Judge Kira L. Klatchko: Comprehensive Profile - Analytics, Rulings, and Recent Cases

All matters continued. Hearing date to be determined.

Grant as to the first cause of action for judicial enforcement of unilateral rescission under Civ. Code § 1689(b)(4), and as to Plaintiff’s request for judicial notice. Deny as to remaining causes of action. Defendant’s evidentiary objections 11-14, 17-22, and 31-32 are overruled; the remaining objections ...

By stipulation of the parties, this matter has been continued.

Sustain with 20 days leave to amend. The demurrer asserts that all causes of action against Roehl Transport Inc. and Roehl Leasing LLC are bared by the workers’ compensation exclusivity rule. With respect to these defendants, the form complaint alleges: “Roehl Leasing LLC, a Wisconsin limited liability com...

Moot as to items 1-6 based on stipulation of the parties; deny as to items 7- 11. The sub-rosa videos identified on the privilege log provided by Defendants are attorney work product. “Work product” includes material that evaluates or interprets the facts or the law, or reflects a party’s trial strategy, e...

No tentative ruling. A hearing will be conducted.

Grant. The proposed Third Amended Complaint alleges liability against defendants who are not currently parties to the litigation. Discovery is not yet complete in this case and Defendant Lopez has not shown that allowing the amendment will unduly prejudice him or cause unnecessary delay. (See Hirsa v. Supe...

Grant. The motion is unopposed. Responding party is ordered to serve verified answers without objections to the Form Interrogatories, Set One and Set A, and Special Interrogatories, Set One, and Requests for Production of Documents, Set One, within 30 days of service of notice. Responding party is further ...

Deny. Verified responses have been served by the guardian ad litem. Sanctions are not appropriate in this case given the difficulty the parties have had ascertaining Defendant’s mental capability, the need for a guardian ad litem, and more recently substitution into the case of a new defendant. The respons...

Deny. The motion was not timely filed. Moving party’s request for relief under Code of Civil Procedure section 473 is not properly asserted in a reply, and must be made upon a properly noticed motion or “application” to the Court for relief. (Code Civ. Proc., § 473(b).)

Deny in part; grant in part. Defendants state that all the documents under Category Nos. 1, 2, 4, 5, 6, 7, 8, and 9 that are “under the deponent’s control” have been provided. This response is code compliant. The parties did not have any agreement as to category 3 (bank records March 2013 – December 2017);...

Sustain with 20 days leave to amend. No opposition was filed. To withstand a demurrer the complaint must contain “a statement of the facts constituting the cause of action, in ordinary and concise language.” (Code Civ. Proc., § 425.10.) “[T]he complaint need only allege facts sufficient to state a cause of...

Grant. No opposition was filed. Responding party is ordered to serve further verified responses to the Form Interrogatories, Set One, within 30 days of service of notice (CCP § 2030.290). The responses to Interrogatory 15.1 are not Code compliant. Responding party is further ordered to pay attorney’s fees ...

Moot as to Requests 5, 6, 9, and 10; denied as to Requests 1, 2, 3, 4, 7, 8.

Defendant moves to strike paragraphs 81, 82, 89, 96, 101, 108, and portions of the prayer for the relief relating to exemplary, punitive, and “benefit of the bargain” damages. Code of Civil Procedure section 436, subdivisi...

Grant. No opposition was filed. Responding party is ordered to serve verified responses to the Demand for Production of Documents, Set One, without objections within 30 days of service of notice (CCP § 2031.310). Responding party is further ordered to pay attorney’s fees and costs to moving party in the am...

Overrule. Defendant Colonial Van Lines demurrers alleging that the first and second causes of action are uncertain. A demurrer on the ground of uncertainty will only be sustained where a defendant cannot reasonably determine what issues must be admitted or denied, or what claims are directed against them. ...

Grant. The motion is unopposed. Moving party has met its burden to demonstrate entitlement to judgment as a matter of law on all causes of action in the Complaint. The Loza Deposition and Cardenas declaration, offered in support of the motion, evidence that Plaintiff’s bicycle ran into the side of the City...

Grant. No opposition was filed. Responding party is ordered to serve verified answers without objections to the Form Interrogatories, Set One, within 30 days of service of notice (CCP § 2030.290). Responding party is further ordered to pay attorney’s fees and costs to moving party in the amount of $610.00 ...

On the Court’s own motion, this matter is continued to September 17, 2021 at 8:30 a.m. On the same day, and at the same time, the Court also sets an Order to Show Cause as to why moving Defendant Desert Aids Project or its counsel should not be sanctioned in an amount up to $1500 for violating Local Rule 3...

The motion is granted with respect to Defendant’s Standard Operating Procedures only. The Court will adopt the Proposed Order lodged by Defendant on June 11, 2021 with the exception of paragraph 2, which impermissibly enlarges the scope of the Court’s prior orders. The Court also finds that neither party h...

On the Court’s own motion, this matter is continued to August 25, 2021 at 8:30 a.m., appearance via WebEx. Each party is invited to file with the Court and serve on opposing counsel on or before August 20, 2021 a supplemental memorandum of points and authorities of no more than 10 pages addressing: (1) Whe...

Deny. The motion does not meet the requirements under Code of Civil Procedure section 473, subdivision (b); the declaration submitted by moving party’s counsel does not allege that this case was dismissed as a result of his “mistake, inadvertence, surprise or neglect,” and does not explain the lengthy dela...

Overrule. The demurrer is premised on extrinsic facts that are disputed and outside the scope of the operative complaint. The Court grants the request for judicial notice as to the contractor’s license (Evid. Code., § 452(c)) but the significance of the license and how it relates to this action is a factua...

On the Court’s own motion, this matter is continued to August 19, 2021 at 8:30 a.m. in this Department. On or before August 13, 2021, Plaintiff is ordered to file with the Court and serve on opposing counsel a red-lined copy of the Fourth Amended Complaint, or other document showing a direct comparison bet...