Excerpt: ...laintiff has the initial burden of showing the essential facts of jurisdiction, that is the facts requisite to an effective service. (Coulston v. Cooper (1966) 245 Cal.App.2d 866, 868; Dill v. Berquist Const. (1994) 24 Cal.App.4th 1426, 1439‐ 40.) This may be done through presentation of declarations, with opposing declarations received in response. (Aquila, Inc. v. Superior Court (2007) 148 Cal.App.4th 556, 568.) Furthermore, filing a proof of...

Excerpt: ...to Nex Ge n Electric LLC., is hereby stricken. To deny the request for entry of default against cross -defendant Nex Gen Electric LLC. Explanation: Motion to Strike Cross -Defendant's Answer to Cross -Complaint “[A] corporation, unlike a natural person, cannot represen t itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be repres...

Excerpt: ...Superior Court Case No. 23CECG01862 is designated as the lead case. Explanation: “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may or der all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a)....

Excerpt: ... to the Fe deral Arbitration Act (“FAA”), A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (9 U.S.C., § 2.) The parties ap...

Excerpt: ... Logistics, LLC. SIO Logistics, LLC is directed to submit to the court a proposed judgment consistent with the summary judgment rulings within ten (10) days from the date of this order. Explanation: Summary Judgment/Adjudication Generally A trial court shall g rant summary judgment where there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., §437c, subd. (c); Schacter v. Ci...

Excerpt: ...n of two Court of Appeals cases presently before the First District Court of Appeals Case No. A16934, West Contra Costa Unified School District v. Superior Court, and the Second District Court of Appeals, Division 6, Case No. B334707, Roe #2 v. Superior Court. Both actions pending are petitions for writs of mandate.1 Defendant moves solely under the court's inherent authority to control its docket. (E.g., OTO, LLC v. Kho (2019) 8 Cal.5th 111, 14...

Excerpt: ...nt also requires certification of a preliminary settlement class. (Cal. Rules of Court, rule 3.769, subd. (d).) “If the court grants preliminary approval, its order must include the time, date, and place of the final approval hearing; the notice to be given to th e class; and any other matters deemed necessary for the proper conduct of a settlement hearing. (Cal. Rules of Court, Rule 3.769, subd. (e).) “If the court has certified the actio...

Excerpt: ...x) have dismissed most of the causes of action in their Complaint against defendant Martin McCubbin (McCubbin). One cause of action arising out of a bar fight caused by McCubbin in October 2022 remains for each plaintiff. For plaintiff Wilson, only the third ca use of action for assault and battery remains. For plaintiff Press Box, only the sixth cause of action for private nuisance remains. Meet and Confer Before filing their amended motion fo...

Excerpt: ... m e r 's Supplemental Declaration. The court did not consider paragraphs 2 and 3 for this motion. Merits A special motion to strike (“anti -SLAPP motion”) provides a procedural remedy to dismiss nonmeritorious litigation meant to chill the valid exercise of the con stitutional rights to petition or engage in free speech. (Code Civ. Proc., §425.16, subd. (a).) On January 11, 2024, this court granted, in part, defendant Harris' anti -SLAPP mo...

Excerpt: ...i xth, and eighth causes of action, with leave to amend. Plaintiff is granted 10 days' leave to file the First Amended Complaint, which will run from service by the clerk of the minute order. New allegations/language must be set in boldface type. To overrule the demurrer to the ninth cause of action. As to defendant North Anna Gardens Homeowners Association No. 4, to sustain the demurrer to the second, third and sixth causes of action, with leav...

Excerpt: ...., Inc. to The Barry Law Firm within 30 days of the clerk's service of this minute order. Toyota Motor Sales U.S.A., Inc.'s motion to strike the costs in its entirety is denied, but its alternative motion to tax costs is granted, in part, and denied, in part. E xplanation: Attorneys' Fees A prevailing consumer in an action under the Magnuson -Moss Warranty Act (“MMWA”) “may be allowed by the court to recover as part of the judgment a sum eq...

Excerpt: ...action has already been certified, the court need not address this issue. Settlement Approval “[I]n the final analysis it is the Court that bears the responsibility to ensure that the recovery represents a reasonable compromise, given the magnitude and apparent meri t of the claims being released, discounted by the risks and expenses of attempting to establish and collect on those claims by pursuing litigation. The court has a fiduciary resp...

