On May 02, 2019 a
Hearing
was filed
involving a dispute between
Green, Gary,
Tennison, Pamela,
and
Cueto, Eugenia,
Dixon, Patricia,
Green, Bryan,
Life Generations Healthcare, Llc,
Singh, Rachandeep, Md,
for Other Tort (Non-Personal Injury): Unlimited
in the District Court of Stanislaus County.
Preview
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I)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
LIFE GENERATIONS-HEALTHCARE
PAMELA TENNISON, et a1. LL01 at al;
_ VS.
P1aintiff(s) Defendant(s)
NATURE.OF.HEARING: a) Defendant Life Generations HealthcareiLLC’s
Motion for Summary Judgment 0: Alternatively, Summary Adjudication;
b) Elaintiff's Motion for Leave to File Second Amended.Complaint with
Punitive'Damages
CASE N05: CV*19*002528
JUDGE: SONNY s. SANDHU Bailiff: Legatos- Date: 04/09/2021
Clerk: A! Segundo Repqrter: A- Meza. .Modesto, California
APPEARANCES: »
Plaintiffis are preSGnt by Marcel Stewart, ESqw (via VCourt).
Defendant LIFE GENERATIONS HEALTHCARE’LLC is present by.KeVin Eng, Esg.
(via VCourt).
Case is regularly called.for hearing;
Defendant’s Counsel presents oral arguments as to motion a)-
Plaintiffs’ Counsel presents Oral arguments as to-motion a).
Both Counsel present oral.reply arguments-as to motiOn a).
The.Court references additional case law re£=motion a), as stated on
the-record.
Defendantfls CoUnSel presents.oral arguments as to motidn b).
Plaintiffs' Counsel presents oral arguments as to motion b).
The-CoUrt-does find there is evidence of corporate liability, as
stated on the record.
Thene being a HEARING REQUESTED=by Defendant LIFE GENERATIONS
HEALTHCARE LLC’s Counsel as to both motions and'uponmconcluSion.of
oral arguments the COUrt hereby confirms its tentative rulings as to
both motions as follows:
IT IS SO ORDERED:
MINUTE ORDER
a) Defendant Life Generations Healthcare LBG’S Motibn,£br.summary
Judgment qr Alternatively,-Summary Adjudication —-DENIED: b)
Plaintiff’s.Motion for Leave to File second-AmendedfiCOmplaint with
_Punitive Damages —-GRANTED.
(ayThe Court.£inds that.Defendafit+ as.the.moving=party;.has
established a phima.£acie showing ofuentitlement to judgment against
Plaintiffs as a matter of'law. The burden then shifts tohPiaintififs
to prQdUce admissible evidence demonstrating the-existence-df a
triable.i3sue of material fact. (Gods Civ. Proc. §437c4pi(2).) The
Conrt iinds that Plaintiffs have'met their burden.in this regard and
have.demonstrated the.existence of material.factual dispfites. (see,
at a minimum, Plaintiffs'-evidence in response to UMFS 45e55.)
With regard to evidentiary-objeetions, the Court notes that
Plaintiffs' objections to DefendantTSKmOVing evidence weré_n9t
Submitted.in the fiofmat required by Cali Rules of Ct., Rule.3n1354;
therefore, the court declines to rule on the objections. (HOdjat V.
State:Earm Mhtual.Automobiie Go. (2012) Zll-Cal.App.4th 1.3
Defiendant's objections to the declarations smeitted by Plaintiffs
are'OVERRULED-
Lastlyr Plaintiffis' counsel is cautioned with negard to the
requirements of Calu'Rules of Ct., rule 331350 regarding the.format
of the opposing party's response to-the separate statemehtm
PlaintifES' response herein.did not complyl-as it failed'to
unequivocally indicate'whether the facts set fibrth by Defendant were
disputed-or undisputed, and it failed to identify'the.nature-of the
-disputé,'Where applioable;.While-the-Court was able.to identify
seVeral disputed materiai.faCtSUbased'on.the.nature.of the opposing
evidence.herein, counsel is cautioned to observe these-requirements
in the future.
Lb) The COurt finds that Plaintiffs have-sufficiently demonstrated
grounds fior the pnoposed amendment. $he:COUrt has.broéd1dis¢netion
.in this.area and there iS'a strang policy in.favor of liberal
allowance of amendments. (Code=Civ. Proc. §§4734a)(1), 576.)
Therefore, Plaintififs shall be-permitted to file-the Second Amended
Complaint within 20 days-
1: IS.EURTHER ORDERED:
Both CounSel stipulate to continue the Case Management Cpnferehcd
currentry set on May 3, 2021.
'Ehe-Case.Managemént.Confierence on May 3,LZUZL is hereby VACAEED and:
MINUTE ORDER
RE—SET to August 23, 2021 at 8:30 a;m, in Department 24;
Timely filed Case Management Conference Statements ane required.
MINUTE ORDER
Document Filed Date
April 09, 2021
Case Filing Date
May 02, 2019
Category
Other Tort (Non-Personal Injury): Unlimited
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