Excerpt: ... (the “Vehicl e) from Defendant that they allege is defective due to a leaking coolant system, among other things. Plaintiffs therefore also present causes of action against Defendant for violation of the Song -Beverly Consumer Warranty Act (the “Act”). Notice of Tentative Ruling. Defendant's notices of demurrer and motion do not advise the recipient that the Solano County Superior Court uses a tentative ruling system, as is required under ...

Excerpt: ...any law]; 815.2( b) and 820.2 [immunity for public employee's act or omission when the act or omission was the result of the discretion vested in a public employee]; 815.2(b) and 821 [immunity for public employee's failure to enforce an enactment]. Enforcement of statutes and regulations is typically left to the discretion of the agency authorized to enforce, per constitutional principles. Gananian v. Wagstaffe (2011) 199 Cal.App.4th 1532, 1543 [...

Excerpt: ...y of the defenda nts. Even if proofs of service had been filed, the application could not be granted. Another requirement for a writ of possession is that there be sufficient evidence to establish the likely location of the vehicle. C.C.P. §512.010(b)(4) requires: A statem ent, according to the best knowledge, information, and belief of the plaintiff, of the location of the property and, if the property, or some part of it, is within a private ...

Excerpt: ...with respect to the allegations that defendant made defamatory statements during the prior litigation between him and his former employers, including plaintiff BROWN. (Complaint, pp. 7, 8, 9). These statements were allegedly made in or connected to a judicial proceeding, na mely, the prior litigation between the parties filed in San Joaquin County. Therefore, they constitute “protected activity” under CCP Section 425.16(e). Once defendant es...

Excerpt: ...s. The court did not rece ive timely opposition to this motion. Defendants' opposition was filed April 9, 2024; timely opposition was due April 4, 2024, nine court days before the hearing. (Code Civ. Proc., § 1005, subd. (b).) However, the court finds GREEN's meet and confer effo rts inadequate. Counsel for GREEN declares that counsel sent CHANG and YEN a meet and confer letter regarding Page 1 of 4 their perceived deficient discovery respons...

Excerpt: ... clause was upheld by the courts in the past, and should be similarly upheld here. (Fritelli, Inc. v. 350 N. Canon Drive, LP (2011) 202 Cal.App.4th 35). Although defendant did not submit a copy of the lease signed by plaintiff, defendant did submit a copy of the leas e initialed by plaintiff, a guaranty of the lease signed by plaintiff, and an addendum to the lease signed by plaintiff, which acknowledged that the parties entered into the lease, n...

Excerpt: ... accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action. (Fox v. Endo -Surgery, Inc. (2005) 35 Cal.4th 797, 807.) Plaintiff alleges that he presented the vehicle for transmission -related issues to an authorized repair f acility on August 20, 2018, September 17, 2019, September 17, 2020, and February 17, 2023. (FAC, ¶¶ 26, 29 - 30, 35.) In each of these instances, the repair facility represent...

Excerpt: ...]. Defendant filed no responsive pleading in this action. The settlement agreement signed by Defendant in April 2021 and filed by Plaintiff, for which Plaintiff paid a first appearance fee on behalf of Defendant, is not a court -captioned document which provides an add ress of record provided to the court for Defendant to be later served by mail with any new filings. C.C.P. §1014. Plaintiff's inclusion of boilerplate language in the middle o...

Excerpt: ... a minor at a VCUSD school in 1968. New Trial Motion After Demurrer. A new trial motion lies where a judgment of dismissal has been entered following sustention of a demurrer without leave to amend, as is the case here. (Evarts v. Jones (1959) 170 Cal.App.2d 197, 206.) Gro unds for new trial in this situation include decisions unsupported by the law or errors in law. (Code Civ. Proc., § 657, subds. (6)- (7).) Legal Standard on Demurrer. “The f...

Excerpt: ...e complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint must allege facts sufficient to establish every element of each cause of action. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable ...

Excerpt: ...aration, but it made no effort to provide information about when the class action claims were discovered, or explain why they were not brought sooner. In addition, leave to amend can be denied when it appears the new allegations would not survive a later motion challen ge, such as by demurrer. Congleton v. National Union Fire Ins. Co. (1987) 189 Cal.App.3d 51, 62, quoting 5 Witkin, California Procedure (3d ed. 1985) Pleading, §1121, pp. 537- 538...

Excerpt: ...ve any settlement of any civil action filed pursuant to [the PAGA]” and that any proposed settlement must be submitted to the Labor and Workforce Development Agency simultaneously with the court. The trial court's task in reviewing a PAGA settlement is to ensure that the settlement is fair, adequate, and reasonable, as well as meaningful and consistent with the PAGA's goal of public benefit through increased enforcement of labor law. (Moniz v...

Excerpt: ...RS, INC.; WISE NORTH BAY, INC.; WISE RIDERS, INC.; WISE SAN MATEO, INC.; WISE MARIN, INC.; and K.E.W. CORP. (“Demurring Defendants”) attacked all causes of action alleged against some or all of them, save one, the 9th cause of action for violation of UCL. The basis for demurrer to each of the other causes of action alleged against them was failure to state a cause of action. Class action claims asserted can only be brought against the defenda...

