Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

Excerpt: ...d to permit them to retain counsel and submit their formal opposition to the application for right to attach order. The court granted relief August 30, 2022; however, defendants later filed a notice of stay showing they had sought bankruptcy relief August 23, 2022, prior to the date the court granted the RTAO. The bankruptcy was later dismissed; plaintiff applied ex parte for issuance of the RTAO; the court set this matter for hearing, with a sch...

Excerpt: ...order consolidation of actions involving a common question of law or fact. (Code Civ. Proc., § 1048, subd. (a).) Here, both matters involve the same real property known as 8021 Eagle View Lane, Granite Bay, CA 95746. Tucker contends she is entitled to continued possession of the premises as equitable or legal owner of the subject property by virtue of her having been deemed the last and highest bidder as a statutorily eligible tenant buyer under...

Excerpt: ...r by the opposing party. Plaintiffs rely on Weiler v. Marcus & Millichap Real Estate Investment Services, Inc. (2018) 22 Cal.App.5th 970 for the proposition that when a party is unable to afford to continue arbitration, that party may seek relief from the superior court. However, the Weiler case involved a party who had engaged in arbitration in good faith for years. Plaintiffs present no evidence they have engaged in arbitration. Plaintiffs pres...

Excerpt: ...motion for summary judgment where there are no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the oppo...

Excerpt: ...aration in support of motion for preliminary injunction was filed on June 25, 2020 and Andrew R. Cassano's declaration was filed August 10, 2020, but not as to the truth of the assertions contained therein. Plaintiff's objection number 21 is sustained. Plaintiff's objections are otherwise overruled. As plaintiff correctly points out, defendant's responses to plaintiff's SSUMF and defendant's SSDMF are not formatted correctly. (Cal. Rules of Court...

Excerpt: ...f Steven Alves seeks summary adjudication as to his first cause of action for breach of contract and second cause of action for misappropriation of trade secrets. A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defen...

Excerpt: ...he commencement and prosecution of such action" are recoverable by a prevailing plaintiff. Defendants oppose the requested fees and costs and expenses. In the current request, plaintiff seeks $440,677.00 in attorney fees plus a .5 enhancement multiplier of $220,368.50, plus costs and expenses of $47,760.39, totaling $708,775.89. 4 Determination of reasonable fees begins with the lodestar method where in the court determines the number of hours re...

Excerpt: ...e of action or when the complaint is uncertain. (Code Civ. Proc. § 430.10, subds. (e), (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 (6th Dist. 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. (2d Dist. 1981) 123 Cal.A...

Excerpt: ...ic Richfield Co. (2001) 25 Cal.4th 826, 850. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, the burden shifts to the opposing party to make a prima facie showing of the existence of a triable issue of material fact. Aguilar v. Atlantic Richfield Co., supra, 25 Cal.4th at 850. Plaintiff submits admissible evidence which establishes the existence of a wri...

Excerpt: ...erson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. However, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. Id. A demurrer for uncertainty is ap...

Excerpt: ...here the pleading does not state facts sufficient to constitute a cause of action or when the pleading is uncertain. Code Civ. Proc. §§ 430.10(e) & (f). A demurrer tests the legal sufficiency of the pleadings, not the truth of the plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and accepts as true all facts that may be...

Excerpt: ...he plaintiff's allegations or the accuracy of the described conduct. Bader v. Anderson (2009) 179 Cal.App.4th 775, 787. The court assumes the truth of all facts properly pleaded, and 4 accepts as true all facts that may be implied or reasonably inferred from facts expressly alleged, unless they are contradicted by judicially noticed facts. Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6. A plaintiff need not plead facts with specificity where th...

Excerpt: ...tions of the complaint is dropped as moot. Subsequent to filing the motion to strike, an amended complaint was filed which appears to recast the allegations of the complaint and add at least one additional defendant. The court also notes that this matter was automatically stayed by defendant's vexatious litigant motion, infra, by operation of C.C.P. § 391.6. 9 Vexatious litigant motion Defendant Cynthia Woodburn moves to deem plaintiff Davood Kh...

