Excerpt: ...e -mail on S eptember 11, 2023. Hearing on this Motion has been continued twice by joint stipulation of the parties. The Court prepared a tentative ruling on these motions and had intended to grant them. Defendant did not file any oppositions, and according to Plain tiffs, had not served responses to any of the discovery. However, late on June 6, 2024, Defendant filed an “Opposition to Plaintiffs Notice of NonOpposition,” indicating they di...

Excerpt: ...sued t o Rockpoint Legal Funding seeks all itemized statements of the billing charges pertaining to the care, treatment and examination of the patient and all other records pertaining to Robert Stevens for January 27, 2011, to present. Plaintiffs seek sanctions in connection with bringing the instant Motion. Defendants oppose the Motion and likewise seek sanctions in connection with opposing the instant Motion. Notice and Timeliness of Motion: �...

Excerpt: ...the Demurrer. Meet a nd Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Xylon Quezada indicates compliance with the requirements of the CCP § 430.41. Merits: Defendant's Demurrer...

Excerpt: ... provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Health and Safety Code §§ 11488.4 and 11488.5. For a judicial forf eiture the District Attorney's Office (or other agency) is required to file a Petition for Forfeiture. Health and Safety Code § 11488.4(a). The Petition for Forfeiture must be serv...

Excerpt: ...March 18, 20 24. However, Plaintiff has filed a response to the OSC indicating her confusion regarding the status of this matter and apologizing to the Court for any inconvenience. Much of the Declaration addresses the Plaintiff's failure to appear at the Mandatory S ettlement Conference which took place on March 18, 2024. Although the Plaintiff's failure to be available for the Mandatory Settlement Conference is also disturbing, this is not why...

Excerpt: ...formation and fail to 4 describe the documents sought with the required particularity. Merits of Motion: A party may move for an order quashing a subpoena in its entirety, modifying it or directing compliance. CCP § 1987.1(a). The Court may also make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy. Id. A party may obtain discovery relat...

Excerpt: ...t to CC P § 2023.030(b). Plaintiff also seeks sanctions of $1,350 pursuant to CCP § 2023.030(a) and 2030.290(c). The Motion is unopposed. On March 22, 2023, Plaintiff served Form Interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admissions to Defendant Bonna Johnson. Her deadline to respond was April 26, 2023. She did not serve responses or request any extensions. On September 13, 2023, Plaintiff �...

Excerpt: ...r Respo nses to Special Interrogatories, and 3) Motion to Compel Further Responses to Requests for Production. Defendant opposes the Motions. Plaintiff propounded discovery on October 2, 2023, consisting of 19 Requests for Production of Documents, 19 Special Inte rrogatories, and Form Interrogatories – General series 1.0, 2.0, 3.0, and 15.1. After a brief extension, Defendant timely served objections to each of the three sets of discovery on No...

Excerpt: ...d Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of John Kenny states sufficient facts to meet this requirement. Merits: A demurrer should be sustained if the complaint fails to “...

Excerpt: ...oader (Serial No. 1FF2454DAB0240050);  Pierce PM -3348 Delimber (Serial No. 15918). Merits of Motion: CCP § 512.060 provides that in order to obtain a writ of possession plaintiff must: 1) demonstrate the probable validity of the claim, meaning that it is more probable than not that it will u ltimately obtain a judgment for possession of the personal property; and 2) satisfy the undertaking requirements of Section 515.010. Plaintiff has suffi...

Excerpt: ...tter will be continued to permit Petitioner to address these defects. Merits: Currency that is “furnished or intended to be furnished by any person in exchange for a controlled substance” or used or intended to be used to facilitate particular provisions of the Health and Safety Code are subject to seizure and forfeiture. Health and Safety Code § 11470. The judicial and/or administrative procedure for forfeiture is laid out generally in Heal...

Excerpt: ...ught the lo an and deed of trust in August 2016, and currently owns the mortgage note and deed of trust. The Cadle Company services the loan for BBR Investments LLC. The Cadle Company moves for summary judgment or in the alternative summary adjudication. The motion is unopposed. Merits: The party moving for summary judgment bears the initial burden to make a prima facie showing that there are no triable issues of material fact. Aguilar v. Atlanti...

Excerpt: ...olicy in fav or of enforcing arbitration agreements. 9 U.S.C. § 1 et seq. The FAA applies to any written arbitration agreement in a contract evidencing a transaction involving interstate commerce. AlliedBruce Terminix Companies, Inc. v. Dobson (1995) 513 U.S. 25, 277 . A party seeking to enforce an arbitration agreement has the burden of showing FAA preemption. (Woolls v. Superior Court (2005) 127 Cal.App.4th 197, 211.) For example, a petitioner...

