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833 Results

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2020.10.28 Demurrer 813
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.28
Excerpt: ...icial notice of the complaint in this case. The court need not take judicial notice of a document that is already a part of the record of this case. Legal Theories of Public Entity Liability for Dangerous Conditions. The issue is whether Plaintiff may maintain causes of action holding Defendant liable for the negligence of its employees and independent contractors that may have caused his injury from tripping over a jagged metal post on the sidew...
2020.10.23 Demurrer, Motion to Strike, Petition for Writ of Mandate 696
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.10.23
Excerpt: ...will not lie to only a part of a cause of action; therefore, to prevail on the demurrer Defendant must demonstrate that the SAC fails to state both of these claims. Violation of §1.1 LAW AND MOTION TENTATIVE RULINGS DATE: OCTOBER 23, 2020 TIME: 8:30 A.M. 3 In ruling on the demurrer to the FAC the Court found that Plaintiffs had not stated a violation of §1.1. Plaintiffs have not changed their core allegations as to a violation of this section, ...
2020.10.23 Demurrer, Motion to Strike 587
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.10.23
Excerpt: ...��COCA‐COLA”) and Defendant RANDSTAD US, LLC. (“RANDSTAD”) in connection with his employment at a COCA COLA packing plant between October 2018 and March 2019. APODACA alleges he was a temporary employee hired through RANDSTAD's Fairfield office to work at the plant located in American Canyon. On February 7, 2020, RANDSTAD filed the instant demurrer and motion to strike. That same date, COCA‐COLA filed its special demurrer, demurrer and ...
2020.10.22 Motion for Summary Adjudication 567
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.22
Excerpt: ...isposition of the motion. (Code Civ. Proc., § 437c, subd. (q).) #1. DARREN objects that Plaintiff's “Compendium of Evidence” (CE”) item 1A, a Vallejo Police Department police report, is hearsay. The objection is sustained. #2. DARREN objects that Plaintiff's CE‐1B, a transcript of the hearing in Solano County Case No. FCS048949, is hearsay and selectively edited. DARREN specifically objects to three sections of the transcript Plaintiff c...
2020.10.21 Demurrer, Motion to Strike 749
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.21
Excerpt: ...e statutory basis of Plaintiff's first cause of action outright and provides Plaintiff standing to maintain her second cause of action. Its repeal as of January 1, 2020 is thus a point of major concern to this demurrer. (Civ. Code, § 2920.7, subd. (o) [statute automatically repealed Jan. 1, 2020].) It is “a general rule…that a cause of action or remedy dependent on a statute falls with a repeal of that statute, even after the action thereon ...
2020.10.09 Demurrer 224
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.10.09
Excerpt: ...ICH is overruled. Legal Standard. 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 sufficient to acquaint [the] defendant with...
2020.10.08 Motion to Compel Deposition of PMK 955
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.10.08
Excerpt: ..., based upon Defendants' opposition agreeing to a limited resumption. The court is also concerned regarding the apparent failure of defense counsel to provide the PMK with timely notice of the demand for production of documents to ensure production of new documents responsive to any requests generated between 2018 and the date of deposition. It appears that counsel acknowledged that records pertaining to sales of houses and a check register were ...
2020.10.08 Demurrer 738
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.08
Excerpt: ...tch purchases and that Defendant charges multiple insufficient funds fees (“NSF Fees”) on single purchases, in violation of its contracts with Plaintiff and others similarly situated. Judicial Notice. The court takes judicial notice of all items Defendant proffers as facts not reasonably subject to dispute or as records of courts of the United States, as appropriate. (Ev. Code § 452, subds. (d), (h).) Legal Standard. “The function of a dem...
2020.10.02 Motion to Tax Costs 548
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.10.02
Excerpt: ...ees other than the amount of $1,520.00. The two other types of costs challenged by this motion appear in the “other” category, and consist of $2,549.47 in RecordTrak billings, and $67,274.80 in expert fees. RecordTrak billings reflect the equivalent of subpoenas to obtain records. Plaintiff fails to establish that the billings are simply photocopy fees. Fees incurred to subpoena records are recoverable. (Naser v. Lakeridge Athletic Club (2014...
2020.10.02 Motion for Protective Order 996
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.02
Excerpt: ...tion may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certai...
