Excerpt: ...ts demurrers. To deny defendants' motions to strike. Defendants shall file responsive pleadings within ten (10) days from the date of this order. Explanation: Judicial Notice It is “well settled” that the court is authorized to consider matters which may be judicially noticed when determining whether a complaint is sufficient to survive a demurrer. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Code Civ. Proc., 430.30, subd. (a).) Furthermore,�...

Excerpt: ...ient minimum contacts with the State of California to exercise personal jurisdiction over him. He also argues that it would offend traditional notions of fair play and substantial justice to require him to appear in California to defend against the lawsuit given the lack of evidence that he did anything to cause the accident. Therefore, he concludes that the court should refuse to exercise jurisdiction over him. However, while Wheeler states that...

Excerpt: ... certain warranties. Problems with the vehicle ensued, forming the basis of the instant complaint for damages. Plaintiffs brought five causes of action against defendant for express and implied violations of warranties afforded through the Song‐Beverly Act. Defendant moves to compel arbitration on an arbitration clause in a sales contract made between plaintiffs and a non‐party, Lithia Ford Lincoln of Fresno. A trial court is required to gran...

Excerpt: ...d as to plaintiffs' products liability claim based on the breach of express warranty theory. (Code Civ. Proc., § 430.010, subd. (e).) Plaintiffs are granted 20 days' leave to file the second amended complaint. The time to file the second amended complaint will run from service by the clerk on the minute order. All new allegations in the second amended complaint are to be set in boldface type. Explanation: Demurrer as to the Second Cause of Actio...

Excerpt: ...hat he was ready to file the motion (having already obtained a hearing date), and left a message asking him to call if the date would not work for him, and/or to call in order to discuss the demurrer. This effort is insufficient. The legislative intent behind the meet and confer statutes for demurrers, motions to strike, and motions for judgment on the pleadings is to require the parties to have a good faith discussion about what the moving party...

Excerpt: ...vision (b), contending that the order was the result of his counsel's mistake or excusable neglect. His attorney claims that she submitted invoices to support the requested costs as soon as she learned of the mistake, and that the court granted permission to submit the invoices at the hearing. However, the court later refused to consider the invoices because counsel had not requested oral argument before the hearing. Bassi's counsel contends that...

Excerpt: ...in Dept. 403 Explanation: Discovery requests are generally afforded liberal construction. (see Code of Civ. Proc., § 2017.010; Williams v. Superior Court (2017) 3 Cal.5th 531, 541 [“In the absence of contrary court order, a civil litigant's right to discovery is broad.”].) “In civil litigation, discovery may be obtained from a nonparty only through a ‘deposition subpoena.' [Citation.]” (Unzipped Apparel, LLC v. Bader (2007) 156 Cal.App...

Excerpt: ...from and must view such evidence and such inferences 'in the light most favorable to the opposing party.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Furthermore, “[o]nly when the inferences are indisputable may the court decide the issues as a matter of law ... An issue of fact becomes one of law only when ‘the undisputed facts leave no room for a reasonable difference of opinion.'” (Manuel v. Pacific Gas & Electric C...

Excerpt: ...she was injured as a result of wet, slippery floor tiles at defendant Target's store. She claims that her expert has concluded that the floor tiles in the area where she fell did not comply with the ADA, as they were “high gloss” and did not have any non‐slip or slip‐resistant coating or treatment, and thus she is entitled to summary adjudication in her favor. However, plaintiff has not met her burden of showing that she is entitled to su...

Excerpt: ...justified, and, if so, what remedy is appropriate. (City of San Jose v. Operating Engineers Local Union No. 3 (2010) 49 Cal.4th 597, 604.) “If PERB applies to the court for injunctive relief … the court must determine that there exists reasonable cause to believe an unfair labor practice has been committed and that the relief sought is just and proper.” (Public Employment Relations Bd. v. Modesto City Schools Dist. (1986) 136 Cal.App.3d 881...

Excerpt: ...East Olive Avenue, Fresno, APN 451‐ 265‐‐3 ("Parcel"), which encompasses the premises operated as a restaurant and brewery by J&A known as Sequoia Brewing Company (777 and 779 East Olive, hereinafter "Premises"). Church's sole cause of action is for specific performance of the “Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate” (“PSA”) between Church and Tower, entered into in September 2020. The PSA as a...

