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2022.11.09 Motion for Judgment on the Pleadings 487
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.09
Excerpt: ... mobile home (the “Home”) to AXTELL. Legal Standard. Code of Civil Procedure section 438, subdivision (b)(1) allows a party to move for judgment on the pleadings. A defendant may move for judgment on the pleadings if the court has no jurisdiction of the subject of the cause of action alleged in the complaint or the complaint does not state facts sufficient to constitute a cause of action against that defendant. (Code Civ. Proc., § 438, subd....
2022.11.04 Motion for Final Approval of Class Settlement 263
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.11.04
Excerpt: ...cated for a settlement administrator fee, and the $15,000.00 to be allocated for a PAGA payment. The court allocates $150,750.00, which is 25% of the gross settlement amount, for attorneys' fees. Based on the records submitted, the court finds this amount to be appropriate under the common fund doctrine and the lodestar multiplier method. The court notes that although there was some risk involved, the litigation was not extensive or complex. The ...
2022.10.04 Motion to Set Aside Mandatory Settlement Conference or to Allow Remote Attendance 304
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.10.04
Excerpt: ...e, the other side will not engage in good faith settlement and will not offer any viable settlement alternatives. Furthermore, plaintiff indicates personal attendance at a mandatory settlement conference represents a significant burden and expense to plaintiff. In fact, it appears to be plaintiff who is not proceeding in good faith. Pursuant to CRC §3.1380(b): [All] “Trial counsel, parties, and persons with full authority to settle the case mu...
2022.09.30 Demurrer 260
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.30
Excerpt: ...ate (3d ed. 1989) § 6:1, pp. 2‐3 (rev. 9/00); see Fin. Code, § 17003, subd. (a).) An escrow holder is an agent and fiduciary of the parties to the escrow. (Amen v. Merced County Title Co. (1962) 58 Cal.2d 528, 534 [25 Cal.Rptr. 65, 375 P.2d 33] (Amen); Rianda v. San Benito Title Guar. Co. (1950) 35 Cal.2d 170, 173 [217 P.2d 25].) The agency created by the escrow is limited ‐limited to the obligation of the escrow holder to carry out the ins...
2022.09.16 Demurrer 309
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.16
Excerpt: ...is that the defendant's alleged wrongful conduct must be wrongful independent of its interfering character such that it is proscribed by some constitutional, statutory, regulatory, common law, or some other determinable legal standard. (Edwards v. Arthur Andersen, LLP (2008) 44 Cal.4th 937, 944; Korea Supply Co. v. Lockheed Martin Corp.(2003) 29 Cal.4th 1134, 1153‐1154; Della Penna v. Toyota Motor Sales, U.S.A. (1995) 11 Cal.4th 376, 392‐393....
2022.09.13 Motion for Relief from Deemed Admissions, for Judgment on the Pleadings 623
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.13
Excerpt: ...issions controvert her answer and establish that there is no defense to the complaint. Relief from Deemed Admissions. Code of Civil Procedure section 2033.300 permits a party to withdraw or amend an admission made in response to a request for admission if it obtains leave of court, which is only to be granted if the court determines that the admission was the result of mistake, inadvertence, or excusable neglect and the party that obtained the ad...
2022.09.06 Motion to Consolidate, for Summary Judgment, Adjudication 872
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.06
Excerpt: ...llejo's motion for summary judgment or, in the alternative, summary adjudication is denied. The court overrules objections 3, 6, 9 and 10 to the declarations presented by Defendant County of Solano in support of its opposition. In order to state a cause of action for dangerous condition of public property, a plaintiff must establish: 1) the property owned or controlled by the public entity was in a dangerous condition at the time of the injury, 2...
2022.09.06 Motion to Compel Further Responses 487
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.09.06
Excerpt: ...Interrogatories‐‐General Nos. 12.1; 12.2; 12.6 and 15.1; to Form Interrogatories—Employment Law Nos. 201.1(d); 201.5; 201.6; 209.2; 215.1; 215.2 and 216.1; and to Requests for Production 6; 13‐15; 19; 21; 23; 28; 29‐35; 40‐43; 46‐47; and 48. The court declines to compel further responses to Requests 44 and 45, as both are too general and overbroad. SUNDT's further responses shall be verified, and shall also be without objections, ex...