Excerpt: ...iled October 11, 2022. The memorandum of costs states total costs in the amount of $210,246.38. “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.” (Ladas v. Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) Alternatively, where items are properly put in issue by objection, the burden of proof is on the party claiming the...

Excerpt: ...ill be served by the severance of the fourth, fifth, or sixth causes of action in the FACC. There has also been an insufficient showing of prejudice to warrant a severance of these causes of action. The court also finds the convenience of the parties and ends of justice support hearing these claims with the remainder of the litigation pending in Placer County. Plaintiffs'/Cross‐Defendants' (Plaintiffs') Demurrer to the First Amended Cross‐Com...

Excerpt: ...ospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is the petitioner that carries this initial burden of proving, by a preponderance of the evidence, the existence of a valid ar...

Excerpt: ...t adding several causes of action, two defendants, and many additional facts. The court may permit a party to amend a pleading in the furtherance of justice and on such terms as may be just. (Code Civ. Proc., §§ 473(a)(1), 576.) Leave to amend is generally exercised liberally provided there is no showing of prejudice to the opposing party. (Howard v. County of San Diego (4th Dist. 2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (4th...

Excerpt: ...ions or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) An unlawful detainer complaint must be verified. (Code Civ. Proc., § 1166(a)(1).) Here, defendant contends the first amended complaint is not verified by a party...

Excerpt: ...other parties to the action at least 75 days before the time appointed for the hearing. (Code Civ. Proc., § 437c, subd. (a)(2).) Defendants' motion is not supported by sufficient notice. Accordingly, Vincent Procopio and Joe Procopio's motion for summary judgment is denied; Vincent Procopio and Joe Procopio's motion for summary adjudication is denied. 3 Defendant John Procopio's Motion for Summary Judgment or, in the Alternative, Summary Adjudic...

Excerpt: ...arte applications seeking the same relief, which relief was denied on October 19, 2022, November 2, 2022, and November 7, 2022. Plaintiff's second ex parte application was identical to the first ex parte application. Plaintiff's third ex parte application contained additional information. However, the third ex parte application was denied as it presented a motion for reconsideration without compliance with the requirements of Code of Civil Proced...

Excerpt: ...he Los Lagos community in Granite Bay; and (4) an order prohibiting attorney Meister from entering PCI's building during the pendency of these proceedings. For the reasons set forth below, the court grants the motion in part. During the pendency of this action, counsel for plaintiff shall be prohibited from contacting defendants directly other than through defendants' counsel of record. The motion is otherwise denied. The motion before the court ...

Excerpt: ... medical negligence claim. Because mere duplication of claims is not a basis to sustain a demurrer, the demurrer is overruled. Blickman Turkus LP v. MF Downtown Sunnyvale LLC (2008) 162 Cal.App.4th 858, 890. Sean Selig's claim for negligent infliction of emotional distress is insufficiently pleaded. The allegations in the first amended complaint regarding Dr. Nelson are very few, including that she is a medical doctor (¶¶ 7‐8), that she began...

Excerpt: ... in the pleadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (2d Dist. 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.) Plaintiff's complaint alleges the Tenant Protection Act of 2019 (“TPA”) applies to the premises. (Complaint ¶ 7b.) Plaintiff'...

Excerpt: ...ainst her in a prior Placer County case, S‐CV‐0048033. Between them, defendants filed two special motions to strike. Pocklington and AREG's Special Motion to Strike Pursuant to Code of Civil Procedure section 425.16 On its own motion, the court takes judicial notice of the court's file in related matter SCV‐0048033. A motion brought under Code of Civil Procedure section 425.16, also known as an antiSLAPP motion, is a procedural remedy desig...

Excerpt: ...t appear on the face of the challenged pleading or be based on facts which the court may judicially notice. C.C.P. § 438(d). As with a demurrer, the court must assume the truth of the factual allegations of the complaint. Wise v. Pac. Gas & Electric Co. (2005) 132 Cal.App.4th 725, 738. The motion is denied with respect to the first cause of action for breach of contract, the third cause of action for quantum meruit, and the tenth cause of action...