2020.10.01 Motion to Compel Production of Psychiatric Records 504
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.01
Excerpt: ...dered Plaintiff's untimely Opposition [(C.C.P. §1005(b)], which exceeded the page limit permitted by CRC 3.113. (The Court also notes that Plaintiff's pleadings contain an incorrect email address for Plaintiff's counsel.) Defendant's motion is granted. Good cause has been shown for production of unredacted psychiatric records of the plaintiff. Defendant does not seek unlimited access, but merely for two years prior to the commencement of Plainti...
2020.10.01 Motion for Protective Order 996
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.10.01
Excerpt: ...tion may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. The trial court has discretion in determining whether adequate meet and confer efforts preceded the filing of the motion. Obregon v. Superior Court (1998) 67 Cal.App.4th 424 [factors to be considered include the complexity of the discovery issues, the past history of the counsel on prior disputes, and to a certai...
2020.09.30 Motion for Summary Judgment, Adjudication 125
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.09.30
Excerpt: ...s‐complaint, for quiet title and declaratory relief. Judicial Notice. Matters subject to judicial notice may support a motion for summary judgment. (Code Civ. Proc. § 437c, subd. (b)(1).) The court takes judicial notice of all proffered items from both parties with the exception of DROLET's Exhibit 18, constituting sections of the Uniform Plumbing Code. (Ev. Code §§ 452, subds. (b), (c), (h) [notice permitted of public entity regulations and...
2020.09.22 Motion to Dismiss or Stay All Proceedings, Demurrer 061
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.22
Excerpt: ...ainst Defendant in federal court. Defendant additionally demurs to the complaint. Defendant's motion to dismiss as to Plaintiff GRACIELA SANCHEZ is granted. Defendant's motion to stay as to Plaintiff MAULID AMBARY is granted. The Court does not reach Defendant's demurrer. The Court takes judicial notice of Graciela Sanchez v Abbott Laboratories, Solano County Superior Court Case No. FCS054734, filed on May 4, 2020 and removed to federal court on ...
2020.09.18 Motion to Tax Costs 548
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.18
Excerpt: ...ees other than the amount of $1,520.00. The two other types of costs challenged by this motion appear in the “other” category, and consist of $2,549.47 in RecordTrak billings, and $67,274.80 in expert fees. RecordTrak billings reflect the equivalent of subpoenas to obtain records. Fees incurred to subpoena records are recoverable. (Naser v. Lakeridge Athletic Club (2014) 227 Cal.App.4th 571, 577‐578.) The court therefore declines to strike ...
2020.09.18 Motion to Enforce Settlement 950
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.18
Excerpt: ...s filed on May 31, 2018. On April 24, 2020, Defendant WESTLAKE SERVICES, LLC, filed the instant motion to enter judgment pursuant to a written settlement agreement signed December 17, 2019. That settlement agreement includes release terms and a promise that Plaintiff would dismiss WESTLAKE in exchange for certain payments. WESTLAKE submits supporting declarations indicating that the promised payments were made, but that Plaintiff has failed to di...
2020.09.18 Motion to Amend Judgment 380
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.18
Excerpt: ...6:1576.1, p. 6G‐93; see also generally requirements for service of applications for writs of possession and for writs of attachment [C.C.P. §§512.030(b) and 482.070(d), respectively]. The only proof of service filed for this motion on non‐party TERO DEVELOPERS, INC. (“TERO”) claimed service by mail. In addition, insofar as this motion asserted theories of alter ego and successor corporation liability against TERO, neither is adequately ...
2020.09.11 Motion to Strike 303
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.11
Excerpt: ...ode of Civil Procedure section 436, subdivision (a) permits a court to strike out any irrelevant, false, or improper matter inserted in any pleading, upon a motion or in its discretion. Irrelevant matters are those not essential to the statement of a claim or defense or not pertinent to or supported by an otherwise sufficient Page 3 of 3 claim or defense and demands for relief not supported by the allegations. (Code Civ. Proc. § 431.10.) Plainti...
2020.09.04 Demurrer, Motion to Strike 918
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.04
Excerpt: ...ntative. (Prob. Code § 9351.) Plaintiff admits that he is required to comply with the “detailed procedures and related provisions with respect to claims filed by a creditor against the personal representative of an estate” and that an action may not be commenced unless a claim has been first filed as required by the Probate Code. (4AC, ¶¶ 22‐23.) But, Plaintiff has not alleged any facts suggesting that he has complied. Instead, Plaintiff...
