Excerpt: ...City of Auburn's answer to the petition filed December 13, 2018, is deemed the answer to the petition as verified June 15, 2019. The court sustains petitioner's objections to Exhibit A of the request for judicial notice, and the declaration of Jon R. Di Cristina. Respondent City of Auburn's request for judicial notice is denied as to Exhibit A, and granted as to Exhibit B. Petitioner Z Brothers Investment, LLC petitions for a writ of administrati...

Excerpt: ...ns arising u nder the chapter. (Civ. Code § 1794, subd. (a).) If the buyer successfully prevails in their action, he or she may recover “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.” (Id. at subd. (d).) The parties entered into a settlement agreement that stipulated plaintiff was the prevailing party and...

Excerpt: ...nt rule precludes defendant's liability; and the complaint is uncertain. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) T he allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.)...

Excerpt: ... 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, the court does not assume the truth of contentions, deductions, or conclusions of facts or law. (Evans v. City of Berkeley (2006...

Excerpt: ...ical Clinic (“N CFMC”), specifically: - - - - Mr. Miller's memorandum of points and authorities in opposition to defendant NCFMC's motion for summary adjudication; Mr. Miller's compendium of evidence in support of plaintiff's opposition to NCFMC's motion for summary adjud ication; Mr. Miller's separate statement in opposition to NCFMC's motion for summary adjudication; and Mr. Miller's declaration in opposition to NCFMC's motion for summary ...

Excerpt: ...ue to petiti oner's misdemeanor violation of Penal Code section 311.3. Individuals may file writs of mandate to compel public agencies to perform acts required by law. (People v. Picklesimer (2010) 48 Cal.4th 330, 339.) In order to obtain relief, “a petitioner must demonstrate (1) no ‘plain, speedy, and adequate' alternative remedy exists (Code Civ. Proc., § 1086); (2) ‘a clear, present, . . . ministerial duty on the part of the responden...

Excerpt: ...he court must make an order awarding attorney's fees and costs to the propounding party unless: “(1) an objection to the request was sustained or a response to it was waived under Section 2033.290; (2) The admission sought was of no substantial importance; (3) The party failing to make the admission had reasonable ground to believe that that party would prevail on the matter; [or] (4) There was other good reason for the failure to admit.” (Id...

Excerpt: ...ect matter jurisdiction over a certain issue assumes it to the exclusion of all others and has the power to enjoin proceedings that are filed subsequent in time. (Franklin & Franklin v. 7 -Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175.) The rule of exclusive concurrent jurisdiction seeks to avoid two cases pertaining to the same subject matter pending in different courts at the same time, needlessly taking up court resource...

Excerpt: ...age, the notice of motion and motion, exhibits, declarations, attachments, table of contents, table of authorities, or proof of service. Additionally, the court notes defendants' objections to additional evidence submitted by plaintiff does not conform to the requir ements in California Rules of Court, Rule 3.1354 because it does not cite to any legal authority for the objections. Further, defendants' response to plaintiff's additional material f...

Excerpt: ...ed an opposition indicating he had only been served by electronic service. The proof of service respondent filed February 16, 2024 shows service by both U.S. mail and by electronic mail. Accordingly, while electronic service on a self -represented litigant who has not consent ed to electronic service is insufficient, Code Civ. Proc., § 1010.6, it appears the motion was properly served by mail. Nonetheless, the court exercises its discretion and...

Excerpt: ...th of statem ents contained in deposition transcripts is not subject to judicial notice, and the court declines to consider the deposition transcripts submitted by the parties for the purpose of ruling on the demurrer. Ruling on Demurrer Defendants Kaiser Foundation Hospitals and The Permanente Medical Group, Inc.'s (collectively, “defendants”) demurrer to plaintiff's first amended complaint (“FAC”) is sustained with leave to amend in it...

Excerpt: ...ising o ut of, plaintiff's divorce or relationship with his family, ex -wife, current partner, and children. (Code Civ. Proc. § 2023.030, subd. (d)(1).) Defendants request the court to issue a terminating sanction against plaintiff for his misuse of the discover y process. Courts may impose sanctions pursuant to Code of Civil Procedure, section 2023.030 against a party who misuses the discovery process. (Code Civ. Proc. § 2023.030) Examples of ...

