Excerpt: ...ed, to compel Brogie's attendance at a deposition on or before May 22, 2023, and for monetary sanctions against Brogie (the "Brogie Motion"); and (2) motion to compel discovery responses, for RFAs to be deemed admitted, and for monetary sanctions against Fruition (the "Fruition Motion"). Asto both, they seek monetary sanctions. Neither Brogie nor Fruition have filed an opposition or other pleadings in response to these motions. The Martins have m...

Excerpt: ...ng." (Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 884, italics added.) Accordingly, "an amended complaint supersedes all prior complaints" and "furnishes the sole basis for the cause of action ...." (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130.) "[Tlhe original complaint ceases to have any effect either as a pleading or as a basis for judgment." (ld. at 1131, italics added; Anmoco, Inc. v. Boholken (1...

Excerpt: ..., Plaintiff's motion is denied in its entirety. Background Plaintiff alleges that on or about April 7, 2021, she was walking on or near South Auburn and Neal Street in Grass Valley. She tripped on or near a raised portion of the sidewalk adjoining an embedded television cable box and was injured as a result. Plaintiff sues GV and Comcast (owner of the cable box) alleging negligence and premises liability causes of action. Asto Grass Valley, Plain...

Excerpt: ...ted, it appears Plaintiff dismissed Kessler on her own motion and without an express agreement from Kessler to waive costs as a condition thereto. The dismissals instead resulted from Plaintiff's counsel's discussion with counsel for Co-Defendant Capellanio. The Court finds Defendant Kessler is a "prevailing party" within the meaning of Code of Civil Procedure section 1032(a)(4). To the extent the Court has discretion to find Kessler is not the "...

Excerpt: ...'s October 7, 2022, order is denied. Plaintiff's motion to continue the trial dates approximately ninety (90) days is granted. The currently set trial, pre-trial conference, and mandatory settlement conference dates are vacated. The Court intends to reset new dates for the same at the hearing and the parties shall meet and confer in advance to discuss agreeable dates. Discussion Background Plaintiff originally filed her complaint on January 26, 2...

Excerpt: ... Heger's appeal and the Third District Court of Appeal's ("Third District") issuance of a remittitur. The parties shall immediately notify the Court upon the resolution of the appeal and issuance of a remittitur. Discussion Heger previously brought a motion to compel arbitration in this matter. That motion was denied by Judge Pro Tem Bradrick on or about February 25, 2022. Heger thereafter filed a notice of appeal with this Court on August 23, 20...

Excerpt: ...laims. Her complaint alleges causes of action ("COA") for: (1) discrimination under the Fair Employment Housing Act ("FEHA"); (2) failure to accommodate in violation of the FEHA; (3) failure to engage in the interactive process under the FEHA; (4) "failure to prevent" in violation of the FEHA; (5) retaliation in violation of the FEHA; and (6) wrongful termination under the FEHA. The District now moves for summary judgment, or, in the alternative,...

Excerpt: ...nty's parking lot while leaving work at the Wayne Brown Correctional Facility ("WBCF") in Nevada City. Plaintiff asserts a single cause of action for a dangerous condition on public property and asserts that the "dangerous condition" was due to the presence of snow and/or ice in the parking lot. Defendant brings its motion for summary judgment challenging the sole cause of action. Defendant argues that the claim fails for six separate and distinc...

Excerpt: ...ment submitted by Plaintiff on April 18, 2023, Plaintiff requests that the action be "dismissed on the merits with prejudice and without costs to any party" subject to the Court's continuing jurisdiction with respect to the administration and enforcement of the agreement. This request appears to be contrary to Rule of Court 3.769(h), which states in pertinent part: If the court approves the settlement agreement after the final approval hearing, t...

Excerpt: ... by counsel for all parties. Defendants shall show cause why they should not be held in contempt for their prior failure to appear. Discussion Background Plaintiff's home was destroyed in a fire in April 2014 and he subsequently entered into a series of contracts with Domus Construction and Design Inc. ("Domus") for the purposes of reconstructing his home. Domus began work in spring 2014 and abandoned the work atthe end of 2021. Plaintiff paid th...

Excerpt: ...indemnity-type claims. For the reasons discussed more fully below, the motion is denied. Trial dates are confirmed as previously set. Discussion Code of Civil Procedure section 428.50 is the operative statute for present purposes. It provides that a permissive cross-complaint may be filed "at any time before the court has set a date for trial" or else with leave of court "in the interest of justice at any time during the course of the action." (l...

Excerpt: ... civil dispute first filed on December 2, 2019, surrounding an unsecured installment note from 2013. The terms of said note include a loan by Defendant to Plaintiff in the amount of $20,000. As security for this loan, Plaintiff transferred title of real property to Defendant with the understanding that Defendant would thereafter transfer title back once the loan was repaid. Plaintiff contends he tendered full payment in 2019 and demanded Defendan...

Excerpt: ... The Court intends to set new dates and the parties shall meet and confer before the hearing to discuss agreeable dates. Discussion In evaluating a motion for continuance, the Court is guided by consideration of the non-exclusive list of factors contained in Rules of Court, Rule 3.1332. (See also Oliveros u County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394 [abuse of discretion for court to grant continuance without considering Rule 3.1332 f...

