civil Procedure section 583.130 requires cooperation between the parties in bringing the action to trial. [other citations omitted] ˋSo what we review...

Excerpt: ...he woman behind the hotel desk or the assistant manager. The moving party must satisfy his or her initial burden before the opposing party must controvert anything. (§ 437c, subd. (p)(1), (2).) Accordingly, a moving defendant who claims that the plaintiff cannot prove all the elements of his case must present evidence in support of this claim. The defendant cannot simply challenge the plaintiff to prove his case by opposition. (Aguilar, supra, 2...

Excerpt: ...r consideration of the motion. It would appear that the point of this was to demonstrate to the Court the extent of prior significant discovery (although not exclusively to the moving party.) Defendant Bridgestone Corporation's counsel is admonished to refrain from filing unnecessarily long exhibit packages. In the alternative, a chart would have sufficed ‐ it is unnecessary to fill the court's files in order to demonstrate this point. The Cour...

Excerpt: ...). The Court may review binding arbitration awards in accordance with the statutory grounds for vacating or correcting. (Moshonov v. Walsh (2001) 22 Cal. 4th 771, 775.) However, a court may not vacate or correct an award because of the arbitrator's legal or factual error if such is within the scope of the controversy submitted to the arbitrator. Id. After an arbitrator has issued an award, the role of the trial court is limited to confirming, cor...

Excerpt: ...on be filed as coverage is in dispute. There is no danger of inconsistent adjudications because the issues involved in the two action do not overlap. Trial Setting Conference: The Trial Setting Conference is continued to July 12, 2021, at 9:00 a.m. in Department S29. Court Call appearance only. Unless waived by the parties, moving party is directed to give notice of ruling. ...

Excerpt: ...murrer to the Fifth Cause of Action is sustained, with leave to amend. All of the elements are not pled and a statutory basis for liability needs to be pled as well. 3. The demurrers to the Second and Sixth Causes of Action are overruled. As to the Second Cause of Action, the allegations are sufficient and as to the Sixth 2 Cause of Action, Defendants have failed to cite any legal authorities to support their demurrer.1 Defendant Bertrand Christo...

Excerpt: ...tion of records as requested. Defendants have made much of the fact that the decedent was only in Defendants' care for one week and imply that they could not be responsible for any harm the decedent 1Judge Frangie is absent from the Court on April 1, 2021. In the event that both parties do not submit on the Court's tentative, the hearing shall be trailed to April 5, 2021. Please contact Judicial Assistant Teri Handyside in the event either party ...

Excerpt: ...For guidance for the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. 1 To establish “good cause” to compel further responses, the burden is on the moving party to show both r...

Excerpt: ...) 60 Cal.App.4th 171, 178 fn.4.) II. Plaintiff's Evidentiary Objection: Sustain Plaintiff's Objection to Supplemental Declaration of Jesus Navarrete, filed March 12, 2021. There is no basis to consider this late filing containing new evidence. III. Request for Judicial Notice: The request is denied. While the Secretary of State's official website may provide some modicum of reliability, there is no basis on which to grant judicial notice. Exhibit...

Excerpt: ... 411.2 which requires that the motion be filed and served at least 8 days before the TRC. 2. It is defective as not in compliance with Local Rule 415(a)(2) which provides, “(a) (2) A representation to the court that the subject of the motion has been discussed with opposing counsel, and that opposing counsel has either indicated that such matter will be mentioned or displayed in the presence of the jury before it is admitted in evidence or that...

Excerpt: ...e is denied as unnecessary. B. Motion: The unopposed motion for summary judgment is granted. The cross‐defendant has established it has no involvement in this litigation as it did not contract for, authorize or perform any work at the Subject 2 Property. (UMF 5 – 9; Declaration of Greg Moline; Deposition excerpts of Caryn Baitel). II. Defendant Greg Moline, individually and dba Triton Builder's Motion for Summary Judgment/Adjudication of the ...

Excerpt: ...s irrelevant and Plaintiffs are asking to accept the truth of statements therein, which is improper, as judicial notice would only be of the existence of the filed pleading, not the truth of the arguments asserted. Firstly, Defendants Dunagan offer no clear reason why an order to show re compliance should issue. Even if late, they do not dispute the bond was posted. Sayegh complied eventually so an order to comply appears unnecessary. Second, Dun...

Excerpt: ...TORIES (SET #3): C. DEFENDANT ESTHER GARCIA'S MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS RE DEMAND FOR PRODUCTION (SET #3): 2 In the exercise of the Court's discretion, the motions are granted. Preliminarily, it would be the height of pettiness for the Court to deny the relief (which has significant consequences for a party) because the caption was incorrect.1 The Court agrees with defense counsel that a plain reading of the statutes providing f...

