Excerpt: ...ts for production. Page 2 of 14 Plaintiff M.D.L.F., a minor by and through his guardian ad litem, Melinda Fields, (“Plaintiff”) filed this personal injury action against Defendants Morongo Unified School District (“the District” of “MUSD”), Cindy Arrowood (“Arrowood”), and Diana Fisher (“Fisher”) (collectively, “Defendants”). On September 23, 2020, Plaintiff filed a Third Amended Complaint (“TAC”), which includes seven...

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: ...ive First Amended Complaint (FAC) alleging the following five causes of action against defendants Lyft, Inc. (Lyft); John Doe Lyft Driver; and Alejandre: (1) Negligence (Against Lyft and John Doe Lyft Driver Only); (2) Negligent Infliction of Emotional Distress (NIED) (Against Lyft and John Doe Uber Lyft Only); (3) Negligent Hiring, Retention, Training & Supervision (Against Lyft Only); (4) Assault & Battery (Against Alejandre Only); and, (5) Int...

Excerpt: ...age 2 of 23 interrogatories. After Ashley Furniture sent an inquiry on July 30, 2021 and received no response, Ashley Furniture filed this motion to compel responses to form interrogatories and motion to compel responses to special interrogatories. Both motions request sanctions. On September 14, 2021, Nava filed oppositions to both motions indicating responses have now been served. Discussion Ashley Furniture has moved to compel responses to the...

Excerpt: ... the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof ...

Excerpt: ...nnot support his negligence cause of action; (ii) there is no admissible proof that Nguyen breached his duty of ordinary care and caused the subject vehicle collision; and (iii) based on the evidence, if Plaintiff was driving in a safe and reasonable manner, he would have had sufficient time to avoid the subject collision. Defendants further argue that however, due to Plaintiff's inattention and unsafe driving, he collided with the rear of Defend...

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: ...f Contract; (2) Estoppel; and, (3) Declaratory Relief. On May 7, 2021 Plaintiffs filed an Amendment to Complaint adding Needles Public Utility Authority as Doe 1. Prior to a responsive pleading being filed, and as a matter of right pursuant to Code of Civil Procedure, section 472, on May 7, 2021 Plaintiffs filed the now operative First Amended Complaint (FAC) alleging the following three causes of action against the City and Needles Public Utilit...

Excerpt: ...mplaint pleads ten causes of action: (1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (4) negligence failure to warn, train, or educate, (5) negligence per se, (6) constructive fraud, (7) intentional infliction of emotional distress, (9) sexual harassment (Educ. Code, §220), (10) breach of fiduciary duties, and (11) failure to perform mandatory duties.4 Defendants answered. The Complaint alleges LD was a student at Bars...

Excerpt: ...e defendants knew there were intoxicated, aggressive, and dangerous patrons at the premises, but declined Mouton's request to call law enforcement. Defendants also failed to take any action to protect the safety of their patrons. Through the complaint filed on July 17, 2019, Mouton asserts causes of action for: (1) motor vehicle negligence against Does 90‐100, (2) general negligence, and (3) premises liability. Mouton also eventually name Leon ...

Excerpt: ... has been waived by the petitioner; or (b) Ground exists for the revocation of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The moving party may also seek a stay of pending litigation either by itself ...

Excerpt: ...f witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order, no later than the close of pretrial conference in cases in which such pretrial conference is to be held, or, in other cases, no later than 30 days before the trial date, that the trial of any issue or any part thereof shall precede the trial of any other issue or any p...

Excerpt: ... in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (§ 436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (§ 437, subd. (a).) Good Faith Meet and Confer Effort Code of Civil Procedure, section 435.5 provides in...

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: ...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: ...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: ... 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: ... 2 of 11 complaint involves the property at 26787 Barton Road, Bryn Mawr, California 92373. Brennan Lynne alleges the following: Defendant Murphy owns the property. He is also the former owner/operator of a bar and restaurant known as Taylors Tavern, which is located on the property. On April 9, 2015, Murphy entered into a sale and purchase agreement with Brennan Lynn. Under the terms of the agreement, Murphy was to sell the assets of Taylors Tav...

