Excerpt: ...hip Group (“Receiver”) was appointed to remediate the dangerous conditions on a temporary basis. The Receivership was made permanent on September 27, 2021. Respondents move for termination or discharge of receiver on the grounds that the conditions which gave rise to the Receivership have been abated, and that Respondents intend to sell the property and the Receiver unreasonably interfered with the sale. Respondents also seek surcharge of Rec...

Excerpt: ...ff has alleged a common count causes of action to collect on a debt. “The only essential allegations of a common count are ‘(1) the statement of indebtedness in a certain sum, (2) the consideration, i.e., goods sold, work done, etc., and (3) nonpayment.'” Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 460. The complaint contains a statement of the indebtedness, that money was loaned, that the there is an open book or account stat...

Excerpt: ...o “state facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente...

Excerpt: ...constitute a cause of action as required by CCP § 430.10(e), and that the action is barred by the statute of limitations pursuant to Govt. Code § 945.6(a)(1). Judicial Notice: Pursuant to Evid. Code § 452 the Court grants Defendant's request for judicial notice of the following as records of the Court: the Complaint filed November 20, 2020, the Amended Complaint filed September 29, 2021, the Claim filed by Marvin Baker, received by City of Sha...

Excerpt: ...quest is granted as to each of the nine exhibits per Evid. Code § 452(d) presented with the moving papers. Plaintiff's Request for Judicial Notice as to the estimated over one thousand (1,000) pages of documents presented with their Reply as Exhibit 1 is denied and the Court did not consider these documents. Meet and Confer. Prior to filing a motion seeking discovery, a party is required to meet and confer with the opposing party Plaintiffs have...

Excerpt: ...P § 436(a). The Court can also strike any part of a pleading that is not drawn or filed in conformity with California law. CCP § 436(b). Here, Defendant moves to strike Plaintiff's claim for attorney's fees. California generally follows the American Rule related to attorney's fees, which provides that each party ordinarily pays his or her own attorney's fees. Varney Entertainment Group, Inc. v. Avon Plastics, Inc. (2021) 61 Cal.App.5th 222, 229...

Excerpt: ...n an action, one or more affirmative defenses, one or more claims for damages, or one or more issues 4 of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or...

Excerpt: ...e facts sufficient to constitute a valid cause of action.” CCP § 430.10(e). A demurrer can be used to challenge defects that appear on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified ...

Excerpt: ...t pursuant to CCP §§ 598 and 1048(b). Merits of Motion: Pursuant to CCP § 1048(b) the Court may order a separate trial on any cause of action or issue in furtherance of convenience or to avoid prejudice or when separate trial will be conducive to expedition and economy. CCP § 598 also provides for bifurcation for the convenience of witnesses, the ends of justice or for the economy of efficient handling of the litigation. The objective of bifu...

Excerpt: ..., Inc. et al was filed on January 9, 2020. The Wade matter was filed under the Private Attorney Generals Act of 2004 (“PAGA”). The proposed settlement is $1,000,000. The breakdown of payments, costs, and fees from the proposed settlements are as follows: Total Settlement Amount $1,000,000 Proposed Attorneys' Fees (35%) ‐$350,000 Litigation Costs and Expenses ‐$25,004.46 Settlement Administration Costs ‐$18,000 PAGA Claim Settlement Allo...

Excerpt: ... Plaintiff also seeks $24,145.80 in costs and expenses against Lithia and GM jointly and severally. This matter settled and the Plaintiff was deemed to be the prevailing party entitled to attorney's fees upon motion. The issues are whether the attorney's fees are reasonable, and whether they should be apportioned between Defendants Lithia and General Motors. The Song‐Beverly Act contains a cost‐shifting provision that specifically allows prev...

Excerpt: ... on the face of the complaint or from matters that may be subject to judicial notice. Blank v. Kirwan (1985) 39 Cal. 3d 311, 318. The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” Hood v. Hacienda La Puente Unified School District (1998) 65 Cal.App.4th 435, 438. No matter how unlikely, a plaintiff's allegations must be accepted as true for the pur...

Excerpt: ...uded in this proof of service are the Notice, Application, and Declaration. CCP § 1005(a)(2) and (b) require that the moving papers be served at least sixteen court days in advance of the hearing and five days are added for mailing. Thus, a mailing date of August 10, 2022 provides timely notice for a hearing on September 12, 2022. CCP §512.060 provides that in order to obtain a claim and delivery writ of possession, Plaintiff must: 1) demonstra...

