Excerpt: ...rbitration is denied. A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) he moving party carries this initial burden by proving, by a of the evidence, the existence of a valid arbitration agreement. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972.) The opposing party may then produce evidence to cha...

Excerpt: ...y adjudication as to the third and fourth causes of action of plaintiff's second amended complaint. Evidentiary Rulings Defense counsel made no efforts to meet and confer as the Local Rules require for all motions on the Civil Law and Moton calendar. However, this is not a basis on which to rule on such a motion. Further, there is no statutory obligation to meet and confer for such a motion and the court observes a dispositive evidentiary motion ...

Excerpt: ...aintiff's allegations or accuracy of the described conduct. (Bader v. Anderson 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of law. (Genesis Environment Services v. San Joaquin Valley Unified Ai...

Excerpt: ...numbers 1 and 2 are sustained; the objections are otherwise overruled. Plaintiff's objections numbers 1 and 2 are sustained; the objections are otherwise overruled. Defendant's objections to plaintiff's reply filed October 31, 2023 are overruled in their entirety. Plaintiff submitted new evidence together with her reply brief. Defendant filed a suropposition. The court exercises its discretion and considers all briefing and supporting papers in t...

Excerpt: ...hat the overriding interest will be prejudiced if the records are not sealed. The court further finds that the sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The following documents are ordered sealed: 8 Copies of the above documents will be sealed and maintained in the court's electronic file and shall be available only to...

Excerpt: ...8.10, subd. (a)(l).) This includes both personal jurisdiction and subject matter jurisdiction. (Boisclair v. Superior Court (1990) 51 Cal.3d 1140, 1144.) A challenge to the court's jurisdiction based on the doctrine of tribal sovereign immunity may also be raised by a moton to quash. (See Self v. Cher-Ae Heights ndian Community of Trinidad Rancheria (2021) 60 Cal.App.5th 209, 215.) When determining whether 2 tribal sovereign immunity exists for a...

Excerpt: ...pecial motions to strike, three demurrers to the complaint, one moton to strike portions of the complaint, and plaintiffs' motion to remove the case to federal court. Defendants' request for judicial notice is granted. The moton is denied. A motion for reconsideration requires a showing by affidavit of new or different facts, circumstances, or law along with a satisfactory explanation as to why the evidence was not presented at an earlier time. (...

Excerpt: ... truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (20436) 38 Cal.4th 1, 6.) Th...

Excerpt: ...amount is fixed or readily ascertainable not less than $500. (Code Civ. Proc., S 483.010, subd. (a).) Ascertainable damages must be measurable by the contract or by reference to the contract itself and the basis for computing damages must be reasonable and certain. (CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541.) "A claim has 'probable validity' where it is more 15 likely than not that the plaintiff will o...

Excerpt: .... at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations orthe accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The 16 allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or c...

Excerpt: ...e of action. (Code Civ. Proc. S 430.10, subd. (e).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 504.) However, the court does not assume the truth...

Excerpt: ...The court now considers consolidation of the consolidated unlawful detainer matter, SCV-[n50143, with the breach of contract case, In the breach of contract case, plaintiff's complaint alleges (1) breach of lease, (2) and (3) breach of guaranty, and (4) foreclosure of deed of trust. Plaintiff subsequently dismissed the fourth cause of action. Defendant filed a cross-complaint alleging (1) declaratory relief, (2) injunctive relief, (3) breach of c...

Excerpt: ...ice is granted pursuant to Evidence Code section 452(d) to the extent the dtNuments presented are filed documents in the court's file. The court dæs not accept as true the allegations contained within several of those court filings. Plaintiff's request to present oral testimony pursuant to California Rules of Court rule 3.1306 is denied as the request is not supported by good cause. 7 Defendant's opposition was untimely filed without explanation...

Excerpt: ...hen "an application for relief is made no more than six months after entry of judgment ... and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect." (Civ. Proc. S 473, subd. (b).) Further, the motion must include a copy of the answer or other proposed pleading to be filed. (Ibid.) If an applicant meets the requirements for the mandatory relief provision, the court must relieve the ap...

