Excerpt: ...xtinguishment of the deed of trust because they have now paid off the loan in full, they have not presented any admissible evidence to support their asserted facts. The only evidence submitted in support of the application is the declaration of plaintiffs' counsel, who does not appear to have personal knowledge of the facts to which he testifies. (See declaration of Ian Brady filed on March 14, 2022.) Therefore, his statements regarding the owner...

Excerpt: ...ntal declaration by his attorney to challenge certain procedural aspects of the motion, arguing as follows: (1) the motion was untimely served under Code of Civil Procedure section 1005, subdivision (b); (2) the motion was untimely filed pursuant to California Rules of Court, rule 3.1702(b)(1); (3) the motion should not be heard as the parties are involved in an arbitration that was set to commence on December 5, 2022; (4) the moving papers are d...

Excerpt: ...laintiffs are entitled to judgment on the pleadings with regard to their contract and specific performance claims, although not their fraud claim, as defendant had been deemed to have admitted the truth of plaintiffs' claims when he failed to respond to plaintiffs' requests for admissions. (Court's Order of July 20, 2022, pp. 6‐8.) However, the court also found that plaintiffs needed to prove up their damages before obtaining a final judgment o...

Excerpt: ...Brandi Marie Smith to Request for Admissions, Set One, and Request for Sanctions By Plaintiffs for an Order Compelling Initial Responses from Defendant Raquel Morelos to Form Interrogatories, Set One; Special Interrogatories, Set One; and Request for Production of Documents, Set One; and Request for Sanctions By Plaintiffs for an Order Deeming Admissions of Defendant Raquel Morelos to Request for Admissions, Set One, and Request for Sanctions Ten...

Excerpt: ...alescent Hospital v. Sup. Ct. (Sims) (2006) 143 Cal.App.4th 1558, 1562‐63.) Defendant's motion for protective order prohibiting Ms. Hare's deposition or, in the alternative, limiting the scope of Ms. Hare's deposition is rendered moot. Explanation: Defendant seeks a protective order prohibiting the deposition of Ms. Hare or, in the alternative, limiting the scope of Ms. Hare's deposition to identifying the sources of information contained in he...

Excerpt: ... Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) As in demurrers, grounds for the motion must appear on the face of the challenged pleading or on facts which the court may judicially notice. (Saltarelli & Steponovich v. Douglas (1995) 40 Cal.App.4th 1, 5.) When reviewing a pleading, a demurrer or motion for judgment on the pleadings admits the truth of all material allegations and a court will “give the complaint a reasonable interpreta...

Excerpt: ...or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐ obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc. § 877.6(a)(1).) “A determination by the court that the settlement was made in good faith shall...

Excerpt: ... the clerk's service of this order. New or different allegations in the second amended complaint are to be set in boldface type. Explanation: General Demurrer A party may file a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [“‘A demurrer can be utilized where the complaint itself is inc...

Excerpt: ...er judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) “Code of Civil Procedure section 664.6 provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement… The court retains jurisdiction to...

Excerpt: ...the motion as to Request Nos. 3, 5, and 6‐9. Defendant shall provide further verified responses, and produce all relevant documents and a privilege log if necessary, within 30 days of the date of service of the order by the clerk. Explanation: Plaintiffs move to compel further responses to their Request for Production of Documents, Set Two, which are broadly divisible into the following three categories: (1) all documents relating to the subjec...

Excerpt: ...ehicle ensued which form the basis of the Complaint for damages. Plaintiff brought two causes of action against each of defendant Lithia NF, Inc. (“Lithia”), and the moving defendant Nissan North America, Inc. (“Nissan”), for express and implied violations of the Song‐Beverly Act regarding warranties. Compel Arbitration Nissan moves to compel arbitration on an arbitration clause in a retail installment sales contract (“RISC”) made b...

Excerpt: ...dure authorizes a class action when ‘the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court.' ‘[W]e have articulated clear requirements for the certification of a class' under this statute. ‘The party advocating class treatment must demonstrate the existence of an ascertainable and sufficiently numerous class, a well‐defined communi...

Excerpt: ...ts the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal.App.4th 81, 93‐95.) “Confronted with a request for settlement‐only class certification, a dist...