Excerpt: ...ment neglig ent misrepresentation, and 5) add a cause of action for violation of Magnuson Moss Warranty Act. Defendant General Motors LLC opposes the motion. Merits: CCP § 473(a)(1) permits any pleading to be amended in furtherance of justice and on any terms as may be proper, after notice to the adverse party. The Court's discretion in this regard will usually be exercised liberally to permit amendment. Nestle v. Santa Monica (1972) 6 Cal. 3d 9...

Excerpt: ... access to cou rt proceedings. Dep't of Fair Emp. & Hous. v. Superior Ct. of Santa Clara Cnty. (2022) 82 Cal. App. 5th 105, 108 (“DFEH”). Because of the inherently sensitive nature of some proceedings, statutes specifically allow for keeping certain parties' identities confidential. (See, for example, Civ. Code, § 1708.85, subd. (f)(1) [plaintiff in action for nonconsensual distribution of sexually explicit materials may proceed un...

Excerpt: ...nts to pr oduce the PMQ within 15 days. The PMQ was deposed on November 29, 2023, pursuant to the parties' agreement. Plaintiff established that the PMQ testified as to categories 1 -2, and 9 -13 only. Plaintiffs thereafter moved for issue and evidence sanctions an d to compel further deposition of a PMQ on the remaining categories, which the Court granted in part on January 4, 2024 (the hearing on the motion held January 2, 2024, and the Court ...

Excerpt: ...rial or as a basis of adjudication and a presumption of openness of substantive court proceedings in ordinary cases, our Supreme Court in NBC Subsidiary (KNBC –TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178, (NBC Subsidiary ) set forth the findings that both the t rial and appellate courts must expressly make to seal a record. (Id. at pp. 1200, 1208 –1209, fn. 25.) Courts must find that (1) there is an overriding interest supporting sea...

Excerpt: ...al Notice: The requests for judicial notice are unopposed. The Court grants the requests for judicial notice. Objections to Evidence: Defendant's Objections Nos. 1 -3, 6 and 7 are SUSTAINED. Defendant's Objections Nos. 4, 5 and 8 - 15 are OVERRULED. Defendant 's Objection to Mr. Obagi's 3 declaration filed in support of the reply is SUSTAINED. Entitlement to Attorney's Fees: Plaintiff's operative Second Amended Complaint alleged a single cause o...

Excerpt: ... Commission now moves to change venue pursuant to Code of Civil Procedure section 394. Plaintiffs oppose the motion. The parties agree that Shasta County is an appropriate initial venue for filing. They disagree as to whether section 394, a removal statute, app lies in this case. Code of Civil Procedure section 394 provides, in pertinent part: [A]ny action or proceeding brought by a county, city and county, city, or local agency within a certain...

Excerpt: ...nly known a s a Pitchess motion. See Pitchess v. Superior Court (1974) 11 Cal.3d 531. Pitchess motions have been codified in Evid. Code § 1043 which requires a written motion in both civil and criminal actions. Evid. Code § 1043(a). The motion shall include: “1) identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the ...

Excerpt: ...erica (Saf eco) is Plaintiff's alleged insurer. Safeco demurs to the Second Cause of Action of Plaintiff's First Amended Complaint (FAC), on the grounds that it fails to state facts sufficient to constitute a cause of action against Safeco pursuant to CCP 430.10(e). Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the ...

Excerpt: ... discovery law provides for a broad range of sanctions for conduct that amounts to abuses of the discovery process including evidentiary and issue sanctions. Cedars -Sinai Medical Center v. Superior Court (1998) 18 Cal.4th 1, 12. The spoilation of evidence can be a n abuse of discovery. Id. Spoilation of evidence is defined as “the destruction or alteration of relevant information or the failure to preserve evidence for another party's use in ...

Excerpt: ...that i t is uncertain and fails to state sufficient facts for a cause of action. Plaintiffs oppose the demurrer. Meet and Confer: CCP § 430.41 requires the demurring party to “meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” The Declaration of Ian Schar...

Excerpt: ... or impro per matter inserted in any pleading;” or 2) “strike out all or any part of any pleading not drawn in conformity with the laws of this state.” CCP § 436(a) & (b). A motion to strike is the proper method to challenge an improper request for punitive damage s. Caliber Bodyworks, Inc. v Superior Court (2005) 134 Cal.App.4th 365, 385. In order to seek punitive damages, a plaintiff must plead that the defendant was guilty of oppression...

Excerpt: ...f America (Safeco) is Plaintiff's insurer. Safeco moves for an order severing Plaintiff's claims against Safeco from Plaintiff's claims against Defendants Simao, Rayfifield, and Reservoir Lane, LLC, pursuant to CCP § 598 and § 1048(b), Evid. Code § 1155, and the Court's inherent powers. These code sections do not directly support a motion to sever related to claims at the outset of litigation. “Although judges and lawyers commonly use the ...