Excerpt: ...3, subdivision (b). (Code Civ. Proc. § 473, subd. (b).) The default entered against cross-defendant Lube Buster, Inc. on June 27, 2023, as to cross- complainant Adel Abdo's cross-complaint is set aside. The default entered against cross-defendant Lube Buster, Inc. on June 28, 2023, as to cross-complainant Mahmoud Nassif 's cross-complaint is set aside. The court declines to consider the request to set aside default judgment as no default judgmen...

Excerpt: ...ng (1) breach of contract, (2) fraud, (3) cancellation of instrument, (4) partition, and (5) intentional interference with contract. Young's request for judicial notice is granted. The court may order consolidation of actions involving a common question of law or fact. Civ. Proc., S 1048, subd. (a).) "[T]itle issues generally cannot be raised in unlawful detainer actions. [Citation.)" (Struiksma v. Ocwen Loan Servicing, LLC (2021) 66 Cal.App.5th ...

Excerpt: ...party seller, but not defendant manufacturer. The warranty book is not signed by any party. On June 28, 2022, the court granted defendant's motion and compelled the matter to arbitration. In so ruling, the court found defendant was a thirdparty beneficiary of the RISC and defendant could therefore enforce the arbitration provision therein. Similarly, as to the warranty book, the court found plaintiff's claims against defendant relate directly to ...

Excerpt: ...f will prevail in the litigation. (Code Civ. Proc. S 391.1(a).) "Security" means an undertaking to assure payment to the party for whose benefit the undertaking is required to be furnished or the party's reasonable expenses including attorneys' fees. (Code Civ. Proc. S 391(c).) Plaintiff has been declared a vexatious litigant. (Declaration of Rachel D. Hamilton, 92, Exh. A.) Plaintiff was declared a vexatious litigant on April 26, 2021, based on ...

Excerpt: ...is on which to rule on such a motion. Judgment creditor's request for judicial notce is granted. The unopposed motion is granted. (Code Civ. Proc., SS 708.020, 2030.290.) Judgment debtor is ordered to provide responses, without objections, to judgment creditor's interrogatories set one within 21 days of service of notice of this order. Judgment creditor's request for sanctions is denied as the motion was unopposed and judgment creditor failed to ...

Excerpt: ...aintiffs' objection number 3 to portions of the declaration of Bryan Kreft is sustained. Plaintiffs' objections are otherwise overruled. Plaintiffs' motion for trial preference is granted. The court finds plaintiff Nan Shaw is over 70 years of age, has a substantial interest in the action as a whole, and her health is such that preference is necessary to prevent prejudicing her interest in the litigation. (Code Civ. Proc., S 36, subd. (a).) While...

Excerpt: ...ot state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (f).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed tru...

Excerpt: ...onsidered the information therein. A party may demur where the court has no jurisdiction of the subject of the cause of 11 action alleged in the pleading. (Code Civ. Proc. S 430.10, subd. (a).) A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbab...

Excerpt: ...swer on September 2, 2022. The court requests County of Placer Office of Education to provide an endorsed filed copy of their answer to the court by p.m. on October 3, 2023. The court apologizes for the inconvenience and thanks the County of Placer Office of Education for its cooperation. Ruling on Motion Plaintiff's unopposed motion to seal is granted. Court records are presumed to be open to the public unless confidentiality is required by law....

Excerpt: ...ith attempt to resolve the issue informally. (Code Civ. Proc., SS 2030.300, subd. (b)(l), 2015.040; Local Rule 20.2.1.) While plaintiffs present evidence of their attempts to meet and confer leading up to the filing of the instant motion, defendant submitted a responsive meet and confer letter after the moving papers were filed indicating a willingness to further meet and confer and a willingness to provide further responses upon the execution of...

Excerpt: ...ct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) The court may only refer to matters outside the pleading that are s...