Excerpt: .... (Code Civ. Proc. , § 430.10, subds. (b), (e), (f).) “Uncertain” is defined as “ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subd. (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 (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 ...

Excerpt: ...ons or accuracy o f the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 5 93, 604.) However, “[i]f the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits.” (SC Manufactured Homes, In...

Excerpt: ...iding interest wi ll be prejudiced if certain records are not sealed. The court further finds that the proposed sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2 .550(d).) The motion is granted in part and the court orders sealed the following documents only: - - - - Memorandum of Points and Authorities in Support of Mr. Miller's Mot...

Excerpt: ...f the household . . . at least 18 years of age.” (Code Civ. Proc., § 415.20, subd. (b).) However, plaintiff contends defendants had already generally appeared in the action before they filed the instant motion to quash. “A general appearance by a party is equivalent to p ersonal service of summons on such party” and 8 thereby forfeits any objection to defective service. (Code Civ. Proc., § 410.50, subd. (a); Fireman's Fund Ins. Co. v. Sp...

Excerpt: ...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, subd. (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 (2010) 184 Cal.App.4th 1422, 1428; Douglas v. Superior Court (1989) 215 Cal.App.3d 155, 158.) Despite the policy of liberally allowing amendments, whether ...

Excerpt: ... prayer for punitive damages on the grounds the complaint, as plead, does not provide a basis for punitive damages. (Code Civ. Proc. §§ 435, 436.) Punitive damages are available “where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice.” (Civ. Code § 3294, subd. (a).) Malice is “conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct w...

Excerpt: ... causes of action in the complaint. However, defendant is not a signatory to the retail installment sales contract (“RISC”). A non- signatory generally may not enforce an arbitration agreement. (Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486, 495.) There is, how ever, an exception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintif...

Excerpt: ...o amend afte r a defendant files a demurrer. (Code Civ. Proc., § 472.) A review of the court's file reveals plaintiff had submitted for filing a first amended complaint on March 8, 2024 which the clerk rejected, noting “Leave of court is required.” While the court file reveals defendant Ferro Automotive Group, Inc. dba Fairfield Chevrolet had already answered, one defendant answering does not affect plaintiff's statutory right to amend...

Excerpt: ...e cause of action doe s not state sufficient facts to state a negligence cause of action. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.A...

Excerpt: ...o the causes of action for negligence and premises liability in plaintiff Michael Bickers's first amended complaint. A motion for summary judgment may be granted if “all the 1 papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) This is compared to summary adjudication that requires a showing that there is no meri...

Excerpt: ...icient to con stitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) “Uncertain” is defined as “ambiguous and unintelligible.” (Code Civ. Proc., § 430.10, subd. (f).) A demurrer tests the legal sufficiency of the ple adings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings ...

Excerpt: ...ations in the pl eadings are deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (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.) The court may only refer to matters outside the pleading that are subject to judicial notice. (Rea v. Blue Shield of California (201...

Excerpt: ...ses of action do not sta te sufficient facts to state the alleged causes of action. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) Th e allegations in the pleading are deemed to be true no matter how improbable 25 the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App...

Excerpt: ... of action. A demurrer tests the 17 legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no ma tter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contenti...

Excerpt: ...d. Plaint iff's request for judicial notice is granted. Ruling on the Motion Defendants claim entitlement to fees under three legal theories. The first is that attorneys' fees in this instance are authorized by contract. (Code Civ. Proc., § 1033.5, subd. (a)(10); Civ. Code, § 1717.) Defendants rely on the employment contract between plaintiff and defendants, which contains an attorneys' fees provision for “the prevailing party in any action ...

Excerpt: ... sho w that there is no triable issue as to any 13 material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) This is compared to summary adjudication that requires a showing that there is no merit to one or more of the causes of action. (Id. at § 437c, subd. (f)(1).) A motion for summary adjudication proceeds “in all procedural respects as a motion for summary judgment.” (Id. at...