Excerpt: ...Code of Ci vil Procedure section 2023.010(g) makes “[d]isobeying a court order to provide discovery” a “misuse of the discovery process,” and sanctions are only authorized to the extent permitted by each discovery procedure. Once a motion to compel a deposition is gr anted, failure to obey an order compelling attendance at deposition may result in more severe sanctions, including evidence, issue or terminating sanctions, or further moneta...

Excerpt: ...n to strike pursuant to this chapter, the moving party shall meet and confer in person, by telephone, or by video conference with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amen...

Excerpt: ...ring on this motion, the court intends to grant plaintiffs' motions to compel defendant Bains to serve verified responses to the form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one. The court also intends to grant the motion to deem defendant Bains to have admitted the truth of the matters in the requests for admissions, set one. The court also intends to grant monetary sanctions aga...

Excerpt: ...�led a First Amended Complaint (“FAC”) against defendants Evan Bazan, the Estate of John Zavala, and Estele Bazan regarding an auto collision that occurred on June 7, 2022. Defendant Evan Bazan (“Defendant”) moves to strike the prayer for punitive damages and the Exemp lary Damages Attachment to the FAC as improper.1 Pleadings are to be construed liberally with a view to substantial justice between the parties. (Code Civ. Proc. § 452.) T...

Excerpt: ...rayer ¶ 3) with leave to amend, but to otherwise deny the motion to strike. (Code Civ. Proc., § 436.) The time in which the complaint may be amended will run from service of the order y the clerk. All new allegations shall be in boldface type. Explanation: Demurrer Con tract causes of action Plaintiff owner of real property located at 24 Buena Vista Avenue, Fairfax, California, sues defendant Allstate Roofing Specialists, Inc., for damage to t...

Excerpt: ...at, “ [o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitra te the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petition...

Excerpt: ...plains that it is a delivery service based in Ontario, California, and that it makes local deliveries in California for clients such as codefendant Amazon Logistics, Inc. (Mot. at p. 1:13; Saini, Decl. ¶3.) LPL further explains that it employed plaintiff seasonally and di rected him to “pick up packages from the Amazon delivery location in Fresno, California, and deliver them locally.” (Ibid.) LPL preemptively contends that section 1 of the ...

Excerpt: ...s of Wild Water Adventure Park, owned and operated by defendant, Clovis Lakes Associates, LLC, dba Wild Water Adventures (“Clovis Lakes”). A cause of action for premises liability is governed by the same legal principles of negligence. (Pineda v. Ennabe (1998) 61 Ca l.App.4th 1403, 1407.) In order to prevail on a negligence cause of action, a plaintiff must prove duty, breach, proximate cause, and damages. Defendant Clovis Lakes moves for sum...

Excerpt: ... “The c ourt may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . . .” (Code Civ. Proc. § 473, subd. (a)(1); see also Code Civ. Proc. § 576.) Judicial policy favors resolution of cases on the merits, and thus t he court's discretion as to allowing amendments will usually be exercised in favor of permitting amendments. This policy is so strong, that denial of a request to amend is rarely ...

Excerpt: ... in which the complaint (second cause of action only) may be amended will run from service of the order by the clerk. All new allegations shall be in boldface type. Explanation: This is a medical negligence action arising out of a procedure performed on decedent Ju lia de la Cruz on 5/11/2020. The Complaint filed on 5/15/2023 alleges that decedent passed away on 5/13/2020 as a result of the negligence by defendant Fresno Ambulatory Surgery Cente...

Excerpt: ...any action or proceeding.” “‘Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” (Code Civ. Proc., § 1032, subd. (a)(4).) Here, plaintiffs were clearly the “prevailing party” in the litigation, as defen...

Excerpt: ...t the subpoenas seek confidential and private information, seek information that is not relevant or likely to lead to the discovery of admissible evidence, and the information sought is in the possession of the parties. Under Code of Civil Procedure section 19 87.1, “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an ...

Excerpt: ...Knight for an Order Compelling Initial Responses by Defendant Christopher S. Kelley on Form Interrogatories, Set One, and Special Interrogatories, Set One; and Request for Sanctions (4) by Plaintiff Amy L. Knight for Interlocutory Judgment To deny all of the disc overy motions. To deny the motion for interlocutory judgment, without prejudice. If oral argument is timely requested, such argument will be entertained on Friday, June 7, 2024, at 11:00...