Excerpt: ...s request for monetary sanctions is granted as prayed in the amount of (See Code of Civil Procedure SS 2030.300(d), 2031.300(c).) Discussion Rule ofCourt, Rule 3.1345 requires that any motion to compel further responses to RFAs or interrogatories "must be accompanied by a separate statement." (ld. at subd. The contents of the separate statement must "provide all the information necessary to understand each discovery request and all the responses ...

Excerpt: ...ss and for his continued failure to comply with the Court's prior discovery orders. Defendants' moton for judgment on the pleadings is moot in light of the Court's granting of Defendants' other motion. Defendants also request the Court take judicial notice of two matters pursuant to Evidence Code secton 452 subdivisions (c) and (d), to wit: (1) Defendants' June 10, 2022, motion to deem RFAs admitted, along with Defendants' accompanying declaratio...

Excerpt: ... motion or on motion of the defendant if to do so appears to the court appropriate under the c:ircumstances of the case." (ld. at subd. (a).) Any such dismissal "shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council." As is relevant here, such dismissal may occur after either "[s]ervice is not made within two years after the achon is commenced against the defendant" or "[t]he ac...

Excerpt: ...iff's Special Interrogatories, Set One, Nos. 75-80 within thirty (30) days of notice of the Court's order. In connection with its own motion, Plaintiff is awarded attorneys' fees and costs as prayed in the amount of $2,685.00. In connection with Defendant's unsuccessful motion for protective order, Plaintiff is awarded an additional $2,450.00 in attorney's fees. Analysis Defendant's Motion for Protective Order is Denied as Untimely Code of Civil ...

Excerpt: ...3) Forest River or its authorized repair facility failed to repair the RV to conform to warranty within a reasonable number of attempts." Def. Mot., 2: 5-9. Plaintiffs argue that they presented substantial evidence for a jury to find a defect covered by Forest River's written warranty and of DeMartini RV Sales' ("DeMartini") failure to repair the RV to conform to the warranty within a reasonable number of attempts. Pl. Opp., 3:1-2, 4:10-11. Also ...

Excerpt: ...l Procedure section 527.5. Section 527.6(s) provides in pertinent part: "The prevailing party in an action brought pursuant to this section may be awarded court costs and attorney's fees, if any." "[T]he decision whether to award attorney fees to a prevailing party—plaintiff or defendant—under section 527.6[(s)] is a matter committed to the discretion of the trial court." (Krug v. Maschmeier (2009) 172 Cal.App.4th 796, 802.) Defendant may see...

Excerpt: ...fifteen (15) calendar days before the scheduled case management conference, each party shall file with the court and serve on all other parties a completed case management conference statement"), italics added.) No appearances are required. Discussion Application for Writ of Possession Code of Civil Procedure sections 512.010 et seq. govern applications for writs of possession. Secton 512.030 requires that, prior to the hearing on a writ of posse...

Excerpt: ...amount of $42,219.69, court costs of $502.50, less credits of $400.00 for sums already paid by Defendant. Plaintiff does not seek attorney's fees and none are awarded. Discussion Statutory enforcement of settlement agreements is provided for under Code of Civil Procedure secton 664.6. The statute contains a number of requirements. If the agreement fails to meet these, it is not enforceable by this mechanism. Those requirements are, as relevant fo...

Excerpt: .... As to all motions, Defendant seeks imposition of monetary sanctions. For the reasons discussed more fully below, the following motions are granted as prayed: Defendant's motion to deem RFA set one admitted, Defendant's motion to deem RFA set two admitted, and Defendant's motion to com#l Plaintiff's responses to form interrogatories set three. Plaintiff shall provide verified responses to form interrogatories set three within ten (10) days of th...

Excerpt: ...lieved. The motions to compel against Justne Martin and Michael Martin are granted. 80th parties are ordered to provide further response to SROG Nos. 17, 41, 45, 48, 50, 55, 56, 57, 58, 69, 70, 71, and 72. Michael Martin is additionally ordered to provide further response to RFP No. 1. Such additional responses shall be provided within thirty (30) days of the Court's order. Fruition and Brogie shall prepare and submit a proposed order within seve...

Excerpt: ...is mechanism. Those requirements are, as are relevant for present purposes: (1) pending litigation at the tme of both the agreement and the tme of enforcement (see Sayta v. Chu (2017) 17 Cal.App.5th 960, 957 [trial court loses jurisdiction to enforce if complaint is dismissed without a proper request to retain jurisdiction]); (2) parties have stipulated to the agreement orally before the court or in writing and the same contains all of the materi...

Excerpt: ...ded attorneys' fees in the reduced amount of $1,632.05. Defendants shall prepare and submit a proposed order within seven (7) days of this Court's ruling becoming final. Plaintiff filed her own separate motion to compel further responses on February 17, 2023, but the same has not yet been calendared for hearing. The hearing on Plaintiff's motion is hereby set for April 7, 2023, at 10m a.m., in Department 6. Opposition and reply briefs, if any, ar...