Judge Valerie R. Chrissakis: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Plaintiff’s motion for summary adjudication of the affirmative defense of third-party liability is denied. The motion was based on defendant’s discovery responses from 2017 and February of 2018, which only addressed the comparative negligence of deceased driver Felipe Maravilla. Plaintiff contends this was...

Defendants’ motion to compel further verified responses to Special Interrogatories ##20, 22, 24-29 is granted. The attorney-client and work product objections are overruled. The questions are relevant to defendant’s statute of limitations defense and the reasonableness of plaintiff’s alleged delayed discov...

Ingram v. California Correctional Health Care Services                 Case No. 16C0302
Specially appearing CCHCS’s motion to quash service on the three Does, alleged to be
employees of CCFCS is granted. Proper service requires that a summons include the names of the parties to the action. (CCP §412....

County’s motion for summary judgment is granted. The County presented evidence through the declarations of county employees that guidelines for the acceptance of applicants to the Resource Family Approval program did not require drug screening. No   screening as undertaken by County in connection with the ...

Petitioner’s motion to correct the arbitration award by deleting the finding that a 2005 Agreement was violated with regard to the supervision of the inmate and causals work crew performing concrete work at Avenal State Prison in 2015-2016 is granted. (Code Civ. Proc. §§1285; 1286.2 (a)(4); 1286.6, subd. (...

The motion filed by E&P Concrete Construction Inc. to determine its settlement to be in good faith is granted.

The application is granted.

No opposition has been filed.  Proper notice of motion was given. The motion for a second IME is granted for good cause shown.

The court sustains the objection to the deposition excerpt from Officer Gillum. The officer expressed his opinion that the accident was caused by Rodriguez’s intoxication and the unsafe movements of Rodriguez’s vehicle. The court sustains the objection that the opinion was based on hearsay and was without ...

Everest’s motion for leave to file a cross-complaint for equitable reimbursement, contribution and indemnity against the named defendants is granted. The court finds persuasive Everest’s position that the motion to file this cross-complaint was not unduly delayed to the prejudice to Travelers. Everest’s mo...

In re matter of Preston Junior Bush                    Case No. 18P0099
The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of ...

In re matter of Preston Junior Bush                    Case No. 18P0099
The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of ...

The demurrer to the second cause of action for violation of statute is sustained without leave to amend.  Negligence per se is not a separate cause of action, but an application of an evidentiary presumption. (CACI 418; Evid. Code §669, subd. (a ).) The demurrer to the third for gross negligence is sustain...

Petitioner’s objection to respondent’s request to present testimony from 4 persons ( Blair, Venegas, Jesus Garcia (respondent’s expert) and Respondent Lee) is sustained. Under Local Rule of Court, rule 308 ( G), unless the court exercises its discretion otherwise, the evidence to be presented at the hearin...

Defendant has failed to submit declarations to support the burden objection to the request for production of documents. (West Pico Furniture Co v Superior Court (1961) 56 Cal.2d 407, 417 [The objection based upon burden must be sustained by evidence showing  the quantum of work required, while to suppo...

Harry Meyers v. H. Garcia DEMURRER TO FIRST AMENDED COMPLAINT
Case No. 18C0121
Defendants assert that they are immune from liability for the claims set forth in the First Amended Complaint (FAC) under California Government Code Section 845.6. They also argue that: (1) violation of an operating proced...

The objection to paragraph 2 of the Kaplan declaration is sustained on the basis of lack of foundation and lack of personal knowledge.

The motion to compel arbitration of the personnel disputes alleged in the complaint and to stay the action pending completion of arbitration is granted. The defenda...

                    
Plaintiff counsel’s motion to withdraw as counsel is ordered off calendar. No proof of service of this motion has been filed to date. The motion contends that the client cannot be located. However, a motion to withdraw is also required to be served on all parties who have appeared ...

18 CV0082 Tentative Ruling for D-8, J. Chrissakis                Holt v Vanaman

HEARING ON PETITION RE GOVERNMENT CODE 946.6

The petitioner’s request for relief from the claims filing requirements is denied. Petitioner has failed to set forth the facts underlying his assertion that his gove...

                                                               
PLAINTIFF’S EX PARTE APPLICATION FOR A TRO AND ISSUANCE OF AN OSC RE PRELIMINARY INJUNCTION
Appropriate notice of the ex parte application was given by Plaintiff. (CRC 3.1200 et. seq.)  If Defendant appears, has counsel, and wants to fi...

The court takes judicial notice of the documents submitted with the demurrer. Defendant’s demurrer to the complaint based on plaintiff’s failure to submit his dispute to binding arbitration is sustained. (Charles J Rounds Co v Joint Council of Teamsters (1971) 4 Cal.3d 888, 899 [demurrer may be based on fa...

Defendant’s motion to compel the deposition of Anna Z is denied. It was represented that Anna Z (mother and guardian ad litem to plaintiff minor Dani Z) agreed to have her deposition taken by notice to counsel, if her deposition was taken back to back with the minor plaintiff. Correspondence supports the a...

Case No. 18C0289
Mary J. Venegas, et. al. v. Holly Andrade Blair
MOTION FOR TRIAL SETTING PRECEDENCE
Grant the Motion for Precedence under California Code of Civil Procedure Section CCP 1062.3(b) and order the January 8, 2019 Case Management Conference in this case advanced to 8:15 a.m. on Novembe...

No opposition has been filed. Proper notice of motion was given to plaintiff counsel and counsel for defendant.  The motion to intervene and join Nationwide Ins. Co. is granted.
The complaint in intervention is to be filed within 10 days.