ADVANCED RADIOLOGY AND INTERVENTIONAL ASSOCIATES INC vs EOH ACQUISITION GROUP LLC
Defendant's Motion to Quash Service of Summons for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss or Stay for Forum Non-Conveniens
Motion type
Parties
Ruling
The Court finds that Defendant has failed to respond to the subject discovery entirely and objections have been waived. (Code Civ. Proc. Sec. 2033.280(a).) Accordingly, the Court has no discretion but to grant Plaintiff's request. (Code Civ. Proc. Sec. 2033.280(c); St. Mary's v. Superior Court (Schellenberg) (2014) 223 Cal.App.4th 762, 777-778.). The matters contained in Request for Admissions, Set One, are deemed admitted. The Court will sign the proposed order submitted by Plaintiff.
CV-24-006869 - CARRILLO, FERNANDO, Jr vs GENERAL MOTORS LLC - a) Plaintiff's Motion for Attorney's Fees- CONTINUED, on the Court's own motion, to October 30, 2026 at 8:30 a.m. in Department 23. b) Defendant General Motors LLC's Motion to Tax Counsel's Memorandum of Costs - CONTINUED, on the Court's own motion, to October 30, 2026 at 8:30 a.m. in Department 23. a-b) CONTINUED, on the Court's own motion, to October 30, 2026 at 8:30 a.m. in Department 23.
The Court notes that counsel herein has substantial experience with these types of matters and is presumably well-acquainted with the law governing the determination of reasonable fees and expenses pursuant to the statute. Nevertheless, these types of fee and cost disputes are commonplace and appear to reflect a default pattern of refusing to compromise in favor of "trying their luck" before the court, thus wasting judicial resources in the hopes of obtaining a ruling favoring their side. The Court believes that the potential exists for the parties to informally resolve the issues presented herein if genuine efforts to meet and confer as to such issues are undertaken in good faith.
Therefore, the hearing is continued, as above, for that purpose, and the parties are ordered to meet and confer in person or by online video conference to discuss the issues herein. The parties are further ordered to submit a Joint Status Statement by October 20, 2026, describing their efforts to meet-and-confer and any resolution or narrowing of the issues they were able to achieve. The Court strongly encourages the parties to make genuine efforts to informally resolve their differences with due civility to one another.
Should counsel for the parties be unable to reach a reasonable compromise of any of the issues presented by the instant motion, the Court may require personal appearances at the time of the continued hearing to further address the issues herein.
CV-26-001740 - ESPINOZA, FELIX ANTONIO SIFONTES vs NORCAL CHICKEN INC - Defendant Nor-Cal Chicken, INC.'s Motion to Compel Arbitration and to Strike Class Claims - GRANTED. The Court finds that Defendant has demonstrated the existence of an agreement to arbitrate which encompasses the claims at issue herein. (Code Civ. Proc. Sec. 1281.2.) Further, the Court further finds that the subject agreement contains a valid delegation clause granting the arbitrator the exclusive authority to determine the issues of interpretation, applicability, and enforcement, which encompasses the unconscionability arguments raised by Plaintiff herein.(Aanderud v.
Superior Court (Vivint Solar Developer, LLC) (2017) 13 Cal.App.5th 880.) With regard to Plaintiff's challenge to the delegation clause, the Court finds that he has demonstrated, at most, a slight degree of procedural unconscionability attendant with the manner in which the onboarding process was presented by the employer. However, the Court finds no substantive unconscionability in connection with the delegation clause herein. Therefore, Plaintiff's challenge fails, and all remaining issues raised in the papers herein shall be submitted to the arbitrator.
All remaining proceedings are stayed pending completion of the arbitration. (Code Civ. Proc. Sec. 1281.4.)
CV-26-001848 - ADVANCED RADIOLOGY AND INTERVENTIONAL ASSOCIATES INC vs EOH ACQUISITION GROUP LLC - Defendant's Motion to Quash Service of Summons for Lack of Personal Jurisdiction, or in the Alternative, Motion to Dismiss or Stay for Forum Non-Conveniens - GRANTED. Although Plaintiff has presented evidence that Care Well transmitted radiology studies to ARIA, directed payments and communications to California, and maintained a contractual relationship with a California corporation, the controlling authorities establish that these factors are not sufficient to establish Defendant's purposeful availment of the subject forum for purposes of specific jurisdiction. (Aquila, Inc. v.