Excerpt: ...uence by groups such as MADD, California courts found such driving can subject the driver to possible punitive damages, depending upon the history of the driver and/or the recklessness of the driving. Taylor v. Superior Court (1979) 24 Cal.3d 890; Dawes v. Superior Court (1980) 111 Cal.App.3d 82. Plaintiffs' first amended complaint alleged that moving party PAUL WESSEL (“WESSEL”) was traveling at a rate of speed not only above the speed limi...

Excerpt: ...the presence of V CUSD employee JANE DOE. Legal Standard on Demurrer. “The function of a demurrer is to test the sufficiency of the complaint as a matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) A complaint is sufficient if it alleges ultimate rather than evidentiary facts, but the plaintiff must set forth the essential facts of his or her case “with reasonable precision and with particularity suff...

Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...

Excerpt: ...n alleged against it cannot be established. (Code Civ. Proc. § 437c(p)(2); Aguilar v. Atl. Richfield Co. (2001) 25 Cal.4th 826, 853.) The essential elements of a cause of action for dangerous condition of public property are: 1) the property owned or controlled by the p ublic entity was in a dangerous condition at the time of the injury, 2) the injury was proximately caused by the condition, 3) the type of injury sustained was a reasonably fore...

Excerpt: ...24. Should Defendant Turley fail to appear for deposition as agreed, absent a good faith reason or substantial justification, the court shall impose a sanction upon Mr. Turley only of $1000, which shall then be due and payable to Plaintiff not later than 30 days afte r the scheduled deposition date. At that time, a second deposition date will be scheduled with Mr. Turley. Should he fail again to appear as agreed, the court will consider contempt...

Excerpt: ... the Private Attorney s General Act (the “PAGA”). Defendant MAIN ELECTRIC SUPPLY COMPANY LLC (“MAIN ELECTRIC”) simultaneously moves to join EXPRESS's motion to compel arbitration and thereby also compel arbitration of Plaintiff's claims against MAIN ELECTRIC. Joinder to Moti on to Compel Arbitration. The minute order after hearing from November 6, 2023 states that the Honorable R. Michael Smith ordered EXPRESS to file its motion to compe...

Excerpt: ...n auto loan financed by Plaintiff for a 2017 Jeep Grand Cherokee. Plaintiff alleged Defendants not only failed to return the vehicle but secreted it so that Plaintiff was unable to repossess the vehicle. Defendants, who are self -represented, answered the complaint on April 4, 2023 and thereafter filed a succession of pleadings including a cross -complaint, a declaration unattached to any motion, a surety bond, a motion to quash, a motion to st...

Excerpt: ...out the harassment but failed to take “immediate and appropriate corrective action.” (Gov. Code § 12940(j)(1); Roby v. McKesson (2009) 47 Cal.4th 686, 707; Mathieu v. Norrell Corp. (2004) 115 Cal.App.4th 1174, 1185.) Similarly, the employer must “take all reasonable steps Page 1 of 6 necessary to prevent discrimination and harassment from occurring”, which includes the prompt investigation of any claims. (Gov. Code § 12940(k); Cal. Fair...

Excerpt: ... Standard. Code of Civil Procedure section 1032 authorizes recovery of costs for a prevailing party. Plaintiff is a prevailing party entitled to recover costs per the court's order following trial. (Defendant's Request For Judicial Notice K.) Section 1033. 5 delineates the categories of recoverable costs under section 1032 and also expressly disallows some sorts of costs. If an item of costs is not expressly allowed or disallowed it may be allowe...

Excerpt: ... Linforth v. White (1900) 129 Cal. 188, 190; Gortner v. Gortner (1976) 60 Cal.App.3d 996, 999.) Plaintiff's proof of service shows service by mail, addressed directly to Defendant Green Dot, at an address in Sacramento different from the address given for Defendant Green D ot's attorney of record. Additionally, both motions lack merit. Plaintiff's motion for leave to file an untimely “answer” to Defendant's demurrer is moot, the court having...

Excerpt: ... reques ts judicial notice of the following document: the Senate Rules Committee Office of Senate Floor Analyses Unfinished Business SB 579, dated September 1, 2015 (a portion of the legislative history of Labor Code section 230.8). Defendant requests judicial no tice of thirteen items from the record of this case. The court takes judicial notice of all proffered items as records of official acts of the Legislature, records of a court of this st...

Excerpt: ...73 Cal. App.4th 1189, Ventura Unified School District v. Superior Court (2001) 92 Cal.App.4th 811). CCP Section 394 does not use the term “accident”, but uses the language, “for injury occurring within […] the county.” CCP Section 394. The complaint in the prese nt case does not allege that the accident, plaintiff's injuries or the death of her son occurred, even in part, in Merced County. In their motion, defendants note that the comp...