2020.09.03 Motion for Summary Judgment 188
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.09.03
Excerpt: ...�854.8 uses almost identical language to provide immunity to public entities to injuries occurring to an inpatient at a mental institution. Defendant CALIFORNIA DEPARTMENT OF STATE HOSPITALS (“DSH”) operates mental institutions such as Atascadero State Hospital, at which Michael Galliher (“Decedent”) was housed and treated, during parts of his extended incarceration, and thus could claim immunity under Government Code §854.8. This immuni...
2020.09.01 Motion for Reconsideration 923
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.09.01
Excerpt: ... of Am. (1997) 59 Cal.App.4th 1192, 1199; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 689‐690.) Defendant Geico is awarded additional monetary sanctions from Plaintiffs in the amount of $4,416.50 for reasonable attorneys' fees incurred in opposing this motion. A motion for reconsideration of a discovery order, made without substantial justification and in the absence of any other circumstances making an award of sanctions unjust, is itself sub...
2020.08.28 Motion for Leave to Seek Additional Claims on Trial de Novo 744
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.08.28
Excerpt: ...ff's motion is granted. As a de novo hearing, the trial court proceeding owes no deference to the Labor Commissioner's decision. (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1116 (Murphy).) Review is of the facts presented to the trial court, “which may include entirely new evidence.” (Ibid., citing Post v. Palo/Haklar & Associates (2000) 23 Cal.4th 942, 948.) In light of this, and the fact that an employee need not admin...
2020.08.27 Demurrer 912
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.27
Excerpt: ...c Safety Officer Procedural Bill of Rights (the “POBRA”) within Plaintiffs LISA MCDOWELL (“MCDOWELL”) and NATALIE RAFFERTY's (“RAFFERTY”) complaint. Legal Standard. “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 mus...
2020.08.27 Anti-SLAPP Motion 912
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.27
Excerpt: ...p.5th 768, 780 (Argentieri).) First the defendant must make a threshold showing that the plaintiff's cause of action to be stricken arises from the defendant's free speech or petition activity as specified in the statute. (Ibid.) Second, if the defendant has made that showing, the burden shifts to the plaintiff to establish, by admissible evidence, a probability of prevailing on the claim. (Ibid.) If the plaintiff fails to do so, the motion to st...
2020.08.26 Motion to Dismiss 534
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.26
Excerpt: ...ree years after the action is commenced against the defendant." (§ 583.210, subd. (a).) "[A]n action is commenced at the time the complaint is filed." (Ibid.) Dismissal is mandatory where a plaintiff fails to serve a defendant within the statutory time limits. (§ 583.250, subd. (b).) The three‐year rule applies where the defendant seeking dismissal was served as a Doe defendant named in the original complaint, later amended to show his or her...
2020.08.20 Demurrer 912
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.20
Excerpt: ...rocedural Bill of Rights (the “POBRA”), and relation in violation of the Labor Code within Plaintiffs LISA MCDOWELL (“MCDOWELL”) and NATALIE RAFFERTY's (“RAFFERTY”) complaint. Legal Standard. “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 f...
2020.08.20 Anti-SLAPP Motion, Demurrer 912
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.20
Excerpt: ...p.5th 768, 780 (Argentieri).) First the defendant must make a threshold showing that the plaintiff's cause of action to be stricken arises from the defendant's free speech or petition activity as specified in the statute. (Ibid.) Second, if the defendant has made that showing, the burden shifts to the plaintiff to establish, by admissible evidence, a probability of prevailing on the claim. (Ibid.) If the plaintiff fails to do so, the motion to st...
2020.08.19 Motion for Summary Judgment 075
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.19
Excerpt: ...2(a) confirms that a public entity is liable for injury proximately caused by an act or omission of its employee if the act or omission would have given rise to a cause of action against that employee. In general, anyone owes a general duty to act with reasonable care, and can be liable for reasonably foreseeable injury caused by the breach of this duty. A person generally has no duty to take action to help another. However, when one voluntarily ...
2020.08.19 Demurrer 163
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.19
Excerpt: ...bilitation (“CDCR”) staff that allegedly mistreated Plaintiff. Government Code section 820.8 reads: “Except as otherwise provided by statute, a public employee is not liable for an injury caused by the act or omission of another person. Nothing in this section exonerates a public employee from liability for injury proximately caused by his own negligent or wrongful act or omission.” Plaintiff's allegations against DIAZ are that DIAZ had �...