Excerpt: ... on the Motion A party is entitled to bring a 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 establis hing 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 ...

Excerpt: ...eeks over ly broad records that are not calculated to lead to admissible evidence. The court agrees, as the subpoena seeks records not sufficiently limited to the 2021 vehicle collision, injuries therefrom, and treatment thereafter forming the basis of the current a ction. The subpoena is also not sufficiently limited in time, seeking records that predate the incident by approximately 7 years. The court may make an order modifying a subpoena or d...

Excerpt: ...t of the then- ongoing meet and confer efforts, no follow -up declaration was submitted and the parties provided no updates in support of the other two motions. The parties are admonished the court expects them to adhere to court orders and abide by the rules of the Code of Civil Procedure and Local Rules pertaining to good faith meet and confer efforts going forward. Motion for Further Independent Medical Examination Defendants move for an order...

Excerpt: ... ty. Plaintiff's objections are overruled in their entirety. Ruling on Motion Defendant L&S Framing, Inc.'s motion for summary judgment is denied. Defendant moves for summary judgment as to the plaintiff's cause of action for PAGA allegations on the grounds that defendant did not employ plaintiff. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving ...

Excerpt: ...filed a jo inder to the opposition, which the court accepts. The court shall grant preference if the moving party is over the age of 70 years, has a substantial interest in the action, and “[t]he health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation.” (Code Civ. Proc., § 36, subd. (a).) The court may also “grant a motion for preference that is accompanied by clear and conv...

Excerpt: ...t o the first cause of action in their complaint for breach of contract. Summary adjudication requires a showing that there is no merit to one or more of the causes of action. (Id. at § 437c, subd. (f)(1).) A motion for summary adjudication proceeds “in a ll procedural respects as a motion for summary judgment.” (Id. at § 437c, subd. (f)(2).) In reviewing the motion, the trial court must view the supporting evidence, and inferences reasona...

Excerpt: ...on February 6 , 2024 to be heard March 5, 2024 —the day after trial is to commence. Plaintiff objects that the instant motion is untimely pursuant to Code of Civil Procedure section 438(e). However, a party may nonetheless file an untimely motion provided “the moving party did not demur to the complaint . . . on the same grounds as is the basis for the motion provided for in this section.” (Code Civ. Proc., § 438, subd. (g)(2).) As defend...

Excerpt: ...ble.” (Cod e Civ. Proc., § 430.10, subd. (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 (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleadings ar e deemed true no matter how improbable they may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth ...

Excerpt: ...omplianc e with the claims presentation requirement, but the public records do not reflect compliance, the governmental entity can request the court to take judicial notice under Evidence Code section 452, subdivision (c) that the entity's records do not show compl iance.”].) However, while the court may take judicial notice of the existence of the public documents, the court may not take 17 judicial notice of “disputed or disputable facts s...

Excerpt: ...his depo sition. 13 Deponent Kevin Loewen refused to respond to multiple questions posed during his deposition based on attorney -client privilege and attorney work product protection, among other objections. Petitioner argues the objections were appropriate in l ight of an ongoing independent investigation into possible conflicts of interest regarding the deponent. Petitioner cites Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725,...

Excerpt: ...udgment bears the burden of showing there is no triable issue of material fact and that the party is entitled to judgment as a matter of law. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party has the burden of showing, by affidavit, fa cts 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.) Once a plaintiff proves its ...

Excerpt: ... without the causes of action for premises liability and/or negligence. A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) H...

Excerpt: ...dication. Ayala requests fees in the amount of $318,748. Ayala separately filed a memorandum of costs requesting costs on August 9, 2023, in the total amount of $14,697.51, not including attorneys' fees. Plaintiff's opposition to the present motion, filed November 2 9, 2023, is titled “Memorandum of Points and Authorities in Opposition to Motion for Attorney's Fees and Combined With Motion to Tax Costs”. To the extent plaintiff moves to str...