Excerpt: ...days […] before the hearing.” (Code Civ. Proc., § 1005, subd. (b).)” Here, as the moving party points out, plaintiff untimely filed her opposition on June 2, 2022, eight court days before the hearing, and did not serve her opposition until June 6, 2022, six court days before the hearing. The moving party does not waive proper service. “No paper may be rejected for filing on the ground that it was untimely submitted for filing. If the cou...

Excerpt: ...h causes of action identified below. Any amendments shall be in bold print. Explanation: Judgment on the pleadings “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicially noticed.” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; see also Templo v. State of Calif. (2018) 24 Cal.App.5th 73...

Excerpt: ...settlement through prior hearings, each with its own filings. The settlement here generally meets the standards for fairness, and the class has approved it, with no objections, opt‐ outs or disputes. Only one of 197 notices were undeliverable. The court finds that the method of notice followed, which this court approved at the prior hearing, comports with due process and was “reasonably calculated to reach the absent class members: “Individ...

Excerpt: ..., after notice and hearing, make an order…that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case….” (Code Civ. Proc., § 598.) Similarly, Code of Civil Procedure section 1048 provides that “[t]he court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action...

Excerpt: ...tration of the dispute pursuant to the Federal Arbitration Act (9 U.S.C. section 1, et seq.), or under the California Arbitration Act. (Code Civ. Proc., § 1281.2, et seq.) Under the Federal Arbitration Act, A written provision in … a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, … shal...

Excerpt: ...l be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code, § 2699, subd. (i)(2).) There are very few cases discussing section 2699, and none discuss the standards under which a court is to assess a settlement. Nor has the legislature provided any structure or standards for making the assessment. Published California case law has not done so either. However, the common practice when ruling on PAGA settlements ...

Excerpt: ...st for monetary sanctions, as set forth below. Explanation: Merits Ordinarily, discovery proceedings are required to be completed before the 30th day before trial and a trial continuance does not automatically reopen discovery. (Code Civ. Proc., § 2024.020.) Nevertheless, urgency legislation related to the state of emergency proclaimed by the Governor on March 4, 2020 specified that a continuance or postponement of a trial “extends any deadlin...

Excerpt: ... pending the outcome of the appeal in case no. F080399. Explanation: Defendant John Wash moves for an order declaring him to have satisfied the orders for attorney's fees under Code of Civil Procedure section 724.050. Section 724.050 states, (a) If a money judgment has been satisfied, the judgment debtor, the owner of real or personal property subject to a judgment lien created under the judgment, or a person having a security interest in or a li...

Excerpt: ... Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. Documentation as to the amount paid to class members must be filed on or before April 13, 2023. Explanation: Final Approval of Settlement California Rules of Court, rule 3.769(g) states: “Before final approval, the court must conduct an inquiry into the fairness of the proposed settlement.” Subsection (h...

Excerpt: ...tial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Code Civ. Proc., § 36, subd. (a).) “Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for ph...

Excerpt: ...pond to discovery. (Code Civ. Proc. §§ 2023.010, subd. (g); 2030.290, subd. (c); 2031.300, subd. (c).) To strike plaintiff's complaint and dismiss the action against defendant Teri Elizabeth McMichael. The court intends to sign the proposed judgment as to defendant Teri Elizabeth McMichael only. To deny defendant Uber Technologies, Inc., Rasier, LLC, and Rasier‐CA, LLC's joinder regarding terminating sanctions. To grant defendant Uber Technol...

Excerpt: ...in the action. Plaintiff asserts that the terms “Individually and as Executrix of the Estate of Kent L. Kilburn, deceased” were inadvertently omitted from the caption of the First Amended Complaint(“FAC”) as a result of a clerical error and that it is apparent by the face of the FAC that plaintiff intended to bring suit in her individual and representative capacity. Plaintiff has met the formalities required of a motion to amend the first...

Excerpt: ...of mandate filed pursuant to Section 1088.5 presents no triable issue of fact or is based solely on an administrative record, the matter may be determined by the court by noticed motion of any party for a judgment on the peremptory writ.” This motion presents only issues of law. The inquiry in a writ of administrative mandate includes whether “the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial;...

Excerpt: ...vered by the agreement. The party opposing the motion must then prove by a preponderance of evidence that a ground for denial of the motion exists (e.g., fraud, unconscionability, etc.). (Rosenthal v. Great Western Fin'l Securities Corp. (1996) 14 Cal.4th 394, 413‐414; Hotels Nevada v. L.A. Pacific Ctr., Inc. (2006) 144 Cal.App.4th 754, 758; Villacreses v. Molinari (2005) 132 Cal.App.4th 1223, 1230.) There is a strong public policy in favor of ...