Excerpt: ...r train, engine, transmission and electrical systems. Moss Bros, and the vehicle's manufacturer (defendant FCA US, LLC), were unable to conform the vehicle to the warranties. Furthermore, no relief in compliance with the Song‐Beverly Consumer Warranty Act (the Act) was provided by defendants. (Compl. at ¶¶ 4 and 9‐18.) As a result, the Thompsons commenced the underlying litigation on March 18, 2021 against Moss Bros and FCA for various viol...

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: ...rth; Amanda Hollingsworth; Brett Hollingsworth; HUC Corp.; Michael Robbins; Dieter & Irene Lange; Jacobs Landscape Services Inc. (JLC); Dale Jacobs; and Autumn Jacobs.1 Plaintiff asserts that several Defendants failed to respond to written discovery or served responses past the due date, and thereby waived objections. It argues that issues with discovery in which late responses or no responses were provided have no deadline to move to compel. As ...

Excerpt: ...'s Human Resources (HR) manager, Esther Magallanes, submitted a declaration authenticating the arbitration agreement. (Magallanes declaration ¶ 14.)3 She declares that plaintiff “became employed by Office Star on December 9, 2016 to work as a Shipping Clerk for Office Star's Elm warehouse in Fontana.” Magallanes worked in the office that day and was present during plaintiff's orientation. (Magallanes Decl. ¶¶ 7‐14.) Additionally, the pro...

Excerpt: ...that on September 8, 2016, Plaintiff purchased a 2017 Chrysler Pacifica vehicle (VIN 2C4RC1EG6HR537516 (the “Vehicle”) which was manufactured and distributed by Defendant FCA (Comp., ¶9). The sales price was $53,613.84 and the Subject Vehicle was primarily used for personal, family or household purposes from an entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail (Comp., ¶9). The car has various...

Excerpt: ...ace of a parent or legal guardian for student (Plaintiff) Jane LD Doe. Davis undertook an investigation of O'Neil and confirmed the existence of other alleged victims as early as November/December 2018. Page 2 of 10 On July 19, 2021, Plaintiff served a Deposition Subpoena Duces Tecum to Fraud Fighters, an investigative firm retained by Defendant to investigate Plaintiff's claims. Fraud Fighters was identified in a supplemental response to Form In...

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: ...er filed declaration, but includes two new declarations, a declaration of Kevin Mahoney and a Supplemental Declaration of Kevin Mahoney. The Supplemental Declaration addresses costs. It states that the costs “total seven thousand, one hundred eighty‐one dollars and seventy two dents ($2,440.21) [sic].” The verbal statement appears to be a typographical error; the figure as stated in Arabic numerals is correct. Nevertheless, the court will n...

Excerpt: ...ed the work at Cross‐ Defendants' store. Page | 2 Business and Professions Code section 7031 provides, in pertinent part, “Except as provided in subdivision (e), no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for the collection of compensation for the performance of any act or contract where a license is requir...

Excerpt: ... presented evidence of the onboarding process, Defendants failed to submit evidence Plaintiff actually executed the Applicant Agreement, and Plaintiff maintained it was easy for other Appleone employees to sign an employee's Page 2 of 12 documents for him or her. In their Reply, Defendants presented additional evidence to further authenticate Plaintiff's electronic signature. The matter came before the Court on June 24, 2021, at which point the C...

Excerpt: ...ainst Smith. The operative Second Amended Cross‐Complaint (“Marini's SACC”) pled four crossclaims: (1) abandonment of express easement, (2) nuisance, (3) prescriptive easement, and (4) declaratory relief. Cross‐Defendants Smith answered. And by intervention. MM & CC, Inc. (“MM”) answered. On July 9, 2021, the Court granted Smith and MM's Motion for Summary Judgment. MM also filed a Complaint‐in‐Intervention against Marini alleging...

Excerpt: ...ided physical possession of Plaintiff's boat (and Plaintiff had physical possession of the jet skis), the consummation of this agreement was subject to all vehicles passing mechanical inspection. (¶ 8.) On or about September 20 or 21 of 2019, Defendant advised Plaintiff the boat had been stolen from Defendant's shop, and Plaintiff learned Defendant failed to secure the boat and trailer; instead, Defendant left it parked in a lot behind and adjac...