Excerpt: ...rts, LLC (hereinafter, “Alpha”) and Sierra Central Credit Union (hereinafter, “Sierra Central”) pursuant to Code of Civil Procedure sections 1281.97 and 1281.99. Code of Civil Procedure section 1281.97(a) states: In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration administrator, the drafting party to pay certain fees and costs before the ar...

Excerpt: ...ses or where breach occurs, or where the principal place of business is located. Code of Civil Procedure § 395.5. In support of the motion, Balboa relies cites to a portion of its contract with plaintiff and arguments concerning the nature of the claims and its role in the facts giving rise to the complaint. Balboa's reliance on the contract language is unavailing. The language cited includes an agreement that the subject contract is "deemed to ...

Excerpt: ...e no triable issues of fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) The defendant bears the initial burden of establishing that one or more elements of the cause of action cannot be established or that there is a complete defense to the cause of action. (Id. subd. (p)(2).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of mate...

Excerpt: ....40. The notice of motion does not indicate the amount of costs sought as required. (Code Civ. Proc., § 685.080, subd. (b).) The court requested supplemental briefing on the effect of a defective notice. Judgment creditors contend an omission in a notice may be overlooked if the supporting papers make clear the relief sought. (Luxury Asset Lending LLC v. Philadelphia Television Network, Inc. (2020) 56 Cal.App.5th 894; Luri v. Greenwald (2003) 10...

Excerpt: ... September 8, 2021. On or about November 8, 2021, Commissioner Holley issued a decision finding in favor of respondent, and dissolving the temporary restraining order. Larson filed and served a Notice of Entry of Judgment or Order with respect to Commissioner Holley's decision on November 29, 2021. Larson subsequently moved for attorneys' fees as the prevailing party. Commissioner Holley heard Larson's motion for attorneys' fees on January 20, 20...

Excerpt: ... party and plaintiff and judgment creditor Kari Martinez move the court for leave to late‐file a renewal of judgment for a money judgment entered for plaintiffs and against defendant on January 20, 2012. Moving party sought to file a renewal of judgment in August 2022 and was denied. Moving party filed the instant motion on September 28, 2022. The motion is denied. A renewal of a lump sum money judgment must be filed before the expiration of 10...

Excerpt: ...iled two oppositions to the motion, as explained further, infra. The court thereafter set the motion for hearing and served notice of hearing as required by Code of Civil Procedure 661. No reply to the two oppositions or to the request for judicial notice was filed. Caputo's request for judicial notice is granted. The notice of intention to move for new trial was not timely filed. Judgment was entered by the court August 3, 2022, and served by th...

Excerpt: ...demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 1981) 123 Cal.App.3d 593, 604.) However, 12 the court does not assume the truth of contentions, deductions, or ...

Excerpt: ... fails to state facts sufficient to constitute a cause of action and liability against them is preempted by the Graves Amendment. (49 U.S.C. § 30106.) The demurrer is sustained. A party may demur where the pleading does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 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 conduc...

Excerpt: ...the prior demurrer was sustained, Weaver filed a second amended cross‐complaint on July 29. This document includes a caption identifying 11 causes of action and, within the cross‐complaint, includes 9 causes of action numbered 1 through 7, 11 and 12. It includes 117 paragraphs of allegations with a prayer of 14 paragraphs and approximately 30 pages of exhibits. Later the same day, Weaver filed a "notice of errata" explaining that the previous...

Excerpt: ...n Associates LLC. Although the motion also sought summary adjudication of the 3d and 4th causes of action for fraudulent concealment and fraudulent misrepresentation, Steele and Sackheim have dropped their request for that relief. A party may move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts establishing every element necessary to sustain a ...

Excerpt: ... notice are granted. Plaintiff's objections thereto are overruled. Plaintiff submits “judicial notice of facts,” which the court considers to be a request for judicial notice. Plaintiff's requests for judicial notice are denied as they are not proper for judicial notice pursuant to Evidence Code sections 452 or 453. Further, the request does not comply with California Rules of Court rule 3.1306(c). Plaintiff's objections to defendants' exhibi...

