Excerpt: ...ber 15, 2021, and October 20, 2021, due to the death of her father. In opposition to defendant's motion, plaintiff submitted photographs taken by defendant's neighbor supporting plaintiff's argument that defendant was in fact present at the subject residence during the aforementioned time period, including the date of service. Because the opposition was not timely processed in advance of the originally scheduled hearing date, the hearing was cont...

Excerpt: ...42. A proof of service filed October 1, 2021, states that defendant was served by personal service with an order to appear for examination and civil subpoena duces tecum on August 16, 2021, at 8:00 a.m., at 9790 King Road, Loomis, California, which is judgment debtor's residence. In support of the motion, the registered process server who purportedly effectuated service also submits a declaration with additional details regarding the service. The...

Excerpt: ...lender's motion and issued an order requiring Hart to serve responses to the subject discovery on or before September 17, 2021. The court also imposed sanctions on Hart in the amount of $700. Hart did not comply with the court's order requiring service of responses by September 17, 2021. Plaintiff's counsel attempted to meet and confer with Hart on September 23, 2021, and September 27, 2021. Hart indicated that she did not feel safe disclosing an...

Excerpt: ... Petitioner's objections. Petitioner testified on August 15, 2020, he was parked on the right side of the road, not blocking traffic, on his phone for about 15 to 18 minutes when contacted by Officer Wahl. (AR 113:19– 20; 114:2–10.) Officer Wahl wanted to take a breathalyzer, and when Petitioner said he wanted to speak to a lawyer, Officer Wahl arrested Petitioner. (AR 124:24–25; AR 125:9–12.) At the CHP office, Officer Wahl told Petition...

Excerpt: ... either category. There is nothing within the request to establish the document comes from the LWDA records, so it does not qualify as an official record under Evidence Code section 452(c). Nor can it be determined the contents of the letter are undisputed. Indeed, defendant's current challenge raises a dispute over the interpretation of the contents of the letter. Defendant's citations to unpublished federal cases to support judicial notice of t...

Excerpt: ...t are brought primarily to chill the valid exercise of a party's constitutional right of petition or free speech. Code Civ. Proc. § 425.16(a); see also Sylmar Air Conditioning v. Pueblo Contracting Svcs., Inc. (2004) 122 Cal.App.4th 1049, 1055‐1056. In determining whether an action or claim is a SLAPP suit subject to a special motion to strike, the court evaluates first whether the claim arises out of the defendant's protected speech or petiti...

Excerpt: ...n by plaintiff's second amended complaint, filed on July 28, 2021. The second amended complaint alleges breach of contract, misappropriation of trade secrets, breach of the implied covenant of good faith and fair dealing, fraud, and conversion, each claim arising from the alleged breach of a settlement agreement entered into between plaintiff and defendants Herbert Feinberg, Harry Feinberg, Richard Tinervin, and Gotham Enterprises and Affiliates,...

Excerpt: ...ing, utilizing or sharing “any Smartrise trade secret or confidential information”, “any Smartrise document or property obtained during their employment”, and “any Company Invention created by any of the Individual Defendants at any time during employment with Smartrise.” The requested injunction would also prevent defendants from “deleting, modifying, altering, or otherwise destroying or hiding any information or item held by defen...

Excerpt: ... provided insufficient notice with respect to the hearing date which he scheduled for the motion. Second, a motion to vacate judgment does not lie following a ruling on a demurrer. Payne v. Radar (2008) 167 Cal.App.4th 1569, 1574, disapproved on other grounds by Ryan v. Rosenfeld (2017) 3 Cal.5th 124. As a demurrer tests only the sufficiency of the pleadings, there are no “conclusions of law” to be corrected from “uncontroverted evidence”...

Excerpt: ...e, a court rule, or an order of the court.” Code Civ. Proc. § 436. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. 4 Defendants' motion is denied as to Paragraphs 9, 10, 11, 12, 15, 16 and 18. The subject allegations were included in plaintiff's original complaint. As to those allegations which were identified in defendants' m...

Excerpt: ...aintiff asserted that the court has personal jurisdiction over the moving party. Accordingly, the motion remains premature. Defendant's request that the court dismiss the action must also be denied as no such request was stated in the notice of motion. Notwithstanding the denial of defendant's motion, based on the court's review of the file, grounds currently exist for discretionary dismissal of the action against all defendants based on the fail...

Excerpt: ...ppearance in this action. A special appearance is done so that a defendant can object to the court's jurisdiction, allowing the court to determine the sole issue of jurisdiction over the person. (see Greener v. Workers' Comp. Appeals Bd. (1993) 6 Cal.4th 1028, 1036– 1037; Titus v. Superior Court (1972) 23 Cal.App.3d 792, 801.) Defendant Fullmer's opposition to the current request is substantive in nature, it does not oppose the court's jurisdic...