Excerpt: ...ght and the pleading added Jane Weng as a defendant. As for the underlying allegations, the Trust contends that on October 20, 2020, it offered to purchase the property through its agent, Maryam Golbakhsh, and from the Chiens, through their broker/agent, Weng. The Chiens counter‐offered and the Trust accepted the counter‐offer (FAC at ¶¶ 10, 14, 16, and 20‐21). Under the terms of the agreement, the Chiens were to provide disclosures withi...

Excerpt: ...ant was an abusive husband, who intentionally and/or recklessly abused Plaintiff emotionally, verbally, physically, and sexually. Plaintiff became emotionally distressed and depressed as a result of the consistent abuse she suffered at Defendant's hands, and she sought treatment with psychologists and therapists. (¶¶ 6‐7.) Plaintiff's treating psychologists opine that her symptoms are consistent with someone who has been traumatized, with the...

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: ...ed by either a coordination motion judge or a coordination trial judge. If a stay has been imposed, this court cannot proceed further unless and until the stay is lifted. The motion for fees and costs. June 21, 2021, the court issued a written tentative ruling on plaintiff's motion for attorney fees and costs incurred in the arbitration proceeding that plaintiff alleges defendant abandoned. The court has not ruled on the motion, but continued the...

Excerpt: ...s, but they Page 2 of 15 declined Plaintiff's request to call law enforcement, and they otherwise failed to take any action to protect the safety of their patrons. Because of defendants' failures, Plaintiff was the victim of a vehicular assault and battery while she was a pedestrian in defendants' parking lot. Plaintiff filed her Complaint July 17, 2019, asserting causes of action for: (1) Motor Vehicle Negligence [Does 90‐100], (2) General Neg...

Excerpt: ... the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee . . . to proceed with that arbitration as a result of the material breach. Page 6 of 9 (b) If the drafting party material breaches the arbitration agreement and is in default under subdi...

Excerpt: ...span to 10 years from the date of incident to the present. (Vine Dec., ¶¶ 2‐3; Exhibits 2‐ Page 2 of 30 3 to Vine Dec.) On June 14, 2021, Plaintiff clarified she did not object to the production of any medical records from Foothill, but she objected to the records from St. Mary's because none of those records pertain to the injuries claimed in the present lawsuit. (Vine Dec., ¶ 4; Exhibit 4.) On June 15, 2021, Defendant re‐issued subpoen...

Excerpt: ...s the accident occurred on July 20, 2019. The County of San Bernardino (“County”) was served with a claim for damages on January 13, 2020 and rejected on February 10, 2020. The Complaint asserted the following: Defendants negligently, recklessly and/or wantonly owned, maintained, managed operated, controlled and safe guarded the premises and or roadway at or near 17800 Glen Helen Rd., San Bernardino, CA 92407, such that an exposed hole and/or...

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: ...gn and return a copy of this letter to me soon as possible. Also attached is an employment agreement. Please sign and scan/e‐mail a copy to…” (Sporer Decl., Ex. 1, p. 2, underlining added.) Plaintiff signed the letter electronically below the statement: “I accept the position offered by the Andersen Logistics under the terms described in this letter.” Essentially, the parties' arguments boil down to the following. Defendant argues that ...

Excerpt: ...lt and time‐consuming for the court to analyze costs by failing to summarize the costs in a single location, but across four separate declarations. While lawyers from different law firms must individually document their costs, they should also be grouped together in a single location for the court's convenience. Page 3 of 4 CVS26073021 2. Confirmation that the administrator's fee is not to exceed $25,000.00. 3. Confirmation that employer‐side...

Excerpt: ... only that there 2,059 participating members, without separately listing the number of class members and the number of PAGA aggrieved employees. Class members whose employment terminated before commencement of the PAGA period do not participate in the PAGA settlement, and putative class members who opted out of the class settlement still participate in the PAGA settlement if their employment fell within that time period. The settlement administra...