Excerpt: ...or the parties, the Court is of the opinion that the requests may be overbroad in some respects and the moving party's failure to be specific in a showing a good cause as to why these particular documents should be produced in this action. 1 A motion to compel further responses and documents requires a showing of good cause. Fireman's Fund Ins. Co. v. Superior Court (1991) 233 Cal.App.3d 1138, 1141. A protective Order will obviate, in most cases,...

Excerpt: ... precedential value, only one of them, an unsigned superior court tentative ruling, addresses the pivotal issue raised in this motion, which is whether the employer demonstrated the employee e‐signed the agreement. (See Ex. G.) Because analysis of that issue involves analysis of specific facts unique to each case, an unrelated trial court ruling is irrelevant. RANDSTAD/AIO Acquisition (AIO)'s Motion to Compel Arbitration: The motion is granted....

Excerpt: ...efendants opposed the motion and, inter alia, argued that the pleading was unclear as to what was sought to be amended. On January 19, 2021, the Court continued the motion to allow Plaintiffs to clarify the amendments and provide a red‐lined version of the changes to the current complaint, along with a clean version of the Amended Complaint. In addition, the Court requested further briefing on the issue of whether or not the Court had the power...

Excerpt: ...aphs 10, 13, 15, and 16 are contractually binding and enforceable. (DF ##35‐36; Susan Morales (SUSAN1 ) Declaration at ¶17, Exh. 3, p. 3.) While Defendants dispute this, asserting in her deposition SUSAN testified that she did not believe the letter of intent was a contract. However, Defendants do not offer any legal authority that the subjective testimony of a corporate officer to an agreement 1 Since both individual Plaintiffs have the same ...

Excerpt: ...ion of documents to Request for Production of Documents (Set 1): All motions are granted. Defendant BaronHR West Inc.'s remedy upon receiving the discovery was to seek a protective order that it need not respond until the issue of arbitration is determined. It did not do that. Defendant has not sought to compel Flores to arbitration. Defendant does not offer any case law or authority that it can hide behind it holding a signed arbitration agreeme...

Excerpt: ...up, LLC as that party was dismissed on February 11, 2021.The unopposed demurrer to the Tenth Cause of Action (Quantum Meruit) is sustained as to Cross‐defendant PRG SANS, LLC. Unless Cross‐complainant EAGLE can make an offer of proof as to how the cause of action may be amended to state a viable cause of action, the demurrer is sustained, without leave to amend. In that event, moving party shall submit a Judgment of Dismissal prior to the nex...

Excerpt: ...he employment paperwork, and had to do so on his cell phone as he did not have a computer at home. The documents were not explained to him and no copies were sent. (Hunkin Decl. at ¶2.) Contracts of adhesion in the arbitration setting of this nature constitute only modest procedural unconscionability. Da Loc Nguyen v. Applied Medical Resources Corporation (2016) 4 Cal.App.5th 232, 248. [4th Dist.] The significant impediment to arbitration is the...

Excerpt: .... 4th 442, 447 [78 Cal. Rptr. 2d 101]; see also Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal. 3d 197, 221 [197 Cal. Rptr. 783, 673 P.2d 660].)6 (original emphasis) The non‐disclosure agreements are the type of agreements that can establish a trust relationship imposing confidential duties on the parties. 2. The demurrer to the Fourth Cause of Action on grounds of failure to state facts sufficient to constitute a...

Excerpt: ...ules of Court. Defendants cite to no authority providing for lodging exhibits in support of a summary judgment/adjudication motion. Therefore, the Court orders the exhibits filed and admonishes Defense Counsel in the future to file the evidence they would like the Court to consider. 1 Lodged exhibits are exhibits merely being temporarily placed or deposited with the court but not filed, and until it is filed, it is not part of the court's permane...

Excerpt: ...ourth Cause of Action is overruled. 3. The demurrer to the Fifth Cause of Action is overruled. A party at the pleading stage may plead alternative remedies. 4. The demurrer is sustained without leave to amend as to the Sixth Cause of Action. The Court finds the federal cases persuasive. Motion to Strike: Defendants' motion to strike is denied as to the civil penalty allegations under the SongBeverly Act. The Court cannot tell from the face of the...

Excerpt: ...rant. Plaintiff Miguel Guadarrama is ordered to serve verified answers, without objection, to the Form Interrogatories (Set #1) on Defendant Omnitrans on or before March 19, 2021. Motion to Compel Responses to Request for Admissions (Set #1): Grant. The truth of matters specified in Request for Admissions (Set #1) 1‐8, is deemed admitted against Plaintiff Miguel Guadarrama. Motion to Compel Responses to Request for Production of Documents (Set ...

Excerpt: ...A. The demurrer is overruled on the ground that this claim is not fairly reflected in the Government Claim. A complaint will be allowed if the Government Claim alleges a basic factual theory, but fails to mention additional facts that are later alleged in the complaint and that are fairly included within the facts in the claim, or alleges a closely related legal theory of liability that is based on the same facts as the theories stated in the cla...