Excerpt: ...for sanctions is denied. However, repeated failures to comply with discovery obligations may lead the court to find an abuse of the discovery process and award sanctions on that basis. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, overruled on other grounds in Garcia v. McCutchen (1997) 16 Cal.4th 469, 478, fn. 4.) 15 Motion to Compel Special Interrogatories Plaintiff's unopposed motion to compel responses to special inte...

Excerpt: ...23 are overruled. Ruling on Motion Defendant's motion for summary judgment is granted. Defendant moves for summary judgment as to the sole cause of action for negligence on the grounds that (1) defendant does not owe a duty to plaintiff and (2) there is a la ck of causation between defendant's acts or omissions and plaintiff's injuries. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue...

Excerpt: ... th e causes of action for negligence and premises liability in plaintiff Michael Bickers's first amended complaint. A motion for summary judgment may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) 4 This is compared to summary adjudication that requires a showing that there is no meri...

Excerpt: ...ction 17704 .10 provides, in pertinent part: (a) Upon the request of a member . . . , for purposes reasonably related to the interest of that person as a member . . . , a manager or, if the limited liability company is 16 member -managed, a member in possession of th e requested information, shall promptly deliver, in writing, to the member or transferee, at the expense of the limited liability company, a copy of the information required to be ma...

Excerpt: ...aintiffs have not alleged sufficient facts of extreme or outrageous conduct where defendants intended or acted with reckless disregard to cause plaintiffs emotional distress. The remainder of the demurrer is overruled as there are sufficient factual allegations p leaded to support the first cause of action for negligence and fifth cause of action for breach of contract/breach of implied covenant. The second amended complaint shall be filed and...

Excerpt: ...ng party i s entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).) Code of Civil Procedure section 1033.5 specifies allowable costs and prohibited costs. (Code Civ. Proc., § 1033.5, subds. (a) [allowable co sts], (b) [disallowed costs].) Costs neither allowed nor disallowed “may be allowed or denied in the court's discretion” provided they are “reasonably necessary to the con...

Excerpt: ... pel arbitration in unrelated cases are neither precedential nor persuasive authority with respect to the court's ruling on the instant motion. The court has not considered the rulings of other trial courts on unrelated motions to compel arbitration in arriving at its decision in this matter. Plaintiff's objection to defendants' request for judicial notice filed on February 13, 2024, are sustained. Defendants' request for judicial notice filed ...

Excerpt: ...because his driver's license has been suspended without due process in violation of the Fourteenth Amendment of the United States Constitution. A motion for summary judgment or adjudication may be granted if “all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc. § 437c, subd. (c).) Plaintiff, as the moving party, meets their bu...

Excerpt: ...l violations in a civil proceeding. A party may demur to causes of action that were improperly included without leave of court. (Code Civ. Proc. § 430.10; Zakk v. Diesel (2019) 33 Cal.App.5th 431, 456.) A demurrer tests the legal sufficiency of the pleading, not the tru th of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true...

Excerpt: ...ted matters, Dec. 8, 2023.) While the ruling did order Ms. Dolmo to Þle her responsive pleading by December 22, 2023, she elected to Þle the instant demurrer to the SAC. The court elects to review the instant demurrer on its substance. A party may demur where the pleading does not state facts su
¯icient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., § 430.10, subds. (e), (f).) “Uncertain” is deÞned ...

Excerpt: ...res judicata and collateral estoppel. A party may demur where the 19 pleading does not state facts su
¯icient to constitute a cause of action. (Code Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal su
¯iciency of the pleading, not the truth of the plainti
¯'s allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how impr...

Excerpt: ...to supplemental reply declaration of Daniel Williams is denied. (Code Civ. Proc. § 435.5.) Ruling on Motion Plainti
¯ Steve Frye moves to disqualify attorney Kenneth Brooks from representing defendants California Chiropractic Wellness Corporation, individually and dba New Life Chiropractic, and Timothy Alan Smith in this action. Plainti
¯ also moves to disqualify attorney Rajeev Madnawat from representing defendants Cristina Cyphers, Alexa Gar...

