Excerpt: ...lleges that the Third Amended Complaint is barred by public immunity. The Demurrer is unopposed. Cause of Action No. 1 (FEHA): Plaintiff's first cause of action is an alleged hostile work environment citing to Gov't Code § 12940(j) of FEHA. FEHA protects against discrimination against identified protected classes. The Third Amended Complaint fails to identify any protected class to which Plaintiff belonged. Without discrimination, harassment or ...

Excerpt: .... Santa Monica (1972) 6 Cal. 3d 920, 939. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” Morgan v. Sup.Ct. (1959) 172 Cal.App.2d 527, 530. Defendants se...

Excerpt: ...n was continued, by stipulation, to the instant date. This case is currently set for trial on November 16, 2021. The Plaintiffs' complaint alleges 6 causes of action. Cause of Action No. 1 alleges violation of 14 separate Labor Code Sections; Cause of Action No. 2 alleges violation of Health and Safety Code Section 1278.5; Cause of Action No. 3 alleges violation of Labor Code Section 1102.5; Cause of Action No. 4 alleges ‘senior abuse'; Cause o...

Excerpt: ...2021. Kelly Cotton (“Moving Party”) now seeks leave to intervene pursuant to CCP § 387(a) and Welfare and Institutions Code § 15657.3 and CCP § 377.33, claiming to have superior rights to pursue these claims. Moving party has provided admissible evidence that she was nominated by the Decedent to act as his personal representative in his Will. The terms of the Will provide that all assets of the Estate are to be deposited into the Decedent'...

Excerpt: ...roposed cross‐complaint relates to the same parties and deals with disputes and issues arising from the use of an easement. The Court finds that allowing the filing of the cross‐complaint would be in the interests of justice. In reaching this finding the Court notes that there is presently no trial date set. The Court is in agreement with much of the discussion contained in the opposing party's briefing. The motion to amend is indeed late in ...

Excerpt: ...o. 4: OVERRULED Objection No. 5: OVERRULED Objection No. 6: OVERRULED Objection No. 7: SUSTAINED on the grounds of a legal conclusion; OVERRULED as to the remainder Objection No. 8: OVERRULED Objection No. 9: OVERRULED Objection No. 10: OVERRULED Objection No. 11: OVERRULED Objection No. 12: OVERRULED Objection No. 13: OVERRULED Objection No. 14: OVERRULED Plaintiff's Objections: Objection No. 1: OVERRULED Objection No. 2: OVERRULED Objection No....

Excerpt: ...nmeritorious. The objections are OVERRULED. Factual Background: Plaintiff Maria Czajka is the owner of 8409 Creekview Lane in Redding. Plaintiffs, Robert and Kelsey Garnero are the owners of 15965 Yankee Mine Road in Redding. Defendants are their neighbors along Rocklin Way. Plaintiffs claim they and their predecessors in title have used Rocklin Way for their respective properties. Defendants dispute that Plaintiffs have any right to use Rocklin ...

Excerpt: ...act and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a ...

Excerpt: ...act and that the moving party is entitled to judgment as a matter of law. “A defendant…has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant … has met that burden, the burden shifts to the plaintiff … to show that a ...

Excerpt: ...randum of costs and an opportunity to file a motion to tax costs. David S. Karton, A Law Corp. v. Dougherty (2009) 171 Cal.App.4th 133, 147. The Court finds that Defendant has standing to move to strike or tax the requested costs. Merits of Motion: Pursuant to CCP § 1032, the party prevailing in most civil cases may recover costs of suit in any action or proceeding. See CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606. The types of ...

Excerpt: ...ke any irrelevant, false or improper matter. CCP § 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). The proper procedure for testing the adequacy of punitive damages is a motion to strike. Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 163‐64. Punitive damages require a showing of malice, oppression or fraud. Civil Code § 2 3294. Malice is defined as co...

Excerpt: ... CRC 3.1354(b) requires all written objections to be filed separately from the other papers in support or opposition. Written objections must also be numbered consecutively. CRC 3.1354(b). A proposed order must also be provided. CRC 3.1354(c). Both sides have submitted objections within their separate statements. Neither 2 side has lodged proposed orders. The parties have failed to comply with CRC 3.1354(b) & (c). The objections are OVERRULED for...