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: ...erson described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, including protective orders. In addition, the court may make any other order as may be appropriate to Page 2 of 13 protect the person from unreasonable or oppressive de...

Excerpt: ...s no jurisdiction to enforce any settlement among non‐parties. These entities, if they are included in the settlement, will need to be made parties and make general appearances (including payment of first appearance fees in the complex litigation department). The hearing can be continued to a later date to accomplish this. The motion is unclear as to the amount of fees and costs sought. Nevertheless, the settlement agreement clearly provides th...

Excerpt: ...95, 999.) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice, in which case the judicially noticed content must be specified in the opening papers. (Code Civ. Proc., § 438, subd. (d); compare Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5 [on “nonstatutory” motion for judgment on the pleadings, court took judicial...

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: ...n, Cal. Prac. Guide (TRG 2013), Civil Procedure Before Trial, §8:1180‐8:1181.) “[P]arties may conduct discovery “regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action … if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.” (Perlan Therapeutics, Inc. v. Superior Court (2009)178 Cal.App.4th 1333, 1351, ...

Excerpt: ...of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amend...

Excerpt: ...rrect. The matter is continued and in addition a Motion for Contempt Sanctions against American General Life Insurance and its attorneys will be set on the same day. Notwithstanding, the Court offers the following comments: Judicial Notice1 Defendant American General requests judicial notice of the Court of Appeal decision in Williams v. National Western Life Insurance Company (2021) 65 Cal.App.4th 436. DENY as unnecessary in that it is a binding...

Excerpt: ...l and Joanna Davis. (See Compl. ¶19, Ex. C.) That allegation appears consistent with the express language of the assets sale and purchase agreement. (See Ex. A.) It seems disingenuous to take the position that Michael Davis executed the lease agreement and the assets sale and purchase agreement, both of which contain purchase option provisions, as President of Brennan Lynn, while at the same time taking the position that Davis did not sign the n...

Excerpt: ... October 15, 2020 [Exhs. D‐F to Katz's Decl.]: GRANT judicial notice per Evidence Code section 452, subdivision (d). Discussion In Sullivan's Notice of Motion and Motion, he seeks to adjudicate the prayer for treble damages and attorney fees. This is impermissible. An MSA on damages concerns only adjudicating the recovery of punitive damages: Accordingly, the current version of the statute, like the former version, contains parallel independent...

Excerpt: ... concealed a known defect from Plaintiff—the defective PowerNet Electrical Architecture, which consists of a computer, fuses, and internal relays. It is responsible for controlling and distributing electrical power throughout the vehicle. (Id. ¶148.) Plaintiffs alleges that because the electrical architecture controls power a wide variety of essential vehicle systems, including safety and security systems, the defect often leaves vehicles inca...

Excerpt: ...¶¶3‐5, Exhs. 7‐9; Mills Decl. at ¶¶3, 5‐ 7, 9‐10, 12, Exhs. 1‐2, 4‐6, 8‐10.) Plaintiff M&Y timely moves to compel Deponent MLR to comply with the deposition subpoena. DISCUSSION Statement of the Law Code of Civil Procedure section 1987.1, subdivision (a) states: If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the ...

Excerpt: ...n in Violation of Labor Code § 1102.5; (3) Discrimination in Violation of FEHA; (4) Failure to Prevent Discrimination in Violation of FEHA; (5) Harassment in Violation of Page 2 of 25 FEHA; (6) Failure to prevent Harassment in Violation of FEHA; (7) Retaliation in Violation of FEHA; (8) Failure to Engage in the Interactive Process; (9) Failure to Provide Reasonable Accommodation; and (10) Sick Leave Retaliation/Labor Code § 233. The Complaint g...

