Demurrer to Plaintiff's Complaint; Motion to Strike Punitive Damages
The Court further finds that Plaintiff is entitled to an award of monetary sanctions in connection with the instant motion. In that regard, the Court awards $675 in sanctions against defense counsel, payable to Plaintiff's counsel. (Code Civ. Proc. Sec.Sec. 2030.300(c); 2023.010, 2023.030, et seq.)
CV-26-001531 - GONZALEZ, MARGARITA GUTIERREZ vs CENTRAL VALLEY CARDIOVASCULAR MEDICAL GROUP INC - a) Defendant's Demurrer to Plaintiff's Complaint for Damages - SUSTAINED, with leave to amend. b) Defendant's Motin to Strike Punitive Damages - GRANTED, and unopposed.
a) The Court finds that the Complaint fails to state sufficient facts supporting the challenged 2nd and 3rd causes of action as against Defendant CVMG. (Code Civ. Proc. Sec. 430.10(e).) The Court will grant leave to amend in this instance, despite the fact that Plaintiff did not demonstrate how the pleading could be amended to survive demurrer. Plaintiff shall submit her amended pleading within 20 days.
b) The Court notes that Plaintiff does not oppose an order striking the challenged punitive damage allegations at this stage, subject to a future motion for leave to seek such damages.
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24:
CV-21-003250 - COLON, LUIS vs DDS DISCOUNTS - Defendant's Motion to Deem Admissions Admitted - GRANTED, and unopposed.
The Court finds that Defendant Zanders has failed to respond to the Requests for Admissions, Set One, served on him on November 6, 2023, by Defendant DD's Discounts. Defendant DD's Discount's motion is therefore granted. Accordingly, all objections to said Requests for Admissions by Defendant Zander are hereby waived. Code of Civil Procedure Sec.2033.280(a). Furthermore, said Requests for Admissions, Set One, are hereby deemed admitted in this matter for all purposes including trial. Civ. Proc. Code Sec.Sec. 2033.250(a), 2033.280 and 2033.410; St. Mary v. Superior Court (2014) 223 Cal.App.4th 762. DD's Discounts shall submit a Proposed Order that conforms with the court's ruling by July 24, 2026.
CV-23-002861 - THE PEOPLE OF THE STATE OF CALIFORNIA vs SANCHEZ, ROBERTO VIVEROS - Plaintiff's Motion to Continue Pursuant to Penal Code Section 1050 - DENIED, without prejudice.
The People do not demonstrate proof of service on Real Party in Interest Roberto Sanchez. Code of Civil Procedure Section 1005. Accordingly, the People's motion is denied, without prejudice. The People shall submit a Proposed Order conforming to the Court's ruling by July 24, 2026.
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CV-24-000847 - ORTIZ, ALEJANDRO vs CITY OF MODESTO - a) Plaintiff's Motion to Compel Further Responses to Requests for Production from the City of Modesto - GRANTED. b) Plaintiff's Motion to Compel Further Responses to Special Interrogatories from the City of Modesto - GRANTED.
a) Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Civ. Proc. Code Sec. 2017.010. In the absence of contrary court order, a civil litigant's right to discovery is broad. Williams v. Superior Ct. (2017) 3 Cal. 531.
Civ. Proc. Code Sec. 2031.210 provides that a party responding to discovery shall respond by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. (2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item. (3) An objection to the particular demand for inspection, copying, testing, or sampling.