Excerpt: ...ggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” (Civ. Code, § 1794, subd. (d).) The statute “requires the trial court to make an initial determination of the actual time expended; and then to ascertain whether under all the circumstances of the case the amou...

Excerpt: ...n: Notice of Hearing Following the progression of the asserted instruments, it appears that plaintiff has a basis for bringing this action. Assuming such evidence is admitted at the hearing, there appears a presumptive basis to grant the proposed judgment. Nevertheless, reflecting the general uniqueness conferred to real property, quiet title proceedings do not follow the typical path toward obtaining judgment. (Harbour Vista, LLC v. HSBC Mortgag...

Excerpt: ...within 10 days of the date of service of this order. Explanation: This action stems from a fire that occurred at plaintiffs' home on July 4, 2018. Plaintiffs' original complaint, filed August 13, 2019, alleged the following causes of action against the moving parties: fifth cause action against defendant Nutting Enterprises, Inc. dba CPR Carpet and Restoration (“CPR”) for negligence; and seventh cause of action against CPR's surety, defendant...

Excerpt: ...r consistent with the court's summary adjudication ruling. Explanation: Summary Judgment/Adjudication A motion for summary judgment is generally directed toward an entire action or pleading. (Code of Civ. Proc., §437c, subd. (a).) By comparison “[a] party may move for summary adjudication as to one or more causes of action within an action ….” (§ 437c, subd. (f)(1).) Plaintiff's notice of motion confirms that the motion is directed to the...

Excerpt: ...ination in Violation of California's Fair Employment and Housing Act (“FEHA”); 2) Failure to Accommodate in Violation of FEHA; 3) Failure to Engage in a Good Faith Interactive Process in Violation of FEHA; 4) Retaliation in Violation of FEHA; 5) Associational DisabilityBased Discrimination in Violation of FEHA; 6) Discrimination and Retaliation in Violation of the California Family Rights Act; 7) Failure to Prevent Discrimination in Violation...

Excerpt: ...eement. Pursuant to California Code of Civil Procedure section 1281.2, On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The...

Excerpt: ...d, resulting in a balance of $90) in favor of defendant and against plaintiff and its counsel, jointly and severally, payable within 30 days of service of this order. (Cal. Rules of Court, rule 3.1348(a).) Explanation: The instant motions were filed on June 15, 2022. The opposition and reply papers confirm that code‐ compliant responses to the discovery at issue were served on August 15, 2022. Therefore, the court denies the instant motions as ...

Excerpt: ...ch the answer can be filed will run from service by the clerk of the minute order. To grant defendants' motion to strike the prayer for punitive damages and the allegations at paragraph 29 and 36 as to defendant Anderson only, that his conduct was “malicious and oppressive and warrants the imposition of punitive damages.” (Code Civ. Proc., §§ 436, 425.13.) The striking of the punitive damages allegations is without prejudice to plaintiffs f...

Excerpt: ...ure §473(d). Effectuating service on “Brandon – Person apparently in charge” at the purported “business office or usual place of business” was improper. A defunct business organization has no office or usual place of business. The Proof of Service indicates service at a “business address.” However, the unrefuted evidence establishes that 10 Seasons Court is a residential address. No one by the name of “Brandon” lives or works a...

Excerpt: ...settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. (Code Civ. Proc., § 664.6, subd. (a).) Here, the parties entered into a written settlement agreement including a stipulation for entry of judgment in the event defendant failed to pay the amounts it agreed to pay under the settlement agreement, and then failed to cure its default. It does not appear to be disputed that alt...

Excerpt: ...on to Strike Portions of the Second Amended Complaint Tentative Ruling: To sustain all defendants' demurrers to the first cause of action for failure to state facts sufficient to constitute a cause of action, with leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) To grant the motion to strike, in part, and deny, in part. The allegations pertaining to a physician or surgeon's statutory duty to report a patient diagnosed with a condition cha...

Excerpt: ... Civ. Proc., § 2025.480, subd. (j).) Explanation: Plaintiff in this action asserts various causes of action alleging sex abuse as a minor committed by teacher and defendant Stacey Aprile, employed by defendant Clovis Unified School District. Based on plaintiff's allegations of sexual assault, California Commission on Teacher Credentialing (“CCTC”) conducted an investigation into plaintiff's allegations against Aprile. On March 1, 2022 plaint...