Excerpt: ...ed in their entirety; (3) Plaintiff's six evidentiary objections to paragraphs 5 and 7‐9 of the Declaration of Jason Dalton are Overruled in their entirety; 2 (4) Plaintiff's four evidentiary objections to the Deposition testimony of Laureano Alvarado are Overruled in their entirety; (5) Plaintiff's six evidentiary objections to the Deposition testimony of Deonna Floyd are Overruled in their entirety; (6) Plaintiff's evidentiary objection to 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: ...ial. Plaintiff must address: (1) the reasonable probability it will prevail on the merits at trial, and (2) whether the harm to it from refusal to grant a preliminary injunction outweighs the harm to Defendant from the imposition of the preliminary injunction. Also, Plaintiff's supporting evidence is defective. Allegations declared to be true on “information and belief” will typically not support an injunction. (Riviello v. Journeymen Barbers...

Excerpt: ...action was arguably meritorious, the legal conclusion is that the party's motive was probably not solely to harass or cause unnecessary delay, Page 2 of 6 such that sanctions are not warranted. (Bach v. McNelis (1989) 207 Cal.App.3d 852, 876.) Under section 128.7, a court may impose sanctions if it concludes a pleading was filed for an improper purpose or was indisputably without merit, either legally or factually. [Citation.] Here, the court did...

Excerpt: ...response. (Code Civ. Proc., §§ 2031.310, subd. (c), 2016.050; see Sperber v. Robinson (1994) 26 Cal.App.4th 736, 745.) The 45‐ day time limit is mandatory and “jurisdictional” such that the Court has no authority to grant a late motion. (Sexton v. Sup.Ct. (Mullikin Med. Ctr.) (1997) 58 Cal.App.4th 1403, 1410 [late‐filed motion to compel must be denied where objection raised at hearing even if omitted in opposition papers].) However, the...

Excerpt: ...quested documents. Procedurally, the motion shall establish good cause justifying the production of the inspection of the demanded documents and shall be accompanied by a meet and confer declaration, or, where the individual failed to appear and produce requested documents, a declaration stating that the individual was contacted for inquiry about the non‐appearance. (Code Civ. Proc., §2025.450, subd. (b).) If a deponent fails to answer any que...

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: ...efore unfairly prejudice the defendants with respect to the Page 2 of 2 CVS26073021 claims of other plaintiffs who do not claim corruption, although the City, as the moving party, is apparently unconcerned about that. Nevertheless, the differing motivations attributed to the City could be challenging for the trier of fact to parse. Some plaintiffs have demanded jury trials, while others have not. If the cases are tried together, with the jury sit...

Excerpt: ...ived by the petitioner, (b) Ground exists for the revocation of the agreement, or (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. The party may also seek a stay of pending litigation either by itself or in conjunction w...

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: ... 997; and, American Drug Stores, Inc. v. Stroh (1992) Cal.App.4th 1446, 1453); (2) Defendants' evidentiary objections to the Declaration of Raymond Babaian are Overruled in their entirety; (3) Defendants' evidentiary objections to Plaintiff's Exhibits 1‐3, 4, 6, 11‐13, 22, 24‐27 and 29‐30 are Overruled in their entirety; (4) Defendants' procedural and evidentiary objections to Plaintiff's Separate Statement of disputed facts are Overruled...

Excerpt: ...on as reasonably practical once the necessity for the continuance is discovered.” (Cal. Rules Page 2 of 14 of Court, rule 3.1332(b); see Super. Ct. San Bernardino, Local Rules, rule 418 [“The Court adopts California Rule of Court, rule 3.1332, with respect to requests for continuances”]; Reales Investment, LLC v. Johnson (2020) 55 Cal.App.5th 463, 468.) “Although continuances of trials are disfavored, each request for a continuance must b...

Excerpt: ... Cal.3d 920, 939.) If a motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend; and, where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error, but an abuse of discretion. (Morgan v. Superior Court (1959) 172 Cal.App.2d 527, 530.) Thus, the policy to allow amendm...

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: ...igures may differ from the estimates if the court adjusts the amounts of other deductions from the gross settlement funds.) Counsel has provided an estimate for the Snow fund, although the figure seems too low. The court has not located estimates for the other two settlements. Page 2 of 2 CVS26073021 2. Counsel should provide the number of aggrieved employees for each settlement fund (insofar as the number differs from the number of class members...