Excerpt: ...tion The motion is denied. Skyline brings this motion seeking a new trial based upon (1) irregularities in the proceedings and (2) newly discovered evidence. (Code of Civil Procedure section 657(1), (4).) Skyline fails to make a sufficient showing to warrant a new trial. Skyline's primary contention focuses on purportedly newly discovered evidence. Specifically, Skyline asserts that the July 2021 letter drafted by defendant and attached to the co...

Excerpt: ...ror as opposed to presenting substantively new evidence. Nextitle's objections nos. 1 and 2 are overruled. Ruling on Motion The motion is denied. Initially, the court agrees with Nextitle's assertion that the fourth and sixth causes of action are no longer asserted against it. Nextitle was originally dismissed from the action and brought back as Doe 1. The fourth and sixth causes of action are not aimed at Doe 1. Thusly, the court reviews the cur...

Excerpt: ... stipulated: Defendants agree to vacate the subject premises by Sept. 15, 2021 and to pay the sum of $3390 by August 3, 2021. If this is done timely plaintiff agrees to dismiss the action with prejudice. If not, judgment shall enter for plaintiff upon default declaration. Plaintiff to dismiss/set aside default judgment against Cheryle Reed and Tiara Reed. According to plaintiffs, the monetary portion of the settlement agreement was timely paid. O...

Excerpt: ...ate actions that involve common questions of law or fact. Walker v. Walker (1960) 177 Cal.App.2d 89, 91‐92. The purpose of consolidation is to promote trial convenience and economy by avoiding duplication of procedure, especially with respect to the proof of issues common to both actions. See McClure, on Behalf of Caruthers v. Donovan (1949) 33 Cal.2d 717, 722‐723. Consolidation rests within the sound discretion of the trial court. Miller's r...

Excerpt: ...fendants' motion are not persuasive. Neither the court's jurisdiction over a now‐dismissed party nor Code of Civil Procedure section 664.6 are implicated by discovery requests seeking facts and documents in plaintiff's possession. While the court does not resolve the issue of defendants' entitlement to offset for the purposes of this motion, defendants adequately demonstrate the potential for offset based on the claims pleaded in this action, a...

Excerpt: ...vice on defendant on September 17, 2021. On September 20, 2021, the clerk served notice of time and place for trial on the parties, setting the case for trial on October 5, 2021. Defendant failed to appear at trial, and judgment was entered in favor of plaintiff. The court's records reflect that after trial concluded, the clerk erroneously set an order to show cause re dismissal hearing on January 31, 2022. Defendant moves to set aside the judgme...

Excerpt: ...at the court strike Calder's fifth, sixth, seventh, eighth and ninth causes of action, and further requested that the court strike Paragraphs 75, 77, 109, 117, 131, 145 and 154, on the grounds that the claims and allegations arose from protected activity. The court granted Jarvis's motion as to the sixth cause of action, and Paragraphs 75, 109, and 117(B), (C) and (F). The motion was otherwise denied. PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL ...

Excerpt: .... The remainder of the objections are overruled. Ruling on Application Plaintiff's application is granted subject to the posting of a $5,000 bond. The court may grant a preliminary injunction when it appears from the complaint that the plaintiff is entitled to the demanded relief and the plaintiff would suffer irreparable injury if the enjoined action were allowed to proceed. (Code of Civil Procedure section 526(a).) In making this determination,...

Excerpt: ... Inc. v. Superior Court (1999) 20 Cal.4th 449, 457, fn. 9. 9 Defendant and respondent City of Lincoln (“defendant”) demurs to the verified petition for writ of mandate and complaint for declaratory relief filed by plaintiffs and petitioners Shamus McClure, Ken Daley and Scott Daley (collectively “plaintiffs”). A demurrer tests the legal sufficiency of the pleadings, not the truth of the allegations or the accuracy of the described conduct...

Excerpt: ...The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. Code Civ. Proc. § 437. To support a prayer for punitive damages, plaintiff must allege ultimate facts supporting a finding of oppression, fraud or malice on the part of the defendant. Civil Code § 3294(a). Malice includes conduct which is intended by the defendant to cause injury to the plaintiff, or des...

Excerpt: ...d he turned the complaint over to his current insurance carrier, believing it would handle the claim. Mr. McGrath states that he first learned on or about June 1, 2021, that no answer had been filed. Defendant moves for discretionary relief from the default and default judgment pursuant to Code of Civil Procedure section 473(b). Discretionary relief may be granted if defendant demonstrates that its failure to timely respond to the complaint was b...

