Excerpt: ...r law.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal sufficiency of the pleading. It admits the truth of all material factual allegations in the complaint; the question of plaintiff's ability to prove these allegations, or the possible difficulty in making such proof does not concern the reviewing court.” (Comm. on Children's Television, Inc. v. Gen. Foods Corp. (1983) 35 Cal.3d 197, 213‐ 14.) In reviewing...

Excerpt: ...entered against Defendant Berridge Wine Company, LLC on March 12, 2019, is hereby set aside. Clerk to give notice. The Court may, upon noticed motion of either party, set aside a void judgment. (Code Civ. Proc. §473, subs. (d)). The Court may also set aside a void default judgement on its own motion. (Security Pac. Nat'l Bank v. Lyon (1980) 105 CA3d Supp. 8, 13.) When a judgment is void, the Court must set it aside. (County of Ventura v. Tillett...

Excerpt: ...d costs and expenses in the amount of $38,039.59, for a total award of $266,234.59, following settlement of claims brought under the Song‐Beverly Consumer Warranty Act, Civil Code sections 1790, et seq. Plaintiffs and Defendant are in accord that Plaintiffs are entitled to costs and expenses including attorneys' fees, based on: a) actual time expended; which, b) the Court determines to have been reasonably incurred in connection with the action...

Excerpt: ...s that he would be testifying “regarding the surveyed location of the access road and easement, as well as possibly the topographical survey of the drainage area at issue in the complaint.” While Defendants certainly made clear throughout this litigation that they dispute Plaintiffs' claim that the easement at issue in this case is interrupted by a triangular encroachment, both sides have consistently referred to the 1978 survey as the operat...

Excerpt: ...th of the exam. Specifically, plaintiff argues Dr. Sarah Hall's time estimate is not consistent with the completion time the product manufacturers proscribe, an effective examination does not require a full administration of all of Dr. Hall's proscribed exams, and a two‐day sixteen‐hour exam is overly burdensome and a misuse of the discovery process. The Court takes each contention in turn. First, the product manufactures' proscribed time doe...

Excerpt: ... officer, from attending the depositions. (Code Civ. Proc., § 2025.420, subd. (b)(12); see Willoughby v. Super. Ct. (1985) 172 Cal.App.3d 890, 892 [parties have the right to attend depositions].) Even if the Court was authorized to issue such a protective order, defendants have not demonstrated good cause to overcome plaintiff's right to have Mark Holderbein, Chief Operating Officer, present at the depositions. Although another officer could att...

Excerpt: ... Republic General Insurance Corporation's Memorandum of Points and Authorities in Support of Motion for Leave to File Complaint in Intervention.” Second, the Court (Hon. Stone) granted XL Catlin's request to file a complaint‐inintervention on August 21, 2018, which was brought against defendants GS Trucking, G.S. Nahal Trucking, LLC, Swaranjit Kaur, Bay Area Trans, U.S.A. Trucking, Inc., Hakirat Singh Sran, and Kavr Rovin. XL Catlin dismissed...

Excerpt: ...erving Jurisdiction on the Issue of Attorneys' Fees, signed November 27, 2018, and entered November 28, 2018, is hereby vacated. Defendant's request for $7,425.00 in attorneys' fees for the cost of preparing its motion for an award of attorneys' fees (below), made in the Opposition Memorandum, is DENIED. The request is not made through a noticed motion. Moreover, Defendant fails to assert which sanction power(s) it would have the Court exercise. ...

Excerpt: ...al request to continue the trial date out far enough to file a summary judgment motion. The Court also allowed defendant to file a reply to the opposition. The reopening of discovery appears appropriate due to the production of documents that occurred on February 1, 2019, and the possible failure to exhaust the discovery process via the production of internal email communications. Defense counsel represents that it now believes this matter can be...

Excerpt: ...nquestionably a form of personal injury. (See Schwab v. Rondel Homes (1991) 53 Cal.3d 428, 432 [plaintiffs' emotional distress claim covered by Code of Civil Procedure section 425.10].) Swank's claim for emotional distress is not “incidental” to the causes of action in her complaint as one of the reasons she filed her pleading is due to the alleged emotional distress she suffered from the death of her dog. (See id. [an emotional distress clai...

Excerpt: ...dd an Indispensable Party is GRANTED. Plaintiff's Motion for Leave to File Sixth Amended Complaint to Add an Indispensable Party is DENIED. 1. PLAINTIFF'S REQUESTS FOR JUDICIAL NOTICE Plaintiff's Request for Judicial Notice is GRANTED in part. The Court takes judicial notice of: (a) Verified Complaint for Trespass, Foreceable Detainer, prescriptive Easement and Nuisance Abatement filed in this matter January 29, 2014, but not for the truth of the...

Excerpt: ...solve the dispute. Through the Complaint in this matter Plaintiffs allege that Defendant failed to make certain disclosures to Plaintiffs relating to Defendants sale to Plaintiffs of residential real property. The Complaint asserts six causes of action relating to the same set of general allegations. The nature and scope of the allegations set forth in the Complaint are typical for this type of case. Through the present motion, Plaintiffs assert ...