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: ...ise to the cause of action. (In re Automobile Antitrust Cases I and II (2005) 135 Cal.App.4th 100, 108‐09; Integral Development Corp. v. Helmut Weissenbach (2002) 99 Cal.App.4th 576, 583‐84.) The plaintiff bears the initial burden of “demonstrating facts by a preponderance of the evidence justifying the exercise of jurisdiction in California.” (In re Automobile Antitrust Cases, supra, 135 Cal.App.4th at p. 110.) The necessary facts are by...

Excerpt: ...e, however, was the request for dismissal filed by Helaire on April 20, 2021, purporting to have the case dismissed as to her without prejudice. That request for dismissal, which the clerk acted on and entered the dismissal on the same date, does not comport with the orders made by the court on April 9, 2021. The transcript from that hearing (Exb. C to the request for judicial notice) demonstrates clearly and unambiguously, that the dismissal was...

Excerpt: ...were due, Akbar Razavi Sayed Razavi served verified supplemental responses to all the discovery responses. Therefore, the motions are moot except with respect to the issue of monetary sanctions. For purposes of evaluating the request for sanctions only, the following rulings are those that would have applied to the original responses had verified supplemental responses not been served. The court has not considered the supplemental responses. The ...

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: ...iced hearing.… ‘The hearing may be held either on the motion of the representative to certify the case as a class action; or, on motion by the party opposing the class to dismiss the class action allegations; or, by the court on its own motion....'”].) Thus it is entirely proper for a defendant to bring a motion to deny class certification. This motion, however, fails to demonstrate through admissible evidence why any necessary element for ...

Excerpt: ...the order, and the court respects counsel's right to disagree, nothing about the order needs clarification. It appears the moving parties do Page 2 of 2 not want the order clarified; they want it changed. The moving parties are asking the court to reconsider its prior ruling based on the arguments presented and to modify the ruling accordingly. This is a motion for reconsideration, notwithstanding the title. A motion for reconsideration must: (1)...

Excerpt: ...ts entered into a five‐year Lease agreement. The agreement called for a monthly rental payment of Page 2 of 10 $5,000. After expiration of the Lease, the Plaintiff and Defendants agreed to a month‐tomonth tenancy beginning August 1, 2020. Rent was increased to $7,500 as of December 1, 2020, and then $8,257.71 effective January 1, 2021. On February 26, 2021, a 30‐Day Notice to Vacate was served on Defendants by certified mail addressed to De...

Excerpt: ... Harassment; (3) Age Discrimination; (4) Sexual Harassment in Violation of FEHA; (5) Failure to Accommodate Disability; (6) Failure to Engage in the Interactive Process of Accommodation of a Disability; (7) Failure to Prevent Discrimination and Harassment in Violation of FEHA; (8) Failure to Correct and Remedy Discrimination and Harassment; (9) Wrongful Termination; (10) Retaliation for Engaging in Protected Activity; (11) Hostile Work Environmen...

Excerpt: ...issue of fact precluding summary judgment. While Defendants make much of Plaintiff seeing no liquid or food and no food or liquid being on the floor, Plaintiff does contend she slipped on a slippery substance. She has also created an issue of fact as to how long the condition existed due to Defendants not having a sweeping protocol as testified to by Makridis (See, PAF, #2‐7). As stated in Ortega v. Kmart Corp.(2001) 26 Cal.4th 1200 at 1203: Th...

Excerpt: ...ing the content of a discovery request or the responses to such a request must be accompanied by a separate statement”, specifically including a motion “[f]or issue or evidentiary sanctions.” (Cal. Rules of Court, rule 3.1345(a)(7).) The court has Page 2 of 3 discretionary power to deny a discovery motion based on lack of a compliant separate statement. (Mills v. U.S. Bank (2008) 166 Cal.App.4th 871, 893.) Defendant does not note this defic...

Excerpt: ...n. (See In re A.C. (2017) 13 Cal.App.5th 661, 672‐673 [When a party “fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived”]; see Provost v. Regents of University of Cal. (2011) 201 Cal.App.4th 1289, 1300 [Where a party failed to provide any reasoned legal analysis or authority to support a position, they are forfeited].) It is also no excuse that Plaint...