2022.08.16 Application for Preliminary Injunction 404
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.16
Excerpt: ...ertainable amount of money damages for the breach of monthly payment obligations from an agreement to purchase Plaintiffs' property. (Complaint, ¶¶ 11, 15.) Injunctive relief is not available for breach of contract unless it appears that monetary relief would not afford an adequate remedy or that it would be extremely difficult to ascertain the amount of damages. (Pac. Decision Scis. Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1110; Th...
2022.08.05 Motion for Summary Judgment 104
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.05
Excerpt: ...f the order sustaining the demurrer, they have not shown that they are likely to succeed in obtaining reconsideration of the order that would result in a ruling overruling the demurrer. Motion for Summary Judgment/Adjudication Defendant City of Vallejo's unopposed motion for summary judgment is granted. Plaintiffs filed non‐opposition, essentially conceding the merits of the motion. Not only is Plaintiffs' failure to comply with the requirement...
2022.08.02 Motion to Compel IME 299
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.02
Excerpt: ...Plaintiff to submit, to a mental examination, by Dr. Rachyll Dempsey, Psy. D., California Board Certified and licensed clinical psychologist. If the notice of motion and other motion papers provide the correct legal basis for the court to make its ruling, the court can grant it, even if the title of the motion is inaccurate. Austin v. Los Angeles Unified School Dist. (2016) 244 Cal. App. 4th 918 [court could consider a request for relief based on...
2022.08.02 Motion for Leave to File SAC 090
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.08.02
Excerpt: ...d proceedings are therefore limited to those specified in the reviewing court's directions, and if the reviewing court does not direct the trial court to take a particular action or make a particular determination, the trial court is not authorized to do so.” (Ayyad v. Sprint Spectrum, L.P. (2012) 210 Cal.App.4th 851, 859‐860.) The proposed amended complaint continues to seek to expand the action beyond the scope of the court's jurisdiction. ...
2022.07.13 Motion for Final Approval of Class Action Settlement 707
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.13
Excerpt: ...ed Plaintiffs' evidentiary submissions and having weighed all relevant factors, class counsel shall be awarded reasonable attorneys' fees of $372,736, which represents the full lodestar amount for the 532.4 hours of attorney and legal assistant time claimed, with the remainder to revert to the common fund. The lodestar amount already incorporates inflated hourly rates for counsel far in excess of prevailing rates for attorneys in Solano County, s...
2022.07.12 Motion to Strike 974
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.12
Excerpt: ...lin v. Nat'l Convenience Stores, Inc. (1979) 95 Cal.App.3d 279, 285‐286; see, Food Pro Int'l, Inc. v. Farmers Ins. Exch. (2008) 169 Cal.App.4th 976, 994 [mere carelessness or ignorance does not justify punitive damages].) Conscious disregard alone is no longer sufficient to establish malice and an award of punitive damages requires either the intent to harm the plaintiff or both willful and despicable conduct. (Johnson & Johnson Talcum Powder C...
2022.07.08 Demurrer to FAC 300
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.08
Excerpt: ... plaintiff alleging substantial compliance must therefore allege timely actual receipt of the claim by that public entity. Section 915(a)(1) reflects the Legislature's intent to precisely identify those who may receive claims on behalf of a local public entity. Section 915(e)(1) reflects the Legislature's intent that a misdirected claim will satisfy the presentation requirement if the claim is “actually received” by a statutorily designated r...
2022.07.05 Motion to Compel Answers 134
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.05
Excerpt: ...of Service (4/28/22).) A notice that fails to specify when it is to be heard is fatally defective. (Bohn v. Bohn (1913) 164 Cal. 532, 536‐537; Galleria Plus, Inc. v. Hanmi Bank (2009) 179 Cal.App.4th 535, 538.) If a party does not serve a notice that complies with the requirements of Code of Civil Procedure section 1010 within 60 days of the completion of the record of the deposition, the motion is untimely. (Weinstein v. Blumberg (2018) 25 Cal...