Excerpt: ...ation for the same order upon new or different facts, circumstances, or law,…” CCP § 1008(b). A renewed motion based on new or different facts must be supported by a declaration showing why the moving party failed to provide the new or different facts at an earlier time. Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1198‐99. On May 5, 2020, Plaintiffs filed the prior motion for a preliminary injunction. The motion was heard a...

Excerpt: ...ad immediate access to their clients. After assuring the Court that they had authority, settlement terms were placed on the record pursuant to CCP 664.6. This section provides, in pertinent part: (a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the te...

Excerpt: ...ity Alps Preserve, et al. (case no. 180657) pursuant to Evidence Code §§ 452 and 453. There is no objection to this request. The request is therefore GRANTED. Merits of the Motion. Prevailing Party. CCP § 1032(a)(4) defines a prevailing party to include “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 th...

Excerpt: ...e 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 purpose of rul...

Excerpt: ...tus of the case. CRC 3.1332(c)(6) & (7). Plaintiff alleges that good cause exists to continue the trial date because additional discovery is needed. The present trial date was set following a stipulation by both parties on June 9, 2020. In September of 2020, the parties began discussing the possibility of resolving the matter through mediation, and a formal agreement to mediate was reached on November 11, 2020. As part of the agreement to pursue ...

Excerpt: ...y Local Rule 5.17(d). Defendant shall prepare the order. Tentative Ruling on Motion to Continue Trial and Reopen Discovery: Plaintiff Robert Maul moves to continue trial and reopen discovery. Trial is presently scheduled for April 20, 2021. Merits of Motion: Trial dates are considered to be firm. CRC 3.1332(a). The Court has discretion to continue a trial date upon a showing of “good cause.” CRC 3.1332(c) and (d). Good cause includes both a p...

Excerpt: ...tion for summary judgment shall be granted if all the papers submitted show that there is no triable issue of material fact and that the moving party is entitled to judgment as a matter of law. Plaintiff seeks summary adjudication on her partition and ejectment causes of action. Plaintiff has provided undisputed evidence that she is the co‐owner of the subject property and is entitled to a partition by sale pursuant to CCP § 872.010 et seq. Th...

Excerpt: ... relief action to obtain compliance. Labor Code § 1198.5(l). To obtain an injunction a plaintiff must show two interrelated facts: 1) a reasonable probability it will prevail on the merits; and 2) that the harm to the plaintiff resulting from the denial of the injunction outweighs the harm to the defendant if the injunction is granted. See IT Corp v. County of Imperial (1983) 35 Cal.3d 63, 69‐70. The moving party has the burden of providing su...

Excerpt: ...ds owned, operated or controlled the restaurant. Also, neither of these Defendants employed any of the workers at this restaurant. Plaintiff filed the present suit on September 5, 2019, approximately 18 months after the incident. The Compliant named only Defendants Taco Bell Corp and Yum! Brands. Notwithstanding California Rule of Court 3.110 which requires service of the complaint within 60 days of its filing, Defendants Taco Bell Corp and Yum! ...

Excerpt: ...on and set forth the grounds upon which intervention rests. CCP § 387(c). A nonparty must be allowed to intervene if (A) a provision of law confers an unconditional right to intervene or (B) the nonparty “claims an interest relating to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that pe...

Excerpt: ...le a Request for Dismissal for “withdrawn” causes of action. The Plaintiff was ordered to file a supplemental meet and confer declaration no later than March 22, 2021. No meet and confer declaration has been filed by Plaintiff and no Request for Dismissal has been filed. As any further continuance would potentially prejudice the Defendants, the Court will issue a ruling on the merits. Violation of Civil Code § 2924g (First Cause of Action): ...

Excerpt: ...relieve any party from that waiver. CCP § 631(g). Where a doubt exists as to the propriety of granting the relief, such doubt, by reason of constitutional guarantee of trial by jury, should be resolved in favor of according a litigant a jury trial. See Cowlin v. Pringle (1941) 46 Cal.App.2d 472, 476. Defendant waived their right to a jury by failing to post jury fees within 10 days of March 11, 2019 as ordered by the Court. Defendant seeks relie...

Excerpt: ... subject vehicle could not be “certified” due to frame damage. Vehicle Code § 11713.18(a)(5). It also alleges that GM fails to properly oversee and train the program which is implemented at least in part by its dealers like Defendant Lithia. Those allegations also center on the frame and frame inspections. A review of the propounded requests for admissions shows that the requests are wholly unrelated to the frame. Plaintiff takes the positio...