2020.08.18 Motion to Strike 406
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.08.18
Excerpt: ...s fees. (FAC at ¶¶ 46, 62, 72, and 89; Prayer at ¶¶ 2, 3.) Plaintiff is admonished that the prior motion to strike the claim for attorneys' fees was granted without leave to amend. Should defense counsel seek to recover fees and costs associated with Plaintiffs' inappropriate decision to include the stricken fees claim, such recovery can be addressed via a separate motion. Despite the intervening opportunity to engage in discovery, Plaintiffs...
2020.08.18 Demurrer 971
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.18
Excerpt: ...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 sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Ter...
2020.08.14 Demurrer, Motion to Strike 587
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.08.14
Excerpt: ...court to June 4, 2020. On June 4, 2020, the court continued the above motions on the basis that Plaintiff intended to seek coordination of this action with an allegedly related suit pending in Monterey County Superior Court, Robledo v. Randstad US, LP, (Robledo), Monterey County Superior Court case no. M130588. The court did so to promote judicial economy. The file reflects that on June 3 and 5, 2020, Plaintiff submitted duplicate notices of the ...
2020.08.14 Demurrer, Motion to Strike 273
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.08.14
Excerpt: ...to the fifth, sixth and ninth causes of action is sustained with leave to amend within 20 days. Defendants' demurrer to the seventh cause of action for nuisance is overruled. Defendants' motion to strike the claim for punitive damages is granted with leave to amend within 20 days. Legal Standard. “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.A...
2020.08.13 Demurrer 971
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.13
Excerpt: ...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 sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Doheny Park Ter...
2020.08.11 Motion to Strike 343
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.08.11
Excerpt: ...Nolin 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 insufficient and an award of punitive damages requires either the intent to harm the plaintiff or both willful and despicable conduct. (Johnson & Johnson Talcum Powder Cases (2019) 37 Cal.App.5t...
2020.08.06 Demurrer 303
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.06
Excerpt: ...iano v. Lyle Doughty, FCS050116, dated November 6, 2018, and a quitclaim deed recorded in Solano County as document 1997‐00031840, showing Plaintiff's ownership of her property since 1997. Minute orders may be judicially noticed as records of a court of this state. (Ev. Code § 452, subd. (d).) The existence and legal significance of a recorded document may be judicially noticed as facts that cannot be reasonably controverted. (Ev. Code § 452,...
2020.08.05 Motion for Fees and Costs 912
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.08.05
Excerpt: ...portunity to negotiate and reach an agreement. As a result of the package deal, BMO Harris Bank N.A. (“BMO”) received a recovery in connection with its secured interest in the Nissan store and a potential recovery as a junior lien holder to the Toyota store. The parties do not dispute that TMCC holds a valid, perfected senior secured interest in all of the assets which relate to the Toyota store. Intervenor BMO holds the junior lien. The fact...
2020.08.05 Demurrer 939
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.05
Excerpt: ...e note, deed of trust, assignment of deed of trust, substitution of trustee, notice of default, notice of trustee's sale, and trustee's deed pertaining to the foreclosure at the heart of this case. The court takes judicial notice of the existence and legal significance of these recorded documents, and the adjustable rate note, as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodlan...
2020.08.04 Demurrer 971
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.08.04
Excerpt: ... 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 sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Dohen...
2020.07.30 Demurrer 971
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.30
Excerpt: ... 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 sufficient to acquaint [the] defendant with the nature, source and extent” of the plaintiff's claim. (Dohen...
2020.07.29 Demurrer, Motion to Strike 588
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.29
Excerpt: ...tion must be alleged with specificity to allow the court to determine whether there is a prima facie foundation for the charge. (Small v. Fritz Companies, Inc. (2003) 30 Cal.4th 167, 184; Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 35 Cal.3d 197, 216‐217.) In an action for fraud against a corporation, the plaintiff must allege “the names of the persons who made the allegedly fraudulent representations, their authority to s...
2020.07.24 Motion to Quash and Dismiss 458
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.07.24
Excerpt: ...ocha Dehe”), a federally recognized Indian tribal government. (Declaration of Anthony Roberts (Roberts) at ¶¶ 1‐2.) Yocha Dehe enjoys sovereign immunity from suit by default. (Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. (1998) 523 U.S. 751, 760.) Though Yocha Dehe partially waived its immunity when it entered into a compact with the State of California to operate Defendant as a gaming facility, that waiver only permits patro...