Excerpt: ...r requiring plainti
¯ to furnish a security pursuant to Code of Civil Procedure section 391.1. Plainti
¯ Þled an opposition, signed by counsel Natalie Ludwig, on July 13, 2023. No declaration or a
¯idavit was submitted with the opposition. The motion came for hearing on October 3, 2023, where plainti
¯ was present with Ludwig's law partner, Travis Stroud, who presented argument but no evidence. The court took the matter under submission and ...

Excerpt: ...ception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The fundamental point is that a party is not entitled to make use of [...

Excerpt: ...nforced by the courts. (Madden v. Kaiser Foundation Hospitals (1976) 17 Cal.3d 699, 706; Laswell v. AG Seal Beach, LLC (2010) 189 Cal.App.4th 1399, 1405.) A threshold question for any motion to compel arbitration is whether an agreement to arbitrate exists between the parties. (Cruise v. Kroger Co. (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 ...

Excerpt: ...pond. (Code Civ. Proc., §§ 1089.5, 1088.5.) A review of the court Þle reveals the time for all respondents' answer or other response has not yet elapsed and no answer has yet been Þled. Accordingly, petitioners' request that the court rule on the veriÞed petition is premature. To allow time for respondents to answer, the court continues the hearing on the veriÞed petition for writ of mandate to be heard February 27, 2024 at 8:30 a.m. in Dep...

Excerpt: ...ment Þled Aug. 8, 2023.) Plainti
¯s are entitled to recover reasonable attorneys' fees against Vincent Procopio. The court must next address whether the request for $51,038 is reasonable. Determining the reasonable amount of attorneys' fees begins with the lodestar method, that is, the number of hours reasonably expended multiplied by the reasonable hourly rate. (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095; Serrano v. Priest (Serrano III...

Excerpt: ...ct. (Id. at subd. (g).) A demurrer tests the legal su
¯iciency of the pleadings, not the truth of the allegations or the accuracy of the described conduct. (Bader v. Anderson (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. (1981) 123 Cal.App.3d 593, 604.) However, the court does not assume the truth of contentions, deductions...

Excerpt: ...or summary judgment, the court shall “state its reasons for any other determination” in its written order. (Code Civ. Proc., § 437c, subd. (g).) The court has the inherent power to amend its orders to make them conform to law and 5 justice. (Code Civ. Proc., § 128, subd. (a)(8).) Accordingly, by separately Þled order, the court's January 2, 2024 ruling on submitted matter will be amended to include the following additional language: Defend...

Excerpt: ...de Civ. Proc. § 430.10, subd. (e).) A demurrer tests the legal su
¯iciency of the pleading, not the truth of the plainti
¯'s allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accep...

Excerpt: ...annot be established or that there is a complete defense to the cause of action. Id. at subdiv. (p)(2). A party may move for summary adjudication of a particular cause of action in the same manner. Id. at subdiv. (f). To meet the initial burden, moving party must show that one or more elements of a cause of action cannot be established or that there is a complete defense to the cause of action. Id. at subdiv. (o)(2). When the moving party's initi...

Excerpt: ... asserted or alleged in documents that are the subject of judicial notice, including factual allegations in the complaint Þled in action M-CV-0075665, Dalpino v. Sagar's Saloon, LLC. Discussion A party is entitled to bring a 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(c). This requires more than just establishing that the material ...

Excerpt: ...LC (2020) 53 Cal.App.5th 486, 495.) There is, however, an exception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The fundam...

Excerpt: ...CA US LLC (2020) 53 Cal.App.5th 486, 495.) There is, however, an exception to this general principle under the doctrine of equitable estoppel: “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plainti
¯ to arbitrate its claims when the causes of action against the nonsignatory are ‘intimately founded in and intertwined' with the underlying contract obligations. [Citation.]” (Ibid., citation omitted.) “The...

Excerpt: ...of fact that establish: (1) an overriding interest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictive means to achieve the overriding interest. (Cal. Rules of Court, Rule 2.550, subd. (d).) This rule a...