Excerpt: ...staurants, Inc. (collectively “defendants”). A party may move for summary adjudication if it contends that there is no merit to an affirmative defense. Code Civ. Proc. § 437c(f)(1). A moving plaintiff has the initial burden of showing that the affirmative defense has no merit. Code Civ. Proc. § 437c(p)(1). If plaintiff meets its initial burden, the burden shifts to defendant to show the existence of a triable issue of material fact as to th...

Excerpt: ... 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. Plaintiff's first cause of action alleges a dangerous condition of public property. Plaintiff alleges that on September 22, 2020, “the playground area and/or play equipment area” at Parker Whitney Elementary School (“the Premises”) was in a dangerous or defective ...

Excerpt: ...llegations in the pleadings 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 reviews the FAC keeping this in mind. A review of the allegations within the FAC, when they are read as a whole, shows that they are sufficient to support the first and second causes of action at this pleading stage. The demurrer is overruled as to the first ...

Excerpt: ...iled this amended answer. The court declines to take judicial notice of the document since it has not yet been filed with the court. Ruling on Petition The petition is granted. Initially, the court will not issue a statement of decision in this case. Defendant made a conditional request for a statement of decision in the event the court denied the petition. (Defendant's P&As, p. 14:23‐24.) The court grants the petition, thusly, there is no viab...

Excerpt: ...documents related to minor J.W., who plaintiff alleges sexually assaulted her. The parent of J.W. objects to the production of any documents. The documents sought here are student educational records, which are confidential under both federal and state law. (20 U.S.C section 1232g(b)(1); Education Code section 49076.) Absent parental consent, the records may only be disclosed via a court order or lawfully issued subpoena. (20 U.S.C. section PLACE...

Excerpt: ...A Fire & Casualty Insurance Company moves for summary judgment, or alternatively summary adjudication of each cause of action alleged by plaintiffs, as well as the prayer for punitive damages. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants moving for summary judgment bear the burden of persuasion that one o...

Excerpt: ...not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). 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. In 2 rulin...

Excerpt: ...e substantially code compliant and (2) the failure to timely respond was the result of mistake, inadvertence, or excusable neglect. (Ibid.) Defendant has made a sufficient showing to warrant relief from the waiver. This leaves the competing requests for sanctions brought by both parties. The court is compelled to note this request is not one that should have required court intervention. Both counsel play a technicalities game that assists neither...

Excerpt: ...e standards set forth in Tech‐Bilt v. Woodward Clyde & Associates (1985) 38 Cal.3d 488, the settlement at issue is within the reasonable range of the settling cross‐defendant's proportionate share of liability for plaintiffs' injuries and therefore is in good faith within the meaning of Code of Civil Procedure section 877.6. Cross‐Defendant California Mantel & Fireplace, Inc.'s Motion for Determination of Good Faith Settlement The motion is...

Excerpt: ...ustin Naranjo are ruled on as follows: Objection Nos. 1, 3, 4, 5, 9 and 10 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Sophia Perez are ruled on as follows: Objection Nos. 1, 3, 4, 5, 6, 10 and 11 are sustained. The remaining objections are overruled. Defendants' objections to the declaration of Anna Taran are ruled on as follows: Objections Nos. 1, 2, 4, 5, 6, 7, 10 and 11 are sustained. Th...

Excerpt: ...ervices v. San Joaquin Valley Unified Air Pollution Control District (2003) 113 Cal.App.4th 597, 603.) The court reviews the subrogation complaint keeping these principles in mind. Defendants challenge both causes of action in the complaint, asserting a lessee cannot be held responsible for negligently causing fire damage where the lessor's insurance policy is for their mutual benefit. (W. Heritage Ins. Co. v. Frances Todd, Inc. (2019) 33 Cal.App...

Excerpt: ...d conduct. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The current challenge is reviewed keeping this in mind. A review of the breach of contract claim reveals it is deficiently pleaded against the cross‐defendants. First, the allegations do not sufficiently allege crosscompla...

Excerpt: ...blished principles. The sufficiency of the pleadings, not the truth of allegations or accuracy of the described conduct, is tested. (Picton v. Anderson Union High School (1996) 50 Cal.App.4th 726, 733.) All properly pleaded facts are assumed to be true as well as those that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1153.) The court reviews the claims k...

Excerpt: ...little relevance to the matter pending before the court. Ruling on Demurrer In this instance, defendants demur to the single PAGA cause of action alleged in the original complaint. A demurrer is reviewed under well established principles. The complaint is read as a whole giving the pleading and its parts a reasonable interpretation. (Brown v. Ralphs Grocery Co. (2018) 28 Cal.app.5th 824, 833‐834.) All properly pleaded factual allegations and ma...