Excerpt: ...efendant's Request for Judicial Notice is GRANTED in part. The Court agrees that California Evidence Code section 452, subsections (c) and (h) permit the taking of judicial notice of the records and files of the California Agricultural Labor Relations Board (ALRB). (Medix Ambulance Service, Inc. v. Super. Ct. (2002) 97 Cal.App.4th 109, 114, Fowler v. Howell (1996) 42 Cal.App.4th 1746, 1749‐ 1750.) The Court takes judicial notice of the followin...

Excerpt: ...e Plaintiff's Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Complaint filed by Plaintiff Francis Wang in this matter, but not for the truth of the matters alleged therein. C. Background This case involves a dispute between neighboring property owners over rights to a strip of land along the boundary of their respective properties. Plaintiff alleges to have lived on property commonly known as 460 Stonecrest Drive f...

Excerpt: ...endant has engaged in certain business transactions with Third‐Party Grant Reynolds. Reynolds acknowledges that he holds a lien on certain of Defendant's property. In an effort to explore these relationships, on or about November 14, 2018, Plaintiff applied to the Superior Court in and for the County of San Diego for an order of examination of Mr. Reynolds. Mr. Reynolds objected. In an apparent effort to focus its resources, Plaintiff withdrew ...

Excerpt: ...ant/cross‐complainant Angelena Checchi's recent discovery responses and document production. If Checchi believes there is a lack of duty or that the allegations are deficient, she may utilize the appropriate code provision to challenge the amended pleading. The liberality of permitting amendment of a pleading outweighs Checchi's asserted prejudice of delay in proceeding to trial and incurring additional fees. RD Winery shall file its proposed f...

Excerpt: ...pp. Decl., ¶ 4.) The request for a privilege log is granted as there is no indication defendant produced a supplemental privilege log. (Sakaguchi Decl., ¶ 11.) Defendant shall provide a supplemental privilege log if it believes that certain files are privileged. (Code Civ. Proc., § 2031.240, subd. (b); Hernandez v. Super. Ct. (2003) 112 Cal.App.4th 285, 291‐92.) Defendant shall serve its privilege log within 10 calendar days of service of no...

Excerpt: ...dicial Notice is GRANTED in its entirety. 3. Plaintiffs' Procedural Objections to Defendants' Motion for Summary Adjudication Plaintiffs' procedural objections are OVERRULED. Plaintiffs argue that the Court should deny Defendants' Motion for Summary Adjudication because of asserted defects in Defendants' Notice of Motion and Separate Statement of Undisputed Facts. Specifically, Plaintiffs assert that certain language is not repeated in the two do...

Excerpt: ...pies. The Court's February 1, 2019 Minute Order stated, “Plaintiff has not complied with Local Rule 3.3. Plaintiff is directed to provide courtesy copies of e‐filed documents not later than February 8, 2019.” Plaintiff failed to provide courtesy copies. Plaintiff's counsel is cautioned that any further violation of Local Rule 3.3, or failure to comply with the Court's Orders in this matter will result in sanctions. A. Factual Background Pla...

Excerpt: ...nded opposition brief) and prior to the hearing on the Court's motion re: Dismissal, any issues relating to whether the class‐action may be properly maintained in light of the present ruling relating to the named‐plaintiff. A. Defendant's Request for Judicial Notice The Request for Judicial Notice by Defendant Queen of the Valley Medical Center (QVMC) is GRANTED as to (a) DLSE Counsel H. Thomas Cadell's June 3, 1991 opinion letter, (b) Wage O...

Excerpt: ...hough plaintiffs again failed to satisfy California Rule of Court, rule 3.1324, by stating in the supporting declaration where the new allegations are proposed to be added by page, paragraph, and line number, the Court overlooks the deficiency because exhibit B to the Jones declaration is highlighted to allow the Court to determine where the additional allegations were added. Plaintiffs shall file their proposed first amended complaint by Februar...

Excerpt: ...Terminating Sanctions (Exhibit E), and Notice of Entry of Judgment on Verdict (Exhibit F) in Case No. 26‐ 56249; and (2) case information from the Court's website (Exhibit G), complaint (Exhibit H), and May 7, 2014 Order (Exhibit J) in Case No. 26‐62431; and May 23, 2018 Minute Order (Exhibit M) in this case. For the pleadings, the Court does not take judicial notice of the truth of the matters asserted therein. The request is denied as to ex...

Excerpt: ...ment Quieting Title entered September 16, 2005 in Napa County Superior Court Case No. 26‐29788. (2) DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION TENTATIVE RULING: Defendants' Request for Judicial Notice is GRANTED. The Court takes judicial notice of the Fifth Amended Verified Complaint for Prescriptive Easement and Nuisance of Plaintiff Kathleen McBride filed March 27, 201...

Excerpt: ...pursuant to Civil Code section 3295. Preliminarily, the court voices its disappointment that counsel for both parties have filed these motions to be heard on the first day of trial, despite trial having been continued previously and despite knowing about the current trial date for the last four months. All of the issues raised in these motions have been patent to counsel for quite some time. Waiting this long to bring these issues to the court's ...

Excerpt: ...e claims on which the attachment is based are claims on which an attachment may issue; (2) plaintiff has established the probable validity of the claims on which the attachment is based; (3) the attachment is sought for no purpose other than the recovery on the claims on which the attachment is based.; and (4) the amount to be secured by the attachment is greater than zero. ...