Excerpt: ...e court but notes this courts rulings in a separate case based on di
¯erent evidence is not citable authority and will not be relied on in the courts analysis of the instant motion. The court on its own motion takes judicial notice of the FAC Þled October 29, 2021. Plainti
¯s objections are overruled in their entirety. Defendants objection number 1 is sustained; the balance are overruled. Preliminarily, as part of its review of all brieÞn...

Excerpt: ... a partial payment of $1,554.83. In October and November 2023 after judgment had been entered, the parties, through counsel, exchanged several emails regarding the amount owed. In one of these emails on October 20, 2023, defense counsel indicated the "total amount owed as of today is $2,680.68" and that interest is accruing at $0.72 per day. On October 23, 2023, plaintiff's counsel indicated an intention to make payment in early November. On Nove...

Excerpt: ...008, subd. (a).) The motion must also present a satisfactory explanation as to why the evidence was not presented at an earlier time. (Code Civ. Proc., S 1008; Shifter v. CBS Corp. (2015) 240 Cal.App.4th 246, 255.) The moving party bears the burden of showing that the information supporting reconsideration is such that the moving party could not, with reasonable diligence, have discovered or produced it earlier. (New York Times Co. v. Superior Co...

Excerpt: ...uth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw (Genesis Environment Services v. San Joaquin...

Excerpt: ...tions or the accuracy of the described conduct. (Bader v. Anderson (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. (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.) The court may only refe...

Excerpt: ...e of Civil Procedure secton 515.010. (Code Civ. Proc., S 512.060, subd. (a).) "No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there." (Code Civ. Proc., S 512.060, subd. (b).) Plaintiff prov-des declaratory evidence the tractors are likely to be in defendants' possession becaus...

Excerpt: ...e pleading are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) The court, however, does not accept the truth of contentions, deductions, or conclusions of aw. (Genesis Environment Services v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The demurrer is reviewed keeping this in mind. Second Cause of Ac...

Excerpt: ...ust be measurable by the contract or by reference to the contract itself and the basis for computing damages must be reasonable and certain. (CIT Group/Equipment Financing, Inc. v. Super DVD, Inc. (2004) 115 Cal.App.4th 537, 541.) "A claim has 'probable validity' where is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim." (Code Civ. Proc., S 481.190.) At a noticed hearing, the court shall issue a ...

Excerpt: ..., however, the court takes judicial notice of the fact of filing of the documents, but not the truth of the information alleged therein. Plaintiff's objections to the request for judicial notice are overruled. Ruling on the Mohon A party may demur where the pleading does not state facts sufficient to constitute a cause of acton or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is amb...

Excerpt: ...the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc., S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. (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 (2009) 179 Cal.App.4th 775, 787.) The allegations in th...

Excerpt: ...e court exercises its discretion and considers the untimely opposition. The parties stipulated in writing for the sale of real property as part of a resolution of all claims with various terms. (Defendant's Exh. 1.) The settlement agreement provdes that tme is of the essence and contemplates a 60-day escrow period once the real property is appraised. (ld. 1, 4.) Defendants present evidence the real property was appraised pursuant to paragraph 1 o...

Excerpt: ...the parties is required on January 2, 2024 at 8:30 a.m. in Department 42 for possible vacation of the January 8th trial date and selection of a firm trial date to take place no later than May 1, 2024 pursuant to Code of Civil Procedure secton 36(f). Motion for Leave to Augment Expert Witness Designation Plaintiff David A. Rodgers moves for an order granting leave to augment his expert witness designation to substitute Caroline Van Alst in place a...

Excerpt: ...to the court a motion or other document, they certify to the court (1) the document is not presented primarily for an improper purposes, (2) the contentons therein are warranted by existing law, (3) the factual contentions have or are likely to have evidentiary support, and (4) the denials of factual contentions are warranted on the evidence or reasonably based on a lack of information or belief. (Code Civ. Proc., S 128.7, subd. (b).) "If, after ...