Superior Court (2007) 148 Cal.App.4th 556; Belmont Industries, Inc. v. Superior Court (1973) 31 Cal.App.3d 281.) The record reflects that the contract was governed by New Jersey law, required New Jersey-licensed physicians, concerned treatment of patients located in New Jersey, and contained no requirement that services be performed from California. The evidence presented shows that Care Well received radiology services for the benefit of its New Jersey hospital operations and New Jersey patients.
Plaintiff has not presented evidence showing that Care Well purposefully sought the benefits and protections of California law or otherwise created the type of substantial California connection discussed in Burger King Corp. v. Rudzewicz (1985) 471 U.S. 462. In view of the Court's findings, above, Defendant's alternative argument based on forum non conveniens is MOOT.
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24:
CV-23-001227 - CARSON HYBRID STORAGE ENERGY LLC vs TURLOCK IRRIGATION DISTRICT - Defendant's Motion to Strike Portions of Plaintiff's Third Amended Complaint -HEARING REQUIRED.
CV-25-008030 - THE PEOPLE OF THE STATE OF CALIFORNIA vs SOBERANES, MARIO FELIX - a) Plaintiff's Motion to Compel Response to Form Interrogatories, Set NO. One as to Ramon Feliz Soberanes - GRANTED, unopposed. b) Plaintiff's Motion to Compel Response to Request for Inspection of Documents and Tangible Things as to Ramon Felix Soberanes- GRANTED, unopposed. c) Plaintiff's Motion to Compel Response to Request for Admissions as to Ramon Felix Soberanes - GRANTED, unopposed.
a) The Court finds that Real Party in Interest Ramon Felix Soberanes has failed to timely respond to Petitioner's properly propounded Form Interrogatories, Set One served on said Real Party in Interest on March 5, 2026, or at all without substantial justification. The Court further finds that Petitioner is entitled to responses to said discovery. Code of Civ. Proc., Sec.Sec.2017.010, 2030.290(b). Accordingly, Petitioner's Motion is hereby granted. Any objections by said Real Party in Interest to said discovery are hereby waived.
Defendant is hereby ordered to provide verified, code compliant, objection free responses to said Form Interrogatories, Set One within thirty (30) days of the date of service of this order. CCP Sec.Sec.2030.290(a) and (b); 2031.300(a). Petitioner is directed to submit a new proposed order within five court days that correctly reflects the name of the judicial officer and that is consistent with this ruling.
b) The Court finds that Real Party in Interest Ramon Felix Soberanes failed to timely respond to Petitioner's properly propounded Request for Inspection of Documents, Set One, served on said Real Party in Interest on March 5, 2026, or at all without substantial justification. The Court further finds that Plaintiff is entitled to inspect all the requested documents and things listed in Petitioner's said Request for Production, Set One. Code of Civ. Proc., Sec.Sec.2017.010, 2031.300(a). Any objections by Real Party in Interest to said discovery are hereby waived.
Accordingly, Petitioner's motion is hereby granted. Said Real Party in interest is ordered to identify and produce all the requested documents and things therein stated without objection and to permit Petitioner's counsel to inspect and copy said documents and things within thirty (30) days of the date of service of this order. (Code of Civ. Proc. Sec. 2031.300(a) and (b)). Petitioner is directed to submit a new proposed order within five court days that correctly reflects the name of the judicial officer and that is consistent with this ruling.
c) The Court finds that Real Party in Interest Ramon Felix Soberanes failed to timely respond to Petitioner's Request for Admissions, Set One, propounded on said Real Party in Interest on March 3, 2025, or at all without substantial justification. Accordingly, Petitioner's motion is hereby granted. Therefore, any objection to said Requests for Admission, by said Real Party In Interest including one based on privilege or on the protection for work product are hereby waived and the genuineness of any documents and the truth of any matters specified in said Requests for Admissions are deemed admitted. Civ. Proc. Code Sec. 2033.280 (a).
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