Excerpt: ...ts 1 and 9 of the First Amended Complaint. Counts 2‐8 are specifically directed to BLC, while Counts 1 and 9 do not specify which party they are direct to. Only Count 9 includes any allegation against SPI. SPI's briefing and Separate Statement of Undisputed Material Facts only address Counts 1 and 9. Therefore, the Court hereby considers summary adjudication of Counts 1 and 9 only. Evidentiary Objections: Defendant SPI's objects to Plaintiff's ...

Excerpt: .... Plaintiff is a BoardCertified Clinical Specialist in Orthopedic Physical Therapy. Plaintiff applied for the positon of Director of Physical Therapy at Defendant's Baas Clinic in or around April 2019. He applied through a recruiting agency, Delta Physician Placement. Delta typically charges $18,000 for a placement in addition to other costs (including loss of production, travel, lodging and relocation expenses). The total cost for placement to D...

Excerpt: ...ive Record is the scope of the Project's certified administrative record (Record), which was certified and lodged with the Court on June 12, 2022, and supplemented on August 26, 2022. Petitioners seek to augment the Record with documents that fall into two categories: 1) secondary reference materials, and 2) previously approved Timber Harvest Plans from the Battle Creek Watershed, where the Project is located. Petitioners contend the Record shoul...

Excerpt: ... a motion requesting the court deny the application. On June 5, 2022, Defendant River Knolls filed an Application for Determination of Good Faith Settlement. It sought approval of a $100,000 settlement payable by River Knolls to Plaintiff. Defendant City of Redding filed the present motion requesting the Court deny the Application on July 27, 2022. A good faith determination bars any other joint tortfeasors or co‐obligors from any further claim...

Excerpt: ...Doe 5's father. Tentative Ruling on Motion to Consolidate: Plaintiffs in Shasta County Case No. 197338, John Does 1‐4, and Plaintiff in Shasta County Case No. 197803, John Doe 5, move to consolidate the two matters for all purposes pursuant to CCP § 1048(a). Defendants Anderson Union High School District and Greg Grandell oppose the Motion. Plaintiffs have complied with the procedural requirements listed in CRC 3.350. (a) When actions involvin...

Excerpt: ...urt for leave to amend his pleading, or to file a cross‐complaint, to assert such cause at any time during the course of the action. The court, after notice to the adverse party, shall grant, upon such terms as may be just to the parties, leave to amend the pleading, or to file the cross‐complaint, to assert such cause if the party who failed to plead the cause acted in good faith. This subdivision shall be liberally construed to avoid forfei...

Excerpt: ... filed documents is GRANTED. The Court notes that such judicial notice is limited to “the existence of each document in a court file, including the truth of results reached” . . . “but not judicial notice of the truth of hearsay statements in decisions and court files. Courts may not take judicial notice of allegations in affidavits, declarations and probation reports in court records because such matters are reasonably subject to dispute a...

Excerpt: ...c, Inc. pursuant to a Solar Loan Agreement. Plaintiff electronically signed the Solar Loan Agreement which contained an arbitration clause. Per the arbitration terms, Plaintiff is required to arbitrate all “Claims” defined as any claim, dispute or controversy which arises out of or relates to the Loan Agreement. The Arbitration Agreement also provides that it is binding on successors in interest. The Arbitration Agreement expressly provides i...

Excerpt: ...y. This is not an appropriate objection to specific evidence. It is simply argument. Thus, the objection is overruled. Request for Judicial Notice: Pursuant to Evid. Code § 452(d) the Court will grant Defendants' request for judicial notice of the Court's records in this matter. Merits: CCP § 2030.290 provides that a party propounding interrogatories may move for an order compelling responses if a party to whom interrogatories are directed fail...

Excerpt: ...perty, and 2) certified copy of record of survey for Plaintiffs' property. Defendants request judicial notice of the First Amended Complaint and the Answer to the First Amended Complaint. The Court grants the requests for judicial notice pursuant to Evid. Code §§ 452(c), (d) and 453, and notes that although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation a...

Excerpt: .... “Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.” CRC 3.1332(c). “The unavailability of trial counsel because of death, illness, or other excusable circumstances” is listed as a circumstance that may constitute good cause. CRC 3.1332(c)(3). In this matter, counsel ...

Excerpt: ...‐051) and Supporting Declaration (MC‐052). Both forms and the proposed Order (MC‐053) must be served on the client and all parties who have appeared in the case at either the current address or the last known address that has been confirmed within thirty days. CRC 3.1362(d). CRC 3.1362(c) requires the supporting declaration to provide an explanation as to why the motion is necessary in place of filing a consent to substitution under CCP § ...