Excerpt: ...ion based upon new or different facts, circumstances, or law. (Code Civ. Proc., S 1008, subd. (a).) The court may at any time reconsider its prior order if it determines there has been a change of awthat warrants reconsideration. (ld. subd. (c).) As plaintiff's motion is pursuant to Section 1008(c), defendant's contention that the motion is untimely lacks merit. Here, plaintiff contends there has been a change in the aw warranting reconsideration...

Excerpt: ... the Demurrer Defendants Austin Mallory ("Mallory") and County of Placer ("the County") demur to plaintiffs first and second causes of action alleged in the second amended complaint ("SAC"). A demurrer tests the legal sufficiency of the pleading, not the truth of the plaintiff's allegations or accuracy of the described conduct. (Bader v. Anderson (2009) 179 Cal.App.4th 775, 787.) The allegations in the pleading are deemed to be true no matter how...

Excerpt: ...very was not completed 11 earlier, whether a delay in trial or other prejudice would occur, and the length of time between a previous trial date and the instant date. (Code Civ. Proc., S 2024.050.) As to witness Kate Nuss, plaintiff presents evidence Nuss is a necessary witness as the parties' tax preparer when they owned a business together and that she will be unavailable to testify for the current trial dates. Further, plaintiff did not depose...

Excerpt: ...hey also assert their identities were actually known at the time the complaint was filed, which renders the complaint barred against them under the statute of limitations and the Privette doctrine. A motion to quash is the proper method for challenging a doe amendment and may be granted where a plaintiff knew the defendant's identity prior to filing the complaint. (McClatchy v. Coblentz, Patch, Duffy & Bass, LLP (2016) 247 Cal.App.4th 368, 374.) ...

Excerpt: ...rous objections to the declaration of Jennifer G. Redmond and exhibits thereto. The objections do not satisfy the requirements of the California Rules of Court, as they identify the evidence but do not "[q]uote or set forth the objectionable statement or material." (Cal. Rules of Court, rule 3.1354(b)(3).) Additionally, many of the individually numbered objections include several objections. For example, objection number one objects to forty-eigh...

Excerpt: ... be a motion for reconsideration of defendant's motion for new trial or motion to set aside void judgment. The party seeking reconsideration shall identify the "application that was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Code Civ. Proc., S 1008, subd. (a).) A motion for reconsideration requires a showing by affdavit of new or differe...

Excerpt: ...s to exhibits A, 8, C, and E. Plaintiff moves for an order of general reference pursuant to the written agreement of the parties and Code of Civil Procedure section 638 et seq. Plaintiff further requests the court appoint a referee pursuant to Code of Civil Procedure section 640(b). The court may appoint a referee "upon the motion of a party to a written contract or lease that prov-des that any controversy arising therefrom shall be heard by a re...

Excerpt: ...urt notes that Nextitle was granted leave to strike crossdefendants from the second cause of action for contribution. The order was entered on January 22, 2023. In light of this, the court will only address the motion as to the remaining causes of action for equitable indemnity; tort of another; and declaratory relief. Ruling on Objections Nextitle's objections are overruled in their entirety. Ruling on Request for Judicial Notice Cross-defendant...

Excerpt: ...to any material fact and the moving party is entitled to a judgment as a matter of law." (Code Civ. Proc. S 437c, subd. (c).) Plaintiff, as the moving party, meets their burden if they prove each element of the cause of action. (ld. subd. (p)(l).) Only when this initial burden is met does the burden shift to the opposing party to show a triable issue of material fact exists as to the cause of action. (Ibid.) In reviewing a motion for summary judg...

Excerpt: ...ed. Ruling on the Motion The court may grant a preliminary injunction when it appears from the pleading that cross complainant is entitled to the demanded relief and plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. (Code Civ. Proc., S 526, subd. (a).) In making this determination, "the court must consider whether the party seeking the injunction is likely to prevail on the merits" and balances the relative...