2022.07.05 Motion for Attorney Fees 009
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.05
Excerpt: ...ure Section 473(b) reads (in pertinent part): “…Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which wi...
2022.07.01 Motion to Quash Civil Subpoena Duces Tecum, for Sanctions 355
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.01
Excerpt: ...on. When the personal records of a consumer are sought, notice to the consumer must also be served. C.C.P. §1985.3(e). A consumer is broadly defined, to include any individual. C.C.P. §1985.3(a)(2). This gives that person “a chance to seek appropriate orders protecting the privacy of such records”. Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, §8:566, p. 8E‐54. C.C.P. §1985.3(a) defines “personal records” to include r...
2022.07.01 Demurrer 730
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.07.01
Excerpt: ...se guests whose “coordination and judgment have been adversely affected by the consumption of alcohol.” (Allen v. Liberman (2014) 227 Cal.App.4th 46, 55, emphasis added.) Plaintiff continues to allege that Defendant, a minor, invited other minors to her home where alcohol was served and Plaintiff became intoxicated. (SAC, ¶¶ 10‐12.) Plaintiff continues to allege that Defendant failed to protect her from the risk of harm caused by the cons...
2022.06.28 Motion to Quash 012
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.06.28
Excerpt: ..., 893 [motion may be denied for noncompliance with requirement of separate statement].) Even if the court considered the merits of the motion, it would be denied. Plaintiff has not demonstrated that the records sought from Deponent Cayton are “personal records” of a “consumer” as defined by Code of Civil Procedure section 1985.3(a) and therefore has not established that the deposition notice was untimely when served more than 10 days prio...
2022.06.10 Motion to Compel Further Responses 758
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.06.10
Excerpt: ...essary to understand the requests. The requests are neither vague nor ambiguous. Nonetheless, Defendant is allowed to assert that it does not have sufficient information to admit or deny a request for admission despite a reasonable inquiry, as it has for request number 23. Because Defendant's objections are not meritorious, its responses to subdivisions (b) and (c) of form interrogatory 17.1 are evasive or incomplete. Defendant's answers to subdi...
2022.06.07 Demurrer, Motion to Strike 420
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.06.07
Excerpt: ... failure to engage in the interactive process under the Fair Employment and Housing Act (the “FEHA”). CDCR additionally moves to strike portions of the complaint pertaining to conduct allegedly occurring prior to September 20, 2019, as well as the complaint's prayer for prejudgment interest. Request for Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). Def...
2022.05.31 Motion for Attorney Fees 006
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.31
Excerpt: ...prevailing party” as used in Code of Civil Procedure section 1032 and it is insufficient to simply show that the plaintiff achieved a net monetary recovery. (Duff v. Jaguar Land Rover N. Am., LLC (2022) 74 Cal.App.5th 491, 504‐505; MacQuiddy v. Mercedes‐Benz USA, LLC (2015) 233 Cal.App.4th 1036, 1047.) Instead, this court must “take a pragmatic approach to determine which party has prevailed” and “determine which party succeeded on a ...
2022.05.24 Demurrer 018
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.24
Excerpt: ...et her burden of showing “in what manner [s]he can amend h[er] complaint and how that amendment will change the legal effect of h[er] pleading” as to any of the causes of action. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349; Cooper v. Equity Gen. Ins. (1990) 219 Cal.App.3d 1252, 1263‐1264; McMartin v. Childrens' Inst. Int'l (1989) 212 Cal.App.3d 1393, 1408.) ...
2022.05.13 Motion for Preliminary Approval of Class Action Settlement 544
Location: Solano
Judge: Gizzi, Stephen
Hearing Date: 2022.05.13
Excerpt: ...ent amount to be fair and reasonable, and not the result of collusion, preferential treatment or conflicts of interest. The proposed PAGA payment and settlement administration costs also appear reasonable. The Motion is GRANTED subject to the following: 4) Based on the information currently before the Court, the requested attorney fees appear to be excessive. Locally, the range of 25% of gross settlement for attorney fees is the norm, absent extr...

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