Excerpt: ...uracy 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. Defendants argue that the termination notice attached to plaintiffs' complaint fails to comply with Code of Civil Procedure section 1161(2). This argument is inapplicable to the action as the complain...

Excerpt: ... and requiring that any judgment obtained against defendant in this matter be paid from the equalization payment. Civil Code section 1708.6 authorizes the court to grant injunctive relief to prevent tortious conduct. The court is also generally authorized to grant injunctive relief in any civil action pursuant to the requirements of Code of Civil Procedure section 526. The court may grant a preliminary injunction when it appears from the complain...

Excerpt: ... Moles are overruled. Defendant's objections to the declaration of Michael Mezzetti are overruled. Plaintiff moves to set aside default pursuant to Code of Civil Procedure section 473.5. Code of Civil Procedure section 473.5 gives the court discretion to grant relief from default or default judgment where service of summons has not resulted in actual notice to a party in time to defend the action. It is typically used in cases where service was m...

Excerpt: ...ification of individuals who were involved in or otherwise witnessed plaintiff's condition, care and treatment while a resident at the “FACILITY”, defined as Crocus Holdings, LLC dba Roseville Care Center. Defendant raises two main objections to the foregoing interrogatories. First, defendant objects on the grounds that the information seeks personal information of employees and former employees in violation of those individuals' right to pri...

Excerpt: ...eclaration. Ruling on Motion Plaintiff seeks an order to enforce a particular portion of the parties' settlement agreement. Specifically, plaintiff seeks an order for sale of the property located PLACER COUNTY SUPERIOR COURT THURSDAY, CIVIL LAW AND MOTION DEPARTMENT 3 THE HONORABLE MICHAEL W. JONES TENTATIVE RULINGS FOR SEPTEMBER 23, 2021 AT 8:30 A.M. PLACER SUPERIOR COURT – DEPARTMENT 3 Thursday Civil Law and Motion – Tentative Rulings Page ...

Excerpt: ...ires Direct's demurrer to the complaint. The hearing on this motion, however, was set a few weeks after Tires Direct's demurrer. Asghar also did not file any supporting documents in conjunction with this motion, which presented the venue challenge as being improperly filed. It is also noted Tires Direct's demurrer did not mention Asghar's venue challenge. Further, Tires Direct did not file its nonopposition to the venue challenge until a day afte...

Excerpt: ...where the pleading does not state facts sufficient to constitute a cause of action. Code Civ. Proc. § 430.10(e). 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...

Excerpt: ...al condition of the defendant if it finds, based on consideration of the supporting and opposing affidavits presented, that plaintiffs have established a substantial probability of prevailing on their punitive damages claim. An award of punitive damages requires a finding of oppression, fraud or malice on the part of the defendant. Civ. Code § 3294(a). Malice includes conduct which is intended by defendant to cause injury to plaintiff, or despic...

Excerpt: ..., 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. Union Pacific's unopposed demurrer is sustained as to plaintiff's fourth cause of action for foreclosure of mechanic's lien. This claim fails to allege suf...

Excerpt: ...ants' request for judicial notice under Evidence Code section 452. Ruling on Motion In the current motion, defendants seek to expunge the lis pendens filed on April 15, 2020. The review for a motion to expunge lis pendens differs when it is brought after judgment in a case has been entered. The subject relief is generally required unless there is a pending appeal. (Amalgamated Bank v. Superior Court (2007) 149 Cal.App.4th 1003, 1015.) In this ins...

Excerpt: ...al jurisdiction in cases where the five‐day summons is not supported by a complaint which alleges the necessary allegations to support an unlawful detainer action against the defendant. Id. However, such a motion may not be used as a means to dispute the merits of the complaint's allegations, or to argue that plaintiff failed to comply with the specific pleadings requirements of Code of Civil Procedure section 1166. Id. at 391. For the purpose ...

Excerpt: ... Valley Resort, LLC moves for summary judgment, or in the alternative summary adjudication as to plaintiff Olja Mijic's causes of action for intentional interference with contractual relations and intentional interference with prospective economic relations. Summary judgment may be granted where there is no triable issue as to any material fact, and moving party is entitled to judgment as a matter of law. Code Civ. Proc. § 437c(c). Defendants mo...

Excerpt: ...equires the moving party to present new or different, facts, circumstances, or law that were unavailable at the time the order was made. (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212‐213.) This requires a showing that the moving party could not reasonably have discovered or produced the information at the time of the hearing. (Ibid; Garcia v. Hejmadi (1997) 58 Cal.app.4th 674, 690.) Ms. Casetta has made no such showing h...