Excerpt: ...therein. Defendants initially filed the instant motion acting in pro persona and requested relief pursuant to Code of Civil Procedure sections 473(b) and 473(d). However, such a motion under Section 473(b) is untimely as brought more than 180 days after entry of default; further, the motion provided no basis on which Section 473(d) relief could be granted. Defendants' statutory motion to set aside entry of default is denied. Defendants subsequent...

Excerpt: ...telligible. (ld. at subd. (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 (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. (1981) 123 Cal.App.3d 593, 604.) 3 However, the court does not assume the truth of contentions, d...

Excerpt: ... Civil Procedure section 515.010. (Code Civ. Proc., S 512.060, subd. (a).) "No writ directing the levying officer to enter a private place to take possession of any property shall be issued unless the plaintiff has established that there is probable cause to believe that the property is located there." (Code Civ. Proc., S 512.060, subd. Plaintiff provides declaratory evidence the tractors are likely to be in defendants' possession because defenda...

Excerpt: ...der a record be filed under seal upon express findings of fact that establish: (1) an overriding -nterest that overcomes the public's right to access, (2) an overriding interest supporting sealing the record, (3) a substantial probability that the overriding interest will be prejudiced if the record is not sealed, (4) the sealing of the record is narrowly tailored, and (5) there are no less restrictive means to achieve the overriding interest. (C...

Excerpt: ...dant demurs to the en
Ÿrety of the complaint asser
Ÿng, among other things, that there is another ac
Ÿon pending between the par
Ÿes. (Code of Civil Procedure sec
Ÿon 430.10(c).) The moving party must show an absolute iden
Ÿty of par
Ÿes in both ac
Ÿons with the iden
Ÿcal cause of ac
Ÿon involved in both cases. (Plant Insula
Ÿon Co. v. Fibreboard Corp. (1990) 224 Cal.App.3d 781, 788- 789; Bush v. Superior Court (Rains) (1992) 10 Cal.Ap...

Excerpt: ...Cal. State Auto. Ass'n (1993) 19 Cal.App.4th 761, 774.) "On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs."(ld. at pp. 774—76.) When the reasonableness of particular ftems is challenged, conclusory allegations do not satisfy the objecting party's burden. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1266.) Deposition Costs Plaintiff contests depositi...

Excerpt: ...e section 2032.310 and to set an evidentiary hearing for a judicial determination of plaintiff Nan Shaw's legal capacity. 9 Preliminary Matters and Evidentiary Rulings The court accepts defendant Ryan Rivera's motion for joinder to FOAM's reply. Plaintiffs elected to file their untimely opposition to the instant motion in the same briefing as their reply to their motion for a protective order. This is improper and conflates the issues. Plaintiffs...

Excerpt: ... not respond. The court finds defendants sufficiently endeavored to meet and confer prior to the filing of the instant motion. A party may demur where the pleading does not state facts sufficient to constitute a cause of action or where the pleading is uncertain. (Code Civ. Proc. S 430.10, subds. (e), (f).) A pleading is "uncertain" if it is ambiguous and unintelligible. (ld. at subd. A demurrer tests the legal sufficiency of the pleadings, not t...

Excerpt: ...ng are deemed to be true no matter how improbable the allegations may seem. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) However, "[ilf the allegations in the complaint conflict with the exhibits, we rely on and accept as true the contents of the exhibits." (SC Manufactured Homes, Inc. v. Liebert (2008) 162 Cal.App.4th 68, 83.) The court, however, does not accept the truth of contentions, deductions, or conclusi...

Excerpt: ...verriding interest will be prejudiced if the records are not sealed. The court further finds that the proposed sealing of information is narrowly tailored, and that no less restrictive means to achieve the identified overriding interest exists. (Cal. Rules of Court, rule 2.550(d).) The court orders sealed NCFMC's memorandum of points and authorities in support of demurrer to and motion to strike plaintiff's second amended complaint. Copies of thi...

Excerpt: ...on within the complaint were completely discharged in her Chapter 7 bankruptcy action. The trial court shall grant a motion for 7 summary judgment if "all the papers submitted show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law." of Civil Procedure section 437c(c).) A party to the action may also move for summary adjudication that party contends there is no merit to one or ...