Excerpt: ...o the Complaint, Plaintiff worked for TRC railroad from 1981 to 1994 as a brakeman and conductor. During his career with TRC railroad and while working in TRC's yards, buildings and along its right of way, Plaintiff was exposed to various toxic substances and carcinogens including, but not limited to, diesel fuels/exhaust, benzene, creosote, and rock/mineral dust and fibers. Plaintiff's exposure to such toxic substances caused or contributed to h...

Excerpt: ...etween the protected activity and the employer's action. (Mokler v. County of Orange (2007) 157 Cal.App.4th 121, 138.) Plaintiffs specifically allege a violation of Subdivision (b) of Labor Code section 1102.5, which provides: An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a...

Excerpt: ...their home when an unprotected water line was punctured by a nail. The original complaint alleged a single cause of action for products liability. Page 2 of 40 Ryland answered and cross‐complained against Roes 1‐50, alleging 10 causes of action: (1) breach of contract; (2) express indemnity; (3) implied indemnity; (4) equitable indemnity; (5) comparative negligence and contribution; (6) breach of implied warranties; (7) breach of express warr...

Excerpt: ...f Government Code section 12940; (5) failure to prevent discrimination and harassment in violation of Government Code section 12940; (6) retaliation in violation of Government Code section 12940; and (7) declaratory and injunctive relief. Wise alleges she was employed by Zeiss until her termination on January 13, 2020. She alleges she was terminated in retaliation for her complaints and opposition to unlawful discrimination by Parks. During her e...

Excerpt: ...laintiff's payments and sent a reinstatement demand of $25,920.98, even though Plaintiff made all payments under the modification agreement. On February 19, 2019, Chase recorded a Notice of Default and refused to accept Plaintiff's payments. As a result, Plaintiff lost a tenant. Plaintiff alleges she remains ready, willing, and able to tender payments as required under the parties' agreements. (Compl. ¶¶ 6‐29.) Plaintiff alleges the following...

Excerpt: ...Malan (Doe 4) as Defendants. On January 19, 2021, Plaintiff filed a Request for Dismissal, without prejudice, as to Defendant Katherine O'Neill. On April 26, 2021, Defendants Barstow Unified School District, James Davis, Amy McDonald, Jeff Malan and Scott Godfrey filed a Motion for Summary Judgment, with a hearing date of July 7, 2021. On June 16, 2021, Plaintiff moved ex parte to dismiss Defendants' motion for summary judgment or, alternatively,...

Excerpt: ...hority for the stay of the PAGA claims pending arbitration of the related claims. When a trial court “has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before” the court, it “shall, upon motion of a party . . . stay the action of proceeding until an arbitration is had in accordance with the order to arbitrate . . . .” (§ 1281.4.) “It is irrelevant under the statute whether the movant...

Excerpt: ... agreement. [Citations.] Only in limited circumstances may an arbitration agreement be enforced by nonsignatories. One such circumstance is where a benefit is conferred on the nonsignatory as a result of the agreement, making the nonsignatory a third party beneficiary of the arbitration agreement. [Citation.] Another is when the equitable estoppel doctrine applies and a nonsignatory is allowed to enforce an arbitration clause because the claims a...

Excerpt: ...mended Complaint (FAC) added Defendant Jane Weng. The FAC Page 2 of 10 pleads two causes of action: (1) breach of contract against Chien and (2) breach of the implied covenant against all. The FAC alleges on October 20, 2020, the Trust made an offer to purchase the Subject Property through its agent, Maryam Golbakhsh, to Chien through their broker/agent, Weng. Chien counter‐offered. The Trust accepted the counter‐ offer (¶¶10, 14, 16, 20‐...

Excerpt: ...) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CIVDS2019176 RULING ON PETITION FOR WRIT OF MANDATE: GRANTED Date: July 12, 2021 Time: 1:30 p.m. Dept: S‐26 ‐ 1 ‐ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Introduction Petitioner City of Hesperia (the “City”) seeks a writ of mandate to prevent Respondent Lake Arrowhead Community Services District (the “District”)1 from building a solar en...