Excerpt: ... be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted[.]” (Ibid.) A motion to set aside default must be made “within a reasonable time, in no case exceeding six months” from the entry of default. (Ibid.) Here, defendant's motion does not provide grounds of mistake, inadvertence, surprise, or excusable neglect leading up to the entry of default. While defendant ...

Excerpt: ...ing to defendants' affirmative defenses or the allegations in plaintiff's complaint and information regarding recordings of the incident. Defendant provided responses in April 2022. The parties met and conferred and defendant provided further responses in July 2022 including video surveillance from September 13, 2021. In preparation for these further responses, defendant had reviewed the surveillance footage and produced surveillance from the dat...

Excerpt: ... for judicial notice is granted as to the three exhibits attached to the request only. (Cal. Rules of Court, rule 3.1306(c).) Defendant's objection to the declaration of counsel Kelsey Fischer and Exhibit 1 thereto is sustained and the same are stricken. Ruling on the Motion Defendant moves for judgment on the pleadings. A motion for judgment on the pleadings has the same function as a demurrer but is brought when the time for a demurrer has expi...

Excerpt: ...vil Procedure section 685.080(b). The motion is continued to permit the moving party the opportunity to provide further briefing on the issue. Judgment creditors' further briefing shall be filed by October 25, 2022. Any response from judgment debtors shall be filed by November 1, 2022. Judgment Creditors' Motion for Enforcement Costs (filed 7‐11‐2022) Judgment creditors seeks recovery of enforcement costs from judgment debtor Mark Ellis. Judg...

Excerpt: ...ing does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 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 (6th Dist. 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. (2d Dist. ...

Excerpt: ...or the accuracy of the described conduct. (Bader v. Anderson (6th Dist. 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. (2d Dist. 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.) Plaintiff'...

Excerpt: ....P. § 877, the settlement of a joint tortfeasor must be made in good faith with respect to the remaining defendants. Id. & C.C.P. § 877.6. "The party asserting the lack of good faith shall have the burden of proof on that issue." Id. at subdiv. (d). In determining whether a settlement was entered into in good faith, the court will consider several factors: a rough approximation of plaintiff's total potential recovery and the settling defendant'...

Excerpt: ...ublic policy in favor of arbitration that is frequently approved and enforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2d Dist. 2010) 189 Cal.App.4th 1399, 1405.) Under both federal and state law, a threshold question for any petition to compel arbitration is whether there exists an agreement to arbitrate. (Cruise v. Kroger Co. (2d Dist. 2015) 233 Cal.App.4th 390, 396.) It is ...

Excerpt: ...uest for judicial notice is granted. Plaintiffs' request for judicial notice is granted. Plaintiffs' objections to portions of the declaration of Matthew Recore are overruled. Plaintiffs' objection 1 to the declaration of Chris Airola is sustained; all other objections are overruled. Defendants' objections to the declaration of Lina Drake are overruled. 3 Ruling on the Motion A party is entitled to bring a motion for summary judgment where there ...

Excerpt: ... move for summary adjudication as to one or more causes of action. Code Civ. Proc. § 437c(f)(1). The moving party has the burden of showing undisputed facts establishing every element necessary to sustain a judgment in favor of the party. Consumer Cause, Inc. v. Smilecare (2001) 91 Cal.App.4th 454, 468. If the moving party carries its initial burden of production to make a prima facie showing that there are no triable issues of material fact, th...

Excerpt: ...showing 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. (Code Civ. Proc., § 1008; Shiffer v. CBS Corp. (1st Dist. 2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the 2 information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it at trial...

Excerpt: ...25) and nos. 136‐137 (following the original ¶ 137). Where the court refers to repeated paragraph numbers herein, the second instance of each number is designated by an asterisk (e.g., 115*). If the complaint is amended (see below), the amended complaint should comply with all applicable Rules of Court. Demurrer to complaint by First American, Bernier, and McDermott Defendants First American Title Company, Jessica Bernier, and Caryn McDermott ...