2020.07.22 Demurrer 589
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.22
Excerpt: ...the landlord. Plaintiffs allege that the owner of the real property was Defendant Menemsha Equity, LLC, a limited liability company. (FAC, ¶¶ 5, 8.) Plaintiffs allege that Defendant Weisberg is the sole member of Menemsha who, at all relevant times, acted within the scope of his agency or representation for Menemsha. (FAC, ¶¶ 2, 6.) But, a limited liability company is distinct from its members. (Corp. Code § 17701.04(a).) The liabilities of ...
2020.07.21 Demurrer 655
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.07.21
Excerpt: ...matter of law.” (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) For purposes of demurrer, a court assumes the truth of the allegations in the complaint, but not the contentions, deductions, or conclusions of law. (California Logistics, Inc. v. State of California (2008) 161 Cal.App.4th 242, 247.) The elements of a cause of action for assault are: (1) the defendant acted with intent to cause harmful or offensive contac...
2020.07.14 Motion for Summary Judgment 382
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.14
Excerpt: ....S.C. § 1666 and 12 CFR § 202.12. 15 U.S.C. § 1666 concerns correction of errors in billing statements. 12 CFR § 202.12 concerns allowable ways for a creditor to retain otherwise prohibited information and records related to the Equal Credit Opportunity Act. These items may be judicially noticed under Evidence Code section 452, subdivisions (a) and (b). However, the court declines to take judicial notice as these items do not bear on resoluti...
2020.07.14 Demurrer, Motion to Strike 369
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.14
Excerpt: ...rnow (Weil & Brown), Civil Procedure Before Trial, §6:158, pp. 6‐57 and 6‐58; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 [a “conclusory characterization of defendant's conduct as intentional, willful and fraudulent is a patently insufficient statement of ‘oppression, fraud, or malice, express or implied,' within the meaning of section 3294”]. Civil Code §3294(c)(1) defines malice as “conduct which is intended to cau...
2020.07.09 Motion for Summary Judgment 382
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.09
Excerpt: ....S.C. § 1666 and 12 CFR § 202.12. 15 U.S.C. § 1666 concerns correction of errors in billing statements. 12 CFR § 202.12 concerns allowable ways for a creditor to retain otherwise prohibited information and records related to the Equal Credit Opportunity Act. These items may be judicially noticed under Evidence Code section 452, subdivisions (a) and (b). However, the court declines to take judicial notice as these items do not bear on resoluti...
2020.07.09 Demurrer, Motion to Strike 369
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.09
Excerpt: ...rnow (Weil & Brown), Civil Procedure Before Trial, §6:158, pp. 6‐57 and 6‐58; see also Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 872 [a “conclusory characterization of defendant's conduct as intentional, willful and fraudulent is a patently insufficient statement of ‘oppression, fraud, or malice, express or implied,' within the meaning of section 3294”]. Civil Code §3294(c)(1) defines malice as “conduct which is intended to cau...
2020.07.08 Motion for Summary Judgment, Adjudication 407
Location: Solano
Judge: Carringer, Christine
Hearing Date: 2020.07.08
Excerpt: ...6 Cal.4th 446, 460.) Because Defendant has not met this burden, Plaintiff has no burden to produce any evidence or disprove anything and the court must deny the motion without looking at any opposing evidence. (Y.K.A. Indus., Inc. v. Redevelopment Agency of the City of San Jose (2009) 174 Cal.App.4th 339, 353‐354; Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 940; United Cmty. Church v. Garcin (1991) 231 Cal.App.3d 327, 338.) An insurance agent...
2020.07.08 Motion for Leave to Conduct Additional Physical Exams 794
Location: Solano
Judge: Getty, Wendy G
Hearing Date: 2020.07.08
Excerpt: ...head, neck and spine by Dr. Tabaraee, M.D. in Manteca which is 67 miles from Fairfield. Defense shall provide Plaintiff with 3 proposed dates for examination. Plaintiff shall select 1 date among the 3 proposed dates. The examination will be conducted and completed on one day between the hours of 9 and 5 and limited to 4 hours in duration. Plaintiff shall undergo a mental examination related to his claims of short‐term memory loss, difficulty co...

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