Excerpt: ... redact where inclusion is necessary, the following identifiers from all pleadings and other papers filed in the court's public file, whether filed in paper or electronic form, unless otherwise provided by law or ordered by the court: (1) Social security numbers.” Defendant should be prepared to tell the court at the hearing on this matter how it intends to promptly remedy this issue. The arbitration provision at issue provides: I and the C...

Excerpt: ...5, 834.) Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning. (Fremont Indem. Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113‐14 (citations and internal quotations omitted).) In addition, judges “consider matters shown in exhibits attached to the complaint and incorporated by reference.” (Performance Plastering v. Richmond American Ho...

Excerpt: ...ntry of Default Judgment for March 1, 2018, at 8:30 a.m. Because this case involves a quiet <01b5011e0190019a000301 0128017d016f016f017d>wed by a live evidentiary hearing. (Yeung v. Soos (2004) 119 Cal.App.4th 576, 582.) The court shall not impose monetary sanctions in connection with the motion for sanctions in light of the court's imposition of terminating sanctions. Plaintiff's Motion (1) to Deem Admitted Requests for Admission, Set One, (2) t...

Excerpt: ...apers, when required, must be upon the attorney instead of the party.” (Code Civ. Proc., § 1015. See also CRC 1.21(a) (“Whenever a document is required to be served on a party, the service must be made on the party's attorney if the party is represented.”); People v. Bouchard (1957) 49 Cal.2d 438, 440 (“service can be made upon the attorney of record after entry of judgment in a civil case where there has been no substitution in the ...

Excerpt: ... cause of action for intentional infliction of emotional distress. Defendants request the court take judicial notice of the business entity detail from the Secretary of State's website for each Defendant. The request is GRANTED. (Evid. Code § 452(h); Friends of Shingle Springs Interchange, Inc. v. County of El Dorado(2011) 200 <005100520057004c004600 0057004c0049004c0046[ate of status issued by Secretary of State); Rubin v. Padilla(2015) 233 Cal...

Excerpt: ...ial interest under said Deed of Trust.” By taking judicial notice of the First Substitution, the court does not take judicial notice of this fact, because it is hearsay and it cannot be considered not reasonably subject to dispute.”).) The Court may also take judicial notice of the legal effect of such documents. (Id.) Therefore, the request is GRANTED as to Defendants' request to take judicial notice of the Assignment of Deed of Trust record...

Excerpt: ...ies in proportion to their interests. (Finney v. Gomez (2003) 111 Cal.App.4th 527, 548; CCP § 874.040.) Moreover, the Complaint does not assert the value of the repairs sought from Defendant in this action. Therefore, entry of the judgment sought would be improper. The circumstances of the present case are identical to those presented in Finney, supra. The court specifically held that “Plaintiffs seeking an equitable partition and accounting h...

Excerpt: ... request is GRANTED as to the operative SAC only. (RJN Ex. D.) (Evid. Code § 452(d).) The remaining documents filed in this action are irrelevant to whether the SAC is properly subject to a motion to strike. (People ex rel. Lockyer v. Shamrock Foods Co. (2000) 24 Cal.4th 415, 422 n.2 (“any matter to be judicially noticed must be relevant to a material issue.”).) Defendant FPI improperly requests the court take judicial notice of the fact tha...

Excerpt: ...ch v. Shahrokhkhany (1997) 56 Cal.App.4th 511, 513.) The Sixth Amended Complaint contends that the notice was served on March 14, 2017 by leaving a copy with “Female Employee/Manager at Restaurant.” (Sixth Am. Compl. ¶ 8(a)(2).) The proofs of service is attached as Exhibit 3. (Id. ¶ 8(d).) Exhibit 3 consists of two proofs of service. “[F]acts appearing in exhibits attached to the complaint will also be accepted as true and, if contrary to...